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 suspecţilor / persoanelor acuzate (709)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes. According to the Polish penal procedure summons are served by post or any other authorized unit which serves correspondence and , if necessary, through the Police. The writ is served to the addressee in person. In the case in which the addressee is currently absent from home, the writ is served on a grown up member of his/her household. The writ may be also served through the intermediary of a fax or electronic mail. In such case, the proof of service is the confirmation of data transmission. If the service in the aforementioned manner is not possible, the writ sent by post is left at the nearest post office of the public operator. The deliverer shall notify the addressee on having left the letter in the described way by placing an advice in the letter box or on the door of the addressee’s residence or in any other visible place with the indication where and when the writ has been left and that it shall be collected within seven days. In the case of ineffective expiry of this time limit, the advice shall be repeated. At least seven days shall elapse between the serving of notice and the day on which the first-instance hearing is to be held ( before the court). The summons may be served in special a manner or in a special form when the requesting authority expressly so requests and the requested manner or form are not contrary to the basic principles of legal order in Poland. Additionally the summons can be sent via the requested judicial authority when: -the address of the suspect or accused person for whom the document is intended is unknown or uncertain; or -the relevant procedural law of the requesting authority requires proof of service of the document on the addressee, or -the requesting authority has justified reasons for considering that dispatch by post will be ineffective or is inappropriate. Proof of service may be given by means of a receipt dated and signed by the addressee ( the summoned person) or by the person served or by means of a declaration by the requested authority that service has been effected and stating the form and date such service. If service cannot be effected the reasons are communicated immediately to the requesting authority.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

a/ the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ( with the Additional Protocols) b/ the 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

the Ministry of Justice in Warsaw, the General Prosecutor’s Office in Warsaw, the penal courts and the units of the prosecution service

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

the penal courts in the judicial proceedings or the prosecutors in the pre-trial stage

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

The translation of the documents which are to be transmitted is not necessary if the transmission has the form of simple service. In other cases they shall be translated into the Polish language if the receiver is a Polish national or his/her permanent residence is in Poland.

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. The requesting authority shall specify the concrete date set down for appearance of prosecuted or accused person and transmit the request for serving the summons in a good deal of time.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

The service of the summons can be refused if less than 30 days remain before the date of appearance.

b. Other useful information

In the cases of urgency, persons may be summoned or notified by phone or in any manner appropriate in the circumstances, with a copy of the communication left in the dossier, signed by the sender.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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