Fiches Belges

Yes, it is. Banking institutions who have in their possession items which could be of importance for the investigations are obliged to surrender to the investigative authorities. This also includes the submission of written documents.

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 MLA 2000 Convention with its Protocol.

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 – a central authority for the pre-trial stage. Poland does not establish a central authority for cases at the judicial stage of the proceeding. 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. Ministry of Justice Department of International Cooperation and Human Rights is a central authority for the MLA 1959 Convention and MLA 2000 Convention requests. However, direct transmission of requests to the competent authorities are 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 possible.

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.

In accordance with Article 105 paragraph 1 point 2 c of the Banking Act, a bank shall be required to disclose information that is subject to the obligation of banking secrecy at the request of a court or a prosecutor’s office in connection with the performance of a request for legal assistance from a foreign state which, on the basis of a ratified international agreement binding on the Republic of Poland, has the right to request information that is subject to the obligation of banking secrecy. This possibility is given by some sector conventions (e.g. Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, of 2005, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 and the United Nations Convention against Corruption of 2003) and the Protocol of 2001 to the MLA 2000 Convention. The basis for obtaining these data is the prosecutor’s decision. In other cases, obtaining information subject to bank secrecy is possible on general principles laid down in Article 105 paragraph 1 point 2b and Article 106b paragraph 1 of the Banking Act. In accordance with Article 105 paragraph 1 point 2b of the Banking Act, a bank shall be required to disclose information that is subject to the obligation of banking secrecy at the request of a court or a prosecutor’s office in connection with legal proceedings under way in cases involving criminal or fiscal offences: - against a natural person where such a person is a party to an agreement with the bank, in the scope of information related to that natural person; - committed in connection with the activity of a legal person or organisational unit without legal personality, in the scope of information related to that legal person or organisation. In accordance with Article 106b paragraph 1 of the Banking Act, apart from cases specified in Art. 105, the prosecutor who conducts criminal or fiscal offence proceedings may request a bank, the bank staff or other persons involved in the performance of banking operations to disclose information that is subject to the obligation of banking secrecy solely under a decision issued at his/her request by the competent court. It is also possible to establish accounts of legal entities in the collective information about bank accounts.