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

Convocarea martorilor (701)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes;According article 177 paragraph 1 code of criminal procedure " Each person summonned to witness is obliged to turn up and testify "

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

1. CoE 1959 Convention on Mutual Legal Assistance - article 7 2. EU 2000 Convention on Mutual Legal Assistance in criminal matters

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 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. 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 Appellate Prosecutor's Offices during the pre-trial proceeding and District or Appellate Courts - during the judicial proceeding depending on the region/city the witness has his/her whereabouts

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

District Prosecutor's Offices during the pre- trial proceeding and District Courts - during the judicial proceeding depending on the region/city/twon where the witness has his/her whereabouts

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

1. CoE 1959 Convention on Mutual Legal Assistance - article 16 - 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; the translation of the documents which are to be transmitted is not necessary if the transmission has the form of a simple service. In other cases they shall be translated into the Polish language if the receiver is a Polish national or if his permanent residence is in Poland. 2. Article 5 point 3 of the EU 2000 Convetion on Mutual Legal Assistance in criminal matters - 3. 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 theimportant passages thereof, must be translated into that other language.

5. EXECUTION DEADLINE

Polonia

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

1. - article 7 of the CoE Convention in Legal Assistance in Criminal Matters.Declaration contained in the letter from Ministry of Foreign Affairs in Poland , handed over to the Secretary General at the time of deposit of the instrument of ratification on 19 March 1996 : " The transmission of the summons ca be refused if less then 30 days remain before theday for appearance ". 2.- article 4 point 1 of the EU 2000 Convention on Mutual Legal Assistance in criminal matters . Where mutual assistance is afforded, the requested Member State shall comply with the formalities and procedures expressly indicated by the requesting Member State, unless otherwise provided in this Convention andprovided that such formalities and procedures are not contrary to the fundamental principles of law in the requested Member State.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

Article 5 point 4 of the EU 2000 Convention on Mutual Legal Assistance in criminal matters - All procedural documents shall be accompanied by a report stating that the addressee may obtain information from the authority by which the document was issued or from other authorities in that Member State regarding his or her rights and obligations concerning the document. Paragraph 3 shall also apply to that report

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

Guide for a first visit
If you don't know how to use the fiches belges for help in request mutual legal assistance, visit this page

  • © 2017 RJE. Toate drepturile rezervate.