Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
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Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Polonia

Măsuri provizorii în vederea confiscării (504)

1. MEASURE IMPLEMENTATION

Polonia

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

Surrender and seizure of object ( see 501) The temporary seizure of assets (see 501) The freezing order of property (see 501) The blockade a bank account (see 502)

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

A request on the general principles based on / the request for freezing on assets without the decision and certificate/ Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union or European Convention on Mutual Assistance in Criminal Matters Strasbourg, 20.IV.1959 and Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters Transmission of freezing orders together with the certificate Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; / implementation 2.08.2005 in Penal Procedure Code Chapters 62a, 62b/ - See doc. 7199/06

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

At the trial stage the request and orders have to be addressed to "sąd rejonowy" (regional court), during preparatory proceedings (pre-trial stage) to "prokuratura okręgowa" (district prosecutor's office)

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

the request and order may be executed by the district prosecution office or regional prosecution office under supervision of the district prosecution office.

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

Generally a request in Polish with including findings established bilateral agreements. Decision 2003/577/JHA. As Poland has not made any declaration on the basis of Article 9.3. of the said Decision the certificates shall be accepted in Polish.

5. EXECUTION DEADLINE

Polonia

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

Art. 589n § 1. The decision on the execution of the freezing order or on securing the property referred to in Article 5891 § 1 is issued by the competent court or public prosecutor immediately and, whenever practicable, within 24 hours of receipt of the order. Art. 589p. § 1. A competent judicial authority of the issuing State is notified immediately, if practicable within 24 hours of the receipt of the order, of the decision on the execution of the order to freeze evidence or secure property. The notification may also be given by any means of electronic data transmission allowing the establishment of the authenticity of transmitted documents. Art. 589r § 2. The record of the procedure of freezing evidence or seizing property is immediately transmitted to the competent judicial authority of the issuing State. Article 589p § 1 second sentence applies accordingly.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

The prosecutor, police reveals the assets of suspect. This phase of the proceedings could take place without the participation of suspect. The next phase - an order freezing property, must take place with the participation a suspect. The order freezing must be received by the suspect. The suspect has the right to appeal against this decision to the court. This measure may be applied to the suspect, so the person on which the evidence sufficiently justifies the suspicion of having committed an offence. Who is a "suspect" in Polish law - article 313 code of criminal procedure. Art. 313. § 1. If information existing at the moment of initiating the investigation or collected during the course, sufficiently justifies the suspicion that the offence was committed by a specific individual, the decision to bring charges is drawn up and announced to the suspect. The suspect is interrogated, unless the announcement of the decision and the examination of the suspect are not possible because he is in hiding or absent from the country.

b. Other useful information

Art. 217. Surrender and seizure of object. § 1. Objects which may serve as evidence or which are subject to seizure in order to secure financial penalties, penal measures of financial nature, forfeiture, compensatory measures or claims for compensation for damage, should be surrendered at the request of the court, the public prosecutor, and in urgent cases, of the Police or other authorised agency. § 2. A holder of an object subject to seizure is called upon to surrender it voluntarily. § 3. In case of seizure, Article 288 applies accordingly. A transcript thereof need not be taken, if the object is attached to the case files. § 4. If the surrender is demanded by the Police or by other authorised agency acting on its own behest, the person surrendering the object may immediately request that the decision approving the seizure be drawn up by the court or the public prosecutor and delivered. A person surrendering an object should be advised of that right. The decision should be served within fourteen days of the seizure. § 5. In the case of a refusal to surrender an object voluntarily, it may be seized by force. Articles 220 § 3 and 229 apply accordingly. Art. 295. Temporary seizure. § 1. If an offence referred to in Article 291 is committed, the Police may temporarily seize the moveable property of the accused, if it is feared that the accused might try to remove it. § 2. Articles 217-235 apply accordingly. § 3. Temporary seizure may not concern property, which is not liable to enforcement. § 4. Temporary seizure is annulled, if within seven days of the seizure a decision securing the claim has not been issued.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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