Fiches Belges

Yes. Anybody, who have in their possession items which could be important for the investigations are obliged to surrender such items to the investigative authorities for the investigation. This also includes the submission of written documents. This also applies to the items in possession of domestic authorities. The obligation to produce documents does not apply to documents which contain information with respect to which giving a testimony is not possible (i.e. classified information or information covered by an obligation of secrecy), unless the person who possesses such document was released from the obligation to preserve such a secret.

Directive regarding the European Investigation Order in criminal matters in relation to EU Member States who have implemented the Directive. For the Member States who do not participate in the aforementioned Directive: the MLA 1959 Convention with its additional Protocols and MLA 2000 Convention with its Protocol.

Circuit Prosecutor´s Office (Prokuratura Okręgowa) – for the pre-trial stage District Court (Sąd Rejonowy) – for the trial stage National Prosecutor’s Office Bureau of International Cooperation – a central authority for the pre-trial stage. Poland does not establish a central authority for cases at the judicial stage of the proceeding. However, if an EIO was issued at the judicial stage of the proceedings, and establishing the competent court in Poland was not possible (even via contact points of the European Judicial Network), the transmission of an EIO will be possible via the Ministry of Justice Department of International Cooperation and Human Rights. Ministry of Justice Department of International Cooperation and Human Rights is a central authority for the MLA 1959 Convention and MLA 2000 Convention requests. However, direct transmission of requests to the competent authorities are recommended.

EIO – Polish. Only in urgent matters English would be acceptable. However, due to the fact that in Poland the EIO still would have to be translated into Polish, it is recommended to send it immediately with translation into Polish. MLA – Polish, but English and French are also possible.

EIO – deadlines stipulated by the EIO Directive have been implemented. MLA – no deadlines, but 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.

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