Key Benefits:
ACT
of 6 June 1997
Code of Criminal Procedure
SECTION I
Introductory provisions
Article 1. [ Judicial criminal proceedings] Criminal proceedings in cases belonging to the jurisdiction of the courts shall be pending in accordance with the provisions of this Code.
Article 2. [ Objectives of criminal proceedings] § 1. The provisions of this Code are designed to make such a criminal procedure in order to:
1) the perpetrator of the crime has been detected and held criminally responsible, and the innocent person has not suffered this responsibility;
2) by the pertinent application of the measures provided for in criminal law and the disclosure of the circumstances conducive to the commission of the offence, the tasks of criminal proceedings have been achieved not only in the fight against crime, but also in preventing them, and In strengthening respect for the law and the principles of social coexistence;
(3) the legitimate interests of the victim have been taken into account while respecting the dignity of the victim;
4) the resolution of the case took place within a reasonable period of time.
§ 2. The basis of any decisions should constitute true factual findings.
Article 3. [ Contribution of the social factor to the proceedings] Within the limits set out in the Act, criminal proceedings shall be carried out with the participation of a social factor.
Article 4. [ The impartiality of the bodies conducting the proceedings] The bodies conducting the criminal proceedings shall be obliged to examine and take account of the circumstances in both the benefit and the disadvantage of the accused.
Article 5. [ Presumption of innocence of the accused] § 1. The defendant shall be deemed not guilty until his guilt is proven and found to be a final judgment.
§ 2. The undisputed question shall be settled in favour of the accused.
Article 6. [ Right to defend] The defendant shall have the right to a defence, including the right to use the assistance of a defence counsel, of which he shall be instructed to do so.
Article 7. [ The free assessment of evidence] The bodies of the proceedings shall shape their conviction on the basis of all the evidence that has been carried out, freely assessed taking into account the principles of sound reasoning and indications of knowledge and life experience.
Article 8. [ Independence of the court] § 1. The criminal court shall decide on its own factual and legal matters and shall not be bound by the decision of any other court or body.
§ 2. Legal decisions of the court forming the law or the legal relationship are binding, however.
Article 9. [ Principle of Official] § 1. The procedural authorities shall conduct the proceedings and carry out the duties of the office, unless the law makes them dependent on the request of a person, institution or body, or from the authorisation of the authority.
§ 2. The parties and other persons directly concerned may also apply for an action which the authority may or may be required to take ex officio.
Article 10. [ Principle of legalism] § 1. The body set up for the prosecution of criminal offences is obliged to initiate and carry out the preparatory proceedings, and the public prosecutor also to bring and support the prosecution-of the act prosecuted ex officio.
§ 2. Except in the case of accidents defined in the Act or in international law, no one shall be exempted from liability for the offence.
Article 11. [ Closure of proceedings on the basis of the dismisconduct of the ruling] § 1. The procedure for the imprisonment at risk of imprisonment by the age of 5 may be waived if the judgment against the accused is of course less than the type and amount of the sentence imposed on the basis of the amount of the sentence imposed by the case law as a different offence, the interest of the victim is not objectised.
§ 2. If the penalty for the other offence has not been legitimised, the proceedings may be suspended. The suspended proceedings shall be remitted or taken up before the expiry of a period of three months from the authority of the decision on the other offence referred to in paragraph 1.
§ 3. The proceedings waived on the basis of paragraph 1 may be reopened in the event of a revocation or of a substantial change in the content of the final judgment by reason of which it has been remitted.
Article 12. [ Prosecution on request] § 1. In cases of criminal offence, the proceedings shall be pending at the request of the proceedings at the request of the Authority. The law enforcement authority shall instruct the person entitled to submit an application for the entitlement to be entitled.
§ 2. In the event of an application for the prosecution of certain only perpetrators, the obligation to prosecute shall also include other persons whose acts remain in close relation with the act of the person indicated in the application, of which the applicant shall be warned. This provision shall not apply to the nearest person making the request.
§ 3. The application may be revoked in the preparatory proceedings with the consent of the prosecutor, and in the court proceedings with the consent of the court-to commence the court wire at the first main trial. The resubmission of the application is unacceptable.
Article 13. [ Permit to prosecute] Obtaining a power clearance from which the law makes the prosecution belong to the prosecutor.
Article 14. [ Principle of skargousness] § 1. The initiation of legal proceedings shall be subject to the request of an eligible prosecutor or other authorised entity.
§ 2. The public prosecutor may withdraw the indictment until the beginning of the court wire at the first main hearing. In the course of the court proceedings before the court of first instance, the withdrawal of the indictment shall be admissible only with the consent of the accused. The reintroduction of an indictment against the same person for the same act is inadmissible.
Article 15. [ Bodies conducting criminal proceedings] § 1. The police and other bodies in criminal proceedings shall execute the orders of the court, the court referendary and the prosecutor, and shall conduct under the supervision of the prosecutor an investigation or investigation within the limits specified in the law.
§ 2. All state and local authorities shall be required to assist authorities in criminal proceedings within the time limit set by those authorities.
§ 3. Legal persons or organisational units without legal personality other than those referred to in § 2, as well as natural persons shall be obliged to assist in the summons of the bodies conducting the criminal proceedings within the scope and within the time limit set by them, where, without this assistance, a procedural step is not possible or significantly impeded.
Article 16. [ Informing participants of the proceedings about their rights and obligations] § 1. If the body conducting the proceedings is obliged to instruct the participants to proceed with the obligations and the powers conferred on them, the absence of such an instruction or misconduct shall not have the effect of causing a negative process for the participant. proceedings or other person to whom it applies.
§ 2. The body conducting the proceedings should also, where necessary, provide information to the participants in the proceedings concerning the obligations and the powers they enjoy, including in cases where the law expressly does not constitute such an obligation. In the absence of such an instruction, where, in the light of the circumstances of the case, it has been irrelevant, or misguided by the circumstances of the case, Paragraph 1 shall apply mutatis mutandis.
Article 17. [ Procedural conditions] § 1. The proceedings shall not be initiated and the following shall be opened when:
(1) the act has not been committed or there is no sufficient data to justify the suspicion of committing it;
2) the act does not contain any statutory acts or the law states that the perpetrator is not committing a criminal offence;
3) the social harm of deed is negligible;
4) the Act states that the perpetrator shall not be punished;
5) the accused died;
(6) there has been an overdose of penal;
7) criminal proceedings concerning the same act of the same person have been legitimised or have been initiated before or before;
8) the perpetrator is not subject to the case-law of the Polish criminal courts;
9) the absence of a complaint of the authorized prosecutor;
10) the absence of a required permit to prosecute or an application for prosecution originating from a person entitled, unless the Act provides otherwise;
11) there is another circumstance excluding prosecuting.
§ 2. Until the moment of receipt of the application or the authorisation of the authority from which the law is subject to prosecution, the procedural authorities shall carry out only acts of urgency to secure the traces and the evidence, as well as the steps to clarify whether or not the application will be submitted or the authorisation will be issued.
§ 3. Failure to assign the fault of the perpetrator of the act does not exclude the procedure for the application of the protective measures.
Article 18. [ Offense or Disciplinary Rewinding] § 1. If the act constitutes only a misdemeanor, the prosecutor refusing to initiate the proceedings or by moralizing them shall refer the case to the Police in order to request the punishment of the competent court; the prosecutor may himself request such a request.
§ 2. If the court or the prosecutor is in charge of disciplinary or professional misconduct or of the rules of social coexistence, the court or prosecutor may refuse to initiate proceedings or die, in particular because of the disappearance of the damage caused by the court or the public prosecutor. social act, transfer the case to another competent authority.
Article 19. [ Notice of stated misconduct] § 1. If, in criminal proceedings, a serious misconduct is found in the operation of a state, self-government or social institution, in particular where it favors the commission of a criminal offence, the court and, in the preparatory proceedings, the prosecutor, shall inform the court of the the body set up for supervision of the undertaking concerned, and, where appropriate, the control authority, if necessary. The police shall inform the prosecutor of the misconduct revealed by him.
In the event of a breach, the court or the prosecutor may request the explanations and the measures taken to prevent such misconduct in the future, within the prescribed period.
§ 3. In the event of failure to provide explanations within the prescribed period, the manager of the obligated body may be imposed a cash penalty of up to 10 000 PLN.
§ 4. The order for the imposition of a penalty shall be entitled to a complaint. A complaint to the prosecutor's order shall be recognized by the district court in which the district proceedings are pending.
Article 20. [ Notification of a breach of duty by a defender or a proxy] § 1. In the event of a gross violation by the defender or the representative of the party of their procedural duties, and in the preparatory proceedings, the procurator shall inform the competent judicial board or the district council of the Chamber of Legal Counselors, requesting the dean the competent council shall, within a period of not less than 30 days, request information on the action taken pursuant to the notification. A copy of the notification shall be sent to the Minister of Justice.
§ 1a. In the event of non-adoption within the prescribed period of information referred to in § 1, one may impose a pecuniary penalty of up to 10 000 zlotys per dean of the competent council.
§ 1b. The order for punish shall be entitled to a complaint. The order of punishment issued by the procurator in the preparatory proceedings shall be entitled to the district court in which the district proceedings are pending.
§ 2. In the event of a serious breach of procedural obligations by a public prosecutor or an investigator, the court shall inform the immediate superior of the person who has failed to do so, requesting that the person concerned be required to do so in the designated case, less than 14 days, the time limit for information on the action taken from the notification; in relation to the Police and other bodies of the preparatory proceedings, such entitlement shall also be entitled to the Prosecutor.
§ 2a. A copy of the notice referred to in paragraph 2 shall be sent by the General Court to the General Prosecutor's Office if the public prosecutor has been committed and, in the event of failure of the public prosecutor, who is not the prosecutor, to the competent authority of the superior of the the direct superior of the prosecutor.
Article 21. [ Notification of the superiors of the termination of the procedure] § 1. The completion of the public proceedings against persons employed in public, local and social institutions, pupils and school listeners and soldiers should be notified without delay to their superiors.
§ 2. The procurator also gives notice of the opening of proceedings against public officers, and the opening of proceedings against other persons referred to in § 1-if an important public interest is required.
Article 22. [ Suspension of proceedings] § 1. If there is a lasting obstacle to the conduct of the proceedings and, in particular, if the accused cannot be recognised or cannot participate in the proceedings because of a mental illness or other severe illness, the proceedings shall be suspended for the duration of the obstacle.
(2) The decision on the suspension of proceedings shall be entitled to a complaint.
§ 3. However, at the time of the suspension of the proceedings, appropriate steps shall be made to safeguard the evidence against loss or distortion of the evidence.
Article 23. [ Notification of a family court of a criminal offence involving a minor] In the case of a crime committed for the harm of a minor, in cooperation with a minor or in circumstances that may indicate the demoralization of a minor or the aggravated influence of a minor, the court, and the prosecutor's preparatory proceedings, notify the family court in order to consider the measures provided for in the provisions on the proceedings in the cases of minors and the family and care code.
Art. 23a. [ Mediation proceedings] § 1. The court or referendary of the court or, in the preparatory proceedings, the prosecutor or any other body conducting the proceedings may, on the initiative or with the consent of the accused and the victim, refer the matter to the institution or person to that authority in order to the conduct of a mediation procedure between the victims and the accused, informing them of the objectives and principles of the mediation procedure, including the content of the art. 178a.
§ 2. The mediation procedure should not last more than a month, and its period does not include the duration of the preparatory proceedings.
§ 3. The mediation proceedings may not lead the person to whom the circumstances referred to in the Article are present. 40 and Art. 41 § 1, an active judge, prosecutor, asessor of the prosecutor, as well as an application of the professions, a juror, a court referendary, assistant to the judge, assistant prosecutor, and officer of the institution entitled to prosecute crimes. Article Recipe 42 shall apply mutatis mutandis.
§ 4. The participation of the accused and the victim in mediation proceedings is voluntary. Consent to participate in mediation proceedings shall be taken by the body directing the matter to the mediation or mediator, after explaining to the accused and the victims of the objectives and principles of the mediation procedure and instructing them to withdraw this consent until the the termination of the mediation procedure.
§ 5. The media shall be made available to the mediator to the extent necessary to carry out the mediation proceedings.
§ 6. The institution or person empowered to do so shall, following a mediation procedure, draw up a report on the results of that institution. The report shall be accompanied by a settlement signed by the accused, the victim and the mediator, if it has been concluded.
§ 7. The mediation proceedings shall be conducted impartially and confidentially.
§ 8. The Minister of Justice shall determine by way of regulation a detailed procedure for conducting the mediation procedure, the conditions to which the institutions and persons empowered to carry it out, the way in which they are to be invoked and the revocation, the scope and the procedure the conditions for making the case file available to them and the form and scope of the report on the outcome of the mediation procedure, having regard to the need for an effective implementation of that
Article 23b. (repealed)
SECTION II
Court
Chapter 1
Jurisdiction and composition of the court
Article 24. [ Property of regional court of law] § 1. The district court shall adjudicate in the first instance in all cases, except for cases passed by the law to the jurisdiction of another court.
§ 2. The district court shall also recognize the remedies in the cases referred to in the Act.
Article 25. [ Property of the district court] § 1. The district court shall adjudicate in the first instance in cases of the following offences:
1. the crimes referred to in the Code of Criminal Code and the specific laws;
2. the performances referred to in Chapters XVI and XVII and in Articles 140-142, art. § 148 § 4, art. 149, art. 150 § 1, art. 151-154, art. 156 § 3, art. 158 § 3, art. 163 § 3 and 4, art. 165 § 1, 3 and 4, art. 166 § 1, art. 173 § 3 and 4, art. 185 § 2, art. 189a § 2, art. 210 § 2, art. 211a, art. 252 § 3, art. 258 § 1-3, art. 265 § 1 and 2, art. 269, art. 278 § 1 and 2 w zw. Art. 294, art. 284 § 1 and 2 w BU Art. 294, art. 286 § 1 in Art. 294, art. 287 § 1 in BU Art. 294, art. 296 § 3 and art. 299 of the Criminal Code;
3) for performances which, by virtue of the special provision, belong to the jurisdiction of the district court.
§ 2. The appellate court, at the request of the district court, may refer the case to the district court, as the court of first instance, the case for each offence, due to the particular importance or the intricacess of the case.
§ 3. The district court also recognizes the appeals against decisions and orders issued in the first instance in the district court and other cases transferred to it by the law.
Article 26. [ Property of the Court of Appeal in factual property] The appeals court recognizes appeals against decisions and orders issued in the first instance in the district court and other cases provided to him by the law.
Article 27. [ Property of Supreme Court of First Instance] The Supreme Court recognizes the cassation and remedies and other cases in the cases referred to in the Act.
Article 28. [ The composition of the court at the main hearing] § 1. At the court hearing, the court will rule in the composition of one judge, if the Act does not provide otherwise. The Judge shall have the rights and duties of the President
§ 2. In matters of crime, the court adjusts one judge and two jurors.
§ 3. Due to the particular intricacies of the case or its importance, the court of first instance may decide to recognise it in the composition of three judges or one judge and two jurors.
§ 4. In cases of criminal offence for which the Act provides for a life sentence of imprisonment, the court shall rule in the composition of two judges and three jurors.
Article 29. [ The composition of the court at the appeals and cassation hearing] § 1. At the appeal and cassation hearing, the court shall rule in the composition of three judges, if the law does not provide otherwise.
§ 2. The appeal or cassation from the sentence of the sentence adjudicating a life imprisonment shall be recognized by a court in the composition of five judges.
Article 30. [ Composition of the court at the meeting] § 1. At the sitting of the court, the court adjudicates, in a single case, unless the law provides otherwise either because of the particular intricacess of the case or its importance, the President of the court of the Tribunal shall be heard by three Judges.
Article 2 (2) (c) of the Court of Justice of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Union (2), in the composition of three Judges, unless the Act provides otherwise.
Article 31. [ Property of local court] § 1. The local jurisdiction to identify the case is the court in which the district was committed.
§ 2. If the offence was committed on a Polish water or air ship, and § 1 cannot apply, the court of the home port of the ship is competent.
§ 3. Where a criminal offence is committed in a circle of several courts, the court shall have jurisdiction in which the district proceedings were first initiated.
Article 32. [ Auxiliary ways to determine the jurisdiction of the local court] § 1. If the place of crime cannot be established, the court shall have jurisdiction in which the district:
1) the crime was revealed,
2. the accused,
3) accused before committing the crime of continuously resided or temporarily staying
-depending on where the preparatory proceedings were initiated first.
§ 2. The provision of § 1 shall apply mutatis mutandis where the offence is committed abroad.
§ 3. If the jurisdiction of the local court cannot be determined according to the preceding provisions, the case shall be recognized by the court competent for the district of Śródmieście in the capital city of Warsaw.
Article 33. [ Property of the subject-matter of cases] § 1. If the same person has been charged with several offences and the cases fall within the jurisdiction of the various courts of the same order, the court shall have jurisdiction in which the preparatory proceedings were first initiated.
§ 2. If the cases belong to the jurisdiction of the courts of various orders, the case shall be recognized by a higher court.
Article 34. [ Property from the communications of the present case] § 1. The court competent for the perpetrators of crime shall also be competent for aides, inciters and other persons whose criminal offence is in close connection with the offender's criminal offence, if the proceedings against him are pending at the same time.
§ 2. Cases of persons referred to in § 1 should be joined in the joint proceedings; the provision of art. 33 shall apply mutatis mutandis.
§ 3. Where circumstances hinder the joint recognition of the cases referred to in paragraphs 1 and 2, the case may be excluded and shall be separately identified by the persons concerned or by specific acts; the case shall be excluded from the recognition by the competent court of the rules of the law of the general.
Article 35. [ Property Study] § 1. The court shall examine the jurisdiction of the court or tribunal of its jurisdiction and, in the event of its incompetence, refer the matter to the competent court or authority.
(2) If the court in the main proceedings finds that it is not the competent local authority or that a lower court is competent, it may refer the case to another court only if it is necessary to postpone the hearing.
§ 3. The decision on the property shall be entitled to a complaint.
Article 36. [ Property from the transfer of the case] The competent court may refer the matter to another equivalent court if the majority of the persons who have to be called upon to trial shall reside close to that court and, far from the competent court, the court of justice may decide.
Article 37. [ The transfer of the case to jurisdiction by the Supreme Court] The Supreme Court may, at the initiative of the competent court, refer the case to the recognition of another equivalent court, if the good of the judiciary so requires.
Article 38. [ Property dispute] § 1. The dispute over jurisdiction between the courts of the peers is finally settled by a court of higher order on the court, which first opened the dispute.
§ 2. In the course of the dispute, each of these courts shall take urgent action.
Article 39. [ Forwarding of the case by a military court] If a military court passes the case to the general court or fails to accept the case given to it by a general court, the case shall be recognized by the general court.
Chapter 2
Disablement
Article 40. [ Exclusion of a judge by law] § 1. The judge shall be exempt from participation in the case under the law, if:
1) the matter is directly concerned with that judge;
2) is the spouse of the party or the victim or their defender, representative or statutory representative, or remains in common loan with one of these persons;
3) is a relative or a duty in a straight line, and on the sidelines up to the degree between the children of the siblings of the persons mentioned in point 2 or is associated with one of those persons node of adoption, care or curatry;
4) witnessed the act of which the case was brought, or in the same case was questioned as a witness or acted as a proficient;
5) participated in the case as a prosecutor, defender, attorney, statutory representative of the party, or conducted a preparatory proceeding;
6) take part in the adoption of the contested decision or issue the contested order;
7) participated in the adoption of the decision, which was repealed;
8) (repealed)
9) participated in the issue of the decision on which the opposition was lodged;
10) was mediated.
§ 2. The reasons for the exemption continue despite the cessation of the justifications for marriage, joint life, adoption, care or guardianment.
§ 3. A judge who has taken part in the decision of the application for the renewal or the contested decision in cassation mode shall not rule on that application or the cassation.
Article 41. [ Exclusion of the Judge upon request] § 1. The Judge shall be excluded if there is a circumstance of such a nature that it could give rise to a reasonable doubt as to his impartiality in the case in question.
§ 2. The application for the exclusion of the judge, notified under § 1 after the beginning of the court wire, shall be left without diagnosis, unless the reason for the exclusion arose or became the party of the message only after the commencation of the cable.
Article 41a. [ Leave of application without diagnosis] An application to exclude a judge based on the same factual basis as the application previously recognised is left unrecognizable; the provision of art. 42 § 3 does not apply.
Article 42. [ The procedure for the procedure to exclude a judge] § 1. The exemption shall take place at the request of the judge, either ex officie or at the request
§ 2. If the judge recognizes that there is a reason excluding him from the power of art. 40, it shall be excluded, by making a statement in writing to the file, and any other judge shall enter into the file.
§ 3. Judge on which an application for exemption under Article 41, may submit an appropriate written declaration to the file. The application shall be recognised without delay. Upon the exclusion of a Judge, the procedural steps taken with his or her participation after the application of the application shall be ineffective.
§ 4. In addition to the accident referred to in paragraph 2, the judgment of the court before which the proceedings are held shall be ruled out; the Judge concerned shall not take part in the formation of the decision on the exemption. In the event of the impossibility of creating such a court order, the question of the exclusion of the judgment of the higher court.
Article 43. [ Transferring the case to another court] If, on account of the exclusion of the Judges, it is not possible to identify the case in the court in question, a higher court shall refer the case to another equivalent court.
Article 44. [ Exclusion of court referendary and juror] The provisions of this Chapter shall apply mutatis mutandis to judicial referendums and jurors. The referendary dismisses the court in the court of one judge.
SECTION III
Parties, Defenders, Plenipotentiaries, Social Representative
Chapter 3
Public prosecutor
Article 45. [ Prosecutor] § 1. The public prosecutor before all the courts is the prosecutor.
§ 1a. In the cases specified in the Act the procedural steps shall be carried out by the prosecutor directly supervisor or by the prosecutor of the parent.
§ 1b. (repealed)
§ 1c. (repealed)
§ 2. Another state body may be a public prosecutor by virtue of specific provisions of the Act determining the scope of its action.
Article 46. [ The participation of the public prosecutor in the hearing] § 1. In cases of criminal offenses prosecuted with the public prosecution the participation of the public prosecutor in the trial is mandatory if the Act does not provide otherwise.
§ 2. If the preparatory proceedings have ended in the form of an investigation, the failure of the public prosecutor to the trial shall not be taming its course of operation. The chairman or the court may consider the presence of a public prosecutor mandatory.
Article 47. [ Exclusion of public prosecutor] § 1. The provisions of Article 4 40 § 1 paragraphs 1 to 4, 6 and 10, § 2 and Art. 41, art. 41a and art. 42 shall apply mutatis mutandis to the prosecutor, other persons conducting the preparatory proceedings and other public prosecutors.
§ 2. The persons referred to in § 1 shall also be excluded if they have participated in the case as a defender, representative, social representative or statutory representative of the party.
Article 48. [ The procedure for the exclusion of the public prosecutor] § 1. The public prosecutor who supervising the proceedings or the prosecutor who supervising or supervising the proceedings shall be excluded by the exclusion of the operator or the public prosecutor shall be held.
§ 2. The actions taken by the person subject to the exemption before it has taken place are not, for that reason, ineffective; however, the act of proof must, if possible, be repeated if requested by the party.
Chapter 4
Urticaria
Article 49. [ The concept of urticarial] § 1. The victim is a natural or legal person whose legal right has been directly infringed or threatened by a criminal offence.
§ 2. There may also be a non-legal personality:
1) state institution or self-government;
2) a different organisational unit, the separate provisions of which confer legal capacity.
§ 3. An insurance undertaking shall be considered to be a victim in so far as he or she has covered the damage caused by the offence or is obliged to cover it.
§ 3a. In cases of criminal offences against the rights of persons performing the gainful employment referred to in art. 218-221 and in art. 225 § 2 of the Penal Code, the bodies of the State Labour Inspectorate may exercise the rights of the victim if, in the field of his or her action, they have disclosed the offence or requested the initiation of proceedings.
§ 4. In cases of offences which are causing damage to the property of the institution or body referred to in paragraph 2, where the victim authority of the institution or body concerned is not functioning, the right of the victim may be exercised by the control authorities. state which, in the field of its operation, has disclosed a criminal offence or has requested the opening of proceedings.
Article 49a. [ Application for a judgment of the obligation to fix damage] Victims, as well as the prosecutor, may until the closure of the judicial canal at the main trial lodge the application referred to in art. 46 § 1 of the Penal Code.
Article 50. [ Exclusion of the use of disadvantaged entitlements] In judicial proceedings of the powers of the victims referred to in Article 53 shall not be used by any person in the same case as the defendant, except as provided for in Article 497 and art. 498 § 3.
Article 51. [ Statutory representative of hives] § 1. For a victim who is not a natural person, the procedural steps shall be taken by the authority authorised to act on his behalf.
§ 2. If the victim is a minor or incapacitated entirely or partially, his rights shall be exercised by a statutory representative or by a person under whose permanent roast he or she remains.
§ 3. If a person is not countable, in particular due to his age or state of health, his or her rights may be exercised by the person under whom the hives have been victims.
Article 52. [ Process Successor] § 1. In the event of the death of a victim of a right which he or she would be entitled to do, he or she may carry out any of his or her dependants and, in the event of a lack of or non-disclosure, the prosecutor, acting on his own initiative.
§ 2. Where the body conducting the proceedings has information on the persons closest to the victim or dependent persons, it shall instruct at least one of the persons entitled to be entitled to do so.
Chapter 5
Auxiliary prosecutor
Article 53. [ Auxiliary prosecutor's powers] In cases of crimes prosecuted from public prosecution, the victim may act as a party in the capacity of a meal prosecutor next to the public prosecutor or instead of him.
Article 54. [ Joining the proceedings] § 1. If the indictment filed a public prosecutor, the victim may, until the start of the court line at the main trial, make a statement that he will act as a prosecutor of the meal.
§ 2. Withdrawal of an indictment by a public prosecutor shall not deprive the prosecutor of the auxiliary prosecutor. The victim, who has not previously exercised the authority of a meal prosecutor, may, within 14 days of being notified of the prosecution's withdrawal by the public prosecutor, declare that he accedes to the proceedings as a prosecution prosecutor.
Article 55. [ The action of the prosecutor's meal in the process instead of the prosecutor] § 1. In the event of a repetition of the refusal to initiate or to remit the proceedings in the event referred to in Article (2) The victim may, within one month of service of the notification of the order, bring an indictment to the court, attaching one provision for each of the accused and the prosecutor. Article Recipe 488 § 2 shall apply mutatis mutandis. Art. 339 § 3 pt. 3a and art. 396a does not apply.
§ 2. The indictment brought by the victim shall be drawn up and signed by the representative, subject to the conditions laid down in the article. 332 and art. 333 § 1.
§ 3. Another urged with the same act may until the beginning of the judicial canal at the main trial attach to the proceedings.
§ 4. For a case initiated on the basis of an indictment brought by a meal prosecutor, he may at any time enter the prosecutor's office, becoming a public prosecutor. The proceedings are at the time of the public prosecution, and the victim, who brought the indictment, enjoys the rights of the auxiliary prosecutor referred to in art. 54. The withdrawal of the indictment by the public prosecutor shall be admissible only for the lawful wronged who has filed the indictment.
Article 56. [ Limitation of the number of auxiliary prosecutors] § 1. The court may limit the number of auxiliary prosecutors present in the case, if this is necessary to secure the proper course of the proceedings. The court shall rule that the prosecution may not take part in proceedings where the number of prosecutors determined by the court has already been taken into account.
(2) The Court of First Instance also declares that the prosecutor may not take part in the proceedings if he finds that he is not the person entitled or his indictment or that the statement of accession has been made after the date of the proceedings.
§ 3. The order of the court issued on the basis of § 1, and the order of the court issued on the basis of § 2, if it concerns the auxiliary prosecutor referred to in Art. 54 § 1 or art. 55 § 3, the complaint shall not be entitled.
§ 4. A auxiliary prosecutor who does not take part in proceedings for the reasons referred to in § 1 may submit to the court in writing his position within 7 days from the date of service of the order.
Article 56a. [ Prosecution of a meal without a sufficient degree of Polish language] The prosecutor, who is not sufficiently present in the Polish language, is subject to a judgment which is subject to appeal or proceedings, and shall be served with the translation; with the consent of the auxiliary prosecutor, the decision may be sent to the public. the translated decision terminating the proceedings, if it is not subject to challenge.
Article 57. [ Withdrawal of the prosecutor's charge from the charge] § 1. In the event of withdrawal of the prosecution, the prosecution may not be reattached to the proceedings.
§ 2. The court shall notify the prosecutor of the waiver of the prosecution in a case in which the public prosecutor is not involved. Failure to accede to the prosecution within 14 days of the notification of the notice shall result in a waiver of the proceedings. An order for the remission of proceedings may also be issued by a court referendary.
Article 58. [ Process Successor] § 1. The death of a reinforctive prosecutor shall not take the course of the proceedings; the nearest persons or dependants may proceed to the proceedings as a prosecutor of a meal at any stage of the proceedings.
§ 2. In the event of the death of a meal prosecutor, who himself has supported the charge, the following shall apply mutatis mutandis. 61.
Chapter 6
Private prosecutor
Article 59. [ Privileges of a private prosecutor] § 1. The victim may as a private prosecutor lodge and support charges of crimes prosecuted from private prosecution.
§ 2. Another victim of the same act may commence until the beginning of the judicial canal at the main hearing.
Article 60. [ Prosecutor's participation in the private cargout procedure] § 1. In cases of criminal offences, the prosecutor shall be prosecuted either by a private prosecutor or by an action already commenced if the social interest so requires.
(2) The proceedings shall be taken at the time of the office, and the victims who have previously filed a private prosecution shall enjoy the rights of a meal prosecutor; an Article shall be applied to the victim, who has not previously filed a private charge. 54, 55 § 3 and art. 58.
§ 3. If the prosecutor who entered the proceedings then waived the charges, the victim would return to the rights of the private prosecutor in further proceedings.
§ 4. The victim, who has not brought an indictment, may, within a period of time, filed 14 days from the date of its notification of the prosecutor's withdrawal from prosecution, file an indictment or a statement that he maintains the charge as private, and if such a statement does not The court or referendary of the court of justice shall be terminated.
Article 60a. [ Private prosecutor not sufficiently in Polish language] A private prosecutor who is not sufficiently present in the Polish language, a judgment which is subject to appeal or terminating proceedings shall be served with a translation; with the consent of the private prosecutor, it may be possible to post an invitation to the public prosecutor. the translated decision terminating the proceedings, if it is not subject to challenge.
Article 61. [ Process Successor] § 1. In the event of the death of a private prosecutor, the proceedings shall be suspended and the surviving persons or dependants of the deceased may enter into his or her rights. The decision to suspend the proceedings may also be issued by a court referendary.
§ 2. If, within a period of three months, from the date of the death of the private prosecutor, the person entitled to the deceased is not entitled to enter the deceased, the court or court referendary shall be terminated.
Chapter 7
(repealed)
Article 62. (repealed)
Chapter 8
Accused
Article 71. [ The concept of the suspect and the accused] § 1. A suspected person shall be deemed to be the suspect in which the statement of objections has been issued, or who, without such an order, has been charged in connection with the conduct of a hearing as a suspect.
§ 2. The accused is considered to be the person against whom the prosecution was brought to the court, as well as the person to whom the prosecutor has filed the application indicated in the article. 335 § 1 or application for conditional remission of proceedings.
§ 3. Where this Code uses the term 'accused' as a general rule, the relevant provisions shall also apply to the suspect.
Article 72. [ Right to an interpreter] § 1. The defendant has the right to use the free interpreter's assistance if he does not have sufficient Polish language.
§ 2. The interpreter must be called upon to act with the accused referred to in § 1. At the request of the accused or his lawyer, the interpreter must also be called upon to agree to the defendant with the defender in connection with the act, to the participation in which the accused is entitled.
§ 3. The defendant, as referred to in § 1, the order of submission, addition or amendment of the pleas in law, the indictment and the judgment under appeal or terminating the proceedings shall be served with the translation; with the consent of the defendant, the pleas in law may be brought to the public. on the publication of a translated decision terminating the proceedings, if it is not subject to appeal.
Article 73. [ Protection of the correspondence of the accused with the defender] § 1. The accused may, temporarily arrested, communicate with his defender in the absence of other persons and by correspondence.
§ 2. In the preparatory proceedings, the prosecutor shall, when granting authorisation to communicate, may reserve in particular justified cases where the good of the preparatory proceedings so requires, that he or she will be present himself or by him. authority.
§ 3. If the good of the preparatory proceedings so requires, the prosecutor, in particularly justified cases, may also reserve the control of the suspect's correspondence with the defender.
§ 4. The reservations referred to in paragraphs 2 and 3 shall not be held or completed within 14 days from the date of the temporary arrest of the suspect.
Article 74. [ Obligations on the accused] § 1. The accused is not obliged to command his innocence or the obligation to provide evidence to his disadvantage.
§ 2. The accused shall, however, be subject to:
1) visual inspection of the body and other tests not combined with a violation of the integrity of the body; in particular, the accused shall obtain the fingerprints, photograph it and show it for identification purposes to other persons;
2) psychological and psychiatric tests and tests combined with the making of treatments on his body, except surgical procedures, provided that they are made by the authorized to that health care professional with the indication of knowledge doctor and do not endanger the health of the accused, if carrying out these tests is necessary; in particular, the accused is obliged under these conditions to undergo the collection of blood, hair or secretions of the organism, subject to point 3;
3) collection by the police officer of the swab from the mucosa of the cheeks, if it is irresponsible and there is no fear that it would endanger the health of the accused or other persons.
§ 3. In relation to the suspected person, the tests or activities referred to in § 2 (1) may be carried out and, subject to the requirements of § 2 (2) or (3), the blood, hair, mucosal swabs or other secretions of the body may be collected.
§ 3a. The accused or the suspected person shall be called upon to surrender to the obligations arising from paragraphs 2 and 3. In the event of refusal, the accused or the suspected person may be stopped and forcibly led, and the physical force or technical measures to be applied to them, to the extent necessary for the performance of the person concerned, may be stopped and compulsorily brought to the tasks.
§ 4. The Minister of Justice, in agreement with the Minister of Health, shall determine by way of regulation the detailed conditions and manner of submission of the accused and the person suspected of being examined, and of the acts of which he or she is involved. Article 2 (1) and (3) and (3), bearing in mind that the collection, fixation and analysis of evidence is carried out in accordance with current knowledge of forensic science and forensic medicine.
Article 75. [ Obligation to inform about the change of residence or stay] § 1. The accused is obliged to notify the body conducting the proceedings of any change of place of his residence or stay lasting more than 7 days, including the deprivation of liberty in another case, as well as of any change of data to allow contact, as indicated in Article § 213 § 1, which they know to be known to the body conducting the proceedings. The accused is also required to appear on every call in the course of criminal proceedings. The above obligations must be prosecuted at the first hearing.
§ 2. In the case of an unjustifiable failure of the accused person, it is possible to stop him and to bring him in forcibly.
§ 3. The provisions of Article 4 The 246 shall apply mutatis mutandis. A complaint to the order of the court shall be recognized by the same court as three Judges.
Article 76. [ Taking action by the accused's representative] If the accused is a minor or incapacitated, his statutory representative or the person under whom the accused is baked shall be able to take all procedural steps in his favour and, above all, to lodge an appeal, to lodge a complaint with the defendant, applications and the establishment of a defender.
Article 77. [ Limitation on number of defenders] The accused may have at the same time not more than three defenders.
Article 78. [ Designation of the public defender] § 1. The accused, who has no choice, may require him to appoint a public defender if he or she duly demonstrates that he is not in a position to bear the costs of his defence without prejudice to the necessary subsistences and family.
§ 1a. Article 1 (1) shall apply mutatis mutandis where the accused is seeking the appointment of a public defender in order to carry out a specific procedural action.
§ 2. The Tribunal may withdraw the appointment of a defender if it is found that there are no circumstances on the basis of which it has been determined. The decision to revoke the appointment of a defender shall be entitled to a complaint to another equivalent composition of that court.
Article 79. [ Protector] § 1. In criminal proceedings, the accused must have a defender if:
1) has not completed 18 years;
2) is deaf, mute or blind;
3) there is a reasonable doubt whether its ability to recognize the meaning of the act or to direct its conduct was not at the time of committing the act excluded or to a significant extent limited;
4) there is a reasonable doubt as to whether the state of his mental health allows for participation in the proceedings or the conduct of the defence in a self-contained and reasonable manner.
§ 2. The accused must have a defender also when the court finds it necessary because of other circumstances obstructing the defence.
§ 3. In the cases referred to in paragraphs 1 and 2, the participation of the defender shall be compulsory at the hearing and in those meetings where the defendant's participation is mandatory.
§ 4. Considering the reasoned opinion of the psychiatrists ' experts that the accused's act was not committed under conditions of exemption or significant limitation of the ability to recognise the meaning of the act or to direct its conduct and that the state of health was the accused's mental state allows to participate in the proceedings and conduct the defense in a self-contained and reasonable manner, the court adjudicates that the participation of the defense counsel is not obligatory. The President of the Tribunal or the court shall, at the time, release the defender of his duties, unless there are other circumstances in which he or she is in favour of the defendant to have a lawyer appointed by the public authority.
Article 80. [ Protector] The defendant must have a defender in the proceedings before the district court, if he has been accused of a crime. In this case, the participation of the defender in the main trial is obligatory.
Art. 80a. (repealed)
Article 81. [ The designation of the public defender in the case of compulsory defence] § 1. If, in the situation referred to in Article 78 § 1 or 1a, art. 79 § 1 i 2 and art. 80 the accused shall not have the counsel of the choice, the President or the referendary of the court competent to recognize the case shall appoint him a defender from office.
§ 1a. The order of the President of the court of refusal to appoint a defender shall be entitled to a complaint to the court competent to hear the case, and to order the court to refuse to appoint a defender-a complaint to another equivalent composition of that court.
§ 1b. The re-application for the designation of a defender, based on the same circumstances, shall be left unrecognizable.
§ 2. On the reasoned request of the accused or his defense counsel, the President or the referendary of the court competent to recognize the case may appoint a new defender to the place of the previous one.
Article 81a. [ Defenders List] § 1. The public defender is appointed from the list of defenders.
§ 2. The application for the designation of the defender of the office of the president of the court, the court or the court referendary shall recognize immediately.
§ 3. If circumstances indicate the need for immediate defence, the president of the court, the court or the court referendary shall, in the manner indicated in the art. 137, shall notify the defendant and the defender of the appointment of the public defender.
§ 4. The Minister of Justice shall determine by way of regulation:
1) how to ensure the defendant's use of the assistance of the public defender, including the way of determining the list of defenders providing legal assistance from the office and the way of designating the legal counsel providing legal assistance from the office,
2) the mode and method of transmission to the court of the application for the designation of the public defender and the detailed mode of recognition of such a request
-having regard to the need to ensure the proper course of the procedure and to ensure that the right of defence is properly implemented.
Chapter 9
Defenders and Plenipotentiaries
Article 82. [ Defender] The defender can only be a person entitled to a defence under the provisions of a lawyer's regime or a law on legal counsel.
Article 83. [ Establishment of the Defender] § 1. The defender shall establish the accused; pending the establishment of the defender by the accused deprived of liberty, the defender may establish another person, of which he shall immediately inform the accused person.
§ 2. The authorization of the defence may be given in writing or by a statement to the minutes of the body conducting the criminal proceedings.
Article 84. [ Privileges and obligations of the defender] § 1. The establishment of a defender or the appointment of a public defender shall entitles him to act throughout the proceedings, without excluding the act after the decision has been legitimised, if it does not contain any restrictions.
§ 2. The designation of the public defender imposes on him the obligation to take procedural steps to the final termination of proceedings. However, if the action must be carried out in addition to the registered office or place of residence of the public defender, the President of the court before which the action is to be made, or the court referendary of that court, and in the preparatory proceedings the President of the District Court of the place proceedings or a judicial referendary of that court shall, on a reasoned request from the existing defender, appoint a lawyer from among the local solicitors or legal advisers to perform that task.
§ 3. The defender appointed by the authority in the cassation proceedings, in the proceedings for the annulment of the judgment of the appeals court repealing the judgment of the court of first instance and of the transferor of the case for retrial or in proceedings for the reopening of proceedings, should draw up and sign the cassation, appeal against the judgment of the appeal court repealing the judgment of the court of first instance and the transferring case for retrial or request for resumption of proceedings or to inform the court in writing that it has not stated the grounds to lodge a cassation, a complaint or an application for reopening of proceedings. If the cassation, complaint or application is lodged, the defender shall be entitled to participate in the ongoing proceedings.
Article 85. [ Defense of several defendants] § 1. The defender can defend several defendants if their interests do not remain at odds.
§ 2. By stating the contradiction, the court shall issue the order by drawing the accused date to the establishment of other defenders. In the case of defence from office, the court shall appoint another defender. The order shall be entitled to a complaint.
§ 3. In the preparatory proceedings, the powers of the court referred to in paragraph 2 shall be held by the president of the court competent to hear the case.
Article 86. [ Duty to act in favour of the accused] § 1. The defender may take procedural steps only for the benefit of the accused.
§ 2. The participation of the defender in the proceedings does not exclude the personal action of the accused.
Article 87. [ Establishment of a proxy] § 1. A party other than the accused may appoint a proxy.
§ 2. A person who is not a party may appoint a representative if the person's interests so require in the ongoing proceedings.
§ 3. The court, and in the preparatory proceedings the prosecutor, may refuse admission to the proceedings of the representative referred to in § 2, if he considers that it does not require that defence of the interests of a non-party.
Article 87a. (repealed)
Article 88. [ Attorney] A proxy may be a lawyer or lawyer. The proxy shall apply mutatis mutandis. 77, Art. 78, art. 81a § 1-3, art. 83, art. 84, art. 86 § 2 and provisions issued on the basis of art. 81a § 4.
Article 89. [ Appropriate application of the provisions of the Civil Procedure Code] The provisions in force in civil proceedings shall apply mutatis mutandis to matters relating to the proxy, and not to the provisions of this Code.
Chapter 10
Social Representative
Article 90. [ Representative of the social organisation] § 1. In judicial proceedings, participation in proceedings may be declared by a social organisation where there is a need to protect the social interest or the individual interest, which is covered by the organisation's statutory tasks, and in particular the protection of freedoms and rights man.
§ 2. In the notification, the social organisation shall indicate the social or individual interest, covered by the statutory tasks of that organisation, and the representative to represent the organisation. A copy of the statutes or other document regulating the activities of that organisation shall be attached to the notification. The representative of the social organisation shall submit a written authorisation to the court
§ 3. The Tribunal shall allow a representative of the social organisation to appear in the case if at least one of the parties agrees. The page can revoke your consent at any time. In the event of the disagreement of one of the parties to the existence of a representative of a social organisation, the court shall exclude that representative from taking part in the case, unless his participation is in the interests of the judiciary.
§ 4. The Tribunal shall allow a representative of the social organisation to appear in the case in spite of the lack of consent of the parties, if it is in the interests of
§ 5. The Tribunal shall refuse to allow a representative of a social organisation to appear in the case if it finds that the social or individual interest indicated in the application is not covered by the statutory tasks of that organisation or is not linked to the case to be recognized.
§ 6. The court may limit the number of representatives of the social organisations present in the case, if it is necessary to secure the proper course of the proceedings. The court then calls on the prosecutor and the accused to indicate no more than two representatives of the social organizations who will be allowed to perform in the case. If there is more than one accused or more than one prosecutor, each one of them may indicate one representative. The non-indication of a representative shall be deemed to have revoked his/her consent to the case. Irrespective of the positions of the parties, the court may decide to continue to participate in the interests of the judiciary by the various representatives of the social organisations.
Article 91. [ Representative Authority] A representative of a social organisation allowed to participate in the proceedings may attend the hearing, speak out and make statements in writing.
SECTION IV
Process Actions
Chapter 11
Decisions, ordinances and orders
Article 92. [ Grounds for judgment] The basis of the judgment may constitute only a whole of the circumstances disclosed in the proceedings which are relevant to the decision.
Article 93. [ Provisions and ordinances] § 1. If the law does not require a judgment, the court shall issue the order.
§ 2. On matters not required by the President of the Tribunal, the chairman of the department, the chairman of the formation of the adjudicatory or the authorized judge shall issue the order
§ 3. In the preparatory proceedings, the provisions and regulations shall be issued by the prosecutor and by another competent authority and the court of justice in the cases provided for in the Act.
§ 4. In the cases referred to in the law, the court and the prosecutor shall issue instructions to the Police or other authorities.
Art. 93a. [ Judicial referendary powers] § 1. In the cases referred to in the Act, a judicial referendary may issue provisions or ordinances.
§ 2. Referendums, which, according to the law, issue a court, may also issue a court referendary.
§ 3. The provisions and regulations issued by a judicial referendary may be raised. The opposition shall be open to the parties, and to the person to whom the order is directly applicable, unless the Act provides otherwise. In the event of opposition, the order or order shall be repealed.
§ 4. The President of the Tribunal shall refuse to object if he or she has been lodged after the date or by an unauthorised person.
Article 94. [ Content Content] § 1. The order should contain:
1. the designation of the authority and of the person or persons issuing the order;
2. date of issue of the order;
(3) an indication of the matter and of the matter to which the order relates;
4. the settlement with the legal basis;
5) justification, unless the Act exempts from this requirement.
§ 2. The provision of Article 1 shall apply mutatis mutandis to the provisions of the arrangements.
Article 95. [ Ruling at the hearing] § 1. The court adjudicate at the hearing in the cases indicated in the Act, and in others-at the meeting. The rulings issued at the meeting may also be held at the hearing.
§ 2. The Referendary of the Court shall issue the provisions at the meeting.
Art. 95a. [ Complaint] § 1. In the cases referred to in Article 2a § 1 and 2 of the Code of Offences shall rule at the sitting of the court, which delivered the judgment in the first instance.
§ 2. The order shall be entitled to a complaint.
Article 95b. [ Disclosure of meetings] § 1. The meeting shall be held with the exception of disclosure, unless the Act states otherwise or the President of the Tribunal or the court of governance otherwise.
§ 2. Explicit are the meetings referred to in art. 339 § 3 points 1, 2 and 5, art. 340, art. 341, art. 343 § 5, art. 343a, art. 603, art. 607l § 1, art. 607s § 3, art. 611c § 4 and art. 611ti § 1.
§ 3. The provisions of Chapter 42 shall apply mutatis mutandis to meetings which take place openly.
Article 96. [ Persons Entitled to attend a meeting] § 1. The parties and persons other than parties, where relevant for the protection of their rights or interests, shall have the right to take part in the meeting when the Act so provides, unless their participation is mandatory. Article Recipe 451 shall apply mutatis mutandis.
§ 2. In other cases, they shall have the right to take part in the meeting if they do not, unless the Act states otherwise.
Article 97. [ Review of factual circumstances] Where there is a need to check the factual circumstances before the decision is given at the meeting, the court shall do the same either to that end, or to that end, appoint a judge from the formation of the decision or request the enforcement of certain acts to the local court. appropriate. If the action does not require proof, the referendary of the court may also be carried out by the court.
Article 98. [ Statement of reasons] § 1. The reasons for the order shall be made in writing, together with the decision itself.
§ 2. In the case of a case of hinged or for other important reasons, it may be postponed to justify the order for up to 7 days.
§ 3. It is not necessary to justify the authorisation of the evidence as well as to take account of the application to which another party has not objected, unless the decision is subject to appeal.
Article 99. [ Grounds for judgment] § 1. The mode and form of the statement of reasons for the judgment shall be
§ 2. The Governing Board shall require written justification if it is subject to appeal.
Article 100. [ Announcement and service of the decision] § 1. Judgment or order issued at the hearing or in the sitting referred to in Article 95b § 2, announces orally.
§ 2. The judgment or order issued at another meeting shall be announced orally if the party is involved.
§ 3. The judgment shall be served on the rightholders who are entitled to bring an appeal, if that is the case.
§ 4. A provision or order issued outside the hearing from which an appeal is granted shall be served on the persons entitled to bring the measure in question and the decision terminating the proceedings to the parties concerned, unless they were present at the time of publication of the decision. provisions or ordinances. The parties shall also be served with a reasoned order in the event referred to in Article 4. 98 § 2.
§ 5. The Parties shall be informed of the content of other provisions and orders issued outside the hearing and meeting, and issued at a meeting within which the party has not been notified.
§ 6. If the Act does not exempt from the simultaneous drawing up of the reasons, the decision and order shall be served or announced, together with the reasons for it. In the case referred to in Article 98 § 2 after the announcement of the order, the most important reasons for the decision shall be given.
§ 7. Where the case has been recognised for the exclusion of public interest due to an important interest, the statement of reasons for which the statement of reasons has been drawn up shall be served instead of the statement of reasons
§ 8. After the announcement or delivery of the decision and the order of order, the parties to the proceedings must be instructed to the law, the time limit and the manner in which the appeal is lodged, or that the decision or order is not subject to challenge.
§ 9. In the event of a conviction with the application of art. 60 § 3 or 4 of the Penal Code or Art. 36 § 3 of the Code of Criminal Tax Code after the announcement or delivery of the judgment must be instructed by the accused of the content of the article. 434 § 4 and Art. 443.
Article 105. [ Correction of the judgment] § 1. The obvious clerical and accounting errors and the calculation of the time limits in the judgment or order or their justification may be corrected at any time.
§ 2. The corrigenation shall be carried out by the authority which made the mistake. If proceedings are pending before an appeal instance, it may, ex officio, rectify the judgment of the first instance.
§ 3. A correction of the decision or of its reasons shall be made by way of order and a corrigendum to the order by way of the order of order.
§ 4. The order or order of rectification issued in the first instance serves the purpose of complaint.
Article 106. [ Notification of provisions in the preparatory proceedings] The provisions of Article 4 100 (4) to (8) shall apply mutatis mutandis in the preparatory proceedings.
Article 107. [ Giving a Feasibility Clause] § 1. The court or referendary of the court shall, upon request, grant the holder of the enforceable declaration of enforceability the enforceable decision of the enforceable decision.
§ 2. A decision imposing an obligation to repair the damage or redress for a recognised injury and an established case for the benefit of the victim shall be regarded as a decision as to property claims, if they are suitable for enforcement under the provisions of the Code civil proceedings.
§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the obligation arising from a settlement entered into before a court or court referendary, as well as a settlement entered into in the mediation proceedings.
§ 4. The court or referendary of the court shall refuse to grant a declaration of enforceability of a settlement concluded before the mediator, in whole or in part, if the settlement is contrary to the law or the principles of social coexistence or is aimed at circumventing the law.
Chapter 12
Narada and vote
Article 108. [ Taiwan's narrtising and voting] § 1. The course of the deliberation and the vote on the decision is secret, and the exemption from behavior in this respect of the secrecy is not permissible.
§ 2. During deliberation and voting, apart from the members of the formation of the adjudicating bench, only the protokolant may be present, unless the President considers his presence to be unnecessary.
Article 109. [ Voting rules] § 1. The President shall be guided by the vote and by the vote, and if there is any doubt as to the order and manner of the deliberations and the votes cast, it shall be decided by the formation of the Court.
§ 2. After the deliberation the President shall meet the votes of the youngest, first from the juries according to their age, then from the judges according to their seniority, and shall vote last. The rapporteur, if he is not the President, shall vote first.
Article 110. [ Vote on the sentence] The deliberations and the vote on the sentence shall be held separately in respect of the fault and the legal competence of the act as to the penalty, in criminal terms, of the forfeiture as to the compensatory measures and on the other matters.
Article 111. [ Voting rules] § 1. Decisions shall be made by a majority.
§ 2. If the sentences are so divided that none of them will gain the majority, the sentence of the least favorable to the accused shall be joined to the sentence of the most closely approximated, until the majority is obtained.
Article 112. [ Calculation of majority of votes] A judge who voted against the recognition of the accused person may abstain from voting on further issues; then the judge's vote will join the sentence most favourably for the accused.
Article 113. [ Signature of the judgment] The decision shall be signed by all members of the formation of the formation of the court, without excluding the vote of the vote, unless the decision is made in the minutes.
Article 114. [ Distinct sentence] § 1. When making a signature, the member of the formation of the adjudicating bench shall have the right to indicate, in the judgment, the separate sentence, stating the part in which and in what direction the decision is contested.
§ 2. A separate sentence may also apply to the reasons for the decision itself; that sentence shall be marked on the basis of the signing of the statement of reasons.
§ 3. If the law does not require the preparation of a statement of reasons with a decision, the statement of reasons must be drawn up on the basis of a separate statement of reasons within seven days of the decision and the statement of reasons shall be accompanied by a separate sentence in the following 7 days. days of its justification; this obligation does not apply to a juror.
Article 115. [ Signature of the statement of reasons] § 1. The reasons for the decision shall be signed by the persons who have issued the decision without excluding the person voted on.
§ 2. In cases recognized in the composition of a judge and two jurors, the statement of reasons shall be signed only by the chairman, unless a separate sentence has been declared. In cases recognized by two judges and three jurors, the reasons shall be signed by both judges, unless a separate sentence has been declared.
§ 3. If the signature of the chairman or other member of the formation of the adjudicatory cannot be obtained, one of the signators shall make this reference to the reasons justifying the reason.
Chapter 13
Order of process activities
Article 116. [ Form of submission of applications and declarations] If the Act does not provide otherwise, the parties and others entitled to take part in the procedural steps may submit requests and other written statements or verbally to the Protocol.
Article 117. [ Participation in process activity] § 1. The person entitled to take part in a procedural step shall be notified of the time and place of the process, unless the law provides otherwise.
§ 2. The action shall not be carried out if the person entitled does not appear, and there is no evidence that he has been notified of it, and if there is a reasonable presuming that the failure to do so was due to natural or other exceptional obstacles. the reasons, and also when the person has duly justified the absence of a non-attendance, and requests that no action be carried out without its presence, unless otherwise provided for in the law.
§ 2a. Justification for failure to do so by defendants, witnesses, defenders, plenipotentiaries and other participants in proceedings whose presence was compulsory or who have been entitled to act in order to be entitled to act in the proceedings participation, requires the presentation of a certificate confirming the impossibility to appear on the call or notice of the body conducting the proceedings, issued by a judicial practitioner.
§ 3. In the event of failure to do so, the parties, defenders or agents whose appointment is compulsory shall not be carried out unless the Act states otherwise.
§ 4. (repealed)
§ 5. The provision of § 2a shall not apply to persons deprived of liberty whose rules of justification for non-freedom are governed by separate provisions.
Article 117a. [ Participation of defenders and plenipotentiaries in procedural steps] § 1. If the party has more than one defender or representative, the procedural step may be carried out in the event of a case of at least one of them, unless the party agrees to carry out the action without the participation of the defender or the proxy, of which the participation is not compulsory.
§ 2. Paragraph 1 shall apply mutatis mutandis to the representative of a non-party person referred to in Article 1. 87 § 2.
Article 118. [ Meaning of process activity] § 1. The importance of the procedural task shall be assessed according to the content of the statement made
§ 2. The failure to properly mark the procedural step, and in particular the remedy, does not deprive the legal meaning of the action.
§ 3. A letter in respect of the jurisdiction of the court, the prosecutor, the police or any other body of inquiry addressed to the competent authority shall be transmitted to the competent authority.
Article 119. [ Scripture] § 1. The pleading shall contain:
1) the designation of the authority to which it is addressed and the matters to which it relates;
2. the designation and the address of the appellant;
3) the content of the application or statement, where necessary with the justification;
(4) the date and signature of the applicant.
§ 2. For a person who cannot sign, the letter shall be signed by the person authorized by the person, with an indication of the reason for his signature.
Article 120. [ Addendum to formal deficiencies] § 1. If the letter does not conform to the formal requirements laid down in the Article 119 or in specific provisions, and the absence of such a type that a letter cannot receive the course, or the absence of any due charge or authorisation to take a procedural action, the person from whom the letter originates, shall be called upon to delete no within 7 days.
§ 2. In the absence of any delay in time, the letter shall have effect from the date on which it was lodged. If the absence is not completed within the time limit, the letter shall be deemed to have been ineffective and must be instructed in the service of the summations.
§ 3. In the proceedings before the court of justice in the cases referred to in paragraphs 1 and 2, a judicial referendary may also be issued.
Article 121. [ Selection of reason for missing signature] If the person involved in the process is refusing or unable to sign the signature, the task authority shall indicate the reason for the absence of the signature.
Chapter 14
Time limits
Article 122. [ Wraps] § 1. The procedural step that has elapsed after the expiry of the time limit is ineffective.
§ 2. The hinge shall be the time limits for appeals and other remedies which the law shall be deemed to have failed to accept.
Article 123. [ Calculation of time limits] § 1. The time limit shall not include the date on which the time limit is due.
§ 2. If the term is marked in weeks, months or years, the end of the term falls on that day of the week or month which corresponds to the beginning of the term; if no such date is in the given month, the end of the term falls on the last day This month.
§ 3. If the end of the period falls within the day that the law is deemed to be free from work, the task can be completed the following day.
Article 124. [ Appointment Behavior] The term is preserved if, prior to its passing, the letter was given at the premises of the entity dealing with the service of correspondence within the European Union, in the Polish consular office or submitted by a soldier at the military unit's command either by a person deprived of liberty in the administration of the relevant establishment, and by a crew member of the Polish maritime vessel-the master of the ship.
Article 125. [ The mistake of bringing the letter to the wrong court] A letter by mistake lodged before the expiry of the time limit to the wrong court, the prosecutor, the police authority or any other body of the preparatory proceedings shall be deemed to have been brought within the time limit.
Article 126. [ Restoration of deadline] § 1. If the failure to meet the deadline is due to reasons from the independent party, the party within the failed period of 7 days from the date of cessation of the impediments may submit a request for restoration of the time limit, while completing the task which was due to be in place within the period of time. performed; the same applies to non-parties.
§ 2. As regards the restoration of the time limit, the decision by the authority before which the action was to be made.
§ 3. The refusal to restore the term is due to a complaint.
Article 127. [ Cessation of enforcement of the decision] The request for reinstatement shall not suspend the execution of the decision, but the authority to which the application is lodged or the body referred to the appeal may withhold the execution of the decision; the refusal of suspension shall not be justified.
Article 127a. [ Suspension of the time limit for the duration of the recognition of the application for legal aid] § 1. Where the performance of a procedural step is a condition of performance by a lawyer or a representative, the time limit for its implementation shall be suspended for the party to proceedings for the duration of the examination of the application for legal aid in that respect.
§ 2. In the event of the appointment of a lawyer or a representative of the office, the time limit for the appointment of a designated procedural representative shall begin to run from the date of service of the order or order in which the person appointed him.
Article 127b [ Determination of the duration of coercive measures] If the duration of the coercive measures is determined in weeks, months or years, it is assumed that the week counts for days 7, month in days 30, and the year for the days 365.
Article 127c. [ Day of the measure of coercion] A period of 24 hours calculated from the moment of actual imprisonment shall be taken as the date of the measure of compulsion resulting in the deprivation of liberty.
Chapter 15
Service
Article 128. [ Footnotes] § 1. Decisions and ordinances shall be served in certified copies if the law requires service to be served.
§ 2. Any letters intended for the participants in the proceedings shall be served in such a way that their content is not made available to persons not called.
Article 129. [ Call] § 1. The request shall be marked by the sending authority and shall state in what case the nature, place and time at which the addressee is to be present and whether it is mandatory and shall prejudice the effects of the non-Vicensation.
§ 2. The provision of § 1 shall apply mutatis mutandis to the notification.
§ 3. If, from the date of service of the letter, the time limit for the execution of the procedural step is to be completed, the addressee should be instructed.
Article 130. [ Receipt Receipts] The letters shall be served by the receipt of receipt. The consignor shall acknowledge receipt by his/her legible signature, including the name and surname in the return receipt, on which the service confirms the means of service of the service.
Article 131. [ Ways Of Service] § 1. The summings, notifications and other letters from which the date of service of the running time are served by the postal operator within the meaning of the Act of 23 November 2012. -Postal law (Dz. U. of 2016 r. items 1113 and 1250) or the staff member of the sending authority and, if necessary, by the Police.
§ 2. If so many victims have been found that their individual notice of their rights would cause serious impediments to the conduct of the proceedings, they shall be notified via the advertisement in the press, radio or television.
§ 3. Where there is an obligation to service the order, the provisions of paragraph 2 shall apply mutatis mutandis. However, it must always be served on the victim, who, within a time limit of 7 days from the day of the announcement, will return.
Article 132. [ Delivering the letters to the addressee in person] § 1. The letter shall be served on the addressee in person.
§ 2. In case of temporary absence of the addressee in his apartment, the letter is served to the adult house. In the absence of the household, the letter shall be served on the administration of the house, the caretaker of the house or of the soloists, if they undertake to give the addressee to the addressee. Article Recipe 133 § 2 shall apply mutatis mutandis.
§ 3. The letter can also be delivered via facsimile or e-mail. In that case, the proof of service shall be the proof of transmission of data.
§ 4. The provisions of paragraphs 2 and 3 and of Articles 133 § 3 does not apply to the service of the defendant's notification of the first time limit of the main hearing, the date of the meeting referred to in Art. 341 § 1, art. 343 § 5, art. 343a and art. 420 § 1, and service of the judgment referred to in art. 500 § 1.
Article 133. [ Leave a letter in the post office] § 1. If service cannot be made in the manner indicated in the Article. 132, the letter sent through the postal operator within the meaning of the Act of 23 November 2012. -Postal law shall be left at the earliest post office of that postal operator and sent in a different manner in the nearest Police Unit or in the competent authority of the municipality.
§ 2. If the letter is left in accordance with paragraph 1, the service shall include a notice in the box for the service of correspondence or at the door of the addressee's apartment, or in a different visible place with an indication of where and when the letter is left and that it is to be collected in the case of the letter. within 7 days; in the event of an unsuccessfully expiry of that period, the notification shall be repeated once. In the event of these acts, the letter shall be deemed to have been served.
§ 2a. The letter left in the post office within the meaning of the Act of 23 November 2012. -Postal law, addressed to a defender or attorney who is a lawyer or legal adviser, may also be received by a person authorised by a postal power of attorney to receive postal items within the meaning of that law.
§ 3. The letter may also be left to the person authorised to receive correspondence in the place of permanent employment of the addressee.
Article 134. [ Service of letters through superiors] § 1. Letters addressed to the soldiers and officers of the Police, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Customs Service and the Service The prisons may be served by their superiors, with the summons intended for soldiers serving the primary military service to be sent to the commander of the military unit in which the soldier is in service, for service and for service of the addressees of the military service. the management of the appearance, according to the summations.
§ 2. Persons deprived of their liberty shall be served by the letter through the administration of the appropriate establishment.
§ 3. A letter intended for an addressee not being a natural person or to a lawyer or agent shall be served in the office of the addressee to the person employed there.
Article 135. [ Notification of the Prosecutor] The prosecutor shall be informed of the hearing and the meetings by service of the list of cases to be identified on the day in question.
Article 136. [ Refused letter] § 1. In the event of refusal to accept the letter or refusal or the impossibility of receipt of receipt by the addressee, the service shall draw up the corresponding mention in a repayable receipt; the service shall then be deemed to have been effected.
§ 2. The letter not accepted by the addressee shall be returned to the sending authority.
Article 137. [ Call and telephone notice] In urgent cases, the person may call or notify the person by telephone or otherwise in accordance with the circumstances, leaving a copy of the message in the file with the signature of the person giving the person.
Article 138. [ Indication of the addressee for service in the country] A party, as well as a person who is not a party to whom the rights have been infringed, who is abroad, is obliged to indicate to the addressee an address for service in the country; in the event of failure to do so, the letter sent to the last known address in the country or, if the address is not present, attached to the file of the case shall be deemed to have been served.
Article 139. [ Replacement] § 1. If the party, without giving a new address, changes his place of residence or is not present at the address indicated by him, including the deprivation of liberty in another case, the letter sent at that address shall be deemed to have been served.
§ 1a. The provision of § 1 shall apply to the victim when he is not a party.
§ 2. (repealed)
§ 3. The provision of § 1 shall not apply to letters sent for the first time after the defendant's final acquittal.
Article 140. [ Delivery of letters to defenders and proxies] If the law does not provide otherwise, judgments, orders, notices and copies which the law requires to be served on the parties shall also be served on the defenders, agents and legal representatives.
Article 141. [ Delegation] The Minister of Justice, in agreement with the Minister responsible for communication, shall determine by way of regulation the detailed rules and the procedure for the service of the pleadings of the procedural bodies, having regard to the need to ensure the smooth functioning of the proceedings, and the proper implementation of the procedural guarantees of its participants.
Article 142. [ Recognition of the service of the effected] Service without the provisions of this Chapter shall be deemed to have been effected if the person for whom the letter was intended declares that the letter received it.
