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 suspecţilor / persoanelor acuzate: procedura standard (710)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes. According to the Polish penal procedure , a suspect is a person against whom a decision on the presentation of charges has been issued , or who without the issuance of such decision was presented a charge in connection with his/her hearing as suspect. An accused is a person against whom an act of indictment was submitted in the court. The hearing a suspect / an accused person requires drawning up minutes. The course of the recorder procedure may be also registered with the help of equipment to record the picture or sound whereof the person participating in the procedure shall be warned. A suspect /an accused person has the right to give explanation. However, without giving any reasons, he/she may refuse to answer questions or to give explanation. Prior to the first hearing , a suspect shall be advised on his rights: to give or refuse to give explanation, to refuse to answer questions, to submit requests for procedures in investigation or inquiry, to be assisted by a defence counsel, to become familiar with the gathered material of the investigation. Moreover a suspect /an accused person shall be asked whether he/she pleads guilty of the act alleged to him/her and whether he/she wishes to make any and if so what explanations. Polish law shall be applied to process procedures carried out at the request of the foreign judicial authority. However, the wish of these authorities to apply a particular mode of proceedings or a particular form while carrying out the procedures shall be satisfied, if this is not contradictory to the principles of legal order in Poland. In the case of the request for hearing of a suspect / an accused person the list of questions shall be attached to the request. On the express request the requested judicial authority shall state the date and place of execution of the letters rogatory. Official and interested persons may attend the taking evidence a suspect/ an accused person from however their participation requires the consent of the requested authority. According to the Polish internal regulations the requested action – for instance the hearing of a suspect/ an accused person - is executed by a prosecutor or by a court.

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/ still valid bilateral agreements between Poland and undermentioned countries: -Austria of 27.02.1978 -Austria of 2.06.2003 - Bulgaria of 4.12.1961 - Cyprus of 14.11.1996 - Czech Republic of 21.12.1987 - Estonia of 27.11.1998 - Finland of 27.05.1980 - Greece of 24.10.1979 - Germany of 17.07.2004 - Hungary of 6.03.1959 - Italy of 28.04.1989 - Lithuania of 26.01.1993 - Luxembourg of 22.01.1934 - Latvia of 23.02.1994 - Slovakia of 25.03.1997 - Sweden of 10.02.1989 c/ 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 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 ). The undermentioned bilateral agreements specify the language requirements that requests for mutual assistance have to meet: -Cyprus of 14.11.1996 –Polish or English languages, -Estonia of 27.11.1998- Polish, English or Russian languages, - Finland of 27.05.1980- Polish or English languages, - Germany of 17.07.2004 – Polish language, -Greece of 24.10.1979 –Polish or French languages, -Lithuania of 26.01.1993- Polish, English or Russian languages, -Latvia of 23.02.1994- Polish, English or Russian languages, -Sweden of 10.02.1989-Polish language.

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

An interpreter shall be provided to any procedures with the participation of a suspect/an accused person who has not a sufficiently good command of Polish. If a suspect/an accused person is warned on the her/his procedural rights and duties, the instruction with its translation into Polish should be enclosed to the request.

b. Other useful information

In Polish penal proceedings , a suspect/an accused person must have a defence counsel if: -he/she is under age , -he/she is deaf, mute or blind, -there is a justified doubt as to his/her mental capacity.

Last reviewed on 6 iulie 2016 by Secretariatul RJE
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