Measure Implementation

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

Yes.

Legal Framework

International legal framework applicable for this measure in your Member State

EIO Directive.(Annex A). MLA 1959 Convention with its Second Additional Protocol MLA 2000 Convention Bilateral treaties on Police/other LEA cooperation – with Lithuania, Germany and Slovak Republic.

Competent Authority

* receive the request/decision for judicial cooperation

Circuit Prosecutor’s Office (Prokuratura Okręgowa) having the territorial jurisdiction. Chief Police Commander (Komendant Glówny Policji); in respect of serious fiscal offences - also the Minister of Finance.

Accepted languages

Accepted languages for the request/decision

Under the EIO Directive Polish, only exceptionally in urgent matters, English. Otherwise, Polish (preferably), or one of the official languages of the Council of Europe.

Execution deadline

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

According to the EIO Directive deadlines. Otherwise, there are no specific deadlines.

Concise legal practical information

Special requirements

Controlled deliveries may be carried out for the purpose of evidencing the most serious criminal offences listed in Article 19 (1) of the Act on the Police of 1990, or establishing the identity of persons participating in these offences, or taking over the objects of offences. At the EIO/request, executing authority/requested Party may grant permission for the controlled delivery of objects coming from crime or intended for the commission thereof, if otherwise determine the participants in the act or detection of distribution routes would be impossible, or very difficult. These objects may be in particular narcotic drugs and psychotropic substances, weapons, explosives, false means of payment, securities, financial resources and objects from the crime. Authorisation may be granted subject to certain conditions. Consent shall be in accordance with the domestic law of the executing/requested Member State. The executing authority/requested Member State may refuse or limit per consignment implicitly supervised, especially when it involves a particular danger to the life or health of persons involved. The results may be admitted as evidence in criminal proceedings.

Last reviewed on 23 January 2024 by EJN Secretariat

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