Fiches Belges

Yes. Grounds for summoning an expert arise when a special knowledge is required in order to establish the circumstances significant for the conclusion of the case. These are circumstances that exceed a regular knowledge of the authority conducting the proceedings. A level of knowledge of an educated person having a relevant life experience may make a reference measure in this respect. Not only a Court-Appointed Expert, but also any person known to have a relevant knowledge in a certain field, can be appointed to act as an expert. Regardless the possibility and the necessity of appointing experts in criminal proceedings, if carrying out an inspection, an experiment, an expert evaluation, a seizure of objects, or a search require technical operations, in particular measuring, counting, photographing or preserving traces, then professionals may be summoned to participate in them.

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

The consent of the examined person (accused/suspect) is required to use technical devices allowing the control of unconscious bodily reactions.