Fiches Belges

Yes, it is. Generally, it is the measure used in Police-to-Police cooperation. However, due to the Polish implementation of the EIO Directive it can be implemented within the framework of judicial cooperation. According to the Article 589w § 7 of the CPC, where operational and exploratory activities are carried out on the basis of separate regulations (e.g. law on the Police), an EIO shall be issued by the body carrying out such activities after prior consultation with the relevant body of the ruling enforcement state as to the duration of those activities and the conditions for their performance. The issuance of an EIO shall require approval by the public prosecutor competent on the basis of separate regulations, unless the admission, obtaining or examination of evidence is reserved to the competence of the court. In such a case, the issuance of an EIO shall require approval by the court competent on the basis of separate regulations. Additionally, according to the Article 589zi § 6 of the CPC, If an EIO includes a request to carry out operational and exploratory activities, the competent Polish services and the competent services of the ruling issuing state shall agree on the duration of the activities and the conditions for their performance within the scope of that request.

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

EIO: Circuit Prosecutor´s Office (Prokuratura Okręgowa) having territorial jurisdiction– for the pre-trial stage; District Court (Sąd Rejonowy) having territorial jurisdiction – for the trial stage; National Prosecutor’s Office Bureau of International Cooperation – is a central authority for the pre-trial stage. Poland did not establish a central authority for cases at the judicial stage of the proceedings. 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 is recommended. MLA: the authorities competent in the scope covered by Articles 12 (controlled deliveries) and 14 (covert investigations) of the MLA 2000 Convention and the Second Additional Protocol to the MLA 1959 Convention is the Chief Police Commander ('Komendant Glówny Policji'), while in the scope covered by Article 12, in respect of serious fiscal offences - also the Minister of Finance.

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 acceptable.

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 out in it, the requested authority shall immediately inform the requesting authority. It shall provide information on the new time limit.

The execution of an EIO that does not contain information on an agreement between issuing and executing authorities as to the duration of the requested activities and the conditions for their performance may be refused if the EIO issuing body does not provide such information within the deadline indicated by the court or the prosecutor. The execution of an EIO shall be refused if the performance of the measures specified therein would not be permissible in a similar domestic case.