Chapter 16
Protocols
Article 143. [ Tasks Needing Protocol] § 1. Log tables require the following:
1) the adoption of an oral notification of a criminal offence, a request for prosecution and its withdrawal;
2) interrogation of the accused, witness, expert and curator;
3) make a visual inspection;
4) to open a corpse and to remove the remains from the grave;
5) carrying out an experiment, confrontation and lineup;
6) search the person, place, things and IT system and stop things and IT data;
7. the opening of correspondence and consignments and the restoration of fixated records;
8) familial with the suspect with the materials collected in the preparatory proceedings;
9. acceptance of the surety;
10) the course of the court session, if the persons entitled to it or their presence are mandatory;
11) the course of the hearing.
§ 2. Other activities shall be recorded in the minutes where special provision is required or necessary for the task to be carried out. In other cases, it may be limited to drawing up the official note.
Article 144. [ Protoolant] § 1. The trial protocol shall be written by an employee of the secretariat or another person authorised by the President of the Tribunal.
§ 2. Another protocol may, in addition to the persons listed in § 1, be taken as a protokolant by the operator of the act or the person carrying out the act.
§ 3. From an individual who is not an employee of the body conducting the proceedings, he shall receive the pledge of the following text: "I swear solemnly that the duties of the protokolant have been entrusted to me by conscientiously".
Article 145. [ Stenogram] § 1. Where a procedural act is perpetuate by means of a transcript, the minutes may be limited to the record of the most relevant statements of the persons involved. The shorthand translates the stenogram into a simple letter, making it a reference to the system; the first description of the shorthand and its translation become the annexes to the protocol.
§ 2. Article Recipe 144 § 3 shall apply mutatis mutandis.
Article 146. [ Disable protokolant] § 1. The protokolant and the stenographer are turned off for the same reasons as the judge.
§ 2. An exemption shall be ruled out in the course of the hearing or of the court sitting, or in other cases, by the person who carries out the protocol.
Article 147. [ Persistence of an action by means of an image recording device or sound] § 1. The course of a logged operation may also be recorded by means of an image or sound recording device, as a result of the person participating in the action before the device can be activated.
§ 2. The hearing of a witness or expert shall be recorded by means of an image recording device and sound, when:
1) there is a danger that the hearing of this person will not be possible in further proceedings;
2. the hearing shall take place in accordance with the procedure laid down in 396.
§ 2a. The hearing of the victim referred to in Article 185a and art. 185c, as well as the witness referred to in art. 185b, it is perpetuate by means of an image recording device and sound.
§ 2b. The course of the hearing shall be recorded by means of a sound recording device or by an image and sound, unless it is technically not possible.
§ 2c. The conduct of the hearing to the extent that its disclosure is excluded on the grounds of the disclosure of classified information classified as 'secret' or 'top secret' shall not be established in the manner set out in paragraph 2b, unless it is possible to provide the right to do so. protect the recording of sound or image and sound from unauthorised disclosure.
§ 3. Where a process activity other than a hearing is established by means of a sound recording device or an image and sound recording device, the minutes may be limited to the recording of the most relevant statements of the attendees involved.
§ 3a. The recording of the image or sound shall become an annex to the protocol. In the event of a restriction of the protocol for the recording of the most relevant statements of persons taking part in the activity, a translation of the sound shall be made, which shall also become an annex to the protocol.
§ 4. The party, the defender, the proxy and the statutory representative shall have the right to receive a paid one copy of the recording of the image or sound. This shall not apply to the conduct of a hearing or of any other activity taking place excluding public disclosure or activities in the preparatory proceedings. For important reasons, legitimate protection of the private interest of persons taking part in the hearing, the President of the court may not consent to the drawing up for parties, defenders, proxies and representatives of statutory copies of the recording of the image from the hearing.
§ 5. The Minister of Justice shall, by regulation, determine the types of equipment and technical means for recording the image or sound for the purposes of the process, how to store, restore and copy records, the manner and mode of making available the parties, defenders, agents and representatives of the statutory recording of the image or sound, and the transmission of copies of the image or sound, as well as the amount of the fee for the production and transmission of the image or sound recording and the establishment of accounts in the an IT system for the transmission of a copy of the recording of an image or sound, Having regard to the need to properly protect the image or sound of loss of evidence, distortion or unauthorised disclosure, the need for the participants to have access to the recording of the image or sound without delay and obtain a copy of the record of the case file and ensure that the fee corresponds to the actual costs of drawing up and transferring a copy of the image or sound.
Article 148. [ Protocol Content] § 1. The Protocol should contain:
1) the designation of the task, its time and place and the persons participating in it;
2) the course of action and the statements and conclusions of its participants;
3) issued in the course of the action of the order and order, and if the order or order is drawn up separately, the mention of its issue;
4. where necessary, the statement of other circumstances relating to the course of action.
§ 2. explanations, testimonies, statements and conclusions and statements of particular circumstances by the investigating authority shall be entered in the protocol with possible accuracy. Persons taking part in the activity shall have the right to request the entry in the minutes of the full accuracy of all that is relevant to their rights or interests.
§ 2a. (repealed)
§ 2b. (repealed)
§ 2c. (repealed)
§ 3. The record must not be used to replace the contents of the testimony or explanations of reference to other protocols.
§ 4. Attendees shall have the right to request that parts of their post be read into the protocol.
Art. 148a. [ Data on residence and place of work] § 1. The protocol shall not include data on the place of residence and the place of work of the victims and witnesses involved in the operation. Those data, which are not included in the Protocol, shall be entered in the Annex to the Protocol, which shall be kept in the Annex to the file, to the authority of the body conducting the proceedings.
§ 2. The first sentence of the first sentence does not apply to the place of work of a witness who is a public officer who makes a statement in connection with his function, unless the conduct of the proceedings in the preparatory proceedings or the chairperson of the warehouse the decision of the carrying out of the action considers that it should not be included in the minutes for the sake of criminal proceedings.
§ 3. Where the data relating to the place of residence and the place of work of the victims and witnesses are contained in documents other than those referred to in paragraph 1, the documents, in whole or in part, in which they contain such data shall be kept in the Annex to the addressee. to the case file, to the authority of the body conducting the proceedings. The file shall be accompanied by certified photocopies of documents or parts thereof, drawn up in such a way as to make it impossible to understand the data.
§ 4. Carrying out an action in the preparatory proceedings or the chairperson of the court-in relation to the protocol referred to in paragraph 1, and, in respect of other documents, the body conducting the preparatory proceedings or the President of the court or tribunal or the chairperson of the court may order the waiver, in whole or in part, of the application of the provisions of § 1 or 3:
1. if the data concerning the place of residence or the place of employment of the victim or witness are known to the defendant;
2. in relation to the data concerning the place of residence or the place of work of the victim or witness, if these places are at the same time the place of establishment of the economic activity by the victim or witness, and these data have been transmitted to the public to the relevant register or records,
3. due to the obvious lack of need to protect the data concerning the place of residence or the place of work of the victim or witness due to the nature of the case.
§ 5. The court or body conducting the preparatory proceedings may disclose, to the extent necessary, the data referred to in paragraph 1, or the originals of the documents referred to in paragraph 3, where they are relevant for the resolution of the case.
Article 149. [ Signing the hearing protocol] § 1. The minutes of the hearing and the meetings shall be signed by the President and the protokolant without delay
§ 2. The Stenogram and its translation shall be signed by the stenographer and, moreover, the chairman of the hearing or the carrying out of the task.
§ 3. If the President is unable to sign the Protocol, the minutes shall be signed by one of the members of the formation of the Court, marking the reason for the absence of the President's signature.
Article 150. [ Signing a protocol from other activities] § 1. With the exception of the protocol of the hearing or the meeting, the minutes shall be signed by the persons involved in the operation. Before signing, you should read it and make mention of it.
§ 2. A person who is involved in a task may, at the same time, sign a report alleging his or her contents; these allegations must be drawn into the minutes, together with the statement of the person performing the protocol.
Article 151. [ Discuss the deletion and correction of the amendments] § 1. The deletion and corrections and additions to be made to the minutes shall be discussed by the signers signed by the signatorparties.
§ 2. If the protocol has not been duly signed immediately after the completion of the action, the missing signatures may be submitted later, with an indication of the date of their submission and the reasons for the delay.
Article 152. [ Application for a corrigendum to the protocol of the hearing and the meeting or the translation of the sound recording] The parties and persons with a legal interest may request a corrigendum to the protocol of the hearing and the meeting or translation of the sound recording, indicating the inaccuracies and dismissals.
Article 153. [ Correction of protocol or sound recording translation] § 1. The President shall, after hearing the protokolant or the person who has made the translation of the sound, and after the recording of the sound or image and sound recording, apply to the application and issue an arrangement for the rectification of the protocol or the translation the sound; otherwise, on the subject of correcting the decision, after hearing the protokolant or the person who prepared the sound recording, the court in the composition which recognized the case.
§ 2. If the same composition cannot be created, the order does not collapse, and the individual members and the protokolant or the person who prepared the translation of the sound shall submit a statement to the file on the merits of the application.
§ 3. If the application is taken into account, it shall include the appropriate mention in the protocol and the sound recording of the application, which shall be signed by the President and the Protokolant, or by the person who has produced the sound recording.
§ 4. If the inaccurateness or abandon of the sound recording results from the unclear distortion or lack of sound recording, the relevant mention shall be made in the protocol and the sound recording.
§ 5. A request for rectification of the protocol of the hearing and of the meeting or the translation of the sound recording shall be left unrecognisly if it has been filed after the case has been sent to the higher instance.
Article 154. [ Correction of obvious clerical or accounting erroneous mistakes] The correction of obvious clerical or accounting errors in the protocol or sound recording may be made at the request of or ex officio at any time; the provisions of Article 1 153 shall apply mutatis mutandis.
Article 155. [ Notice of corrigenation] § 1. The text of the rectification shall be notified to the party and of the refusal to rectify the person who submitted the request for rectification.
(2) The application for a corrigendum, irrespective of the manner in which it is completed, shall be attached to the Protocol.
Chapter 17
Reviewing records and writing off the write-off
Article 156. [ Make a case file available] § 1. The parties, defenders, agents and statutory representatives shall be made available to the court case file and shall be able to draw up copies or copies of them. They may also be made available to other persons with the consent of the President of the Court. Information on the file may also be made available by means of a computerised system where technical considerations do not preclude this.
§ 1a. (repealed)
§ 2. At the request of the accused or his defense counsel, he appears to be paid copies of documents from the case file. Such copies shall be issued for consideration, on request, to other parties, agents and legal representatives. The application may also be issued by a court referendary. No charge is collected on a manual copy.
§ 3. The President of the Court or of the Court of Justice may, in the event of a legitimate need, order the release of certified copies of the case file for a consideration.
§ 4. Where there is a danger of disclosure of classified information classified as 'secret' or 'top secret', the review of the files, the drawing up of copies and copies shall be carried out with the rigors determined by the President of the court or by the court. Certified copies and copies do not appear unless the Act states otherwise.
§ 5. Where there is no need to safeguard the proper conduct of the proceedings or to protect an important interest of the State, the files shall be made available in the course of the preparatory proceedings to the parties, to the defenders, to the agents and to the statutory representatives, the drawing up of copies or copies, and shall issue certified copies or copies for payment; this right shall also be made available to the parties upon completion of the preparatory proceedings. The making available of the file, the drawing up of copies or copies or the issue of certified copies or copies of the preparatory proceedings shall be issued by the Ordinance. In the event of refusal to make available the affected file, it shall be notified of the possibility of making it available to the victim at a later date. Upon the notification of the suspected or defender of the date of the final familial with the materials of the preparatory proceedings, his representative or legal representative may not be refused access to the file, may be refused access to the file, the drawing up of copies or copies and the issue of copies or copies. With the consent of the prosecutor, the records in the course of the preparatory proceedings may be made available to other persons in exceptional cases. The prosecutor can make the file available in electronic form.
§ 5a. If the application for application or extension of the provisional arrest is made in the course of the preparatory proceedings, the case file in the part containing the content of the evidence attached to the application shall be made available immediately to the suspect and his defender. the exclusion of evidence from witness statements referred to in Article 250 § 2b.
§ 6. The Minister of Justice shall determine by way of regulation the amount of the fee for the issue of copies of documents and of certified copies of the case files, bearing in mind the cost of the execution of such copies and copies.
Art. 156a. [ Providing data or originals of documents] The data or originals of the documents contained in the address annex shall be made available only to the public authorities and to the authorities of the local authorities at their request, where this is necessary for the exercise of the statutory tasks of those authorities. They may also be made available at the request of other institutions or persons, if they are in favour of such an important interest.
Article 157. [ A copy of the decision] § 1. A single certified copy of each decision should be issued to the parties and to persons whose judgment is directly affected by their request. A copy shall be issued with a justification if it has been drawn up.
§ 2. In cases where the public interest is excluded on grounds of an important interest, the persons referred to in paragraph 1 shall be issued only by a copy of the decision terminating the proceedings in question, without justification.
§ 3. The authorisation to draw up a copy of the minutes of the activity in which the party participated or was entitled to participate, as well as of a document originating from it or drawn up with its participation, may not be denied.
Article 158. [ Attorney's powers] § 1. The prosecutor may review the file of the court case in any state of the case and request that he be sent for that purpose if it does not tame the course of the proceedings and does not restrict access to the file to other participants in the proceedings and, in particular, to the defendant and his/her defender.
§ 2. In the event of transmission of the act, the prosecutor shall be obliged to make it available to the party, the defender or the proxy.
Article 159. [ Denied record release] The refusal of the file to be made available in the preparatory proceedings shall be granted to the parties to a complaint; the order of the prosecutor of the complaint shall be entitled to a court.
Chapter 18
Recovery of missing or damaged files
Article 160. [ Court of First Instance to conduct proceedings] § 1. The proceedings in the event of a disappearance or destruction in whole or in part of an act of a case pending shall be carried out by the court in which the case was last turned up.
§ 2. The Supreme Court carries out such proceedings only in the scope of the restoration of the act of that court.
§ 3. The proceedings in the event of the disappearance or destruction of the file of the final case shall be carried out by the court in which the case is pending in the first instance, or any other court designated in the Act.
§ 4. The file for the preparatory proceedings shall be reproduced by the prosecutor in accordance with the provisions of this Chapter.
Article 161. [ Partial Restore] If the case file is missing or destroyed, the case file shall be restored in the necessary parts for the execution of the decision, the reopening of the proceedings, the conduct of the proceedings in cassation proceedings, or the realisation of other proceedings. legitimate interests of the parties.
Article 162. [ Call to determine how records are to be restored] The President of the Court of Justice or the referendary of the court shall invite the parties to submit, within a given time limit, the conclusions of the manner in which the file is to be recovered and the documents enabling
Article 163. [ Calling for the necessary documents] § 1. The President of the court or the court referendary shall invite the persons with the necessary documents to submit them to the court and, if necessary, the President of the court shall manage their forced receipt. The provisions of Article 4 217-236 shall apply mutatis mutandis.
§ 2. Once certified copies have been drawn up, the documents shall be returned to the person who supplied them or from whom they have been received.
Article 164. [ Replacement procedure] In order to reproduce the file, the court shall carry out the proceedings, including any evidence it deems necessary. In particular, the court shall take into account entries in criminal records, repertoons and other office books, sound or image fixation, notes of the protocates, judges, jurors, prosecutors, lawyers or legal advisers who participated in the trial. The court may also interview as witnesses of all the participants in the case whose file is missing or destroyed, as well as other persons who may be aware of the contents of the file. The parties shall have the right to participate in the meeting.
Article 165. [ Restoration of the case file] § 1. The order in which the case file is recovered determines the scope of the case, or states that it is not possible to recover the record.
§ 2. This provision is subject to a complaint.
Article 166. [ Repetition of process activities] If the file of the case is not completed, or has been recovered in part, the procedural steps shall be repeated to the extent necessary for the continuation of the proceedings.
CHAPTER V
Evidence
Chapter 19
General provisions
Article 167. [ Conducting evidence] The evidence shall be carried out either at the request of the parties or by
Article 168. [ Notoriousness] The facts commonly known do not require proof. The same is true of the facts known by the Authority, but the attention of the parties should be noted. This does not exclude the evidence against the contrary.
Art. 168a. [ Obtaining evidence by means of a prohibited act] Proof cannot be considered inadmissible solely on the ground that it has been obtained in contravention of the provisions of the proceedings or by means of a prohibited act referred to in Article 4 (1) of the regulation. 1 § 1 of the Penal Code, unless the proof has been obtained in connection with the conduct by the officer of the public service obligations, as a result of: homicide, deliberate cause of damage to health or deprivation of liberty.
Art. 168b. [ Obtaining evidence of a crime other than the offence covered by the management of the operational control] Where, as a result of operational control at the request of an authorized body under specific provisions, evidence has been obtained by a person against whom an operational control has been applied, another offence pursued by the authority or treasury crime than the offence covered by the management of the operational control or a criminal prosecution of the office or a tax offence committed by another person than the subject of the management of the operational control, the procurator shall take a decision in the use of that evidence in criminal proceedings.
Article 169. [ Content of the application of evidence] § 1. The proof of evidence and the circumstances to be proved must be provided in the application of evidence. You can also specify how the proof should be performed.
§ 2. The evidentiary application may be intended to detect or evaluate the relevant evidence.
Article 170. [ Dismissal of the proposal] § 1. An evidentiary request shall be dismissed if:
1) the carrying out of the proof is not acceptable
2) the circumstance to be proven does not matter either for the resolution of the case or is already proven in accordance with the applicant's claim;
3) the proof is unsuitable for a statement of the circumstances;
4) the proof shall not be carried out;
(5) the request of evidence is clearly intended to extend the procedure.
§ 2. The evidence can not be dismissed on the grounds that the evidence so far has shown the opposite of what the applicant intends to prove.
§ 3. The dismissal of the evidence shall be in the form of an order
§ 4. The dismissal of the evidence does not preclude the subsequent release of the evidence, even if new circumstances have not been revealed.
Article 171. [ Hearing] § 1. The interrogated person should be allowed to speak freely within the limits of the task concerned, and only further questions can be asked to complete, clarify or control the expression.
§ 2. The right to ask questions have, in addition to the interrogation body, the parties, the defenders, the proxies, and the expert. The questions shall be asked by the person to be interrogated directly, unless the authority interrogating the Management Board otherwise.
§ 3. If the interrogated person has not completed 15 years, the activities of that person shall, as far as possible, be carried out in the presence of a statutory representative or a de facto guardian, unless the good of the proceedings is in the way of the person concerned.
§ 4. Do not ask questions to suggest to the person who is interrogated with the response.
§ 5. It is not acceptable:
1) influencing the statements of the person interrogated by coercion or the threat of unlawful;
2) the use of hypnosis or chemical or technical means affecting the mental processes of an interrogated person or intended to control the unconscious response of her body in connection with the hearing.
§ 6. The hearing authority shall abrogate the questions referred to in § 4, as well as the non-essential questions.
§ 7. Explanations, testimonies and statements made in conditions exclusive of freedom of expression or obtained contrary to the prohibitions mentioned in § 5 shall not constitute evidence.
Article 172. [ Confrontation] Interrogated persons can be confronted in order to explain the contradictions. The confrontation is not acceptable in the case referred to in Article. 184.
Article 173. [ Okazan] § 1. If you are interrogated, you may find someone else's image, or image, or something to recognize it. The lineup should be carried out so as to disable the suggestion.
§ 2. If necessary, the lineup can also be performed to disable the recognition of the person being interrogated by the person being recognized.
§ 3. When showing, the person shown should be in a group of at least four people.
§ 4. The Minister of Justice, in agreement with the Minister responsible for internal affairs, shall determine, by means of a regulation, the technical conditions for the presentation of the presentation, having regard to the need to ensure the smooth functioning of the proceedings, and to the competent authority of the the implementation of the procedural guarantees of its participants.
Article 174. [ Principle of direct evidence] Evidence of the accused's explanations or testimony from the witness must not be substituted for the contents of the letters, records or official notes.
Chapter 20
The accused's explanations
Article 175. [ Right to be heard] § 1. The accused shall have the right to provide explanations; however, he may refuse to answer particular questions or refuse to provide explanations without giving reasons. He should be told about it.
§ 2. Present in the evidence of the accused shall have the right to provide explanations as to any evidence.
Article 176. [ Clarification in writing] § 1. In the preparatory proceedings, the accused should, at his request or his defense counsel, enable the hearing to be heard in writing in the course of the hearing. The interrogators will in this case take measures to prevent an agreement from the defendant with other persons at the time of the written explanations.
§ 2. The hearing may, for important reasons, refuse consent to be heard in writing by the accused.
§ 3. (repealed)
§ 4. The written explanations of the accused, signed by him, indicating the date of their submission, are annexed to the Protocol.
Chapter 21
Witnesses
Article 177. [ Testimonies of witnesses] § 1. Every person called as a witness is obliged to appear and give evidence.
§ 1a. The witness's hearing may be carried out using technical devices enabling this operation to be carried out at a distance with simultaneous direct image and sound transmission. In the proceedings before the court, the witness shall take part in the action at the place of residence of the witness, judicial assistant, assistant to the judge or the official of the court in which the witness district is present.
§ 2. A witness who cannot present himself on the call due to illness, disability or other unovercome obstacles may be interrogated at the place of his stay.
Article 178. [ Proof of proof] You must not be interrogated as witnesses:
1) defense counsel or lawyer acting on the basis of art. 245 § 1 as to the facts of which he learn of the legal advice or conduct the case;
2) The clergy as to the facts of which he learned in confession.
Article 178a. [ Mystery of mediation] He must not be interrogated as a witness to the mediator as to the facts of which he learned from the accused or the victim of the mediation proceedings, excluding information on the offences referred to in art. 240 § 1 of the Penal Code.
Article 179. [ Protection of state secrets] § 1. Persons required to keep secret information classified as 'secret' or 'top secret' may be questioned as to the circumstances for which that obligation extends only after those persons have been released from the obligation of secrecy by the authorised supervisor.
§ 2. Exemptions may be refused only if the submission of a testimony may cause serious harm to the state.
§ 3. The court or prosecutor may request the competent authority of the government administration to release the witness from the obligation of secrecy.
Article 180. [ Professional and professional secrecy] § 1. Persons obliged to keep secret information classified as 'restricted' or 'confidential' or a secret related to the exercise of the profession or function may refuse to testify as to the circumstances for which the obligation extends, unless that the court or the prosecutor for the benefit of the judiciary will release those persons from the obligation of secrecy, if the specific laws do not provide otherwise. The decision on the subject shall be entitled to a complaint.
§ 2. The persons required to preserve the secrecy of notarial, advocate, legal counsel, tax adviser, medical, journalistic or statistical adviser may be interrogated on the facts covered by this secret only if necessary for the good of the judiciary, and the circumstance cannot be determined on the basis of other evidence. In the preparatory proceedings for the hearing or for the consent of the hearing shall be decided by the court, at the meeting without the participation of the parties, within a period of not more than 7 days from the date of service of the prosecutor's request. The order of the court shall be entitled to a complaint.
§ 3. The release of a journalist from the obligation of secrecy shall not apply to data enabling the identification of the author of the press material, the letter to the editorial office or any other material of that nature, as well as the identification of the persons providing the information published or published, if such persons have reserved the above data not to be disclosed.
§ 4. The provisions of paragraph 3 shall not apply if the information relates to the offence referred to in Article 3. 240 § 1 of the Penal Code.
§ 5. The refusal of the journalist to disclose the data referred to in § 3 shall not waive his responsibility for the offence which he has committed by publishing the information.
Article 181. [ Hearing at the hearing with the exception of openness] § 1. In the cases provided for in Article 179 and Art. 180 the court interrogates such a person at the trial excluding public disclosure. This is not the case where the secrecy has been made on the basis of art. 40 par. 2 point 4, art. 40 par. 3 of the Act of 5 December 1996. about the professions of a doctor and a dental practitioner (Dz. U. of 2015 items 464, of late. zm.), art. 14 para. 2 pt. 3 or art. 14 para. 3 of the Act of 6 November 2008. about the rights of the patient and the Ombudsman for Patient Rights (Dz. U. of 2016 r. items 186, 823, 960 and 1070), as provided for by these laws, and in the absence of any opposition thereto.
§ 1a. Where an exemption from secrecy has been made on the basis of and on the basis of the rules referred to in the second sentence of Paragraph 1, the circumstances covered by the secret which have been disclosed at the hearing excluding public disclosure may be disseminated to the public by the person to whom the consent was required to be released from this mystery.
§ 2. The Minister of Justice will determine, by regulation, the way of drawing up, storing and making available the minutes of interrogation of defendants, witnesses, experts and curators, as well as other documents or objects to which it stretches the obligation to preserve the secrecy of classified information or to preserve the secrecy associated with the exercise of the profession or function, as well as the permissible means of citing such hearings, documents and objects in decisions and letters to ensure adequate protection of the secrecy of the unauthorised disclosure.
Article 182. [ Refusal of testimony] § 1. The person closest to the defendant may refuse to testify.
§ 2. The right to refuse a statement continues despite the cessation of marriage or adoption of the marriage.
§ 3. The right to refuse testimonies is also entitled to a witness who is accused of being an accessory in a criminal case in the other pending case.
Article 183. [ Right of waiver of the answer to the question] § 1. A witness may be abrogated from the answer to the question if the answer could expose him or his/her closest to liability for a criminal offence or a treasury offence.
§ 2. A witness may demand that he be heard at the trial excluding publicity, if the contents of the testimony could expose him or his/her closest person to the disgrace.
Article 184. [ Secrecy of circumstances enabling the identity of the witness to be disclosed] § 1. If there is a reasonable fear of danger for life, health, freedom or property in a large size of the witness or person, the court, and the prosecutor in the preparatory proceedings, may issue a decision on the conduct of the the secrecy of the circumstances enabling the identity of the witness, including personal data, to be disclosed, if they are not relevant to the decision on the case. The proceedings in this respect shall be held without the participation of the parties and shall be covered by the secret as classified information of the 'secret' or 'top secret' classification. The order shall dismiss the circumstances referred to in the first sentence.
§ 2. In the event of the adoption of the order referred to in § 1, the circumstances referred to in that provision shall remain solely for the court and the prosecutor's office, and, where appropriate, the police officer conducting the proceedings. The minutes of the witness interrogation may only be made available to the defendant or defender in such a way as to prevent the disclosure of the circumstances referred to in § 1.
§ 3. A witness shall be heard by the public prosecutor and the court which may order that action to be carried out by the Judge designated from his or her composition, in a place and in such a way as to prevent the disclosure of the circumstances referred to in paragraph 1. In the hearing of the witness by the court or the judge appointed shall have the right to take part of the prosecutor, the defendant and his defender. Article Recipe The second sentence of Article 396 (3) shall apply mutatis mutandis.
§ 4. If a witness is heard using the technical devices to carry out this task at a distance, the minutes of the operation of the specialists shall be indicated by their names, surnames, specialities and the nature of the action to be performed. Article Article § 205 § 3 does not apply.
§ 5. The order in respect of the secrecy of the circumstances referred to in paragraph 1, to the witness and to the defendant, and in the proceedings before the prosecutor, shall be entitled to a complaint within 3 days. A complaint against the prosecutor's order recognizes the court's jurisdiction to hear the case. The proceedings concerning the complaint shall be held without the participation of the parties and shall be covered by the secret as classified information of the 'secret' or 'top secret' classification.
§ 6. If the complaint is taken into account, the examination of the witness shall be destroyed; the destruction of the protocol shall be made reference to the file.
§ 7. The witness may, until the closing of the court wire before the court of first instance, request the waiver of the order referred to in § 1. The request shall serve as a complaint. The provisions of § 5 shall apply mutatis mutandis. In the event of an application being taken into account, the oral hearing protocol shall be disclosed in full
§ 8. If, at the time of the issuing of the order referred to in paragraph 1, there was no reasonable concern for the danger of life, health, liberty or property in a significant size of the witness or of the person closest to it, or that the witness filed a statement of reasons, knowingly false testimony or its disclosure, the procurator in the preparatory proceedings, and in court proceedings, at the request of the prosecutor, may repeal this provision. The provisions of § 5 shall apply mutatis mutandis. The protocol of the witness interrogation shall be disclosed in full.
§ 9. The Minister of Justice shall determine by way of regulation the manner and conditions of the application for a decision referred to in § 1, the interrogation of the witness to which the provision was issued, and the drawing up, storage and making available to the witness. the minutes of the interrogation of this witness, as well as the permissible way of relying on his testimony in procedural rulings and pleadings, with a view to ensuring proper protection of the secrecy of the circumstances enabling the identity of the witness to be disclosed before unauthorised disclosure.
Article 185. [ Exemption from the submission of testimony or answers to questions] It may be exempted from the submission of a statement or a reply to a question from a person who is in a particularly close personal relationship with the accused person, where such a person requests an exemption.
Art. 185a. [ The interrogation of the minor urged] § 1. In cases of crimes committed with the use of violence or a threat of unlawful or defined in Chapters XXIII, XXV and XXVI of the Penal Penal Code, which at the time of the hearing is not completed 15 years, shall be questioned as a witness only then, when his testimony may be relevant for the resolution of the case, and only once, unless the relevant circumstances are revealed, the explanation of which needs to be heard again, or is requested by the accused, who did not have a defender in time the first hearing of the victim.
§ 2. The hearing shall be carried out by the court at the meeting with the attendant psychologist. The prosecutor, the defender and the victim's plenipotentiary have the right to attend the hearing. Person referred to in Article 51 § 2 or the person of the age indicated by the victim referred to in § 1 shall also be present at the hearing if this does not restrict the freedom of expression of the interrogated person. If the defendant is not in possession of a choice of defence counsel, the court shall appoint a defender of his own motion.
§ 3. The main hearing shall reproduce the recording of the hearing and the sound of the hearing, and the interrogation protocol shall be read.
§ 4. In cases of offenses referred to in § 1 of a minor urged who, at the time of the hearing, he has completed 15 years, shall be heard under the conditions laid down in § 1-3, where there is a legitimate concern that the hearing in other conditions could have been made negative impact on his mental state.
Art. 185b. [ Hearing of a minor witness] § 1. In cases of crimes committed with the use of violence or a threat of unlawful or defined in chapters XXV and XXVI of the Criminal Code of a witness, who at the time of the hearing has not completed 15 years, shall be questioned under the conditions laid down in art. 185a § 1-3, if the testimony of this witness may be of significant importance for the resolution of the case.
§ 2. In cases of criminal offence referred to in § 1, a minor witness who, at the time of the hearing, has completed 15 years, shall be heard in accordance with the procedure laid down in Article 1. 177 § 1a, where there is a legitimate concern that the direct presence of the accused at the hearing could have an impact on the witness's testimony or adversely affect his or her mental state.
§ 3. The provisions of paragraphs 1 and 2 shall not apply to a witness who is a member of a witness who is a criminal offence, or a witness whose act is in connection with an act of criminal proceedings.
Art. 185c. [ Notification of a criminal offence] § 1. In cases of criminal offences referred to in Article 197-199 Penal code of the criminal notice, if it consists of hives, should limit itself to indicating the most important facts and evidence.
§ 2. The hearing of the victim as a witness shall be held by the court at the meeting in which the prosecutor, the defender and the plenipotentiary are entitled to take part. The main hearing shall reproduce the recording of the hearing and the sound of the hearing, and the interrogation protocol shall be read.
§ 3. If the victim is to be heard again as a witness, the hearing shall be carried out in the manner indicated in the Article. 177 § 1a, where there is a legitimate concern that the direct presence of the accused at the hearing could have an impact on the testimony of the victim or exert a negative influence on his or her mental state.
§ 4. Where a hearing is carried out with a psychologist, it shall be ensured, at the request of the victim, that he or she may be of the same sex as the victim, unless this is hindered by the conduct of the proceedings.
Art. 185d. [ Hearing] § 1. Hearings in accordance with the procedure laid down in Article 185a-185c shall be carried out in suitably adapted premises at or outside the seat of the court.
§ 2. The Minister of Justice shall determine, by means of a regulation, the manner in which the interrogation procedure referred to in paragraph 1 is to be prepared and the conditions to be followed by the premises intended to carry out such hearings, including those of technical equipment, having regard to the need to ensure freedom of expression and the security of the interrogated persons.
Article 186. [ The exercise of the right to refuse testimonies] § 1. Person entitled to refuse to testify or exempt on the basis of Article 185 may declare that it wishes to exercise this right, but not later than before the beginning of the first testimony in the court proceedings; the previously submitted testimony of that person cannot then serve as proof or be restored.
§ 2. In criminal proceedings, the records of the visual inspection of the body shall be disclosed at the hearing, if the person subjected to the investigation has refused to be heard or heard or has been released on the basis of an article. 182 or Art. 185.
Article 187. [ Confessions under oath] § 1. A pledge from a witness may take only the court or the appointed judge.
§ 2. Witness shall make a pledge before the statement.
§ 3. You may refrain from rejecting a pledge from a witness if the present parties do not oppose it.
Article 188. [ Promise] § 1. The witness makes a pledge by repeating the words: "Aware of the meaning of my words and the responsibility before the law, I promise to solemnly say that I will speak with sincere truth, without hiding anything from what is known to me."
§ 2. At the time of the pledge, everyone, without excluding the judges, is standing.
§ 3. The deaf and deaf people make a pledge by signing the text of the pledge.
§ 4. A witness who, in a given case, has already made a pledge, shall be reminded of the court at the hearing, unless he/she deems it necessary to redeem the pledge.
Article 189. [ Prohibition of vows] You do not receive a promise:
1) from persons who have not completed 17 years;
2) where there is a reasonable suspicion that a witness due to a mental disorder does not appear to be duly aware of the importance of the pledge;
3) when a witness is a person suspected of committing a criminal offence being the subject of proceedings or remaining in close connection with the act constituting the subject of the proceedings or when the offence was convicted;
4) when the witness was legitimised for false testimony or prosecution.
Article 190. [ Confidence of criminal liability] § 1. Prior to the start of the interrogation, a witness shall be advised of criminal responsibility for the testimony of the untruth or concealment of the truth.
§ 2. In the preparatory proceedings, the witness shall sign a statement that he has been warned of this responsibility.
Article 191. [ Interview mode] § 1. The hearing shall begin with a witness ' s inquiry about the name, age, seizure, criminality for false testimony or accusation and attition to the parties.
§ 1a. The residence of the witness shall be determined on the basis of an identity document or a written statement of the witness.
§ 1b. The questions asked by a witness shall not seek to reveal his place of residence or his place of work, unless that is relevant to the resolution of the case.
§ 2. The witness should be warned about the content of art. 182, and about the content of art. 183 and Art. 185, if the circumstances covered by these provisions are revealed.
§ 3. (repealed)
Article 192. [ A visual inspection and medical examination of the victim and witness] § 1. If the criminality of the act depends on the condition of the victim's health, he may not oppose the visual inspection or examination not combined with the surgical procedure or observation in the medicinal plant.
§ 2. If there is doubt as to the mental state of a witness, his state of mental development, the ability to see or play by him, the court or prosecutor may order the hearing of a witness with the attendance of a expert doctor or an expert psychologist, and a witness can't object to that.
§ 3. The provisions of paragraphs 1 and 2 shall not apply to persons who have refused or have been exempted from the evidence under Article 3. 182 § 1 and 2 or art. 185.
§ 4. For the purpose of the evidence, a witness may also be subjected to the examination of the body and medical or psychological examination, with the consent of the witness.
Art. 192a. [ Measures constituting evidence] § 1. In order to limit the circle of persons suspected or to determine the value of the evidence revealed, dactyloscopic prints, mucosal swabs of the cheeks, hair, saliva, handwriting, scent, photographic, or voice fixation can be downloaded. After use in the case where the collection or fixation has been made, the material collected or perpetuated unnecessary for the proceeding shall be immediately removed and destroyed.
§ 2. In the cases referred to in paragraph 1, with the consent of the test person, the expert may also apply technical measures to control the unconscious reaction of the person's organism.
§ 3. Studies and activities referred to in § 1 and Art. 192 (1) shall be carried out in accordance with the conditions and in the manner laid down in the provisions adopted on the basis of art. 74 § 4.
Chapter 22
Fluent, translators, specialists
Article 193. [ Opinion of the expert] § 1. Where the statement of circumstances relevant for the resolution of a case requires a special message, it shall consult the experts or experts.
§ 2. In order to give an opinion, it may also be referred to a scientific or specialised institution.
§ 3. In the event of the appointment of experts in the field of different specialities, whether they are to carry out studies jointly and to issue a single joint opinion or separate opinions, it shall be decided by the pleade-based body of the experts.
Article 194. [ A determination to allow proof from an expert's opinion] The provision of evidence from the expert's opinion shall be made in the order in which it is to be indicated:
1. the name, surname and speciality of the expert or expert, and in the event of the opinion of the institution, where necessary, the speciality and qualifications of the persons who should take part in carrying out the expert opinions;
2) the subject matter and scope of the expertise with the formulation, where necessary, of the specific questions;
3) deadline for delivery of the opinion.
Article 195. [ Persons obliged to carry out the duties of the expert] Not only are judicial experts, but also any person who is known to have the relevant knowledge in the field, to perform an expert task.
Article 196. [ Exemption of expert] § 1. They shall not be the experts of the persons referred to in Article 4. 178, 182 and 185, and those to whom the relevant reasons for the exemption referred to in Article 4 apply. 40 § 1 points 1-3 and 5, the persons appointed in the case as witnesses, and persons who witnessed the act.
(2) If the reasons for the exclusion of the expert mentioned in paragraph 1 have been disclosed, the opinion issued by him shall not constitute evidence, and another expert shall be appointed to the place of the expert.
§ 3. If there are grounds for undermining confidence in the knowledge or impartiality of the expert or other compelling reasons, he shall be appointed by another expert.
Article 197. [ Provection of the expert] § 1. The expert makes the pledge of the following text: "Aware of the importance of my words and of the responsibility of the law, I pledge solemnly that I am entrusted with all my duties with all conscientiousness and impartiality."
§ 2. The court of the court refers to the pledge made in establishing it in that capacity.
§ 2a. Where there is a legitimate concern to the use of violence or of a threat to the expert or to the person closest to his or her activities, he may reserve the data relating to his place of residence for the sole message of the prosecutor or of the court. The pleadings shall then be served on the institution in which the expert is employed or at any other address indicated by him.
§ 3. The provisions of Article 4 (1) shall apply mutatis mutandis. 177, Art. 179-181, art. 187, art. 188 § 2 and 4, art. 190 and Art. 191 § 1.
Article 198. [ Providing an expert record of the case] § 1. Where necessary, the expert file shall be made available to the expert to the extent necessary for the opinion and shall be called upon to take part in the evidence.
§ 2. The procedural authority may reserve its presence when carrying out some or all of the tests, if this does not adversely affect the result of the test.
§ 3. Where necessary, the procedural authority may amend the scope of expert reports or questions and put additional questions.
Article 199. [ Proof of proof] The defendant's statement of the defendant's medical assistance to the defendant in respect of his alleged deed may not constitute evidence.
Art. 199a. [ The use of technical measures controlling the unconscious reaction of the organism] The use of technical means at the time of examination for the control of uninformed reactions of the test person may only be possible with the consent of the expert. Article Article 199 does not apply.
Article 200. [ Content and form of opinion] § 1. Depending on the request of the procedural authority, the expert shall give an opinion orally or in writing.
§ 2. The opinion shall include:
1. first name, surname, degree and scientific title, speciality and professional position of the expert;
(2) the names and other data of other persons who have participated in the expert report, indicating the activities carried out by each of them;
3) in the event of an opinion of the institution-also the full name and seat of the institution
4) the time of the tests performed and the date of the opinion;
5) a report on the activities and observations carried out and the conclusions based thereon;
6) the signatures of all the experts who participated in the opinion issue.
§ 3. Persons who have participated in the opinion may, if necessary, be interrogated in the capacity of experts, and persons who have participated only in the studies, as witnesses.
Article 201. [ Addendum or replenification] If the opinion is incomplete or unclear, or if there is a contradiction in the opinion itself or between different opinions on the same matter, it may be called again for the same experts or the same experts.
Article 202. [ Opinion on the mental health status of the accused] § 1. In order to give an opinion on the mental health status of the accused court, and in the preparatory proceedings the prosecutor, he appoints at least two expert psychiatrists.
§ 2. At the request of the psychiatrists to participate in the opinion of the psychiatrists, there shall also be relied on experts or experts of other specialities.
§ 3. To participate in the release of an opinion on the state of the mental health of the accused, in terms of sexual preference disorder, the court, and in the prosecutor's preparatory proceedings, appoints the expert of a sexual psychologist.
§ 4. The experts may not be married in a marriage or any other relationship which could give rise to reasonable doubt as to their independence.
§ 5. The expert's opinion should include statements on both the defendant's position at the time of the criminal offence and his current mental health status, and in particular whether he/she permits the accused to participate in the to conduct a defence in a self-contained and reasonable manner and, where appropriate, to ascertain the circumstances referred to in Article 4 (1) of the Rules of Procedure of the European Commission. 93b of the Penal Code.
Article 203. [ Observation in the treatment facility] § 1. In the event of a notification by the experts of such a necessity, the examination of the mental health of the accused may be combined with observation in the treatment facility only if the evidence collected indicates a high probability that the accused has committed crime. Article Recipe 259 § 2 shall apply mutatis mutandis, unless the accused seeks to subject him to observation.
§ 2. The need for observation in the medical establishment shall be decided by the court, specifying the place and duration of the observations. In the preparatory proceedings, the court shall adjudicate upon the prosecutor's request. The provisions of Article 4 156 § 5a and art. 249 § 3 and 5 shall apply mutatis mutandis.
§ 3. Observation in a medical facility should not last longer than 4 weeks; at the request of the establishment, the court may extend that period for a limited period of time required to complete the observation; the total duration of observations in a given case may not exceed 8 weeks. They shall immediately inform the court of the conclusion of the observations.
§ 4. The provisions referred to in paragraphs 2 and 3 shall be entitled to a complaint. The court recognizes the complaint immediately.
§ 5. The Minister for Health, in consultation with the Minister of Justice, will determine, by means of a regulation, a list of psychiatric establishments and outpatient treatment facilities intended to carry out observations, including the execution of observations persons deprived of their liberty, and the means of financing the observations, as well as the conditions for securing the establishments for persons deprived of their liberty, bearing in mind the need to ensure the smooth running of the proceedings.
Article 204. [ Translator] § 1. An interpreter shall be called if there is a need for a hearing:
1) deaf or mute, and it is not enough to deal with it by means of a letter;
2) a person who is not in the Polish language.
§ 2. The translator should also be called upon, if there is a need to translate the language of the foreign language into the Polish language, or vice versa, or to consult the parties with the content of the proof that is carried out.
§ 3. The provisions relating to experts shall be applicable to the interpreter.
Article 205. [ Specialist] § 1. If a visual inspection, interrogation with technical devices enabling this activity to be carried out at a distance, experiment, expert opinion, detention or search requires technical operations, in particular such as the execution of measurements, calculations, photographs, fixation of traces, can be used for the participation of specialists.
§ 2. A specialist who is not an officer of the procedural bodies may be called, before proceeding with the task, to submit the following promise: " Aware of the importance of the task entrusted to me and the responsibility before the law, I pledge Solemnessness, that I am entrusted with my duties with all my conscientiousness and impartiality. "
§ 3. The minutes of the activity carried out with the specialists shall indicate their names, speciality, place of residence, place of work and position, and indicate the nature and extent of the activities carried out by each of them.
Article 206. [ Relevant application of the provisions] § 1. The experts shall apply mutatis mutandis to experts, except in the case of art. 194, 197, 200 and 202.
§ 2. If necessary, you can interrob specialists in the capacity of witnesses.
Chapter 23
Visual inspection. Opening of corpses. Process experiment
Article 207. [ Oględzin] § 1. If necessary, there shall be a visual inspection of the place, person or thing.
§ 2. If the subject may be subject to examination of destruction or distortion, part of that object shall be preserved in the unaltered state when it is not possible, and if this is not possible, the state shall be preserved in any other way.
Article 208. [ Examination of body or body examination] Visual inspection or examination of the body which may cause the feeling of shame should be made by a person of the same sex, unless it is associated with particular difficulties; other persons of different sex may be present only if necessary.
Article 209. [ Oględzin and the opening of a corpse] § 1. If there is a suspicion of criminal infliction of death, a visual inspection shall be carried out and the body shall be opened.
§ 2. On the other hand, the procurator is prosecuting, and in court proceedings, the court, with the participation of a medical examiner, as far as possible from the field of forensic medicine. In urgent cases, the police shall be required to notify the prosecutor without delay.
§ 3. The corpse is carried out at the site of their finding. Until the arrival of the expert and the prosecutor or the court move or move the corpse, it may be necessary only if necessary.
§ 4. The opening of a corpse shall be carried out by a doctor, as far as possible in the field of forensic medicine, in the presence of a prosecutor or In the proceedings before the court of law. 396 (1) and (4) shall apply mutatis mutandis.
§ 5. In addition to the expert, the doctor who has recently provided assistance to the deceased may, if necessary, be present at the time of the opening of the body and the opening of the body. With the visual inspection and opening of the body, the expert shall draw up an opinion in accordance with the requirements of the Article. 200 § 2.
Article 210. [ Exshumation] In order to make a visual inspection or opening of the body, the prosecutor or the court may order the removal of the remains from the grave.
Article 211. [ Process Experiment] In order to verify the circumstances relevant to the case, it may be carried out, by means of a procedural experiment, of the experience or of the reproduction of the conduct which is the subject of a diagnosis of events or fragments thereof.
Article 212. [ Hearing] Interrogations or other evidence may also be carried out in the course of a visual inspection or a trial experiment.
Chapter 24
Environmental intelligence and examination of the accused person
Article 213. [ Determination of data relating to the accused] § 1. In the proceedings, the accused's identity should be determined, his number of the General Electronic Civil Records System (PESEL), and in the case of a person without a PESEL number-the number and name of the document stating the identity and the name of the authority which issued a document, as well as the accused's age, his family and property relations, education, profession and source of income, data on his criminality, and, where possible, the telephone number or email address enabling contacting the accused and Tax Identification Number (NIP). As regards the accused who is a public officer at the time of the offence or during the proceedings, data on the course of public service, distinctions and disciplinary punishments shall also be collected.
§ 1a. If necessary, the prosecutor, another body conducting the preparatory proceedings or the court obtains information from the telecommunity system of the minister competent for public finance matters concerning the property relations and sources of income of the accused, including conducted and completed tax proceedings, on the basis of the current data located on this system. The information shall be obtained by electronic means.
§ 2. If the suspect was already legally convicted, to determine whether the offence was committed under the terms of art. 64 Penal Code or Treasury Crime-under the terms of art. 37 § 1 point 4 of the Tax Criminal Code, shall be attached to the act of proceedings of a copy or extract of the sentence and the data on the serving of a sentence; these documents shall also be attached in matters of crime.
§ 2a. Where the body conducting the proceedings has been informed of a final conviction, the provision of § 2 shall apply mutatis mutandis to the convictions handed down by a court of another Member State of the European Union.
§ 3. (repealed)
§ 4. The Minister of Justice, in agreement with the Minister responsible for public finance, shall determine, by means of a regulation, the model and the detailed scope of the information referred to in § 1a and the way in which it is to be followed in order to obtain it, with a view to obtaining the the need for the authority to obtain the necessary data for the achievement of the objectives of the process, the maintenance of the statutory secrecy requirements and the reference periods adopted for each of the tax obligations.
Article 214. [ Environmental Interview] § 1. If necessary, and in particular where it is necessary to establish the data on the personal characteristics and conditions and the way in which the accused is present, the court and, in the preparatory proceedings, the prosecutor shall manage against the accused person conducting an environmental interview by a court curator or other entity entitled under separate regulations, and in particularly justified cases by the Police.
§ 2. The conduct of environmental intelligence is mandatory:
1) in matters of crimes;
2) in relation to the accused, who at the time of the act did not finish 21 years of age, if he had been accused of committing a deliberate act against life.
§ 3. Environmental intelligence may not be carried out in relation to the accused, who is not resident in the country of residence.
§ 4. The outcome of an environmental interview shall include in particular:
1) name and surname of the person conducting the interview;
2) the name and surname of the accused;
3) a concise description of the defendant's life so far and accurate information about the accused's environment, including family, school or professional, and is given information on his assets and sources of income;
4) information concerning the state of the accused's health, and about the abuse by him of alcohol, narcotic drugs, surrogate agents or psychotropic substances;
5) own insights and conclusions of the person conducting the interview, especially concerning the properties and personal conditions and the previous way of life of the accused.
§ 5. Data on individuals who provided information in the framework of an environmental interview, the person conducting the interview shall disclose only at the request of the court, and in the preparatory proceedings-the prosecutor.
§ 6. Persons who have provided information in the framework of an environmental interview may be interrogated in the capacity of witnesses if necessary.
§ 7. The police shall be obliged to give an interview to the person responsible for the performance of the tasks related to the environmental interview in order to ensure its safety.
§ 8. The person appointed to carry out an environmental interview shall apply mutatis mutandis to the exclusion of a Judge. The court will rule on this court, and in the preparatory proceedings, the prosecutor.
§ 9. The Minister of Justice, in agreement with the Minister responsible for internal affairs, will determine, by means of a regulation, the rules of procedure for carrying out an environmental interview and a specimen of the questionnaire, bearing in mind the need to ensure the collection of exhaustive data on the accused person.
Article 215. [ Examination of the accused by experts of psychologists or doctors] If necessary, the court, and in the preparatory proceedings of the prosecutor, may order the examination of the accused by experts of psychologists or doctors with the conduct of the rules laid down in art. 74.
Article 216. [ Interview of the presenters of the interview] If necessary, you may be interrogated as witnesses of the person who interviewed.
Chapter 25
Stopping things. Search
Article 217. [ Stop things] § 1. Goods liable to constitute evidence in the case or subject to the seizure of financial penalties, criminal measures of a property, forfeiture, compensatory measures or claims for redress shall be issued at the request of the court or tribunal or the prosecutor, and in cases of urgent delay-also at the request of the Police or any other authorized body.
§ 2. A person who is subject to the issue shall be called upon to surrender voluntarily.
§ 3. Where things are stopped, provision shall be made for the provision of Article 4 228. The Protocol may not be drawn up if the matter is attached to the file.
§ 4. If the issue is requested by the Police or any other authorized body acting in its own right, the person to issue shall have the right to submit an application for the drawing up and service of the order of the court or procurator of the approval of the detention, as soon as possible, of which It should be taught. Service should be effected within 14 days of the arrest of the goods.
§ 5. In the event of a voluntary refusal of a voluntary issue, it may be carried out. The provisions of Article 4 220 § 3 and art. It shall apply mutatis mutandis.
Article 218. [ Issue of correspondence and consignments] § 1. Offices, institutions and entities operating in the field of post office or telecommunications activity, customs offices and transport undertakings and undertakings shall be obliged to issue to the court or to the prosecutor, upon request, the provisions of the order, the correspondence and consignments and the data referred to in Article 180c and 180d of the Act of 16 July 2004. -Telecommunications law (Dz. U. of 2014 items 243, of late. zm.), if they are relevant for the ongoing proceedings. Only the court or the prosecutor shall have the right to open them or to order them openly.
§ 2. The order referred to in paragraph 1 shall be notified to the addressees of the correspondence and to the subscriber of the telephone or consignor whose list of connections or other communications has been issued. The service of the order may be deferred for a period of time marked, necessary for the good of the case, but not later than at the time when the proceedings have been terminated.
§ 3. Without prejudice to criminal proceedings, correspondence and consignments shall be returned immediately to the competent authorities, institutions or undertakings referred to in paragraph 1.
Article 218a. [ IT Data Protection] § 1. Offices, institutions and entities conducting telecommunications activities are obliged to secure, at the request of the court or the prosecutor, contained in the order, for a limited period of time, however, not exceeding 90 days, the data stored in the case of information stored in the in devices that contain this data on the media or in an IT system. Article Recipe The second sentence of Article 218 (2) shall apply mutatis mutandis.
§ 2. The meanings of the information referred to in § 1 for criminal proceedings shall be immediately released from the security.
Article 218b. [ Delegation] The Minister of Justice, in agreement with the Minister responsible for communication, the Minister responsible for computerisation, the Minister of National Defence and the Minister responsible for internal affairs shall determine, by means of a regulation, the technical means preparation of systems and networks for the transmission of information-for the collection of data referred to in Article 218 § 1, which is not the content of a telephone conversation or other communication, as well as ways of securing IT data on devices containing such data and in systems and IT data carriers, bearing in mind the need to protect these data from loss, distortion or unauthorised disclosure.
Article 219. [ Search Rooms] § 1. In order to detect or stop or forcible a suspected person, and to find things that may constitute evidence in the case or subject to a seizing of criminal proceedings, a search may be made of the premises and other premises. places where there are reasonable grounds to believe that the person suspected or listed there are.
§ 2. In order to find the items listed in § 1 and subject to the condition specified in this provision, a search may also be made of the person, her clothing and the textbook items.
Article 220. [ Crawling mode] § 1. A search may be carried out by the prosecutor or by the order of the court or the prosecutor of the Police, and in the cases referred to in the Act-also another authority.
§ 2. The order of the court or the prosecutor should be shown to the person in whom the search is to be carried out.
§ 3. In urgent cases, where the order of the court or of the prosecutor could not be issued, the search authority shall find the order of the manager of his/her unit or the service card and shall then be returned immediately to the court or tribunal or Prosecutor for the approval of the search. The order of the court or procurator on the subject of approval shall be served on the person in whom the search was carried out within seven days of the date of the action on the request to that person for the minutes. You should be instructed about the right to request a request.
Article 221. [ Night-time search] § 1. The search for inhabited premises may be carried out at night only in urgent cases; for night time, the time shall be taken from 22 to 6 hours.
§ 2. The search started during the day can still be carried out despite the night time.
§ 3. At night, you can search the premises available at that time for an unspecified number of people or for storage of objects.
Article 222. [ Notice of People entitled to Crawl] § 1. When a search of a premises or a closed site belonging to a state or local authority is commenced, it shall be notified to the manager of the institution or his/her deputy or the parent and to allow them to do so. participate in the task.
§ 2. The search of the space seized by the military can occur only in the presence of the commander or the person designated by him.
Article 223. [ Searches for person and clothing] Searches for persons and clothing on it shall be carried out as far as possible through a person of the same sex.
Article 224. [ Calling for voluntary release of wanted items] § 1. Before you start a search, you must notify you of the target and call for the items you are looking for.
§ 2. During a search, the person mentioned in § 1 and the person who is taken by the operator shall be entitled to be present. In addition, a person may be present as indicated by the person in whom a search is carried out, if this does not prevent the search or does not make it difficult to do so.
§ 3. If there is no room at the site of the search, at least one adult house or neighbour shall be summoned to the search.
Article 225. [ Preservation of secrecy] § 1. If the head of a state or local authority, or a person who has been detained or searched for, declares that he or she has issued or found a document or other document contains information, implicit or confidential messages of professional secrecy or other legally protected secrecy, or a personal character, the body carrying out the act shall immediately transmit the letter or other document without reading it to the prosecutor or to the court in the sealed package.
§ 2. The mode indicated in § 1 shall not apply to letters or other documents which contain classified information of the 'restricted' or 'confidential' clause, or concern professional secrecy or other legally protected secrecy, if the holder of the information is is a person suspected of having committed a criminal offence, or in relation to writings or other personal documents of which it is a holder, author or addressee.
§ 3. If the defender or other person from whom the issue is requested or in which the search is carried out, declares that the documents issued or found in the course of the search of the document or other documents cover the circumstances surrounding the exercise of the functions of the defender, the authority the carrying out of the task leaves those documents to the person concerned without being acquainted with their contents or appearance. If, however, the declaration by a non-defended person is in doubt, the body carrying out the task shall forward the documents in accordance with the rigors referred to in paragraph 1 to the court, which shall, after hearing the documents, return them in whole or in part, the rigors referred to in paragraph 1, the person from whom they were taken or shall issue a decision to detain them for the purpose of the proceedings.
§ 4. The authority conducting the action, whether issued, received or found in the course of the search, shall forward, subject to the rigours laid down in paragraph 1, the court or the prosecutor.
Article 226. [ Prohibitions and restrictions on the use of documents containing secret] In respect of the use of documents containing classified information or professional secrecy as evidence in criminal proceedings, the prohibitions and restrictions laid down in Article 4 shall apply accordingly. 178-181. However, in the preparatory proceedings of the use, as evidence, of documents containing the medical confidentiality shall be decided by the prosecutor.
Article 227. [ Preserving the moderation and respect for the dignity of persons] The search or detention of things should be done in accordance with the purpose of this task, with the preservation of the moderation and respect for the dignity of the persons concerned, and without causing unnecessary damage and discomfort.
Article 228. [ Submission of items to store] § 1. Objects issued or found at the time of the search shall be carried out after visual inspection, examination of the census and the description taken, or surrender to the person trustworthy with an indication of the obligation to present at any request by the operator. proceedings.
§ 2. The same shall be done with the items found at the time of the search of the objects liable to constitute evidence of any other criminal offence, or of which it is prohibited.
§ 3. Interested persons should be immediately presented with a receipt stating what subjects and by whom they have been detained.
Article 229. [ Stop things or search protocol] The protocol of detention or search should, in addition to the requirements set out in the Article. 148 and Art. 148a, shall include the designation of the case with which the detention of the goods or the search is related, and the exact time of the commencment and termination of the task, the exact list of the retained items and, where necessary, their description, and an indication of the order of the court or prosecutor. If the request has not been issued beforehand, a reference shall be made in the minutes of the notification of the person whose application has been carried out to receive an order for the approval of the operation.
Article 230. [ Reimbursement of things to the person entitled] § 1. If the detention of a thing or a search has taken place without prior command of the court or the prosecutor, and within 7 days of the day of the action has not been approved, it shall immediately return the detained items to the authorized person, unless it has taken place voluntary surrender and the person has not submitted the application referred to in Article § 4.
§ 2. It should also be returned to the person who is entitled to the retained item as soon as they have been expendable for the criminal proceedings. If there is a dispute over the ownership of things, and there is no sufficient data to resolve immediately, the persons concerned shall be referred to the way in which the civil process is in progress.
§ 3. The possession of which shall be prohibited shall be forwarded to the competent authority or institution. If things have scientific, artistic or historical value, at the request or with the consent of the museum, they can be transferred to this museum.
Article 231. [ Submitting things to a court deposit] § 1. If there is a doubt to whom the detained thing should be issued, the court, the court referendary or the prosecutor shall make it to the court or give the person a trustworthy person until the right of receipt is clarified. The provisions on the disposal of deposits and non-received items shall apply mutatis mutandis.
§ 2. Subjects of scientific, artistic or historical value shall be given for the storage of the museum or other competent institution.
Article 232. [ Sales of things] § 1. Items which are rapidly destroyed or which have been combined with disproportionate costs or excessive difficulties or would result in a significant reduction in the value of the goods may be sold according to the mode specified for the the competent authorities of the executive proceedings The order for sale in the preparatory proceedings may issue a prosecutor, and in a court proceedings a court or a court referendary.
§ 2. The obtained monetary amount shall be transferred to the court.
§ 3. The time and conditions of the sale shall be notified to the accused and other persons concerned, as far as possible.
Art. 232a. [ Storing items and substances posing a danger] § 1. Articles and substances posing a risk to life or health, and in particular weapons, ammunition, explosives or flammable materials, radioactive materials, poisonous substances, suffocating or parting substances, intoxicants, substances psychotropic substances or preparations thereof, and precursors of category 1, as well as tobacco products and alcoholic beverages, shall be kept in place and in such a way as to ensure that they are properly protected.
(2) If, in order to ensure the proper course of the proceedings, it is sufficient to keep the samples in the quantity necessary to carry out the examination of the objects or substances referred to in paragraph 1, the court competent to identify the case or the referendary of the court shall be the prosecutor's request, immediately manages the destruction in whole or in part of the remaining quantities of objects or substances unnecessary for the tests to be carried out.
§ 3. If the court or referendary of the court has ordered the destruction of the parts of the objects or substances referred to in paragraph 1, it shall at the same time indicate in the order the place and time of storage of the remaining part of the quantity necessary for the tests to be carried out.
§ 4. Objects and substances posing a direct danger to life or health by the possibility of explosion of explosives or flammable, other violent liberation of energy, the spread of poisonous substances, suffocating or The provisions of Article 2 of the Treaty on the European Community and the Council of the European Community shall be adopted in accordance with the provisions of Article 4 of the Treaty on the European Community, and in accordance with the provisions of the Treaty on the European Community.
§ 5. The Council of Ministers shall, by regulation, determine the entities entitled to store and destroy the objects and substances referred to in paragraph 1, and their samples, the specific conditions, the manner and location of their storage, and the conditions and manner in which they are to be stored. their destruction, bearing in mind the need to ensure the proper course of the procedure and its costs.
Article 233. [ Storing money] When depositing national payment or foreign exchange values into storage, the body shall, by forwarding it, determine the nature of the deposit and the manner in which the regulation is to be used for the storage of the values.
Article 234. [ Regulation subject to the receipt or security of the Regulation] Regulations made after its receipt or security are ineffective in relation to the State Treasury.
Article 235. [ The competent authorities on the detention of belongings and hearings] The court or referendary of the court shall carry out the activities provided for in this chapter in the court proceedings, and the prosecutor in the preparatory proceedings, unless the law provides otherwise.
Article 236. [ The complaint to the order relating to the search and detention of items and the evidence of factual evidence] § 1. The order relating to the search, the detention of goods and the evidence of factual evidence and other acts shall be entitled to the complaint of the persons whose rights have been infringed; a complaint to the order issued or the act in question the preparatory judgment of the district court in which the proceedings are carried out.
(2) If, however, a provision or order has been issued by a judicial referendary, Article 2 (1) shall apply. 93a § 3 and 4.
Art. 236a. [ Information data] The provisions of this Chapter shall apply, as appropriate, to the operator and the user of the device containing the information or information system, to the extent of the data stored on the device or system or on the media in which the data is stored. It has its own disposal or use, including correspondence sent by e-mail.
Chapter 26
Audit and recording of conversations
Article 237. [ Trash] § 1. After the opening of the proceedings, the court at the request of the prosecutor may order the control and perpetuation of the contents of telephone conversations in order to detect and obtain evidence for the ongoing proceedings or to prevent the commission from committing a new offence.
§ 2. In urgent cases, the control and fixation of telephone calls may order a prosecutor who is required to ask the court within 3 days to approve the order. The Tribunal shall issue a decision on the application within 5 days of the meeting without the parties ' participation. In the case of non-approval of the order of the prosecutor, the court in the order issued on the application shall manage the destruction of all persisted records. The appeal of the order shall suspend its implementation.
§ 3. The control and fixation of the contents of telephone conversations shall be admissible only if the ongoing proceedings or the justified concern for the commission of a new offence are:
1) killings;
2) exposure to the general risk or to the catastrophe;
3. trafficking in human beings;
4) abduction of the person;
5) extortion of the ransom;
6) abduction of aircraft or water;
7) robbery, theft of robbery or extortion of the robbery;
8) the coup for the independence or integrity of the State;
9) assassination of the constitutional system of the state or its primates, or the unit of the Armed Forces of the Republic of Poland;
10) espionage or disclosure of classified information about the classification of "secret" or "top secret";
11) the collection of weapons, explosives or radioactive materials;
(12) counterfeiting and the marketing of false money, means or instruments of payment or transferable documents entitling to the receipt of a sum of money, goods, cargo or winnings in kind or with an obligation to pay the capital, interest, share of profits or participation in a company;
13) the manufacture, processing, marketing and smuggling of narcotic drugs, precursors, surrogate agents or psychotropic substances;
14) organized crime group;
15) property of a significant value;
16) the use of violence or a threat of unlawful conduct in connection with criminal proceedings;
17) bribery and paid prosthetism;
18) stranding, kuplerry and pimping;
19) offences referred to in Chapter XVI of the Act of 6 June 1997. -Penal Code (Dz. U. of 2016 r. items 1137) and in art. 5-8 of the Rome Statute of the International Criminal Court, drawn up in Rome on 17 July 1998. (Dz. U. 2003 r. items 708), hereinafter referred to as the "Statute".
§ 4. The control and perpetuation of the contents of the telephone conversations shall be admissible in relation to the suspected person, the accused person, and against the victim or any other person with whom he or she may be contacted or who may have a connection with the perpetrator or the person concerned. a threatening crime.
§ 5. Offices and institutions conducting telecommunications activities and telecommunications entrepreneur within the meaning of the Act of 16 July 2004. -Telecommunications law is required to enable the execution of a court order or a prosecutor to carry out telephone checks and to ensure that such checks are carried out.
§ 6. The right to restore records shall have a court or a prosecutor, and in cases of impatient urgency, with the consent of the court or prosecutor, also the Police.
§ 7. The right to get acquainated with the register of conducted telephone interviews has a court, and in the preparatory proceedings-the prosecutor.
