Fiches Belges

EIO – Yes. According to the Polish law a witness or expert may be heard via videoconference device. There are also no obstacles for a Polish prosecutor or a court to carry out such a measure on the basis of an EIO issued by an authority of another Member State, if the suspect/accused has consented to be interrogated in this form. MLA – Yes in regard to witnesses and experts. No in regard to suspects and accused. Poland has made declarations to the Second Protocol to the MLA 1959 Convention and to the MLA 2000 Convention according to which requests for questioning of suspects and accused will not be accepted and carried out in this way.

Directive regarding the European Investigation Order in criminal matters in relation to EU Member States who have implemented the Directive. For the Member States who do not participate in the aforementioned Directive: Second Additional Protocol to the MLA 1959 Convention and the MLA 2000 Convention.

EIO: Circuit Prosecutor´s Office (Prokuratura Okręgowa) – for the pre-trial stage; District Court (Sąd Rejonowy) – 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. MLA: Ministry of Justice Department of International Cooperation and Human Rights is a central authority for the MLA 1959 Convention and the MLA 2000 Convention requests. However, direct transmission of requests to the competent authorities is recommended.

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

The person to be heard may claim the right not to testify which would accrue to him or her under the Polish law.