Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Polonia

Alte posibilităţi de a obţine informaţii privind taxe sau conturi bancare (403)

1. MEASURE IMPLEMENTATION

Polonia

Is this measure possible in your Member State under International Judicial Cooperation?

In accordance with the regulations of the Polish Code of Criminal Procedure things that could constitute evidence in the case or be subject to seizure to secure penalties, punitive measures involving property, forfeiture, compensation measures or damages must be issued at the request of the court or prosecutor, and in cases of urgency at the request of the police or other competent authority. The person having the thing is subject to issuing it voluntarily. If the issue is required by the police or other competent authority acting on its own, the person who issues a thing has the right to immediately apply for the preparation and submission of the decision to approve their arrest, and what they should be instructed about. In case someone refuses to return the thing voluntarily, it is possible to conduct its collection or search in order to find it. In accordance with Article 105, paragraph 1, point 2 c of the Banking Act, a bank shall be required to disclose information that is subject to the obligation of banking secrecy at the request of a court or public prosecutor’s office in connection with the performance of a request for legal assistance from a foreign state which, on the basis of a ratified international agreement binding on the Republic of Poland, has the right to request information that is subject to the obligation of banking secrecy. This possibility is given by some sector conventions (eg. Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, concluded in Warsaw on 16 May 2005, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concluded in Vienna on 20 December 1988 and the United Nations Convention against Corruption, adopted by the General Assembly of the United Nations on October 31, 2003) and the Protocol established by the Council in accordance with Article 34 of the Treaty on the European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. The Europol Convention The Convention on the protection of the financial interests of the European Communities, together with the additional protocols The basis for obtaining these data on the basis of these international agreements is the prosecutor’s decision. In other cases, obtaining information subject to bank secrecy is possible on general principles laid down in Article 105, paragraph 1, point 2 b and Article 106 b, paragraph 1 of the Banking Act. In accordance with Article 105, paragraph 1, point 2 b of the Banking Act, a bank shall be required to disclose information that is subject to the obligation of banking secrecy at the request of a court or public prosecutor’s office in connection with legal proceedings under way in cases involving criminal or fiscal offences: - against a natural person where such a person is a party to an agreement with the bank, in the scope of information related to that natural person, — committed in connection with the activity of a legal person or organisational unit without legal personality, in the scope of information related to that legal person or organization. In accordance with Article 106b, paragraph 1 of the Banking Act apart from cases specified in Art. 105, the prosecutor who conducts criminal or fiscal offence proceedings may request a bank, the bank staff or other persons involved in the performance of banking operations to disclose information that is subject to the obligation of banking secrecy solely under a decision issued at his/her request by the competent court.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

This possibility is given by some sector conventions (eg. Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, concluded in Warsaw on 16 May 2005, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances concluded in Vienna on 20 December 1988 and the United Nations Convention against Corruption, adopted by the General Assembly of the United Nations on October 31, 2003) and the Protocol established by the Council in accordance with Article 34 of the Treaty on the European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. The Europol Convention The Convention on the protection of the financial interests of the European Communities, together with the additional protocols

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

The Ministry of Justice in Warsaw, the General Prosecutor’s Office in Warsaw, the penal courts and the units of the prosecution service

* execute/recognise the measure (if other than the receiving authority)

the penal courts in the judicial proceedings or prosecutors in the pre-trial stage.

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

The requests and attached documents shall be accompanied by their translation into Polish language or into an official language of the Council of Europe ( according to the Polish reservation to Article 16 paragraph 2 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ). The undermentioned bilateral agreements specify the language requirements that requests for mutual assistance have to meet: -Cyprus of 14.11.1996 –Polish or English languages, -Estonia of 27.11.1998- Polish, English or Russian languages, - Finland of 27.05.1980- Polish or English languages, - Germany of 17.07.2004 – Polish language, -Greece of 24.10.1979 –Polish or French languages, -Lithuania of 26.01.1993- Polish, English or Russian languages, -Latvia of 23.02.1994- Polish, English or Russian languages, -Sweden of 10.02.1989-Polish language.

5. EXECUTION DEADLINE

Polonia

Deadlines for the execution of the request/decision (where applicable)

The request for assistance shall be executed as soon as possible and be given priority , especially if marked by the requesting authority as urgent. The requesting authority shall explain the reasons for the deadline. If the request cannot be executed within the time limit set in it, the requested authority shall immediately inform the requesting authority. It will provide information on the new time limit.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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