Fiches Belges
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Fiches Belges: Poland

Access to public documents in judicial files (404)



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

Parties, defense lawyers, attorneys and statutory representatives are provided with a judicial case files and are given the possibility to make copies. With the consent of the president of the court, these documents can also be made available to other persons. The entities mentioned above in the course of judicial proceedings are, at their request, provided with the records of the preliminary investigation including the extent to which has not been communicated to the court, also in order to consolidate them in the electronic form. Authorised persons, at their request and after paying a charge, can obtain copies of the case records. If there is a danger of revealing classified information considered "secret" or "top secret", viewing files, and making copies is held under conditions imposed by the president of the court or the court itself. Certified copies are not given out unless the law provides otherwise. If there is no need to secure the proper conduct of the proceedings or the protection of vital interest of the state, during the preparatory proceedings parties, defense lawyers, attorneys and statutory representatives are provided with the case files, are allowed to make copies and are issued certified copies. The parties also have this right after the preparatory proceedings. With the consent of the prosecutor files may, in exceptional cases, be shown to other persons during the preparatory proceedings. Parties and people who the judgement directly applies to should, at their request, be issued a free certified copy of any judgement together with the justification, if it has been prepared. In cases where disclosure is excluded due to the important interests of the state, the above-mentioned individuals, are presented with a copy of the judgment terminating the proceedings at this level without any justification. The party cannot be denied the permit to draw up a copy of the record of proceedings in which they participated or had the right to participate, as well as a document originating from them or made with their participation. The prosecutor may examine files of a court case at its any stage and demand to be sent them for that purpose, if it does not obstruct the course of the proceedings and does not restrict access to files to other participants, especially the defendant and his lawyer. In such a situation, the prosecutor is obliged to make files available to the party, defense lawyer or attorney.



International legal framework applicable for this measure in your Member State

a/ the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ( with the Additional Protocols ) b/ still valid bilateral agreements between Poland and undermentioned countries: -Austria of 27.02.1978 -Austria of 2.06.2003 Bulgaria of 4.12.1961 Cyprus of 14.11.1996 Czech Republic of 21.12.1987 Estonia of 27.11.1998 Finland of 27.05.1980 Greece of 24.10.1979 Germany of 17.07.2004 Hungary of 6.03.1959 Italy of 28.04.1989 Lithuania of 26.01.1993 Luxembourg of 22.01.1934 Latvia of 23.02.1994 Slovakia of 25.03.1997 Sweden of 10.02.1989 C/ the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union with the Protocol of 16.10.2001



* receive the request/decision for judicial cooperation

The Ministry of Justice in Warsaw, the General Prosecutor’s Office in Warsaw, the penal courts and the units of the prosecution service

* execute/recognise the measure (if other than the receiving authority)

the penal courts in the judicial proceedings or prosecutors in the pre-trial stage.



Accepted languages for the request/decision

The requests and attached documents shall be accompanied by their translation into Polish language or into an official language of the Council of Europe ( according to the Polish reservation to Article 16 paragraph 2 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ). The undermentioned bilateral agreements specify the language requirements that requests for mutual assistance have to meet: -Cyprus of 14.11.1996 –Polish or English languages, -Estonia of 27.11.1998- Polish, English or Russian languages, - Finland of 27.05.1980- Polish or English languages, - Germany of 17.07.2004 – Polish language, -Greece of 24.10.1979 –Polish or French languages, -Lithuania of 26.01.1993- Polish, English or Russian languages, -Latvia of 23.02.1994- Polish, English or Russian languages, -Sweden of 10.02.1989-Polish language.



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

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.



a. Special requirements


b. Other useful information


Last reviewed on 6 July 2016 by EJN Secretariat
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