§ 8. (repealed)
Art. 237a. [ Use of the hearing in criminal proceedings] If, as a result of the checks, proof of the offence was obtained by the person to whom the control was applied, another criminal offence to be prosecuted or a tax offence other than the offence covered by the control order, or the offence pursued ex officio or a tax offence committed by a person other than that covered by the control order, the prosecutor shall decide on the use of that evidence in criminal proceedings.
Art. 237b. (repealed)
Article 238. [ Retreat period] § 1. The audit and fixation of telephone calls may be made for a maximum of 3 months, with the possibility of extension, in a particularly justified case, for a maximum period of further 3 months.
§ 2. The audit should be completed as soon as the reasons set out in the Article are established. However, at the end of the period for which it was introduced, 237 § 1-3.
§ 3. At the end of the audit, the public prosecutor shall request the management of the destruction of all persisted records if they are irrelevant in their entirety for criminal proceedings. The Tribunal shall rule on the application without delay, at its meeting without the participation of the parties.
§ 4. At the end of the preparatory proceedings, the prosecutor shall request that the destruction of the recorded records be ordered to be destroyed, in so far as they are not relevant to the criminal proceedings in which the telephone records are controlled and recorded, and that they do not constitute a the evidence referred to in Article 237a. The Tribunal shall rule on the application at a meeting in which the parties may take part.
§ 5. An application for the management of the destruction of persisted records, not earlier than after the completion of the preparatory proceedings, may also occur to the person referred to in Article 237 § 4. The Tribunal shall rule on the application at a meeting in which the parties and the applicant may take part.
Article 239. [ Deferral of announcement of the order of the use of the hearing] § 1. The announcement of the order for the control and recording of telephone calls to the person concerned may be deferred for the time necessary for the good of the case.
§ 2. The announcement of the order referred to in § 1, in the preparatory proceedings may be postponed not later than until the termination of this proceeding.
Article 240. [ The complaint to the order for the use of the hearing] The order concerning the checks and perpetuation of telephone calls shall be subject to a complaint. The person concerned may, in his complaint, request the examination of the legitimacy and legality of the checks and the perpetuation of telephone conversations. A complaint against the prosecutor's order recognizes the court.
Article 241. [ Relevant application of the provisions] The provisions of this Chapter shall apply mutatis mutandis to controls and to the fixation by technical means of the content of other conversations or communications, including correspondence sent by electronic mail.
Article 242. [ Delegation] The Minister of Justice, in agreement with the Minister of Information and Information Technology, the Minister of National Defence and the Minister responsible for internal affairs, will determine, by means of a regulation, the technical preparation of the networks serving the providing information, for the control of telephone conversations or other communications of information made using these networks and for the making, registration, storage, retrieval and destruction of transcripts of controlled conversations telephony and the content of other conversations or communications, including correspondence sent by e-mail, bearing in mind the need for proper security of the records to be made before they are lost, distorted or unauthorised disclosure.
CHAPTER VI
Coercive measures
Chapter 27
Stop
Article 243. [ Entry in redeeming or in pursuit] § 1. Everyone shall have the right to enclose a person in the act of a criminal offence, or in a pursuit taken immediately after the commission of a crime, if the person concerned is afraid of hiding or unable to establish his identity.
§ 2. The person is to be immediately handed over to the Police.
Article 244. [ Suspect Stop] § 1. The police shall have the right to detain a suspected person if there is reasonable grounds for believing that she has committed a criminal offence, and that there is a fear of absconding or concealment of that person, or the evidence of a criminal offence, or that his or her identity cannot be established; or there are conditions to be carried out against that person in an expedited procedure.
§ 1a. The police have the right to detain a suspect if there is a reasonable presuming that she has committed a crime with violence to the detriment of a person jointly residing and there is a fear that he will again commit a crime with violence against of that person, especially when committing such a crime.
§ 1b. The police shall stop a person suspected if the offence referred to in § 1a has been committed with a firearm, knife or other dangerous object, and there is a fear that it will again commit a crime with violence against the person jointly resident, in particular when committing such a crime.
§ 2. Stopped should be immediately informed of the reasons for the detention and of his rights, including the right to use the assistance of a lawyer, to use the free assistance of an interpreter, if he does not possess sufficient the extent of the Polish language, to make a statement and refuse to make a statement, to receive a write-off of the detention protocol, to access to the first medical aid and the rights indicated in art. 245, art. 246 § 1 and art. 612 § 2, as well as the content of art. 248 § 1 and 2, and to listen to it.
§ 3. A stop shall be made of the protocol in which the name and function of the person who is detained must be given, the name of the person who is detained and, in the event of impossibility to establish the identity, the description and the date, time, place and reason of the person who is in the form of the person to stop the offence suspected. It is also necessary to draw on the protocol made by the retained statement and to indicate the right of rights to it. A copy of the protocol shall be served on the detainee.
§ 4. As soon as the suspect is detained, proceed to collect the necessary data, and to keep the prosecutor informed of the detention. Where the grounds are referred to in Article 258 § 1-3, you should ask the prosecutor to refer to the court a request for provisional arrest.
§ 5. The Minister for Justice shall determine, by means of a regulation, the model of instruction referred to in paragraph 2, including, in particular, information on the privileges of the competent authority: to use the free translation assistance, to make a statement and to make a statement of the right to the right to be informed. refusal to make a statement, to receive a written record of detention, to access to the first medical assistance, as well as the rights indicated in § 2, in art. 245, art. 246 § 1 and art. 612 § 2 and information on the content of the art. 248 (1) and (2), having regard to the necessity of an understanding also by persons who do not benefit from the assistance of a proxy.
Article 245. [ Right to contact an attorney or legal counsel] § 1. The detention at his/her request must be made available without delay in the form of a contact with a lawyer or a legal adviser, as well as a direct interview with them; in exceptional cases justified by special circumstances, the detention may be He said he would be present.
§ 2. Article Recipe 517j § 1 and provisions issued on the basis of art. 517j § 2 shall apply mutatis mutandis.
§ 3. The provisions of Article 4 261 shall apply mutatis mutandis, except that the notice shall be made at the request of the detainee.
Article 246. [ Complaint to stop] § 1. The detainee shall be entitled to a complaint to the court. In the complaint, the detained may demand an examination of the legitimacy, legality and regularity of his detention.
2. The complaint shall be transmitted without delay to the district court of the place of detention or of the conduct of the proceedings, which shall also be immediately known to the court.
§ 3. In the event of the recognition of unlawfulness or illegality, the court shall manage the immediate release of the detainee
§ 4. In the event of unlawfulness, illegality or irregularity of detention, the court shall inform the prosecutor and the authority responsible for the detention of the latter.
§ 5. In the event of the confluent of the embarkation and the temporary arrest, it is possible to identify them together.
Article 247. [ Order of detention and forcitation of the suspect] § 1. The prosecutor may order the detention and forcible bringing of the suspected or suspected person if there is a legitimate concern that:
1) they shall not appear to be called upon to carry out with them the activities referred to in art. 313 § 1 or art. 314, or studies or activities referred to in art. 74 § 2 or 3;
2) may otherwise impair the proceedings in another unlawful manner.
§ 2. The cessation and compulsory enforcement referred to in § 1 may also occur where there is a need for immediate application of the preventive measure.
§ 3. A search can also be ordered for a stop. The provisions of Article 4 220-222 and art. 224 shall apply mutatis mutandis.
§ 4. As soon as the action is carried out, it shall be carried out with the participation of the retained activity indicated in § 1 and, once it has been completed, shall be released, unless there is a need for a preventive measure.
§ 5. In deciding on a preventive measure, the prosecutor shall immediately release the detainee or request a provisional arrest for the court.
§ 6. The detention referred to in paragraph 1 shall apply mutatis mutandis. 246.
§ 7. The arrangements referred to in paragraph 1 shall be carried out by the Police or by other bodies referred to in Article 1. 312, within the scope of its properties, if the Act entitles them to the retention of a person. The arrangements for the detention and forced supply of a soldier in active military service shall be carried out by the competent military authorities.
Article 248. [ Exemption of detainee] § 1. The detention shall be immediately released when the cause of detention is established and if, within 48 hours of the detention by the authorized body, it is not placed at the disposal of the court with the application for provisional application arrests; it must also be released at the request of a court or prosecutor.
If, within 24 hours of the court being placed at the court's disposal, it has not been served on the basis of an order for provisional arrest, it shall be released.
§ 3. The re-arrest of a person suspected on the basis of the same facts and evidence is unacceptable.
Chapter 28
Preventive measures
Article 249. [ Objectives of the application of preventive measures] § 1. Preventive measures may be used to secure the proper course of the proceedings and, exceptionally, to prevent the accused new, serious crime from being committed; they can only be used if the evidence gathered indicates that the probable probability that the defendant committed the crime.
§ 2. In the preparatory proceedings, preventive measures may be applied only to the person to whom the statement of objections has been issued.
§ 3. Before the application of the preventive measure, the court or the prosecutor applying the measure interrogates the defendant, unless it is impossible because of his hiding or his absence in the country. An interrogation of an established defender should be allowed if it becomes; notification to the defender of the date of the hearing is not mandatory, unless the accused brings it, and it does not impede the carrying out of the action. The court shall inform the prosecutor of the time of the hearing.
§ 4. Preventive measures may be applied until the execution of the sentence is commenced. This provision shall apply to temporary arrest only in the event of a custodial sentence.
§ 5. The prosecutor and the defense counsel shall have the right to attend the court session concerning the extension of the application of the provisional arrest and the recognition of the complaint to the application or extension of this preventive measure. At the request of the accused, who does not have a defense counsel, the defender shall be appointed to the task of the public defender. A judicial referendary may also be issued by the Ordinance. The absence of a lawyer's or a prosecutor's office duly notified of the time limit shall not be such as to recognise the case.
Art. 249a. [ Grounds for ruling on the application or extension of the temporary arrest] § 1. The basis for a decision to apply or to extend an interim arrest may be based on:
1) the clear evidence to the accused and his defense counsel;
2) the evidence from the testimonies of witnesses referred to in art. 250 § 2b.
§ 2. The Court of First Instance, in prejudice to the prosecutor's office, shall also take into account the circumstances of which the prosecutor did not disclose, upon disclosure at the meeting, if they are of benefit to the defendant.
Article 250. [ Provisional Arrest] § 1. The provisional arrest may take place only by virtue of the court order.
§ 2. The temporary arrest shall apply in the preparatory proceedings at the request of the procurator of the district court in which the district proceedings are carried out and in cases of impressing corpses also another district court. After the indictment has been lodged, the provisional arrest shall be applied by the court before which the case is brought.
§ 2a. The request for the application of the provisional arrest shall be provided with evidence indicating the probable likelihood that the defendant has committed a criminal offence, the circumstances in favour of the existence of threats to the orderly conduct of the proceedings or the possibility of a new, serious criminal offence and a specific basis for the application of that preventive measure and the need for it to be applied.
§ 2b. If there is a reasonable fear of danger for the life, health or freedom of the witness or the person closest to it, the procurator shall attach to the application referred to in § 2a, in an isolated set of documents, evidence from the witness's testimony, whom he did not is made available to the defendant and his defender.
§ 3. The prosecutor shall, by sending the application referred to in paragraph 2 with the file of the case, instruct the suspect in the event of the application of the temporary arrest, and shall at the same time manage to bring him to the court.
§ 3a. If the provisional arrest is applied in court proceedings, the judgment of the defendant of his or her entitlement to the application of a provisional arrest shall be made by the court immediately after the date on which the defendant is declared or served. provisions on the application of this preventive measure.
§ 4. Other preventative measures shall be applied by the court, and in the preparatory proceedings also the prosecutor.
Article 251. [ The content of the provisions on the application of the preventive measure] § 1. In the order for the application of the preventive measure, the person, the alleged act, his legal qualification and the legal basis for the application of the measure should be mentioned.
§ 2. In the order for the application of the provisional arrest, it is necessary to determine the duration of the provisional arrest and, furthermore, to mark the date on which the arrest is to last. The obligation to indicate the time limit for the application of the provisional arrest shall be subject to the final decision of the decision terminating the proceedings. The temporary arrest after the decision of the final decision is given by the court which issued the decision and, in the case of the case being referred to the second instance, the court of appeal.
§ 3. The statement of reasons for the application of the preventive measure should include the presentation of evidence of the commission of the offence, showing the circumstances indicating the existence of threats to the proper course of action proceedings or the possibility for the defendant to commit a new serious criminal offence in the event of failure to apply the preventive measure and the specific basis for its application and the need for the measure in question. Furthermore, in the event of a temporary arrest, it is also necessary to clarify why it was not considered sufficient to apply a different preventive measure.
Article 252. [ The complaint to the order] § 1. The decision on the preventive measure shall be entitled to a complaint against a general rule, unless the law provides otherwise.
§ 2. On the order of the procurator on the subject of a preventive measure, the complaint shall be entitled to the district court in which the district proceedings are carried out.
§ 3. A complaint against a decision on a preventive measure shall be recognised as soon as possible, except that the decision on the provisional arrest shall not be later than 7 days after the transfer of the complaint to the court together with the the necessary records.
Article 253. [ Repeal or change of preventive measure] § 1. The preventive measure should be repealed or amended without delay if the reasons for which it was applied or the reasons justifying its repeal or amendment are established.
§ 2. The court's application of the preventive measure may be annulled or amended in the preparatory proceedings to be softer also by the prosecutor.
§ 3. The court or the prosecutor shall immediately inform the victim, his legal representative or the person under whose permanent custody the victim remains, of the abrogation, of non-extension or of the change of the temporary arrest to another preventive measure, as He is also about to escape the defendant from the custody of the investigator, unless he/she claims that he is resigning from such a right.
§ 4. In duly justified cases, the notification referred to in paragraph 3 shall also be provided to the witness.
Article 254. [ The request of the accused to repeal or amend the preventive measure] § 1. The accused may at any time submit a request for revocation or amendment of the preventive measure; the application shall be decided by the prosecutor at the latest within three days, and after the indictment has been lodged with the court, the court before which the case shall be brought.
(2) The decision on the application for a complaint shall be granted only if the application has been lodged after a period of at least three months from the date of issue of the order in respect of the preventive measure.
§ 3. A complaint to the order of the court shall be recognized by the same court as three Judges.
Article 255. [ Decision of the preventive measure at the time of suspension of proceedings] The suspension of proceedings shall not preclude a decision on preventive measures.
Article 256. [ Supervision of the correctness of detention and enforcement of preventive measures] Supervision of the correctness of detention and execution of preventive measures shall be exercised by the court, and in the preparatory proceedings-also the procurator.
Article 257. [ The principle of proportionality of the application of preventive measures] § 1. A temporary arrest shall not be applied if another preventive measure is sufficient.
§ 2. When applying the provisional arrest, the court may stipulate that the measure will change from the moment of filing, not later than the prescribed period, of the specified property surety; upon a reasoned request of the accused or his/her defender, filed at the latest on the last day of the appointed deadline, the court may extend the deadline for the submission of the guarantee
Article 258. [ Conditions of application of provisional arrest and other preventive measures] § 1. Provisional arrest and other preventive measures may be applied where it occurs:
1) a reasonable fear of absconding or hiding the accused, especially when his identity cannot be established or he/she is not in the country of habitual residence;
2) a legitimate concern that the accused will solidify the submission of false statements or explanations or otherwise obstructed the criminal proceedings.
§ 2. If the defendant is accused of committing a crime or an act of imprisonment which is at least 8 years of imprisonment, or where the court of first instance sentenced him to a prison sentence of not less than three years, The need for temporary arrest in order to secure the proper course of the proceedings may be justified by threatening the harsh punishment.
§ 3. The preventive measure may exceptionally be applied even if there is a legitimate concern that the accused, who has been alleged to have committed a crime or a deliberate act, will commit a crime against the life, health or general safety of the person, Especially when committing such a crime, he threatened.
§ 4. When deciding on the application of a particular preventive measure, account shall be taken of the nature and nature of the concerns referred to in paragraphs 1 to 3, adopted as a basis for the application of the measure concerned, and the severity of their risks for the proper conduct of its stage.
Article 259. [ Waiver of Temporary arrest] § 1. If special considerations do not preclude this, a temporary arrest should be waived, particularly where the imprisonment of the accused is:
1) would cause serious danger to his or her life or health;
2) would entail exceptionally heavy consequences for the accused or his immediate family.
§ 2. The temporary arrest shall not be applied when, on the basis of the circumstances of the case, it may be provided that the court will rule in relation to the accused a custodial sentence with a conditional suspension of its execution or a lighter penalty, or that the period the temporary arrest will exceed the stipulated amount of imprisonment without a conditional suspension.
§ 3. Provisional arrest shall not be applied if the offence is punishable by a custodial sentence not exceeding one year.
§ 4. The restrictions provided for in § 2 and 3 do not apply when the accused is hiding, persistently does not appear to be called upon or otherwise illegally obstructed the proceedings or his identity cannot be determined. The restriction provided for in paragraph 2 shall also not apply where there is a high probability of the decision of the detention order consisting in placing the perpetrator in a closed establishment.
Article 260. [ Placement in the treatment facility] § 1. If the state of health of the accused is required, the provisional arrest may be carried out only in the form of placement in the appropriate treatment facility, including in the psychiatric facility.
§ 2. The Minister of Justice, in agreement with the Minister of Health, shall determine, by means of a regulation, a list of the treatment facilities, including psychiatric establishments, intended for the execution of a temporary arrest for persons, of which the state of health is required to be placed in such an establishment, and the conditions for the protection of those establishments, which prevent the arbitrary expulsion from being temporarily arrested and to enable them to be isolated for safety reasons, while ensuring that they are safe, access to temporarily arrested by the authorities conducting the proceedings penal, having regard to the need to ensure the proper course of the procedure and the mode of placement, conditions of residence and treatment temporarily arrested in such establishment, having regard to the necessary medical equipment and the technical conditions and conditions of use; the organisation of these establishments.
Article 261. [ Notification of the forthcoming] § 1. The application of the provisional arrest shall be notified without delay to the person closest to the accused person; this may be the person designated by the accused person.
§ 2. At the request of the accused person may also be notified to another person instead of or next to the person indicated in § 1.
§ 2a. The application of the provisional arrest shall be notified by the court to the investigating authority against the defendant's proceedings in another case, provided that he or she has received information about the proceedings. The court is instructing the defendant of the contents of the article. 75 § 1.
§ 3. The application of the provisional arrest shall be notified without delay to the employer, to the school or to the university, to the soldier, to his or her commander, and, where the accused is an entrepreneur or a non-member of the body of the body, managing the entrepreneur, at his/her request-the company manager.
Article 262. [ Obligations of the court of justice] § 1. The court applying the provisional arrest shall have the obligation to:
1) the notice of this court of care, if there is a need to provide custody of the children arrested;
2) the notice of the social welfare authority, if there is a need for the diversion of custody of the unmarried person or the sick, whom the arrested has taken care of;
3) actions necessary for the protection of property and residence of the arrested.
§ 2. The speeches made and the orders issued shall be notified to the provisional detention.
Article 263. [ Provisional arrest period] § 1. In the preparatory proceedings, the court shall, by means of provisional arrest, mark a period of no more than three months.
(2) If, on account of the particular circumstances of the case, the preparatory proceedings could not be completed within the time limit laid down in paragraph 1, at the request of the prosecutor, the court of first instance competent to hear the case, where appropriate, may be extend the temporary arrest for a period which, in total, may not exceed 12 months.
§ 3. [ 1] The total period of application of the provisional arrest until the first sentence of the court of first instance is not allowed to exceed 2 years.
§ 3a. In the event of temporary arrest with a custodial sentence imposed on another case, the periods referred to in paragraphs 2 and 3 shall include the period of time for the temporary detention of a custodial sentence.
§ 4. Extensions of the application of the temporary arrest for a period marked, exceeding the time limits laid down in § 2 and 3 may be made by the appellate court in which the district proceedings are carried out at the request of the court before which the case is pending, and in the proceedings preparatory, at the request of the competent prosecutor, directly to the supervisor of the prosecutor conducting or supervising the investigation, if such a necessity arises in connection with the suspension of the criminal proceedings, the tasks intended to determine or the confirmation of the accused's identity, the execution of the evidence in the a case of particular intricacess or outside of the country, and the deliberate conduct of the proceedings by the accused.
§ 4a. (repealed)
§ 4b. The extension of the application of the temporary arrest referred to in paragraph 4 shall not apply in respect of the period referred to in paragraph 2, where the sentence imposed on the defendant for his alleged offence shall not exceed three years of imprisonment and, in respect of the case, the until the time limit indicated in § 3, when it does not exceed 5 years of imprisonment, unless the necessity of such an extension is caused by the deliberate conduct of the proceedings by the accused.
§ 5. The order of the appellate court pursuant to § 4 shall be entitled to complaint to the appeals court of three Judges.
§ 6. An application for an extension of the period of temporary arrest shall be requested, at the same time as the case may be sent to the competent court, no later than 14 days before the expiry of the time limit for the application of that measure.
§ 7. [ 2] Where there is a need for a provisional arrest after the first judgment of the court of first instance, any extension may be granted for a period of not more than six months.
§ 8. The Minister for Justice will determine, by way of regulation, a model of instruction for an accused person in the event of a temporary arrest warrant: to be heard, to refuse to be heard or to refuse to reply to a questions, to information on the content of the allegations, to review the file in part containing the content of the evidence indicated in the request for provisional arrest, to access to the first medical assistance, as well as the powers indicated in art. 72 § 1, art. 78 § 1, art. 249 § 5, art. 252, art. 254 § 1 and 2, art. 261 § 1, 2 and 2a and Art. 612 § 1, having regard to the necessity of an understanding also by persons who do not benefit from the assistance of a defender.
Article 264. [ Exemption temporarily arrested] § 1. In the event of the acquittal of the accused, the remission or the conditional redemption of the proceedings, the conditional suspension of the execution of the sentence, the execution of a custodial sentence corresponding to at most a period of temporary arrest, sentencing to the less than a custodial sentence or, in the event of a waiver of a sentence, the immediate release of a provisional detention shall be administered if he is not deprived of his or her liberty in another case.
§ 2. In the event of a conviction temporarily arrested on a penalty other than that referred to in paragraph 1, or in the event of a waiver of proceedings on account of the unrest of the perpetrator and of the decision of the detention order consisting in placing him in a closed establishment, After hearing the current parties, the court shall issue a decision on the further application of the provisional arrest.
§ 2a. In the event of a remission of the proceedings on account of the unrest of the perpetrator and of the decision of the security measure consisting in placing it in a closed establishment, provisional arrest may be applied.
§ 3. In the event of a final decision of a security measure involving the placement of a perpetrator in a closed establishment, provisional arrest may be applied until the measure is initiated, but not longer than for a period of 3 months, the possibility of a one-off extension in a particularly justified case for the following month.
§ 4. Provisional arrest in the event of a decision of a security measure involving the placing of a perpetrator in a closed establishment shall be carried out under conditions permitting the use of appropriate therapeutic, therapeutic treatment, rehabilitation and rehabilitation.
Article 265. [ Calculation of the temporary arrest period] The period of temporary arrest shall be counted from the day of detention.
Article 266. [ Asset Liability] § 1. A property guarantee in the form of money, securities, pledge or mortgage may be filed either by the defendant or by another person.
The amount, type and conditions of the guarantee of property, and, in particular, the time limit for the submission of the object of the guarantee, must be laid down in the order, with a view to the material situation of the accused and the property guarantee, the amount of which is to be done. the damage and the nature of the act committed.
Article 267. [ Notice of the accused's notice] The person submitting the property guarantee shall be given notice of any call to the defendant in each case; the person submitting the liability for the accused shall be subject to the provisions of Article 4 (1) of the Rules of procedure of the defendant. 138 and 139 § 1.
Article 268. [ The forfeit of the subject of the guarantee] § 1. The assets or liabilities which are subject to surety shall be forfeited or withheld in the event of absconding or concealment of the accused. In the event of obstruction in other ways of criminal proceedings, the forfeiture or the collection of such values may be found.
§ 1a. By ruling on the forfeiture or drawdown of the property which is the subject of a surety, the court may decide whether or not the value of such values should be forfeited or, in the case of the accused, another preventive measure, with a view to the the requirements of Article 258 § 4, except for temporary arrest.
§ 2. Of the content of § 1 and art. The person submitting the property guarantee must be warned.
Article 269. [ Withdrawal and return of the item of surety] § 1. The forfeiture of the items of surety or the sums to be transferred to the State Treasury shall be transferred or transferred to the State Treasury; the victim shall have priority to satisfy his or her claims arising out of a criminal offence, if any Otherwise, you cannot obtain compensation for the damage.
§ 2. On the basis of the guarantee of the property guarantee, the surety shall be reimbursed and the amount of the guarantee shall be released, provided that, in the event of a final conviction on the imprisonment of the defendant, this shall be the case at the time of the start of the guarantee. He penalties. In the event of non-notification, the application shall apply to the application of the Article. 268 § 1.
§ 3. The revocation of the asset guarantee shall take effect only when the new asset guarantee is adopted, the application of any other preventive measure or a waiver from the application of that measure.
§ 4. The provisions of paragraphs 2 and 3 shall not concern the withdrawal of the guarantee of property and the return of the items if the order for its forfeiture has already been taken or the sum of the surety shall be collected.
Article 270. [ Ruling on the forfeiture of the subject of surety] § 1. The forfeiture of the subject of the surety or the collection of the surety of the surety shall be ordered by the court before which the proceedings are brought and, in the preparatory proceedings, at the request of the procurator, the court competent to hear the case.
§ 2. The accused, the guarantor and the public prosecutor shall have the right to take part in the court session or to make an explanation in writing. The accused deprived of liberty shall be brought to the meeting if the President of the court or the court deems it necessary.
§ 3. The order referred to in paragraph 1 shall be entitled to a complaint.
Article 271. [ Non-Kernel-Guarantee] § 1. From the employer in which the accused is employed, from the management of the school or university, whom he is accused of being a student or a student, from the team in which the accused works or learns, or from the social organization of which he is a member, can, at their request, accept the surety that the accused will stand for any call and will not be illegally obstructed the proceedings; if the accused is a soldier, one may accept the surety from the soldier's team, reported through the competent commander.
§ 2. The application for acceptance of the guarantee shall be accompanied by an extract from the memorandum of acceptance of the decision to be surety.
§ 3. The application for acceptance of the surety shall be indicated by the person who is to carry out the duties of the guarantor; he shall make a declaration of acceptance of those obligations.
Article 272. [ Guaranteed by a trustworthy person] The surety that the accused will stand for every call and will not be illegally obstructed the proceedings may also be accepted from a trustworthy person. Article Recipe 275 § 2 shall apply mutatis mutandis.
Article 273. [ Obligations and powers of the guarantor] § 1. When the guarantee is received, it shall be notified to the guaranteeing or enforcing obligation of the defendant and of the obligations arising out of the surety and of the consequences of the failure to receive the guarantee.
§ 2. The counsel shall be obliged to inform the court or prosecutor of the proceedings of the accused, seeking to evade the obligation to appear on the summons or to obstruct the proceedings in another unlawful manner.
Article 274. [ Notice of the guarantor of the absence of the accused] If, in spite of the surety of the defendant, he does not appear on the call or in any other unlawful manner he will obstruct the proceedings, the authority applying the preventive measure will notify the granting of the guarantee, and may, moreover, notify the immediate supervisor of the decision. the person who has lodged the guarantee and the social organisation to which it belongs and the parent body of the guaranteeing social organisation, if the obligations arising from the surety are found to be negligentful. Prior to the notification, the person who lodged the guarantee shall be called upon to make an explanation.
Article 275. [ Police Dispute] § 1. By way of a preventive measure, you can return the accused under the supervision of the police, and the accused soldier, under the supervision of the military superior.
§ 2. The subject under supervision shall be obliged to comply with the requirements of the court or prosecutor's order. This obligation may consist of a prohibition on leaving a certain place of residence, reporting to the dispensing authority at specified intervals, notifying it of the intended departure and the date of return, the prohibition of contact with the victim or with other persons, the prohibition of approaching certain persons at the indicated distance, the prohibition of being present in certain places, and on other restrictions on the freedom of the accused, necessary for the execution of the supervision.
§ 3. Where the conditions for the application of the temporary arrest against the accused of a criminal offence committed against the use of violence or a threat of unlawful conduct to the person of the nearest or other person living together with the perpetrator are to be applied, instead of the temporary arrest, the arrest may be carried out, provided that the defendant leaves the place occupied with the victim within the prescribed period and determines the place of his/her stay.
§ 4. Under the supervision of the Police, it is obliged to appear in the designated unit of the Police with a document stating the identity, the execution of instructions for documenting the course of the supervision and providing the information necessary for the whether or not it applies to the requirements imposed in the court or prosecutor's order. In order to obtain such information, it is possible to call on the accused to appear within the prescribed period of time.
§ 5. In the event of a failure to comply with the requirements laid down in the order, the supervising authority shall immediately inform the court or prosecutor who issued the order.
Art. 275a. [ Leaving the dwelling occupied jointly with the hives] § 1. As a precautionary measure, it may be ordered that the defendant should be charged with violence against the person who is involved in the temporary vacancy of the joint and victim premises, if there is a legitimate concern that he/she may be involved in the the accused again will commit a crime with violence against that person, especially when committing such a crime he threatened.
§ 2. In the preparatory proceedings, the measure provided for in paragraph 1 shall apply on a request from the Police or from the Office.
§ 3. If the defendant has been detained on the basis of an article. 244 § 1a or 1b, there are grounds for the application of the preventive measure provided for in § 1, Police immediately, no later than 24 hours from the moment of detention, request the prosecutor to apply this measure The proposal should be recognised before 48 hours have elapsed since the defendant has been detained.
§ 4. The measure provided for in paragraph 1 shall apply for a period of not more than 3 months. If the court of first instance has not established the conditions for its application, the Court of First Instance may, at the request of the prosecutor, extend its application for further periods not exceeding three months.
§ 5. When issuing an order for an order to be periodically abandoned by the accused person in conjunction with the victim, he or she may, at the request of the accused person, indicate his place of residence in the establishments providing accommodation. The premises indicated for the placement of the accused may not be a residence facility for victims of violence in the family.
Article 276. [ Suspension in business activities] As a precautionary measure, it is possible to suspend the accused in business activities or to pursue the profession or to order a halt to a particular activity or to the conduct of a particular type of vehicle, or to prohibit the application of the contract. public for the duration of the proceedings.
Article 277. [ Prohibition of leaving country] § 1. In the event of a legitimate concern, the escape may be applied as a precautionary measure to a ban on leaving the accused country, which may be connected with the detention of a passport or other document giving entitlement to the crossing of the border or the prohibition on issuing such a document.
§ 2. By the time of issuing the order on the subject referred to in § 1, the body conducting the proceedings may stop the document, however, for a period of not more than 7 days. The provisions of Chapter 25 shall apply mutatis mutandis to the receipt of documents.
Chapter 29
Search for the accused and the bans
Article 278. [ The search for the accused] If the accused or the suspected person is not known, the search shall be managed. Article Recipe 247 shall apply mutatis mutandis.
Article 279. [ Searching for a list of gońs] § 1. If the defendant, in respect of whom the order for provisional arrest has been issued, hides, the court or the prosecutor may issue an order seeking him to seek him by the letter of the govt.
(2) If the order for provisional arrest has not been issued, such an order may be issued irrespective of whether or not the suspected person has been heard.
§ 3. In the event of the removal and retention of the person pursued by the court, it shall immediately be brought before the court which issued the order for provisional arrest, in order for the court to rule on the maintenance, amendment or repeal of the measure, unless it is the prosecutor after the questioning of the detainee had already changed the preventive measure or repealed the provisional arrest. Article Recipe The second sentence shall apply mutatis mutandis.
§ 4. In the event of the removal and detention of a person pursued by more than one leaf, it shall be sufficient to bring it in accordance with § 3 to one of the courts which issued the provisions of provisional arrest.
Article 280. [ Letter of the Ans] § 1. The following shall be indicated in the list:
1) the court or prosecutor who issued the order for the search for the letter of the gońs;
2. data on the person who may facilitate the search for it, and above all the staff, the description, the special marks, the place of residence and the work, with the joining as far as possible of the photograph sought;
3) information on the content of the plea made to the accused and of the order for his or her provisional arrest or of the judgment in the judgment;
4) the call of anyone who knows the whereabouts of the wanted person, to notify the nearest police unit, the prosecutor or the court;
5) a warning of criminal responsibility for concealment of the wanted or doping of him in the escape.
§ 2. In the guest list, you can award a reward for taking or contributing to the search, as well as to ensure that you maintain a secret about the person who informs you.
§ 3. The cover letter shall be disseminated, depending on the need, by dispatch, planing or publication, in particular by means of press, radio, television and the Internet.
Chapter 30
Iron Lists
Article 281. [ Issue of an iron letter] If the accused resident abroad makes a statement that he becomes a court or a prosecutor within the prescribed period, subject to the condition of a free foot, the competent local district court may issue an indicted iron letter.
Article 282. [ Privileges of the Iron Letter] § 1. The letter of iron shall ensure that the accused shall remain free until the final proceedings are completed, if the accused:
1) will appear on the marked date for the court's summons, and in the preparatory proceedings-also on the public prosecutor's call;
2) he will not be expelled without the permission of the court from the injured place of residence in the country;
3) he will not urge false statements or explanations or else illegally tried to obstruct the criminal proceedings.
§ 2. In the event of an unjustified failure to appear on the defendant's notice or breach of other conditions listed in § 1, the competent local district court shall rule on the cancellation of the letter of iron.
Article 283. [ Asset Liability] § 1. The issue of an iron letter can be made conditional on the provision of a guarantee of property.
§ 2. In case of cancellation of an iron letter due to a violation of the conditions mentioned in Art. 282 § 1, the property values granted under the guarantee shall be forfeited or collected; the court referred to in Article 1 shall be adjudicated by the court. 282 § 2.
Article 284. [ The complaint against the refusal to issue an iron letter] § 1. (repealed)
§ 2. In order to refuse to issue an iron letter and to the provisions issued in accordance with art. 282 § 2 and art. 283 (2) shall be entitled to a complaint.
Chapter 31
Ordinal penalties
Article 285. [ Punishment of a witness and an expert in cash] § 1. A penalty may be imposed on a witness, expert, interpreter or specialist who, without due justification, did not appear on the invitation of the body conducting the proceedings or without the authorisation of that authority from the place of action before the end of the procedure, Cash of up to 3000 zlotys.
§ 1a. The provisions of § 1 shall apply mutatis mutandis to the defender or the representative, in special cases due to their influence on the course of action; in the preparatory proceedings, a pecuniary penalty, at the request of the prosecutor, shall be imposed by the district court in which the district court the proceedings are carried out.
§ 2. In addition, in the cases referred to in paragraph 1, a witness may be ordered to be detained and compulsory. The detention and forcible driving of the expert, the translator and the specialist shall only apply exceptionally. A soldier shall apply an article. § 7.
Article 286. [ penalty Repeal] A penalty shall be waived if the penalty is sufficient to justify its failure to do so or to dismiss itself from the penalty. The justification may take place within one week from the date of service of the order in which the penalty payment is made.
Article 287. [ Arrest] § 1. Article Recipe 285 § 1 shall apply mutatis mutandis to a person who is wrongly abrogated from the submission of a statement, the performance of an expert's task, a translator or a specialist, a pledge, the issue of an object, the accomplishment of the guarantor's duties or the fulfilment of another the obligation in the course of the proceedings, as well as to the representative or head of the institution, legal person or business unit without legal personality obliged to provide assistance to the body conducting the criminal proceedings, which no aid shall be granted by the aid within the prescribed time limit.
§ 2. In the event of persistent evasion, the performance of an expert, an interpreter or a specialist and the issue of an object may be applied, irrespective of the penalty payment, for a period of time not exceeding 30 days. This provision shall apply mutatis mutandis in the event of persistent failure to call upon the body conducting the proceedings if the order of detention and compulsory enforcement referred to in Article 4 (1) of the Rules of Procedure of the European Union is not applicable. 285 § 2, it is not sufficient to ensure that the requested person is present.
§ 3. The arrest shall be abrogated if the arrested person fulfils the obligation or the preparatory proceedings or the proceedings at the instance completed.
§ 4. The provisions of paragraphs 1 and 2 shall not apply to the parties, their defenders and agents, and, as regards the penalty for failure to comply with the obligation to issue items, to persons who may be abrogated from the submission of their statements.
Article 288. [ Pulling a soldier to disciplinary responsibility] § 1. In the event of failure by a soldier to actively serve the obligations laid down in Article 285 § 1 and art. 287 the court or prosecutor shall act as the commander of the military unit in which the soldier is in service, to hold him to disciplinary responsibility.
§ 2. Paragraph 1 applies, however, for the misconduct which the soldier had perpetrated before joining the military, he was previously subject to an ordinal punishment, but was not executed until that time.
Article 289. [ Load of costs] § 1. A person, including a lawyer, a proxy or a public prosecutor who, by failure to comply with the obligations set out in Article 4, 285 § 1 and 1a or art. 287 § 1 has resulted in additional costs of the proceedings, it is possible to charge these costs; it is permissible to pay the costs of several persons jointly and severally. A soldier serving an essential military service and serving as a candidate for a professional soldier shall not be charged with those costs.
§ 2. In the event of the repeal of the ordered penalty, the obligation to cover the costs of the proceedings shall also
Article 290. [ Order to punish ordinal punishment] § 1. The provisions laid down in this Chapter shall be issued by the court and by the prosecutor in the preparatory proceedings. Arrest referred to in art. 287 § 2, in the preparatory proceedings shall apply at the request of the prosecutor of the district court in whose district the proceedings are carried out.
§ 2. The provisions and ordinances provided for in this Chapter shall be entitled to a complaint; the order of the prosecutor referred to in Article 4 shall be subject to the provisions of this Chapter. 285 § 2, the complaint is due to the district court in which the district proceedings are carried out.
§ 3. The lodging of a complaint shall withhold the execution of the order on arrest.
Chapter 32
Asset security
Article 291. [ Securing the execution of the judgment on the accused's property] § 1. If the defendant is accused of committing a criminal offence for which a fine or cash may be provided or for which a forfeiture or a compensatory measure may be issued, the office may be in office to secure the execution of the decision on the property. of the accused or the property referred to in Article 45 § 2 of the Penal Code, if there is a legitimate concern that without such a security the enforcement of the judgment in respect of the indicated penalty, the provision of cash, forfeiture or compensatory measure will be impossible or significantly impeded.
§ 2. The security of the execution of the decision of the forfeiture may also take place on the property of the natural person, legal entity or organizational unit without legal personality, referred to in art. 45 § 3 of the Penal Code.
§ 3. It may also take place on behalf of the accused person to secure the execution of a judicial cost decision if there is a legitimate concern that, without such a security, the enforcement of the decision in this respect will be impossible or significantly impeded.
§ 4. The property security shall be immediately repealed, in whole or in part, if the reasons for which it has been applied in a particular size or reasons justifying its repeal, even in part, shall be made.
Article 292. [ Security Mode] § 1. The security shall be secured in the manner indicated in the provisions of the Code of Civil Procedure, unless otherwise provided by the law.
§ 2. The security of the forfeiture shall be effected by seizure of movable property, receivables and other property rights and by the establishment of a prohibition on the disposal and burdens of immovable property. This prohibition shall be disclosed in the perpetual ledger, and in the absence thereof, in a set of complex documents. Where necessary, the real estate management or the accused company may be established.
§ 3. Article Recipe 232 shall apply mutatis mutandis.
Article 293. [ freezing order] § 1. The order of property security issues the court, and in the proceedings of the prosecutor's office.
§ 2. The provision shall specify the amount of the scope and the manner of security, taking into account the size of the decision in the circumstances of the case in question in the case of the fine, the criminal measures, the forfeiture or the compensatory measures. The size of the security should only correspond to the needs of what is to be secured. The requirement of security shall not be subject to the security of a forfeiture on the subject of a forfeiture, either directly from a criminal offence or intended to be used for the purpose of committing it.
§ 3. The order for the security shall be entitled to a complaint.
§ 4. If the order has been issued by the public prosecutor and the preparatory proceedings are carried out in a district of another court than by a local court and a competent court, the complaint shall be entitled to a court in kind, in kind, which is competent to identify the matter in the first instance in which the court of first instance the circle is carried out preparatory proceedings.
§ 5. The provision on property collateral at the time of issue constitutes an enforceable title.
§ 6. Where the security has taken place on things which have already been issued to the procedural authority, or which have been retained as a result of the operations referred to in Chapter 25, no enforcement action shall be taken for the execution of the provisions on security.
§ 7. A natural or legal person or organizational unit without legal personality as referred to in Article 45 § 3 of the Penal Code, may occur with an action against the State Treasury to determine that the property or part of it is not forfeited. Pending the final settlement of the case, the enforcement proceedings shall be suspended.
Article 294. [ Collapse of collateral] § 1. The security shall be lodged when it is not valid: a fine, forfeiture, allusion, a cash benefit, or an obligation to make good any damage or redress for any wrongdoing and an action for such claims shall not be made. shall be completed within 3 months of the date on which the decision has been legitinised.
§ 2. In the event that the action is brought within the time limit indicated in paragraph 1, the security shall remain in force if, in civil proceedings, the court does not rule otherwise.
Article 295. [ Temporary seizure of movable property suspect] § 1. In the event of a criminal offence referred to in art. 291, Police may make a temporary seizure of a movable property of a suspected person if there is a fear of the removal of this property.
§ 2. Rules of Art. 217-235 shall apply mutatis mutandis.
§ 3. Temporary seizure shall not apply to objects which are not subject to execution.
§ 4. Temporary seizure of the case shall be provided if, within 7 days from the date of its filing, a provision on property security is not issued.
Article 296. (repealed)
CHAPTER VII
Preparatory proceedings
Chapter 33
General provisions
Article 297. [ Objectives of the preparatory action] § 1. The purpose of the preparatory proceedings shall be:
1) determining whether an act has been committed and whether or not it constitutes a criminal offence;
2. detection and, if necessary, the removal of the perpetrator;
3) a collection of data according to art. 213 and 214;
4) an explanation of the circumstances of the case, including the determination of the victims and the extent of the damage;
5) the collection, security and to the extent necessary to perpetuate the evidence for the court.
§ 2. (repealed)
Article 298. [ Bodies conducting preparatory proceedings] § 1. The preparatory proceedings shall lead or oversee the prosecutor and the police shall, to the extent provided for in the Act, conduct them. In the cases provided for in the law, the powers of the Police shall be entitled to other bodies.
§ 2. Specified in the Act of the preparatory proceedings shall be carried out by the court.
Article 299. [ Parties in preparatory proceedings] § 1. In the preparatory proceedings, the victims and the suspects are parties.
§ 2. In the cases referred to in the Act, certain rights shall also be entitled to persons who are not parties.
§ 3. In court proceedings in the preparatory proceedings, the prosecutor shall be entitled to the right of the party.
Art. 299a. [ Attendance of the person indicated by the victim in the preparatory proceedings] § 1. During operations involving the victim in the preparatory proceedings, he may be present if he/she does not prevent the performance of the action or make it difficult to do so.
§ 2. At the request of the victim reported in the preparatory proceedings, the court shall notify him of the manner of termination of the case by ordinary letter, sent to the address indicated by the hitched address, together with the copy of the final decision terminating the proceedings in the the case or its extract.
Article 300. [ Confiding a suspect with his authority] § 1. Before the first hearing, you should instruct a suspect with his/her powers: to make explanations, to refuse to explain or to refuse to answer questions, to information about the contents of the allegations and their changes, to submit requests for making acts of investigation or investigation, to the use of the assistance of a defense counsel, including the occurrence of a public defender in an accident referred to in art. 78, to the final knowledge of the materials of the preparatory proceedings, as well as the powers specified in art. 23a § 1, art. 72 § 1, art. 156 § 5 i 5a, art. 301, art. 335, art. 338a and art. 387 and about the obligations and consequences indicated in art. 74, art. 75, art. 133 § 2, art. 138 and art. 139. The instruction must be given to the suspect in writing; the suspected receipt of the instruction confirms the signature.
§ 2. Prior to the first hearing, the victim shall be informed of the status of the procedural party in the preparatory proceedings and of the powers resulting therefrom, in particular: to submit an application for an investigation or investigation; or the investigation and conditions of participation in those activities referred to in Article 51, art. 52 and art. 315 -318, to use the assistance of the proxy, including the submission of an application for the appointment of a representative of the office in the circumstances indicated in the art. 78, as well as the powers laid down in the Article. 23a § 1, art. 156, art. 204 and art. 306 and of the obligations and consequences indicated in art. 138 and art. 139. The instruction also includes information about: the possibilities of compensation of damage by the accused or obtaining state compensation, access to legal assistance, available protection and assistance measures, referred to in the Act of 28 November 2014. o protection and assistance to the victim and witness (Dz. U. of 2015 items (21), the aid provided for in Article 1 ( 43 § 8 of the Criminal Code, the possibility of issuing a European protection order, advocated support organisations, the content of art. 337a and the possibility of reimbursement of expenses incurred in connection with the participation in the proceedings. The instruction must be given to the victim in writing; the urged received the instruction confirms the caption.
§ 3. Before the first hearing, a witness shall be informed of his or her powers and duties as laid down in the Article. 177-192a and the available protection and assistance measures referred to in the Act of 28 November 2014. o protection and assistance to the victim and witness.
§ 4. The Minister of Justice shall determine, by means of a regulation, the patterns of written instructions referred to in paragraphs 1 to 3, having regard to the necessity of an understanding also by persons who do not benefit from the assistance of a defender or a proxy.
Article 301. [ Hearing of the suspect with the participation of the defender] At the request of the suspect, he should be questioned with the participation of the established defender The non-instability of the defense counsel does not promote the interrogation.
Article 302. [ The complaint to the proceedings in the preparatory proceedings] § 1. Persons who are not parties shall be entitled to a complaint against the provisions and arrangements which violate their rights.
§ 2. The parties and persons who are not parties shall serve to have a complaint other than those of the order and the order in which they infringe their rights.
§ 3. The complaint to the provisions and regulations and to the prosecutor's other activities in the preparatory proceedings referred to in paragraphs 1 and 2, as appropriate, shall be recognized by the prosecutor directly superior.
Chapter 34
Initiation
Article 303. [ Initiation of the investigation] Where there is a reasonable suspicion of a criminal offence, it shall be held, either on its own initiative or as a result of a notification of a criminal offence, of an order to initiate an investigation, which shall determine the act in question and the legal classification of the investigation.
Article 304. [ Notification of a criminal offence] § 1. Anyone, having learned of the commission of a criminal offence, has a social responsibility to inform the prosecutor or the police of this. The provisions of Article 4 148a and art. 156a shall apply mutatis mutandis.
§ 2. The state and local authorities, who, in connection with their activities, have learned of the commission of a criminal offence, shall be obliged to inform the prosecutor or the police immediately and to take the necessary steps to take the necessary action. the time of arrival of the body appointed for the prosecution of criminal offences or until such authority has issued an appropriate order to prevent the entry of evidence and evidence of a criminal offence.
§ 3. A notice of criminal or own data on the commission of such a criminal offence, to which it is mandatory to conduct an investigation by the procurator, the Police shall transmit together with the collected material without delay to the prosecutor.
Art. 304a. [ Protocol on the adoption of oral notification of crime and interrogation] A common protocol shall be drawn up for the adoption of an oral notification of a criminal offence and of a hearing as a witness to the notifying person; this protocol may also include a request to prosecute.
Article 304b. [ Receipt of notification of a criminal complaint] At the request of the victim lodging a notification of a criminal offence, he shall be given confirmation of the submission of the notice, including the date and place of acceptance thereof, the indication of the receiving authority together with the data to be contacted, the signature of the case, the data determining the identity of the victim, the time and place of committing the act to which the notification relates, and a brief description of the act and the damage caused. This is about the right of the victim to be instructed.
Article 305. [ Proceedings as a result of a notification of a criminal offence] § 1. As soon as it receives a notification of a criminal offence, the body designated to conduct the preparatory proceedings shall be obliged to issue a decision to initiate or refuse to open an investigation.
§ 2. (repealed)
§ 3. The order to initiate the investigation shall be issued by the prosecutor. The order of refusal to initiate or to remit the investigation shall be issued by the prosecutor or the Police; the order issued by the Police shall be approved by the Prosecutor.
§ 4. The initiation, refusal or remission of an investigation shall be notified to the person or body of the State, the local government or the social authority, who has filed a notification of a criminal offence and of the victim disclosed, and of the remission of the suspected person, of the person concerned. Information about their entitlement.
Article 306. [ The complaint to the order refusing to open an investigation] § 1. In order to refuse to open an investigation, a complaint shall be granted:
(1) urticaria;
2. the institution mentioned in Article § 4;
3. the person referred to in Article § 4 if, as a result of the offence, there has been a breach of its rights.
§ 1a. The order for the remission of the investigation shall be subject to a complaint:
1. the parties;
2) a state or self-government institution that has filed a notice of a criminal offence;
3) a person who has filed a notification of a criminal offence referred to in art. 228-231, art. 233, art. 235, art. 236, art. 245, art. 270-277, art. 278-294 or in art 296-306 of the Penal Code, if the criminal proceedings were initiated as a result of its notification, and as a result of that crime there was a violation of its rights.
§ 1b. The right to lodge a complaint referred to in paragraphs 1 and 1a shall be entitled to review the file. In order to review the act, the prosecutor may make the file available in electronic form.
§ 2. (repealed)
§ 3. If the person or institution that has filed a criminal notice is not notified within six weeks of the initiation or refusal of the criminal investigation, he or she may lodge a complaint with the public prosecutor or appointed to supervise the body, has been notified.
Article 307. [ Check Actions] § 1. Where appropriate, a supplement may be requested within the prescribed time limit of the data contained in the notification of a criminal offence or a check on the facts in this respect may be made. In that case, the decision to initiate the investigation or to the refusal to initiate the investigation shall be issued no later than 30 days after receipt of the notification.
§ 2. No evidence shall be carried out in the course of the examination of the expert's opinion or of the acts requiring the application of the protocol, with the exception of the adoption of an oral notification of a criminal offence or of an application for the prosecution and of the action referred to in paragraph 3.
§ 3. The addendum to the data contained in the criminal notice may also be followed by a hearing as a witness to the notifying person.
§ 4. (repealed)
§ 5. Article 2 (2) shall apply mutatis mutandis in the event of the enforcement by law enforcement authorities before the decision to open an investigation has been initiated to verify its own information, which shall assume that a criminal offence has been committed.
Article 308. [ Investigation or investigation to the necessary extent] § 1. Within the limits necessary to protect the traces and evidence of a criminal offence against the loss, distortion or destruction, the prosecutor or the police may, in any case, in cases of urgency, before the adoption of the decision on to initiate an investigation or investigation, to carry out, to the extent necessary, procedural steps and, in particular, to carry out a visual inspection, if necessary involving the expert, the search or the activities listed in Article 4 (1) of the basic Regulation. In accordance with the procedure laid down in Article 74 (2) (a) of Article 74 (2), point (1), in relation to the suspected person, and the other measures necessary for it, without excluding blood, hair and secretions After these steps have been carried out, in cases where the prosecutor's investigation is mandatory, the investigator shall transmit the case immediately to the prosecutor.
§ 2. In urgent cases, in particular where this could cause evidence of evidence of a criminal offence, a person suspected of having committed a criminal offence may be heard in the course of the acts listed in § 1. before issuing a provision on the presentation of the pleas in law, where the conditions for such an order are met. The hearing shall begin with information on the content of the plea.
§ 3. In the case provided for in paragraph 2, the cases in which the investigation is compulsory shall, at the latest, within five days of the hearing, the statement of objections shall be issued, or, in the absence of any conditions for drawing up the charge, shall be decommitted. the proceedings in relation to the person interrogated.
§ 4. In cases where it is mandatory to conduct an investigation, the order provided for in § 3 shall be issued by the prosecutor.
§ 5. The activities referred to in paragraphs 1 and 2 may only be carried out within 5 days of the first day of operation.
§ 6. In the cases referred to in paragraphs 1 and 2, the duration of the investigation or investigation shall be counted from the date of the first action.
Chapter 35
Conduct of investigations
Article 309. [ Investigation] The investigation shall be carried out on:
1) in which the diagnosis in the first instance belongs to the jurisdiction of the district court;
2) for appearants-when the person suspected is the judge, the prosecutor, the police officer, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Customs Service or the Central Anti-Corruption Bureau;
3) about the performance-when the suspected person is the Border Guard Officer, Military Gendarmerie, the financial body of the preparatory proceedings or the parent body over the financial body of the preparatory proceedings, in the matters belonging to the the characteristics of those authorities or of the performances committed by those officers in connection with the performance of their business activities;
4) with performances in which no investigation is carried out;
5) about the performances in which the investigation is carried out, if the procurator so decides due to the gravity or the intricacies of the case.
Article 310. [ Completion date of the investigation] § 1. The investigation should be completed within 3 months.
§ 2. In justified cases, the investigation period may be extended for further time marked by the prosecutor supervising the investigation or the prosecutor directly superior to the prosecutor, who is investigating, however, not longer than a year. In particularly justified cases, the competent prosecutor in charge of the prosecutor or investigator may extend his period for a further period of time.
Article 311. [ Investigating bodies] § 1. The prosecutor is under investigation.
§ 2. The Prosecutor may entrust the Police to carry out an investigation in whole or in a specified range or to carry out the individual actions of the investigation; in the cases referred to in art. However, only individual actions of the investigation may be entrusted to the Police.
§ 3. The assignment provided for in paragraph 2 may not include actions relating to the presentation of pleas in law, alteration or additions to the statement of objections and the closure of an investigation; it may, however, be applicable to the application of Article 4 (1) of 308 § 2.
§ 4. In the situation referred to in § 2, the Police may carry out other activities if the need is to be made.
§ 5. The prosecutor may reserve for personal execution any act of investigation, and in particular, acts requiring a provision.
§ 6. (repealed)
§ 7. (repealed)
Article 312. [ The authorities with the powers of the Police] The powers of the Police shall also be entitled:
1) bodies of the Border Guard, the Internal Security Agency, the Customs Service, the Central Anti-Corruption Bureau and the Military Gendarmerie, in terms of their properties;
2. other bodies provided for in specific provisions.
Article 313. [ Submission of the statement of objections] § 1. If the existing data at the time of the initiation of the investigation or collected in the course of the investigation justify a reasonable suspicion that the act has been committed by the person concerned, the statement of objections shall be drawn up, shall be published immediately to the suspect and shall be heard. It is not possible because of his hiding or absence in the country, unless the announcement of the order or the questioning of the suspect is possible.
§ 2. The statement of objections contains an indication of the suspect, the precise determination of the alleged act and his legal qualification.
§ 3. The suspect may, until such time as he has been notified of the date of his knowledge with the materials of the investigation, request that he be given orally the grounds of the pleas and that the statement of reasons must be drawn up in writing, which must be followed. The statement of reasons shall be served on the suspected and established defender within 14 days.
§ 4. In particular, it is necessary to indicate, in particular, what facts and evidence have been taken as a basis for the allegations.
Article 314. [ Modification of allegations] If, in the course of the investigation, it appears that the suspected person is to be accused of an act not previously covered by the statement of objections or the act as amended in a substantial manner, or that the alleged act must be qualified from a stricter one the provision, a new provision shall be issued without delay, shall be announced to the suspected person and shall be heard. Article Recipe 313 (3) and (4) shall apply mutatis mutandis.
Article 315. [ Requests of the parties to investigate the investigation] § 1. The suspected and his defender and the victim and his representative may be requested to carry out an investigation.
§ 2. The party that has made the application and its defender or proxy shall not be refused to take part in the action if they so request. Article Recipe The second sentence shall apply.
Article 316. [ Allowing Pages to Participate] § 1. If the investigation procedure is not possible to repeat at the trial, the suspected, the victim and their legal representatives, and the defender and the representative, if they are already in the case, are to be allowed to participate in the action, unless there is a the risk of loss or distortion of evidence in the event of delay.
§ 2. A suspect deprived of liberty shall not be reduced when the delay threatens to lose or distort evidence.
§ 3. If there is a danger that the witness cannot be heard at the trial, the party or the prosecutor or any other body conducting the proceedings may request the court to ask him to be heard by the court.
Article 317. [ Participation in tasks] § 1. The parties, and the defender or representative, when they are already in the case, should also be allowed to participate in any other activities of the investigation.
§ 2. In a particularly justified case, a prosecutor may decide to refuse admission to an action on grounds of an important interest in the investigation or to refuse to bring the accused person without liberty when this would cause serious difficulties.
Article 318. [ Participation in expert hearings] Where evidence has been accepted of an expert or a scientific or specialised body, a suspect and his defender and of a victim and his representative shall be served by an order to allow such evidence and shall allow the hearing to take part in the hearing. to the experts, and to consult the opinion, if it is made in writing. A suspect deprived of liberty does not come down when it would cause serious difficulties.
Article 319. (repealed)
Article 320. (repealed)
Chapter 36
Closure of investigations
Article 321. [ Final knowledge of the suspect with the materials of the proceedings] § 1. If there are grounds to close the investigation, at the request of the suspect or his defense counsel for a final familial with the materials of the proceedings, the investigator shall inform the suspect and the defender of the date of the final knowledge, instructing them of almost the prior review of the file within a period of time appropriate to the gravity or complexity of the case, as determined by the procedural authority. In order to review the act, the prosecutor may make the file available in electronic form.
§ 2. The term of familiarising the suspect with the materials of the proceedings should be so appointed that, from the date of service of the notification of him to the suspect and his defense counsel, at least 7 days are passed.
§ 3. In the knowledge of the suspect with the materials of the proceedings, he has the right to participate in the defender.
§ 4. The unjustifiable failure of the suspect or his defense counsel does not include any further proceedings.
§ 5. Within 3 days from the date of knowledge of the suspect with the materials of the proceedings, the parties may submit requests to supplement the investigation. Article Recipe 315 § 2 shall apply mutatis mutandis.
§ 6. If there is no need to complete the investigation, it shall be issued that the investigation shall be closed and published or the contents of the investigation shall be notified to the suspect and his/her defender shall be notified.
Article 322. [ Cancellation of investigation] § 1. Where the proceedings have not provided a basis for an indictment, and the conditions laid down in Article 4 of the Rules of Procedure do not apply. 324, the investigation is underway without having to familiarize yourself with the materials and the closure of the case.
§ 2. The order to remit the investigation should include, in addition to the data listed in the article. 94, the precise definition of the act and its legal qualification and an indication of the reasons for the remission.
§ 3. If the write-off follows the release of the statement of objections or the hearing of a person as a suspect, the order for remission shall also include the name of the suspect and, if necessary, other particulars of his or her person.
Article 323. [ A determination on factual evidence] § 1. In the event of a waiver of investigation, the prosecutor shall issue an order as to the evidence in kind in accordance with the provisions of Article 230-233.
§ 2. The order referred to in paragraph 1 shall be entitled to grievance of a suspected victim, to the victim and to the person from whom the objects were received or to whom the claim was made.
§ 3. After the decision to discontinue the prosecutor's investigation has been entitled, if there are any grounds specified in the article. 45a of the Penal Code or in art. 43 § 1 i 2 and art. 47 § 4 of the Tax Penal Code, shall apply to the court with the application for the ruling of forfeiture. Such a request may also be made by the prosecutor in the event of a waiver of the proceedings against the non-detection of the offender of a criminal offence, a tax offence or a tax offence, provided that the provision provides for a forfeiture.
Article 324. [ Application for precautionary measures] § 1. If it is determined that the suspect has committed an act in a state of insanity, and there are grounds for the application of safeguard measures, the prosecutor after the closure of the investigation shall refer the case to the court with a request for remission of proceedings and the use of protective measures. Article Recipe 321 shall apply mutatis mutandis.
§ 1a. The application referred to in paragraph 1 shall apply mutatis mutandis. 331 § 1 and 4, art. 332, art. 333 § 1-3 and art. 334 § 1, and by forwarding the application to the court, the procurator shall inform the disclosed wronged.
§ 2. If the court does not find grounds to take into account the request referred to in § 1, it shall refer the case to the prosecutor for further conduct.
§ 3. The order of the court shall be entitled to a complaint.
Article 325. [ A decision to suspend the investigation] The order of suspension of the investigation, if not issued by the prosecutor, requires his written approval.
Chapter 36a
Investigation
Art. 325a. [ Bodies investigating the investigation] § 1. The investigation shall be carried out by the Police or the authorities referred to in Article 4. 312, unless the prosecutor leads them.
§ 2. The provisions relating to the investigation shall apply mutatis mutandis to the investigation, if the provisions of this Chapter do not provide otherwise.
Art. 325b. [ Cases conducted in the form of an investigation] § 1. The investigation shall be carried out in cases of criminal offences belonging to the jurisdiction of the district court:
1) punishable by a penalty not exceeding 5 years of imprisonment, except in the case of crimes against property only if the value of the subject of the offence or the damage caused or the grounding does not exceed 200 000 zł;
2. provided for in Article 159, art. 254a and art. 262 § 2 of the Penal Code;
3. provided for in Article 279 § 1, art. 286 § 1 and 2 and in Art. 289 § 2 of the Penal Code, if the value of the subject of the offence or the damage caused or grounting does not exceed PLN 200 000.
§ 2. Of the offences referred to in paragraph 1, point 1, no investigations shall be carried out in respect of criminal offences as referred to in Article 1 (1). 155, art. 156 § 2, art. 157a § 1, art. 165 § 2, art. 168, art. 174 § 2, art. 175, art. 181-184, art. 186, art. 201, art. 231 § 1 and 3, art. 240 § 1, art. 250a § 1-3, art. 265 § 3 and Chapter XXXVI, with the exception of Art. 297 and Art. 300, and Chapter XXXVII of the Criminal Code.
Art. 325c. (repealed)
Art. 325d. [ Delegation] The Minister of Justice, in agreement with the relevant ministers, shall determine, by regulation, the bodies authorised by the Police to carry out investigations and the authorities entitled to bring and support the prosecution before the courts of first instance in the the cases in which the investigation was carried out, as well as the scope of the cases commissioned by those authorities, having regard to the scope of the powers of those authorities as laid down by the law.
Art. 325e. [ Issuing, announcing and justifying provisions] § 1. The provisions of the initiation of the investigation, refusal to initiate an investigation, remission of the investigation and entry into the register of offences, the remission of the investigation and the suspension of the investigation shall be issued by the investigator. They may be included in the Protocol referred to in Article 4. 304a, and do not require justification. At the request of the party, the investigating authority shall prescribe the main reasons for the decision.
§ 1a. Where a notification of a criminal offence has been submitted by a Labour inspector or the Supreme Audit Office, the reasons for the refusal to open an investigation and the remission of the investigation shall be made on request. The provisions of Article 4 422 and Art. 423 shall apply mutatis mutandis. The complaint shall be lodged within 7 days from the date of service of the order in the statement of reasons.
§ 2. The provisions referred to in § 1, with the exception of the order of initiation of the investigation and the cancellation and entry of the case to the criminal record, shall be approved by the prosecutor. The provisions of Article 4 323 applies the prosecutor, and in a case which, after redemption, was entered in the criminal record-Police.
§ 3. (repealed)
§ 4. A complaint to the order for the remission of an investigation and the entry into the criminal record shall be lodged with the procurator responsible for the supervision of the investigation. If the prosecutor doesn't come to the complaint, he's going to court.
Art. 325f. [ Failure to detect the perpetrator] § 1. If the data obtained in the course of the activities referred to in Article 308 § 1, or maintained for a period of at least 5 days of the investigation do not create sufficient grounds for detecting the perpetrator by further procedural steps, one may issue an order to discontinue the investigation and enter the case into the register offences.
§ 2. Following the issue of the order referred to in § 1, the Police, on the basis of separate regulations, shall carry out activities to detect the perpetrator and obtain evidence.
§ 3. If data are disclosed to detect the perpetrator, the Police shall issue a decision to reopen the investigation. Article Recipe 305 § 4 shall apply mutatis mutandis; the provisions of Article 4 305 (3), first sentence, and Article Paragraph 1 shall not apply.
§ 4. (repealed)
Art. 325g. [ Suspicious interview] § 1. It is not necessary to draw up a statement of objections and to issue a decision to close the investigation unless the suspect is temporarily arrested.
§ 2. The questioning of the suspected person begins by notifying her of the contents of the plea entered in the interrogation protocol. This person shall be deemed to be a suspect from the start of the hearing.
§ 3. The suspect should be allowed to prepare for the defence and, in particular, to establish or appoint a defender.
Art. 325h. [ Limited investigation] The investigation may be limited to ascertain whether there are sufficient grounds for bringing an indictment or other termination of the proceeding. However, it is necessary to carry out the measures provided for 321 § 1-5 and in Art. 325g § 2, interrogation of the suspect and the victim and conduct and perpetuate in the protocols of the activities which cannot be repeated. The fixation of other evidence shall be in the form of a limited protocol for the recording of the most relevant statements of the persons involved in the task; the provision of the Article. The first sentence of Article 148 (2) shall not apply.
