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

Audierea martorilor: prin video conferinţă (703)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

1) European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ( with the Additional Protocols) 2) Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union with the Protocol of 16.10.2001

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

1) the Ministry of Justice in Warsaw/the General Prosecutor’s Office in Warsaw 2) District Prosecutor's Office/Court

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

District Prosecutor's Office/Court

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

The requests and attached documents shall be accompanied by their translation into Polish language or into an official language of the Council of Europe ( according to the reservation with regard the provisions in Article 16 paragraph 2 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ). Attached translation into Polish will speed up execution of the request.

5. EXECUTION DEADLINE

Polonia

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

The request for assistance shall be executed as soon as possible and be given priority , especially if marked by the requesting authority as urgent. The requesting authority shall explain the reasons for the deadline. If the request cannot be executed within the time limit set in it, the requested authority shall immediately inform the requesting authority. It will provide information on the new time limit.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

Article 177 § 1a of the Code of Criminal Procedure stipulates that the examination of a witness may be conducted with the use of technical equipment making this action possible through remote transmission. Requests for a hearing by videoconference shall contain, in addition to the information referred to in Article 14 of the European Mutual Assistance Convention , the reason why it is not desirable or possible for the witness to attend in person, the name of the judicial authority and of the persons who will be conducting the hearing. The person to be heard may claim the right not to testify which would accrue to him or her under the polish penal code ofeither the requested or the requesting Member State.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE
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