Fiches Belges

The general requirements for EAW follow the Council Framework Decision 2002/584/JHA of 13 June 2022 on the European Arrest Warrant and the surrender procedures between Member States. FD was implemented into Polish Code of Criminal Procedure by adding two new chapters: Chapter 65a (articles 607a-607j) and Chapter 65b (articles 607k- 607 zc).

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

* receive the request/decision for judicial cooperation Circuit Prosecutor’s Office (Prokuratura Okręgowa) in jurisdiction of which the sought/requested person was apprehended or has his/her permanent residence or was located. * execute/recognise the measure (if other than the receiving authority) Circuit Court (Sąd Okręgowy) in juristiction of which the EAW proceedings were carried out decides on provisional arrest and surrender.

The EAW should be translated into the Polish language. Searched persons can be detained for 7 days of entry in the SIS/Interpol databases awaiting transmission of an EAW. Within this period a prosecutor has to receive the EAW with a translation into Polish to be able to request a court to prolong the provisional arrest. In practice this would require the transmission of EAW and translation at least 48 hours before this deadline to schedule a court hearing. Poland accepts transmission of EAW translations via SIS.

a) Regular time If the requested person does not give the statement on his/her consent to surrender or to resign from speciality rule, the court gives its decision on the surrender within 40 days as from the date on which the person has been arrested. If the person gives such a statement, the court gives its decision within 3 days as from the date on which the person has expressed his/her statement. The court's proceedings shall be finally completed within 60 days as from the date on which the person has been arrested or within 10 days as from the date on which the person has expressed his/her statement. b) Possible prolongation In particularly justified cases, the time for completion of the court's proceedings can be prolonged up to maximum 30 days. The issuing state shall be informed about the necessity of time prolongation. c) Time required for obtaining the permission for prosecution If the need for getting the permission of competent authority for prosecution arises, time referred to in the items a) and b) begins from the date of receiving the permission. If the time already begun it should be suspended until the receiving of the permission. d) Surrender The wanted person is surrendered to the competent judicial authority in the state of issuance of the EAW within the period of 10 days from date on which the decision on surrender became valid and final, at the latest. If, on account of a force majeure or a threat to the life or health of a prosecuted person, it is impossible to surrender the person within the period referred to in item a), the surrender is effected within 10 days from the new surrender date.

1. Circuit Prosecutor’s Office (Prokuratura Okręgowa) in jurisdiction of which the sought/requested person was apprehended or has his/her permanent residence or was located interrogates a detainee within 48h after apprehension, then submits an application for a 7-day - provisional arrest. This is the time during which a competent Circuit Prosecutor’s Office (Prokuratura Okręgowa) has to get a translation of the EAW into Polish. If the translation will not be served the person has to be released from the custody. 2. The execution of the EAW issued against a Polish national/citizen is admissible. The EAW against a Polish national/citizen or a person who has a status of asylee for the enforcement of a custodial sentence or a preventive measure involving deprivation of liberty is admissible only with his/her consent. In case of the lack of his/her consent the Polish court automatically initiates the proceedings to take over the enforcement of the sentence or preventive measure. The Polish law does not foresee for the possibility to surrender a person for the accessory offences in the course of the EAW procedure.