Fiches Belges

Yes, it is possible. This type of measure falls under the definition of the cross-border observation and it is defined narrowly. Its definition matches the definition of a cross-border observation under the Art. 40 of the Convention implementing the Schengen Agreement of 1990 (CISA). Under this type of cooperation interception is not possible. Only a suspect or a suspected person may be the subject of such cross-border observation.

The EIO Directive or the Convention implementing the Schengen Agreement of 1990 (CISA) – EU Convention on mutual assistance and cooperation between customs administrations (Naples II) – Bilateral treaties on Police cooperation.

EIO: Circuit Prosecutor´s Office (Prokuratura Okręgowa) having territorial jurisdiction– for the pre-trial stage; District Court (Sąd Rejonowy) having territorial jurisdiction – for the trial stage; National Prosecutor’s Office Bureau of International Cooperation – is a central authority for the pre-trial stage. Poland did not establish a central authority for cases at the judicial stage of the proceedings. 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. Otherwise: Usually Police, or other LEA, depending on their domestic competence.

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. Otherwise: Polish, but English and French are also acceptable.

EIO: deadlines stipulated by the EIO Directive have been implemented. Otherwise: despite the fact that the officer conducting the surveillance does not personally crosses the border to another Member State the deadline of 5 hours shall be applicable because of the technical device being on the territory of another State.

EIO: this measure may be applied on the basis of the EIO under the condition that there is a prior agreement between the Polish Police/other LEA and the competent authority of the issuing Member State, which enables a Polish prosecutor to confirm such EIO issued by the Polish Police/other LEA, or to issue a decision on executing such EIO issued by the competent authority of another EU Member State. Otherwise: conditions determined in the Art. 40 CISA, or in bilateral treaties. When the cross-border observation has been conducted on the basis of the EIO, the results may be admitted as evidence in criminal proceedings. Option Otherwise the results of a cross-border observation cannot be directly used as evidence. They may be admitted as evidence before the court only upon the consent of the head of a certain law enforcement agency that gathered the materials (e.g. video or voice records, written notes). Also the officers conducting the observation (under certain conditions) may be called as witnesses before the court. Only a National Tax Administration may secure directly evidence during so-called “operational measures”, including the cross-border observation.