Art. 325i. [ Completion date of the investigation] § 1. The investigation should be completed within 2 months. The prosecutor may extend this period to 3 months, and in cases of particularly justified cases, for a further period of time.
§ 2. (repealed)
§ 3. Prosecutor's powers as set out in Article 335, art. 336 and art. 387 § 2 is also entitled to other than the prosecutor of the authorities entitled to bring and support charges in criminal cases prosecuted from public prosecutions.
Chapter 37
Prosecutor's supervision of preparatory proceedings
Article 326. [ Supervision of the prosecutor] § 1. The prosecutor shall supervising the preparatory proceedings to the extent that he himself does not conduct it; the prosecutor may also extend the supervision of the proceedings referred to in art. 307.
§ 2. The procurator is obliged to watch over the correct and smooth running of the whole supervised procedure.
§ 3. The prosecutor may, in particular, for the supervision of the prosecutor:
1) learn about the conduct of the proceedings, indicate the directions of the proceedings and issue as to the management of the proceedings;
2) request the presentation of the materials collected in the course of the proceedings;
3) participate in the activities carried out by the presenters, personally carry them out or take over the case for their conduct;
4) issue provisions, ordinances or orders, and amend and repeal the provisions and ordinances issued by the investigator.
§ 4. In the event of a failure by the authority which is not the prosecutor of the order, the order or order issued by the prosecutor, the officer responsible shall, at his request, initiate a business procedure; he shall inform him of the outcome of the proceedings. Prosecutor.
Article 327. [ Taking the proceedings to be taken] § 1. A waiver of preparatory proceedings may at any time be retaken in accordance with the provisions of the prosecutor if it is not against the person who, in the previous proceedings, has performed as a suspected person. This provision shall apply mutatis mutandis in a case where the initiation of an investigation or investigation has been refused.
§ 2. The legal remission shall be resumed against the person who has been in the capacity of the suspected person, under the order of the procurator of the person who issued or approved the order for redemption, only then, where new relevant facts or evidence is found not known in the previous proceedings, or where the circumstances referred to in Article 1 are present. 11 § 3. The limitation period for the temporary arrest provided for in the Act shall be applied to the total duration of that measure.
§ 3. The prosecutor may, prior to the adoption of the decision or renewed decision, take the necessary evidence to verify the circumstances justifying the issuing of the order.
§ 4. After the indictment has been lodged, the court shall prosecute the proceedings if it finds that the preparatory proceedings have resumed despite the absence of grounds.
Article 328. [ Repeal of the final decision to discontinue the proceedings] § 1. The Attorney General may waive the final decision to waive the preparatory proceedings in respect of a person who has appeared as a suspect, if he finds that the write-off of the proceedings was unfounded. This does not apply to the case in which the court upheld the order for redemption.
§ 2. After the lapse of one year from the date of entitlement to the remission, the General Prosecutor's Office may waive or amend the order or its reasons only for the benefit of the suspect.
Chapter 38
Judicial activities in the preparatory proceedings
Article 329. [ Court of First Instance to act in the preparatory proceedings] § 1. The preparatory proceedings provided for by the Act in the preparatory proceedings shall, if the Act does not provide otherwise, at a meeting of the court set up to hear the case in the first instance.
Article 2 (2) of the Court of First Instance shall act in accordance with the procedure laid down in Article 2 (1) of the General Court, even if it is not otherwise known to the Court of Justice to
Article 330. [ Repeal of the order for the remission of preparatory proceedings] § 1. By repealing the order for the remission of the preparatory proceedings or the refusal to initiate the procedure, the court shall state the reasons for the repeal and, where necessary, the circumstances to be clarified or the steps to be carried out. These indications shall be binding on the body conducting the preparatory proceedings.
(2) If the investigating authority still does not have the grounds for bringing an indictment, it shall issue a redecision or refusal to initiate the procedure. In that case, the victim who has exercised the powers provided for in Article 4 (1) of the 306 § 1 and 1a, may bring the indictment specified in Art. 55 § 1-what should be taught about it.
§ 3. In the event of an indictment filed by the victim, the President of the court shall send his copy to the prosecutor, calling upon him to submit within a period of 14 days an act of preparatory proceedings.
Chapter 39
Indictment
Article 331. [ The term for drawing up and bringing an indictment to the court] § 1. Within 14 days of the date of closure of the investigation or on receipt of the indictment drawn up by the Police in the investigation, the prosecutor shall draw up an indictment or approve the indictment drawn up by the Police in the investigation and bring it to the court or himself issue a waiver, suspension or replenishment of an investigation or investigation.
§ 2. The body referred to in art. 325d, may bring the indictment directly to the court, unless the prosecutor decides otherwise.
§ 3. If the suspect is temporarily arrested, the term specified in § 1 shall be 7 days.
§ 4. In the case where provisional arrest is applied to the suspect, the indictment shall be lodged no later than 14 days before the expiry of the time limit for the application of that measure.
Article 332. [ Contents of the indictment] § 1. The indictment should contain:
1) the name and surname of the accused, other details of his or her person, data on the application of the preventive measure and the property security;
2) the precise determination of the alleged accused act with an indication of the time, place, manner and circumstances of its committing and the effects, and especially of the amount of the resulting damage;
3) an indication that the act was committed under the conditions mentioned in art. 64 or art. 65 Penal Code or Art. 37 § 1 of the Code of Criminal Treasury;
4) an indication of the provisions of the penal law, under which the alleged act of the subpada;
5) an indication of the court competent to recognize the case.
6) (repealed)
§ 2. The indictment shall be accompanied by a statement of reasons giving the facts and evidence on which the accusation is based and, where necessary, explaining the legal basis of the accusation and discussing the circumstances invoked by the accused in its defence.
§ 3. If the preparatory proceedings have been concluded in the form of an investigation, the indictment may not include a statement of reasons.
Article 333. [ List of evidence] § 1. The indictment should also include:
1) a list of the persons whose summings the prosecutor requests;
2) a list of other evidence, which the prosecutor has requested on the main trial.
§ 2. The procurator may ask for a failure to summons and read the testimony of witnesses present abroad or to determine the circumstances which the accused in his explanations have not denied, and these circumstances are not so momentous that the it was necessary to directly interview witnesses at the trial. This does not apply to the persons mentioned in the article. 182.
§ 3. The indictment shall be accompanied by the court's message, the list of persons disclosed and the addresses of the persons concerned, as well as the addresses of the persons referred to in paragraph 1 (1).
§ 4. (repealed)
Article 334. [ Transfer of preparatory proceedings] § 1. The indictment shall be sent to the court records of the preparatory proceedings, together with the annexes.
§ 2. The indictment shall also be accompanied by:
1) the addressee annex to the case file;
2) after one transcript of this act for each accused, and in the case referred to in art. 335 § 2 also for any urticaria.
§ 3. About the transfer of the indictment to the court and the content of the provisions of art. 343 and art. 343a the public prosecutor shall notify the accused and the victim of the victim, as well as the person or institution that has filed the criminal notice. The victim should be advised of the wording of the article. 49a, as well as about the right to make a declaration of action as a prosecutor of the meal.
Article 335. [ Application for a judgment without a hearing] § 1. If the accused is pleaded guilty, and in the light of his explanations the circumstances of the commission of the offence and the fault do not cast doubt, and the defendant's attitude indicates that the objectives of the proceedings will be reached, one may fail to carry out further tasks. Where there is a need to assess the reliability of the explanations submitted, the evidence shall be carried out only to the extent necessary. In any event, where this is necessary for the protection of the traces and evidence of a criminal offence against loss, distortion or destruction, it is necessary to carry out the procedural steps necessary, in particular, to carry out a visual inspection, in the event of a loss or destruction of the offence, the needs involving the expert, the search or the activities listed in the Article. In accordance with the procedure laid down in Article 74 (2) (a) of Article 74 (2), point (1), in relation to the suspected person, and the other measures necessary for it, without excluding blood, hair and secretions The prosecutor, instead of with the indictment, is requesting the court to issue at a meeting of the conviction and the judgment agreed with the accused or other measures provided for the alleged tremors, also taking into account the legal protected interests of the victim. The agreement may also cover the issue of a specific decision on the costs of the process.
§ 1a. The application referred to in paragraph 1 shall apply, mutatis mutandis, to the indictment contained in Chapter 40, with the exception of Article 4 (1) of the Rules of procedure. 344a.
§ 2. The procurator may attach to the indictment an application for the issue at the meeting of the conviction and the decision agreed with the accused or other measures provided for the alleged islets, including the legally protected interests The defendant, if the circumstances of the offence and the accused's fault do not raise any doubt, the statement of evidence submitted by the accused is not contrary to the findings made, and the defendant's attitude indicates that the objectives of the proceedings will be achieved. The application shall be subject to the provisions of the fifth sentence of paragraph 1 and the second sentence of paragraph 3 respectively. The indictment shall not apply to the provisions of Article 4. 333 § 1 and 2.
§ 2a. The prosecutor, agreeing with the accused the content of the application referred to in § 1 or 2, instructing him of the content of art. § 5. The instruction shall be indicated in the file.
§ 3. The application referred to in paragraph 1 shall contain the data referred to in Article 1. 332 § 1. The reasons for the request shall be limited to evidence showing that the circumstances of the offence and of the accused's fault do not raise doubts and that the objectives of the proceedings will be achieved without a hearing. The provisions of Article 4 333 § 3 and art. 334 shall apply mutatis mutandis. The parties, defenders and proxies shall have the right to review an act of the case, which must be addressed.
§ 4. In the event that the court, not having regard to the request referred to in paragraph 1, has returned the case to the prosecutor, a reoccurrence with such a request shall be possible if the reimbursement occurred for the reasons indicated in the art. 343 § 1, 2 or 3. The reimbursement of the case does not preclue the application of the application referred to in paragraph 2.
Article 336. [ Application for conditional remission of proceedings] § 1. If the conditions justifying the conditional redemption of the proceedings are met, the prosecutor may, instead of the indictment, draw up and refer to the court an application for such a remission.
§ 2. The application shall apply mutatis mutandis. 332 § 1 points 1, 2, 4 and 5. The reasons for the application may be limited to evidence showing that the accused's fault is of no doubt and, moreover, the circumstances in which it is conditional on the conditional redemption.
§ 3. The procurator may indicate the proposed period of trial, the obligations to be imposed on the accused and, where appropriate, the conclusions as to the supervision.
§ 4. The application shall be accompanied by a court message, a list of the affected persons and the addresses of the persons who have been disclosed. Article Recipe 334 shall apply mutatis mutandis.
§ 5. The provisions relating to the indictment contained in Chapter 40 shall apply mutatis mutandis to the application for conditional remission of proceedings.
CHAPTER VIII
The proceedings before the court of first instance
Chapter 40
Preliminary indictment
Article 337. [ Addendum to formal deficiencies] § 1. If the indictment does not comply with the formal conditions set out in the Article 119, art. 332, art. 333 or Art. 335, as well as if the conditions set out in the Article are not fulfilled. 334, the president of the court shall return him to the prosecutor to remedy the deficiencies within 7 days.
§ 1a. (repealed)
§ 2. On the order referred to in § 1, the prosecutor shall be entitled to a complaint to the court competent to identify the case.
§ 3. A public prosecutor who does not lodge a complaint shall be required to bring an amended or supplemented indictment within the time limit indicated in paragraph 1.
§ 4. (repealed)
Art. 337a. [ Informing the victim of the date and place of the hearing or of the meeting] § 1. At the request of the victim, he shall be informed of the date and place of the hearing or of the sitting referred to in Article 4. 339 § 3 paragraphs 1 and 2, art. 341 or Article. 343, and the accusations and their legal qualifications.
§ 2. If the claims referred to in paragraph 1 have so far submitted that their individual information would cause serious difficulties in the conduct of the proceedings, the information shall be entered in the notice on the website of the court. The information shall indicate the signature of the case file, and no personal data contained in the allegations shall be provided.
Article 338. [ Served on the defendant's write-off of the indictment] § 1. If the indictment corresponds to the formal conditions, the President of the court or the court referendary shall immediately manage the service of his write-off against the accused, calling for the submission of evidence within seven days from the date of service of the indictment.
§ 1a. The accused shall also be instructed on the content of the provisions of the Article. 291 § 3, art. 338a, art. 341 § 1, art. 349 § 8, art. 374, art. 376, art. 377 and Art. 422 and that the application for the appointment of a public defender should be submitted at the latest within 7 days from the date of service of the call or the notice of the date of the hearing or of the meeting referred to in art. 341 or Article. 343, as well as on the fact that, depending on the outcome of the trial, the accused may be charged with the costs of appointing the public defender.
§ 1b. If the application referred to in Article 4 is submitted. 335 § 1, or the indictment shall contain the request referred to in art. 335 § 2, its write-off shall be served on the victim disclosed.
§ 2. The accused shall have the right to bring, within 7 days of service of the indictment, a written reply to the indictment, which shall be taught him.
§ 3. Where there is a danger of disclosure of classified information of a "secret" or "top secret" clause, the defendant shall be served with a copy of the indictment without justification. However, the statement of reasons for the indictment shall be made available in accordance with the rigors determined by the President or
Art. 338a. [ Application for sentencing without evidence of evidence] An accused, who has been accused of a criminal offence not exceeding 15 years of imprisonment, may, before serving him with a notification of the date of the hearing, apply for a conviction and to impose a penalty or measure against him. criminal, judgment of forfeiture or compensatory measure without any evidence of evidence. The application may also concern the issue of a specific decision on the costs of the process.
Article 339. [ The hearing of the case at the meeting] § 1. The President of the Tribunal shall refer the case to the sitting if:
1) the prosecutor has filed a request for a decision of the security measures;
2) there is a need to consider the issue of conditional redemption of the proceedings;
3) to the indictment attached the application referred to in art. 335 § 2;
3a) the prosecutor has submitted the request referred to in art. 335 § 1.
4) (repealed)
5) (repealed)
§ 2. (repealed)
§ 3. The President of the Tribunal shall also refer the matter to the meeting when there is a need for a different settlement exceeding his or her powers, and in particular:
1) redemption of the proceedings on the basis of art. 17 § 1 points 2 to 11;
(2) remission of the proceedings on account of the obvious lack of factual basis of the accusation;
3) to issue a provision on the incompetence of the court or of the change indicated in the indictment of the procedure of the proceedings;
3a) the return of the case to the prosecutor in order to remove significant deficiencies of the preparatory proceedings;
4) (repealed)
5) the provisions of the suspension of proceedings;
6) the issue of the provisions on the subject of interim arrest or other coercive measures;
7) the issue of the order of order.
§ 3a. The President of the Tribunal may refer the case to the sitting if the defendant, who has been accused of a criminal offence not exceeding 15 years of imprisonment, has submitted the application referred to in Article 4 before the notification of the appointment of the hearing. The President of the Tribunal shall consider that the objectives of the proceedings do not object to the recognition of the case at the meeting.
§ 4. The President of the Tribunal shall refer the case to the sitting in addition where there is a need to consider the possibility of providing it to the mediation proceedings; the provision of Article 4 23a shall apply mutatis mutandis.
§ 4a. If the indictment complies with the formal conditions, the acts referred to in paragraphs 1, 3 and 4 shall be carried out by the President of the court within 30 days of the filing of the indictment.
§ 5. The parties, defenders and proxies may take part in the meetings referred to in § 1 and § 3, paragraphs 1, 2 and 6, with the participation of the prosecutor and the defender in a meeting on the decision of the safeguard measure referred to in Article 3. 93a § 1 point 4 of the Penal Code is mandatory. He shall be entitled to attend the meetings referred to in paragraphs 3 (1) and (2). By providing the victim with a hearing, he shall instruct him of the possibility to terminate the proceedings without a hearing and to make an earlier statement of his or her right to the proceedings before the hearing. This is a matter of the 54 § 1.
Article 340. [ Closure of proceedings] § 1. In the case of redemption of the proceedings, the provisions of Article 4 of 322 and Art. § 323 § 1 and 2.
§ 2. Where there is a basis laid down in Article 4, 45a or art. 99 § 1 of the Penal Code or in Article 43 § 1, 2 or in Art. 47 § 4 of the Criminal Code of the Treasury, the court, the dead of the proceedings or recognizing the prosecutor's request mentioned in art. 323 § 3, the forfeiture shall be ruled out.
§ 3. The person claiming the right to the benefit or the objects forfeited on the basis of art. 44-45a Penal Code or Art. 43 § 1 i 2 and art. 47 § 4 of the Code of Criminal Treasury, may assert its claims only in civil proceedings.
Article 341. [ Sitting on the Conditional Redemption of the proceeding] § 1. The prosecutor, the accused and the hitman, shall have the right to attend the sitting on the subject of conditional redemption of the proceedings. Their participation is obligatory if the President of the Tribunal or the court so goveres.
§ 2. If the accused opposes the conditional redemption, as well as when the court recognizes that the conditional redemption would be unfounded, directs the case for trial. The prosecutor's request for conditional remission of proceedings shall replace the indictment. Within 7 days, the public prosecutor shall carry out the activities referred to in Article. § 333 § 1-2.
§ 3. If the court finds that it is expedient, in view of the possibility of an agreement on the part of the defendant in respect of compensation for damage or redress, it may postpone the sitting by setting the parties a reasonable period of time. At the request of the accused and the victim of a reasonable need to make arrangements, the court shall manage the appropriate recess or depart.
§ 4. The judgment of the Tribunal shall take into account the results of the agreement of the defendant in respect of the question referred to in paragraph 3.
§ 5. On the subject of the conditional redemption of the proceedings, the court shall adjudicate at its meeting.
Article 342. [ Conditional verdict of the dying conduct] § 1. In the judgment of the conditionally dead procedure, the exact act of the accused must be determined, the provision of the criminal act under which the action is taken, and the period of the trial shall be determined.
§ 2. In the judgment, the court also sets out the obligations imposed on the accused and the manner and timing of their execution, or, instead of those obligations, adjudicates the establishment and, in the event of recognition as deliberate, a pecuniary provision or a prohibition on driving, probation of the curator, the person concerned the trustworthy or the institution or social organisation.
§ 3. The judgment should, where appropriate, contain a determination as to the factual evidence. The General Court shall apply Article 4 of 230 § 2 and 3 and art 231-233, taking into account the need to safeguard evidence in the event of a proceeding.
§ 4. The judgment in question referred to in paragraph 3 may be appealed against by the persons referred to in Article 3. § 2.
§ 5. (repealed)
Article 343. [ The examination of the request for sentencing without a hearing] § 1. If Article is not applicable. 46 Penal Code, the court may make the application of the application referred to in Article. 335, from reparation of damage in whole or in part or from reparation for a known harm. Article Recipe 341 § 3 shall apply mutatis mutandis.
§ 2. Taking into account the application is possible only if it does not object to the victim, duly notified of the date of the meeting.
§ 3. The Tribunal may make the application to be taken into account by the prosecutor of the amendment which he has indicated, which he has accepted by the defendant.
§ 4. The proceedings of evidence shall not be carried out.
§ 5. The prosecutor, the accused and the victim are entitled to attend the meeting. By notifying the victims of the meeting, it shall instruct him to terminate the proceedings without a hearing and to make the declaration referred to in Article 4 earlier. 54 § 1. The participation of the entities mentioned in the first sentence in the meeting is obligatory if the President of the Tribunal or the court so manages.
§ 5a. Before taking into account the proposal referred to in Article 335, the court instruct the defendant of the content of art. § 5.
§ 6. The court shall, having regard to the application, sentence the defendant to the judgment.
§ 7. If the court considers that there are no grounds for taking account of the application referred to in Article 335 § 1, returns the case to the prosecutor. If the application referred to in Article 4 is not taken into account. 335 § 2 cases shall be subject to recognition in general terms, and the prosecutor shall, within 7 days of the day of the meeting, carry out the activities referred to in art. 333 § 1 and 2.
Article 343a. [ Notification of the date of the meeting on the issue of the conviction without the evidence to be carried out] § 1. In the case of a submission by the accused, who has been alleged to have been carried out, the application referred to in Article The date of the meeting shall be notified to the parties and to the victim, by means of a copy of the request.
§ 2. The Tribunal may take into account the application if the circumstances of the commission of the offence and of the fault do not raise doubts, and the defendant's attitude indicates that the objectives of the proceedings will be achieved. It is possible to take account of the proposal only if the prosecutor does not object. Article Recipe 343 shall apply mutatis mutandis.
§ 3. In the event of a further application, he shall be aware of the hearing.
Article 344. [ Resolving temporary arrest] If the accused is temporarily arrested, the court of office shall decide on the maintenance, amendment or repeal of that measure. If necessary, it shall also rule on other preventative measures.
Article 344a. [ The transfer of the case in order to complete the investigation or investigation] § 1. The court shall refer the case to the prosecutor in order to complete the investigation or investigation if the case file indicates significant deficiencies of the proceedings, in particular the need to seek evidence, and that the necessary action by the court would result in the prosecution of the significant difficulties.
§ 2. In passing the case to the prosecutor, the court shall indicate the direction of completion and, if necessary, the appropriate action to be taken.
§ 3. The order referred to in § 1 shall serve the parties to the complaint.
Article 344b. [ Proceeding after the completion of an investigation or investigation] After completion of the investigation or investigation, the public prosecutor shall submit a new indictment or uphold the previous one, shall refer to the court a request for conditional remission of the proceedings or the conduct of the uman.
Article 345. (repealed)
Article 346. (repealed)
Article 347. [ Freedom of assessment of the court] In further proceedings, the court shall not be bound by neither the factual assessment nor the legal basis adopted as a basis for the provisions and orders issued at the meeting.
Chapter 41
Preparation for main hearing
Article 348. [ Term of the hearing] The hearing shall be determined and carried out without undue delay.
Article 349. [ The designation of the judge or members of the formation of the adjudicatory and the referral of the case to the sitting] § 1. If the envisaged scope of the evidence justifies the presumption that at least five hearing time limits are necessary, the President of the Tribunal shall, without delay, designate the Judge or members of the formation of the Court of Justice and shall refer the matter to the Court of Justice of the European Community. a meeting.
§ 2. The actions referred to in paragraph 1 may also be carried out by the President of the court if, by reason of the complexity of the case or for other important reasons, it considers that this may contribute to the improvement of the proceedings, and in particular of the proper planning and organisation of the proceedings. main hearing.
§ 3. The meeting should take place within 30 days from the date of its designation.
§ 4. Public prosecutors, defenders and proxies shall have the right to attend. The President of the Tribunal may consider their participation in a meeting to be mandatory. The President of the Tribunal may also notify the other parties if he/she considers that this will contribute to the improvement of the proceedings.
§ 5. When appointing a sitting, the President of the court calls on the public prosecutor, agents and defenders to present a written position on the planning of the course of the main hearing and of its organisation, including the evidence to be carried out first of all, within 7 days of service of the call.
§ 6. The position on the planning and organisation of the main hearing shall include the conclusions of evidence and the information and statements, in particular on the dates on which the hearing has been proposed and their subject, of the time limits for the absence of the participants in question. the trial, as well as statements indicating the need for a call for a court hearing, a court curator, a review of the accused's criminal data and other statements regarding the circumstances relevant to the smooth conduct of the trial proceedings.
§ 7. At the meeting, the court shall rule on the application of evidence and the chairman of the formation of the adjudicating bench, taking into account the positions on the planning and organisation of the main hearing provided by the parties, agents and defenders, resolves in the the order of the evidence, the course and the organisation of the main hearing, and the time limits for which it is to be determined, and the other necessary decisions. The provisions of Article 4 350 (2) to (4) shall apply mutatis mutandis.
§ 8. The announcement of the order for the appointment of the term of the hearing shall have the effect of summing up the present participants in the proceedings to participate in the hearing or by the notification of the time limits.
Article 350. [ Governing Board for the designation of the main hearing] § 1. In cases where the meeting referred to in Article 4 has not been set. The President of the Tribunal shall issue a written order indicating the judge or the members of the formation of the adjudicating bench.
§ 2. The President of the formation of the adjudicatory shall issue a written order on the appointment of the main hearing, in which he points out:
1) the day, the hour and the courtrole;
2) the parties and other persons who should be called upon to be divorced or notified of the time limit;
3) other activities necessary for the preparation of the hearing.
§ 3. As regards the accused deprived of liberty, it is appropriate to issue an order to bring it to trial in order to participate in the activities referred to in Article 4. 374 § 1a, as well as if he made the request referred to in art. 353 § 3, or when its presence at the hearing has been declared mandatory.
§ 4. The main hearing shall be notified to the victim of the date and place of the main hearing.
Article 351. [ Assignment of cases to the judiciary for diagnosis] § 1. The Judge or the Judges appointed to adjudicate in the case shall be determined in the order in accordance with the influence of the case and of the court or department concerned on the parties to the list of judges. The derogation from that order shall be admissible only for the disease of the judge or for any other valid reason, which must be noted in the order for the appointment of the hearing.
§ 2. When, in the act of accusation, the commission is accused of committing a crime at risk of 25 years of imprisonment or life imprisonment, the appointment of the adjudicating bench shall be carried out at the request of the prosecutor or the defense counsel at the time of the drawing of the offence, at which they have the right to be present. The prosecutor may submit the application no later than within 7 days after the prosecution of the indictment, and the defender within 7 days from the date of service of the act of the indictment.
§ 3. The Minister for Justice shall determine, by regulation, the detailed rules for the designation and drawing of the formation of the adjudicating bench, having regard to the need to guarantee equal probability of participation in the formation of the formation of the formation of the Court of Justice in each case judges of the court or department concerned.
Article 352. [ Admission and bringing of evidence for trial] The chairman of the adjudicatory bench shall, after considering the requests of the parties, or the court of its own motion, allow the evidence and the chairperson shall administer the evidence for the hearing. Article Recipe 368 shall apply mutatis mutandis.
Article 353. [ Deadline for preparation of the accused for the hearing] § 1. At least 7 days should elapse between the notification of the notification and the date of the main hearing.
§ 2. In the event of failure to comply with this term in relation to the defendant or his defense counsel, the hearing at their request, reported before the start of the court wire, shall be postponed.
§ 3. When serving an accused deprived of liberty whose presence at the hearing is not compulsory, a notification of the date of the hearing must be informed of the right to submit within seven days of the date of service of the notification of the application to bring him into effect. at the hearing.
§ 4. When serving the defendant in a hearing or a notice of his or her time, he shall be instructed to do so of the text of the provisions of Article 4 (1). 374, art. 376, art. 377, art. 422 and Art. § 5.
§ 4a. When notifying the party of the date of the hearing, it shall be informed of the content of the Article. 402 § 1 third sentence.
§ 5. The application referred to in § 3, as well as the application for the appointment of the public defender, should be made within 7 days from the date of service of the call or notification. Applications submitted after the deadline shall be subject to recognition if this does not result in a change in the date of the hearing or of the meeting referred to in Article. 341 or Article. 343.
Article 354. [ The examination of the application for precautionary measures] In the case of an application by the prosecutor to remit the proceedings on the grounds of the insanity of the perpetrator and the application of the safeguard measures, the provisions of this Chapter shall apply mutatis mutandis with the following amendments:
1) the provisions on auxiliary prosecutorial shall not apply;
2) the application shall be referred to the trial, unless, in the light of the materials of the preparatory proceedings, the commission of the act prohibited by the suspect and his insanity at the time of the act shall not raise doubts, and the President of the court shall deem it to be deliberate at the meeting with the prosecutor, the defense counsel and the suspect; the suspect shall not take part in the meeting, if the expert's opinion shows that it would be inappropriate unless the court considers his participation necessary; the victim has the right to take part in a meeting;
3. in the case of redemption of the proceedings, the article shall apply. 322 § 2 and 3.
Article 354a. [ Hearing of the experts] § 1. Before the security measure referred to in Article 93a § 1 of the Penal Code, or the order or the prohibitions referred to in art. 39 points 2-3 of the Penal Code, held by the title of the safeguard measure, the court shall hear:
1) expert psychologist;
2) in the cases of persons of unrest, with limited capacity or with personality disorder or when the court finds it advisable-moreover, experts of psychiatrists;
3) in cases of persons with sexual preferences disorders-experts referred to in points 1 and 2, and the expert of a sexual psychologist or a psychologist of a sexual psychologist.
In the case of dependent persons, it is also possible to listen to an expert on addiction.
§ 2. If the perpetrator, for whom there are grounds for a treatment or addiction therapy, consents to such a therapy or addiction therapy, the provision of § 1 shall not apply; however, the court may, if it deems it advisable, to hear one or more of the of the experts referred to in that provision.
Chapter 42
Publicity of the main hearing
Article 355. [ Explicit principle] The hearing takes place openly. The limits of disclosure are defined by statute
Article 356. [ Audience principle] § 1. In addition to persons taking part in the proceedings, only persons who are under age, unarmed, may be present.
§ 2. The President may authorise the presence at the trial of minors and persons required to carry a weapon.
§ 3. They cannot be present at the trial of a person in a state that is not in high court with the court.
Article 357. [ The presence of the media at the hearing] § 1. The court shall allow the mass media representatives to carry out images and audio from the course of the hearing by means of apparatus of fixation.
The Tribunal may lay down the conditions for the participation of representatives of the mass media in the hearing.
§ 3. If, for technical and organisational reasons, the presence of representatives of the mass media makes it difficult to conduct the hearing, the court limits the number of representatives of the mass media in the courtroom and points out the persons entitled to make use of the media. The apparatus for the fixings of the image and sound in the course of the hearing according to the order of the declarations or on the basis of drawing
§ 4. The court manages to leave the courtroom by representatives of the mass media, who disturb the course of the hearing.
§ 5. In exceptional cases, where it is to be feared that the presence of representatives of the mass media could have an impact on the witness's testimony, the President may order that representatives of the mass media leave the hearing room to leave the hearing room. the transfer of the person to the hearing.
Article 358. [ Recording of the course of the hearing] If it does not address the correctness of the proceedings against it, the court shall, at the request of the party, agree that it shall perpetuate the course of the hearing by means of a sound recording device.
Article 359. [ Disclosure of the public hearing] An implicit shall be a hearing which concerns:
1) the prosecutor's request for a waiver of proceedings due to the insanity of the perpetrator and the application of the security measure;
2) matters of a litigation or an insult; however, at the request of the victim of the hearing, however, it shall be held openly.
Article 360. [ Exclusion of public hearing of the hearing] § 1. The court may exclude the public hearing, either in whole or in part:
(1) if the public could:
(a) create a disturbance of public peace,
(b) offend the good customs,
(c) disclose the circumstances which, in view of the important interest of the State, should be kept secret,
(d) breach an important private interest;
2) if one of the defendants is a minor or at the time of the interrogation of a witness who has not completed 15 years;
3) at the request of the person who submitted the application for prosecution.
§ 2. If the procurator opposes the exclusion of the public, the trial shall be held on an explicit basis.
Article 361. [ Entitled to participate in an implicit hearing] § 1. In the event of exclusion, the public may be present at the trial, in addition to those taking part in the proceedings, after two persons designated by the public prosecutor, the auxiliary prosecutor, the private prosecutor and the accused person. If there are several prosecutors or defendants, each of them may demand a stay in the courtroom by one person.
§ 2. The provision of § 1 shall not apply where there is a concern to disclose classified information classified as 'secret' or 'top secret'.
§ 3. In the event of an outage, the Chairperson may allow individuals to be present at the hearing.
Article 362. [ Obligation of the secrecy of the circumstances disclosed at the hearing] The President shall instruct those present on the obligation to preserve the secrecy of the circumstances disclosed at the hearing, excluding public disclosure and shall prejudice the consequences of failure to comply with this obligation.
Article 363. [ Application for exemption of public disclosure] Upon notification of an application for exclusion, the hearing shall be filed with the exception of disclosure if it considers it necessary by the party or by the court of justice.
Article 364. [ Disclosure of judgment] § 1. The announcement of the judgment is made explicitly.
§ 2. If the publicity of the hearing is excluded in whole or in part, the grounds for the judgment may also be made with the exception of the public in whole or in part.
Chapter 43
General provisions on the main hearing
Article 365. [ Principle principle] The hearing shall be held orally.
Article 366. [ Routing routing] § 1. The President shall direct the hearing and shall ensure that it is correct in order to ensure that all the relevant circumstances of the case are clarified.
§ 2. The President should endeavour to ensure that the settlement of the case is carried out at the first main hearing.
Article 367. [ Giving the vote to the parties] § 1. The President shall make it possible for the parties to comment on any matter which is subject to the decision.
§ 2. If, in any matter, one of the parties takes the floor, the right to vote shall also be entitled to all other parties. The defender of the accused and the accused shall have the final vote.
Art. 367a. (repealed)
Article 368. [ Clearance of evidence] The decision of the party to which another party has not objected, shall be determined by the President; in other cases, the judgment shall be issued by the court.
Article 369. [ Precedence of evidence] The evidence in support of the accusation must be carried out before the evidence of the defence.
Article 370. [ Question Order Sequence] § 1. Following the free speech of the person interrogated to the President's call, pursuant to Article 4 of the Rules of the European Parliament, 171 § 1, may ask her questions in the following order: public prosecutor, auxiliary prosecutor, attorney of the auxiliary prosecutor, private prosecutor, plenipotentiary of the private prosecutor, proficient, defender, accused, members of the depot adjudicating.
§ 2. The party on whose application the witness has been admitted shall ask questions before the other parties.
§ 2a. If necessary, members of the adjudicatory composition may ask additional questions beyond the order.
§ 3. In case of admission of evidence from the office of the question, the members of the bench shall be the first to ask the question.
§ 4. The President shall abrogate the questions referred to in Article 4. 171 § 6, or when for other reasons it deems them inappropriate.
Article 371. [ Preventing the communication of witnesses] § 1. Witnesses should not be present at the witness hearing who have not yet been questioned.
§ 2. The President should take measures to prevent the communication of persons interrogated with persons who have not yet been interrogated.
Article 372. [ Order in the courtroom] The President shall issue any order necessary to maintain peace and order in the courtroom.
Article 373. [ Reference from the chairman's orders] The Board of Appeal shall be entitled to appeal to the formation of the decision of the President, unless the court of first decision has a one-man ruling.
Article 374. [ Presence of the accused at the hearing] § 1. The defendant has the right to participate in the trial. The President or the Tribunal may consider his presence to be mandatory.
§ 1a. In cases of crime, the presence of the accused in the acts referred to in Article 385 and art. 386, is mandatory.
§ 2. The President may issue an order to prevent the defendant from being expelled from the court before the hearing is completed.
Article 375. [ Expulsion of the accused from the courtroom] § 1. If the accused, despite being admonished by the President, still behaves in a manner which distorts the order of the trial or the dignity of the court, the President may give him up for a period of time from the courtroom.
§ 2. By allowing the defendant to return, the President shall immediately inform him of the course of the hearing at the time of his absence and allow him to be heard as to the evidence that he has carried out during his absence.
Article 376. [ Leaving the courtroom by the accused without permission of the President] § 1. If the accused, whose presence at the trial is compulsory, has already submitted explanations and left the trial hall without the permission of the President, the court may lead the trial further despite the absence of the accused. The court shall administer the detention and forcible bringing of the accused person if he considers his presence to be necessary. The decision on detention and compulsory enforcement shall be entitled to a complaint to another equivalent composition of that court.
§ 2. Paragraph 1 shall apply mutatis mutandis where the accused, whose presence at the hearing is compulsory, after being heard, notified of the date of the deferred or interrupted hearing, did not appear to be on the trial without justification.
§ 3. If, on a deferred or interrupted trial, he has not faced a co-defendant who has justified his failure to do so, the court may lead the trial to the extent that the defendant is not directly incumbated, if it is not limited to his rights of defence.
Article 377. [ The incapacity of the accused to participate in the hearing] § 1. If the accused has entered into a state of incapacity for his or her inability to participate in the trial or in which his participation is mandatory, the court may decide to conduct the proceedings despite his absence, even if he has not filed a plea in law. an explanation.
§ 2. Before issuing the order referred to in § 1, the court shall consult the certificate of the doctor who has stated the condition of such incapacity, or interrogates him as an expert. The condition causing the imcapacity of the accused to participate in the hearing may also be established on the basis of a study not linked to the integrity of the body, carried out by means of an appropriate device.
§ 3. If the defendant, whose presence at the trial is compulsory, is informed of the time limit for the hearing, he or she shall not take part in the trial, shall prevent him from bringing him to trial or shall not be informed of his or her personal information, without any delay in the hearing. justification, the court may carry out proceedings without its participation; however, the court may order the detention and forcible bringing of the accused. The decision on detention and compulsory enforcement shall be entitled to a complaint to another equivalent composition of that court.
§ 4. If the defendant has not yet submitted an explanation before the court, you can apply the art. Article 396 (2) or be considered sufficient to read his previous explanations. The interrogations of the accused may be carried out using the measures referred to in Article 4. 177 § 1a.
Article 378. [ Termination of defensive ratio] § 1. If, in a case in which the accused must have a defense counsel and enjoys a defence of choice, the defender or the accused shall pronounce the defence, the court, the president of the court or the court referendary shall establish the defender of the office, unless the accused has appointed the defense counsel of the choice. If necessary, the crackdown shall be interrupted or deayed.
§ 2. In the case in which the accused uses the public defender, the court upon a reasoned request of the defense counsel or the accused shall release the defender of his duties and appoint the accused another defender of the office.
§ 3. In the cases referred to in paragraphs 1 and 2, the court shall at the same time decide whether the current defender may, without prejudice to the right of the accused to be defended, fulfil his duties until such time as the defence has been taken up by the new defender.
Article 379. [ Preserving the seriousness of the court] § 1. When the court enters the hall or leaves it, all of us stand up.
§ 2. It shall also enter into any person to whom the court shall return or who shall speak to the court, unless the President relieved it of that obligation.
Article 380. [ Application of provisions to unrest perpetrators] The provisions relating to the defendant shall apply mutatis mutandis to the person to whom the procurator is accused of committing a criminal offence in a state of insanity and requesting that the proceedings be remitted, and to the application of safeguard measures against that person.
Chapter 44
Start the main hearing
Article 381. [ Case Call] The main trial begins to invoke the case. The President then checks that all the calls have been made and that there are no obstacles to the case.
Article 382. [ Not the defendant's residency] In the event of an unjustified failure of the accused person, whose presence is compulsory, the President shall manage his immediate detention and lead or terminate the trial for that purpose or the court shall depart. Article Recipe The third sentence of Article 376 (1) shall apply.
Article 383. (repealed)
Article 384. [ Order of leaving the courtroom by witnesses] § 1. After verifying the presence of the President, he shall manage to leave the courtroom by witnesses. The experts shall remain in the Chamber if the President does not manage otherwise.
§ 2. The show is entitled to take part in the trial, if he becomes, and to remain in the hall, even if he is to testify as a witness. In this case, the court interrogates him in the first place.
§ 3. In recognition of this, the court may oblige the victim to be present at the hearing or in part of it.
§ 4. (repealed)
Chapter 45
Litigation
Article 385. [ Start of the Judicial Cable] § 1. The litigation starts from a concise statement by the prosecution of the charges.
§ 1a. If the prosecutor does not attend the hearing, the President shall make a concise statement of the charges.
§ 2. If a response to the indictment is received, the President shall inform the Commission of its contents.
Article 386. [ The defendant's statement of the right to be heard] § 1. If the accused takes part in the main trial, the President, upon presentation of the charges of prosecution, instructs him of the right to provide explanations, to refuse explanations or to answer questions, to request evidence and the consequences of non-use of that right and of the content of the provisions of Article 4 100 § 3 and 4, art. 376, art. 377, art. 419 § 1 and art. 422, whereupon he asks him whether he admits his deed and whether he wishes to make an explanation and what.
§ 2. After the accused's hearing, the President instructs him about the right to ask questions to the interrogated persons and to make an explanation as to any evidence.
§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the accused, who shall appear for the first time at the next main hearing.
Article 387. [ Application for sentencing and meting out of the sentence without evidence of evidence] § 1. Until the end of the first hearing of all the defendants at the hearing, the accused, who has been accused of a criminal offence not exceeding 15 years of imprisonment, may apply for a conviction and a conviction to address a specific penalty or measure, forfeiture or compensatory measure without any evidence to be carried out. The application may also concern the issue of a specific decision on the costs of the process. If the accused does not have a defense counsel from the choice, the court may, at his request, appoint him a defender of the office.
§ 1a. Before applying for the judgment of the convicted court, the defendant shall instruct the defendant of the contents of the Article. § 5.
§ 2. The Tribunal may take into account the application for a conviction when the circumstances of the offence and the fault do not raise doubts, and the objectives of the proceedings will be reached despite the failure to carry out the trial in full; the consideration of the application is possible only if it does not object to the Prosecutor's Office, and also the victim duly notified of the date of the hearing, and to be informed of the possibility of the defendant submitting such a request.
§ 3. The Tribunal may make it possible to take account of the application of the accused from making the changes indicated therein. Article Recipe 341 § 3 shall apply mutatis mutandis.
§ 4. (repealed)
§ 5. By admising the request, the court may consider as disclosed the evidence listed in the indictment or documents submitted by the party.
Article 388. [ Partial conduct of the investigation] With the consent of the present parties, the court may carry out the proceedings of evidence only partially if the explanations of the accused admitting the guilt do not raise any doubts.
Article 389. [ Reading the protocols of the accused's explanations] § 1. If the accused does not appear for trial, refuses to be heard or explains to the contrary, or declares that certain circumstances do not remember, he is allowed to read only in so far as appropriate the minutes of his/her explanations previously in the nature of the accused in this or any other case in the preparatory proceedings or before the court or other proceedings provided by the law.
§ 2. After reading the minutes, the President shall ask the accused person to comment on his content and to explain the contradictions.
§ 3. He is allowed to read the explanation of the co-defendant, who died.
Article 390. [ Presence of the defendant with evidence of probative action] § 1. The accused shall have the right to be present at all acts of evidence.
§ 2. In exceptional cases, where it is to be feared that the presence of the accused could have an impact on the defendant's explanation or on the testimony of a witness or expert, the President may order that, for the hearing of the person concerned, the accused person should be heard. left the courtroy. Article Recipe 375 § 2 shall apply mutatis mutandis.
§ 3. In the cases provided for in paragraph 2, the President may also carry out a hearing with the technical devices enabling this operation to be carried out at a distance with a simultaneous direct transmission of the image and sound. A judicial referendary, assistant to a judge or a judicial official shall take part in the place where the explanations or statements are submitted.
Article 391. [ Reading the testimonies of witness testimony] § 1. If the witness is unfounded, he or she shall give a statement to the contrary, or he shall declare that he or she does not remember or stays abroad or that he or she has not been able to serve the summons, or has failed to do so because of the inconvenience of the statement of his or her own the obstacles or the chairman has failed to call a witness on the basis of art. § 333 § 2, and also when the witness has died, shall be permitted to read, to the extent appropriate, the minutes of the testimonies submitted previously by him in the preparatory proceedings or before the court in that or another case or in any other proceedings provided by Bill.
§ 1a. (repealed)
§ 1b. (repealed)
§ 1c. (repealed)
§ 1d. (repealed)
§ 2. Under the conditions laid down in paragraph 1, and in the case referred to in Article 1, 182 § 3, may also be read at the hearing of the protocols submitted previously by the witness in the nature of the accused.
§ 3. Article Recipe 389 § 2 shall apply mutatis mutandis.
Article 392. [ Reading of interrogation protocols] § 1. The minutes of the main hearing of witnesses and of the defendants, drawn up in the preparatory proceedings or before the court or other proceedings provided for by the Act, may be read at the hearing, where the direct conduct of the evidence is not necessary, and none of the present parties opposes it.
§ 2. The opposite party, whose testimony or explanation does not concern, does not prevent the protocol from being read.
Article 393. [ Reading of other protocols and opinions of experts] § 1. It may be possible to read the minutes of visual inspection, search and detention of things, opinions of experts, institutes, establishments or institutions, data on criminality, results of environmental intelligence, and any official documents submitted in the proceedings. preparatory or judicial or other proceedings provided for by the Act. However, you must not read the notes on the steps that are required to complete the log.
§ 2. It is also free to read the notification of a criminal offence, unless it has been submitted to the protocol referred to in art. 304a.
§ 3. They may be read at the hearing any private documents which arise outside the criminal proceedings, in particular statements, publications, letters and notes.
§ 4. The minutes of the testimony of a witness interrogated in accordance with the conditions laid down in Art may be read. 184. The hearing shall then be implicit; the provision of Article 1 Paragraph 1 shall not apply.
Article 393a. [ Reading and restoring other records] Under the conditions laid down in Article 389 § 1 and 3, art. 391 § 1 and 2, art. 392 and art. The 393 may also be read or replayed by the entries referred to in Article 4. 145 § 1 and art. 147 § 1-2b.
Article 394. [ Data deemed to be disclosed without reading] § 1. Data relating to the accused person and the results of an environmental interview shall be deemed to have been disclosed without reading. However, they should be read at the request of the accused or the defender.
§ 1a. (repealed)
§ 2. Protocols and documents to be read at the hearing can be considered without reading them as disclosed in whole or in part. However, it should be read if requested by a party which has not had the opportunity to become familiar with their content. Article Recipe 392 § 2 shall apply mutatis mutandis.
Article 395. [ Conducting evidence for the trial] If they do not prevent the property of factual evidence, they shall be brought to the courtroom and shall be made available to the parties and, where necessary, to witnesses and experts.
Article 396. [ Conduct of evidence by a designated Judge or a requested court] § 1. Where the hearing of a physical evidence or a visual inspection by a full court is encountered in significant difficulties, or if the parties agree to that effect, the court shall designate the Judge of his or her composition or the court or tribunal to that effect.
2. The Tribunal may order a witness to be heard by a witness to a Judge designated from his or her composition or to the requested court in whose district the witness is present, if the witness has not appeared on the grounds of obstacles which are too difficult to delete.
§ 3. The parties, defenders and proxies shall have the right to take part in the activities indicated in § 1 and 2. The accused deprived of liberty shall be reduced only if the court deems it necessary.
§ 4. The appointed judge or the requested court may also carry out other evidence which will be requested in the course of the action indicated in § 1 or 2.
Art. 396a. [ Deletion of the time limit for presentation of evidence] § 1. If it is only in the course of the hearing that there are significant shortcomings in the preparatory proceedings, and their removal by the court of justice would prevent the adoption of a valid judgment within a reasonable period of time, and those obstacles cannot be removed by applying the provision of art. 396, the court may terminate or postpone the hearing, drawing on the public prosecutor the time limit for the presentation of the evidence, which would allow the removal of the identified deficiencies.
§ 2. The public prosecutor in order to gather the evidence referred to in § 1 may take person, and the prosecutor also instruct the Police to make the necessary evidence.
§ 3. If a public prosecutor is unable to comply with the time limit laid down, the public prosecutor may ask the court to extend it.
§ 4. If the public prosecutor within the prescribed period does not provide the relevant evidence, the court shall decide in favour of the accused's doubts arising from the failure to carry out such evidence
Article 397. (repealed)
Article 398. [ Recognition of the deed revealed at the trial] § 1. If, on the basis of the circumstances which came to light in the course of the trial, the prosecutor has accused the defendant of another act in addition to the indictment, the court may, with the consent of the defendant, recognize the new indictment at the same trial, unless it is present the need to carry out preparatory proceedings on a new act.
§ 2. In the event of a postponed trial, the prosecutor shall lodge a new or additional indictment.
Article 399. [ Change of legal qualification of deed] § 1. If, in the course of the hearing, it turns out that, without going beyond the bounds of the accusation, it is possible to classify an act according to another legal provision, the court shall be informed by the court at the hearing of the party.
§ 2. At the request of the defendant, the trial may be interrupted in order to enable him to prepare himself for the defence.
Article 400. [ Cognitions of the Offense] § 1. If, after the commencement of the court hearing, it is revealed that the act of the accused constitutes a misconduct, the court, without passing the case to the competent court, shall recognize it in the same composition, applying in a further course of its proceedings, the provisions of the Code of Conduct on the matter of misconduct.
§ 2. The provision of § 1 shall also apply in cases of offenses committed by soldiers in active military service.
Article 401. [ Break in the hearing] § 1. The President may interrupt the main hearing in order to prepare evidence or to bring evidence either for rest or for rest or for any other valid reason.
§ 2. Each break in the hearing may take no longer than 35 days.
Article 402. [ Conducting the hearing after the break] § 1. If the President, managing the recess, marks the time and place of the further trial, the persons present at the interrupted hearing, the presence of which has been compulsory, shall be required to appear on a new date without a call. Article Recipe 285 shall apply mutatis mutandis. Persons entitled to a residency do not have to be notified of the new time limit, even if they did not participate in the dismissable trial.
§ 1a. The accused, whose presence is compulsory, shall not be called upon in the situations referred to in art. 376 or Art. 377, if the period of interruption makes it impossible to summons and to go to trial after the break.
§ 2. The interruption shall be carried out after the interruption, and from the outset, if the composition of the court has changed or the court considers it necessary.
§ 3. In the event of an overrun, the interruption shall be deemed to be postponed.
Article 403. [ Issuance of decisions during the break] Decisions in the course of a break in the hearing shall appear in the case of the case and, in the event that it cannot be established, in the same composition.
Art. 404. [ Deferral of the hearing] § 1. The court may postpone the trial only if the interruption management would not be sufficient.
§ 2. The postponed settlement is carried out in the new period from the beginning. The court may exceptionally hold a postponed trial further, unless the composition of the court has changed.
§ 3. In the event of a suspended procedure, the provisions of § 2 shall apply mutatis mutandis.
Art. 404a. (repealed)
Article 405. [ Litigation Closure] After the evidence approved in the case, the President shall ask the parties whether they request that the evidence be completed and, in the event of a retrial, closes the judicial profession.
Chapter 46
Final votes
Article 406. [ Giving the floor to the parties] § 1. After the closure of the judicial cable, the Chairperson shall give the floor to the parties, their representatives and the social representative. The voice is taken in the following order: a public prosecutor, a food prosecutor, a private prosecutor, a social representative, a defender of the accused and the accused. Representatives of the process of the parties take the floor before the parties.
§ 2. If the prosecutor again takes the floor, you should also give the voice of the defender and the accused.
Article 407. (repealed)
Chapter 47
Judging
Article 408. [ Judges ' Narada] After hearing the final votes, the court shall immediately accede to the deliberations.
Article 409. [ Restoration of judicial cable] The court until the judgment may be reopened may resume judicial proceedings, in particular in the case provided for in Article 399, or give an additional voice to the participants in the proceedings referred to in art. 406 § 1.
Article 410. [ Grounds for judgment] The basis of the judgment may constitute only a whole of the circumstances disclosed in the course of the main hearing.
Article 411. [ Deferral of judgment] § 1. In the case of a failed or for other valid reasons, the court may postpone the issue of the judgment for a time not exceeding 14 days.
§ 2. If this deadline is exceeded, the hearing shall be carried out from the beginning.
§ 3. In order to postpone the judgment, the time and place of publication of the judgment must be indicated.
Article 412. [ Drafting the sentence in writing] As soon as the vote is completed, the court shall make a written judgment
Art. 413. [ Contents of the Judgment] § 1. Each judgment should contain:
1) the designation of the court which issued it, and the judges, jurors, prosecutors and the protokolant;
2) the date and place of recognition of the case and issue of the judgment;
3) the name, surname and other particulars identifying the accused;
4) the citation of the description and the legal qualification of the act, the commission of which the prosecutor has accused the accused;
5) decision of the court;
6) an indication of the applied provisions of the Criminal Act.
§ 2. The conviction should also include:
1) the exact determination of the assigned defendant of the act and his legal qualification;
2. to resolve the penalties and the criminal measures, the compensatory measures and the forfeiture, and, if necessary, the advance payment of the periods referred to in Article 3 (1) of the EC Convention. 63 Penal Code.
Article 414. [ Closure of proceedings] § 1. In the event of a finding after the beginning of a judicial connection, the circumstances of the exclusive prosecution or of the data in favour of the conditional remission of proceedings, the judgment of the court shall be either the judgment of the proceedings or the case for which the proceedings However, if the circumstances set out in the Article are established, 17 § 1 (1) and (2) of the Tribunal shall issue an acquittal, unless the offender at the time of the act was unrest.
§ 2. By marching the proceedings, the court shall apply the Articles accordingly. 322 § 2 and 3, art. 323 § 1 i 2 and art. § 340 § 2 and 3.
§ 3. The court shall apply the safeguard measure referred to in Article 4. 93a § 2 of the Criminal Code, in art. 22 § 3 paragraphs 5 and 6 of the Tax Penal Code or the forfeiture of objects indicated in art. 45a of the Penal Code, if the results of the judicial cable justifies it, and the remission occurs because of the insanity of the perpetrator at the time of the offence.
§ 4. When the proceedings are conditional, the court shall apply Article 4 (1) (c) 341.
§ 5. By providing for the possibility of the conditional redemption of the proceedings or the possibility of a decision of the sentence with the conditional suspension of its execution, the court may resume the judicial line with the purpose of the relevant application of Art. 341 § 3; then the court may order a break.
Article 415. [ On behalf of the disadvantaged] § 1. In the case of the conviction or probation of the proceedings in the cases referred to in the law, the Tribunal shall adjudicate upon the benefit of the victim, the obligation to make good, in whole or in part, the damage or redress of the wrongdoing. In the case of wrongful claimant, the obligation to remedy the damage or to remedy a wrongful injury shall not be ruled out if the claim resulting from the offence is the subject of another proceedings or the claim by the law of the law (a)
§ 2. If the adjudicated duty of compensation or redress for any wrongdoing or adjudication of the victim does not cover all the damage or does not constitute a full remedy for the injury suffered, the victim may be injured additional claims in civil proceedings.
Art. 416. (repealed)
Art. 417. [ Advance of the period of temporary arrest on the basis of the case-law] The period of provisional arrest by the accused in another case, in which the proceedings were conducted simultaneously, and the final acquittal judgment was taken into account, is also subject to the period of provisional arrest, or Waiver of the penalty.
Art. 418. [ Announcement of the judgment] § 1. After the judgment is signed, the President shall declare him publicly; at the time of the announcement of the judgment, all present, with the exception of the court, shall stand.
§ 1a. In announcing the judgment, the contents of the charges may be omitted.
§ 2. The declaration of a separate sentence shall be notified and, if a member of the formation of the adjudicating judge, who has declared the separate sentence, has given his or her consent, including his or her name.
§ 3. After the announcement, the chairman or one of the members of the formation of the adjudicating bench shall give the most compelling reasons
Art. 418a. [ Public making available of the judgment] In the event of a hearing at a meeting held outside the public, the content of the judgment shall be made available to the public by the filing of his write-off for a period of seven days at the Registry of the Court of Justice, which shall be made in the minutes or in the official memo or memo. meetings.
Article 419. [ The absence of parties on the announcement of the judgment] § 1. Non-instability of the parties, their defenders and proxies does not precludes the announcement of the judgment.
§ 2. (repealed)
Article 420. [ Order to supplement the judgment] § 1. Where the judgment does not contain a decision on the forfeiture, the reckoning of the temporary arrest, detention or preventive measure referred to in Article 1. 276, or any factual evidence, the court shall rule on that decision at its meeting.
(2) If the court of first time improperly passed the period of temporary arrest in respect of the case-law, the provisions of paragraph 1 shall apply mutatis mutandis.
§ 3. The parties shall have the right to take part in that meeting. The accused arrested shall only be brought to the meeting if the President of the court or the court deems it necessary.
§ 4. The provisions referred to in § 1 and § 2 shall be entitled to a complaint.
Article 421. [ Investigation of claims in civil proceedings] A non-accused person who claims a claim for the forfeiture of objects shall have the right to asserting his claims only by way of civil procedure.
Article 422. [ Justification for and service of the judgment] § 1. Within a period of time, 7 days from the date of delivery of the judgment, the party and, in the event of a judgment which is conditionally dead, of the proceedings, which has been issued at the meeting, including the victims, may request that the judgment be made in writing and service. The establishment of a statement of reasons from the Office shall not exempt the party and the disadvantaged from the application for service of the reasons. The request shall be made in writing.
§ 2. In the application it is necessary to indicate whether it concerns the whole of the sentence or some of the acts which the prosecutor has accused of the accused, or merely the settlement of the sentence and of the other consequences of the legal act. An application not originating from the accused should also indicate that of the defendants concerned.
§ 2a. For the accused deprived of liberty which does not have a defender and-despite the application for bringing him to the date of the hearing on which the judgment was declared-was not present at the time of the announcement of the judgment, the term mentioned in § 1 runs from the date of service to him the judgment.
§ 3. The President of the Tribunal shall refuse to accept an application filed by an unauthorised person, after the deadline or if the circumstances referred to in Article 4 are present. 120 § 2. The order is entitled to grievance.
§ 4. The order referred to in § 3 may also issue a court referendary.
Art. 423. [ Deadline for Justification] § 1. The statement of reasons for the judgment must be drawn up within 14 days from the date of the application for the statement of reasons and, in the event of a statement of reasons from the office, from the date of delivery of the judgment; in the case of a case of failure, in the event of failure to within the time limit, the President of the court may extend that period for a marked time.
§ 1a. In the event of a request for a statement of reasons for a judgment in a part relating to certain acts which the prosecutor has accused the accused, or only to settle the sentence, and of other legal consequences of the act or in part concerning certain defendants, the court may limit the scope of the statement of reasons to those only those parts of the judgment which the application relates to.
§ 2. The judgment on the grounds of the application shall be served on the person who submitted the application pursuant to the Article. 422. Article Recipe 100 § 7 shall apply mutatis mutandis.
Art. 424. [ Explanatory content] § 1. The statement of reasons shall include concise:
1) an indication of what facts the court found to be proved or unproven, on which it relied on the evidence and why it did not consider the evidence to the contrary;
2) clarification of the legal basis of the judgment.
§ 2. In the statement of reasons, the Court of First instance must also cite the circumstances which the Court of First instance had in view of the penalty, and in particular with the application of an exceptional relaxation of the sentence, of the safeguard measures and of the other decisions contained in the judgment.
§ 3. In the event of a request for a statement of reasons for a judgment only on the settlement of the penalty and the other consequences of the legal act or a statement of reasons for the judgment rendered in the art mode. 343, art. 343a or Article. 387 The justification should include at least an explanation of the legal basis for that judgment and the reasons for that judgment.
CHAPTER IX
Appeal proceedings
Chapter 48
General provisions
Art. 425. [ Appeal of the judgment] § 1. The decision of the first instance shall be entitled to appeal to the parties and to other persons designated by the provisions of the Act.
§ 2. The judgment may be challenged in whole or in part. You can also challenge the lack of a specific resolution. The subject of the appeal may also be the grounds for the decision itself.
§ 3. The appellant may only complain of a settlement or a finding that violates his or her rights or prejudities his interests. This limitation does not apply to the public prosecutor.
§ 4. The public prosecutor shall have the right to bring an appeal to the defendant in favour of the defendant.
Art. 426. [ Judgments and orders from which appeals are entitled under exceptional circumstances] § 1. Appeals court rulings and judgments handed down by the Supreme Court shall not be entitled to appeal unless the law provides otherwise.
§ 2. From the provisions on the application of the provisional arrest issued as a result of a complaint, and also from the review proceedings of the order to carry out the observation, the application of a preventive measure, the imposition of a punitive penalty and the costs of the trial which the court of appeal has for the first time adjudiced, shall be entitled to a complaint to another equivalent composition of the court of appeal. Where the judgment under appeal has delivered a court in the composition of a single Judge, the court of appeal shall be heard by the court of appeal in the three Judges.
Article 427. [ Allegations] § 1. The appellant should indicate the contested decision or the finding, and also indicate what the demands are.
(2) If the appeal originates from the public prosecutor, the defender or the representative, he shall also include an indication of the pleas in law of the appeal and of the statement of reasons for the appeal.
§ 3. The appellant may also indicate new facts or evidence if he could not appoint them in the proceedings before the court of first instance.
§ 4. (repealed)
§ 5. (repealed)
Art. 428. [ The appeal of the appeal] § 1. The appeal shall be lodged in writing to the court which issued the contested decision.
§ 2. A party may submit a written response to the appeal.
Art. 429. [ Refusal of the review of the appeal] § 1. The President of the Court of First Instance shall refuse to take a measure of appeal if the appeal is filed after the date or by an unauthorised person or is inadmissible under the law.
§ 2. On the order refusing to adopt a review measure pursuant to § 1 or art. 120 § 2 is entitled to a complaint.
Article 430. [ Leave of appeal without recognition] § 1. The appeal court shall leave without recognition the review measure adopted if the circumstances referred to in Article 4 apply. 429 § 1, or if the adoption of the measure took place as a result of an unreasonable restoration of the time limit.
§ 2. The order shall be entitled to a complaint to another equivalent composition of the court of appeal, unless it has been issued by the Supreme Court.
Art. 431. [ Withdrawal of the appeal] § 1. The remedy may be undone.
§ 2. The accused may withdraw the appeal in his favour, unless he or she has brought him a public prosecutor or an accident as provided for in Article 3 (2) of the Rules of Appeal. 79.
§ 3. A measure of appeal brought in favour of the accused cannot be withdrawn without its consent.
Art. 432. [ Leaving the measure undone without recognition] Unless one of the reasons set out in the Article is set out in the Article, the appeal of the appeal court shall be left unrecognizable. 439 or art. 440.
Article 433. [ Borders of appeal] § 1. The appeal court shall recognise the case within the limits of the appeal and, if the pleas in law of the appeal were raised in the appeal proceedings, also within the limits of the pleas in law, having regard to the content of the appeal. 447 § 1-3, and in the wider scope of the cases referred to in art. 435, art. 439 § 1, art. 440 and art. 455.
§ 2. The court of appeal shall be obliged to consider all the applications and pleas indicated in the appeal measure, unless the law provides otherwise.
Art. 434. [ Prohibition of reformationis in peius] § 1. The court of appeal may declare that the defendant is not in favour of the sole defendant:
(1) when the appeal is brought to the disadvantage of the appeal, and
(2) within the limits of the appeal, unless the law orders the adoption of a decision irrespective of the limits of the appeal, and
3) in the event of a finding of the shortcomings raised in the appeal, unless the remedy is not from the public prosecutor or the proxy and has not raised the pleas in law or the law orders the decision to be issued independently of the raised allegations.
§ 2. The measure of appeal brought to the disadvantage of the accused may also result in a judgment in favour of the accused, if the conditions laid down in the Article are to be found. 440 or Art. 455.
§ 3. (repealed)
§ 4. In the case of a conviction with the application of art. 60 § 3 or 4 of the Penal Code or Art. 36 § 3 of the Penal Code of the Treasury Board of Appeal may rule on the defendant's disadvantage, and that is, regardless of the limits of appeal and of the pleas in law, also if the appeal is brought solely to the defendant, who, after the release of the the judgment has cancelled or substantially amended its explanations or statements. This does not, however, apply to the fact that the allegation of material law has been substantially raised or that the court of appeal has found the circumstances justifying the annulment of the decision referred to in Article 4. 439 § 1.
§ 5. (repealed)
Art. 435. [ Recognition of the appeal for the benefit of the co-defendants] The appeal court repeals or amends the judgment in favour of the co-defendants, even if they have not lodged an appeal, if he or she has annulled or amended them in favour of the co-defendant, whose appeal was, where the same considerations, in favour of the revocation of the appeal or change to those.
Art. 436. [ Restriction of sense of appeal] The court may limit the recognition of the appeal measure only to individual infringements, raised by the party or subject to an ex officii decision, if the recognition in this respect is sufficient to give a ruling, and to the extent that it is recognised by the The other shortcomings would be premature or unconcerned for the further course of the proceedings.
Art. 437. [ Appeals of the court of appeal] § 1. After the decision of the appeal is recognised, the court shall rule on the maintenance, amendment or repeal of the judgment under appeal in whole or in part. This concerns the review of the appeal against the reasons for the decision.
§ 2. The court of appeal amends the contested decision by ruling differently on the substance, or revokes it and dismisses the proceedings; in other cases, it repeals the decision and transmits the case to the court of first instance for retrial. The repeal of the decision and the referral of a case for retrial may take place only in the cases referred to in Article 439 § 1, art. 454 or if it is necessary to carry out a new cable in its entirety.
Article 438. [ Repeal or change of judgment] The decision shall be repealed or amended if it is established:
1) images of substantive law provisions;
2) the images of the provisions of the proceedings, if it could have influenced the content of the ruling;
3) an error in the factual findings adopted as the basis of the decision, if it could have influenced the content of the ruling;
4) the gross incompatibility of the sentence, the criminal measure, the litigations, or the unleashing use, or the inapplicability of the protective agent, forfeiture or other means.
