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

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes. It is a mutual recognition measure between the EU member states only

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

District public prosecutor's office (Prokuratura Okregowa) with jurisdiction over the place of residence of the requested person

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

District court (Sad Okregowy) with jurisdiction over the place of residence of the requested person

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

The EAW should be translated into the Polish language

5. EXECUTION DEADLINE

Polonia

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

a) Regular time If the requested person does not give the statement on his/her consent to surrender or to resign from speciality rule, the court gives its decision on the surrender within 40 days as from the date on which the person has been arrested. If the person gives such a statement, the court gives its decision within 3 days as from the date on which the person has expressed his/her statement. The court's proceedings shall be finally completed within 60 days as from the date on which the person has been arrested or within 10 days as from the date on which the person has expressed his/her statement. b) Possible prolongation In particularly justified cases, the time for completion of the court's proceedings can be prolonged up to maximum 30 days. The issuing state shall be informed about the necessity of time prolongation. c) Time required for obtaining the permission for prosecution If the need for getting the permission of competent authority for prosecution arises, time referred to in the items a) and b) begins from the date of receiving the permission. If the time already begun it should be suspended until the receiving of the permission. D) Surrender The prosecuted person is surrendered to the competent judicial authority in the state of issuance of the EAW within the period of 10 days from date on which the decision on surrender became valid and final, at the latest. If, on account of a force majeure or a threat to the life or health of a prosecuted person, it is impossible to surrender the person within the period referred to in item a), the surrender is effected within 10 days from the new surrender date.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

Before the European Warrant is filed, the court may apply provisional detention with regard to the requested person for a period not longer than 7 days, provided that this is requested by the competent judicial authority that has issued the EAW, ensuring that a valid and final sentencing judgment has been rendered as regards the requested person or another decision has been issued serving as the basis for deprivation of liberty. The absence of dual criminality is one of the optional grounds for refusal of the European Warrant. However, if the EAW refers to a person who is not a Polish citizen, the circumstance that the act is not an offence under the Polish law is not an obstacle to the execution of the European Warrant, provided that it is an act which, being a criminal offence referred to in Article 2(2) of the Framework Decision, in the state of issuance of the warrant, is punishable by a maximum penalty of imprisonment of at least 3 years, or an act for which another measure involving deprivation of liberty of the similar sentence at least may be imposed.

b. Other useful information

The issuance of the European Warrant by the Polish court is inadmissible if it does not serve the interest of justice. Link to the web page of the Ministry of Justice: http://bip.ms.gov.pl/pl/ministerstwo/wspolpraca-miedzynarodowa/prawo-unii-europejskiej/wspolpraca-sadowa-w-sprawach-karnych/decyzja-ramowa-rady-we-z-dnia-13-czerwca-2002-r-w-sprawie-europejskiego-nakazu-aresztowania-i-procedury-przekazywania-miedzy-pan/

Last reviewed on 6 iulie 2016 by Secretariatul RJE

See Related Measures


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.