Fiches Belges

Yes. Items that may constitute an evidence in criminal proceedings must be handed over to the court, prosecutor or Police upon request. This procedure applies both in preparatory proceedings and at the trial. If the evidence is not voluntarily released, the court (at the hearing) or the prosecutor (in pre-trial proceedings) may order its seizure by the Police. In urgent situations during the investigation, the Police/another LEA can search and seize items. Such an action requires the approval of the prosecutor.

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) having territorial jurisdiction (given by the place where the items are located) – for the pre-trial stage District Court (Sąd Rejonowy) having territorial jurisdiction (given by the place where the items are located) – 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.

If an EIO has been issued for the purpose of securing traces and evidence of a criminal offence against loss, distortion or destruction, the competent court or a prosecutor shall decide on the execution of the EIO within 24 hours from its receipt, and where this is impossible - immediately after the expiry of this deadline. The issuing/requesting authority should be aware of the obligation stipulated under the Article 230 of the CPC. This provision stipulates that once the seized item is no longer necessary for criminal proceedings, it must be returned to the rightful person. In the event of a dispute regarding the ownership of seized item, interested parties are referred to civil proceedings.