Article 439. [ Absolute reasons for the repeal of the decision] § 1. Irrespective of the limits of appeal and the pleas in law raised and the impact of the infringement on the content of the decision, the court of appeal shall, at the meeting, repeal the contested decision if
(1) in the decision, a person who is not entitled to a decision or who is unable to rule or is subject to an exemption on the basis of an Article has been taken. 40;
2) the court was unmanned by the manned or any of its members was not present at the whole trial;
3) a general court has ruled in a case belonging to the jurisdiction of a particular court or a special court has ruled in a case belonging to the jurisdiction of the general court;
4) the lower court has ruled in a case belonging to the jurisdiction of a higher order of court;
(5) a penalty, a penal measure, a compensatory measure or a means of protection of unknown statute;
6) collapsed in violation of the principle of the majority of votes or was not signed by any of the persons taking part in its issue;
7) there is a contradiction in the content of the decision, preventing it from being executed;
8) was issued in spite of the fact that the criminal proceedings concerning the same act of the same person were already legitimised;
(9) there is one of the circumstances excluding the proceedings referred to in Article 4 (1). 17 (1) (5), (6) and (8-11);
10) the accused in the court proceedings did not have a defense counsel in the cases referred to in art. 79 § 1 i 2 and art. 80 or the defender did not take part in the activities in which his participation was mandatory;
11) the case was recognized in the absence of the accused, whose presence was mandatory.
§ 2. Repeal of the judgment only for the reasons set out in § 1 points 9-11 may occur only in favor of the accused.
§ 3. The meeting shall have the right to take part of the party, defenders and proxies. Article Recipe 451 shall apply mutatis mutandis.
Art. 439a. [ Ruling on misconduct in criminal proceedings] The ruling on a misdemeanor case is not waived for only the reason that the court has ruled in criminal proceedings instead of in proceedings in cases of misconduct.
Article 440. [ The ruling unfairness of the ruling] If the maintenance of the judgment in force would be grossly unfair, it shall be subject to an appeal, irrespective of the limits of the appeal and of the pleas in law raised in favour of the accused or in the situation referred to in Article 437 (2), second sentence, of the repeal.
Art. 441. [ Legal issue] § 1. If, in the context of the recognition of the remedy, there is a legal issue which requires a fundamental interpretation of the law, the court of appeal may defer the case and refer the issue to the Supreme Court.
§ 2. The Supreme Court may pass on the resolution of the legal issue to the enlarged composition of the court.
§ 3. The resolution of the Supreme Court is binding on a given matter.
§ 4. The prosecutor, defenders and proxies shall have the right to attend.
§ 5. The Supreme Court can take the case to its own recognition.
Article 442. [ Refact-finding] § 1. The court to which the case has been referred to it shall be adjudiced within the limits in which the transfer took place. The annulment of the judgment only in the case of a settlement of a penalty or another measure does not preclude the acquitted or dismissal of the proceedings.
§ 2. In the case of referral of the case to the retrial of the adjudicatory court in the first instance, conducting the proceedings in the field of evidence which did not affect the repeal of the sentence, may be necessary to dismiss them.
§ 3. The legal proceedings and the indications of the court of appeal for further proceedings shall be binding on the court to which the case has been reconsidered.
Article 443. [ Prohibition of reformationis in peius] If the case is referred back to the retrial, the decision shall be stricter than the one repealed only if that judgment has been challenged against the defendant, or in favour of the defendant under the conditions laid down in Article 4 (1) of the Rules of Procedure. 434 § 4. This shall not apply to the rules on the security measures referred to in Article 4. 93a § 1 of the Penal Code.
Chapter 49
Appeal
Art. 444. [ Appeal from judgment] An appeal shall be entitled from the judgment of the court of first instance to the parties, and to the victim of the judgment which has been conditionally dead.
Art. 445. [ Deadline for appeals] § 1. The time limit for bringing an appeal shall be 14 days and shall run for any person entitled from the date on which the judgment is served on the grounds of the statement of reasons.
§ 2. The appeal before the expiry of the time limit for submitting an application for a statement of reasons shall produce the effects specified in the Article. 422 and is subject to recognition; such an appeal may be supplemented within the period specified in § 1.
Art. 446. [ Relative coercion of attorney-councillors] § 1. The appeal against the judgment of the district court, which does not come from the procurator, should be drawn up and signed by the defender or attorney.
§ 2. The appeal shall be accompanied by an appropriate number of write-off for the opposing parties; an additional copy shall be attached to the appellate appeal.
Art. 447. [ Allegations of appeal] § 1. An appeal for guilt shall be deemed to have been returned against the whole of the judgment.
§ 2. The appeal as to the penalty shall be deemed to have been returned against the whole settlement of the penalty and the penalty measures.
§ 3. An appeal as to a criminal measure, a compensatory measure or a forfeiture shall be deemed to have been repaid in accordance with the full penalty decision or the compensatory measures or forfeiture respectively.
§ 4. The appeal may be subject to allegations which did not or could not be an object of griesion.
§ 5. The appeal shall not be based on the pleas laid down in Article 4. 438 points 3 and 4 relating to the content of the agreement referred to in Article 4 (3) and (4). 343, art. 343a and art. 387.
Art. 448. [ Notice of parties to the appeal] § 1. An appeal shall be notified to the prosecutor and the defenders and agents, as well as the parties, after which the file shall be transmitted immediately to the court of appeal.
§ 2. The notice shall be accompanied by a copy of the opposing party's appeal, unless the disclosure of the hearing on the grounds of the protection of classified information with the 'secret' or 'top secret' classification has been excluded.
Article 449. [ Recognizing the appeal at the hearing] § 1. The court of appeal shall recognise the case at the hearing and, in the cases provided for by the Act, at its meeting.
§ 2. If the preparatory proceedings have ended in the form of an investigation, the court of appeal shall be adjudicated at the trial by one person, unless the President of the court or the court decides otherwise.
Art. 449a. [ Reimbursement of the case for reasons of reasons] § 1. If this is necessary for the correct judgment in the case, the court of appeal may, before the decision may be given, return the file to the court of first instance to complete the reasons for the judgment under appeal, at the same time indicating in detail the the issues to be followed by the explanatory memorandum.
§ 2. The provisions on the preparation, service and appeal of the judgment shall apply as appropriate to the statement of reasons.
Article 450. [ Participation of parties in appeal proceedings] § 1. Participation in the prosecutor's trial, and the defenders in the cases referred to in art. 79 and art. 80 is mandatory.
§ 2. Participation in the hearing of other parties and their plenipotentiaries and defenders in accidents not listed in § 1 shall be obligatory when the President of the court or the court deems it necessary.
§ 3. Failure to be duly notified by the date of the hearing of the parties, the defenders or the plenipotentiaries shall not be such as to recognise the case, unless their participation is mandatory.
Article 451. [ Judge at the trial of the accused deprived of liberty] The court of appeal, at the request of the accused deprived of liberty filed within 7 days from the date of service of the notice of acceptance of the appeal, shall manage to bring him to trial, unless he considers that the defense of the defense counsel is sufficient. An application submitted after the date shall be subject to recognition if it does not result in the need to postpone the hearing. The defendant must be advised of the right to submit his application. If the court does not manage the prosecution of the defendant, who does not have a defense counsel, the court, the president of the court or the court referendary shall appoint a defender of the office.
Article 452. [ Limitation of evidentiary proceedings] § 1. (repealed)
§ 2. The court of appeal shall dismiss the request of evidence if the conduct of the evidence by that court would be unfoul for the reasons set out in the Article. 437 (2) second sentence
Article 453. [ Report of Judge-Rapporteur] § 1. Judicial review in the court of appeal shall initiate an oral report in which the Judge-Rapporteur presents the course and results of the proceedings so far and, in particular, the content of the judgment under appeal, and the pleas in law and the appellate's pleas in law, as well as the to be decided by the authority. It shall, where necessary, be read out of the records of their parts.
§ 2. The parties may submit explanations, statements and requests orally or in writing; written in writing shall be read out, with the provision of art. 394 applies.
§ 3. The President shall give the floor to the participants in the proceedings referred to in Article 4. 406 § 1, in the order of which it is established, first giving the vote to the complainant. The defendant and his defense counsel shall not be refused to speak after the speeches of the other participants in the proceedings.
Article 454. [ Prohibition of reformationis in peius] § 1. The court of appeal must not convict the defendant, who was acquitted in the first instance or of which the proceedings were either redeemed or conditionally terminated.
§ 2. (repealed)
§ 3. The appeal court must not exacerbate the punishment by targeting the life sentence of imprisonment.
Art. 455. [ Correction of the wrong legal qualification of the act] Without altering the factual findings, the court of appeal corrects the erroneous legal qualification irrespective of the limits of the appeal and the pleas in law raised. The improvement of the legal qualification for the disadvantage of the accused may take place only if the appeal has been brought to the disadvantage of the defendant.
Art. 455a. [ Exclusion of possible repeal of the judgment] The judgment cannot be waived on the ground that its reasons do not meet the requirements laid down in the Article. 424.
Article 456. [ Judgment of the Court of Appeal] The court of appeal shall decide whether to maintain, repeal or amend the judgment of the court of first instance by the court of appeal.
Article 457. [ Grounds for judgment] § 1. The statement of reasons for the judgment shall be made out of office within 14 days.
(2) If the court amends or maintains the judgment under appeal, the statement of reasons shall be drawn up at the request of the party, unless a separate sentence has been submitted. The provisions of Article 4 422 and Art. 423 shall apply mutatis mutandis.
§ 3. In the statement of reasons, it is necessary to state what the judgment of the court of justice was directed at, and why the pleas in law of the court of appeal and the pleas of appeal have been found to be un
Article 458. [ Proceedings before the court of appeal] The provisions relating to the proceedings before the court of first instance shall apply, mutatis mutandis, to the proceedings before the appeal proceedings, unless otherwise provided for in the provisions of this Chapter.
Chapter 50
Complaint and objection
Article 459. [ The complaint to the order] § 1. The complaint shall be entitled to the court's decision closing the way for the judgment, unless the law provides otherwise.
§ 2. The complaint shall also be entitled to the provisions of the security measure and to any other provision in the cases provided for in the Act.
§ 3. The complaint shall be granted to the parties, as well as to the person to whom the order is directly applicable, unless the law provides otherwise.
Article 460. [ Date of lodging of grietation or objection] The complaint or opposition shall be lodged within 7 days from the date of publication of the order, and if the law orders the service to be served, from the date of service. That is also the case in the judgment in the judgment concerning the costs or charges contained in the judgment; if, however, the appellant submits an application for written preparation and the statement of reasons for the judgment, the complaint may be lodged within the time limit laid down by the an appeal.
Art. 461. [ Attachment of regrettable write-off] § 1. The final decision shall be accompanied by the corresponding number of write-downs for the persons concerned by the contested decision. Such copies shall be served without delay to those persons.
§ 2. The lodging of a complaint against a provision other than those referred to in paragraph 1 and the opposition shall be notified to the persons concerned by the order under appeal.
Article 462. [ Pause of execution of the order] § 1. If the Act does not provide otherwise, the complaint shall not withhold the execution of the contested order; however, the court which issued it, or the court set up to recognize the complaint, may suspend the execution of the order.
§ 2. Refusal to hold does not require justification.
Art. 463. [ Samokontrola court] § 1. The court in which a complaint has been lodged may take it into account if the decision in the same composition in which the judgment under appeal has been issued; in other cases, the President of the court shall transmit the complaint without delay, together with the acts or the necessary discharges of the the case file, the court set up to hear the complaint.
§ 2. The complaint to the order on the subject of temporary arrest and the security of property shall be referred to the recognition within 48 hours.
Art. 464. [ Participation of parties in the meeting] § 1. The parties and the defenders and plenipotentiaries are entitled to take part in a hearing of the court of appeal hearing the complaint against the order terminating the proceedings, to the order for a preventive measure other than provisional arrest, on the provision for property security and detention. They shall have the right to participate in a meeting of the court of appeal also when they have the right to participate in the court of first instance.
§ 2. [ 3] In other cases, the court of appeal may authorise the parties or the defender or agent to participate in the meeting.
§ 3. (repealed)
Art. 465. [ The complaint to the prosecutor's order] § 1. The provisions relating to complaints against the provisions of the court shall apply mutatis mutandis to the complaints to the public prosecutor's office and to the preparatory proceedings.
§ 2. At the order of the procurator, he shall be entitled to complaint to the court competent to identify the case, unless the law provides otherwise.
§ 2a. In cases of accusation of a private complaint against the prosecutor's decision to refuse to initiate or to redeem the preparatory proceedings, a parent prosecutor shall be recognised if the order has been made in the absence of social interest in prosecuting the office of the perpetrator.
§ 3. If the prosecutor is not the prosecutor, the complaint to the preparatory proceedings shall be recognised by the procurator who is supervising the proceedings.
Art. 466. [ The complaint and opposition to the order] § 1. The provisions relating to objections and complaints to the provisions shall apply mutatis mutandis to the objections and complaints to the Ordinance.
§ 2. The complaint to the Board of Appeal shall be recognized by the court of appeal.
Article 467. [ Complaint on action or abandonance of action] § 1. The provisions of this Chapter shall apply mutatis mutandis to the acts or omissions of the acts or omissions provided for in the Act.
§ 2. In recognition of the validity of the complaint, the review body shall determine the incompatibility of the acts with the law or lack of action and shall manage what is necessary, in particular in order to remedy the consequences of the infringement and to prevent any similar misconduct in the future, and shall take other measures provided for in the Act.
SECTION X
Special proceedings
Chapter 51
(repealed)
Art. 468. (repealed)
Chapter 52
Handling of private accusations
Article 485. [ Procedure mode] In cases of private accusation, the provisions on ordinary proceedings shall apply, subject to the provisions of this Chapter.
Article 486. (repealed)
Art. 487. [ indictment] The indictment may limit himself to the designation of the accused, the alleged act and the evidence on which the accusation is based.
Art. 488. [ Adoption of a complaint § 1. The police shall, at the request of the victim, accept an oral or written complaint and, if necessary, secure the evidence, and shall send the complaint to the competent court.
§ 2. At the order of the court, the Police shall carry out the evidence provided by the court of inquiry and shall forward the results to the court. Article Recipe 308 applies mutatis mutandis.
Article 489. [ Meeting of Conciliation] § 1. The main hearing shall be preceded by a conciliation meeting, which shall lead the judge or the referendary of the court.
§ 2. At the request or with the consent of the parties, the court may, instead of the conciliation meeting, set an appropriate deadline for the conduct of the mediation proceedings. Article Recipe 23a shall apply mutatis mutandis.
Art. 490. [ Call for Atonement] § 1. The conciliation meeting begins with the call of the parties to reconciliation.
§ 2. The minutes of the conciliation meeting shall in particular indicate the position of the parties to the call for reconciliation and the results of the conciliation meeting; if there has been a reconciliation, the minutes shall also be signed by the parties.
Art. 491. [ Failure of the parties to the conciliation meeting] § 1. Failure to do so by a private prosecutor and his representative for a conciliation meeting without an excuse shall be deemed to be a waiver; in such a case, the conduct of the proceedings of the meeting shall be deemed to be a meeting of the umarist.
§ 2. In the event of an unjustifiable failure of the defendant, the conciliator shall refer the matter to the main trial and, as far as possible, shall immediately set a time limit for that hearing.
Article 492. [ Closure of proceedings] § 1. In the event of reconciliation of the parties, the proceedings shall be terminated. An order for the remission of proceedings may also be issued by a court referendary.
§ 2. If the reconciliation occurred as a result of mediation, the provision of art. 490 § 2 shall apply mutatis mutandis.
Article 493. [ Reconciliation range] In the course of the conciliation meeting or the outcome of the mediation, reconciliation shall be admissible, including other cases of private accusation, which shall be between the same parties.
Article 494. [ Ugoda] § 1. At the same time, the reconciliation of the parties may include a settlement, the subject of which may also be the claims remaining in connection with the prosecution.
§ 2. (repealed)
Art. 495. [ Designation and preparation of the hearing] § 1. If there is no sign of reconciliation, the case shall be referred to the main trial, and, where possible, shall be set at once, unless there is a need to refer the matter to a meeting for another settlement.
§ 2. The parties present at the meeting should report the evidentiary conclusions.
§ 3. (repealed)
Article 496. [ Closure of proceedings] § 1. The proceedings in cases of private prosecution shall be waived with the consent of the defendant if the private prosecutor waives the charge before the final termination of the proceedings.
§ 2. The defendant's consent is not required if the private prosecutor waives the charges before the start of the court wire at the first main trial.
§ 3. The failure to do so by a private prosecutor and his representative at the main trial without justifiable reasons shall be regarded as a waiver.
Article 497. [ Reciprocal Indictment] § 1. The defendant may, until the start of the court canal, institute proceedings against a private prosecutor who is a victim of a mutual indictment of a private criminal act, in connection with the conduct of the criminal charges. At that time, the court will recognize both cases.
§ 2. The surrender of one of the plaintiffs ' private prosecutors shall result in the cancellation of the proceedings only in the part relating to the indictment lodged.
§ 3. Both private prosecutors benefit from the defendant's powers. The primacy of questions and speeches is given to this private prosecutor, who first brought the indictment. The judgment in the judgment states that the proceedings were pending on the grounds of mutual accusations.
Art. 498. [ The inadmissibility of the countercharge] § 1. Cross-accusation is unacceptable if the prosecutor has previously initiated proceedings or joined the proceedings.
§ 2. If, after the prosecution has been brought in, the prosecutor joins one of the mutual accusations, the court shall exclude the charges against the individual proceedings. Article Recipe 60 § 2 shall apply.
§ 3. In the event of the prosecutor's embrace of the two accusations, the proceedings shall be carried out ex officiatly and the defendants shall also enjoy the powers of the accusers in an appropriate manner.
Art. 499. [ Relevant application of the provisions] The provisions of Article 4 492-494 is also applicable at the hearing as well.
Chapter 53
Order handling
Article 500. [ Procedure mode] § 1. In the cases in which the investigation was carried out, taking the view, on the basis of the material in the preparatory proceedings, that it is not necessary to carry out the hearing, the court may in cases which allow the judgment of a restriction of liberty or of a fine issue an injunting sentence.
§ 2. In the order of order, the provisions of ordinary proceedings shall apply mutatis mutandis where the provisions of this Chapter do not provide otherwise.
§ 3. The court may issue a court order if, on the basis of the evidence gathered, the circumstances of the deed and the fault of the accused are not in doubt.
§ 4. The court shall issue the order of order at the meeting without the participation of the parties.
Article 501. [ Prohibition of court verdict] The issue of an order sentence shall be inadmissible:
1) (repealed)
2) in the case of private accusation;
3. if the circumstances referred to in Article 3 are met. 79 § 1.
Article 502. [ Kinds of penalties to be ordered in the order proceedings] § 1. The order of the order may be punitive with a restriction of liberty or a fine of up to 200 daily rates or up to 200 000 zlotys.
§ 2. In addition to the sentence laid down in paragraph 1, the act of penal, forfeiture or compensatory measure may, in the cases provided for in the Act, be punishable.
§ 3. The Tribunal may take a decision on the decision of a criminal measure, forfeiture or compensatory measure, if the conditions of a decision of that measure are maintained.
Article 503. (repealed)
Article 504. [ Content of the prescribing verdict] § 1. The order of order should contain:
1) the designation of the court and the judge who issued it;
2) the date of the judgment;
3. the name and other particulars identifying the accused person;
4) the exact determination of the act assigned by the court of the accused, with an indication of the applicable provisions of the Criminal Law;
5) the penalty dimension and other necessary resolutions.
§ 2. The prescriptive sentence may not contain the grounds.
Article 505. [ Serving the judgment of the court] A copy of the order sentence is served by the prosecutor, and the defendant and his defense counsel, together with the writings of the indictment. In any event, a copy of that judgment shall be served on the prosecutor's office. Together with the writings of the judgment, it is necessary to provide for the application of the law on the law, the time limit and the manner in which the opposition is lodged and the consequences of its failure to bring it.
Article 506. [ Objection to the judgment of the prescribing] § 1. The defendant and the prosecutor shall have the right to object to the court which issued the order of order, within seven days of the service of that judgment, within a time limit of seven days.
§ 2. The President of the Tribunal shall refuse to object if he or she has been lodged after the date or by an unauthorised person.
§ 3. In the event of opposition, the order shall be forfeit; the case shall be subject to recognition on a general basis.
§ 4. (repealed)
§ 5. The opposition may be revoked until a court wire is commenced at the first major trial.
§ 6. The court recognizing the case after the lodging of the opposition is not bound by the content of the order of order, which has lost power.
Article 507. [ Legitimacy] The judgment of an order from which no objection or opposition has been lodged shall become final.
Chapter 54
(repealed)
Article 508. (repealed)
Chapter 54a
Accelerated procedure
Art. 517a. [ Accelerated procedure] § 1. In the accelerated procedure, provisions on ordinary proceedings shall apply where the provisions of this Chapter do not provide otherwise.
§ 2. The failure of the public prosecutor shall not thwarted the course of the hearing or the sitting. If a public prosecutor is not involved in the trial, the accusations are pleated with the protokolant.
Art. 517b. [ Cases identified in the accelerated procedure] § 1. In an accelerated procedure, cases in which an investigation is carried out may be heard if the perpetrator is in the act of committing a crime or immediately after, detained and within 48 hours of the offence and has been brought by the Police and to the court's disposal, together with a request for a case to be heard in the accelerated procedure, hereinafter referred to as 'the request for a case to be heard'.
§ 2. The proceedings shall be subject to the proceedings of a public prosecutor, also of a criminal offence, if they are of a hooliganist character.
§ 2a. It may be possible to waive the compulsory supply of an offender under the conditions laid down in paragraph 1, provided that he/she is provided by the perpetrator in all the judicial activities in which he or she is entitled to participate, and in particular the submission of by means of explanations, using technical devices, to enable these activities to be carried out at a distance with simultaneous direct image and sound transmission. In such a case, the submission of an application for a case recognition shall be tantamount to the transfer of the perpetrator to the court's disposal.
§ 2b. In the case referred to in paragraph 2a, in all judicial activities by means of technical devices enabling these activities to be carried out at a distance, the perpetrator of the referendary of the court or assistant of the judge shall take part in the place of residence. employed in a court in which the district is held by the perpetrator.
§ 2c. Where a defender is established in the case referred to in paragraph 2a, he shall be involved in judicial activities by means of the technical devices enabling these operations to be carried out at a distance, at the place of the perpetrator's residence.
§ 2d. If, in the case referred to in paragraph 2a, the circumstances referred to in Article 2 are met in respect of the perpetrator. 204 § 1, the translator participates in the judicial activities using the technical devices enabling them to carry out these activities at a distance, at the place of the perpetrator's residence.
§ 3. It may be waived to stop and forcially bring the perpetrator under the conditions laid down in § 1, or to release the detainee, obliging him to appear in court at the designated place and time, within a period not exceeding 72 hours from the moment of detention or devotion to the Police, with the result of the call. An application for a case to be heard shall be transmitted to the court together with the evidence within 48 hours of the date of detention or of the perpetrator in the hands of the Police, and when that period expires on a non-working day, on the nearest working day, yes However, in order for the court to accede to the case before the expiry of 72 hours from the moment of detention or the perpetrator in the hands of the Police.
§ 4. In relation to the perpetrator of a performance of a hooligan character, § 3 may be applied exceptionally, if it is apparent from the circumstances that the perpetrator will stand in court at the designated place and time and will not obstruct the proceedings in any other way.
Art. 517c. [ Investigation] § 1. The investigation may be limited to questioning the suspect as a suspect and to secure evidence to the extent necessary. In the course of the investigation of the procedural steps referred to in Article 303 and 321 may not be performed.
§ 2. The Suspect is instructive of his/her powers: to provide explanations, to refuse to provide explanations or to refuse to answer questions, to use the assistance of the Defender, to submit-already in the course of the investigation-the request referred to in art. 338a, as well as the possibility of submitting an application by the prosecutor referred to in art. 335 (1) or (2), and of the obligations and consequences referred to in Article 3 (1), 74, art. 75, art. 138 and art. 139. This instruction should be given to the suspected in writing for the acknowledgement of receipt.
§ 2a. In the case referred to in Article 517b § 2a of the suspect should be instructed in addition to the content of art. 517b § 2a and 2c, art. 517e § 1a and art. 517ea.
§ 3. (repealed)
Art. 517d. [ Application for case recognition] § 1. Where there are grounds for a request for a case to be heard, the Police shall draw up such a request and forward it to the court together with the evidence collected and inform the prosecutor immediately; this application shall be replaced by the act of the prosecutor. accusations.
§ 1a. In the case referred to in Article 517b § 2a copies of the application for recognition of the case for the perpetrator and for his defender, if established, as well as certified copies of all documents of the evidence submitted to the court and leaves at the place of residence Perpetrators Upon completion of all judicial activities carried out in accordance with the provisions of Article 517b § 2a copies of these shall be included in the case file.
(2) If the conditions for the application referred to in Article 4 apply to the application referred to in Article 2, 335 § 1 or 2, or where the suspect has lodged an application as referred to in Article 338a, Police present a motion to recognize the prosecutor's case for approval. The prosecutor may refuse to approve an application for a diagnosis of the case by deciding on the further course of the case; by approving the request for a case recognition, he may also attach to him the application referred to in art. 335 § 2, or request the application referred to in Article 335 § 1.
§ 3. An application for the diagnosis of a case should contain the data referred to in Article 4. 332 § 1; provisions of art. 333 § 1-3 and art. 334 (1) and (2) shall apply mutatis mutandis. The police shall be served by the victim in writing of the entitlement under the Article. 46 § 1 of the Criminal Code, art. 343 § 2 and art. 387 § 2 and the content of art. 49a and art. 338a, as well as about the right to make a declaration of action as a prosecutor of the meal.
§ 4. Any person requested by the Police as a witness, expert, interpreter or specialist shall be required to appear in court or in the place of the perpetrator's presence within the prescribed period. Article 177 (1a) shall apply.
Art. 517e. [ Served on the defendant's request for a case to be heard] § 1. Copy of the application for recognition of the case, the President of the Tribunal or the court of service of the defendant and his/her defense counsel, if he has been established, marking the time for preparation for the defence. The accused should be allowed to contact the defender without the presence of third parties.
§ 1a. In the case referred to in Article 517b § 2a President of the court or court, in the manner indicated in Art. 137, shall notify the defendant and his defender, if he has been established, of the service of the application for the case to be served and shall mean the time for the preparation of the defence. The defendant and his/her defender shall be served as a receipt by the Police Officer, copies of the application for the examination of the case and shall make copies of the documents referred to in Article 1 (1). 517d § 1a. The detained defendant should be allowed, at the place of his residence, to contact the defender without the presence of third parties.
§ 2. (repealed)
§ 3. The court shall immediately proceed to the examination of the case. Art. 339 § 1 points 1 and 2, art. 351 § 1 and art. 353 does not apply.
§ 4. (repealed)
Art. 517ea. [ Scripture] § 1. In the case referred to in Article 517b § 2a during the court proceedings in which the accused participates in the use of technical devices enabling these activities to be carried out at a distance, the participants of the proceedings may submit applications and other statements and make process activities only verbally to the protocol. The content of all pleadings that have received the file from the moment of the referral to the court of the application for the examination of the case, the court shall be obliged to inform the accused and his defender at the earliest possible time. At the request of the accused or the defense counsel, the court is obliged to read the contents of those letters.
§ 2. In the case referred to in Article 517b § 2a of the pleadings of the accused and of his defenders, which could not be transferred to the court, may be read by them at the trial. Once they have been read, they shall have the effect of a procedural effect and shall be treated as oral acts.
Art. 517f. [ Conducting an expedited procedure, if necessary, for the interruption of the hearing] § 1. The expedited procedure shall also be carried out in the event of the need to interrupt the hearing; the total time of the ordered interruptions shall not exceed 14 days.
§ 2. In the event of an interruption, the court shall decide on the application of the preventive measure.
§ 3. Art. 98 § 2 and art. 411 § 1 does not apply.
Art. 517g. [ The circumstances disclosed after the start of the court wire] § 1. Where the court or tribunal finds that the case is not subject to an expedited procedure, it shall decide on the preventive measure and shall refer the case to the prosecutor for the purpose of carrying out the preparatory proceedings. in general, by notifying the victims of this. If, on the other hand, the court finds that it is not possible to identify cases in the case of an expedited procedure, the time limit laid down in Article 4 (1) of the Rules of Procedure must be 517f § 1, recognizes it further in the usual mode. If, however, the court finds that the cumulative duration of the breaks referred to in Article 4 is not impracticable, 517f § 1, already before the hearing, resolves the subject of a preventive measure and transmits the case to the prosecutor to carry out the preparatory proceedings on a general basis, notifying the victims of the case.
(2) If, on the basis of the circumstances disclosed after the beginning of the judicial proceedings, the court finds that there is a need to supplement the evidence and the necessary action in the judicial proceedings would result in significant difficulties, refer the case to the prosecutor in order to carry out the preparatory proceedings on a general basis by notifying the victim; before the case is referred, the court shall decide on the preventive measure.
§ 3. If, on the basis of the circumstances disclosed after the beginning of the judicial proceedings, the court provides for the possibility of a sentence of more than 2 years of imprisonment, the court shall rule on the preventive measure and refer the case to the prosecutor in order to conducting the preparatory proceedings on a general basis; the judge who took part in the issuance of the order is by virtue of the law excluded from further participation in the case.
§ 4. In the event of a conviction on a custodial sentence without conditional suspension of its execution, the court shall, after hearing the parties, decide on the preventive measure.
Art. 517g. [ Break in the hearing or change of procedure] In the event of a interruption of the interruption or the change in the procedure of the proceedings, the procedure shall not apply to the accused manner of participating in the judicial activities provided for in Article 4 (1) of the Rules of Procedure. 517b § 2a.
Art. 517h. [ Grounds for the judgment and deadline for appeals] § 1. The request for written and delivery of the grounds of the judgment may be made orally to the minutes of the hearing or of the sitting or in writing within a period of time of three days from the date of service of the judgment.
The Tribunal shall state the reasons for the judgment within three days of the date on which the application for the statement of reasons has been lodged.
§ 3. The time limit for bringing an appeal shall be 7 days and shall run for any person entitled from the date on which the judgment is served on the basis of the reasons for his appeal.
§ 4. Where an appeal is lodged, it shall be transmitted immediately, together with the file of the court of appeal, which shall recognise the case at the latest within one month from the date of its impact on that court. Article Article 448 does not apply.
§ 5. In the event of an appeal by the procurator, the defender or the plenipotentiary, the appeal court shall attach to the notice of the date of the appeal hearing a copy of the opposing party's appeal.
Art. 517i. [ Addendum to evidence] § 1. If, after the review of the appeal measure, the court finds that there is a need to complete the investigation of the substance of the case, it may, by repealing the judgment, refer the case to the prosecutor for the purpose of carrying out the preparatory proceedings for the General principles.
§ 2. In the event of the annulment of the judgment and the retrial of the case, the continuation of the proceedings shall be in the ordinary course of proceedings.
Art. 517j. [ Ensuring the defendant's ability to use the aid of a defender] § 1. In order to enable the defendant to benefit from the assistance of the defender in an accelerated procedure, the duty of lawyers and legal advisers to be carried out at the time and place specified in the separate provisions shall be laid down.
§ 2. The Minister of Justice will determine, by means of a regulation, the way in which the defendant is accused of using the assistance of the defender and the possibility of his or her choice in the accelerated procedure, including the organisation of duty, as referred to in § 1, with a view to the correct the conduct of the accelerated procedure and the need to ensure that the defendant is able to choose the defender.
CHAPTER XI
Exceptional measures of appeal
Chapter 55
Cassation
Article 518. [ Procedure mode] Unless otherwise provided for in this Chapter, the provisions of Chapter IX shall apply mutatis mutandis to procedures for the treatment of cassation.
Article 519. [ Cassation from the final judgment] From the final judgment of the court of appeal terminating the proceedings and from the final decision of the court of appeal on the remission of the proceedings and the application of the safeguard measure referred to in Article 4 93a of the Penal Code may be brought cassation. Article Article The third sentence of Article 425 (2) shall not apply.
Article 520. [ Persons Entitled To Lodge A Cassation] § 1. The parties shall be entitled to lodge a cassation.
§ 2. The party which has not challenged the decision of the court of first instance shall not lodge a cassation from the decision of the court of appeal, if the decision of the court of first instance has been held in power or amended in its favour.
§ 3. The limitation referred to in paragraph 2 shall not apply to the shortcomings referred to in Article 2. 439.
Art. 521. [ Bringing the cassation by the Minister of Justice-Prosecutor General and the Ombudsman] § 1. The Minister of Justice, the Attorney General, and the Ombudsman, may lodge a cassation from any final decision of the court that ends the proceedings.
§ 2. A spokesman for the Rights of the Child may lodge a cassation from any final decision of the court terminating the proceedings if the decision has been made in violation of the rights of the child.
§ 3. The authorities referred to in paragraphs 1 and 2 shall have the right to request the review of the judicial and prosecutorial files and the act of other law enforcement authorities after the proceedings have been completed and shall be resolved.
Art. 522. [ Prohibition of re-lodging of cassation] The cassation against the same defendant and from the same judgment each entitled may only lodge once.
Art. 523. [ Base of cassation] § 1. The cassation may be brought only because of the deficiencies mentioned in the art. 439 or other flagrant violation of the law, if it could have had a material impact on the content of the ruling. The cassation shall not be brought solely on account of the immortality of the penalty.
§ 1a. The restrictions referred to in the second sentence of paragraph 1 shall not apply to the cassation brought by the Minister of Justice-the Attorney General in matters of crimes.
§ 2. The cassation in favor can only be brought in the event of conviction of the defendant for a crime or a treasury offence on a custodial sentence without the conditional suspension of its execution.
§ 3. A cassation to the disadvantage can only be brought in the event of an acquittal of the accused or a waiver of the proceedings.
§ 4. The restrictions provided for in paragraphs 2 and 3 shall not apply to the cassation:
1) filed because of the deficiencies listed in the Article. 439;
2) in the case referred to in Art. 521.
Art. 524. [ Deadline to lodge a cassation] § 1. The time limit for lodging a cassation for the parties shall be 30 days from the date on which the decision was served on the grounds. The application for service of the decision with the statement of reasons must be filed in the court which issued the decision, within a period of time, filed 7 days from the date of the announcement of the decision, and if the law provides for service of the decision, from the date of its service. Article Recipe 445 § 2 shall apply mutatis mutandis.
§ 2. The time limits for the lodging of the cassation referred to in paragraph 1 shall not apply to the cassation made by the Minister of Justice, the Prosecutor General, the Ombudsman and the Ombudsman.
§ 3. It is not acceptable to take account of the cassation against the disadvantage of the accused brought after one year from the date on which the decision has been legitimised.
Article 525. [ Court of First Instance to lodge a cassation] § 1. The party requests the cassation to the Supreme Court through a court of appeal.
§ 2. In the case referred to in Article 521 the cassation is brought directly to the Supreme Court.
Art. 526. [ Charges of cassation] § 1. The cassation must indicate what the infringement is alleged to be.
§ 2. [ 4] If the cassation does not come from the prosecutor, the Minister of Justice-the Attorney General, the Ombudsman or the Ombudsman of the Rights of the Child, should be drafted and signed by a lawyer or attorney who is an advocate or a counsellor legal.
Article 527. [ Cassation Fee] § 1. The party is accompanied by proof of payment of the court fee; this does not apply to the prosecutor.
§ 2. A person deprived of liberty shall not pay the charge when the cassation is brought; if the cassation is left unrecognisable or is dismissed, the charge shall be followed by the payment of the charge.
§ 3. A soldier who is a host of military or military service as a candidate for a professional soldier shall not pay a fee.
§ 4. The fee will be refunded to the party who paid it if the cassation is taken into account, even if it is in part, or it will be revoked.
§ 5. The Minister of Justice shall determine by way of regulation the amount of the fee, having regard to the actual costs of the proceedings and the principle of access to the court.
Article 528. [ Exclusion of the right to challenge] § 1. The appeal shall not be entitled to a refusal:
1) exemption from payment of the fee referred to in art. 527 § 1;
2) appoint a lawyer or legal adviser to draw up a cassation;
3) the restoration of the term referred to in art. First sentence of the first paragraph of Article 524.
§ 2. Article Recipe 447 § 4 shall apply mutatis mutandis.
Article 529. [ Consequences of cassation lodged] The removal and recognition of the cassation in favour of the accused shall not prevent the execution of the sentence, the conviction, the act of grace, nor the circumstance excluding the prosecution or justifying the suspension of proceedings.
Article 530. [ Preliminary examination of the cassation] § 1. In the case referred to in Article 525 § 1, when accepting the cassation, the President of the court shall serve its copy to the other parties and, after the prosecutor has filed a written reply to the cassation, shall immediately forward the file to the court competent to identify the cassation, if the court to which the Tribunal has been lodged The cassation is not entitled to it.
§ 2. The President of the Tribunal, to whom the cassation has been lodged, shall refuse to accept it if the circumstances referred to in the Article are met. 120 § 2 or in art. 429 § 1, or where the cassation is based on other reasons than those referred to in art. 523 § 1.
§ 3. On the order referred to in § 2, the complaint shall be entitled to the Supreme Court. The Supreme Court recognizes the grievance of one person. The Court of Cassation shall issue a decision without the participation of the parties, unless the President of the Supreme Court goverments otherwise.
§ 4. In the event of acceptance of cassation, which the prosecutor did not consider to be unfounded, a copy of the prosecutor's written response to the cassation shall be served on the other parties, their defenders and their agents. Further pleadings shall be lodged directly with the Court of Cassation.
§ 5. The prosecutor, recognising the cassation as of course unfounded, shall send a copy of the response to the cassation of the other parties, their defenders and agents, who, within 14 days of receiving the procurator's reply, may present to the court in writing their position.
Art. 531. [ Leave of cassation without diagnosis] § 1. The Supreme Court leaves without recognizing the accepted cassation if it does not conform to the provisions set out in art. 530 § 2 or when the adoption of the cassation took place as a result of an unreasonable restoration of the deadline. The Court of Cassation shall issue a decision without the participation of the parties, unless the President of the Supreme Court manages otherwise.
§ 2. The Supreme Court may, however, return the case file to the court of appeal if it finds that the proceedings have not been completed in order to remedy the formal deficiencies of the cassation lodged.
§ 3. The second sentence of paragraph 1 shall apply mutatis mutandis in the event of the withdrawal of cassation.
Article 532. [ Hold of the enforcement of the contested decision] § 1. In the event of a cassation, the Supreme Court may withhold the execution of the contested decision and of another decision, the execution of which depends on the settlement of the cassation.
§ 2. Holdings of enforcement of the decision may be combined with the application of the measures referred to in Article 266, 271, 272, 275, and 277.
§ 3. The cassation court shall issue a decision at the meeting without the parties ' participation, unless the President of the Supreme Court manages otherwise.
Article 533. [ Application of preventive measures] If the cassation is brought to the disadvantage of the defendant, the Supreme Court may apply a precautionary measure, unless the defendant was acquitted.
Art. 534. [ Composition of the Court] § 1. If the Act does not require a judgment, the Supreme Court shall adjudicate by one person, unless the President of the Supreme Court manages the case in the composition of three judges.
§ 2. If the cassation relates to a decision of the Supreme Court, it shall be subject to recognition in the composition of seven Judges, unless the decision is issued by one person; in such a case, the Supreme Court shall rule in the composition of the three Judges.
Article 535. [ Recognition of the cassation at the hearing and meeting] § 1. The Supreme Court recognizes the cassation at the hearing, and in the cases provided for by the Act-at the meeting without the participation of the parties.
§ 2. The parties deprived of liberty shall not be brought to trial unless the President of the Supreme Court or the Supreme Court deems it necessary.
§ 3. The dismissal of cassation as manifestly unfounded does not require a written statement of reasons; if the order was issued at the sitting and when it was issued at the hearing and the party deprived of liberty had no procedural representative and no has been brought to the hearing, the justification shall be drawn up at the request of the hearing. The provisions of Article 4 422 and 423 shall apply mutatis mutandis.
§ 4. Cassation made on the basis of art. 521 The Supreme Court recognizes at the hearing.
§ 5. The cassation brought in favour of the accused may be included in its entirety at the meeting without the participation of the parties, in the event of its obvious legitimacy.
Art. 536. [ Cassation Limits] The Supreme Court recognizes the cassation within the limits of appeal and raised charges, and, in the broader scope, only in the cases referred to in art. 435, 439 and 455.
Art. 537. [ Cassation ruling] § 1. The Supreme Court shall, after recognition of the case, dismiss either the cassation or the contested decision, in whole or in part.
§ 2. In the judgment of the contested decision, the Supreme Court shall refer the case to the competent court for the retrial or retrial of the proceedings, and if the conviction is manifestly wrong-the acquittal of the accused.
Article 538. [ Cessation of execution of the penalty] § 1. Once the judgment has been set aside, the enforcement of the sentence, the criminal measure, the forfeiture and the compensatory measure shall cease; the penalty, the criminal measure, the forfeiture and the compensatory measure already taken-in the case of subsequent re-sentencing-shall be counted as a new one. the case-law, the criminal measure, the forfeiture and the compensatory measure.
§ 2. The Supreme Court, repealing the ruling, may apply a preventative measure. The order for the application of the provisional arrest serves the purpose of a complaint against the equivalent composition of the Supreme Court.
§ 3. Where the final judgment is set aside for a conditional remission or adjudication of a sentence with a conditional suspension of its execution, in the event of a redecision on the conditional remission of the proceedings or of a penalty with a conditional suspension of its execution, the period of the trial shall include the period of trial which has elapsed since the judgment has been entitled to the date of its repeal.
Article 539. [ Cassation Inadmissibility] A cassation from the decision of the Supreme Court following the recognition of cassation shall be inadmissible.
Chapter 55a
Complaint against the judgment of the appeals court
Art. 539a. [ Complaint to the Supreme Court] § 1. From the judgment of the appeal court repealing the judgment of the court of first instance and the transferring case for the retrial of the parties, the parties are entitled to the Tribunal of the Supreme Court.
§ 2. The sentence may be appealed in whole or in part.
§ 3. A complaint may be brought solely on the grounds of an infringement of an Article. 437 or due to the deficiencies referred to in Article 4 (1). 439 § 1.
Art. 539b. [ Date of lodging of the complaint] § 1. The complaint shall be lodged within 7 days of the date of service of the judgment with the reasons for its application. The provisions of Article 4 The second and third sentences of Article 524 (1) shall apply mutatis mutandis.
(2) Article 2 (2) (c) of the judgment of the Court of Appeal shall
Art. 539c. [ Copies of the complaint] § 1. The complaint shall be accompanied by an appropriate number of write-off for the other parties.
§ 2. The President of the Tribunal, serving a copy of the complaint to the other parties, instructs the right to make a written reply to the complaint within 7 days from the date of service of the copy of the complaint. After the expiry of that period, the President of the Tribunal shall immediately send the file to the Supreme Court.
Art. 539d. [ The decision on the preventive measure] Upon the transfer of the case to the Supreme Court, he shall rule on the precautionary measure as necessary. The order for the application of the provisional arrest serves the purpose of a complaint against the equivalent composition of the Supreme Court.
Art. 539e. [ Recognition of the complaint] § 1. The Supreme Court recognizes the complaint at the meeting without the parties ' participation.
Paragraph 2. The Supreme Court shall either dismiss the action or the judgment shall be waived in whole or in part and shall refer the matter to the competent court of appeal for retrial.
Art. 539f. [ Relevant application of the provisions] The provisions of Article 4 425 § 3 and 4, art. 428 § 1, art. 431, art. 432, art. 435, art. 436, art. 442 § 1 and 3, art. 457 § 1 and 3, art. 525 § 1, art. 526, art. 527 § 1-4, art. 528 § 1, art. 530 § 2 and 3, art. 531, art. 534 § 1 and art. 536, as well as provisions issued on the basis of art. 527 § 5 shall apply mutatis mutandis.
Chapter 56
Reopening of the procedure
Article 540. [ Grounds for resumption] § 1. A judicial proceeding shall be resumed by a final judgment if:
1) a criminal offence is allowed in connection with the proceedings and there is a reasonable basis for acceptance that this could have an impact on the content of the decision;
2) following the release of the decision, new facts or evidence shall be revealed indicating that:
(a) the convicted did not commit the act or the act was not a criminal offence or was not punished,
(b) they have been convicted of a criminal offence punishable by a more severe penalty, or the circumstances requiring an exceptional relaxation of the sentence have not been taken into account, or the circumstances affecting the exceptional punishment of the sentence have been wrongly adopted,
(c) the court remitted or conditionally waived the criminal proceedings, wrongly accepting the commission of the alleged criminal act.
§ 2. The proceedings shall be resumed for the benefit of the party if the Constitutional Tribunal has ruled on non-compliance with the Constitution, ratified by an international agreement or with the law of the legal provision on the basis of which the ruling was issued; the reopening may not shall be to the disadvantage of the accused.
§ 3. The proceedings shall resume in favor of the accused, when the need arises from the settlement of an international body acting under an international agreement ratified by the Republic of Poland.
Art. 540a. [ Optional resumption of proceedings] A judicial proceeding terminated by a final judgment may be resumed if:
1) convicted, to which the provision of art was applied. 60 § 3 or 4 of the Penal Code or Art. 36 § 3 of the Code of Criminal Treasury, has not confirmed in criminal proceedings the information disclosed by itself;
(2) there is a circumstance referred to in Article 3. 11 § 3.
Art. 540b. [ Optional resumption of proceedings at the request of the accused] § 1. The court proceedings terminated by a final judgment may be resumed at the request of the accused, filed within the time of the day of the month from the date on which he became aware of his judgment, if the case was recognized in the absence of the accused, which has not been notified of the date of the meeting or the hearing, or has been served other than in person, where he demonstrates that he has not been aware of the time limit and of the possibility of giving judgment in his/her absence.
§ 2. The provision of § 1 shall not apply in the cases referred to in Article 2. 133 § 2, art. 136 § 1 and art. 139 § 1, as well as if a defender was involved in the hearing or in the meeting.
Article 541. [ Determination of the offence raised in connection with the proceedings] § 1. The act referred to in art. 540 § 1 point 1 must be established by a final convicting sentence, unless such a decision is not likely to collapse on the grounds of the reasons set out in art. 17 § 1 points 3-11 or in art. 22.
§ 2. In that case, the application for a reopening of proceedings should indicate a conviction or a judgment in criminal proceedings, stating the impossibility of issuing a conviction.
Article 542. [ Grounds for resumption] § 1. Resumption of proceedings may take place at the request of the party or ex officie
§ 2. An application for reopening in favour may be filed in the event of death of the convicted person closest to it.
§ 3. The proceedings shall be resumed only if one of the shortcomings referred to in Article 4 is disclosed. 439 § 1, and the reopening of proceedings only for the reasons set out in points 9 to 11 may take place only for the benefit of the accused.
§ 4. The reopening shall not take place for the reasons set out in § 3, if they have been identified in cassation mode.
§ 5. It is not acceptable to resume the procedure of the office to the disadvantage of the accused after the expiry of the year from the date on which the decision was legidated.
Art. 543. (repealed)
Art. 544. [ Court of First Instance to decide on the resumption] § 1. On the issue of the resumption of the proceedings, the district court adjudicates, and on the issue of the resumption of proceedings concluded by the court of appeal, the court of appeal appeals. The court shall rule in the composition of three judges.
§ 2. On the issue of resumption of proceedings concluded by the judgment of the appellate court or the Supreme Court adjudicated by the Supreme Court in the composition of the three judges.
§ 3. On the issue of resumption of proceedings, the court adjudicate at a sitting without the parties ' participation, unless the President of the court or the court decides otherwise.
Art. 545. [ Relevant application of the provisions] § 1. In proceedings for renewal, Article 4 (1) shall apply mutatis mutandis. 425 (2), first sentence, § 3 and 4, art. 429, art. 430 § 1, art. 431, art. 432, art. 435, art. 442, art. 456, Art. 457 § 1 and 3, art. 529, art. 530, art. 532 and art. 538, and in the event of a resumption of proceedings for the benefit of the accused, an Article shall apply mutatis mutandis 434 and art. 443.
§ 2. The application for the reopening of proceedings, if not from the procurator, should be drawn up and signed by a defender or attorney. The provisions of Article 4 446 shall apply mutatis mutandis.
§ 3. The court, ruling in one person, refuses to accept an application not originating from the person mentioned in § 2 without calling for the removal of his formal deficiencies, if from the content of the application, in particular the appellant to the circumstances which have already been recognized in the the proceedings for the resumption of the proceedings show that it is clear that it is unfounded. The decision to refuse the application shall be entitled to a complaint to the same court as the three Judges.
Art. 546. [ Check Actions] If the court ordered the examination of the circumstances under the art mode. 97, the parties have the right to take part in the checking operations.
Article 547. [ Ruling on the reopening of proceedings] § 1. A decision dismissing or leaving the request shall be entitled to a complaint unless it has been held by an appellate court or by the Supreme Court.
(2) In the case of the resumption of the proceedings, the court shall abrogate the contested decision and refer the case to the competent court for retrial. The appeal shall not be entitled to any appeal against that decision.
§ 3. By revoking the contested decision, the court may order the acquitted of the defendant if the new facts or evidence indicates that the judgment is manifestly wrong, or the proceedings are remitted. The judgment of the acquittal or the dead person shall be entitled to an appeal.
§ 4. The decisions referred to in paragraph 3, issued by the Supreme Court, shall not be entitled to appeal.
Art. 548. [ Proceedings after the death of the accused] If the proceedings have been resumed as a result of an application for the benefit of the accused and it is pending after his death or if there is a reason for the suspension of the proceedings, the President of the court shall designate the rights of the accused defender to defend the rights of the accused, unless the applicant has already established a defender.
CHAPTER XII
Proceedings after the decision has been legitimised
Chapter 57
Taking a conditionally decommitted procedure
Article 549. [ Application for conditionally decommitted proceedings] On the basis of a conditional proceedings, the court shall decide upon the application of the prosecutor, the victim or the judicial officer of the court or ex officio.
Art. 550. [ Ruling on the taking of proceedings] § 1. On the subject of a conditionally unconditional procedure, the court of first instance competent to identify the case shall be adjudicated.
§ 2. The meeting shall have the right to take part in the prosecutor, the defendant and his defender, and the victim and his representative.
§ 3. The decision to leave the application without recognition and to take the proceedings shall be entitled to a complaint.
§ 4. When a conditionally reacted procedure is taken, the guarantor shall be notified.
Art. 551. [ Procedure mode] In the event of a conditionally unconditional procedure, the case shall be subject to a new case in the general rules, before the competent court or tribunal responsible for its examination. Article Recipe The second sentence of Article 341 (2) shall apply mutatis mutandis.
Chapter 58
Compensation for wrongful conviction, temporary arrest or detention
Art. 552. [ Right to Indemnity and Compensation] § 1. The defendant, who, as a result of the resumption of proceedings or cassation, was acquitted or sentenced to a more lenient penalty, serves from the State Treasury to compensation for the damage suffered and to compensate for the injury suffered, resulting from the execution of the damage to him as a whole or in part of a penalty that he should not have carried.
§ 2. Paragraph 1 shall also apply if, after the withdrawal of the conviction, the proceedings have been terminated as a result of circumstances which have not been taken into account in the earlier proceedings.
§ 3. The right to compensation and redress shall also arise in connection with the application of the safeguard measure under the conditions laid down in paragraphs 1 and 2.
§ 4. Compensation and redress shall also be entitled to an unquestionable temporary arrest or detention in the event of doubt.
Art. 552a. (repealed)
Art. 552b. (repealed)
Article 553. [ Exclusion of the right to compensation or redress] § 1. A claim for compensation or redress shall not be entitled to those who, in their intention to mislead the court or law enforcement authority, have made a false notice of the commission of a criminal offence or false explanation and caused thereby unfavourable to themselves judgment on conviction, temporary arrest, application of a detention or detention centre.
§ 2. The provision of § 1 shall not apply to persons making a declaration under the conditions laid down in the Art. 171 § 4, 5 and 7, as well as where the damage or injury arose as a result of the overrun of the powers or failure to comply with the obligation by a public officer.
§ 3. In the case of a contribution by the accused to the judgment referred to in § 1, the provisions of Article 1 shall be adopted. 362 the Civil Code shall be applied accordingly.
Article 553a. [ Determining the amount of compensation] In determining the amount of the compensation, the court shall take account of the advance of the accused period of the wrongful application of the penalties, security measures, temporary arrest or detention for which compensation is requested, against penalties or measures. hedging of any other proceedings.
Art. 554. [ Request for damages and reparation] § 1. The claim of compensation must be reported in the district court, in which the district was given a judgment in the first instance, and in the case referred to in art. 552 § 4-in the district court due to the place where the release of the temporarily arrested or the release of the detainee has been released.
§ 2. The District Court shall adjudicate on trial in the composition of a single Judge.
§ 3. A hearing shall be notified to the prosecutor of the date of the hearing by means of a copy of the application.
§ 4. The proceedings are free of court costs. If any claims are taken into account, even in part of the applicant, the Treasury shall refund reasonable expenses, including the establishment of one representative.
Article 555. [ Claims redress] The claims provided for in this Chapter shall expire one year after the date on which the decision giving rise to compensation and redress has been made, in the event of a temporary arrest, from the date on which the decision is entitled to be made. terminating the proceedings in the case, in the case of detention, from the date of exemption.
Art. 556. [ Persons Entitled to Indemnity] § 1. In the event of the death of the accused person, the right to compensation shall be entitled to those who, as a result of the execution of the sentence or of unquestionable temporary arrest
1) due to him from the authorized under the Act of Maintenance;
2) continuously provided to him by the deceased maintenance, if the reasons of fairness speak for the award of compensation.
§ 2. The claim of compensation must be notified within the time limit provided for in Article 555 or within a year of the death of the accused.
§ 3. The requesting compensation may establish a proxy. The provisions of Article 4 78-81 shall apply mutatis mutandis.
§ 4. The defence authorisation granted to a defence counsel shall retain power as an authorisation to act as a proxy.
Art. 557. [ Claims of Treasury Regression] § 1. In case of compensation for damage and redress for the harm the State Treasury has a redress for persons who, by their unlawful act, resulted in an inaccurate conviction, the use of a security measure, undoubtedly wrong temporary arrest or detention.
§ 2. The claim of claims referred to in § 1 may issue in civil proceedings the prosecutor or the body, which is called to represent the State Treasury. If the prosecutor does not give rise to the grounds for bringing an action, he shall issue a provision to that end and shall inform the competent authority accordingly.
Art. 558. [ Application of the provisions of the Civil Procedure Code] In cases of compensation for wrongful conviction, the temporary arrest or detention of the provisions of the Code of Civil Procedure shall apply only on matters not regulated in this Code.
Article 559. (repealed)
Chapter 59
Pardon
Article 560. [ Request For Pardon] § 1. A request for the pardon of a convicted person may be requested by himself, by the person entitled to submit to his or her appeal, relatives in a straight line, appending or an assisting person, a siblings, a spouse and a person who is convicted in a common loan.
§ 2. A request for a pardon brought by an unauthorised or inadmissible person by law shall leave the court without recognition.
§ 3. The person who asked for a pardon may be able to undo it.
Article 561. [ Court of First Instance for Hearing of the Request] § 1. A request for a pardon shall be presented to the court which delivered the judgment in the first instance.
§ 1a. In the case of the sentence assumed to be executed in the Republic of Poland, the request for a pardon shall be presented to the court, which ruled in the first instance of the acquisition of the sentence to be executed.
§ 2. The Tribunal, referred to in § 1 and 1a, shall recognize a request for a pardon within 2 months from the date of its receipt.
Article 562. [ Composition of the Court] § 1. The court shall recognize a request for a pardon in the same composition as it has been adjudicating. The court should, as far as possible, enter judges and juros who have participated in the judgment.
§ 2. (repealed)
Art. 563. [ Circumstances relevant to the use of pardon.] In recognition of a request for a pardon, the court of first instance shall, in particular, have regard to the conduct of the convicted sentence after the judgment, the extent of the sentence already taken, the state of health of the convicted and his family conditions, the compensation of the damage caused by the offence and, above all, to all the special events that followed the judgment.
Art. 564. [ Convicted opinion] § 1. If, in a case in which a request for a pardon has been filed, only the court of first instance has been adjudicated and delivered a positive opinion, it shall send the Prosecutor-General's file or the necessary parts of the case together with his or her opinion, and in the absence of any grounds for such a decision, A positive opinion-leaves a request without further running.
(2) If, in the case in which a request for a pardon has been lodged, the court of appeal has been adjudicated, the court of first instance shall send the file or the necessary parts thereof together with its opinion.
§ 3. The appeal court shall leave a request without further course only if it gives a negative opinion, and the judgment has already been delivered by the court of first instance; in other cases, the court of appeal shall send the Prosecutor General the file together with its opinions.
§ 4. Positive opinions are not available for the persons mentioned in art. 560.
Art. 565. [ Submission of a request to the President] § 1. If the request for a pardon of at least one court has given a positive opinion, the Attorney General shall submit to the President of the Republic of Poland a request for a pardon, together with the file and his application.
§ 2. A request for a pardon addressed directly to the President of the Republic of Poland shall be given to the Attorney General in order to give it the run in accordance with art. 561 or art. 567.
Art. 566. [ Leave a request without recognition] The repetition of a pardon, brought before the end of the year from the negative handling of the previous request, may be left without recognition by the court.
Art. 567. [ Initiation of a procedure for pardon from office] § 1. Proceedings for a pardon may be initiated by the Office of the Attorney General, who may request the presentation of an act of the case with the opinions of the courts or present the file to the President of the Republic of Poland without asking for an opinion.
§ 2. The Attorney General shall present to the President of the Republic of Poland a case file or shall initiate a pardon proceedings from the office in any event when the President so decides.
Art. 568. [ Detention of execution of the sentence] Recognising that, in particular, compelling reasons are in favour of pardon, in particular where the reasons for a short period of time for the serving of the sentence are justified, the court issuing the opinion and the Attorney General may suspend the execution of the sentence or order a break in the execution of the sentence to the Court of First Instance. the time of completion of the pardon procedure.
Chapter 60
Judgment of the total
Art. 568a. [ Ruling the total penalty] § 1. The General Court shall order the following:
1) in the sentencing judgment-with regard to the penalties imposed for the offense attributed to the accused in question;
2) in the joint judgment-in other cases.
§ 2. In the case of the total sentence of the judgment in the conviction, the sentence shall apply mutatis mutandis. 575-577. If the conditions for a new sentence of a total penalty are observed only in respect of the penalties imposed in the same conviction, the judgment in question is the court which issued that conviction.
Art. 569. [ General Court of First Instance] § 1. Where the conditions for a decision of a total penalty in respect of a person who has been convicted or have been ordered with a total of the judgments of the various courts have jurisdiction to give judgment, the judgment in force shall be the court which issued the final conviction or penalty. in the first instance, adjudicating the penalties subject to merger.
§ 2. If, in the first instance, the courts of different orders have been adjudicated, the total judgment shall be issued by the court
§ 3. In the event of the concourse of the judgments of the General Court and of the Special Tribunal, the penalty shall be ordered by the General Court, which shall have imposed a penalty subject to a stricter penalty.
Article 570. [ Application for a judgment] The judgment of the total court shall be issued by the court or by a convicted or prosecutor.
Article 571. [ Opinion on convicted behaviour] § 1. The Tribunal shall, if necessary, request the criminal establishment in which the convicted resident has been convicted of an opinion on the conduct of the sentenced person during the period of the sentence, as well as information on the family, property and health conditions of the convicted person, and the data on the execution of the penalties imposed by the individual convictions.
§ 2. The application for a total judgment from the procurator should contain the data referred to in § 1.
Article 572. [ Closure of proceedings] If the absence of conditions for the judgment of the joint judgment is not applicable, the court shall issue a decision on the remission
Article 573. [ Rozprawa] § 1. The total sentence shall be issued after the hearing.
§ 2. Personal life of a convicted person shall not be mandatory unless the court decides otherwise. Article Recipe 451 shall apply mutatis mutandis.
§ 3. Article Article 84 § 1 does not apply.
Article 574. [ Relevant application of the provisions] In matters not governed by the provisions of this Chapter, the rules on common proceedings before the court of first instance shall apply mutatis mutandis to the proceedings for the issue of a judgment of the joint judgment. The evidence shall be carried out by the court of office. This does not exclude the right to request evidence from the party.
Article 575. [ Loss of total judgment] § 1. If, after the judgment of the joint judgment, there is a need to issue a new cumulative judgment, the cumulative total shall be repealed as soon as the previous judgment has become final.
(2) If, for instance, one of the judgments giving rise to the combined judgment is abrogated or amended, the total judgment shall be forfeit and the court shall, where necessary, issue a new judgment.
§ 3. Article 2 (2) shall apply mutatis mutandis where, for example, one of the judgment which is the basis of the judgment referred to in that provision has expired.
Article 576. [ Implementation of the judgment] § 1. As soon as the total judgment has become eligible, the judgments subject to merger shall not be executed within the scope of the joint judgment.
§ 2. In the event of a judgment which has been imposed on a total sentence of less than or equal to the duration of a custodial sentence or equal to that period, the President shall immediately manage the dismissal of the convicted person if he is not deprived of his liberty in another case. When submitting the order to be carried out, a total sentence shall be attached.
Article 577. [ Total Penalty] The total sentence shall, where necessary, be included in the total sentence.
CHAPTER XIII
Proceedings in criminal matters of international relations
Chapter 61
Immunities of persons belonging to diplomatic representations and consular posts of foreign countries
Article 578. [ Diplomatic immunities] They are not subject to the case law of the Polish Criminal Courts:
1) Authenticated in the Republic of Poland the heads of diplomatic representations of foreign states;
2. persons belonging to the diplomatic staff of those representations;
3. persons belonging to the administrative and technical staff of those representations;
4. the family members of the persons referred to in points 1 to 3, if they remain with them in the home community;
5) other persons enjoying diplomatic immunities on the basis of laws, agreements or universally recognized international customs.
Article 579. [ Consular Immunity] § 1. They shall not be subject to the case-law of the Polish criminal courts in respect of activities carried out during and in connection with the exercise of their official functions, and on the basis of reciprocity in the other areas:
1) the managers of consular offices and other officials of consular states of foreign states;
2) the persons equated with them on the basis of agreements or universally recognized international customs.
§ 2. The manager of the consular office and other officials of the consular of the foreign states shall be subject to detention or temporary arrest only in the event of a plea of crime. Their detention or provisional arrest shall be notified immediately to the Minister for Foreign Affairs [ 5] .
§ 3. Apart from the accident referred to in § 2, those persons may be deprived of their liberty only in the execution of the final judgment of the Polish court.
Article 580. [ Waiver of immunity] § 1. Art. 578 and 579 shall not apply when the sending State renounced in a clear manner the immunity of the person mentioned in those provisions.
§ 2. In respect of the officers of international organisations enjoying the waivers of the waivers referred to in paragraph 1, the competent international organisation shall be resolved.
Art. 581. [ Exemption from the obligation to testify] § 1. Persons referred to in Article 578 are not required to testify as a witness or to act as an expert or interpreter; however, they may be requested to express their consent to testify or to speak in an expert or interpreter capacity.
§ 2. In the event of consent as referred to in paragraph 1, the calls to be served by those persons shall not be liable to include the risk of coercive measures and, in the event of a failure to make a statement or refusal to give evidence, they shall not be subject to the application of such measures.
Art. 582. [ Relevant application of the provisions] § 1. To the persons referred to in Article 579 shall apply mutatis mutandis. 581 if the circumstances for which the testimony or opinions are to be concerned are related to the performance of official or service functions by those persons and, on a reciprocal basis, also as regards other circumstances.
§ 2. Persons listed in Art. 578 and 579 shall not be required to provide correspondence and documents relating to these functions.
Art. 583. [ Search Rooms] § 1. The searches of the premises of the diplomatic representation may be made only with the agreement of the Head of that Delegation or of the person temporarily acting in his/her office.
§ 2. In order to search the consular premises, the head of the consular office or a person temporarily acting as the head of diplomatic representation shall be required.
Article 584. [ Exemption of provisions] Art. 578-583 does not apply to the persons listed in them, in the scope of tasks incomplete during and in connection with the performance of their official functions, if they are Polish citizens or have a permanent residence in the Republic of Poland.
Chapter 62
Legal assistance and service in criminal matters
Article 585. [ Actions carried out by legal aid] Legal assistance may be carried out with the necessary criminal proceedings, in particular:
1) serving letters to persons who are abroad or to institutions established abroad;
2) interrogation of persons in the nature of defendants, witnesses or experts;
3) make a visual inspection and search of premises, other places and persons, seizure of objects and issue of objects of those abroad;
4) the call of persons staying abroad to the personal voluntary establishment before a court or prosecutor for the purpose of interrogation of a witness or a confrontation, as well as bringing to this end persons deprived at that time of freedom;
5) making available files and documents and information on the criminality of the defendants;
6) providing information about the law.
