Database of Legislation

CHAPTER 62. JUDICIAL ASSISTANCE AND SERVICE OF DOCUMENTS IN CRIMINAL MATTERS.

Art. 585. Scope of assistance. Necessary procedures of criminal proceedings may be performed by way of judicial assistance, and in particular:

1) the service of documents on persons residing abroad or institutions having their registered office abroad,

2) the examination of persons in the capacity of the accused, witnesses or experts,

3) conducting inspections and searches of premises, other places or persons, seizure of objects and surrender of such objects abroad,

4) summoning persons staying abroad to a voluntary personal appearance before the court or public prosecutor to an examination as a witness or a confrontation, as well as bringing for that purpose persons deprived of liberty,

5) the granting of access to case files and documents and information from criminal records,

6) providing information on the binding law.

Art. 586. Service on a Polish citizen.

§ 1. A request to serve a letter to a Polish citizen residing abroad, or to examine such a person as the accused, witness or expert, is made by the court or the public prosecutor to a Polish diplomatic mission or consular office.

§ 2. If the procedure cannot be carried out in the manner specified in § 1, a request may be addressed to the court, public prosecutor’s office or other competent authority of a foreign State. In the case of search, seizure or delivery of object, an order issued by a court or public prosecutor to perform this procedure is attached to the request.

Art. 587. Reading of transcripts.

Transcripts from inspections, examinations of persons in the capacity of the accused, witnesses or experts made on the request of a Polish court or public prosecutor, or transcripts from other evidentiary procedures carried out by the courts or public prosecutors of foreign States or authorities acting under their supervision, may be read at the trial on the principles set forth in Article 389, 391 and 393, if the manner of conducting the procedure is not contrary to the legal order of the Republic of Poland.

Art. 588. Judicial assistance.

§ 1. Courts and public prosecutors provide judicial assistance on the request of courts and public prosecutors of foreign States.

§ 2. The court and public prosecutor refuse judicial assistance and communicate their refusal to the appropriate authorities of the foreign State, if the requested procedure is contrary to the legal order of the Republic of Poland or would infringe its sovereignty.

§ 3. The court and public prosecutor may refuse judicial assistance, if:

1) under Polish law a requested procedure falls outside the jurisdiction of the court or public prosecutor,

2) the State that submits a request for judicial assistance does not guarantee reciprocity in this respect,

3) the request concerns an act which does not constitute an offence under Polish law.

§ 4. Trial procedures carried out on the request of the court or public prosecutor of a foreign State is governed by Polish law. However, the request of the above authorities to apply a particular mode or form to the procedure should be honoured, if this is not contrary to the legal order of the Republic of Poland.

§ 5. The costs of judicial assistance are established pursuant to Articles 616-619.

Art. 589. Quasi letter of safe-conduct.

§ 1. A witness or expert summoned from abroad who is not a Polish citizen, and has voluntarily appeared before the court, may not be prosecuted, arrested or detained on remand on account of the offence for which the criminal proceedings are conducted or any other offence committed before crossing the Polish State border, nor can a penalty be imposed on him for such an offence.

§ 2. A witness or expert loses the protection provided for in § 1, if he does not leave the territory of the Republic of Poland within seven days of the date on which the court declared his presence unnecessary, despite being able to do so.

§ 3. A summoned witness or expert is entitled to the reimbursement of the costs of travel and accommodation and the return of lost earnings, while an expert - to the remuneration for the opinion made.

§ 4. A summons served on a witness or expert permanently residing abroad must contain an instruction of the contents of § 1-3. However, a warning about the measures of coercion to be applied in case of a failure to appear is not placed therein.

Art. 589a. Examination of a person deprived of liberty in another country.

§ 1. A person deprived of liberty within the territory of a foreign State, temporarily surrendered for the purpose of testifying as a witness or participating in another trial procedure before a Polish court or public prosecutor, the circuit court holding jurisdiction over the place, where the procedure is to be carried out orders that person is placed in a Polish penitentiary institution or in custody for the time of his stay in the territory of the Republic of Poland, yet no longer than the time of imprisonment determined in the surrendering State.

§ 2. The decision of the court is not subject to interlocutory appeal.

Art. 589b. Appointment of unit.

§ 1. In preparatory proceedings, judicial assistance between Polish authorities empowered to conduct these proceedings and competent authorities of a Member State of the European Union, or another State, if an international treaty to which the Republic of Poland is a party allows it, or on the basis of reciprocity, may also consist in carrying out investigative procedures within the scope of a joint investigative unit, hereinafter referred to as the “unit”.

§ 2. The unit is appointed, by way of agreement, by the Prosecutor General and competent authority of the State referred to in § 1, hereinafter referred to as the “co-operating State”, for the purposes of defined preparatory proceedings, for a finite period of time.

