Fiches Belges: Polonia

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

Member States must send procedural documents intended for persons who are in the territory of another Member State to them directly by post. In some cases, the documents may be sent via the competent authorities of the requested Member State. Acording to art. 585 The Polish Code of Penal Procedure: Article 585. By way of legal assistance, actions necessary in criminal proceedings may be conducted, including in particular: 1) service of documents on persons staying abroad or on institutions having their registered offices abroad(...) 4) summoning of persons staying abroad to make a personal voluntary appearance before a court or a public prosecutor in order to be questioned as witnesses or to be submitted to confrontation, and bringing persons under detention for the same purposes, Article 586. § 1. A request to have a document served upon a person who is a Polish citizen and is staying abroad, or to have such a person questioned as an accused, a witness or an expert witness, shall be addressed by the court or public prosecutor to a Polish diplomatic mission or consular office.

International legal framework applicable for this measure in your Member State

Ar. 7 European Convention on Mutual Assistance in Criminal Matters from 20 April 1959, art. 16 Second Addicional Protocol to European Convention on Mutual Assistance in Criminal Matters from 8 October 2001 and Art. 5 European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union from 29 May 2000.

* receive the request/decision for judicial cooperation

Competent authority to receive the request is a court (trial stage) or public prosecutor's office (pre-trial stage) if procedural documents can't be delivered directly by post.

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

Pre-trial stage - public prosecutor's office.Trial stage - court.

Accepted languages for the request/decision

Where there is reason to believe that the addressee does not understand the language in which the document is drawn up, the document, or at least the important passages thereof, must be translated into (one of) the language(s) of the Member State in the territory of which the addressee is staying. If the authority by which the procedural document was issued knows that the addressee understands only some other language, the document, or at least the important passages thereof, must be translated into that other language (art. 5.3. Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union from 29 May 2000).

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

Only in case of summoning of persons staying abroad, service with the summons may be refused if the date of summons is less than 30 days according to Polish declaration to European Convention on Mutual Assistance in Criminal Matters from 20 april 1959.

a. Special requirements

not aplicable

b. Other useful information

not aplicable