Art. 586. [ Delivery of writings to persons who are abroad] § 1. For the service of a letter residing abroad to a person who has Polish citizenship, or to interview such a person as a defendant, a witness or an expert court or a prosecutor shall request a Polish diplomatic representative or office consular.
§ 2. If you are unable to act in the manner prescribed in § 1, you may be requested to do so to the court, the public prosecutor's office or any other competent authority of a foreign state. In the case of a search, seizure and issue of an item, please attach a copy of the order of the court or procurator ordering the matter to be carried out in the case.
Art. 587. [ Evidence of evidence] Written on the request of the Polish court or the prosecutor of the logs, hearings of persons as defendants, witnesses, experts or protocols of other evidence, made by the courts or prosecutors of foreign states or bodies operating under their supervision, may be read at the hearing under the rules laid down in art. 389, 391 and 393, if the manner of carrying out the task does not contradict the principles of legal order in the Republic of Poland.
Art. 588. [ Providing legal aid] § 1. Courts and prosecutors provide legal assistance at the request of the courts and prosecutors of foreign states.
§ 2. The court and prosecutor shall refuse to grant legal assistance and transfer a refusal to the competent authorities of a foreign state if the requested action would be contrary to the principles of the legal order of the Republic of Poland or would violate its sovereignty.
§ 3. The court and the prosecutor may refuse to grant legal assistance if:
1) execution of the requested action does not belong to the scope of action of the court or prosecutor according to Polish law;
2) the State from which the request for legal assistance comes from, does not provide reciprocity in this respect;
3) the application concerns a deed which is not a crime under Polish law.
§ 4. The Polish laws shall apply to the process activities carried out at the request of the court or the procurator of a foreign state. However, it is necessary to ensure the wish of these bodies to apply a specific procedure or a special form when the action is carried out, if this is not contrary to the principles of the legal order of the Republic of Poland.
§ 5. The costs of legal aid shall be determined in accordance with Article 4. 616-619.
Art. 589. [ Protection of witnesses and experts] § 1. A witness or expert who is not a Polish citizen, who is voluntarily standing in court, cannot be prosecuted or detained, or who has been arrested for a criminal offence under the criminal proceedings concerned. and any other crime committed before the crossing of the Polish state border. Nor shall the penalty be executed against him for such a crime.
§ 2. The witness or expert loses the protection provided for in § 1 if he does not leave the territory of the Republic of Poland, although he could do so, within 7 days of the time when the court declared to him that his presence had become redundant.
§ 3. The witness or expert shall be entitled to reimbursement of travel and subsistment expenses and reimbursement of lost earnings and to the expert to pay for the drawing up of the opinion.
§ 4. The letter of the text of the provisions of the provisions of paragraphs 1 to 3 must be included in the notice given to the witness or expert who is on a permanent basis abroad. The risk of coercive measures is not to be reported as a result of non-instability.
Art. 589a. [ Placement of a person issued in an investigative arrest] § 1. In the case of a person deprived of his liberty in the territory of a foreign state, temporarily issued to testify as a witness or make with it another procedural step before the Polish court or prosecutor, the district court of the place of execution the activity manages the placement of a person issued in a Polish criminal establishment or an investigative arrest for the duration of her stay in the territory of the Republic of Poland, not exceeding the time of imprisonment specified in the issuing State.
§ 2. On the order of the court, the complaint shall not be entitled.
Art. 589b. [ Legal aid within the investigative team] § 1. Legal assistance in the preparatory proceedings between the Polish authorities entitled to carry out this proceeding and the competent authorities of a Member State of the European Union or another State, if an international agreement allows it to The Republic of Poland shall be a party, or on a reciprocal basis, and may also rely on the conduct of investigations within a joint investigation team, hereinafter referred to as 'the team'.
§ 2. The panel shall appoint, by agreement, the Procurator General and the competent authority of the State referred to in paragraph 1, hereinafter referred to as the "cooperating country", for a specific preparatory procedure, for a marked period of time.
§ 3. An agreement on the appointment of a team should specify:
1) the subject, purpose, place and period of cooperation;
2) the composition of the team, with an indication of the driver;
3) the tasks of individual team members.
§ 4. In agreement on the appointment of a team, it may be possible to allow for work in a team, under certain conditions, a representative of an international institution set up to combat crime.
§ 5. The period of cooperation within the team, as indicated in the agreement on the appointment of the team, may be extended for a further period of time marked, necessary to achieve the objective of this cooperation; the extension requires the consent of all parties to the agreement.
Art. 589c. [ Polish Team] § 1. The team, under which cooperation takes place on the territory of the Republic of Poland, hereinafter referred to as the "Polish team", may be appointed in particular when:
1) in the course of the ongoing in the territory of the Republic of Poland preparatory proceedings in the case of a criminal offence of a terrorist nature, trafficking in human beings, trade in narcotic drugs, psychotropic substances or their precursors or about other Whereas a serious offence has been disclosed that the perpetrator has acted or has taken place on the territory of another State and there is a need to carry out an investigation into the territory of that State or with the participation of his authority;
2) carried out in the territory of the Republic of Poland the preparatory proceedings remain in connection with the present or subjective of the preparatory proceedings for the offence mentioned in point 1, carried out in the territory of another State and occurs the need to perform most of the investigation activities in both proceedings in the territory of the Republic of Poland.
§ 2. The work of the Polish team is headed by the Polish prosecutor.
§ 3. The Polish team may include other Polish public prosecutors and representatives of other bodies authorised to investigate and officers of the competent authorities of the requested State, hereinafter referred to as 'delegated officers'.
§ 4. The provisions of national law shall apply to the activities in the preparatory proceedings carried out within the framework of the Polish team, subject to § 5-8 and the art. 589e.
§ 5. The posted officers may be present at all process activities performed within the framework of the Polish team, unless in a special case, justified by the need to protect the important interest of the Republic of Poland or the rights of the individual, The person who directs the management team is different.
§ 6. With the agreement of the parties to the agreement on the establishment of the Polish team, the head of the team may entrust to the delegated officer the execution of a specific action of the investigation, with the exception of the issue of the provisions provided for in this Code. In this case, the activities of the Polish team member and the protocol shall be drawn up by the Polish member.
§ 7. Where there is a need to carry out an investigation into the territory of the requested State, the request for legal assistance shall be requested by the competent institution or body of the official seconded by that State. The provisions of Article 4 (1) shall apply mutatis mutandis to the application of the protocols. 587.
§ 8. Within the limits set out in the agreement to set up a team of the Polish representative of an international institution referred to in art. 589b § 4, the powers referred to in § 5 shall be entitled.
Art. 589d. [ Delegation of the prosecutor to the team] § 1. The prosecutor or a representative of any other authority authorised to carry out an investigation may be delegated to a team in the territory of another cooperating country in the cases specified by the law of the State in whose territory the team's cooperation takes place. The Procurator General or any other competent authority shall decide on the delegation.
§ 2. The member of the team referred to in § 1, which is the Polish prosecutor, shall be entitled to the powers of the prosecutor of the foreign state specified in Art. 588 § 1. Article Article 613 § 1 shall not apply.
§ 3. The institutions and bodies of the Republic of Poland, other than the prosecutor referred to in § 2, shall provide the necessary assistance to the Polish member of the team referred to in § 1, within the limits and under the application of the provisions of national law.
Art. 589e. [ Use of information] § 1. The information obtained by a team member in connection with the participation in the work of the team, not otherwise available to the State which has delegated it, may be used by the competent authority of that State also for the purpose of:
1) to carry out criminal proceedings in its own right, with the consent of the requested State, whose institution or body has given information;
2) prevent a direct, serious threat to public safety;
(3) other than those mentioned in points 1 and 2, where this is the agreement to set up a team.
§ 2. The conformity referred to in paragraph 1 (1) may be withdrawn only if the use of the information could jeopardise the good of the preparatory proceedings being carried out in the requested State, the institution or body of which provided the information, and the an accident in which the State could refuse mutual assistance.
Art. 589f. [ Liability for damage caused by a team member] § 1. For the damage caused by a team member in connection with the activities carried out, the State which delegated it shall be the responsibility of the Member State in whose territory the team's cooperation took place.
(2) If the damage caused to another person is the result of an act or omission of a member of the team seconded by the other cooperating State, the amount of money equivalent to the compensation shall be temporarily paid to the affected competent authority. the State in whose territory the cooperation of the team took place.
§ 3. In the case referred to in paragraph 2, the amount of money paid shall be reimbursed to the body which has provisionally paid it, at the request of the latter.
Chapter 62a
An application to a Member State of the European Union for the enforcement of a provision on the detention of evidence or to secure property
Art. 589g. [ Implementation of the order to stop evidence] § 1. Where it is found that it may provide evidence of items, correspondence, consignments, lists of telephone calls or other communications of information or data stored in an information system or on a medium, including correspondence sent by e-mail, or the property to be seized in order to secure the execution of the decision of forfeiture are located in the territory of another Member State of the European Union, the court competent to identify the case or the prosecutor may request the execution of the order of their detention or the security directly to the the competent judicial authority of that State.
§ 2. In order to provide the order for the detention of the evidence, the competent court or the prosecutor shall act simultaneously to the competent judicial authority of the executing State for the purpose of issuing the order.
§ 3. As soon as the decision on forfeiture of a protected property referred to in paragraph 1 is entitled, the competent court shall request the competent judicial authority of the executing State to make the decision to carry out its forfeiture.
§ 4. The application for proof and the execution of forfeiture referred to in paragraphs 2 and 3 respectively shall be carried out on the basis of the provisions of Chapters 62 and 66 and of international agreements on legal assistance in criminal matters binding the Republic of Poland.
§ 5. The provision referred to in paragraph 1 shall be accompanied by a certificate containing all relevant information enabling it to be properly implemented.
§ 6. The documents to be transmitted shall be translated into the official language of the executing State or to another language indicated by that State.
§ 7. The transfer of the order and the certificate referred to in paragraph 5 may also be effected by means of an automatic data transfer device, in such a way as to enable the authenticity of such documents to be authenticated.
§ 8. In the event of difficulties in determining the competent authority of the executing State, the competent court or the prosecutor may also refer to the competent bodies of the European Judicial Network.
§ 9. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 5, having regard to the need to make available to the State the provision of the provision of all the necessary information, including information on the date to which it is to retain evidence or to secure property.
Art. 589h. [ Reimbursement of evidence issued to the State of enforcement] The evidence issued shall be returned to the executing State as soon as it has been used, if, at the time of their transfer, the refund is reserved or where they are repaid to the victim or to another authorized body residing in the territory of that State. Country.
Art. 589i. [ Repeal of the provisions on the retention of evidence] In the event of a breach of the retention of evidence or of the security of property, the competent court or the public prosecutor shall immediately inform the competent authority of the Member State of the European Union of its contents.
Art. 589j. [ The complaint to the order] § 1. To the order referred to in Article 589g § 1, issued by the prosecutor, shall be entitled to a complaint to the district court in which the district proceedings are carried out. The time limit for lodging a complaint shall run from the date of service of the order.
§ 2. Article Recipe 589g § 6 shall apply mutatis mutandis.
Art. 589k. [ Reimbursement of the equivalent of paid compensation for damage] § 1. If, according to the law of the State of enforcement, the State is liable for damage caused in connection with the enforcement of the order to detain evidence or to secure property, issued by a Polish court or prosecutor, at the request of the competent authority of that State, the State Treasury shall refund to it the amount of money which is equivalent to the compensation paid.
§ 2. The provision of § 1 shall not apply if the damage is the consequence of the act only or omission of the executing State's authority.
Chapter 62b
Occurrence of a Member State of the European Union for the enforcement of a decision to detain evidence or to secure property
Art. 589l. [ Enforcement of a detention order] § 1. The competent local district court or the prosecutor shall, without delay, carry out the detention order issued by the competent judicial authority of another Member State of the European Union on the items, correspondence, consignments, lists, telephone calls or other communications of information or data stored in an information system or on a medium, including correspondence sent by e-mail, or a decision on seizure of property in order to secure the execution of a decision forfeiture, if these things, correspondence, consignments, listings, data or the property is located or is stored in the territory of the Republic of Poland.
(2) If the court or the prosecutor to which the decision is addressed is not competent to give it the right to run, it shall forward it to the competent authority and shall inform the competent judicial authority of the Member State of the European Union of that decision thereof. the decision.
§ 3. If the provisions of this Chapter do not provide otherwise, the provisions of Polish law shall apply in the enforcement of the decisions referred to in § 1.
Art. 589m. [ Refusal of enforcement of the decision to stop the evidence] § 1. The enforcement of a decision on the detention of the evidence referred to in Article 4 may be refused. 589l § 1 if:
1) the act in connection with which the decision was issued shall not constitute a criminal offence under Polish law, unless under the law of the State of the ruling it is a criminal offence mentioned in Art. 607in points 1 to 33, punishable by deprivation of liberty, the upper limit of which shall be at least 3 years, or another measure of deprivation of liberty at least of the same dimension;
2) the evidence to which the decision relates cannot be claimed for reasons of fact, in particular because of their loss, destruction or impossibility to find;
3. a certificate of evidence shall not be accompanied by a certificate containing all relevant information enabling it to be properly executed or the certificate is incomplete or manifestly does not correspond to the content of the decision;
4. from the content of the certificate referred to in point 3, it is apparent to the satisfaction of the same person in whom the criminal proceedings have been lawfully completed;
5) execution of the decision is not possible due to the refusal of presentation of correspondence and documents on the basis of art. § 582 § 2.
§ 2. You may refuse to execute a decision aimed at securing the property referred to in art. 589l § 1:
1) if, under Polish law, in the case of the offence for which the decision was issued, the security of the execution of the forfeiture would be inadmissible, unless under the law of the State of the ruling it is a criminal offence mentioned in Art. 607in points 1 to 33, punishable by deprivation of liberty, the upper limit of which shall be at least 3 years, or another measure of deprivation of liberty at least of the same dimension;
2. in the cases referred to in § 1 points 2 to 4.
§ 3. The provisions of § 1 (1) and § 2 (1) shall not apply if the act does not constitute a criminal offence due to the absence or disparate regulation in the Polish law of the relevant fees, taxes, duties or rules on foreign exchange trading.
§ 4. In the case referred to in paragraph 1 (2), the competent court or the public prosecutor shall, before issuing a decision on the enforcement of a decision on the detention of the evidence or to secure property, consult the authority which issued it for the purpose of obtaining the decision on the enforcement of the decision on the enforcement of the decision all relevant information to enable you to find this evidence or property. If the information obtained has not contributed to the finding of such evidence or property, the court or prosecutor shall immediately inform the competent judicial authority of the issuing State of the impossibility of enforcement of the decision.
§ 5. In the case referred to in paragraph 1 (3), the competent court or the public prosecutor may designate the authority which issued the decision to provide the certificate referred to in paragraph 1 (3), to be completed or rectified.
§ 6. In the event of failure to comply with the time limit referred to in paragraph 5, the decision on the enforcement of the decision shall be based on the information provided previously.
Art. 589n. [ The determination of the enforcement of the decision to detain evidence] § 1. Order in respect of the enforcement of the decision to retain evidence or to secure the property referred to in Article 589l § 1, the competent court or the prosecutor shall issue immediately, as far as possible within 24 hours of the receipt of the decision.
§ 2. The order referred to in § 1 shall be served with the instruction of the powers resulting from the provisions of the issuing State of the judgment referred to in art. 589l § 1.
§ 3. The order referred to in paragraph 1 shall be entitled to grievance of persons whose rights have been infringed. Such persons shall also be entitled to a complaint concerning the retention of evidence or property protection, without prejudice to the applicant's powers under the provisions of the State of origin of the decision. In the case of a complaint, the complainant may only require examination of the correctness of the performance of the complaint.
§ 4. The competent judicial authority of the issuing State should be promptly notified of the lodging of a complaint, as well as of the contents of the decision which has been resolved as a result of its recognition.
§ 5. Article Recipe 589g § 6 shall apply mutatis mutandis.
Art. 589o. [ Hold of execution of the decision to execute the decision] When issuing a decision on the enforcement of a decision to detain evidence or to secure property, the competent court or the prosecutor may, at the same time, suspend the execution of the evidence if:
1) the execution of the decision could obstruct the other, pending criminal proceedings-for the time necessary to secure the proper course of the proceedings;
2) the evidence or property to which the decision relates has been previously detained or claimed for the needs of other pending criminal proceedings-until the time of release from detention or seizure.
Art. 589p. [ Obligation to notify the content of the provision] § 1. The competent judicial authority of the issuing State shall, where possible within 24 hours of receipt of the decision, inform the competent judicial authority of the State of issue without delay, if possible within 24 hours of receipt of the decision on the enforcement of the decision to stop the evidence or to secure this judgment. This notification may also be provided by means of an automatic data transfer device, in such a way as to enable the authenticity of the documents to be authenticated.
§ 2. In the cases referred to in Article 589o, it is also necessary to indicate the reasons for the suspension of the implementation of the provision and, if possible, its foreseeable period.
§ 3. Article 1 (1) shall apply mutatis mutandis in the event of cessation of the reasons for the holding of the order referred to in Article 589o. In such a case, the competent judicial authority of the State shall be informed of the decision to hold or secure evidence or property for the purposes of any other proceedings or of the measures taken to comply with the decision.
Art. 589r. [ Special course of action] § 1. In the execution of a decision on the detention of evidence or for the purpose of securing property, the wishes of the authority which issued that decision must be done to ensure that the action is carried out in a particular course of action or in a specific form, if not this is contrary to the principles of legal order of the Republic of Poland.
§ 2. The minutes of the detention of evidence or seizure of property shall be immediately communicated to the competent judicial authority of the issuing State. Article Recipe The second sentence of Article 589p (1) shall apply mutatis mutandis.
Art. 589s. [ Security of the execution of forfeiture decision] § 1. Detention of evidence and seizure of property in order to secure the execution of the decision of forfeiture shall be pending pending resolution on the occurrence of the competent judicial authority of the State of the decision, for the issue of evidence, or of enforcement an application for the execution of a final decision of forfeiture.
§ 2. In the light of the circumstances of the case, the competent court or the prosecutor may, however, after consulting the competent judicial authority of the State of origin of the decision, designate that authority a deadline to submit the request referred to in § 1, after the lapsing of the There may be an exemption from detention or seizure.
§ 3. Before the expiry of the period referred to in paragraph 2, the competent court or the public prosecutor shall inform the competent judicial authority of the executing State of the decision on the intention to exempt from detention or seizure, enabling him to make a written statement. If that authority does not provide arguments sufficiently justifying further detention or seizure, the competent court or the prosecutor shall issue a decision on the exemption from detention or seizure. A copy of the order shall be served on the persons concerned.
§ 4. An order for exemption from detention or seizure shall also be issued when the competent judicial authority of the State of origin of the decision has notified its repeal. The third sentence of paragraph 3 shall apply.
Art. 589t. [ Recognition of the application for withheld evidence] § 1. The examination of the application for withholding evidence or the execution by the Polish court of the application for forfeiture shall be carried out on the basis of the provisions of Chapters 62 and 66 and of international agreements on legal assistance in criminal matters The Republic of Poland.
§ 2. However, the execution of the application referred to in § 1 may not be refused, relying on the fact that the act to which the application relates does not constitute a criminal offence under the law of Poland, if, according to the law of the State of the ruling, it is a criminal offence listed in art. 607in points 1 to 33, punishable by deprivation of liberty, the upper limit of which is at least 3 years, or another measure of deprivation of liberty at least of the same dimension.
Art. 589u. [ Reimbursement of the amount of compensation paid] § 1. If the State Treasury is liable for damage caused in connection with the enforcement of a decision to detain evidence or to secure property, issued by a judicial authority of a Member State of the European Union, the State Treasury it shall apply to the competent authority of that State for the reimbursement of the amount of money that is equivalent to the compensation paid.
§ 2. The provision of § 1 shall not apply if the damage is the result of the act only or omission of the Polish authority.
Chapter 63
Acquisition and transfer of criminal prosecution
Article 590. [ Application for law enforcement] § 1. In the case of a crime committed abroad by:
1) a Polish citizen,
2) a person having on the territory of the Republic of Poland a permanent residence,
3) the person who is taking hold or will hold a custodial sentence in the Republic of Poland,
4) the person against whom the criminal proceedings were initiated in the Republic of Poland
-The Minister of Justice shall, if the interests of the judiciary so require, be returned to the competent authority of a foreign state with a request for prosecution or may accept such a request from the competent authority of a foreign country.
§ 2. The concept of criminal prosecution is considered to be the initiation of criminal proceedings under Polish law.
§ 3. If the acquisition of law enforcement is linked to a transfer by a foreign country temporarily arrested, Article 598 applies.
§ 4. For evidence collected abroad prior to the acquisition of law enforcement, an Article shall apply mutatis mutandis. 587, however, no evidence of evidence was taken at the request of the Polish court or prosecutor.
§ 5. The Minister of Justice shall notify the competent authority of the foreign country of the manner in which the criminal proceedings have been terminated.
Art. 591. [ Application for law enforcement] § 1. In the case of a crime committed on the territory of the Republic of Poland by a foreigner, the Minister of Justice, ex officio or at the initiative of the court or prosecutor, shall be returned, if required by the interest of the judiciary, to the competent authority Country:
1) whose person is prosecuted as a citizen,
2) in which the person pursued has a permanent place of residence,
3) in which the person is prosecuted or will be punished by deprivation of liberty,
4) in which it was initiated against the person prosecuted
-either to take charge of criminal prosecution or to accept such a request from the competent authority of a foreign state.
§ 2. If the victim is a Polish citizen, the submission of the application for the taking of prosecution may take place only with his consent, unless obtaining this consent is not possible.
§ 3. Prior to the application referred to in § 1, or the settlement of such a request originating from a foreign state body, the competent authority shall enable the person pursued in the territory of the Republic of Poland to take a position orally or in writing on the acquisition of prosecution.
§ 4. In case of a positive resolution of the application for the transfer of law enforcement concerning a person temporarily arrested in the territory of the Republic of Poland, the Minister of Justice shall request the competent authority to take action immediately, the purpose of issuing and transferring a person to a foreign state. The case file shall be submitted with the person, provided that they have not already been forwarded together with the application.
§ 5. The Minister of Justice shall request the competent authority of a foreign country to inform the competent authority of the way in which the criminal proceedings have been terminated.
§ 6. The transfer of criminal prosecution is considered to be a write-off of criminal proceedings under Polish law; it does not preclude the retrial of criminal proceedings in the event of a wrongful failure to prosecute abroad.
Art. 592. [ Criminal Proceedings] § 1. If, on the same act of the same person, criminal proceedings were initiated in the Republic of Poland and in a foreign state, the Minister of Justice holds consultations with the competent authority of a foreign state and-if the interest of the dimension so requires The Court of Justice of the European Court of Justice of the European Court of Justice may The provisions of Article 4 590 § 2-5 and art. 591 § 2-6 shall apply mutatis mutandis.
§ 2. If, on the basis of an international agreement, of which the Republic of Poland is a party, instituted in the Republic of Poland criminal proceedings for a criminal offence committed abroad, the Minister of Justice may request the competent authority of the State a foreign acquisition by the authorities of that State, regardless of whether or not in a foreign state the pursuit of the same act has been initiated. The provisions of Article 4 591 § 2, 5 and 6 shall apply mutatis mutandis.
§ 3. In a case of a crime committed abroad by a Polish citizen staying abroad, if the interests of the judiciary so require, the Minister of Justice may request the competent authority of a foreign state to take over the prosecution by the authorities of that State. The provisions of Article 4 591 § 2, 5 and 6 shall apply mutatis mutandis.
Article 592a. [ Application for information on criminal proceedings instituted on the same person's same act] § 1. Where the circumstances referred to in Article 4 apply. 590 § 1, art. 591 § 1 or other circumstances establishing the presuming that as to the same act of the same person initiated criminal proceedings in the Republic of Poland and in another Member State of the European Union, the court or prosecutor is present to the competent court or another body of a Member State of the European Union with a request to provide information about this proceeding.
§ 2. If the competent court or other authority of a Member State of the European Union is difficult to determine, the court or prosecutor may also address the relevant organisational units of the European Judicial Network.
§ 3. The provisions of paragraph 1 shall not apply where information on criminal proceedings in another Member State of the European Union has been taken out of office.
Article 592b. [ Deadline for Response] § 1. In the event of a court or other authority of a Member State of the European Union to provide information as to whether criminal proceedings are pending on the same person, the court or prosecutor shall reply to that authority's reply to the said authority. date. In the absence of such a time limit, or in the event of application to the defendant of a measure involving deprivation of liberty, the court or the prosecutor shall reply without delay.
§ 2. In the event of failure to meet the time limit laid down in the first sentence of paragraph 1, the court or prosecutor shall, without delay, inform the court or other authority of the Member State of the European Union of the reason for the delay and shall give the estimated time
§ 3. If the court or prosecutor to whom the speech is addressed is not competent to give it the right to run, it shall forward it to the competent court or to the prosecutor and shall inform the court or other authority of the Member State of the European Union of that decision.
Art. 592c. [ Consultation with the competent court or other authority of the EU Member State] § 1. If, on the same act of the same person, criminal proceedings were initiated in the Republic of Poland and in another Member State of the European Union, the court or prosecutor shall hold consultations with the competent court or other authority of the State of the European Union and, if the interests of the judiciary so require, request that the criminal prosecution be taken over or transferred. The provisions of Article 4 590-592 shall apply mutatis mutandis.
§ 2. In the course of the consultations, the court or the prosecutor shall inform the court or other authority of the Member State of the European Union of the information applied to the preventive measures, as well as any other information at the request of the competent authority.
§ 3. The court or prosecutor may not provide any information if its granting could prejudice the security of the Republic of Poland or would expose the participant to the danger of loss of life or health.
Art. 592d. [ Submission to Eurojust] § 1. If, as a result of the consultations referred to in Article 592c § 1, it has not been established which Member State should take over the prosecution, the court or prosecutor may request Eurojust in cases of criminal offences falling within its competence with a request for assistance in the settlement that the State could take over.
§ 2. After obtaining the opinion of Eurojust, the court or the prosecutor, if required by the interest of the judiciary, is requested to take charge of, or transfer, criminal prosecution. The provisions of Article 4 590-592 shall apply mutatis mutandis.
Article 592e. [ Notice on the way in which the criminal proceedings are terminated] In the cases provided for in Article 592c § 1 and art. 592d § 2 the court or prosecutor shall notify the court or other authority of a Member State of the European Union of the manner in which the criminal proceedings have been terminated.
Art. 592f. [ Occurrences and consultations not withholding criminal proceedings] Occurrence referred to in Article 592a, as well as the consultations referred to in art. 592c, they do not hold criminal proceedings.
Chapter 64
Application for the issue or carriage of persons being prosecuted or convicted abroad and for the issue of objects
Art. 593. [ Application for extradition] Courts and prosecutors report requests by the Minister of Justice to issue a person against whom criminal proceedings have been initiated to issue a person for legal proceedings or for the execution of a case-law penalty deprivation of liberty, of the carriage of a person prosecuted or convicted by the territory of a foreign state and for the release from the State of a foreign state of evidence of material or objects obtained by the perpetrator as a result of a criminal offence.
Art. 594. [ Postarenewal on temporary arrest] § 1. The request shall be accompanied by a copy of the order for provisional arrest, together with a statement of reasons, explaining the factual circumstances and the legal basis for law enforcement.
§ 2. In the case of a final judgment, the conviction of a custodial sentence shall be attached instead of the order referred to in paragraph 1 of the copy of that judgment.
§ 3. Article Recipe 280 § 1 point 2 shall apply mutatis mutandis.
Article 595. [ Request of the Provisional Arrest] In urgent cases, the court or prosecutor may apply directly to the competent authority of the foreign country for the temporary arrest or detention of the person for whom the application for release is to be lodged, and shall submit a request without delay. in accordance with art. 593 and 594.
Art. 596. [ Disclaimer of the scope of criminal liability] A person issued shall not be without the consent of the issuing State, convicted or deprived of liberty in order to execute a penalty for any other offence committed prior to the day of issue than that in respect of which the issue was issued.
Article 597. [ Disclaimer of the penalty exercise] In the event of a reservation in respect of a person who has already been convicted in respect of a person who has already been convicted, he or she shall be executed only for the offences in respect of which the sentence has been issued, the court having jurisdiction in the case, shall, if necessary, issue a judgment. amending the judgment in such a way that the penalties are carried out only for those offences for which the perpetrator is issued. The prosecutor and the person issued have the right to attend the meeting. Article Recipe 451 shall apply mutatis mutandis.
Art. 598. [ Provisional arrest period] § 1. Time limits provided for in Article 263 shall run against a person issued from the moment of taking over that person by the competent authorities in the territory of the Republic of Poland.
§ 2. Article Recipe 265 also apply when the detention took place abroad.
Art. 599. [ Exclusion of restrictions] If the person issued by the foreign state does not leave without the justified cause of the territory of the Republic of Poland within 45 days from the final date of the proceedings, and in the event of conviction-from the date of the serving or giving the penalty, or if after leaving the territory of the Republic of Poland will return to them, the restrictions resulting from the art. 596 and 597 do not apply.
Article 600. [ Transmission of the write-off of the final judgment to a foreigners] After a final judgment has been issued against a person issued by a foreign state, the court shall send a copy of the judgment of the Minister of Justice, which shall be transmitted by that court to the competent authority of a foreign state. Article Recipe 157 § 2 shall apply mutatis mutandis.
Art. 601. [ Reimbursement of transferred items] If a return is reserved in the course of a criminal offence, the foreign objects transferred by the State shall be returned; likewise, the evidence shall be followed by the evidence.
Chapter 65
Issue and carriage of persons being prosecuted or convicted or the issue of objects at the request of foreign states
Article 602. [ Application for extradition to a foreign country] § 1. (repealed)
§ 2. Where the authority of a foreign country has requested a person to be prosecuted for criminal proceedings or for the execution of a penalty or a detention order, the prosecutor shall question the person concerned and, as far as possible, to the extent of the criminal proceedings. the need to safeguard the evidence in the country, and then bring the case to a proper local district court.
Article 603. [ Proceedings on the application] § 1. The district court shall issue a decision on the application of a foreign state in its decision. Prior to issuing the order, the person who is being prosecuted should be given an oral or written explanation and, in the event of an application for criminal proceedings, the evidence in question must be carried out on a reasoned request by that person. country.
§ 2. The prosecutor and the defender are entitled to participate in the meeting.
§ 3. If the court has issued an order of inadmissibility, the issue shall not be issued.
§ 4. The decision of the court on the issue shall be entitled to a complaint.
§ 5. The General Court shall forward the final decision, together with the acts of the Minister of Justice, which shall, after the application of the application, inform the competent authority of the foreign country concerned.
Article 603a. [ The request of a foreign country for the application of temporary arrest] § 1. If the international agreement, to which the Republic of Poland is a party, so provides, the request of a foreign state for the application of the temporary arrest of a person being prosecuted shall replace the application for a release.
§ 2. In the case referred to in § 1, the prosecutor during the interrogation shall inform the person being prosecuted of the possibility of his consent to the issue or consent to the issue connected with the renunciation of the use of the restrictions laid down in the art. 596 and 597. If the prosecutor expresses the wish to make such a statement, the prosecutor shall refer the case to the district court in which the district proceedings are carried out.
§ 3. The court at the meeting resolves to the provisional arrest of the person prosecuted, receives a statement of consent to the issue or consent to the issue connected with the renunciation of the use of the restrictions set out in Art. 596 and 597, as well as issuing an order for the admissibility of the issue.
§ 4. The consent of the person to be prosecuted and the waiver referred to in paragraph 2 shall not be withdrawn, as shall be followed by the person being prosecuted.
§ 5. The Tribunal shall immediately forward the final decision together with the case file of the Minister of Justice, which shall decide on the person's release.
§ 6. Where the declaration referred to in paragraph 3 has not been submitted or the court has held that there is a situation referred to in Article 3 (3), it shall not be 604 § 1, or if the sitting has been postponed for more than 7 days, the provisions of Article 4 shall apply. 602 § 2, art. 603 and 605.
Article 604. [ Prohibition of extradition] § 1. A release shall be inadmissible if:
1) the person, whose application concerns, is a Polish citizen or uses in the Republic of Poland from the right of asylum;
2) the act does not contain the marks of a prohibited act or when the Act recognizes that the act does not constitute a criminal offence or that the perpetrator does not commit a criminal offence or is not subject to punishment;
3. the limitation has occurred;
4) the criminal proceedings concerning the same act of the same person have been legitimised by the law;
5) it would be contrary to Polish law;
(6) there is a legitimate concern that, in the requesting State, a death penalty may be ordered or executed against a person issued;
7. there is a legitimate concern that freedom and the rights of the person issued may be committed in the requesting State;
8) refers to a person prosecuted for committing without the use of violent crime for political reasons.
§ 2. The grant may be refused in particular if:
1) the person whose application concerns he has in the Republic of Poland a permanent place of residence;
2) the offence was committed on the territory of the Republic of Poland or on the Polish water or air vessel;
3. in the same person's act, the same person is in criminal proceedings;
4) the offence is subject to prosecution from private prosecutions;
5) according to the law of the State which has applied for a release, the offence is punishable by a penalty of imprisonment for a year or a milder punishment, or the punishment has been given;
6) the offence for which a release is requested is a military or treasury crime, or of a political nature other than those referred to in § 1 point 8;
(7) the State which has applied for the issue does not provide reciprocity.
§ 3. In the cases indicated in § 1 (4) and § 2 (3), the identification of the application for issue may be postponed until the completion in the Republic of Poland of the criminal proceedings against the same person or the case of the case or the giving of the sentence by the person.
Article 605. [ Provisional Arrest] § 1. If the application for issue concerns a criminal offence, the perpetrator of which is subject to the issue, the district court or at the request of the prosecutor may issue an order for the temporary arrest of the person being prosecuted; the provision of art. 263 shall apply mutatis mutandis.
§ 2. Before submitting an application for a court, the court may issue an order to temporarily arrest the prosecuted for a period of not more than 40 days if the authority of a foreign state requests that, ensuring that the person has been sentenced in that State to a final judgment. the convicting or the decision to temporarily arrest them.
§ 3. The order of the court in respect of the provisional arrest shall be entitled to a complaint.
§ 4. The day of the temporary arrest shall be immediately notified to the Minister of Justice of the Republic of Poland and the diplomatic representation or consular post or the authority of the prosecution of a foreign state.
§ 5. If the data contained in the application for issue are insufficient and the court or prosecutor has requested the completion of the request, and the foreign state does not, within one month from the date of service of the request, request the issuing authority to the authority which requested it. document or information, the order of provisional arrest shall be repealed.
§ 6. In the event of refusal, the State shall withdraw the request for release or provisional arrest or, in the event that the foreign country authority notified of the time and place of issue of the requested person, does not take over within 7 days from the date of issue, shall be governed by the exemption temporarily arrested if he is not deprived of his liberty in another case.
Art. 605a. [ Search information in the International Criminal Police Organization's database] The detention of the person being prosecuted may also be based on the information on the search for the International Criminal Police Organisation's database. The provisions of Article 4 244-246 and art. 248 shall apply.
Article 606. [ Permit to carry a person pursued by the territory of Poland] § 1. Permits for the carriage of a person pursued by the territory of the Republic of Poland is granted by the Minister The provisions of Article 4 594, 604 and 605 shall apply mutatis mutandis.
§ 2. If the journey takes place by air and does not provide for landing, it is sufficient to notify the Minister of Justice about the transport of a person pursued over the territory of the Republic of Poland.
Article 607. [ The order to issue items] § 1. For the settlement of requests by a foreign country concerning the issue of items which constitute evidence in kind or obtained as a result of a criminal offence, the prosecutor or the court of justice shall, depending on his/her regulation, have jurisdiction to take the necessary measures. Deposited. Article Recipe 588 (2) and (4) shall apply mutatis mutandis.
§ 2. The order to issue items should exchange things that are given to a foreign state, and indicate the things to be returned after the completion of the criminal proceedings conducted by the authorities of a foreign state.
Chapter 65a
Speech to a Member State of the European Union to transfer a person prosecuted under the European Arrest Warrant
Art. 607a. [ European arrest warrant] In case of suspicion, that a person prosecuted for a criminal offence under the jurisdiction of Polish criminal courts may be present in the territory of a European Union member state, the competent local district court, at the request of the prosecutor, and in the court proceedings the European arrest warrant, referred to in this Chapter, may be issued by the authority or at the request of the competent district court, or by the competent authority of the district court.
Article 607b. [ Impermissibility of order] The issue of an order is inadmissible if the interests of the judiciary are not required. Furthermore, the issue of an order is not
1) in connection with the criminal prosecution of a criminal offence punishable by a penalty of imprisonment by the year;
2) in order to execute a custodial sentence of up to 4 months or another measure of deprivation of liberty for a period not exceeding 4 months.
Article 607c. [ Order Content] § 1. The order should contain:
1) the designation of the court appearing, with an indication of its address, telephone number, telefax and e-mail address;
2) the date and place of issue of the order;
3) data specifying the identity and nationality of the person being prosecuted;
4) the signature, the type and content of the final judgment or the enforctive decision of the court, in respect of which the order was issued;
5) the citation of the description and the legal qualification of the act;
6) the upper limit of the statutory risk of deprivation of liberty of the offence of which the proceedings are being held or the amount of the sentence of the sentence of imprisonment or other means of deprivation of liberty;
7) a concise description of the facts of the case;
8) an indication of the consequences of the act not covered by the statutory marks of the offence.
§ 2. The prohibition should be translated into the official language of the executing State.
§ 3. The Minister for Justice shall determine by way of regulation the model of the order, having regard to the need to make available to the Member State of the European Union the data necessary for a proper decision on the subject matter of the the transfer of the person pursued.
Art. 607d. [ Forwarding of the order] § 1. If there is a suspicion that a person being prosecuted may reside in the territory of a Member State of the European Union and her whereabouts are not known, the prosecutor and, in the court proceedings and the executive order of the district court which issued the order, shall send him A copy to the Central Police Unit cooperating with Interpol with the request to initiate international searches.
§ 2. If the whereabouts of the pursued person is known or have been determined as a result of the search referred to in § 1, the prosecutor, and in the court proceedings and the executive order of the district court which issued the order, shall forward it directly to the judicial authority of the State the execution of the order; a copy of the order shall be forwarded to the Minister of Justice
§ 3. Article 2 shall apply mutatis mutandis in cases where the executing State has requested additional information or documents.
§ 4. The transfer of an order and all related information and documents may also be made using automatic data transmission facilities in a manner which allows the authenticity of such documents to be authenticated.
Art. 607e. [ Enforcement of the sentence] § 1. The persons transferred as a result of the execution of the order may not be prosecuted for offences other than those which constituted the basis for the transfer or the execution of a custodial sentence for such offences or of other means of deprivation of liberty. freedom.
§ 2. The General Court, which has ruled in the case, may order the execution of the sentence only for those crimes which formed the basis of the transfer of the person prosecuted. In a court session they have the right to take part of the prosecutor and the person prosecuted. Article Recipe 451 shall apply mutatis mutandis.
§ 3. The provision of paragraph 1 shall not apply if:
1) the executing State has filed a declaration of admissibility of prosecution or execution of a custodial sentence or other means of deprivation of liberty for all acts committed prior to the transfer, unless the judicial authority of this Whereas the State has decided otherwise in the transfer decision;
2) the person transferred, despite such possibility, has not left the territory of the Republic of Poland within 45 days from the day of the final proceedings or after leaving the territory of the Republic of Poland has returned to them;
(3) a custodial sentence or other measure involving deprivation of liberty has not been ordered;
4) the criminal proceedings do not entail the application to the person of the prosecuted measure involving deprivation of liberty;
5) the act of the person being prosecuted is in danger of a punishment or a measure not of deprivation of liberty;
6) the prosecuted person has given his consent to the transfer and has waivoured the exercise of the right referred to in § 1;
7) the person being prosecuted, after her transfer, has filed before the court competent to recognize the case with a statement of waiver of the exercise of the right referred to in § 1 in respect of the acts committed prior to the transfer;
8) the judicial authority of the executing State, which passed the person prosecuted, at the request of the court competent to issue the order, agreed to prosecute or execute the custodial sentences or other measures of deprivation of liberty for the offences referred to in point 1.
§ 4. The request referred to in paragraph 3 (8) shall contain the information referred to in Article 3 (8). 607c § 1. Article Recipe 607c § 2 shall apply mutatis mutandis.
Article 607f. [ Passing of the current penalty] The period of deprivation of liberty in the executing State in connection with the transfer shall be counted against the case-law or the custodial sentence.
Art. 607g. [ Submission of the write-off of the decision] After the final criminal proceedings against a person being prosecuted or a custodial sentence or other measure involving deprivation of liberty, the court having jurisdiction to hear the case shall send a copy of the decision, or a notification of the execution of a sentence or other measure to the judicial authority of the executing State.
Art. 607h. [ Seizure and transfer of proceeds from crime] § 1. The competent court or the prosecutor may request the judicial authority of the executing State to seize and transfer objects directly from crime, objects which have served or have been intended to commit a criminal offence, or which may have provide evidence of items, correspondence, consignments, telecommunication communications lists or other communications of information or data stored in an information system or media, including correspondence sent by e-mail.
§ 2. You may request the seizure and transfer of the evidence and objects referred to in § 1, also when the execution of the order is not possible due to the death or escape of the person being prosecuted.
§ 3. The items referred to in paragraph 1 shall be returned to the executing State if, when they are transferred, the refund is reserved or where they are reimbursed to the victim or to another authorised entity residing in the territory of the State order execution.
§ 4. The provisions of Chapter 62a shall apply mutatis mutandis.
Art. 607i. [ Surrender of the person to be prosecuted] § 1. A prosecuted person who, as a result of the transfer found in the territory of the Republic of Poland, is subject to a further transfer without the consent of the executing State in connection with the offences committed prior to the transfer, only if:
1) despite such possibility, it has not left the territory of the Republic of Poland within 45 days from the day of the final proceedings or after leaving the territory of the Republic of Poland has returned to it;
2) consent to the transfer to a State other than the executing State;
3. the provision of Article 3 shall apply to that provision. 607e § 3 points 2, 6, 7 or 8.
§ 2. The consent of the competent judicial authority of the executing State, which has been handed over by that person, is required for the further transmission of the person pursued, who, as a result of the transfer, was found in the territory of the Republic of Poland. The request of the competent district court to consent to a further transfer should contain the information listed in the Article. 607c § 1. Article Recipe 607c § 2 shall apply mutatis mutandis.
§ 3. The consent of the competent authority of the executing State, which handed over the person to that person, is required for the issue of a person being prosecuted, who, as a result of the transfer found in the territory of the Republic of
Article 607j. [ The transfer of the sentenced to a Member State] § 1. If the executing State has provided a prosecuted person, provided that the execution of a custodial sentence or other measure involving deprivation of liberty occurs in that State, the enforcement proceedings shall not be initiated.
§ 2. In the case referred to in paragraph 1, the court competent to hear the case shall, as soon as the decision has been legitimised, issue a decision on the transfer of the sentenced person to the competent Member State of the European Union for the purpose of enforcement of the case-law, or another measure consisting of deprivation of liberty. A copy of the order, together with the write-off of the decision, shall be transmitted to the competent judicial authority of the executing State.
Chapter 65b
Occurrence of a Member State of the European Union to transfer a person prosecuted on the basis of a European arrest warrant
Art. 607k. [ Purpose of the transfer of the person pursued] § 1. The transfer from the territory of the Republic of Poland of a person prosecuted to the European Arrest Warrant, referred to in this Chapter "a European order", shall be followed for carrying out against it, in the territory of another member state of the Union The European Union, the Council of the European Union, the Council of the European Union, the European Union, the European Union and the Council of the European Union,
§ 2. In the event of a European order being received, the prosecutor shall question the requested person by informing her of the contents of the European order and of the possibility of consent to the transfer or authorisation of the non-application of the provision of the Article. 607e § 1, after which he brings the case to the proper local district court.
§ 2a. The detention of a person being prosecuted by a European order may also take place on the basis of an entry in the Schengen Information System. The provisions of Article 4 244-246 and art. 248 shall apply.
§ 3. At the request of the prosecutor, the district court may apply provisional arrest, marking its term for the time necessary to hand over the person prosecuted. The total period of application of the temporary arrest shall not exceed 100 days. The self-imposed basis for the application of the provisional arrest is the existence of a final conviction or other decision of the European Union issued in another Member State of the European Union as a basis for the imprisonment of a prosecuted person.
§ 3a. Before the entry of the European order, the court may apply to the person prosecuted the temporary arrest for a period of not more than 7 days, if the competent judicial authority which issued the European order is requested, ensuring that the person in pursuit of the proceedings has been taken into custody. a final conviction or a different decision which is the basis for the deprivation of liberty.
§ 4. Where the separate provisions of Polish law provide that the prosecution of the person to whom the European order has been issued is subject to the authorisation of the competent authority, the provision of Article 1 shall apply before the matter is referred to the court. 13.
§ 5. If, at the same time, a European Union Member State of the European Union has requested an interview to be carried out by a Member State of the European Union, that person should be heard before the order is known. The hearing shall take place in the presence of the person designated in the European order. Article Recipe 588 § 4 shall apply mutatis mutandis.
Art. 607l. [ Consent to surrender] § 1. On the transfer and provisional arrest, the court shall decide at a meeting in which the public prosecutor and the defender are entitled to take part.
§ 1a. By notifying the person who is being prosecuted about the meeting referred to in paragraph 1, the court shall serve the European order together with the translation provided by the prosecutor. If, due to special circumstances, it is not possible to draw up a translation before the meeting, the translation shall be administered by the court. It may be necessary to inform the person of the substance of the European order, if it does not impede the exercise of its rights, including the rights listed in § 2.
(2) If the person being prosecuted has expressed such a will, the court shall accept from it a declaration of consent to the transfer or to the effect that the provisions of Article 3 (1) of the Treaty are not applicable 607e § 1. The statement may not be withdrawn, which must be instructed by a person being prosecuted.
§ 3. The order of the court on the transfer shall be entitled to a complaint. The complaint shall be lodged within 3 days of the date of notification of the order, and if the person being prosecuted is deprived of liberty and has not been brought to the court, from the day on which he was served. Article 252 shall apply mutatis mutandis.
§ 4. The Minister for Justice shall determine, by way of regulation, a model of instruction on the person to whom it is subject, in the event of detention, powers: to obtain information on the contents of the European order, of the possibility of consent to the forward, of the possibility of making a declaration on the transfer, to the use of the assistance of the defender, to be heard, to refuse to give explanations or to refuse to answer questions, to review the file for reasons relating to the reasons detention, access to first medical assistance, as well as of the powers referred to in § 3, in art. 72 § 1, art. 78 § 1, art. 261 § 1, 2 and 2a, art. 612 and the content of art. 607k § 3 and 3a, having regard to the necessity of an understanding also by persons who do not benefit from the assistance of a defender.
Art. 607m. [ Term of order of order] § 1. The order for the transfer of the district court shall issue within 40 days from the date of detention of the person prosecuted. If the person being prosecuted has made the declaration referred to in Article 4. 607l § 2, this term shall be 3 days and shall run from the day of submission of the declaration.
§ 1a. The proceedings concerning the transfer shall be terminated by a final decision within 60 days of the date of detention of the person pursued or 10 days after the date on which the declaration referred to in Article is lodged by the person concerned. 607l § 2.
§ 2. In particularly justified cases, where the time limits laid down in § 1a cannot be complied with, the proceedings for the transfer shall be terminated by a final decision within 30 days of the expiry of those time-limits. The delay shall be notified to the judicial authority which issued the European order, indicating the reason for the delay.
§ 3. In the case referred to in Article 607k § 4, the terms referred to in § 1 and 2, shall run from obtaining a prosecution permit. If such time limits have already begun, it shall be suspended until such time as the authorisation is granted.
Art. 607n. [ Date of transfer of the person prosecuted] § 1. A prosecuted person against whom a final transfer order has been made shall be transmitted to the competent judicial authority of the issuing State at the latest 10 days from the date on which the decision is entitled to become final.
§ 2. If the transfer of a person pursued within the period specified in § 1 is not possible as a result of force majeure or a threat to the life or health of that person, the pursued person referred to in § 1 shall be transferred to the competent judicial authority of the issuing State the European order within 10 days from the date of expiry of the newly agreed transfer date.
§ 3. If the State of issue of the European order does not take over the person subject to the transfer within the time limits referred to in § 1 or 2, the immediate release of that person shall be administered if it is not deprived of liberty in another case.
Article 607o. [ Deferral of execution of the provision of transfer] § 1. If, against a person being prosecuted, a criminal proceedings of a different act than that indicated in the European order or that person is to take place in the country for such an act of imprisonment, the court shall, by issuing a transfer order, postpone his or her execution until the end of the country of criminal proceedings or until the execution of a custodial sentence in the country.
§ 2. In the situation referred to in paragraph 1, the court, after having been informed of the existence of the authority which issued the European order, may, at its request, temporarily transfer the person prosecuted under the conditions laid down in the agreement concluded with that authority. Such an agreement should be drawn up in writing and specify the conditions for the transfer, including in particular the time limit for the return of the person to be prosecuted.
Article 607p. [ Refusal to execute the European order] § 1. The execution of a European order shall be refused if:
1) the offence to which the European order relates, in the case of the jurisdiction of the Polish criminal courts, is subject to a donation under amnesty;
2) in relation to a person pursued in another State, a final judgment on the same acts and, in the case of conviction for the same acts, the person being prosecuted shall be punished or held or punishment cannot be executed according to the law of the State in which a conviction has been made;
(3) a final decision has been taken against the person being prosecuted for the transfer to another Member State of the European Union;
4) the person to whom the European order relates, due to the age shall not be held under the law of Polish criminal liability for the acts constituting the basis of the European order;
5) it would violate the freedom and the right of man and citizen;
6) the warrant has been issued in connection with a crime committed without the use of violence for political reasons.
§ 2. If the European order has been issued against a person pursued, which is a Polish citizen, the execution of the order may occur on the condition that the act the European order concerns has not been committed on the territory of the Republic of Poland or on a Polish water or air vessel and constituted a crime according to the law of the Republic of Poland or would constitute a crime according to the law of the Republic of Poland in the event of committing on the territory of the Republic of Poland, both during its time to commit and at the time of the European order.
Art. 607r. [ Refusal Conditions] § 1. The execution of a European order may be refused if:
(1) the offence which is the basis for the issuing of a European order other than those referred to in Article 607w, does not constitute a crime under Polish law;
2) against the person pursued, the subject of which is the European order, is pending in the Republic of Poland criminal proceedings for the offence, which forms the basis of the European order;
3) in respect of the person being prosecuted, in connection with the act on which the European order was issued, a final decision has been made to refuse to initiate the procedure, to redeem the proceedings or to terminate the proceedings in a final case;
4) according to Polish law, the statute of limitations of law enforcement or execution of the sentence occurred, and the offences affected were subject to the jurisdiction of the Polish courts;
5) the European order concerns crimes which, according to Polish law, have been committed, in whole or in part, on the territory of the Republic of Poland, as well as on the Polish ship or aircraft;
(6) for the prohibited act in respect of which the European order relates, a life imprisonment or other means of deprivation of liberty may be ordered in the State of issue of the European order without the possibility of applying for a reduction.
§ 2. The provision of § 1 point 1 shall not apply if the act does not constitute a criminal offence due to lack or disparate regulation in the Polish law of the relevant fees, taxes, duties or rules of foreign exchange trading.
§ 3. The execution of a European order issued for the execution of a sentence or measure involving deprivation of liberty shall also be refused if the person pursued is not present, unless:
(a) the person being prosecuted has been invited to participate or otherwise has been notified of the date and place of the hearing or of the sitting, instructing that the absence of the judgment is not an obstacle to the decision or to the defender who was present at the time of the hearing or of the hearing. hearing or meeting,
(b) upon delivery to the person of the criminal proceedings of the decision, accompanied by a statement of the right to the person concerned, the time limit and the manner in which the order for the application for a new legal proceedings in the same case is lodged in the issuing State, it has not filed such a request within the statutory time limit, or has declared that it does not contest the decision,
(c) the authority which issued the European order shall ensure that, immediately after the surrender of the person prosecuted to the executing State, a copy of the decision shall be served, together with an instruction on the right to which it is entitled, the time limit and the manner in which the application is lodged. carry out a new legal proceeding in the same case with its participation.
Art. 607s. [ Lack of consent to transfer] § 1. No European order issued for the execution of a custodial sentence or measure involving deprivation of liberty against a person being prosecuted, a Polish citizen or a beneficiary of the Republic of Poland from the law of asylum, if does not agree to the transfer.
§ 2. You may also refuse to execute a European order if it has been issued for the purpose referred to in § 1, and the person being prosecuted has his or her place of residence or is permanently staying in the territory of the Republic of Poland.
§ 3. By refusing to forward, for the reasons set out in paragraph 1 or 2, the court shall give a decision on the execution of the sentence or measure, which has been decided by the judicial authority of the State of issue of the European order.
§ 4. In the order referred to in § 3, the court shall determine the legal qualification of the act according to Polish law. If the sentence or measure, adjudicated by the judicial body of a State of issue of a European order, exceeds the upper limit of the statutory threat, the court shall determine the enforceable execution of the sentence or measure by Polish law, at the height of the corresponding upper limit the statutory risk, taking into account the period of actual imprisonment abroad and the penalty or measure taken there. If no documents or information necessary for the execution of the sentence on the territory of the Republic of Poland are attached to the European order, the court shall postpone the meeting and request the competent authority of the State to issue a European order for a request for a request such documents or information.
§ 5. Execution of the sentence is carried out according to the provisions of Polish law The provisions of Chapter 66g shall apply mutatis mutandis, with the exception of Article 4. 611tg, art. 611ti § 2 and 3, art. 611tk, art. 611tm, art. 611to § 2 and art. 611tp.
Art. 607t. [ Transfer conditions] § 1. If a European order has been issued for the purpose of prosecuting a person who is a Polish citizen or uses in the Republic of Poland from the right of asylum, the transfer may take place provided that the person is sent back to the territory of the Republic of Poland Polish after the final proceedings in the State of issue of the European order, if the person expresses consent to that.
§ 2. Where the person referred to in paragraph 1 is sentenced to a custodial sentence or a decision of another measure involving deprivation of liberty, the provisions of Article 1 shall apply mutatis mutandis. 607s § 3-5.
Art. 607u. [ Participation of the prosecuted person in the proceedings] If the European order has been issued for the execution of a sentence or measure involving deprivation of liberty, which has been ordered under the conditions laid down in Article 4 (1), 607r § 3 lit. c, a prosecuted person should be instructed about the right to request a write-off of the decision. Information on the request for a copy of the decision shall be transmitted immediately to the issuing State of the European order and, upon receipt of the decision, shall be notified to the person who is being prosecuted. The request does not stop the execution of the European order.
Art. 607w. [ Implementation of the European order] If the European order concerns a non-Polish person, the fact that the act is not a criminal offence under Polish law shall not prevent the execution of a European order in so far as it relates to an act at risk in the State of origin of the act. at least three years of imprisonment or an act for which at least another measure of deprivation of liberty which is a criminal offence may be decided upon at least in the same dimension:
1) participation in an organised group or a connection with the aim of committing crimes;
2) of a terrorist nature;
3. trafficking in human beings;
4) against sexual freedom or customs for the harm of minors;
5) the illicit manufacture, processing, smuggling of narcotic drugs, precursors, surrogate agents or psychotropic substances or marketing them;
6. illicit trafficking in arms, munitions, explosives or radioactive materials;
7) bribery and paid prosthetism;
8) deceit;
9) the placing on the market of financial property values originating from illegal or undisclosed sources;
10. counterfeiting and the marketing of counterfeit money or other means of payment;
11) against the protection of the data collected, stored, processed or transmitted in an information system;
(12) against the environment, including illicit traffic in endangered species of animals and plants;
13) to grant aid in the illegal crossing of the border or stay;
14) killings;
15) causing grievant bodily harm;
16) illicit trafficking in human organs and tissues;
17) unlawful deprivation of man of liberty;
18) abduction of man for ransom;
19) take or hold the hostage;
20) committed for nationality, ethnic, racial or religious grounds or because of the unbelief;
21) armed with the use of firearms or threats to their use;
22) extortion of the fighting with the use of firearms or the threat of its use;
23. illicit trafficking in cultural goods;
24) the misappropriation of other people's property;
25. counterfeiting and the marketing of counterfeit products;
26) falsifying and trading falsified documents;
27) illicit trafficking in hormones or similar substances;
28. the turnover of the stolen motor vehicles;
29) rape;
30) arson;
31) belonging to the jurisdiction of the International Criminal Court;
32) the hijacking of the vessel or aircraft;
33) sabotage.
Art. 607wa. [ Seizure and transmission of evidence and objects of crime] § 1. The competent court or the prosecutor shall, at the request of the judicial authority of the issuing State, make the seizure and transfer of items directly derived from crime, objects which have served or have been intended to commit a criminal offence, or which may provide evidence of items, correspondence, consignments, telecommunication or other communications or data stored in an information system or media, including correspondence sent by mail e-mail.
§ 2. The presentation and transmission of the evidence and objects referred to in paragraph 1 must also be carried out when the execution of the European order is not possible due to the death or escape of a person being prosecuted.
§ 3. When transferring the objects referred to in § 1, you may reserve their return, in particular when they are subject to the return of the victim or other authorized body residing in the territory of the Republic of Poland.
§ 4. The provisions of Chapter 62b shall apply mutatis mutandis.
Article 607x. [ Cumulative recognition of European warrants] § 1. If, prior to the adoption of a first instance, the provisions on the transfer are affected by a European order relating to the same person, issued by a judicial authority of another Member State of the European Union, the court shall recognise the two European orders Total. The court shall take into account the circumstances of each case, the gravity of the offence and the place where it is committed, the order in which the European orders are issued, and their objectives, to be taken into account by the court of the European Union.
(2) If a further European order relating to the same person is affected after the adoption of the previous European order in the first instance, the court shall depart from the subsequent European order until such time as it becomes eligible for the right to do so. provisions.
§ 3. In the event of an appeal by the court of appeal of the order referred to in paragraph 2 and of the transfer of the European order to the retrial in the first instance, the provisions of paragraph 1 shall apply mutatis mutandis.
Art. 607y. [ Closure of proceedings concerning the European order] § 1. If, in respect of the same person, the European order and the application for a foreign state are affected, the court shall, after hearing the European order, give a ruling on the admissibility of its enforcement and shall suspend the proceedings and inform the person concerned of the contents of the proceedings. provisions of the Minister of Justice.
If the Minister of Justice decides to give a European order to a foreigner, the proceedings for a European order shall be taken to be terminated. In the event of refusal of the court, the court shall take the suspended proceedings and issue a decision on the transfer.
Article 607z. [ Addendum to information] § 1. If the information provided by the issuing State of the European order does not suffice to decide on the transfer of the person prosecuted, the court shall invite the judicial authority which issued the European order to complete it within the prescribed period.
§ 2. In the event of failure to meet the time limit referred to in paragraph 1, the European order shall be subject to recognition on the basis of the information provided previously.
Art. 607za. [ Court of First Instance for the examination of the request for consent to prosecute] § 1. Request of the competent judicial authority of the issuing State for a European order for consent to prosecute or execute custodial sentences or deprivation of liberty for acts committed prior to the transfer or for consent to further surrender the prosecuted person is considering the district court, which has ruled on the transfer. The provisions of Article 4 607b, 607p, 607r, 607s § 1 and 2 and art. 607z shall apply mutatis mutandis.
§ 2. On the application referred to in § 1, the court shall decide within 30 days from the date of receipt of the application.
Art. 607zb. [ Permits for the carriage of a person being prosecuted] § 1. At the request of the executing State, the European Minister of Justice shall authorise the carriage of a person prosecuted under the European order through the territory of the Republic of Poland.
§ 2. Application for a permit for the carriage referred to in § 1 shall contain:
1. the designation of the applicant authority;
(2) the date and place of issue of the European order;
3) data specifying the identity and nationality of the person being prosecuted;
4) the citation of the description and the legal qualification of the act;
5) a concise description of the facts of the case.
§ 3. If the person pursued is a Polish citizen or uses in the Republic of Poland from the right of asylum, the permit referred to in § 1 may be issued on condition that the person after the termination of the proceedings will be transferred to the execution of the sentence of deprivation the freedom or the measure involving deprivation of liberty in the territory of the Republic of Poland.
§ 4. In the event of using an air route without a planned landing, you may be asked to notify the Minister of Justice about the carriage of a person pursued over the territory of the Republic of Poland. However, if an unforeseen landing occurs, the executing State of the European order shall provide the data referred to in paragraph 2 immediately; the provisions of paragraph 3 shall apply mutatis mutandis.
Art. 607zc. [ Forwarding of an order to the competent judicial authority] If the court to which the European order has been directed is not competent to give it the course, it shall forward it to the competent judicial authority and shall inform the judicial authority which issued it.
Chapter 65c
Occurrence to a Member State of the European Union for the enforcement of a preventive measure
Art. 607zd. [ Occurrence of enforcement of the decision] § 1. In the event of a decision by the Polish court or prosecutor of the preventive measure specified in Art. 272, art. 275, art. 275a or art. 276 and if this ensures the correct tok of the proceedings, the court or prosecutor may request the enforcement of this decision to the competent court or other body of a Member State of the European Union, referred to in this Chapter " the executing State the judgment " in which the accused has a lawful permanent residence if he or she is staying in that State or declares that he intends to return there.
§ 2. The occurrence referred to in § 1 may be, at the request of the accused, also addressed to a Member State other than the State of the legal permanent residence of the accused, with the consent of the competent court or other body of that State.
§ 3. The occurrence referred to in paragraph 1 shall be addressed by a court or prosecutor only to one State of enforcement of the decision. A reoccurrence to another State of enforcement may take place only in the event of a failure to execute or a partial execution of the decision.
§ 4. A certificate containing information enabling it to be properly carried out on the basis of the decision, the person of the accused, the preventive measure and the qualification, shall be accompanied by a certificate of conformity with the original of the written decision referred to in paragraph 1. legal act.
§ 5. The certificate shall be translated into the official language of the executing State or to another language indicated by that State.
§ 6. The transmission of the write-off of the decision and the certificate referred to in paragraph 4 may also be carried out by means of an automatic data transfer device, in such a way as to enable the authenticity of such documents to be authenticated. At the request of the competent court or other authority of the executing State, the court or prosecutor shall provide a copy of the decision and the original of the certificate.
§ 7. In the event of difficulties in determining the competent court or other authority of the executing State, the court or prosecutor may also refer to the competent organisational units of the European Judicial Network.
§ 8. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 4, having regard to the need to make available to the State the decision of all the necessary information enabling it to take a proper decision in the the implementation of the decision.
Article 607ze. [ Executing and adaptation of the preventive measure] § 1. Until the moment of receipt of the information on the acquisition of the enforcement of the decision referred to in Article 607zd § 1, by the competent court or other authority of the executing State of the decision, and in the event of receipt of information about the impossibility or refusal of enforcement of the decision by the competent court or other authority of the executing State of the decision, of the termination of its the exercise of the implementation by that authority and, in the event of the withdrawal of the preventive measure, it shall continue to be carried out by the competent authority.
§ 2. In the event of receipt of information on the adjustment of the preventive measure to the law of the executing State and prior to the execution of that measure in that State, the court or prosecutor within 10 days from the date of receipt of the information may withdraw the occurrence, referred to in art. 607zd § 1, bearing in mind the objectives of the measure.
Art. 607zf. [ Notice of amendment or repeal of the preventive measure] § 1. In the event of a change or repeal of a preventive measure or a change in the obligations imposed on the accused court or prosecutor, it shall immediately inform the competent court or other authority of the executing State.
§ 2. The notification referred to in paragraph 1 may also be transmitted by means of automatic data transmission devices, in such a way as to enable the authenticity of the documents to be authenticated.
Art. 607zg. [ The indisputability of the court or prosecutor's order] The order of the court or of the prosecutor on the occurrence of the decision of the competent court or of any other body of the State of enforcement of the decision shall not be granted.
Chapter 65d
Occurrence of a Member State of the European Union for enforcement of a decision rendered in order to ensure the proper working of
Art. 607zh. [ Forwarding of the decision to the competent body] § 1. In the event of a Member State of the European Union, referred to in this Chapter, 'the State of the judgment', the enforcement of a decision rendered in order to ensure the correct course of the proceedings and to impose a person against whom, in that regard, the State shall be subject to criminal proceedings, an obligation to:
1) to present to a particular authority,
2) refrain from leaving the place of stay or country,
3) to inform the specified authority about the change of the place of stay or to obtain consent for such change,
4) stay or refrain from being present in specific environments or places,
5) to refrain from contacts with specified persons or to approach specific persons,
6) refrain from carrying out activities or profession,
7) refrain from a particular activity,
8) refrain from carrying out specific types of vehicles
-this judgment shall be enforceable by the procurator of the competent local authority on the grounds of the lawful permanent residence of that person.
