DZ U Tłum GB 1997 NR 89 Poz 555

The Code of Criminal Procedure
z dnia 6 czerwca 1997 r. (Dz.U. tłum. gb Nr 89, poz. 555)
version 2019
Division I. Introductory provisions.
Art. 1. Scope of application. Criminal proceedings in cases under the jurisdiction of courts are conducted pursuant to the
provisions of this Code.
Art. 2. Aims of proceedings, principle of material truth.
§ 1. The provisions of this Code are to ensure that in the course of criminal proceedings:
1) the offender is identified and called to criminal responsibility, and that such responsibility is not imposed on an innocent
person,
2) by the correct application of measures provided for by criminal law, and by the disclosure of the circumstances that
facilitated the commission of the offence, the aims of criminal procedure are fulfilled not only in combating the offences, but
also in preventing them, as well as enhancing the rule of law and the principles of social co-existence;
3) legally protected interests of the aggrieved party are taken into consideration, with due respect for his or her dignity, and
4) the case is resolved within a reasonable period of time.
§ 2. The decisions can be based exclusively on actual established facts.
Art. 3. Participation of community representative. Within the scope set forth by the law, criminal proceedings are con-
ducted with the participation of a representative of the community.
Art. 4. Principle of objectivism. Authorities conducting criminal proceedings are obliged to examine and take into consider-
ation the circumstances both for and against the accused.
Art. 5. Presumption of innocence.
§ 1. The accused is presumed to be innocent until his guilt is proven and affirmed by the final judgment of the court.
§ 2. Irresolvable doubts are resolved exclusively in favour of the accused.
Art. 6. Right of defence. The accused has the right to defend himself, including the use of a defence counsel. The accused
should be advised of this right.
Art. 7. Principle of free appraisal of evidence. The authorities in charge of the proceedings form their convictions on the
basis of evidence gathered and appraised at their own discretion, with due consideration given to the principles of sound
reasoning and life experience.
Art. 8. Principle of independence of jurisdiction.
§ 1. The criminal court determines, at its own discretion, the factual and legal matters and is not bound by the determinations
of another court or authority.
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§ 2. The valid determinations of a court establishing rights or legal relationships are nevertheless binding.
Art. 9. Ex officio proceedings.
§ 1. The judicial authorities carry out proceedings and undertake actions ex officio unless, by virtue of the law, a complaint
from a specified person, institution, or authority, or a permission from an authority is required.
§ 2. The parties and other directly interested persons may request the performance of also these actions which the authorities
may or are obliged to undertake ex officio.
Art. 10. Principle of legalism.
§ 1. With respect to an offence prosecuted ex officio, the authority responsible for the prosecution of offences is obliged to
institute and conduct preparatory proceedings, and the public prosecutor is moreover obliged to bring and support charges.
§ 2. Except for the cases mentioned in the law or in international law, no one can be discharged from liability for an offence
committed.
Art. 11. Discontinuation in view of penalty imposed for another offence.
§ 1. The proceedings concerning a summary offence punishable by a penalty of imprisonment for up to five years may be
discontinued, if the imposition of the penalty on the offender would be obviously purposeless in view of a penalty validly
decided for another offence and provided that such a discontinuation is not contrary to the interest of the aggrieved party.
§ 2. If the penalty for the other offence has not yet been decided by a final judgment, the proceedings may be suspended. The
suspended proceedings should be discontinued or resumed within three months of the date at which the judgment concerning
the other offence referred to in § 1 became final.
§ 3. Proceedings discontinued pursuant to § 1 may be re-opened in case of an annulment or a substantial change of the final
court judgment for which they were discontinued.
Art. 12. Prosecution on complaint.
§ 1. In cases concerning offences prosecuted on complaint, after the complaint is filed proceedings are conducted ex officio.
The prosecuting authority advises the person entitled to file a complaint of his right to do so.
§ 2. If a complaint has only been filed against specific offenders, it is also obligatory to prosecute any other persons whose
acts are closely linked with the act of the person indicated in the complaint. The person filing the complaint should be made
aware of this. These provisions do not apply to the next of kin of the person filing the complaint.
§ 3. The complaint may be withdrawn during preparatory proceedings with the consent of the public prosecutor. During court
proceedings, the complaint may be withdrawn with the consent of the court before the commencement of the trial at the first
hearing. The complaint cannot be filed again.
