Pursuant to Article 607zk of the Code of Criminal Procedure, the execution of the supervision measure shall be refused if:
1. the act in relation to which the supervision measure has been applied does not constitute a criminal offence pursuant to the Polish law
2. the person against whom criminal proceedings is conducted in the issuing State is not present on the territory of the Republic of Poland, unless there are grounds to believe that s/he shall return to that territory.
Execution may be refused if:
1. despite the request by the prosecutor to supplement the information within the prescribed period, the decision was not accompanied by the certificate, or it is incomplete or manifestly inconsistent with the content of the decision
2. decision relates to the same act by the same person in respect of whom the criminal proceedings have been finally concluded in a Member State of the European Union and that person is serving or has served a sentence or the sentence cannot be enforced under the law of the sentencing State
3. according to Polish law, the execution of the penalty became time-barred
4. decision concerns a criminal offence which, under Polish law, was committed in whole or in part on the territory of the Republic of Poland, as well as on a Polish ship or aircraft
5. person against whom criminal proceedings are or have been conducted, due to their age, may not be held criminally liable under Polish law for the act on which the decision has been based
6. person against whom criminal proceedings are conducted in the issuing State enjoys immunity from which it is impossible to supervise compliance with the obligations imposed
7. decision concerns only obligations other than the obligation to: appear before a specific body; refrain from leaving the place of stay or the country; inform a specific body of changing the place of stay or of obtaining a consent to such a change; stay or refrain from staying in certain environments or places, or from contacting certain persons, or approaching certain persons; refrain from performing official activities or profession; refrain from performing specific activity; refrain from driving certain types of vehicles
8. decision has been handed over despite the non-fulfilment of the conditions to do so
9. the offence to which the decision relates, in the case of the jurisdiction of Polish criminal courts, would be subject to amnesty
10. despite the failure of the person against whom the criminal proceedings are conducted in the issuing State to follow obligations determined in the decision, it is impossible to surrender that person to the issuing State on the basis of a European Arrest Warrant.
b. Other useful information
In accordance with Article 14(4), the Republic of Poland made a declaration that it will not apply Article 14(1) of the Framework Decision on waiver of double criminality verification.