Fiches Belges

Yes, it is applicable. According to the Article 172 of the CPC persons subject to questioning may be submitted to a confrontation in order to clarify contradictions. The confrontation is not allowed in the case specified in Article 184 of the CPC (anonymous witness).

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: the MLA 1959 Convention with its additional Protocols and the MLA 2000 Convention with the 2001 Protocol.

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 shall provide information on the new time limit.

Confrontation is conducted pursuant to the provisions of the Polish law. The application of the procedure of the requesting State is only possible if it does not conflict the Polish law. Assistance or participation of agents of the requesting State in the execution of the above measure is permissible after the authorisation from a competent Polish body has been obtained.