Art. 13. Permission of state authority. If, according to the law, an offence may be prosecuted only subject to the permission
of state authority, a duty to obtain such permission rests on the prosecutor.
Art. 14. Principle of accusatorial procedure.
§ 1. Court proceedings are instituted upon request from an authorised prosecutor or from another authorised entity.
§ 2. The public prosecutor may withdraw the indictment until the commencement of judicial proceedings at the first main
trial. In the course of judicial proceedings before the court of first instance the withdrawal of the indictment is permissible
only with the consent of the accused. A repeated submission of the indictment against the same person for the same offence is
inadmissible.
Art. 15. Police powers.
§ 1. The Police and any other authorities involved in criminal proceedings observe instructions from the court, the court
referendary and the public prosecutor and conduct their investigation or their inquiry under the supervision of the public
prosecutor within the limits set forth by the law.
§ 2. All state and local government institutions are obliged to assist, within the scope of their activity, the authorities
conducting criminal proceedings at the time indicated by said authorities.
§ 3. Legal persons and organisational entities without legal personality other than those listed in § 2, as well as natural
persons, are obliged to assist the authorities conducting criminal proceedings at their request, within the limit and at the time
indicated by said authorities, where the lack of such assistance would significantly hinder the conduct of the proceedings or
make them impossible.
Art. 16. Principle of right to information.
§ 1. If the authority in charge of the proceedings is obliged to instruct the parties to the proceedings of their duties and rights,
the lack of such an instruction or an incorrect instruction may not result in any adverse consequences either to the participant
or any other person concerned with the proceedings.
§ 2. Moreover, the authority conducting the proceedings, if the need occurs, informs the parties to the proceedings of their
rights and duties, even if it is not explicitly required by the law. If, in view of the circumstances, the instruction was
indispensable and the authority failed to give such an instruction or gave an incorrect instruction, the provisions in § 1 apply
accordingly.
Art. 17. Conditions of criminal proceedings.
§ 1. Criminal proceedings are not instituted, or, if previously instituted, are discontinued in cases where:
1) the act has not been committed or there are insufficient grounds to suspect that it was committed,
2) the act does not have the features of a prohibited act or when the law provides that the perpetrator has not committed an
offence,
3) the effects of the prohibited act on society are insignificant,
4) according to the law, the offender is entitled to an absolute discharge,
5) the accused is deceased,
6) the prescribed statute of limitations has expired,
7) criminal proceedings that concern the same act committed by the same person have arrived at a final judgment or, if
previously instituted, are still pending,
8) the offender is not subject to the jurisdiction of the Polish criminal courts,
9) there is no motion from an authorised prosecutor,
10) there is neither a permission required for the prosecution of the act nor a complaint from an authorised person, unless the
law provides otherwise,
11) there exists any other circumstance barring the prosecution of the act.
§ 2. Until a complaint is filed or permission from an authority obtained, which by law constitutes a prerequisite of
prosecution, the authorities conducting the proceedings perform only those actions that are urgent, in order to secure traces or
material evidence or actions that aim to clarify whether the complaint will be filed or permission obtained.
§ 3. The impossibility of attributing guilt to the perpetrator does not preclude proceedings with regard to the application of
preventive measures.
§ 4. The circumstances referred to in § 1 point 4-6 do not preclude forfeiture proceedings referred to in Article 45a § 2 of the
Criminal Code and Article 43a of the Fiscal Criminal Code.
Art. 18. Minor offence, disciplinary offence.
§ 1. If the act constitutes only a minor offence, the public prosecutor, upon refusal to institute proceedings or a discontinuance
thereof, refers the case to the Police in order to file a request for punishment with the competent court. The public prosecutor
is also entitled to file such a request.
§ 2. If, according to the court or the public prosecutor, an act constitutes a disciplinary offence, or an infringement of service
duty or the principles of community life, they may, upon refusal to institute criminal proceedings or discontinuance thereof,
especially if the effects of the act on the society are insignificant, refer the case to another competent authority.
Art. 19. Notifcation.
§ 1. If, in the course of the proceedings, a serious transgression in the activities of a state, local government or community
institution is found and, in particular, if this transgression encourages criminal offences, the court, or in preparatory
proceedings the public prosecutor, informs the organisational unit’s supervisory authority of this transgression and, if
necessary, also its controlling authority. The Police notify the public prosecutor of the identified transgressions.
§ 2. Upon notification of the transgression, the court or the public prosecutor may, within a defined time limit, request
explanations and information about measures applied in order to prevent similar transgressions in future.
