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

Sechestrul de bunuri (501)

1. MEASURE IMPLEMENTATION

Polonia

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

Possible according The Polish Code of Penal Procedure Chapter 32 Security on Property Article 291. § 1. If the accused is charged of committing a criminal offence subject to a fine, financial payment, or with regard to which a forfeiture of objects or the obligation to redress damage may be adjudicated, then the execution of the ruling may be secured ex officio on the property of the accused or the property referred to in Article 45 § 2 of the Criminal Code, if there is a justified concern that without such a security execution of such a fine, financial payment, forfeiture or damage redress would be impossible or significantly impeded and according to art. 589l § 1 of The Polish Code of Penal Procedure witch states that the District Court or Prosecutor witch the local venue carries out immediately the decision issued by the competent judicial authority of another Member State of the European Union on arresting things, correspondence, dispatches, lists of telephone calls or other information or data transfer stored in the information system or on a carrier, the correspondence by e-mail included, or a decision on the seizure of property to secure the execution of a decision on forfeiture in these things, correspondence, dispatches, lists, data or property are held or are stored in the territory of the Republic of Poland.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence. 

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

Pre-trial stage - public prosecutor's office. Trial stage - court with the local venue.

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

Pre-trial stage - public prosecutor's office. Trial stage - court with the local venue.

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

Polish - according to art. 589n § 5 of The Polish Code of Penal Procedure the documents transffered shall be translated into an official language of the State where the decision is to be executed or into any other language indicated by that State.

5. EXECUTION DEADLINE

Polonia

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

According to art. 589n i 589p the decision on the execution of the ruling related to the arresting of exhibits or the securing of the property, is rendered by the competent Court or Prosecutor immediately, if possible within 24 hours of being served the decision. The competent judicial authority of the State which rendered the decision shall be notified immediately, if possible within 24 hours from the decision being received, on the content of the decision related to the execution of the decision to arrest exhibits or to secure the property.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

not aplicable

b. Other useful information

not aplicable

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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