§ 3. The agreement on the appointment of the unit should determine:

1) the subject, purpose, place and period of the co-operation,

2) the composition of the unit with the indication of its head,

3) the tasks of the unit’s individual members.

§ 4. The agreement establishing the unit may provide that a representative of an international institution created to combat crimes may, under certain circumstances, be admitted to participate in its activities.

§ 5. The period of co-operation of the unit, indicted in the agreement on its appointment, may be extended for a specified period of time necessary to achieve the goal of this co-operation. This extension requires the consent of all parties to the agreement.

Art. 589c. Polish unit.

§ 1. The unit, within which co-operation is conducted in the territory of the Republic of Poland, hereinafter referred to as the “Polish unit”, may be established in particular when:

1) in the course of preparatory proceedings conducted in the territory of the Republic of Poland and concerning an offence of terrorism, illicit trafficking in human beings, in narcotic drugs, psychotropic substances or their precursors or another serious offence, it is revealed that the perpetrator acted or the effects of his act occurred in the territory of another State and there is a need to conduct investigative procedures in the territory of this State or with the participation of its authorities,

2) the subject or the object of preparatory proceedings conducted in the territory of the Republic of Poland is connected with preparatory proceedings for an offence mentioned in point 1, conducted in the territory of another State and the majority of investigative procedures in both proceedings should be carried out in the territory of the Republic of Poland.

§ 2. The operations of the unit are directed by a Polish public prosecutor.

§ 3. The Polish unit may be composed of other Polish public prosecutors, representatives of other authorities empowered to conduct an investigation and functionaries of other authorities of the co-operating State, hereinafter referred to as “delegated functionaries”.

§ 4. Procedures carried out in preparatory proceedings by a Polish unit is governed by the provisions of domestic law, subject to § 5-8 and Article 589e.

§ 5. Delegated functionaries may attend all trial procedures executed by a Polish unit, unless in a particular case, when justified by the protection of an important interest of the Republic of Poland or of the rights of an individual, the head of the unit decides otherwise.

§ 6. With the consent of the parties to the agreement establishing the Polish unit, the head of this unit may entrust the execution of a determined investigative procedure to a delegated functionary, excepting the issue of decisions provided for in this Code. In such a case, the Polish member participates in the procedure and makes a transcript thereof.

§ 7. In case of the necessity to conduct an investigative procedure in the territory of a co-operating State, a request for judicial assistance is submitted to a competent institution or authority by a functionary delegated by this State. Article 587 applies accordingly to transcripts made as a result of the execution of the above request.

§ 8. Within the limits set forth in the agreement on the appointment of the Polish unit, the representative of an international institution referred to in Article 589b § 4 has the rights defined in § 5.

Art. 589d. Delegation of a Polish member of the unit.

§ 1. A public prosecutor or representative of another authority empowered to conduct an investigation may be delegated to a unit operating in the territory of another co-operating State in cases defined by the laws of the State on whose territory the co-operation is taking place. Delegation is decided accordingly by the Prosecutor General or other competent authority.

§ 2. A unit member referred to in § 1, if he is a Polish public prosecutor, has the rights of a foreign public prosecutor defined in Article 588 § 1. Article 613 § 1 does not apply.

§ 3. Institutions and authorities of the Republic of Poland other than the public prosecutor referred to in § 2, grant all necessary assistance to a Polish member of the unit referred to in § 1, within the limits and by applying the provisions of Polish law.

Art. 589e. Use of information.

§ 1. Information obtained by a unit member in connection with participation in its operations, unavailable in any other mode for the State which delegated him, may be used by a competent authority of this State also for:

1) conducting criminal proceedings on its own behalf - with the consent of the co-operating State, whose institution or authority provided the information,

2) preventing a direct, serious threat for the public safety,

3) other purposes than those specified in § 1 and 2, if the agreement on the appointment of the unit so provides.

§ 2. The consent referred to in § 1 point 1 may be withdrawn exclusively if the use of the information might be detrimental to the interests of preparatory proceedings conducted in the co-operating State, whose institution or authority has provided the information and also if this State might refuse mutual assistance.

Art. 589f. Responsibility for damage.

§ 1. The responsibility for the damage caused by a unit member in connection with the operations of the unit is borne by the State, by which the unit member was delegated, on the principles defined in the laws of that State, on whose territory the unit co-operated.

§ 2. If the damage caused to another person is the consequence of an act or omission of a unit member delegated by another co-operating State, an amount of money equivalent to the compensation is paid temporarily to the aggrieved party by a competent authority of the State on whose territory the unit co-operated.

§ 3. In the case referred to in § 2, the amount paid is reimbursed to the authority, by which it was paid, on its request.