Fiches Belges

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions has been implemented in Poland by adding two new chapters to the Code of Criminal Procedure of 6 June 1997: Chapter 66h (Articles 611u - 611uc) and Chapter 66i (Articles 611ud - 611uj). Mandatory grounds for refusal have been listed in the Article 611ug § 1 of the Code of Criminal Procedure: 1. act in relation to which the ruling has been issued, does not constitute a criminal offence pursuant to the Polish law, 2. perpetrator does not stay in the Republic of Poland, unless there are grounds to assume that the perpetrator shall return to it. Optional grounds for refusal have been listed in the Article 611ug § 3 of the Code of Criminal Procedure. The measures available under the Polish law implementing the FD have been listed in the Article 611ud § 1 of the Code of Criminal Procedure. Ruling of the competent authority of the EU Member State shall be subject to execution in the Republic of Poland, provided that, in a designated period of probation, the ruling imposes on the perpetrator the obligation of: 1) appear before a specific body, 2) informing a specific body of changing the place of stay or work, or obtaining a consent to such a change, 3) staying or refraining from stay in specific environments or places, including also when the ruling prohibits to enter specific places or attend mass events, 4) refraining from contacts with specific persons or approaching specific persons, 5) refraining from possessing specific objects, 6) providing maintenance for another person, 7) redressing the loss, 8) education, 9) carrying out free of charge controlled community work, community service or gainful work, 10) subjecting themselves to certain prohibitions or restrictions in practicing the profession, conducting professional and business activity, 11) subjecting themselves to treatment or therapy, 12) subjecting themselves to supervision of a probation officer, social worker or public institutions whose tasks include care of education, prevention of demoralisation, and support of the sentenced persons.

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions.

District court (Sąd Rejonowy) in whose district the perpetrator has a legal permanent place of stay. Where the Republic of Poland is the executing State in the cases referred to in Article 5(2) of the Framework Decision, the Śródmieście District Court in Warsaw (Sąd Rejonowy dla Warszawy-Śródmieścia w Warszawie) shall be competent. 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 Śródmieście District Court in Warsaw (Sąd Rejonowy dla Warszawy-Śródmieścia w Warszawie) shall be competent. If the court to which the request 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.

In accordance with Article 21 of the Framework Decision, the Republic of Poland has declared that it will accept translations into Polish of the certificate referred to in Article 6(1) of the Framework Decision.

The decision as to the execution of the ruling shall be issued by the court within 30 days as of the date of receiving 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 60 days as of the date of receipt of the ruling along with the certificate. In the case when the time frame of 60 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.

a. Special requirements In accordance with Article 5(3) of the Framework Decision, the Republic of Poland has declared that its competent authorities (district court) may grant consent to the forwarding of a judgment and, where applicable, a probation decision under Article 5(2), provided that the court deems this would better serve to achieve the educational and preventive objectives of the measure or sanction. In accordance with Article 10(4) of the Framework Decision, the Republic of Poland has declared that it will not apply Article 10(1) of the Framework Decision concerning verification of the double criminality of the act. See Council document 7600/12 of 13 March 2012 b. Other useful information In accordance with Article 14(3) of the Framework Decision, the Republic of Poland has declared that as an executing State it will refuse to assume the responsibility provided for in Article 14(1)(b) and (c): (a) in cases relating to an alternative sanction, where the judgment does not contain a custodial sentence or measure involving deprivation of liberty to be enforced in case of non-compliance with the obligations or instructions concerned; (b) in cases relating to a conditional sentence. See Council document 7600/12 of 13 March 2012