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 copiilor (705)

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

A witness under the age of 17 is treated as an underage witness according to the Polish law. There is no minimum age for a child to be heard in the character of a witness - the authority conducting the proceedings decides about the proportionality of a hearing in each individual case. In the cases related to offences against freedom, sexual liberty and decency and against family or duty of care , which were committed with using of violence or under illegal threat , the victim (child) who at the moment of hearing was below 15 years of age may be heard only once and also if the testimony of this witness may have a crucial importance for the finding in the case, unless there were divulged important circumstances whose explanation requires a re-hearing . The hearing is conducted by a court with the participation of a psychologist. The prosecutor, defence counsel and representative of the victim may also take part in the hearing. In the cases related to offences against sexual liberty and decency and against family or duty of care , which were committed with using of violence or under illegal threat , the witness (child), who at the time of the hearing has not completed 15 years can be heard under conditions as above, if the testimony of the witness may be relevant to the case.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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