Fiches Belges

Yes, it is possible. Article 208 of the CPC stipulates that „A bodily inspection or examination which may offend the modesty of the person examined shall be conducted by a person of the same sex, unless this involves some special difficulties; a person of the opposite sex may be present during the examination only if necessary.”

The EIO Directive and for the Member States who do not apply it, MLA 1959 Convention with its Protocols and the MLA 2000 Convention with the Protocol.

Circuit Prosecutor´s Office (Prokuratura Okręgowa) having territorial jurisdiction (given by the place where the persons are located) – for the pre-trial stage District Court (Sąd Rejonowy) having territorial jurisdiction (given by the place where the persons 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.

According to the Article 208 of the CPC, a bodily inspection or examination which may offend the modesty of the person examined shall be conducted by a person of the same sex, unless this involves some special difficulties; a person of the opposite sex may be present during the examination only if necessary. According to the Article 192 § 1 of the CPC of the CPC, if criminal liability for an act depends on the health condition of the injured, the latter shall not refuse an examination of their body or a medical examination, provided that no surgical procedure or observation at a health care institution is involved. According to the Article 192a § 1 of the CPC, in order to limit a group of suspects in number or determine the evidentiary value of discovered traces, dactyloscopic data, buccal swabs, hair, saliva, handwriting samples, smell samples may be collected, or a photography of a person may be taken, or their voice recorded. After using in the case for the purposes of which material was collected or recorded, the collected or recorded material which is no longer needed in the proceedings, shall be immediately removed from the files and destroyed.