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 percheziţia locului unde infracţiunea a fost comisă (602)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes, Article 207 § 1 of the Code of Criminal Procedure stipulates that if such a necessity arises, a view of a place, a person or an object is conducted. Article 209 § 1 of the Code of Criminal Procedure stipulates that if there is a suspicion of causing death by criminal means, an examination and an autopsy of a corpse is carried out (the so called post mortem). On the grounds of Article 210 of the Code of Criminal Procedure, a court may order an exhumation with the view of conducting an examination or an autopsy. Article 211 of the Code of Criminal Procedure provides grounds for carrying out an experiment during the proceedings in order to verify the circumstances of crucial relevance to the case. An experiment during the proceedings consists in making an experiment or reconstructing the course of events subject to examination, or of their fragments.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

1.CoE 1959 Convention on Mutual Assistance in Criminal Matters ;2.EU 2000 Convention on Mutual Assistance in Criminal Matters between the Member States

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

1. Ministry of Justice in Warsaw- article 15 of the CoE 1959 Convention on Mutual Assistance in Criminal Matters 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. 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. Article 24 CoE 1959 -For the purposes of the Convention, the public prosecutor's offices shall be also deemed to be “judicial authorities”. 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 competent depending on the geografical location of the house/other place to be searched ,

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

court or prosecutor's offices depending both on the stage of the criminal proceeding and the geografical location of the place to be visit or/and to be search

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

1.According the CoE 1959 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

N/A

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 shall not be marked as "POLICE " or other way , shall not carry guns or other weapon.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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