Fiches Belges

Yes. The Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties has been implemented in Poland by the Act of 24.10.2008 amending the Act of 6 June 1997 Code of Criminal Procedure. Entry into force of legislation: 18 December 2008. New Chapters added to the Code of Criminal Procedure. Chapter 66a Request to a Member State of the European Union for Execution of Ruling on Fine, Exemplary Damages, Financial Contribution, or Ruling Imposing Costs of Proceedings on Perpetrator (Article 611fa – 611fe). Chapter 66b Request of a Member State of the European Union for Execution of Ruling on Financial Penalties (Article 611ff - 611fm).

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

competent district court (Sąd Rejonowy) Article 611 ff § 1. „the ruling shall be subject to execution by the district court (Sąd Rejonowy) in whose region the perpetrator possesses assets or achieves income, or has a permanent or temporary place of stay”.

Polish.

Article 611ff § 3. The court shall immediately proceed to the execution of the ruling of the competent authority of the ruling issuing state.

"Financial penalty" shall mean the perpetrator's obligation to settle the following amounts defined in the ruling: 1) a sum of money as a penalty for the offence committed; 2) compensation in favour of the injured, if the latter was unable to pursue civil claims as part of the criminal proceedings; 3) an amount of money in favour of a public fund or an organisation supporting crime victims 4) costs of proceedings.