§ 2. The decision referred to in paragraph 1 or the copy of the decision certified for conformity with the original shall be accompanied by a certificate containing information enabling it to be properly implemented.
§ 3. If the prosecutor to whom the speech is addressed is not competent to give him the run, he shall forward it to the competent public prosecutor and shall inform the competent court or other authority of the issuing State of the decision.
§ 4. At the request of the competent court or other authority of the State of origin of the decision, the procurator may consent to the execution of the decision referred to in § 1, issued against the person referred to in that section, without legal permanent residence on the the territory of the Republic of Poland, if it is more likely to provide the correct tok of proceedings.
§ 5. If the provisions of this Chapter do not provide otherwise, the provisions of Polish law shall apply in the enforcement of the decisions referred to in § 1.
Art. 607zi. [ Call to complete the information needed to make a decision] § 1. If the State of the decision has not provided all the information necessary for a decision on the enforcement of the decision, the prosecutor shall invite the competent court or other authority of the State to make a decision to complete it within the prescribed period. In the event of failure to comply with the time limit, the decision on the enforcement of the decision shall be based on the information held.
§ 2. If the nature or method of performance of the duties is unknown to the Act, the procurator shall determine the measure or the obligation under Polish law, taking into account the differences in the benefit of the person against whom the State of the ruling is conducted Karne.
Art. 607zj. [ The date of application of the order for enforcement of the decision] § 1. Order in respect of the enforcement of the decision referred to in Article 607zh § 1, the prosecutor shall issue within 30 days from the date of receipt of the decision together with the certificate.
§ 2. On the order of the prosecutor in respect of the enforcement of the decision referred to in art. 607zh § 1, is entitled to complaint to the district court, in which the person against whom a criminal proceedings is being held in the State of the decision has a legal permanent residence. The court recognizes the complaint at the meeting, in which it is entitled to take part in the prosecutor's office, the person mentioned in the first sentence, if he is staying in the territory of the Republic of Poland, and her defender, if he is standing up for him. If the person mentioned in the first sentence is not in the territory of the Republic of Poland and does not have a defense counsel, the President of the court competent to recognize the complaint may appoint a defender of the office.
§ 3. The proceedings for the enforcement of the decision shall be terminated by final decision within 60 days of the date of receipt of the decision and the certificate.
§ 4. Where the time limit referred to in paragraph 3 cannot be complied with, the competent court or other authority of the issuing State must be notified of the reason for the delay and shall state the time limit for the decision to be taken.
§ 5. The procurator shall immediately proceed to execute the decision of the competent court or other authority of the issuing State.
Art. 607zk. [ Refusal of enforcement] § 1. The enforcement of the decision referred to in Article 4 shall be refused. 607zh § 1, if:
1) the act, in connection with which the preventive measure was applied, does not constitute a crime under Polish law;
2) the person against whom in the State of the ruling is a criminal proceedings is not present in the territory of the Republic of Poland, unless there are grounds for recognition that they will return to them.
§ 2. The provision of § 1 point 1 shall not apply if the act does not constitute a criminal offence due to lack or disparate regulation in the Polish law of the relevant fees, taxes, duties or rules of foreign exchange trading.
§ 3. The execution of the decision referred to in Article 4 may be refused. 607zh § 1, if:
1) despite the call by the prosecutor to supplement the information within the indicated period of time for the decision, no certificate referred to in art has been attached. 607zh § 2, either the certificate is incomplete or manifestly incompatible with the content of the decision;
2. the decision to be carried out shall refer to the same act of the same person as to whom the criminal proceedings have been lawfully completed in a Member State of the European Union and that person is punishable or held or punishable shall not be carried out according to the law of the State in which the conviction has been passed;
3) according to Polish law the execution of the sentence has expired, and the offence to which it applies was subject to the jurisdiction of the Polish courts;
4) the ruling relates to a crime which, according to Polish law, was committed in whole or in part on the territory of the Republic of Poland, as well as on the Polish water or air ship;
5) the person against whom in the State of the ruling is a criminal proceedings is conducted, because of the age shall not be borne by the law of Polish criminal liability for the act upon which the decision is based;
6) the person against whom in the State of the ruling is a criminal proceedings shall enjoy the immunity, according to which it is impossible to supervising the compliance with the obligations imposed;
7. the judgment shall apply only to obligations other than those laid down in the Article. 607zh § 1;
(8) the decision was passed despite the failure to comply with the conditions laid down in the Article 607zh § 4;
9) the offence to which the ruling relates, in the case of the jurisdiction of the Polish criminal courts, would be subject to a donation under amnesty;
10) despite the non-application of the person against whom in the State of the ruling a criminal proceedings is conducted, to the requirements laid down in the ruling it is not possible to transfer it from the territory of the Republic of Poland on the basis of the European an arrest warrant.
§ 4. In the case referred to in paragraph 3 (10), where a particular consideration is given, the public prosecutor shall, in agreement with the competent court or other authority of the State of origin of the decision, rule on the execution of the decision.
§ 5. In the cases provided for in § 1 (2) and § 3 (1), (2) and (7), the prosecutor shall, before taking a decision on the execution of the decision, inform the competent court or other authority of the issuing State of the possibility of refusing enforcement.
Art. 607zl. [ A determination to discontinue the decision] § 1. In the event of receipt from the competent court or other authority of the State of the decision of the decision that the decision submitted for execution is not subject to further enforcement, the prosecutor shall immediately issue a decision to discontinue the enforcement of the decision.
§ 2. If the subsequent execution of the decision is not possible for reasons of fact or law, the prosecutor shall immediately issue a decision to discontinue the enforcement of the decision and notify the competent court or other authority of the state of the ruling.
§ 3. In the event of receipt from the competent court or other authority of the State of issuing a decision of the information on the amendment of the obligation imposed on the person against which in the State of the judgment the criminal proceedings are being conducted, the prosecutor shall recognize the case the implementation of the amended decision on the principles set out in this Chapter. Article Article 607zk shall not apply except in the case of Paragraph 1 (2) and § 3 (7).
Art. 607zm. [ Notification of the contents of the decision on the enforcement of the decision] § 1. The content of the order in respect of the enforcement of the decision referred to in Article 607zh § 1, on the introduction of an appeal against that order, of the relevant rulings of the proceedings, as well as in the event of a change in the legal permanent residence of the person against whom in the State of the ruling the competent court or other authority of the issuing State shall immediately inform the competent court or authority of the decision.
§ 2. The procurator shall immediately inform the competent court or other authority of the state of the decision of any circumstances affecting its execution. The notification shall take place in the form of a certificate containing information relating to the person referred to in paragraph 1 and the breach of the obligation.
§ 3. In the event of a cessation of the reasons for which an obligation has been applied, or for reasons of reasons justifying its repeal or amendment, the prosecutor may request the competent court or other authority of the State to give a decision on its repeal or change.
§ 4. The notifications referred to in paragraphs 1 and 2 and the occurrence referred to in paragraph 3 may also be communicated using the automatic data transmission devices, in such a way as to enable the authenticity of the documents to be verified.
§ 5. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 2, having regard to the need to make available to the State a decision of all the necessary information enabling it to decide on a proper decision.
Article 607zn. [ The entity bearing the costs associated with the enforcement of the decision] Costs related to the enforcement of the decision referred to in art. 607zh § 1, shall be borne by the State Treasury.
Chapter 66
Taking over and transfer of decisions to be taken
Article 608. [ Application for a takeover convicted in order to execute the sentence] § 1. In the event of a final conviction of a Polish citizen by a court of a foreign state to the sentence of imprisonment subject to execution or a final decision against a citizen of the Polish measure of deprivation of liberty, the Minister of Justice may request the competent authority of that State to take over the convicted person or the person against whom the measure has been adjudicated, in order to execute a custodial sentence or a measure in the Republic of Poland.
§ 2. In the event of a final conviction by a court of a foreign country of a Polish citizen, a person having a habitual residence, having property or pursuing a professional activity in the territory of the Republic of Poland, for a fine or in the case of a final the prohibition of occupying a certain position, pursuit of a particular profession or pursuit of a certain economic activity, prohibition of driving, forfeiture or detention of a non-depriving freedom, the Minister of Justice can apply to the competent authority of this countries with a request to take over the decision to be executed in the Republic of Poland.
§ 3. Before the occurrence of the application referred to in § 1 or 2, the Minister of Justice shall request the competent court to issue an order on the admissibility of the acquisition of the decision to be executed in the Republic of Poland.
Article 609. [ The court's decision on the admissibility of the acquisition of the decision to be executed in Poland] § 1. In the event of receipt of a request by a foreign state for enforcement against a Polish citizen or a person having the place of permanent residence in the territory of the Republic of Poland by a final custodial sentence or a deprivation of liberty freedom, the Minister of Justice shall request the competent court to issue an order on the admissibility of taking over the decision to be executed on the territory of the Republic of Poland.
§ 2. In the event of receipt of a request by a foreign country for enforcement against a Polish citizen, a person who has a habitual residence, having property or professional activity in the Republic of Poland, legally valid for a fine, prohibition of occupations a specific position, pursuit of a particular profession or pursuit of a certain economic activity, prohibition of driving, forfeiture or detention of a non-custodial, Minister of Justice shall be returned to the to the competent court for a decision on the application admissibility of the acquisition of a decision to be executed in the Republic
§ 3. If the decision, the application of which concerns, is not final or the person covered by the application specified in § 1 is not a Polish citizen or does not have on the territory of the Republic of Poland the place of permanent residence, the Minister of Justice shall return the application.
Article 610. [ Application for a takeover convicted for the purpose of serving a sentence] § 1. In the event of a final conviction of a foreigner by a Polish court on a custodial sentence subject to the execution of or a final decision against him of a measure involving deprivation of liberty, the Minister of Justice may apply to the competent the authority of the State whose convictions or the person in respect of which the measure has been adjudicated is a national, with a request to take over for the purpose of serving a sentence or a measure.
§ 2. Before the application referred to in § 1, the Minister of Justice shall request the competent court to issue an order on the admissibility of the transfer of the decision to be executed abroad.
§ 3. In the event of receipt of a request by a foreign state to take over the foreigner who is legally sentenced by a Polish court to a sentence of imprisonment subject to enforcement or to which the measure of deprivation of liberty has been adjudicated, the Minister It shall be referred to the competent court for the decision on the admissibility of the transfer of a decision to be executed abroad.
§ 4. In the event of a final conviction by a Polish court of a person having his or her habitual residence abroad or having a property or a professional activity abroad for a fine or a final judgment against it, the occupying of the specified positions, pursuit of a particular profession or pursuit of a certain economic activity, prohibition of driving, forfeiture or detention of a non-custodial court, a court or tribunal competent to execute a sentence or measure may occur through the Minister of Justice to the competent authority the State in whose territory the convicted or the person in respect of whom the measure has been adjudicated is resident, has property or is engaged in an activity with a request for enforcement of the decision.
§ 5. In the event of receipt of a request by a foreign country to take over for the execution of a final conviction by a court of Poland of a person having his or her habitual residence in that State or having a property or a professional activity in that country for a fine or a final decision on the prohibition of occupying a certain position, prohibiting the pursuit of a particular profession or pursuing a certain economic activity, prohibition of driving, forfeiture or insecurity of a non-reliant at the deprivation of liberty, the Minister of Justice shall return to the right an order for the admissibility of the transfer of a decision to be executed abroad.
Article 611. [ Court of First Instance on the applications] § 1. Competent to identify the matters referred to in Article 4. 608 § 3 in conjunction with § 1 and Art. 609 § 1 is the district court, in which the convicted district has recently resided or temporarily resided.
§ 2. competent to identify the matters referred to in Article 2. 608 § 3 in conjunction with § 2, art. 609 § 2 and art. 610 § 5 is the district court in which the convicted district has resided or temporarily resided, and if it has not been established, where the property is suitable for execution or is convicted of an activity covered by the prohibition.
§ 3. Competent to identify the matters referred to in Article 4. 610 § 2 and 3 is the district court, the district of which has been issued a judgment, the application of which concerns.
§ 4. If the property cannot be determined according to the rules laid down in § 1, the case recognizes the District Court in Warsaw.
§ 5. If the property cannot be determined according to the rules laid down in § 2, the case recognizes the court competent for the district of Śródmieście commune of Warsaw-Centrum.
Art. 611a. [ Procedure mode] § 1. The court recognizes the case of the admissibility of the acquisition or the transfer of the decision to be executed at the meeting, in which it is entitled to take part of the prosecutor and sentenced, if he is staying in the territory of the Republic of Poland, and the defender of the convicted, if does not stand. If a convicted person who is not in the territory of the Republic of Poland does not have a defense counsel, the President of the court competent to recognize the case may appoint him a defender from office.
§ 2. If the data contained in the application is insufficient, the court may order them to supplement them. For this purpose, the court may postpone the diagnosis of the case.
§ 3. If the court has issued a decision on the inadmissibility of the acquisition or the transfer of a decision to be executed, the transfer or transfer shall not be
§ 4. In the case referred to in Article 610 § 4 the court shall issue a decision on the application to the foreign authority of the State to take over the decision to be executed.
§ 5. The order of the court on the taking over or the transfer of the decision to exercise shall be entitled to a complaint.
§ 6. If the proceedings concern the acquisition of a decision to be executed, the court may rule a preventative measure.
Art. 611b. [ The inadmissibility of the acquisition and transmission of the decision to be executed § 1. The acquisition of a decision to perform in the Republic of Poland shall be inadmissible if:
1) the judgment is not final or non-enforctively enforctive;
2) execution of the decision could infringe upon the sovereignty, security or legal order of the Republic of Poland;
(3) a custodial sentence or a person against whom a measure of deprivation of liberty has been adjudicated does not consent to the seizure;
4) sentenced to a fine or to whom the forfeiture of forfeiture, not residing permanently in the territory of the Republic of Poland, does not possess property in its territory;
5) the act indicated in the application shall not constitute an act prohibited under Polish law;
(6) the circumstances referred to in Article 6 are met. 604 § 1 points 2, 3 and 5.
§ 2. The transfer of a decision to be executed in a foreign country shall be inadmissible if:
1) the judgment is not final or non-enforctively enforctive;
(2) a custodial sentence or a person against whom a measure of deprivation of liberty has been ordered does not consent to the transfer;
3. sentenced to imprisonment or the person against whom the measure of deprivation of liberty is adjudicated shall be the person referred to in art. 604 § 1 point 1;
4. the circumstances referred to in Article 4 shall be maintained. 604 (1) (3) and (5).
Art. 611c. [ Determination of legal qualifications of deeds and penalties] § 1. After the decision to execute the court determines the legal qualification of the act according to the Polish law and the penalty and the measure subject to execution.
§ 2. In determining the penalty or the measure to be executed, the court shall apply the provision of the art. 114 § 4 of the Criminal Code.
§ 3. In determining the amount of the fine, the court shall deduct the amount of the fine or the amount of the fine or the amount of the daily rate, determined in foreign currency, at the rate of the average currencies determined by the National Bank of Poland at the date of the ruling in of a foreign country. Where a fine is imposed on quota, the amount of the fine shall not exceed the product of the daily rate and the daily rate.
§ 4. The court recognizes the case at the meeting. The provisions of Article 4 352 and 611a (1) and (5) shall apply mutatis mutandis.
Art. 611d. [ Property Protection] § 1. If, in the course of the proceedings, the circumstances justify the issue of a financial security decision in respect of the forfeiture of objects or property which confers an advantage on the offence, those objects or objects shall be taken into account in the course of the proceedings. the components of this property are located in the territory of a foreign state, the court, and in the preparatory proceedings of the prosecutor, may occur through the Minister of Justice to the competent authority of that State for the protection of objects or property endangered.
§ 2. If the body of a foreign country asks for the execution of a final decision on the security of property, when the property subject to security is situated within the territory of the Republic of Poland, the competent to implement the decision is the district court or the prosecutor in whose district the property is located.
Art. 611e. [ Relevant application of the provisions] If the convicted or final judgment of the measure has been convicted, he shall leave the territory of the State of conviction by acting in the territory of the State of which he is a national, before the case-law is held, or before it is executed. The measure, the provisions of this Chapter shall apply mutatis mutandis. Art. 611b § 1 point 3 and § 2 (2) shall not apply.
Art. 611f. [ Acquisition or transfer to the enforcement of decisions on monetary penalties] The provisions of this Chapter shall apply mutatis mutandis to the taking over or the transfer to enforcement of decisions on monetary penalties.
Chapter 66a
Application to a Member State of the European Union for a decision on a fine, alluding, cash or judgement from the perpetrator of the costs of the trial
Art. 611fa. [ Occurrence to the State of enforcement of the decision] § 1. In the event of a final judgment by a Polish court against a Polish citizen or a foreigner of a fine, a reference, a cash benefit or an ambush from the perpetrator of the costs of the trial the court may apply for its execution directly to the competent court or another a body of a Member State of the European Union, referred to in this Chapter, 'the executing State', in which the perpetrator has property or income or has a fixed or temporary residence.
§ 2. The occurrence referred to in § 1 shall, in each case, refer only to one State of enforcement of the decision. A reoccurrence to another State of enforcement may take place only in the event of a failure to execute or a partial execution of the decision.
§ 3. A certificate containing all relevant information enabling it to be properly carried out shall be accompanied by a certificate of conformity with the original of the written copy of the decision referred to in paragraph 1.
§ 4. The certificate shall be translated into the official language of the executing State or to another language indicated by that State.
§ 5. The transmission of the write-off of the decision and the certificate referred to in paragraph 3 may also be made by means of automatic data transmission facilities, in such a way as to enable the authenticity of such documents to be authenticated. At the request of the competent court or other body of the executing State, the court shall forward a copy of the decision and the original of the certificate.
§ 6. In the event of difficulties in establishing the competent court or other authority of the executing State, the court may also refer to the competent organisational units of the European Judicial Network.
§ 7. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 3, including the details of the decision to be carried out, including information on each payment made against the case-law, the criminal measure, the compensatory measure or the cost of the process and of any possible consent to the conversion of the fine to socially useful work, the execution of a replacement custodial sentence or other measure, having regard to the need to make provision for the State to be made available to the State the execution of a decision of any necessary information enabling the correct decision on the enforcement of the decision.
Art. 611fb. [ Breakdown of amounts from executions] § 1. Amounts obtained from the enforcement of the decisions referred to in Article 611fa § 1, shall be the execution of the decision.
§ 2. The Minister of Justice may conclude with the relevant authority of the executing State the agreement providing for the distribution of the amounts obtained from the enforcement of the decisions referred to in § 1.
§ 3. In the event of the conclusion of the agreement referred to in § 2, the court shall invite the competent court or other authority of the executing State to transfer all or part of the enforceable amount to the bank account of that court or the bank account of another designated entity. The amount transferred to the court from the execution of a criminal measure or a compensatory measure for the benefit of the victim or other person entitled or indicated in the judgment of the institution, association, foundation or social organisation shall then be forwarded to that person or entity.
Art. 611fc. [ Implementation of the decision] § 1. In the event of enforcement of the decision referred to in art. 611fa § 1, the enforcement proceedings shall be suspended.
§ 2. Upon receipt of the information on the execution of the decision, the court shall take the suspended proceedings and die. The proceedings shall also be terminated if the perpetrator has been taken in another Member State and a final judgment has been made in respect of the same act.
§ 3. In the event of receipt of information on the impossibility of executing the decision in whole or in part for reasons other than those indicated in the second sentence of § 2, the court shall take the suspended proceedings in order to carry out its further
Art. 611fd. [ Enforcement of the judgment] § 1. In the event of the annulment of the decision due to a cassation or a resumption of proceedings, the giving of a penalty, the limitation of its execution or, in the event of other circumstances, the impossibility of enforcing the decision referred to in Article 611fa § 1, the court shall immediately inform the competent court or other authority of the executing State of the decision.
The Tribunal shall immediately inform the competent court or other authority of the executing State of any payment made against the case-law, the criminal measures, the compensatory measures or the costs of the process referred to in Article 4. 611fa § 1, as well as the case-law of forfeiture.
Art. 611fe. [ Recognition of the case for the State of enforcement of the decision] The Tribunal shall recognize the case to the competent court or other body of the executing State of the decision at the meeting in which it is entitled to take part in the prosecutor, the victim or any other person or entity entitled, referred to in art. 611fb § 3, the perpetrator, if he is staying in the territory of the Republic of Poland and his defender, if he is standing up to it. The decision of the court of appeal shall not be entitled.
Chapter 66b
Occurrence of a Member State of the European Union for a decision on penalties of a monetary character
Art. 611ff. [ Speech to the State of the judgment] § 1. In the event of a Member State of the European Union, referred to in this Chapter, 'the State of the judgment', the execution of a final decision on penalties of a monetary character shall be enforced by the district court, the circle of which the perpetrator has property or income reaches, or has a permanent or temporary residence. Within the meaning of the provisions of this Chapter, 'a monetary penalty' shall be the obligation of the perpetrator to pay the following:
1) the amount of money as a penalty for the crime committed;
(2) redress for the benefit of the victim, if he has not been able to pursue civil claims within the framework of criminal proceedings;
3) the amount of money to be paid to the public fund or to the organization of assistance to victims of crime
4) the cost of the process.
§ 2. The decision referred to in paragraph 1 or the copy of the decision certified for conformity with the original shall be accompanied by a certificate containing all relevant information enabling it to be properly implemented.
§ 3. The court or other body of the State of origin of the decision shall proceed without delay.
§ 4. If the court to which the decision is addressed is not competent to give it the right to run, it shall forward it to the competent court and shall inform the competent court or other authority of the issuing State thereof.
§ 5. If the judgment referred to in § 1 relates to acts which have not been committed in the territory of the State of the decision and are subject to the jurisdiction of the Polish courts, the court may decide to reduce the amount of the subject of enforcement of the sentence of a nature cash up to the maximum amount of a penalty or a criminal measure that could be pronounced for the same acts according to Polish law.
§ 6. If the provisions of this Chapter do not provide otherwise, the provisions of Polish law shall apply in the enforcement of the decisions referred to in § 1. Article Recipe 611c § 3 shall apply mutatis mutandis.
Art. 611fg. [ Refusal of enforcement] The execution of the decision referred to in Article 4 may be refused. 611ff § 1 if:
1) the act in connection with which the decision was issued shall not constitute a criminal offence under Polish law, unless under the law of the State of the ruling it is a criminal offence mentioned in Art. 607w or in accordance with the law of the state issue of the ruling is a crime:
(a) committed with the use of violence on a person or a death penalty,
(b) committed in connection with a mass event,
(c) against the security of communication,
(d) theft,
(e) destruction or damage to property,
(f) smuggling of goods,
(g) against intellectual property rights,
(h) to be determined for the implementation of legal acts adopted by the competent institutions of the European Union to lay down sanctions in the internal law of the Member States, but only within the limits under which the obligation is to be imposed on the has been specified in those acts;
2. the certificate referred to in Article 4 (1) shall not be attached to the decision. 611ff § 2, either the certificate is incomplete or manifestly incompatible with the content of the decision;
3. the judgment given for execution concerns the same act of the same person as to which the criminal proceedings have been lawfully completed in the Member State and the judgment in respect of the penalty of a pecuniary nature has been executed;
4) according to Polish law the execution of the sentence has expired, and the offences concerned have been subject to the jurisdiction of the Polish courts;
5) the ruling relates to crimes which, according to Polish law, were committed in whole or in part on the territory of the Republic of Poland, as well as on the Polish ship or air;
6) the ruling relates to crimes committed outside the territory of the state of the ruling, and the Polish law does not permit the prosecution of such a criminal offence, if they were committed outside the territory of the Republic of Poland;
7) the perpetrator is not subject to the jurisdiction of the Polish criminal courts, or there is a lack of the required authorization to prosecute him;
8) the person concerned by the decision, due to the age shall not be held under the law of Polish criminal liability for the acts constituting the basis of the ruling;
9) of the content of the certificate referred to in art. 611ff § 2, it follows that the person concerned has not been duly informed of the possibility and right to challenge that judgment;
10) from the content of the certificate referred to in art. 611ff § 2, it follows that the judgment has been issued in the absence of the perpetrator, unless:
(a) the offender has been called upon to participate or otherwise has been informed of the time and place of the hearing or of the meeting, instructing that the absence of the proceedings does not constitute an obstacle to the judgment or the perpetrator has had a defender who was present at the time of the hearing. hearing or meeting,
(b) after service of the offender's copy of the decision, together with an instruction on the right to him, the time limit and the manner in which the order for the application for a new legal proceedings in the same case is lodged in the issuing State, the perpetrator in the law the deadline has not submitted such a request or has stated that it does not contest the decision;
11) the offence to which the ruling relates, in the case of the jurisdiction of the Polish criminal courts, is subject to a donation under amnesty;
12) the judgment concerns a penalty of a monetary character of less than 70 euro or less than the equivalent of that amount in another currency.
Art. 611fh. [ Recognition of the enforcement of the decision] § 1. The court recognizes the case of execution of the decision on penalties of a monetary character at the meeting, in which it is entitled to take part of the prosecutor, the perpetrator, if he is staying in the territory of the Republic of Poland, and his defender, if he becomes a staffer. If the perpetrator, who is not in the territory of the Republic of Poland, does not have a defense counsel, the President of the court competent to recognize the case may appoint him a defender from office.
(2) The decision on the execution of a decision on penalties of a pecuniary nature shall be entitled to a complaint.
§ 3. The final judgment on penalties of a monetary character, accompanied by the certificate referred to in Article 4 611ff § 2, constitutes an enforceable title and shall be enforceable in the Republic of Poland after the issuance of the order of its execution.
§ 4. If the information provided by the State of the decision is not sufficient to decide on the execution of a decision on penalties of a monetary character, the court shall invite the competent court or other authority of the State to issue a decision on the application of a decision on a financial basis. completion within the prescribed period.
§ 5. In the event of failure to comply with the time limit referred to in paragraph 4, the decision on the enforcement of the decision shall be based on the information provided previously.
Art. 611fi. [ Breakdown of amounts resulting from enforcement] § 1. Amount obtained from the execution of the decision referred to in Article 611ff § 1, constitutes the revenue of the State budget.
§ 2. The Minister of Justice may conclude an agreement with the competent authority of the State providing for a breakdown of the amounts resulting from the enforcement of the decision referred to in § 1.
§ 3. In the event of the conclusion of the agreement referred to in paragraph 2, the court shall, at the request of the competent court or other body of the state of origin of the decision, transmit all or part of the amount obtained from the enforcement of the decision, in accordance with the agreement.
Art. 611fj. [ Confirmation of payment made] § 1. If the perpetrator or other person provides proof of payment in whole or in part of the penalties of a pecuniary nature, as referred to in the enforcing judgment, the court shall, prior to the adoption of the order in respect of the enforcement of that decision, call upon the competent the court or other authority of the State of origin of the decision to confirm the payment made.
§ 2. The amounts previously obtained by way of the sentence in the issuing State or the execution of the decision shall be deducted from the amount to be enforced.
Art. 611fk. [ Closure of executive proceedings] In the event of receipt from the competent court or other authority of the State of the decision that the decision submitted for execution is not subject to further enforcement, the court shall issue a decision without delay for the discontinuance of the enforcement proceedings.
Art. 611fl. [ Notification of the competent court or authority] About the content of the decision on the execution of a decision on penalties of a monetary nature, as well as the termination of enforcement proceedings, and the conversion of a penalty of a monetary nature to a socially useful or substitutable work the custodial sentence, if the Polish law permits such a possibility, shall be notified immediately to the competent court or other authority of the state of the ruling. This notification may also be provided by means of an automatic data transfer device, in such a way as to enable the authenticity of the documents to be authenticated.
Art. 611fm. [ Enforcement costs] Costs related to the enforcement of the decision referred to in art. 611ff § 1, shall be borne by the State Treasury.
Chapter 66c
Withdrawal of forfeiture to a Member State of the European Union
Art. 611fn. [ Criteria for the selection of the State to be forfeited] § 1. In the event of a final judgment by a Polish court against a Polish citizen or a foreigner forfeit, the court may apply for its execution directly to the competent court or other body of a Member State of the European Union, referred to in this the chapter "State of enforcement" in which the perpetrator has property or income, and in the event of impossibility, of the State in which he or she has a permanent or temporary residence.
§ 2. The occurrence referred to in § 1 shall, in each case, refer only to one executing State of the decision, subject to § 3 and 4.
§ 3. If the occurrence concerns specific constituents of the property, it may occur to more than one executing State if there is a likelihood that:
1) specified elements of property are in more than one state of enforcement of the decision or in one of many states execution of the decision or
2) the enforcement proceedings will be carried out in more than one state of enforcement of the ruling.
§ 4. If the occurrence concerns an amount of money, it may be directed to more than one executing State of the decision, if the property for which the forfeiture may occur has not been secured by virtue of the provision referred to in Article 589g § 1, or if its value is not sufficient to enforce the monetary amount for which the forfeiture has been adjudicated, or when it speaks for that good of the proceedings.
§ 5. A certificate containing all relevant information enabling it to be properly carried out shall be accompanied by a certificate of conformity with the original of the written copy of the decision referred to in paragraph 1.
§ 6. The certificate shall be translated into the official language of the executing State or to another language indicated by that State.
§ 7. The transmission of the write-off of the decision and the certificate referred to in paragraph 5 may also be made by means of automatic data transmission facilities, in such a way as to enable the authenticity of such documents to be authenticated. At the request of the competent court or other body of the executing State, the court shall forward a copy of the decision and the original of the certificate.
§ 8. In the event of difficulties in establishing the competent court or other authority of the executing State, the court may also refer to the competent organisational units of the European Judicial Network.
§ 9. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 5, including details of the decision to be carried out, including information on any payment made against the case-law. the forfeiture of the monetary amount, the forfeiture of the items or the forfeiture of the property benefit, and of a possible consent to the execution of the forfeiture by payment of its monetary equivalent, of a transfer of property other than that of the money and of substitute forms of forfeiture, bearing in mind the need to provide the State with a decision of all the necessary information enabling it to take a decision on the enforcement of the decision.
Art. 611fo. [ The breakdown of the amount and property obtained from the execution of the forfeiture decision] § 1. If the amount obtained in respect of the execution of the decisions referred to in Article 611fn § 1, exceeds the equivalent of EUR 10 000, the court calls upon the competent court or other authority of the state of enforcement of the decision to transfer half of the resulting amount to the bank account of this court.
§ 2. If the occurrence includes forfeiture of the monetary amount, the court may call upon the competent court or other authority of the executing State of the decision to transfer property other than money, obtained from the execution of the decision covered by the occurrence.
§ 3. The Minister of Justice may conclude an agreement with the competent authority of the executing State on the manner in which the decision of forfeiture is enforced, in particular by providing for a different distribution of the amounts obtained from the enforcement of the decisions referred to in paragraph 1.
§ 4. In the event of the conclusion of the agreement referred to in § 3, the court shall invite the competent court or other authority of the state of enforcement of the decision to transfer all or part of the enforced amount or property other than money, obtained from the enforcement of the decision, in accordance with the Agreement.
Art. 611fp. [ Course of the enforcement procedure for the enforcement of the decision] Application for enforcement of the decision referred to in Article 611fn § 1, does not hold the executive proceedings.
Art. 611fr. [ Impossible execution of the decision of forfeiture] § 1. In the event of the annulment of the decision due to a cassation or a resumption of proceedings, the giving of a penalty, the limitation of its execution or, in the event of other circumstances, the impossibility of enforcing the decision referred to in Article 611fn § 1, the court shall immediately inform the competent court or other authority of the executing State of the decision.
The Tribunal shall immediately inform the competent court or other authority of the executing State of the decision of any amount of money obtained in respect of the enforcement of the decisions referred to in Article 4. 611fn § 1.
Art. 611fs. [ Recognition by the court of the request for the enforcement of the decision of forfeit The court recognizes the case to the competent court or other body of the state of enforcement of the decision at the meeting, in which it is entitled to take part of the prosecutor, the perpetrator, if he is staying in the territory of the Republic of Poland, and his defender, if he/she is on does not stand. The decision of the court of appeal shall not be entitled.
Art. 611ft. [ Damage to the execution of the decision of forfeiture] § 1. If, according to the law of the executing State, the State is liable for damage caused by the execution of the decision of forfeiture issued by the Polish court, the State Treasury shall, at the request of the competent court or other authority of that State, its cash amount equivalent to the amount of compensation paid.
§ 2. The provision of § 1 shall not apply if the damage is the sole consequence of the action or omission of the executing State body of the decision.
Chapter 66d
Occurrence of a forfeiture of a Member State of the European Union
Art. 611fu. [ Implementation of forfeiture of a Member State of the European Union] § 1. In the event of a Member State of the European Union, referred to in this Chapter, 'the State of the judgment', for the execution of a final decision of forfeiture, that decision shall be enforcing, by the district court, in the circle of which the person concerned is responsible. has a property or income, or has a fixed or temporary location.
§ 2. The decision referred to in paragraph 1 or the copy of the decision certified for conformity with the original shall be accompanied by a certificate containing all relevant information enabling it to be properly implemented.
§ 3. The court shall immediately proceed to the execution of the decision of the issuing State.
§ 4. If the court to which the decision is addressed is not competent to give it the right to run, it shall forward it to the competent court and shall inform the competent court or other authority of the issuing State thereof.
§ 5. If the provisions of this Chapter do not provide otherwise, the provisions of Polish law shall apply in the enforcement of the decisions referred to in § 1. Article Recipe 611c § 3 shall apply mutatis mutandis.
Art. 611fw. [ Refusal to execute the decision of forfeit] § 1. It shall be refused to execute the decision forfeiting the asset or its equivalent in the part in which it was issued on the basis of the presumption of origin of that benefit, other than the presumption:
1) the origin of the property benefit of a crime other than that for which the perpetrator was convicted, committed at the time of the issue of the unlawless judgment;
2) the origin of the property gain from another offence similar to the offence for which the perpetrator was convicted, committed to the time of the issue of the unlawless judgment;
3) the origin of the crime of property not covered in the disclosed sources of the perpetrator's income.
§ 2. You may refuse to execute the decision forfeit of the property gain or its equivalent, issued on the basis of the presumption referred to in § 1, in the part where the decision of forfeiture would be inadmissible according to Polish law.
§ 3. The execution of the decision referred to in Article 4 may be refused. 611fu § 1 if:
1) the act in connection with which the decision was issued shall not constitute a criminal offence under the Polish law or for the offence which is the basis for the decision cannot be forfeited according to the Polish law, unless under the law of the State of the ruling it is a crime listed in art. 607w; art provision. 607r § 2 shall apply mutatis mutandis;
2. the certificate referred to in Article 1 shall not be attached to the decision. 611fu § 2, or the certificate is incomplete or manifestly incompatible with the content of the decision;
3. the decision to be carried out shall refer to the same act of the same person as to which the criminal proceedings have been lawfully completed in the Member State and the decision in respect of forfeiture has been executed;
4) according to Polish law the execution of the sentence has expired, and the offences concerned have been subject to the jurisdiction of the Polish courts;
5) the ruling relates to crimes which, according to Polish law, were committed in whole or in part on the territory of the Republic of Poland, as well as on the Polish ship or air;
6) the ruling relates to crimes committed outside the territory of the state of the ruling, and the Polish law does not permit the prosecution of such a criminal offence, if they were committed outside the territory of the Republic of Poland;
7) the perpetrator is not subject to the jurisdiction of the Polish criminal courts or there is a lack of the required authorization to prosecute him;
8) from the content of the certificate referred to in art. 611fu § 2, it follows that the judgment has been issued in the absence of the perpetrator, unless:
(a) the offender has been called upon to participate or otherwise has been informed of the time and place of the hearing or of the meeting, instructing that the absence of the proceedings does not constitute an obstacle to the judgment or the perpetrator has had a defender who was present at the time of the hearing. hearing or meeting,
(b) after service of the offender's copy of the decision, together with an instruction on the right to him, the time limit and the manner in which the order for the application for a new legal proceedings in the same case is lodged in the issuing State, the perpetrator in the law the deadline has not submitted such a request or has stated that it does not contest the decision;
9) the offence to which the ruling relates, in the case of the jurisdiction of the Polish criminal courts, is subject to a donation under amnesty;
10) there is a legitimate concern that the enforcement of the decision may infringe the rights of third parties.
§ 4. If the information provided by the State of the decision is not sufficient to reach a decision on the enforcement of the forfeiture decision, the court shall invite the competent court or other authority of the State to make a decision to supplement them in the indicated date.
§ 5. In the event of failure to comply with the time limit referred to in paragraph 4, the decision on the enforcement of the decision shall be based on the information provided previously.
§ 6. If the execution of the decision is not possible for factual or legal reasons, the court shall immediately notify the competent court or other authority of the state of the ruling.
Art. 611fx. [ Recognition by the court of the case of execution of the decision forfeit] § 1. The court recognizes the case of execution of the decision forfeit at the meeting, in which it is entitled to take part of the prosecutor, the perpetrator, if he is staying in the territory of the Republic of Poland, and his defender, if he is standing there, and the third party whose rights may be infringed by the enforcement of the decision. If the perpetrator, who is not in the territory of the Republic of Poland, does not have a defense counsel, the President of the court competent to recognize the case may appoint him a defender from office.
(2) The decision of the court in respect of the execution of the decision forfeit shall be granted to the parties and to the third party referred to in paragraph 1. The court which issued the order shall inform the competent court or other authority of the issuing State of the decision on the lodging of the complaint.
§ 3. The final judgment of the forfeiture accompanied by the certificate shall constitute an enforceable title and shall be enforceable in the Republic of Poland after the issuance of the order of its execution.
Art. 611fy. [ Suspension of proceedings concerning the enforcement of the decision of forfeit] § 1. The court may stay the proceedings on the enforcement of the decision referred to in Article 4. 611fu § 1 if:
1) the occurrence, concerning the amount of money, has taken place in more than one Member State, and there is a likelihood that the decision will be forfeited in several Member States than the amount indicated in the decision;
2) execution of the decision could obstruct the pending criminal proceedings;
3) the property may be subject to forfeiture in the ongoing proceedings in Poland;
4) deems it necessary to translate the ruling into Polish.
(2) In order to suspend the proceedings, the complaint shall be granted to the parties and to the third party referred to in Article 3. 611fx § 1. The court which issued the order shall inform the competent court or other authority of the State of the decision of the suspension of the proceedings and of its reasons.
§ 3. In the event of suspension of proceedings, the court of office may secure enforcement of the decision The provisions on property collateral on the accused's property shall be applied mutatis mutandis.
Art. 611fz. [ The judgment of the court on the enforcement of the decision of forfeiture in whole or in part] If the property subject to execution is not sufficient to execute two or more of the decisions referred to in Article 611fu § 1, issued against the same person and concerning the amount of money, or if two or more decisions relate to a particular item of property, the court shall rule on the enforcement of decisions in whole or in part.
Art. 611fza. [ Proof of forfeiture's execution] § 1. If the perpetrator or other person provides evidence of execution in whole or in part, the decision referred to in Article 611fu § 1, the court, before issuing an order on the enforcement of the decision, shall invite the competent court or other authority of the State to issue the decision to confirm the payment made.
§ 2. The amounts previously obtained from the forfeiture in the State of origin of the decision or the executing State shall be counted against the amount to be executed.
Art. 611fzb. [ The breakdown of the amount and property obtained from the execution of the forfeiture decision] § 1. Amount obtained from the execution of the decision referred to in Article 611fu § 1, which does not exceed the equivalent of EUR 10 000, constitutes the revenue of the State budget. In other cases, the State of the decision shall be given half of the amount obtained to the bank account indicated by the competent court or by another authority of that State.
§ 2. Property other than money, obtained from the execution of the decision referred to in § 1, is cashed in accordance with the provisions on the execution of cash benefits in enforcement proceedings in the administration. The provision of § 1 shall apply mutatis mutandis to the amount obtained from the execution.
§ 3. In justified cases, the court may waive the sintering of the property referred to in § 2, and transfer it to the competent court or other authority of the State of origin of the decision. If the occurrence includes forfeiture of the monetary amount, the transfer may take place only with the consent of that court or body.
§ 4. The court refuses to give the State the award of a decision obtained on cultural goods which form part of the national cultural heritage.
§ 5. The Minister of Justice may conclude an agreement with the competent authority of the State of the decision on the manner in which the decision of the forfeiture is to be executed, in particular by providing for a distinction between the amounts obtained from the implementation referred to in paragraph 1 above. Decisions.
§ 6. In the event of the conclusion of the agreement referred to in § 5, the court, at the request of the competent court or other body of the State of the ruling, shall transfer all or part of the enforced amount of money or property other than the money, obtained from the execution the decisions, in accordance with the agreement.
Art. 611fzc. [ Information on execution of the decision of forfeit] In the event of receipt from the competent court or other authority of the State of origin of the decision on the fact that the decision submitted for execution is not subject to further execution, the court shall issue a decision without delay for the discontinuance of the enforcement proceedings.
Art. 611fzd. [ Notification on the enforcement of forfeiture and termination of enforcement proceedings] The content of the decision on the enforcement of the decision of forfeiture, as well as the termination of enforcement proceedings, shall be notified without delay to the competent court or other authority of the State of the decision. This notification may also be provided by means of an automatic data transfer device, in such a way as to enable the authenticity of the documents to be authenticated.
Art. 611fze. [ Breakdown of expenses incurred in connection with the enforcement of the decision] § 1. Costs related to the enforcement of the decision referred to in art. 611fu § 1, shall be borne by the State Treasury. In justified cases, the court may request the competent court or other authority of the State to issue a statement of reimbursement of part of the expenditure incurred. The occurrence shall be accompanied by a detailed list of the expenditure incurred, together with a proposal for the distribution of expenditure.
§ 2. If the State Treasury is responsible for the damage caused by the execution of the forfeiture order issued by the judicial authority of the State of the ruling, the State Treasury shall apply to the competent authority of that State for the reimbursement of the amount of money equal to the amount of compensation paid.
§ 3. The provision of § 2 shall not apply if the damage is the sole consequence of the action or omission of the Polish authority.
Chapter 66e
Cooperation with the International Criminal Court
Art. 611g. [ Application for cooperation] § 1. The request for cooperation of the International Criminal Court, hereinafter referred to as the 'Court', shall be carried out by the competent court or by the public prosecutor through the Minister of Justice, depending on the stage of the procedure.
§ 2. Article 1 shall apply mutatis mutandis to a request for legal assistance directed at the Court by a court or a prosecutor.
Art. 611h. [ Plea of final criminal proceedings] § 1. In the case of a request from the Court to provide a person to the Court, within the meaning of the provisions of the Statute, hereinafter referred to as 'the application for delivery of a person', before the first hearing, the person to whom the application is requested must be advised of the powers specified in The statutes and the possibility of raising the plea in law to terminate the criminal proceedings against which an application for delivery of a person is subject to criminal proceedings against it.
§ 2. In the event of an indication of the grounds for allegation referred to in § 1, the court shall notify the Minister of Justice, who may postpone the execution of the application for delivery of the person.
§ 3. In order to give judgment on the admissibility of the provision of a person's provision 604 does not apply.
§ 4. If, after the court has issued an order for the admissibility of the delivery of the person to the Court, the Minister of Justice postponed the execution of the application for the provision of a person on account of the criminal proceedings or of the proceedings in by that person the custodial sentence for another offence, the person whose application for the provision of the person concerned may be temporarily provided to the Court in accordance with the rules laid down by the Court.
§ 5. The findings of the Court of Justice referred to in paragraph 4 shall be made by the Minister of Justice.
Art. 611i. [ Unforeseen landing on the territory of the Republic of Poland] § 1. In the event of an unforeseen landing on the territory of the Republic of Poland, the person provided to the Court by air of the Minister of Justice may request the Court to submit an application for authorisation for that carriage.
§ 2. If within 96 hours of an unforeseen landing the application referred to in paragraph 1 is not affected by the person supplied.
Art. 611j. [ Provisional Arrest] § 1. At the request of the Court of Justice, provisional arrest or detention shall be subject to provisional arrest or to the delivery of a person prosecuted.
§ 2. The temporary arrest referred to in § 1 may be waived or amended to a more lenient preventive measure in the cases referred to in the Statute. Art. 257-259 does not apply.
§ 3. In the proceedings concerning the repeal or amendment of a preventive measure, the court or prosecutor shall take account of the position of the Court.
Art. 611k. [ Request for additional information] The Minister of Justice shall, before considering the application of the Court of Justice to prosecute, punish or imprisonment of a person provided for a crime committed prior to delivery, other than that for which delivery occurred, may return to the Court for additional information, as well as the protocol containing the statement of the person provided for the offence referred to in that request.
Art. 611l. [ Consent to the transfer to the Court of a person issued or transferred to another State] The Minister of Justice may give his consent to the submission of a person or transferred to another State to the Court.
Art. 611m. [ The transfer of the act of the Minister of Justice] If the provision of legal assistance provided for in the Statute, to the extent or in the manner prescribed by the Court's motion, would be contrary to the principles of the legal order of the Republic of Poland, the court or prosecutor does not rule on the application and forward the case file to the Minister of Justice for the purposes of the findings with the Court.
Art. 611n. [ Refusal of legal aid] If the Court's request for legal assistance concerns an action other than that provided for in the Statute, the execution of which, despite the findings of the Court, is still inadmissible under the law and the legal aid may not be granted under any condition, at a later date or otherwise, the court or prosecutor refuses to grant that assistance.
Art. 611o. [ The provision of information the disclosure of which could endanger the security of the Republic of Poland] § 1. If the Court's request concerns the provision of a document or other proof containing information the disclosure of which could endanger the security of the Republic of Poland, the court or prosecutor shall not rule on the application and forward the file the case of the Minister of Justice, who shall, in agreement with the competent authority, make arrangements with the Court.
§ 2. If, in spite of the findings of the Court of Justice, the granting of legal aid could endanger the security of the Republic of Poland, the court or prosecutor refuses to grant it.
Art. 611p. [ Proof made available subject to secrecy] If the Court's request concerns the issue of a document or other proof, made available to the authority or institution of the Republic of Poland by another State or an international organization, subject to the secrecy of the information contained in that document or proof, the issue may be issued only after consent has been given by the supplier of the document or proof.
Art. 611r. [ Presence Of The Prosecutor Of The Court] § 1. In the execution of a request for cooperation, at the request of the Court, the Prosecutor of the Court and other persons authorised by the Court shall be provided for the operation to which the application relates.
§ 2. The persons referred to in paragraph 1 may request specific questions and to perpetuate the course of action for the proceedings before the Court.
§ 3. The Prosecutor of the Tribunal shall be able to carry out procedural steps in the territory of the Republic of Poland on a separate basis and under the conditions laid down in the Statute.
Art. 611s. [ Other determinations] The findings of the Court of Justice, other than those referred to in this Chapter, shall be made by the Minister of Justice.
Chapter 66f
Occurrence to a Member State of the European Union for the execution of a custodial sentence
Art. 611t. [ Occurrence of the enforcement of the decision to the executing State] § 1. In the event of a final judgment by a Polish court against a Polish citizen or a foreigner of a custodial sentence, the district court, in whose district the decision was given, with the consent of the convicted, may request the enforcement of the decision directly to the competent court or other body of a Member State of the European Union, referred to in this Chapter, 'State of enforcement', if the transfer of the decision to the enforcement is more appropriate for the education and training of the Member State concerned, and preventive punitive objectives.
§ 2. The occurrence referred to in § 1 may also occur at the request of the convicted or competent court or other body of the executing State.
§ 3. The occurrence referred to in § 1 shall be referred by the court to the competent court or other authority:
1) the executing State of the decision, of which the sentenced person is a citizen and in which he has a permanent or temporary residence,
2) the executing State of the decision of which the sentenced person is a citizen and in which he does not have a permanent or temporary residence, but on the basis of a final decision will be expelled to him after serving a sentence or release from the penal facility,
3) another State of enforcement of the decision, with the consent of the competent court or another authority of that State
-if the sentenced person is in the territory of the Republic of Poland or in the country to which the speech was addressed.
§ 4. The application referred to in paragraph 1 shall, in each case, only refer to a single State of enforcement of the decision. A reoccurrence to another State of enforcement may take place only in the event of a failure to execute or a partial execution of the decision.
§ 5. The consent of the sentenced person to be transferred shall not be required where the decision is passed on to:
1) [ 6] the State of enforcement of the decision of which the sentenced person is a national and in which he has a permanent or temporary residence;
2) the executing state of the decision, to which the convicted shall be expelled after serving a sentence or release from the criminal establishment on the basis of a final decision on the foreigner's obligation to return;
3) the executing state of the decision, to which the convicted escaped the fear of the ongoing criminal proceedings in the territory of the Republic of Poland or the obligation to serve the case-law.
§ 6. A certificate containing all relevant information enabling it to be properly carried out shall be accompanied by a certificate of conformity with the original of the written copy of the decision referred to in paragraph 1. A copy of the decision, together with the copy of the certificate, shall be provided to the Minister of Justice.
§ 7. The certificate shall be translated into the official language of the executing State or to another language indicated by that State.
§ 8. The transmission of the write-off of the decision and the certificate referred to in paragraph 6 may also be effected by means of an automatic data transfer device, in such a way as to enable the authenticity of such documents to be authenticated. At the request of the competent court or other body of the executing State, the court shall forward a copy of the decision and the original of the certificate.
§ 9. In the event of difficulties in establishing the competent court or other authority of the executing State, the court may also refer to the competent organisational units of the European Judicial Network.
§ 10. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 6, including details of the decision referred to in paragraph 6, having regard to the need to make available to the State of enforcement. a decision of all the necessary information to enable a decision to be taken on the implementation of the decision.
Art. 611ta. [ Consent to the transfer of the decision to be executed] § 1. Before the State referred to in Article 1. 611t § 3 point 3, the court shall request the competent court or other authority of that State to give its consent to the transfer of the decision to be executed. In other cases, the court may ask the competent court or other authority of the executing State to give its opinion on the transfer of the decision.
§ 2. If circumstances are disclosed that the transfer of the decision to the executing State would not allow the parental and preventive purposes of the sentence to be more likely to be carried out, the court may withdraw from the the occurrence referred to in Article 611t § 1, or withdraw it.
Art. 611tb. [ Understanding the occurrence of the occurrence] § 1. The court recognizes the case to the competent court or other body of the state of enforcement of the decision at the meeting, in which it is entitled to take part of the prosecutor, convicted, if he is staying in the territory of the Republic of Poland, and his defense counsel, if he/she is does not stand. The decision of the court of appeal shall not be entitled.
§ 2. The Tribunal shall enable a convicted person residing in the territory of the Republic of Poland to take a position orally or in writing on the occurrence referred to in art. 611t § 1. If the consent of the convicted to transfer is required, the court shall receive from the convicted resident in the territory of the Republic of Poland a statement on the subject.
§ 3. In the case of a convicted residing in the territory of the Republic of Poland he did not consent to the speech referred to in art. 611t (1) The court of first instance shall rule on the occurrence, unless it is applicable to the application of Article 4 (1) 611t § 5. In other cases, the declaration shall be sent to the executing State together with the certificate referred to in Article 4. 611t § 6.
§ 4. If the convicted person stays in the territory of the Republic of Poland, the court shall notify him of the transfer of the decision; otherwise, he shall forward the notification together with the certificate referred to in Article. 611t § 6, to the executing State.
§ 5. The Minister for Justice shall determine by way of regulation the model of the notification referred to in § 4, including information on the relevant elements related to the enforcement of the decision, such as an indication of the competent authorities of the issuing State, and the enforcement of a judgment, a law setting out the conditions for the serving of a sentence, the conditional release or suspension of the execution of a sentence, having regard to the need to inform the convicted of the
Art. 611tc. [ The transfer of information on the content of foreign law applicable to conditional release] § 1. The court may ask the competent court or other authority of the executing State to provide information on the content of the foreign law applicable to the conditional release. After obtaining information about the content of a foreign law, the court may waiver the occurrence referred to in art. 611t § 1, or to withdraw it or to reserve in agreement with the competent court or other authority of the State of enforcement of the decision, that the Polish law is applicable to the decision on conditional release.
§ 2. Until the execution of the sentence in the executing State, the court may withdraw from the occurrence referred to in art. 611t § 1, or withdraw it as a result of other obstacles.
§ 3. If the State of enforcement of the decision asks for the prosecution of a convicted offence or the execution of a sentence handed down before the transfer of the convicted person to that State, the court shall issue a decision on the application within a period of 30 days. Art. 607e § 3 point 6, art. 607p, art. 607r and art. 607s § 1 and 2 shall apply mutatis mutandis.
Art. 611td. [ Request for enforcement of the judgment and enforcement proceedings] § 1. Application for enforcement of the decision referred to in Article 611t § 1, does not hold the executive proceedings.
§ 2. Upon receipt of the information on the commencment of the convicted sentence in the executing State of the decision, the enforcement proceedings shall be suspended.
§ 3. Upon receipt of the information on the termination of the execution of the sentence, the court shall take the suspended proceedings and die The proceedings shall also be terminated if the perpetrator has been taken in another Member State of the European Union and a final decision has been made on the same act.
§ 4. In the event of receipt of information on the impossibility of executing the decision in whole or in part for reasons other than those indicated in the second sentence of § 3, the court shall take the suspended proceedings for the purpose of its continued conduct.
§ 5. The court may agree with the competent court or other authority of the executing State that only part of the sentence of the sentence of imprisonment will be carried out in that State, provided that this does not result in an extension of the duration of the sentence. In such a case, upon receipt of the information referred to in § 2, the enforcement proceedings shall be suspended until the transfer of the sentenced person in order to continue the execution of the sentence on the territory of the Republic of Poland and the period of deprivation of liberty in the State the execution of the decision shall be counted against the penalty.
Art. 611te. [ Proceedings in case of repeal of the decision] In the event of the repeal of the decision referred to in Article 611t § 1, as a result of the cassation or the resumption of proceedings, the pardon of the convicted, the giving of an offence under amnesty or the statute of limitations of execution of the sentence, the court shall immediately inform the competent court or other authority of the executing State of the decision.
Art. 611tf. [ The transfer of the convicted court or other authority of the executing State] § 1. Convicted in the territory of the Republic of Poland shall be transferred to the competent court or to another authority of the executing State at the latest within 30 days of the date on which the decision on the performance of the decision has been made in that State. Decisions. Article 607n (2) shall apply mutatis mutandis.
§ 2. In the event of the need to obtain the consent of another Member State of the European Union for the carriage of the convicted by its territory, the Minister of Justice shall apply for a permit to carry. The first sentence of Article 611t (6) and (7) shall apply mutatis mutandis.
§ 3. Where the competent authority of another Member State of the European Union indicates that a convicted person may be prosecuted or deprived of liberty in connection with a criminal offence committed prior to leaving the territory of the Republic of Poland, the Minister Justice may withdraw the application for a permit to carry.
§ 4. If there is an unforeseen landing as referred to in Article 4. 607zb § 4, information specified in art. The 611t § 6 shall be transmitted within 72 hours.
Chapter 66g
Occurrence of a Member State of the European Union to execute a custodial sentence
Art. 611tg. [ Occurrence of the State of the ruling on the enforcement of the settled case of a custodial sentence in the Republic of Poland] § 1. In the event of the occurrence of a Member State of the European Union, referred to in this chapter of the "State of the ruling", the execution in the Republic of Poland of the final adjudication of the sentence of imprisonment, the decision shall be enforced by the the district court.
§ 2. The district court, at the request of the perpetrator or of its own motion, may ask the competent court or other authority of the state of the decision to refer the decision referred to in § 1, to perform, if this will allow to a greater degree of parental fulfillment and preventative penalty targets.
§ 3. The decision referred to in paragraph 1 or the copy of the decision certified for conformity with the original shall be accompanied by a certificate containing all relevant information enabling it to be properly implemented.
§ 4. If circumstances have been disclosed that the taking of the decision to implement does not allow the parental and preventive purposes of the sanction to be taken more fully, the court shall inform the competent court or other authority of the issuing State thereof. Decisions.
§ 5. At the request of the competent court or other authority of the state of the ruling, the court may consent to the enforcement of the sentence of imprisonment, case-law against the perpetrator of non-Polish citizenship or not having permanent or temporary residence in the territory of the Republic of Poland, if this will allow more to realize the educational and preventive objectives of the punishment.
§ 6. If the provisions of this Chapter do not provide otherwise, the provisions of Polish law shall apply in the enforcement of the decisions referred to in § 1.
Art. 611th. [ The jurisdiction of the court on enforcement of the decision] § 1. Competent to identify the matters referred to in Article 4. 611tg § 1, 2 and 5 is the district court in which the convicted district has a permanent or temporary residence.
§ 2. If the property can not be determined according to the rules laid down in § 1, the District Court in Warsaw shall be the right one.
§ 3. If the court to which the decision is addressed is not competent to give it the right to run, it shall forward it to the competent court and shall inform the competent court or other authority of the issuing State of the decision.
Art. 611ti. [ Recognition of the enforcement of the decision] § 1. The court shall recognize the case of the enforcement of the decision referred to in art. 611tg § 1, at the meeting where he is entitled to take part in the prosecutor's office, convicted, if he is staying in the territory of the Republic of Poland, and his defense counsel, if he becomes a staffer. If a convicted person who is not in the territory of the Republic of Poland does not have a defense counsel, the President of the court competent to recognize the case may appoint him a defender from office.
§ 2. The convicted person may orally or in writing consent to the transfer or make a declaration of renunciation of the exercise of the right referred to in art. 611tm, if the consent or statement has not been filed in the State of the ruling. Article 611t (5) shall apply mutatis mutandis.
§ 3. If the State of the decision has not provided all the information required for a decision on the enforcement of the decision, the court shall invite the competent court or other authority of the State to make a decision on the decision to be completed within the prescribed period. In the event of failure to comply with the time limit, the decision on the enforcement of the decision shall be based on the information held.
Article 611i. [ The determination of the enforcement of the decision] § 1. Order in respect of the enforcement of the decision referred to in Article 611tg § 1, the court shall issue within 40 days from the date of receipt of the decision together with the certificate.
(2) The decision of the court in respect of the enforcement of the decision shall be entitled to a complaint.
§ 3. The proceedings for the enforcement of the decision shall be terminated by final decision within 90 days of the date of receipt of the decision, together with the certificate.
§ 4. Where the time limit referred to in § 3 cannot be met, the competent court or other authority of the issuing State must be notified, giving the reason for the delay and the time limit for the decision.
§ 5. A copy of the order shall be transmitted to the Minister of Justice.
§ 6. The court or other authority of the State of origin shall proceed without delay to the decision of the competent court or other authority
Art. 611tk. [ Refusal of enforcement] § 1. The enforcement of the decision referred to in Article 4 shall be refused. 611tg § 1, if:
1) the act in relation to which the decision was issued shall not constitute a criminal offence under Polish law;
2. the decision to be carried out shall refer to the same act of the same person as to whom the criminal proceedings have been legally completed in a Member State of the European Union and the judgment in the field of imprisonment has been executed;
3) the convicted shall not consent to the transfer, unless:
a) [ 7] is a Polish citizen and has a permanent or temporary residence on the territory of the Republic of Poland,
b) has been given a decision on expulsion or deportation on the territory of the Republic of Poland,
c) he has fled in the territory of the Republic of Poland for fear of the criminal proceedings pending in the state of the Republic of Poland, or the duty to serve the case-law of the case;
4) convicted of the age shall not be borne by the law of Polish criminal liability for the acts constituting the basis of the decision;
5) it would violate the freedom and the right of man and citizen;
6) execution of the sentence shall be combined with the use of therapy or other means unknown to the Act;
7) the convicted person is not a Polish citizen unless the conditions laid down in § 4 are in place.
§ 2. The provision of § 1 point 1 shall not apply if the act does not constitute a criminal offence due to lack or disparate regulation in the Polish law of the relevant fees, taxes, duties or rules of foreign exchange trading.
§ 3. The execution of the decision referred to in Article 4 may be refused. 611tg § 1, if:
(1) In spite of the request by the court to supplement the information within the prescribed period, the certificate referred to in Article 3 (1) of the Rules of Jurisdiction shall not be accompanied by a 611tg § 3, either the certificate is incomplete or manifestly incompatible with the content of the decision;
2) according to Polish law the execution of the sentence has expired, and the offence to which it applies was subject to the jurisdiction of the Polish courts;
3) the sentenced person does not have a permanent or temporary residence in the territory of the Republic of Poland, unless, on the basis of a final decision, he is to be expelled to Poland, or the conditions laid down in § 4 are to be found;
4) from the content of the certificate referred to in art. 611tg § 3, it follows that the judgment has been issued in the absence of the perpetrator, unless:
(a) the sentenced person has been invited to participate in the proceedings or has otherwise been notified of the date and place of the hearing or of the sitting, instructing that the absence of the judgment is not an obstacle to the adoption of a judgment,
(b) the defender of the perpetrator was present at the hearing or meeting,
(c) after having served the convicted write-off of the decision, together with an instruction on the right to him, the time limit and the manner in which the order for the application for a new legal proceedings in the same case was lodged in the issuing State, sentenced to the statutory time limit has not submitted such a request or has declared that it does not contest the decision;
5) the ruling relates to a crime which, according to Polish law, was committed in whole or in part on the territory of the Republic of Poland, as well as on the Polish water or air ship;
6) at the time of receipt of the decision left to execute the penalty is less than 6 months of imprisonment;
7) the convicted shall not be subject to the jurisdiction of the Polish criminal courts, or there is a lack of the required authorization to prosecute him;
8) the offence to which the ruling relates, in the case of the jurisdiction of the Polish criminal courts, would be subject to a donation under amnesty;
9) the authority of the state of origin of the ruling did not consent under the art. 607e § 3 point 8 in conjunction with art. 611tm to prosecute a criminal offence other than that which constituted the basis for the transfer, or to execute the sentence imposed on him by a custodial sentence for another offence.
§ 4. The Tribunal may give its consent to the taking of the decision referred to in art. 611tg § 1, held against a convicted non-citizen of Poland or not on the territory of the Republic of Poland of permanent or temporary residence, if due to the family situation or special personal conditions of the convicted takeover The decision will allow more education and preventive measures to be implemented.
§ 5. In the cases provided for in paragraph 1, points 2, 3 and 6, and paragraphs 1, 2, 4, 5 and 8 of Paragraph 3, the court shall, before taking a decision on the enforcement of the decision, inform the competent court or other authority of the issuing State of the possibility of refusing to execute the decision.
Art. 611tl. [ Determining the legal qualification of the act] § 1. By ruling on the execution of a custodial sentence, the court shall determine the legal qualification of the act according to Polish law. Article 607s (4) shall apply mutatis mutandis. The period of deprivation of liberty in the State of origin of the judgment shall be counted against the case-law or the sentence of imprisonment.
§ 2. If the nature of the sentence of deprivation of liberty is unknown to the law, the court shall determine the enforceable punishment as a custodial sentence. If the offence according to the law of Polish legal qualification is not punishable by deprivation of liberty, the case shall be punished by the court of the State of origin of a decision of a term not exceeding 6 months of imprisonment.
Art. 611tm. [ The provision of information on the content of Polish law applicable to conditional release] § 1. In proceedings for the enforcement of a decision relating to a custodial sentence of a decision of a court or tribunal of another Member State of the European Union, an appropriate Article shall apply mutatis mutandis. 607e.
§ 2. At the request of the competent court or other authority of the state of the ruling, the court shall provide information on the content of the Polish law applicable to the conditional release. If the court or other authority of the State of origin of the decision withdraws the withdrawal until the execution of the sentence, the decision shall not be enforced.
Art. 611tn. [ Impossibility of enforcement of the decision-order for the discontinuance of the enforcement procedure] § 1. In the event of receipt from the competent court or other authority of the State of the decision that the decision submitted for execution is not subject to further enforcement, the court shall issue a decision without delay for the discontinuance of the enforcement proceedings.
(2) If the subsequent execution of the decision is not possible for reasons of fact or law, the court shall issue a decision without delay to discontinue the enforcement procedure and shall notify the competent court or other authority of the issuing State.
Art. 611to. [ A determination with temporary arrest or other preventive measure] § 1. If the convicted person is in the territory of the Republic of Poland, the court of office or at the request of the competent court or other authority of the state of the ruling may issue a decision on the provisional arrest. Instead of a temporary arrest, the court may apply another preventive measure, if it is sufficient to ensure that the convicted will remain in the territory of the Republic of Poland until the decision on the enforcement of the decision is taken.
§ 2. If the application of the measure referred to in § 1 is followed by the application of the state of the decision before obtaining the decision, together with the certificate, art. 605 § 5 i 6 and art. 607k § 3a shall apply mutatis mutandis.
§ 3. The court may apply provisional arrest, marking its term for the time necessary to transfer a convicted from the territory of a member state of the European Union and to bring the criminal establishment into custody. The total period of application of the temporary arrest shall not exceed 100 days. The self-imposed basis for the application of the provisional arrest shall be the judgment on the execution of a custodial sentence in another Member State of the European Union.
