Fiches Belges

Yes. On the grounds of Article 219 § 1 of the CPC, in order to detect or detain, or to ensure the compulsory appearance of a suspected/accused person, as well as to find objects that might serve as evidence for the case or are liable to forfeiture in criminal proceedings, it is possible to search premises and other places, if there exist justified grounds to assume that suspected or accused persons or mentioned objects are located there. A search may cover premises, means of transportation, open places, a person, his/her clothes and personal objects.

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 MLA 2000 Convention with 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.

According to the Article 220 of the CPC, a search may be conducted by a prosecutor, or, under a decision issued by a court or a public prosecutor, by the Police, or another LEA. The person on whose premises the search is to be conducted shall be presented with a decision issued by a court or a prosecutor. In cases of utmost urgency, if the decision of a court or a prosecutor could not be issued, the person carrying out the search shall present an order of the manager of their unit or an official ID card, and then without delay requests – depending on the stage of the proceedings – the court or the prosecutor to approve the search. The decision of a court or a prosecutor as regards the approval shall be served on the person at the premises of whom the search was carried out, within 7 days as of the date of the procedural action, upon request of that person included in the record. Such a person shall be advised of the right of including such a request in the record. According to the Article 221 of the CPC, searches of occupied premises shall be conducted at night only in cases of utmost urgency; night shall be understood as the period from 10 p.m. to 6 a.m. A search commenced by day may be continued into the night. A night search may be conducted on premises that are at the time open to the public, or used for the storage of goods. According to the Article 222 of the CPC, if a search is to be made of closed premises or place belonging to a State or local government institution, the manager of such an institution or their deputy, or a relevant body of control shall be notified and permitted to be present at the search. A search of military premises shall be conducted only in the presence of the commander in chief or a person designated by them. According to the Article 223 of the CPC, searches of person and clothing are to be conducted, as far as possible, by a person of the same sex as the person searched. According to the Article 236 of the CPC, a decision concerning a search, a seizure of objects, and physical evidence, as well as other procedural actions, may be complained against by persons whose rights have been violated; a complaint against a decision issued or an action performed as part of an investigation shall be examined by the district court within whose territorial jurisdiction the investigation is conducted. Other useful information: Dual criminality is required.