Measure Implementation

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

Yes, it is (see information to the point: A.50)

Legal Framework

International legal framework applicable for this measure in your Member State

The EIO Directive and for the Member States who do not apply it, the MLA 2000 Convention.

Competent Authority

* receive the request/decision for judicial cooperation

EIO - Circuit Prosecutor’s Office (Prokuratura Okręgowa) having territorial jurisdiction is the competent authority to receive an Annex C notification. In case it is not possible to establish territorial jurisdiction, the EIO may be sent to the central authority – National Prosecutor’s Office, Bureau of International Legal Cooperation. MLA - Circuit Prosecutor’s Office (Prokuratura Okregowa) having territorial jurisdiction; while the role of contact points shall be fulfilled by the Voivodeship Police Commanders (Komendant Wojewódzki Policji) having territorial jurisdiction.

Accepted languages

Accepted languages for the request/decision

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.

Execution deadline

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

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.

Concise legal practical information

Special requirements

EIO: There is no one single authority responsible for receiving or executing this type of cooperation. Competence of the circuit prosecutors is attached to the territorial jurisdiction. In urgent matters there is possibility to contact a competent Police or a prosecutor being available in a 24/7 regime, or a central authority. MLA: Voivodeship Police Commanders (Komendant Wojewódzki Policji) having territorial jurisdiction and fulfilling the role of 24/7 contact points.

Last reviewed on 22 January 2024 by EJN Secretariat

NEXT MEASURE

  • Electronic evidence, interception and surveillance (A.50 - A.56)
  • A.52 Tracing of telecommunications and other forms of electronic communications
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