Art. 611tp. [ Permit to carry the perpetrator through the territory of RP] § 1. At the request of the State of the ruling, the Minister of Justice grants permission to carry the perpetrator through the territory of the Republic of Poland within 7 days from the date of receipt of the application.
§ 2. The application for the permit for carriage referred to in § 1 should be accompanied by a certificate referred to in art. 611tg § 3. The issue of an authorisation referred to in § 1 may be postponed until the translation of the certificate into Polish is obtained.
§ 3. The Minister of Justice shall inform the competent authority of the State of the decision that Article 607e § 1 shall not apply to a criminal offence committed or a custodial sentence before the convicted territory of the State of origin has left its territory.
§ 4. Article 607zb (2) to (4) shall apply mutatis mutandis.
Art. 611tr. [ Notification of the contents of the order] § 1. The content of the order in respect of the enforcement of the decision referred to in Article 611i.e. § 1, as well as significant decisions taken during the course of the procedure, as well as the escape or concealment of the convicted person shall be notified without delay to the competent court or other authority of the State of origin of the decision. This notice may also be provided by means of an automatic data transfer device, in such a way as to enable the authenticity of the documents to be authenticated.
§ 2. In the event of escape or hiding the convicted executive proceedings shall be redeemed. If the place of residence of the convicted in the territory of the Republic of Poland is subsequently determined, it shall be notified immediately to the competent court or other authority of the state of the ruling. A custodial sentence imposed in that State may be exercised if the competent court or other authority has re-directed the instance referred to in Article 4. 611tg § 1.
Art. 611ts. [ Expenditure related to enforcement] Costs related to the enforcement of the decision referred to in art. 611tg § 1, shall be borne by the State Treasury, with the exception of the cost of transferring the perpetrator in the territory of the Republic of Poland
Chapter 66h
Occurrence in a Member State of the European Union for the execution of a custodial sentence with a conditional suspension of its execution, the penalty of restriction of liberty, a sponsor of a criminal measure, and a conditional decision the dismissal and conditional remission of criminal proceedings
Art. 611u. [ Occurrence to the State of enforcement of the decision to execute the sentence of imprisonment with the conditional suspension of its execution, penalty of restriction of liberty, spontaneously adjudicated by the criminal measure] § 1. In the event of a final judgment by a Polish court against a Polish citizen or a foreigner of a custodial sentence with a conditional suspension of its execution, the penalty of restriction of liberty, the spontaneous case of the criminal measure, and in case of conditional the exemption or conditional remission of criminal proceedings where the judgment imposes on the perpetrator of the obligations laid down in Article 34 § 1a item 1, art. 39 points 2-2d, art. 46 § 1 or 2, art. 67 § 2, art. 72 § 1 points 1, 3-7a and 8 or art. 72 § 2 of the Penal Code or giving the convicted under the supervision of the probation officer or the public institution, the court may request enforcement of the decision to the competent court or other body of a Member State of the European Union, referred to in this Chapter " the State the execution of a decision " in which the perpetrator has a lawful permanent residence, if the perpetrator is present in that State or declares that he intends to return there.
§ 2. The occurrence referred to in § 1 may, at the request of the perpetrator, also be addressed to another Member State of the European Union than the State of the lawful permanent residence of the perpetrator, with the consent of the competent court or other authority of that State.
§ 3. The occurrence referred to in paragraphs 1 and 2 shall, in each case, only refer to one State of enforcement of the decision. A reoccurrence to another State of enforcement may take place only in the event of a failure to execute or a partial execution of the decision.
§ 4. A certificate containing all relevant information enabling it to be properly carried out shall be accompanied by a certificate of conformity with the original of the written copy of the decision referred to in paragraph 1.
§ 5. The certificate shall be translated into the official language of the executing State or to another language indicated by that State.
§ 6. The transmission of the write-off of the decision and the certificate may also be effected by means of an automatic data transfer device, in such a way as to enable the authenticity of such documents to be authenticated. At the request of the competent court or other body of the executing State, the court shall forward a copy of the decision and the original of the certificate.
§ 7. In the event of difficulties in establishing the competent court or other authority of the executing State, the court may also refer to the competent organisational units of the European Judicial Network.
§ 8. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 4, including details of the sentenced person, type and dimension of the sentence or measure, and time and time and time and time and time and time and time and time and the way of carrying out the obligations imposed, having regard to the need to provide the State with a decision of all the necessary information enabling it to take a proper decision on enforcement of the decision.
Art. 611ua. [ Suspension of enforcement proceedings] § 1. In the event of enforcement of the decision referred to in art. 611u § 1, the enforcement proceedings shall be suspended.
§ 2. Upon receipt of the information on the termination of the execution of the decision, the court shall take the suspended proceedings and die The proceedings shall also be terminated if the perpetrator has been taken in another Member State of the European Union and a final decision has been made on the same act.
§ 3. In the event of receipt of information on the impossibility of executing the decision in whole or in part for reasons other than those referred to in the second sentence of paragraph 2, and of the impossibility of issuing a decision on the order in which the execution of the sentence has been ordered, the a suspended, dismissal of conditional release or another decision related to the enforcement of the judgment referred to in Article 611u § 1, the court shall take the suspended proceedings for the purpose of its further conduct.
§ 4. In the event of receipt of the information on the adjustment of the decision referred to in Article 611u § 1, to the law of the executing State and prior to the execution of this judgment in that State, the court within 10 days may withdraw the speech referred to in art. 611u § 1 and 2, bearing in mind the objectives of the penalty.
§ 5. In the event of the opening of a new criminal proceedings against the perpetrator, the court may ask the competent court or other authority of the executing State to give its consent to withdraw the occurrence referred to in Article. 611u § 1 and 2. After obtaining the consent, the court shall take the suspended proceedings for the purpose of its further conduct.
§ 6. For the penalty or measure to be carried out, as referred to in Article 611u § 1 shall include the period of actual implementation in the executing State of the decision.
Art. 611ub. [ Repeal of judgment-notification of the court or other authority of the executing State] § 1. In the event of the repeal of the decision referred to in Article 611u § 1, as a result of the cassation or the resumption of proceedings, the pardon of the perpetrator, the giving of an offence under amnesty, or the statute of limitations of the execution of the sentence or in the event of other circumstances resulting in the impossibility of implementing that decision, the court of justice immediately notify the competent court or other authority of the executing State of the decision.
The Tribunal shall, without delay, notify the competent court or other authority of the executing State of the decision, using the certificate, of any circumstances affecting the enforcement of the decision referred to in Article 4. 611u § 1. The court shall also inform the competent court or other authority of the executing State without delay of any relevant rulings in the course of the course of the procedure.
§ 3. The notifications referred to in paragraphs 1 and 2 may also be communicated using the automatic data transmission facilities, in such a way as to enable the authenticity of the documents to be authenticated.
§ 4. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 2, including details of the breaches of the obligations imposed on the perpetrator and the other circumstances affecting the enforcement of the decision, Having regard to the need to provide the State with a decision of all the necessary information enabling it to take a decision.
Art. 611uc. [ Understanding the occurrence of the occurrence] The court recognizes the case to the competent court or other body of the state of enforcement of the decision at the meeting, in which it has the right to take part of the prosecutor and the victim, the perpetrator, if he is staying in the territory of the Republic of Poland, and his The defender, if he's standing there. The decision of the court of appeal shall not be entitled.
Chapter 66i
Occurrence of a Member State of the European Union for the execution of a criminal case related to the attesting of the test
Art. 611ud. [ Occurrence of the State of the decision to exercise a final judgment] § 1. In the event of a Member State of the European Union, referred to in this Chapter, 'the State of the judgment', the enforcement of a final sentence of a custodial sentence with a conditional suspension of its enforcement or of a a self-imposed penalty or a measure not involving deprivation of liberty or a fine, or a decision on conditional release, conditional remission of criminal proceedings or other conditional postponement of execution of the sentence, that judgment shall be enforced by the court of justice a district where the district of the perpetrator has a legal permanent residence, if shall, during the specified period, impose an obligation on the perpetrator:
1) to present before a specific authority;
2) to inform the specified authority about the change of the place of stay or the place of work or to obtain consent for such change;
3) stay or refrain from staying in specific environments or places, including if the decision prohibits admission to specific places or for events of a mass character;
4) refrain from contacting specific persons or approaching specific persons;
5) refrain from having specific objects;
6) the laying on the maintenance of another person;
7) repair of damage;
8. learning;
9) perform an unpaid, controlled work for social purposes, socially useful work or gainful employment;
10) subjecting to certain prohibitions or restrictions on the pursuit of the profession, the pursuit of a professional or economic activity;
11) undergo treatment or therapeutic effects;
12. surrender to the supervision of a curator, a social worker or a public institution to which the activity belongs to the care of education, the prevention of demoralization or the assistance of convicted persons.
§ 2. The decision referred to in paragraph 1 or the copy of the decision certified for conformity with the original shall be accompanied by a certificate containing all relevant information enabling it to be properly implemented.
§ 3. Where the requested court is not competent to give it the right to run, it shall forward it to the competent court and shall inform the competent court or other authority of the issuing State of the decision. Article 32 (3) shall apply mutatis mutandis.
§ 4. At the request of the competent court or other authority of the state of the ruling, the court may consent to the execution of the sentence or measure referred to in § 1, the case-law of the perpetrator without a legal permanent residence on the territory of the Republic of Poland Polish, if this will allow more of the educational and preventive objectives of punishment or measure to be achieved.
§ 5. If the provisions of this Chapter do not provide otherwise, the provisions of Polish law shall apply in the enforcement of the decisions referred to in § 1. Article 611c (3) shall apply mutatis mutandis.
Art. 611ue. [ Recognition of the enforcement of the decision] § 1. The court shall recognize the case of the enforcement of the decision referred to in art. 611ud § 1, at the meeting in which he is entitled to take part of the prosecutor, the perpetrator, if he is staying in the territory of the Republic of Poland, and his defender, if he is standing. If the perpetrator, who is not in the territory of the Republic of Poland, does not have a defense counsel, the President of the court competent to recognize the case may appoint him a defender from office.
(2) If the State of the decision has not provided all the information required for a decision on the enforcement of the decision, the court shall invite the competent court or other authority of the State to make a decision on the decision to be completed within the prescribed period. In the event of failure to comply with the time limit, the decision on the enforcement of the decision shall be based on the information in question.
§ 3. Ruling on the execution of the sentence or measure referred to in art. 611ud § 1, the court determines the legal qualification of the act according to Polish law. If the type of punishment or the measure or the manner of performance of the obligations imposed are unknown to the Act, the court shall determine the punishment, measure or obligation under Polish law. The basis for determining the sentence or measure to be executed is a judgment given by a court of a Member State of the European Union, a penalty for such an act in the Polish law and the period of actual execution of the sentence, measure or duty for Abroad, taking into account differences in the benefit of the convicted. If the dimension of the punishment, measure, obligation or period of trial is higher than that provided for by the Act, the court shall determine it in the upper limit of the dimension according to Polish law.
§ 4. If the judgment referred to in Article 611ud § 1, does not specify the custodial sentence, which will be directed by the perpetrator in the event of failure to carry out the obligations imposed or to take a conditionally unpunished criminal proceedings, the court shall rule on the enforcement of the decision only to the extent imposed in it obligations. Article 611ub (2) and (3) shall apply mutatis mutandis.
Art. 611uf. [ The date of application of the order for enforcement of the decision] § 1. Order in respect of the enforcement of the decision referred to in Article 611ud § 1, the court shall issue within 30 days from the date of receipt of the decision together with the certificate.
(2) The decision of the court in respect of the enforcement of the decision shall be entitled to a complaint.
§ 3. The proceedings for the enforcement of the decision shall be terminated by final decision within 60 days of the date of receipt of the decision and the certificate.
§ 4. Where the time limit referred to in § 3 cannot be met, the competent court or other authority of the issuing State must be notified, giving the reason for the delay and the time limit for the decision.
§ 5. The court or other authority of the State of origin shall proceed without delay to the decision of the competent court or other authority
Art. 611ug. [ Refusal of enforcement] § 1. The enforcement of the decision referred to in Article 4 shall be refused. 611ud § 1, if:
1) the act in relation to which the decision was issued shall not constitute a criminal offence under Polish law;
2) the perpetrator is not staying in the territory of the Republic of Poland, unless there are grounds for recognition that the perpetrator will return.
§ 2. The provision of § 1 point 1 shall not apply if the act does not constitute a criminal offence due to lack or disparate regulation in the Polish law of the relevant fees, taxes, duties or rules of foreign exchange trading.
§ 3. The execution of the decision referred to in Article 4 may be refused. 611ud § 1, if:
(1) In spite of the request by the court to supplement the information within the prescribed period, the certificate referred to in Article 3 (1) of the Rules of Jurisdiction shall not be accompanied by a 611ud § 2, or the certificate is incomplete or manifestly incompatible with the content of the decision;
2) submitted for execution of the decision concerns the same act of the same person as to which the criminal proceedings have been legally completed in a Member State of the European Union, and a judgment in the scope of the custodial sentence with conditional the suspension of execution of either a self-imposed penalty or a measure not involving deprivation of liberty or a fine has been carried out;
3) according to Polish law the execution of the sentence has expired, and the offence to which it applies was subject to the jurisdiction of the Polish courts;
4) the ruling relates to a crime which, according to Polish law, was committed in whole or in part on the territory of the Republic of Poland, as well as on the Polish water or air ship;
5) the perpetrator due to the age shall not be borne by the law of Polish criminal liability for the acts constituting the basis of the ruling;
6. the perpetrator shall enjoy the immunity of immunity, according to which it is impossible to supervises compliance with the obligations imposed;
7) from the content of the certificate referred to in art. 611ud § 2, it follows that the judgment has been issued in the absence of the perpetrator, unless:
(a) the offender has been called upon to participate in the proceedings or has otherwise been notified of the date and place of the hearing or of the sitting, instructing that the absence of the judgment is not an obstacle to the adoption of a decision,
(b) the defender of the perpetrator was present at the hearing or meeting,
(c) after service of the offender of the decision, accompanied by a statement of the right to him, the time limit and the manner in which the order for the application for a new judicial procedure has been lodged in the issuing State in the same case, the perpetrator in the law the deadline has not submitted such a request or has stated that it does not contest the decision;
(8) the judgment shall apply only to obligations other than those referred to in Article. 611ud § 1 or has been passed in spite of the failure to meet the conditions laid down by the article. 611u;
9) the offence to which the ruling relates, in the case of the jurisdiction of the Polish criminal courts, would be subject to a donation under amnesty;
10) the judgment provides for a measure related to treatment, unknown law;
11. the remaining time of performance of the duties imposed shall be less than 6 months.
§ 4. In the cases referred to in paragraphs 1 and 3, where a particular consideration is given, the court or tribunal shall, in agreement with the competent court or other authority of the State of origin of the decision, rule on the execution of a judgment only in respect of the obligations imposed on it. On the management of the execution of the sentence, of the appeal of the conditional release, of the decision of the replacement penalty and of the establishment, extension, amendment and dismissal of the obligations imposed in the period of the trial, or of the recognition of the penalty or measure the decision shall be exercised by the competent court or other authority of the issuing State, unless otherwise agreed.
§ 5. In the cases provided for in Paragraph 1 (2) and § 3 (1), (2), (4), (7) or (9), (2), (4), (7) or (9) to (11), the court or tribunal shall, before deciding on the execution of the decision, inform
Art. 611uh. [ Impossibility of further enforcement of the decision-order for the discontinuance of enforcement proceedings] § 1. In the event of receipt from the competent court or other authority of the State of the decision that the decision submitted for execution is not subject to further enforcement, the court shall issue a decision without delay to discontinue the enforcement proceedings.
(2) If the subsequent execution of the decision is not possible for reasons of fact or law, the court shall issue a decision without delay to discontinue the enforcement procedure and shall notify the competent court or other authority of the issuing State.
§ 3. In the event of receipt by the competent court or other authority of the State of the decision of the fact that a new criminal proceedings have been initiated against the perpetrator and on the reasoned request of that court or body, the court may authorise the withdrawal of the occurrence, of the This is a matter of the 611ud § 1, having regard to the objectives of the sentence or measure, the period of their execution and the attitude of the perpetrator. The Tribunal shall allow the perpetrator, residing in the territory of the Republic of Poland, to seize his position orally or in writing on the withdrawal of the occurrence. By agreeing to withdraw the speech, the court will cancel the enforcement proceedings.
Art. 611ui. [ Notice of the court or other authority of the State of the decision on the content of the order] The content of the order in respect of the enforcement of the decision referred to in Article 611ud § 1, and of the relevant decisions taken in the course of the enforcement proceedings, shall be notified without delay to the competent court or other authority of the State of origin of the decision. This notice may also be provided by means of an automatic data transfer device, in such a way as to enable the authenticity of the documents to be authenticated.
Article 611uj. [ Expenditure related to enforcement] Costs related to the enforcement of the decision referred to in art. 611ud § 1, shall be borne by the State Treasury.
Chapter 66j
Occurrence to a Member State of the European Union for the execution of a European protection order
Art. 611w. [ European Protection Order] § 1. In the event of a judgment or enforcement by a Polish court or prosecutor of a preventive measure, a criminal measure or an obligation relating to the subject of an attempt by the perpetrator to refrain from being present in specific environments or places or contacting certain persons, or approaching certain persons, and where this is necessary for the protection of the rights of the victim, the court or the prosecutor may, at the request of the victim, request the enforcement of the measure or the obligation to the competent of a court or other body of a Member State of the European Union, called In this chapter, the 'executing State', in which the victim is or declares that he intends to be present there, by issuing a European protection order.
§ 2. If necessary, the court or prosecutor shall order a warrant for more than one executing State.
§ 3. The order shall contain information enabling it to be properly carried out concerning the judgment, the victim, the accused and the measure or the obligation referred to in paragraph 1. The order shall be accompanied by a certified true copy of the sentence referred to in paragraph 1.
§ 4. The order should be translated into the official language of the executing State or to another language indicated by that State.
§ 5. The transmission of the write-off of the order and of the decision may also be made by means of an automatic data transfer device, in such a way as to enable the authenticity of such documents to be At the request of the competent court or other authority of the executing State, the court or prosecutor shall provide a copy of the decision and the original of the order.
§ 6. In the event of difficulties in determining the competent court or other authority of the executing State, the court or the prosecutor may also refer to the competent bodies of the European Judicial Network or Eurojust.
§ 7. The Minister of Justice shall determine by way of regulation a model of the European protection order, having regard to the need to make available to the executing State all the necessary information to enable it to take a proper decision on the matter. order execution.
Art. 611wa. [ Warrant and enforcement of a preventive measure, a criminal measure or an obligation relating to the perpetrator of the sample] The occurrence of the execution of the European protection order shall not suspend the exercise of the measure or the obligation referred to in Article 4. 611in § 1.
Art. 611wb. [ Notification in the event of a change or repeal of a preventive measure, a criminal measure or an obligation relating to the attesting of the perpetrator of the sample] § 1. In the event of a change or repeal of the measure or of the obligation referred to in Article 611in § 1, the court or prosecutor shall immediately inform the competent court or other authority of the executing State.
§ 2. The notification referred to in paragraph 1 may also be provided by means of an automatic data transfer device, in such a way as to enable the authenticity of the documents to be authenticated.
Art. 611wc. [ Exclusion of complaint to the order of the court or of the prosecutor] The order of the court or the prosecutor on the European order for protection of the complaint shall not be granted.
Chapter 66k
Occurrence of a European Union Member State for the execution of a European protection order
Art. 611wd. [ Implementation of the European protection order] § 1. In the event of a Member State of the European Union, referred to in this Chapter of the 'issuing State', the execution of a European protection order, issued on the basis of a decision imposing a decision on the person against whom it is or has been conducted criminal proceedings, the obligation to refrain from being present in specific environments or places or to contact specified persons, or to approach specific persons, this warrant shall be executed by Prosecutor of the local competent authority due to the whereabouts of the person subject to security.
§ 2. The prohibition should contain information enabling it to be properly implemented. The order shall be accompanied by a decision referred to in paragraph 1, or a copy thereof certified for compliance with the original. In respect of the data concerning the place of stay and the work of the protected person, it shall apply mutatis mutandis. 148a.
§ 3. If the prosecutor to whom the order is directed is not competent to give him the run, he shall forward it to the competent public prosecutor and shall inform the competent court or other authority of the issuing State accordingly.
§ 4. If the application for a warrant has been directed by a person subject to protection on the basis of a decision issued in another European Union member state directly to the Polish prosecutor, without the competent authority, the prosecutor forward the application to the competent court or to another authority in the country where the judgment was issued against the person against whom the criminal proceedings are or have been conducted.
§ 5. If the provisions of this Chapter do not provide otherwise, the provisions of Polish law shall apply when the order is executed.
Art. 611we. [ Supplement to the order] § 1. If the issuing State has not provided all the information required for a decision on the execution of the European protection order, the prosecutor shall invite the competent court or other authority of the executing State to complete the order in question. date. In the event of failure to comply with the time limit, the decision on the execution of the order shall be based on the information in question.
§ 2. If the type or method of performance of duties is unknown to the Act, the procurator shall determine the obligation under Polish law, taking into account differences in the benefit of the person against whom the criminal proceedings are or have been conducted.
Art. 611wf. [ Complaint on the execution of the order] § 1. The prosecutor's order for the execution of the European protection order shall be entitled to a complaint to the district court in which the order in question was issued. The court recognizes the complaint at the meeting in which it has the right to take part of the prosecutor, the person against whom it is or was conducted criminal proceedings, and the person subject to protection, if they reside in the territory of the Republic of Poland, and the defender And the proxy, if they don't. If the person against whom the criminal proceedings are or has been carried out does not reside in the territory of the Republic of Poland nor does he have a defense counsel, the President of the court competent to recognize the complaint may appoint a defender of the office.
§ 2. For the execution of the order, the prosecutor shall proceed immediately.
Article 611acc. [ Refusal of execution of the order] § 1. The execution of a European protection order shall be refused if the protected person is not in the territory of the Republic of Poland, unless there are grounds for recognition that he intends to be present on him.
§ 2. The execution of an order may be refused if:
1) the act in connection with which the obligation was imposed does not constitute a crime under Polish law;
2) in spite of the call by the prosecutor to supplement the information within the indicated deadline to the order, the decision referred to in art was not attached to the order. 611wd § 1, or it is incomplete or manifestly incompatible with the content of the decision;
3) the judgment concerns the same act of the same person as to whom the criminal proceedings have been legally completed in a Member State of the European Union and that person is held or held a penalty or punishment cannot be executed under the law of the State, in which has been convicted;
4) according to Polish law, the execution of the sentence has expired, and the offence to which it applies was subject to the jurisdiction of the Polish courts;
5) the ruling relates to a crime which, according to Polish law, was committed in whole or in part on the territory of the Republic of Poland, as well as on the Polish water or air ship;
6) the person against whom the criminal proceedings are or has been conducted, due to the age shall not be borne by the law of Polish criminal liability for the act upon which the decision is based;
7) the person against whom the criminal proceedings are or has been conducted shall enjoy the immunity, in accordance with which there is an impossible supervision of compliance with the obligations imposed;
(8) the judgment shall apply only to obligations other than those referred to in Article. 611wd § 1;
9) the offence to which the ruling relates, in the case of the jurisdiction of the Polish criminal courts, would be subject to a gift under amnesty.
Art. 611wh. [ Order not to execute the order] § 1. In the event of receipt from the competent court or other authority of the State of issue of an information order that the European protection order is not subject to further execution, the prosecutor shall immediately issue a decision to discontinue his enforcement.
(2) If the subsequent execution of the order is not possible for reasons of fact or law, the prosecutor shall immediately issue a decision to discontinue his or her execution and shall notify the competent court or other authority of the issuing State thereof, the person, against which it is or has been conducted criminal proceedings, and a person subject to protection, if they reside in the territory of the Republic of Poland.
§ 3. In the event of receipt from the competent court or other authority of the State of issuing an order of information about the change of obligation imposed on the person against whom it is or has been conducted criminal proceedings, the prosecutor recognizes the case of the execution of the amended order on the rules laid down in this Chapter. Article Article 611wg shall not apply, except in the case of § 1 and § 2 (2) and (8).
Art. 611wi. [ Notice of circumstances affecting the execution of the order] § 1. On the content of the order in respect of the execution of the European protection order, the application of an appeal against that order, of the relevant rulings in the course of the proceedings, as well as of the change of residence of the person against whom the appeal is based the competent court or other authority of the issuing State shall be notified without delay to the competent court or other authority of the issuing State.
§ 2. The procurator shall immediately inform the competent court or other authority of the state of the issuing of the order of any circumstances affecting its execution, in particular of the breach of the obligation imposed. A notice of breaches of that obligation shall be in the form of a certificate containing information relating to the person against whom criminal proceedings are or has been conducted and of the breach of duty.
§ 3. In the event of information on breaches of the obligation imposed, the prosecutor may, in person, or have the Police commissioned a check on the facts in this respect. With the consent of the protected person, the prosecutor may also request the competent Police Commander to apply for the application of the protection and assistance measures provided for in the Act of 28 November 2014. o protection and assistance to the victim and witness.
§ 4. In the event of a cessation of the reasons for imposing an obligation or a formation of reasons justifying its repeal or change, the prosecutor may request the competent court or other authority of the State to issue an order for revocation or amendment of the order.
§ 5. The notifications referred to in paragraphs 1 and 2 and the occurrence referred to in paragraph 4 may also be provided by means of an automatic data transfer device, in such a way as to enable the authenticity of the documents to be authenticated.
§ 6. The Minister for Justice shall determine, by means of a regulation, the model of the certificate referred to in paragraph 2, having regard to the need to make available to the State an order of all the necessary information enabling it to take a proper decision.
Art. 611wj. [ Enforcement costs] The costs associated with the execution of the order shall be borne by the State
Chapter 67
Final provisions
Article 612. [ Notice of temporary arrest of a foreigner] § 1. Whenever a temporary arrest is applied to a national of a foreign country, at his request, the competent local consular office of that State shall be immediately notified, or, in the absence of such an office, a diplomatic representation of that State. this country.
§ 2. In the event of detention of a foreign country national, the detention shall be made available, at his request, to the establishment of contact with the competent consular office or diplomatic representative in the form of an accessible form, and in the event of a detention of the person without any nationality-with the representative of the country in which it has a permanent residence.
Article 613. [ The agreement with the authorities of foreign countries] § 1. Except in the case of accidents referred to in Article 592a-592f and in art. 595 and Chapters 62a, 62b, 65a-65d, 66a-66d and 66f-66k with foreign authorities established abroad and with the persons mentioned in art. 578 and in art. 579 courts and prosecutors agree each time, including when serving pleadings, through the Minister of Justice and, if necessary, through the Minister responsible for Foreign Affairs.
§ 2. With consular offices of a foreign state in the Republic of Poland, courts and prosecutors, in the cases specified by the Minister of Justice, may communicate directly.
Article 614. [ Reimbursement of expenses incurred] The expenditure incurred in respect of the operations provided for in this chapter shall be borne by the foreign country which has applied for the operation. The authorities of the Polish State may refrain from requesting reimbursement of expenses incurred if the foreign state provides reciprocity.
Article 615. [ Exemption of provisions] § 1. In relations with international criminal tribunals and their bodies acting on the basis of international agreements, of which the Republic of Poland is a party, or established by international organizations a constitutional agreement ratified by The Republic of Poland shall apply, as appropriate, the provisions of this chapter.
§ 2. of the provisions of this chapter shall not apply if the international agreement, to which the Republic of Poland is a party, or the act governing the operation of an international criminal tribunal provides otherwise.
§ 3. The provisions of this chapter may not be applied to a foreign state with which the Republic of Poland has no agreement on the subject, and the State does not provide reciprocity.
§ 4. Where an international agreement or an act governing the operation of an international criminal tribunal requires, the Minister of Justice shall notify the international criminal tribunal of the initiation of proceedings against the person for the commission of the offence subject to prosecution by this tribunal.
§ 5. If, on the same act of the same person, criminal proceedings were initiated in the Republic of Poland and before the international criminal tribunal, the Minister of Justice forwards the prosecution to this tribunal, if required by legislative acts regulating the operation of the tribunal.
CHAPTER XIV
Process Costs
Chapter 68
General provisions
Article 616. [ Types of costs] § 1. The costs of the process include:
(1) judicial costs;
2) reasonable expenses of the parties, including on the establishment of a single defender or proxy.
§ 2. The court costs include:
1) fees;
2) expenses incurred by the State Treasury since the opening of the proceedings.
Article 617. [ Fees] The types and amount of fees and the rules and mode of their extinction shall be determined by a separate law.
Article 618. [ Expenses] § 1. The expenditure of the Treasury shall include, in particular, withdrawals made by:
1) the service of the summations and other letters;
2) crossings of judges, prosecutors and other persons on account of the proceedings;
3) the bringing and transporting of the accused, witnesses and experts;
4) visual inspection, research undertaken in the course of the proceedings and the consignments and storage of seized objects as well as their sales;
5) advertisements in press, radio and television;
6) execution of the decision, including also the security of the threatening property penalties, if these penalties have been adjudicated, with the exception of the cost of living in the detention facility and the costs of stay in the treatment facilities on psychiatric observation;
7) claims of witnesses and interpreters;
8) the costs of mediation proceedings;
9) fees of experts or institutions designated to issue an opinion or issue of a certificate, including the costs of issuing a certificate by a medical practitioner;
9a) the costs of the psychiatric observation of the accused, excluding the receivables of the psychiatrists;
10) fees provided for the provision of information from the criminal record;
11) unpaid by the parties of legal assistance granted from office by lawyers or legal advisers;
12) lump sum of the court curator for conducting an environmental interview, referred to in art. 214 § 1;
13) the implementation of international agreements, of which the Republic of Poland is a party, and proceedings conducted pursuant to Chapter XIII, also if no provision has been given, referred to in art. 303.
(2) If the amount and the rules for determining the duties referred to in paragraph 1 are not governed by separate provisions, the Minister of Justice, in agreement with the Minister responsible for public finance, shall determine, by regulation, the amount and the manner in which they are to be the calculation, having regard to the actual cost of carrying out the operation concerned.
§ 3. In the absence of the provisions set out in § 2, the amount of the expenditure concerned shall be determined by the amounts granted by the court, the prosecutor or any other body conducting the proceedings.
Art. 618a. [ Reimbursement of travel expenses] § 1. The witness shall be entitled to reimbursement of travel expenses, from his place of residence to the place where the proceedings are carried out, at the request of the court or body responsible for the preparatory proceedings, in the amount actually incurred and intentional. the cost of the journey by own car or other appropriate means of transport.
§ 2. The upper limit of receivables referred to in § 1 shall be the amount of the costs of the employee employed in the state or local government unit of the budget sphere for official travel in the territory of the country.
§ 3. According to the same rules, the witness shall be entitled to reimbursement of accommodation costs and to the maintenance at the place where the proceedings are performed.
§ 4. The amount of the costs referred to in paragraphs 1 and 3 shall be duly demonstrated.
Art. 618b. [ Reimbursement of earnings or income foregone] § 1. A witness shall be entitled to a return on earnings or income lost due to a call for a court or a body conducting preparatory proceedings.
§ 2. The remuneration for the lost earnings or the income for each day of participation in the activities of the proceedings is awarded to the witness in the amount of his average daily earnings or income. In the case of a witness remaining in employment, the average daily lost earnings shall be calculated on the basis of the rules in force when determining the cash equivalent of the leave to be paid to the employee.
§ 3. The upper limit of receivables referred to in § 2 shall be equivalent to 4,6% of the base amount for the persons occupying the positions of the State position, the amount of which, determined according to the separate rules, shall be determined by the budgetary law. In the event that the announcement of the Finance Act is made after 1 January of the year to which the Budget Act relates, the basis for calculating the amount receivable for the period from 1 January to the date of publication of the Budget Act is the base amount of the amount applicable in the December the previous year.
§ 4. The loss of earnings or income referred to in paragraph 1 and the amount of the benefit shall be duly demonstrated.
Art. 618c. [ Right to claim claims] § 1. The right to claim the claims provided for in Article 618a and art. 618b serves a person called as a witness if she resided, no matter what she was interrogated.
§ 2. Where the person entitled to receive the duties provided for in the Article 618a and art. 618b shall be called as a witness in a number of cases on the same day, shall be awarded to these claims only once.
§ 3. A witness who came forward without a call for a court or body conducting a preparatory proceeding, as provided for in Article 4 (1) of the Financial Regulation. 618a and art. 618b can only be granted if he has been questioned.
Art. 618d. [ Adequate application of the provisions to the person accompanying the witness] The provisions of Article 4 618a-618c shall apply mutatis mutandis to the person accompanying the witness, if the witness was unable to appear on the summons of the court or body conducting the preparatory proceedings without the care of that person.
Art. 618e. [ Excluding the application of provisions to a witness employed in the authority of a public authority] Art. 618a-618c shall not apply to a witness employed in the authority of a public authority, if he has been appointed to testify in connection with this employment. In this case, the witness shall be entitled to a claim on the basis of the rules governing the amount and the conditions for determining the entitlements of the employee employed in the State or local government unit of the budget sphere from the title of the a business trip within the country.
Art. 618f. [ Remuneration for experts and specialists who are not officers of the procedural authorities] § 1. The expert and the non-member of the procedural bodies appointed by the court or body responsible for the preparatory proceedings shall be entitled to remuneration for the work carried out and reimbursement of the expenses incurred by them for the issue of the work carried out by the court or by the competent authority. opinions.
§ 2. The amount of the remuneration for the work carried out by the expert and the specialist who is not an officer of the procedural bodies shall be determined taking into account the required qualifications required for the issuing of the opinion of the time and effort, and the amount of the expenditure referred to in § 1-on the basis of a complex account.
§ 3. The fees for experts shall be calculated at the rate of pay per hour of work or by the flat-rate fare specified for each category of experts because of the field in which they are specialists. The basis for calculating the hourly pay rate and the flat rate is a fraction of the base amount for the persons occupying the positions of the State position, the amount of which shall be determined by the budget law.
§ 4. The remuneration of an expert and a non-member of the procedural bodies, who are taxable persons required to settle the tax on goods and services, shall be increased by the amount of the goods and services tax, determined in accordance with the rate of that tax. in force on the day on which the remuneration is to be made.
§ 4a. If the opinion is false, the remuneration and the reimbursement of any costs incurred by the expert in drawing up or submitting it shall not be entitled.
§ 4b. If the opinion is unreliable or if it has been drawn up or made up with a substantial unjustified delay, the remuneration shall be reduced accordingly; it may also be waived for the payment of any remuneration or reimbursement of any costs incurred by the expert in drawing up or submitting it.
§ 5. The Minister for Justice shall determine by way of regulation the rates of remuneration of the experts for the work carried out and the flat-rate fees referred to in paragraph 3 with a view to the work and the qualifications of the expert and the level of remuneration obtained by the workers carrying out similar occupation, the degree of complexity of the issue that is the subject of the opinion, and the conditions under which an opinion has been drawn up, as well as a way of documenting the expenditure necessary for the issuing of an opinion.
Art. 618g. [ Application of art. 618a to an expert, interpreter and a specialist who is not an officer of the procedural bodies.] An expert, interpreter and non-officer of the procedural bodies appointed by the court or the body of the preparatory proceedings shall apply mutatis mutandis to the expert or the non-official of the procedural authorities. 618a. This shall also apply where the court or body of the preparatory proceedings has not made use of the services of such expert, interpreter or specialist.
Art. 618h. [ Repayment of lost earnings or income to an expert, interpreter and non-officer of the procedural bodies] § 1. The expert, interpreter and non-member of the procedural bodies called by the court or body conducting the preparatory proceedings shall, in the event of failure to use their services, be entitled to a refund of the earnings lost or of income.
§ 2. The remuneration for the lost earnings or income shall be granted to the expert, translator and non-member of the procedural bodies, taking into account their qualifications and the time spent in connection with the call. The provisions of Article 4 618b § 3 and 4 shall apply mutatis mutandis.
Art. 618i. [ Right to a single reimbursement] Where the expert or expert who is not an officer of the procedural authority is running, the competent authority shall be asked by the competent authority in several cases for the same day, reimbursement of travel expenses, accommodation, maintenance at the place of performance of the duties. proceedings, loss of earnings or income on account of the call of the authority shall be granted to them only once.
Art. 618j. [ Amount of claims] The party's receivables in connection with its participation in the proceedings shall be granted in the amount provided for witnesses.
Art. 618k. [ Application for receivables] § 1. Claims referred to in Article 618a, art. 618b, art. 618d and art. 618f-618h, admits on request.
§ 2. An application for the granting of the duties referred to in § 1 shall be made orally to the minutes or in writing, within a time period of 3 days from the date of termination of the activity involving the person entitled to these claims, and in the case of the person referred to in art. 618d-with the participation of the witness, to whom she was accompanied.
§ 3. The claim for recovery referred to in paragraph 1 shall expire within 3 years from the date on which that claim was established.
§ 4. The witness, the person accompanying him, the expert, the translator and the specialist who is not the officer of the procedural bodies should be advised of the right and the manner in which the application for reimbursement is made and of the consequences of failure to comply with the time limit indicated in § 2.
Art. 618l. [ Grant of receivables by the court or body conducting the preparatory proceedings] § 1. The duties of a witness, an accompanying person, an expert, an interpreter, and a specialist who is not an officer of the procedural bodies shall be determined and shall be awarded by the court or body conducting the preparatory proceedings.
§ 2. The claim must be paid immediately. In the absence of such a possibility, the charge shall be transferred to the postal or bank transfer without charge of the person entitled to the payment of the postal fee or the cost of the transfer.
Article 619. [ Payment of costs] § 1. If the Act does not provide otherwise, any expenditure shall be interpreted temporarily by the State Treasury.
§ 2. The costs of mediation proceedings are borne by the State Treasury.
§ 3. The State Treasury shall also bear the costs related to the participation in the proceedings of the interpreter to the extent necessary to ensure that the defendant has his rights of defence.
Article 620. [ Expenses related to the establishment of a defender or proxy] Expenditure relating to the establishment of a defender or a proxy shall be interpreted by the party which established it.
Article 621. [ Payment of the flat rate of expenditure] § 1. The private prosecutor shall lodge with the indictment or with a statement of attachment to the pending proceedings or to maintain the charge from which the prosecutor waives, proof of the payment of the lump sum of expenditure to the judicial office of the court. This lump sum does not cover the costs referred to in Article 4. 618 § 1 points 5 and 11.
§ 2. The Minister of Justice, in agreement with the Minister responsible for public finance, shall determine, by way of regulation, the amount of the flat-rate expenditure, bearing in mind the average costs of the proceedings and the principle of access to the court.
Article 622. [ Reimbursement of expenses] In proceedings against a private prosecution in the event of reconciliation of the parties prior to the initiation of the trial wire, the conditional redemption of the proceedings, the redemption of the proceedings due to the insanity of the perpetrator or the negligible social harm of the act or because of the the statement of the alleged offence of a criminal prosecution, a change in the law enforcement mode because of the prosecutor's connection to the proceedings initiated by the private prosecutor and the termination of the proceedings in the public-cargout mode- The President of the Court or of the Court of Justice shall manage the reimbursement of the private prosecutor of lump sum expenses in full, and in the middle-in case of reconciliation of the parties after the beginning of the court wire.
Chapter 69
Exemption from judicial costs
Article 623. [ Conditions for the exemption of cost allocation] The court or referendary of the court shall release the person, in whole or in part, from the payment of the costs to be paid in the application of the pleadings, if it has shown that, by reason of his or her family situation, the property and the amount of his income, he or she shall lay down the costs of the pleadings concerned. would be too burdensome.
Article 624. [ Conditions for exemption from payment of costs] § 1. The Tribunal may release the accused or the auxiliary prosecutor in whole or in part from payment to the Treasury of the costs of the court, if there are grounds to consider that the payment of them would be too onerous for them due to the family situation, wealth and income, as well as when the reasons for fairness speak for this.
§ 2. The provision of § 1 shall apply mutatis mutandis to a private prosecutor in case of a case of a case without retaining the requirements laid down in art. 621 § 1.
Article 625. [ Exclusion of costs from soldiers] In the event of a conviction or conditional remission of proceedings against a soldier acting as a military service or serving as a candidate for a professional soldier, the State Treasury shall not be charged with the Treasury for legal expenses.
Chapter 70
Cost of the process
Article 626. [ judgment on costs of proceedings] § 1. In the decision closing the proceedings the court shall determine who, in what part and extent shall bear the costs of the process.
(2) If, in the judgment referred to in paragraph 1, no settlement of costs is provided and where there is a need for an additional fixing of the costs or of a decision on the costs of the enforcement proceedings, the decision on the matter shall give a decision on the the court of first instance, the court of appeal, as well as the additional fixing of the amount of the costs, as well as the judicial referendary of the competent court.
§ 3. The decision on the costs shall serve to cause a complaint if an appeal has not been lodged. In the event of appeals and complaints-the complaint will be recognised by the appeal court together with the appeal.
Art. 626a. [ The complaint to the prosecutor's order] A complaint against the order of the prosecutor or any other body conducting the preparatory proceedings concerning the costs shall be requested, as appropriate, to the public prosecutor of the prosecutor who issued the order, or to the procurator responsible to the prosecutor's office. the supervision of preparatory proceedings carried out by another body. If the prosecutor doesn't come to the complaint, he's going to court.
Article 627. [ Costs incriminating convicted in cases of public prosecutions] From convicted in public prosecutions, the court has ordered court costs for the State Treasury and expenses for the prosecution of the auxiliary prosecutor.
Article 628. [ Charges to be charged in cases of private prosecutions] From the convicted private prosecutor's case, the court is in favour of:
1) the private prosecutor of the expenses incurred by him;
2) Treasury expenditure determined on the basis of art. 618 from whom the accuser has been released or, in the event of a case being identified without payment, has been granted.
Article 629. [ Relevant application of the provisions] The provisions of Article 4 627 and 628 shall apply mutatis mutandis in the event of conditional redemption of the proceedings and, in cases of private prosecution, also in the event of redemption of the proceedings under Article 6 (2) of the Rules of Procedure. 17 § 1 point 3.
Article 630. [ Contribution of expenditure by the State Treasury] In cases of public prosecution, if the accused were not convicted of all the offences alleged to him, the expenses related to the prosecution in the part of the acquittal or the dead proceeding shall be borne by the State Treasury.
Art. 631. [ Partial Process Chargeback] In cases of private prosecution, in the event of withdrawal from the imposition of a penalty on the basis of the reciprocity of the harm or the sentencing of the conduct of the private prosecutor, as well as taking into account the number and type of allegations from which the defendant was charged acquitted, the court may charge the accused incurred by the prosecutor with the costs of the trial only partially.
Article 632. [ Payment of costs in the event of an acquittal of the accused or a remission of the proceedings] If the Act does not provide otherwise, in the event of acquittal of the accused or the cancellation of the proceedings, the costs of the trial shall bear
1) [ 8] in cases of private prosecution, a private prosecutor and, in the event of reconciliation of the parties, the prosecutor and the defendant in so far as he or she is concerned, if the parties in the agreement concluded did not otherwise regulate it;
2) in cases of public accusation-the State Treasury, with the exception of receivables due to the participation of a lawyer in the capacity of a plenipotentiary, a prosecutor of a meal or other person.
Art. 632a. [ Payment of the costs by the accused or the State Treasury in the event of redemption of the proceedings or of the acquittal] § 1. In exceptional cases, in the event of cancellation of the proceedings, the court may rule that the costs of the trial shall be borne in whole or in part accused, and in cases of private prosecution of the accused or the State Treasury.
§ 2. In the event of the acquittal of the accused or the remission of the proceedings, the court shall rule that the costs of the trial shall be borne in whole or in part by the accused if:
1) the accused has directed against himself the suspicion of committing a criminal act;
(2) the concealment of the accused contributed to the statute of limitations of the criminality of the alleged act;
3) umorzono against the defendant's proceedings under the art. 11 § 1.
Art. 632b. [ Reimbursement of claims for the appointment of a single proxy] If, in the cases referred to in Article 632 item 2, the reasons for the write-off created in the course of the proceedings, the court may rule from the State Treasury reimbursement of claims for the establishment of one representative.
Article 633. [ Cost of costs from several participants] The costs of a trial involving a number of defendants or private or auxiliary prosecutors, as well as those of the accused and the plaintiffs, are based on each of them under the principles of fairness, in particular with regard to the costs of the case of each of them.
Art. 634. [ Costs of Appeals] If the provisions of the Act do not provide otherwise, the costs of the process for appeals against decisions terminating proceedings in the case have the appropriate application of the provisions on costs for the proceedings before the court of first instance.
Article 635. [ Rules for the determination of costs] Irrespective of who has lodged an appeal, if there is a change in the conviction or the decision on the conditional redemption of the proceedings for the disadvantage of the accused, the costs of the trial for appeals shall be determined on a general basis.
Art. 636. [ Concurrence of costs triggered by the appeal of the appeal] § 1. In cases of public prosecution, in the event of failure to take account of the appeal measure, brought solely by the accused or the auxiliary prosecutor, the costs of the trial for appeals shall be borne by the general principles of the person who brought the measure. appeals, and if the measure originates only from the public prosecutor-the costs of the process for the appeal proceedings shall be borne by the State Treasury.
§ 2. In the event of any failure to take account of appeals brought by at least two eligible entities, Article 4 (1) shall apply mutatis mutandis. 633.
§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis in cases of private prosecutions.
Art. 637. [ Chargeback for withdrawal of appeal] § 1. The provisions of Article 4 635 and 636 shall apply mutatis mutandis in the event of the revocation of the appeal measure without recognition of its revocation or for the reasons set out in the Article. 430.
§ 2. In the event of the withdrawal of the application for prosecution, the costs of the proceedings may be ordered to the person who has withdrawn the application.
Art. 637a. [ Relevant application of the provisions] The costs of the cassation proceedings shall be subject to the costs of the appeal proceedings, unless otherwise provided for in the Act.
Article 638. [ Cassation Expenses] The expenses incurred by the court in connection with the recognition of the cassation brought by the entities listed in Article 521 or the resumption of the proceedings of the office, shall be borne by the State Treasury.
Article 639. [ Costs in Resume Matters] The rules on the costs of the process shall apply in cases for the resumption of proceedings. In the event of a dismissal of the application or leaving it without recognition, the obligation to cover the costs shall be borne by the person who submitted the application.
Article 640. [ Charging costs for the auxiliary prosecutor] § 1. The provisions relating to the costs of the trial in cases of private prosecution have the appropriate application in cases of public prosecutions, in which the indictment brought an auxiliary prosecutor's file.
(2) The Court of First Instance shall not have the effect of reimbursing the expenses referred to in Article 4 from the accuser of a meal. 618, in excess of the amount of the flat-rate amount of expenditure determined on the basis of the Article 621 § 2.
Article 641. [ Expiration of the right to a collection of costs] The right to collect the cost of the process of the process expires at the end of the 3 years from the date when it was due to be paid.
Chapter 71
(repealed)
Article 642. (repealed)
CHAPTER XV
Criminal proceedings in cases subject to the case-law of the military courts
Chapter 72
General provisions
Art. 646. [ Mode of conduct in cases governed by the case law of the military courts] In cases governed by the case law of the military courts, the provisions on private carcase, order and expedited procedure shall not apply. In addition, the provisions of the previous headings shall apply, unless otherwise provided for in the provisions of the chapter.
Article 647. [ Cases subject to the case law of the military courts] § 1. The case law of the military courts is subject to the following cases:
1) soldiers in active military service of crime:
(a) as defined in Chapter XXXIX-XLIV of the Penal Code,
(b) committed against a military authority or other soldier,
(c) committed during or in connection with the duty of official duties, within the military facility or the designated place of residence, to the detriment of the military or in violation of the obligation arising from the military service,
d) committed abroad, during the use or residence of the Armed Forces of the Republic of Poland outside the State, within the meaning of the Act of 17 December 1998. the principles of the use or residence of the Armed Forces of the Republic of Poland outside the State (Dz. U. of 2014 items 1510);
2) the employees of the military for criminal offences:
(a) as defined in Article 356-363 of the Penal Code in connection with art. 317 § 2 of this Code,
b) committed abroad, during the use or residence of the Armed Forces of the Republic of Poland outside the State, within the meaning of the Act of 17 December 1998. the rules of use or residence of the Armed Forces of the Republic of Poland outside the State;
3) soldiers of the armed forces of foreign states residing in the territory of the Republic of Poland, and members of their civil personnel, for offences committed in connection with the full duties of official duties, unless the international agreement, of which The Republic of Poland is a party, it provides otherwise.
§ 2. Cases of offence referred to in § 1 shall not cease to be subject to the case law of the military courts in spite of the dismissal of a soldier from active military service or the termination of employment of an employee in the military.
§ 3. In the event of dismissal of a soldier from the active military service or the termination of employment of an employee in the military, the case referred to in § 1 point 1 lit. b or d, and-if the offence does not entail a breach of duty-in § 1 point 2 letter b, the military court, at the latest by the date of commencation of the court wire at the main hearing, may refer to the general court for recognition if the good of the judiciary does not oppose it.
§ 4. (repealed)
§ 5. The decision on the transfer of a case pursuant to paragraph 3 shall be entitled to a complaint.
Art. 648. [ Other cases governed by the case law of the military courts] The case law of the military courts shall also be subject to the following cases:
1) co-operation in the commission of crimes specified in the chapters of XXXIX-XLIV of the Penal Code;
2) the offences referred to in art. 239, 291-293, as well as in art. 294 in relation to Article 291 § 1, penal code-if the act remains in connection with the criminal offence provided for in chapters XXXIX-XLIV of this Code;
3) other offences, as long as the special provisions so constitute.
Article 649. [ Total judgment of cases by the military court] § 1. If the perpetrator of a criminal offence is also a criminal offence subject to the caselaw of the ordinary courts, and the offences remain in such a relationship that the good of the judiciary requires a collective offence to recognize, recognize them as a military court.
§ 2. The provision of Article 1 shall apply mutatis mutandis in the preparatory proceedings.
Article 650. [ Transmission of the case to the general court] § 1. If, in the case against two or more of the accused, the military court would not have jurisdiction to hear it in full either because of the nature of one of the acts or because of the person of one of the defendants, and the good of the judiciary requires it, the military court can identify the matter together or pass it on to the general court for that purpose.
§ 2. (repealed)
§ 3. The transfer shall not take place if the case relates to a criminal offence referred to in Article 4. 647 § 1 point 1 lit. a or c or point 2 (a) a and in art. 648 point 1.
§ 4. The decision on the transfer of a case pursuant to paragraph 1 shall be subject to a complaint.
Article 651. [ Property of local military court] § 1. In cases of criminal offences referred to in Article 647 § 1 (1) and (2) of the judgment of the military court, including its property, the military unit in which the soldier was serving a military service or the employee was employed.
§ 2. The property of the military court on grounds of belonging to a military unit shall be determined at the time of the initiation of criminal proceedings against him.
§ 3. (repealed)
Article 652. [ Military Courts] In cases falling within the jurisdiction of the military courts, they shall rule according to the scope of the jurisdiction:
1) a military garrison court;
2) a military district court;
3) Supreme Court-The Military Chamber.
Article 653. [ Property property of military garrison court] § 1. The military garrison court adjudicated in the first instance in all cases, except for cases passed by the law to the jurisdiction of another court.
§ 2. In the cases referred to in the military law, the garrison court shall also recognize in the scope of its jurisdiction the appeals against decisions and orders issued in the preparatory proceedings.
§ 3. The military garrison court shall have, in addition, the powers and procedural obligations which the district court is entitled to in the proceedings before the general courts.
Article 654. [ Property Property of Military District Court] § 1. A military court adjudicates at first instance in criminal cases:
1) committed by soldiers holding a degree of major and higher;
2) subject to the proceedings before the courts of the general jurisdiction of the district court and referred to in art. 339 § 3 and art. 345 § 3 and 4 of the Penal Code;
3) committed by soldiers and civilian staff members referred to in art. 647 § 1 point 3;
4) other on the basis of specific provisions.
§ 2. In the preparatory proceedings, the subject of temporary arrest in relation to the soldiers referred to in § 1 point 1, as well as to the soldiers of the armed forces of foreign states and members of their civilian staff, as referred to in § 1 (3), adjudication single-person military district court.
§ 3. The military district court also recognizes appeals against decisions and orders issued in the first instance in the military garrison court and in the cases indicated in the Act and with the observance of the limits indicated in § 1-from the decisions and orders issued in the preparatory proceedings.
§ 4. The military district court also recognizes the cases provided for a higher court order over the military garrison court and other cases provided to him by the Act.
§ 5. The military court shall have, in addition, the powers and duties of a trial which, in the proceedings before the ordinary courts, shall be entitled to a district court.
Art. 655. [ Property of Supreme Court of First Instance] § 1. Supreme Court-The Military Chamber recognizes:
1) appeals against decisions and orders issued in the first instance in the military district court;
2. casations;
3) the cases provided by this Code for a higher court order over the military district court;
4) other cases provided by the Law to the Supreme Court.
§ 2. Rules of Art. 39 and art. 439 § 1 point 3 shall apply mutatis mutandis to the decisions of the Military Chamber and the Chamber of the Supreme Court of the Supreme Court. In the case referred to in Article 439 (1) (3) resolves the Supreme Court in that of the Chambers whose decisions are appealed against.
Article 656. [ Property gear] § 1. In the case of two or more defendants, belonging to the jurisdiction of military courts of the same order, a military court adjudicated for a criminal offence punishable by the strictest punishment. If the jurisdiction thus cannot be determined, the case shall be recognized by the military court in which the proceedings were first initiated.
§ 2. However, if the case is in the jurisdiction of military courts of various orders, it shall be recognized by the court of higher order.
Article 657. [ Deputy for Military Affairs] § 1. The Procurator General's procedural rights shall also be entitled to the Deputy Prosecutor General for Military Affairs, unless otherwise provided by the Act, and the District Attorney's powers shall be entitled to the Deputy Prosecutor of the District Attorney General. Military cases
§ 2. If this Code speaks of a public prosecutor or a prosecutor, this should be understood by the public prosecutor of the public prosecutor's office.
§ 3. Article Article § 45 § 2 does not apply.
§ 4. If this codex speaks of a military prosecutor, then this should be understood by the public prosecutor of the general public prosecutor's office in an organisational cell for military affairs.
Article 658. [ Prosecution of criminal offences at the request of the commander of the military unit] § 1. The military prosecutor shall refuse to initiate proceedings for a criminal offence to be prosecuted at the request of the military unit commander if the perpetrators have already been subject to the measures provided for in the military disciplinary rules.
§ 2. This is not the case in which a request for prosecution shall be submitted by a higher commander after the revocation of the disciplinary penalty or the military prosecutor shall exercise the powers provided for in the Article. 660.
§ 3. Article Article 12 § 3 shall not apply to the request of the commander of the military unit or of the Supreme Commander's request.
Article 659. [ Powers of the military unit commander] § 1. In cases of criminal offences, at the request of the commander of a military unit, the powers of the victim or of the institutions referred to in Article 4. 306, and in the case provided for in Article 330 § 2-also referred to in art. 55 § 1, shall be entitled to that commander.
§ 2. The powers and duties of the military unit's commander shall be entitled to the head of the civil institution, respectively, in which the soldier shall serve as a military service.
Article 660. [ Initiation of proceedings by the prosecutor] § 1. A military prosecutor may initiate criminal proceedings for a criminal offence on the request of a military unit commander, including without a request, if the important reasons for military discipline so require.
§ 2. The commanders of the unit, and in the case referred to in art. 347 § 1 of the Penal Code also to the victim, the order of the prosecutor shall be entitled to complaint to the court competent to hear the case.
§ 3. The provisions of paragraph 2 shall not apply if only in the course of legal proceedings it is found that the act is exhaustition of a criminal offence, at the request of the commander of the military unit.
Article 661. [ Prosecution of private carriage offences] § 1. The offence pursued by a private prosecutor shall become the subject of a complaint by the victim of a criminal offence.
§ 2. The military prosecutor may also institute proceedings for a criminal offence against a private prosecution, if the social interest is required.
§ 3. The prosecutor's order shall be entitled to a complaint to the court competent to identify the case.
§ 4. At the request of the victim, filed before the final completion of the proceedings initiated pursuant to § 1, the proceedings in the case shall be terminated, unless the social interest is opposing it; in the case of application after the beginning of the court line in In addition, the defendant's consent is necessary.
Article 662. [ Data of the accused soldier] § 1. The accused soldier, in addition to the data referred to in art. 213, there is also data on the conduct of military service, distinctions and disciplinary punishments.
§ 2. The powers and duties of a professional court curator shall be entitled to a military social curator, as appropriate.
§ 3. The Minister of National Defence in consultation with the Minister of Justice will determine, by way of regulation, the way of appointing and the scope of activities of military social curators, bearing in mind the conditions of functioning of the Armed Forces of the Republic of Poland Polish and military service requirements.
Chapter 73
Coercive measures and preparatory proceedings
Article 663. (repealed)
Article 664. [ Suspect Stop] The right of detention of a suspected person subject to the jurisdiction of the military courts shall be entitled, under the conditions laid down in Article 244, also the military supervisors and the military authorities.
Art. 665. [ Notice of the commander in detention] § 1. The detention of a soldier or an employee of the military shall be immediately notified to the commander of the military unit in which the soldier is in service and the staff member is employed, including when he is not requested to do so.
§ 2. If the detention of a soldier under the conditions laid down in art. 244 § 1 took place in connection with a reasonable presumption of a criminal offence, at the request of the commander of a military unit, the detainee should be released immediately upon the command of the authorized commander, unless the higher commander or The military prosecutor is opposed to this.
Article 666. [ Temporary arrest of a soldier] § 1. The temporary arrest of a soldier accused of committing a criminal offence referred to in art. 338 § 1, art. 339, 341 § 1, art. 343 § 2, art. 345, 352 and 358 (2) of the Penal Code may exceptionally take place even if there is a legitimate concern that the accused will again commit one of these offences.
§ 2. Article 1 shall apply mutatis mutandis to other preventative measures.
Article 667. [ Objectives of the preparatory action] The purpose of the preparatory proceedings shall also be to collect the data referred to in Article 4. 662 § 1.
Article 668. [ Investigation] § 1. An investigation is conducted in cases of crimes, and in other cases, when the weight or the intricacess of the case is required.
§ 2. Forwards in accordance with art. 334 § 2 Military prosecutor instructor of the accused and of the victim, who is not a soldier, is also about the right to file an application referred to in art. 669 § 2 and 2a.
Chapter 74
The proceedings before the court
Article 669. [ Ławnica] § 1. The jury must not be a soldier who has a lower military degree than the accused of active military service. This restriction shall not apply if the juror has a brigade's rank or contradmirale.
§ 2. In the case of a crime, at the request of the accused filed within 7 days of service of the defendant's notification to the military prosecutor of the transfer of the indictment to the military court with the instructions referred to in art. 668 § 2, the President of that court, if there is no accident provided for in Article 28 § 3, designates to the formation of the adjudicatory instead of the jurors of the soldiers-jurors of the general court.
§ 2a. Article 2 shall apply mutatis mutandis at the request of the victim of a non-soldier; in the case referred to in Article 4. 55 § 1 of the application is attached to the indictment.
§ 3. The Minister of Justice in consultation with the Minister of National Defence will determine, by means of a regulation, the way of dealing with matters related to the participation of the jurors of the common courts in the warehouses of the adjudicatory military courts referred to in § 2, Having regard to the need to ensure proper interaction between the Presidents of the military and general courts in appointing jurors to the formation of the adjudicatory.
Art. 670. (repealed)
Article 671. [ Protector] § 1. The participation of the defender in the main trial against a soldier serving an essential military service or serving as a candidate for a professional soldier shall be compulsory before all military courts.
§ 2. The participation of the defender in the main trial is mandatory before all military courts in the case against a soldier charged with a criminal offence committed in connection with the performance of his official duties outside the state.
§ 3. The participation of the defender in the session of the military court against the persons mentioned in § 1 and 2 is obligatory also in the cases provided for in Art. 339 § 1 points 2 and 3.
§ 4. The participation of the defender in the main trial against any other defendant than that mentioned in § 1 shall be mandatory before the military district court, if there is an accident as provided for in art. 654 § 1 point 2.
§ 5. In the cases referred to in paragraphs 1 to 4, Articles 1 to 4 shall apply mutatis mutandis. 81.
Article 671a. (repealed)
Article 672. [ Grounds for judgment] The military court of first instance shall draw up the reasons for the judgment of its own motion; this shall not apply to the judgment which takes account of the conclusions referred to in Article 335 § 1 or 2 and Art. 387.
Art. 672a. [ The right to lodge a cassation by the Deputy Attorney General for Military Affairs] The cassation referred to in Article 521, to the House of Supreme Court of the Supreme Court may also bring the Deputy Prosecutor General for Military Affairs.
Article 673. [ Adjudication on the resumption of proceedings] On the issue of resumption of proceedings, the court shall rule in the composition of three judges of the military district court, and in cases terminated by that court or the Supreme Court-the Military Chamber of the Supreme Court.
Chapter 75
(repealed)
Article 674. (repealed)
[ 1] On the basis of the judgment of the Constitutional Court of 10 June 2008. (Journal of Laws No 107, pos. 686) art. 263 (3), in so far as the maximum application of the provisional arrest until the first sentence of the first instance by the court of first instance does not count, in so far as the two-year period of maximum application of the provisional arrest is not included in the periods in which the provisional detention In order to extend the application of the provisional arrest for a period of more than two years by a court of first instance on a general basis, it is incompatible with Article 1 of the Rules of Law of the European Union. 41 par. 1 in connection with art. 2 and Article 45 par. 1 Constitution of Poland. Article 263 (3) in the abovementioned The extent to which it expired on 23 June 2008.
[ 2] On the basis of the judgment of the Constitutional Court of 20 November 2012. (Journal of Laws pos. 1327) art. 263 § 7, in so far as it does not explicitly specify the conditions for the extension of the temporary arrest after the first instance of the first instance in the case, is not compatible with the Article. 41 par. 1 in connection with art. 31 par. 3 and Art. 40 in connection with art. 41 par. 4 Constitution of Poland. Article 263 (7) in the abovementioned the extent of which expired on 28 November 2012.
[ 3] On the basis of the judgment of the Constitutional Court of 27 October 2015. (Journal of Laws pos. 1788) art. 464 § 2 in conjunction with art. 464 § 1 in so far as it does not guarantee the suspected (defendant) or his legal counsel to take part in the court hearing the complaint against the order for a preventive measure other than provisional arrest, as well as Whereas a complaint concerning a property security is incompatible with the provisions of Article 4 (1) of the Treaty on the 45 par. 1 in connection with art. 42 par. 2 and Art. 31 par. 3 Constitution of Poland. Article 464 (2) of the abovementioned The extent of the loss of power on 4 November 2015
[ 4] On the basis of the judgment of the Constitutional Court of 21 June 2016. (Journal of Laws pos. 1243) art. 526 § 2 in so far as it excludes the possibility of drawing up and signing a cassation on its own by a lawyer or legal counsel, it is incompatible with the art. 45 par. 1 Constitution of Poland. Article 526 (2) of the abovementioned The extent of which expired on 16 August 2016.
[ 5] Currently, the minister competent for foreign affairs on the basis of art. 4 par. 1, art. 5 points 27 and Art. 32 of the Act of 4 September 1997. about the departments of government administration (Dz. U. of 2016 r. items 543; ost. zm.: Dz. U. of 2016 r. items 1250).
[ 6] On the basis of art. 4 par. 2 of the Act of 16 September 2011. on the amendment of the Act-Code of Criminal Procedure, the Law on the Prosecutor's Office and the Act on the National Criminal Register (Journal of Laws No. 240, item. 1430) provided for in art. 611t § 5 point 1 of the exception from the obligation to obtain the consent of the convicted to the transfer shall not apply to the rulings issued before 5 December 2016. to a Polish citizen.
[ 7] On the basis of art. 4 par. 2 of the Act of 16 September 2011. on the amendment of the Act-Code of Criminal Procedure, the Law on the Prosecutor's Office and the Act on the National Criminal Register (Journal of Laws No. 240, item. 1430) provided for in art. 611tk § 1 point 3 lit. a) the exception to the obligation to obtain the consent of the convicted to the transfer shall not apply to the rulings issued before 5 December 2016. to a Polish citizen.
[ 8] On the basis of the judgment of the Constitutional Court of 23 May 2005 (Journal of Laws No 96, pos. 821) art. 632 point 1, in so far as in the case of private prosecution, in the event of the waiver of criminal proceedings on the grounds of the statute of limitations of criminal proceedings, the costs of the compulsory process are to be borne by the private prosecutor, contrary to Article 3 (1) of the Statute. 2, art. 32 par. 1 and Art. 45 par. 1 Constitution of Poland. Article 632 (1) in the abovementioned The extent to which it expired on 2 June 2005.
