Fiches Belges

Yes.

EIO Directive.(Annex A). For countries who have not implemented this EU Directive and for cases where only observation is asked the Convention implementing the Schengen Agreement of 1990 (CISA) – EU Convention on mutual assistance and cooperation between customs administrations (Naples II) – Bilateral treaties.

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 – 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. Otherwise: 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 or English.

EIO – deadlines stipulated by the EIO Directive have been implemented. Otherwise – If the officer conducting the surveillance does not personally cross the border to another Member State and the technical device is installed by the executing State the deadline of 5 hours shall not be applicable.

This type of cooperation falls under the definition of the cross-order observation. Since the transposition of the EIO Directive it may be conducted on the basis of the EIO Directive. Only a suspect or a suspected person may be the subject of a cross-border observation. 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. When the cross-border observation has been conducted on the basis of the EIO, the results may be admitted as evidence in criminal proceedings. 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 which 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. As long as recording does not include interception it is permissible under the cross-border observation. Obtaining and recording the image or sound of persons from premises, means of transport or places other than public places is not a part of a cross-border observation, it is qualified as an interception and therefore provisions on interception are to be applied. This means that under the Polish law a prosecutor and a court are involved in the procedure.. There is no one single authority responsible for receiving or executing this type of cooperation. Competence is attached to the territorial jurisdiction. In urgent matters there is possibility to contact a competent Police or a prosecutor being available in a 24/7 regime, or a central authority. During the cross-border observation ordered on the basis of the EIO it is not possible to carry out activities on the territory of Poland independently by authorities of another EU Member State. However, at the request of the issuing State, a representative of the authority issuing the EIO shall be allowed to be present in the performance of the activities to which the EIO relates, if this is not contrary to the principles of the legal order of the Republic of Poland and does not pose a threat to national security.