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

Urmărire activă transfrontalieră (802)

1. MEASURE IMPLEMENTATION

Polonia

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

1) At the common border with Germany: - Authorised officers of Federal Republic of Germany may carry out pursuit for extraditable offences (Article 41(4)(b) Schengen Convention). - Authorised officers of the Federal Republic of Germany may carry out pursuit without limit in space or time - may be also carried out through air and sea border 2) At the common border with Lithuania: - all extraditable offences; - in the event of offences which may constitute grounds for the issue of a European Arrest Warrant; - when the person concerned has escaped from a place of detention - Pursuit can be continued up to a maximum radius of 100 kms from the border and for no longer than one hour 3) At the common border with the Czech Republic: - where the person concerned is suspected of committing a deliberate criminal offence punishable by the national laws of both the Contracting Parties by a custodial sentence for at least one year - where the person concerned has escaped from arrest, a penal institution, a house of correction or psychiatric institution in which he was placed by a legal decision - There are no restrictions on the duration and territorial scope of the pursuit. 4) At the common border with Slovakia: - all extraditable offences; - in the event of offences which may constitute grounds for the issue of a European Arrest Warrant; - when the person concerned has escaped from a place of detention - There are no restrictions on the duration and territorial scope of the pursuit.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

1. Agreement between the Republic of Poland and the Republic of Lithuania on cooperation by police and border guard forces in border regions and in combating crime, signed in Vilnius on 14 March 2006) 2. Agreement between the Republic of Poland and the Czech Republic on cooperation in combating crime, the protection of public order and collaboration in border regions, signed in Warsaw on 21 June 2006) 3. On 12 May 2010 the Agreement between the Republic of Poland and the Slovak Republic was signed in Bratislava amending the Agreement between the Republic of Poland and the Slovak Republic on cooperation in combating crime and cooperation in border regions signed in Warsaw on 23 March 2004. Article 8 A paragraph 6 of the Agreement signed on 12 May 2010 introduces regulations concerning hot pursuit. The Agreement came into force on 31 of July 2011. 4. Polich - German border : - art. 41 of the Schengen Implementing Convention - the Agreement of the Government of the Republic of Poland and the Government of the Federal Republic of Germany on the cooperation of police, border guard and custom forces, signed in Zgorzelec on 15 May 2014 (Dz.U.2015.940), which came into force on 9.07.2015

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

Authorities to be contacted when crossing the border: 1) POLISH-GERMAN BORDER: - Commander in Chief of the Police, - Police, Border Guard, Customs Cooperation Center 2) POLISH-SLOVAK BORDER: - Relevant Joint Crossborder Center 3) POLISH-CZECH BORDER: - Relevant Voivodship Police Commander, Joint Crossborder Post and Commander in Chief of the Police 4) POLISH-LITHUANIAN BORDER: - Relevant Voivodship Police Commander and Commander in Chief of the Police

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

Commander in Chief of the Police

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

1) POLISH-GERMAN BORDER: Polish, German or English language 2) POLISH-SLOVAK BORDER: Polish, Slovak or other agreed language 3) POLISH-CZECH BORDER: Polish or Czech language unless there is an agreement between both sides to communicate in other languages 4) POLISH-LITHUANIAN BORDER: Polish, Lithuanian or English language

5. EXECUTION DEADLINE

Polonia

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

POLISH LITHUANIAN AGREEMENT: no longer than one hour (Article 11 (4)) POLISH SLOVAK AGREEMENT: Article 8 (4) POLISH GERMAN AGREEMENT Article 25 paragraph 3 (2) without limitation in the time and the territory

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

N/A

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.