Fiches Belges

Yes. Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union has been implemented in Poland by adding two new chapters to the Code of Criminal Procedure of 6 June 1997: Chapter 66f (Articles 611t - 611tf) and Chapter 66g (Articles 611tg - 611ts). Mandatory grounds for refusal have been listed in the Article 611tk § 1 of the Code of Criminal Procedure. Optional grounds for refusal have been listed in the Article 611tk § 3 of the Code of Criminal Procedure. Pursuant to the Article 611tk § 4 of the Code of Criminal Procedure, the court may consent to the takeover for execution of the final ruling on deprivation of liberty, issued in relation to a sentenced person who is not a Polish citizen or does not have a temporary nor permanent place of stay in the Republic of Poland, provided that, due to the family situation or particular personal conditions of the sentenced person, the takeover would enable to achieve educational and preventive objectives of the penalty to a greater extent. Polish implementation of the Council Framework Decision 2008/909/JHA does not cover recognition and execution of rulings on protective measures associated with deprivation of liberty, such as detention in a mental health facility or detention in a facility for the treatment of addiction. Those cases need to be proceeded upon the Convention on the Transfer of Sentenced Persons (Strasbourg, 21.3.1983) via the competent central authority (the Ministry of Justice of the Republic of Poland).

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union.

The circuit court (Sąd Okręgowy) in whose jurisdiction the sentenced person has a permanent or temporary place of stay. If the person is in judicial detention in Poland territorial competence is based on the facility where the person is detained. If jurisdiction cannot be determined pursuant to the principles described above, the Circuit Court in Warsaw (Sąd Okręgowy w Warszawie) shall be competent. If the court to which the ruling has been sent does not have jurisdiction to institute further action, it shall forward the ruling to the competent court and notify thereof a competent court or another authority of the issuing State. Competent circuit courts in Poland can be located via the EJN Judicial Atlas.

In accordance with Article 23(1) of the Framework Decision, the Republic of Poland has declared that it will accept certificates in the Polish language. In accordance with Article 23(3) of the Framework Decision, the Republic of Poland has declared that it may, without delay after receiving the judgment and the certificate, request, in cases where it finds the content of the certificate insufficient to decide on the enforcement of the sentence, that the judgment or essential parts of it be accompanied by a translation into Polish.

The decision as to the execution of the ruling on deprivation of liberty shall be issued by the court within 40 days as of the date of receipt of the ruling along with the certificate. The decision of the court as to the execution of the ruling may be contested. The proceedings related to the execution of a ruling shall be finally concluded within 90 days as of the date of receipt of the ruling along with the certificate. In the case when the time frame of 90 days cannot be observed, the competent court or another authority of the issuing State shall be accordingly notified, and the reason for the delay shall be indicated to that court or authority along with the expected time limit for issuing the ruling.

In accordance with Article 7(4) of the Council Framework Decision 2008/909/JHA, the Republic of Poland has declared that it will not apply Article 7(1) of the Framework Decision concerning verification of the double criminality of the act (see Council document ST 15100/08 of 3 November 2008). The absence of dual criminality is one of the obligatory grounds for refusal of the execution of the ruling on deprivation of liberty. The above does not apply if the act does not constitute a criminal offence due to the lack of or a different regulation in the Polish law concerning relevant fees, taxes, customs duties or foreign exchange principles. b. Other useful information In accordance with Article 28(2) of the Framework Decision, the Republic of Poland has declared that, in cases where the final judgment was issued within three years following the date of entry into force of the Framework Decision (i.e. before 5 December 2011), the Republic of Poland will, as an issuing and an executing State, continue to apply the legal instruments on the transfer of sentenced persons applicable prior to entry into force of the Framework Decision. According to Article 6(5) of the Framework Decision, Paragraph 2(a) of the Article 6 shall not apply to Poland as an issuing State and as an executing State in cases where the judgement was issued before the lapse of five years from 5 December 2011.