Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

This measure has been implemented into Polish criminal law and is regulated in two chapters: Chapter 65c (Articles 607zd-607zg) and Chapter 65d (Articles 607zh-607zn) of the Code of Criminal Procedure.

Legal Framework

International legal framework applicable for this measure in your Member State

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

Competent Authority

* receive the request/decision for judicial cooperation

The competent authorities for receiving requests are the circuit prosecutor’s offices (Prokuratura Okręgowa), with territorial jurisdiction over the permanent place of residence of the person to whom the decision relates.

Accepted languages

Accepted languages for the request/decision


Execution deadline

Deadlines for the execution of the request/decision (where applicable)

A decision on execution of a decision on supervision measures shall be made within 30 days from the date of receiving of the said decision with a certificate.

Concise legal practical information

Special requirements

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.

Last reviewed on 6 December 2023 by EJN Secretariat


  • Other measures (G.1 – G.5)
  • G.2 Enforcement of a custodial sentence/transfer of prisoners (for transit please see F.1)

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