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

Vizită şi percheziţie de domiciliu (601)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes; On the grounds of Article 219 § 1 of the Code of Criminal Procedure, in order to detect or detain, or to ensure the compulsory appearance of a suspected person, as well as to find objects that might serve as evidence for the case or are liable to sequestration in criminal proceedings, it is possible to search premises and other places, if there exist justified grounds to assume that suspected persons or mentioned objects are located there. A search may cover premises, means of transportation, open places, a person, his/her clothes and personal objects.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

1. CoE 1959 Convention on Mutual Legal Assistance , 2. EU 2000 Convention on Mutual Legal Assistance

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

1. Ministry of Justice in Warsaw; Declaration contained in a letter from the Minister of Foreign Affairs of Poland, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 March 1996 - Or. Pol./Engl. For the purposes of the Convention, the public prosecutor's offices shall be also deemed to be “judicial authorities” ( art.24 CoE 1959 ) ;Declaration contained in a letter from the Minister of Foreign Affairs of Poland, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 March 1996 - Or. Pol./Engl. When the letters rogatory are addressed directly to the judicial authorities, a copy of these letters rogatory shall be transmitted to the Ministry of Justice.[Note by the Secretariat: See also the declaration made by Poland to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 9 October 2003.] 2. District or Appellete Prosecutor's Offices - during the pre-trail stage , District Courts -during the judicial stage

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

courts and prosecutor's offices competent depending on both stage of the criminal proceeding and geografical location of the house/other plece to be search ,

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

1. article 16 CoE Convention on Mutual Legal Assistance - Declaration contained in a letter from the Minister of Foreign Affairs of Poland, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 March 1996 - Or. Pol./Engl. The requests and other documents being transmitted shall be accompanied by a translation into the Polish language or into an official language of the Council of Europe;

5. EXECUTION DEADLINE

Polonia

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

1.article 5 of the CoE 1959 Convention on Mutual Legal Assisatnace in Criminal Matters- Reservation contained in a letter from the Minister of Foreign Affairs of Poland, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 March 1996 - Or. Pol./Engl. The Republic of Poland reserves the right to make the execution of letters rogatory for search or seizure of property dependent on the conditions mentioned in Article 5, paragraph 1 (a) (b) (c) of the Convention.

b. Other useful information

Assistance or participation of agents of the requesting State in the execution of the measure is possible under the condition of filing a request to the central authority of the requested State for legal assistance in a criminal matter and for the authorisation of the participation of competent agents in the action in connection with legal proceedings, and of obtaining such an authorisation. They may participate in the operation in the character of observers. The observers cannot be makred as "POLICE" or in other way, cannot have or use guns or other type of weapon

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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