§ 3. If no explanation was provided within the prescribed time limit, a maximum fine of 10 000 PLN can be imposed on the
head of the authority obliged to provide such an explanation.
§ 4. The decision to impose a penalty is subject to interlocutory appeal. The interlocutory appeal against the decision of a
public prosecutor is heard by the district court.
Art. 20. Infringement of duties of defence counsel, attorney or public prosecutor.
§ 1. In the event of a flagrant infringement of duties on the part of a defence counsel or an attorney, the court, and in
preparatory proceedings the public prosecutor, notifies the competent regional bar council or the council of the regional
chamber of legal advisors thereof, requesting that the dean provides within a defined time limit of no less than 30 days,
information about measures applied as a result of the notification. A copy of the notification is sent to the Minister of Justice.
§ 1a. If information referred to in § 1 are not provided within the time prescribed, a fine of maximum amount of 10 000 PLN
may be imposed on the dean of the competent council.
§ 1b. The decision to impose a penalty is subject to interlocutory appeal. An interlocutory appeal against a public prosecutor’s
decision in preparatory proceedings should be filed with the district court, in whose judicial district the proceedings were
instituted.
§ 2. In the event of a flagrant infringement of duties on the part of a public prosecutor or an authority conducting preparatory
proceedings, the court notifies thereof a direct superior of the person who committed the infringement, requesting information
about actions taken as a consequence of the notification within a prescribed time limit of no less than 14 days. With regard to
the Police and any other authorities involved in preparatory proceedings such a right is vested also in the public prosecutor.
§ 2a. If the infringement was committed by a public prosecutor, a copy of the notification referred to in § 2 is sent by the court
to the General Prosecutor. If the infringement was committed by a public accuser other than a public prosecutor, it is sent to a
competent authority superior over a direct superior of this accuser.
Art. 21. Notification of initiation and completion of proceedings.
§ 1. Any employees of state, local government and social institutions, as well as pupils, students or soldiers against whom
proceedings are conducted ex officio, shall have their superiors notified immediately of the completion of such proceedings.
§ 2. The public prosecutor also issues a notification about the initiation of proceedings against public officials, and against
other persons referred to in § 1, if the important public interest so requires.
Art. 22. Suspension of proceedings.
§ 1. If a long-lasting impediment arises which renders the proceedings impossible, and in particular, if the accused cannot be
apprehended or cannot participate in the proceedings due to mental illness or any other serious disorder, the proceedings are
suspended as long as such an impediment exists.
§ 2. The decision suspending the proceedings is subject to interlocutory appeal.
§ 3. During the period of suspension, adequate measures are however applied in order to protect evidence against loss or
distortion.
§ 4. If the conditions defined in Art. 45a § 2 of the Criminal Code or Article 43a of the Fiscal Criminal Code are fulfilled,
after the decision suspending the proceedings has become final, the court rules on the forfeiture ex officio, and in preparatory
proceedings - at the request of the public prosecutor. If the accused has no defence counsel, a defence counsel ex officio is
appointed in the proceedings concerning the application of forfeiture.
§ 5. The decision on the forfeiture is subject to interlocutory appeal.
Art. 23. Notification to the family court. In the case of an offence committed to the detriment of a minor, in cooperation
with a minor or in circumstances that might indicate demoralisation of a minor or a demoralising influence over a minor, the
court, and in preparatory proceedings the public prosecutor, notifies the family court for the purpose of considering measures
as prescribed in the provisions concerning proceedings in cases against minors and in the Family and Guardianship Code.
Art. 23a. Mediation.
§ 1. The court or the court referendary, and in preparatory proceedings the public prosecutor or another agency conducting
these proceedings, may - on the initiative or with the consent of the aggrieved party and of the accused - refer the case to an
authorised institution or person for the purpose of conducting mediation between the aggrieved party and the accused. These
persons should be instructed of the above and informed about the objectives and principles of mediation proceedings,
including the contents of Article 178a.
§ 2. Mediation proceedings should not exceed one month and this period is not included in preparatory proceedings.
§ 3. Mediation proceedings cannot be conducted by a person, to whom in a given case apply the restrictions specified in
Articles 40 and 41 § 1, a professionally active judge, public prosecutor, assistant public prosecutor or trainee for any of the
above professions, lay judge, court referendary, judge’s assistant, public prosecutor’s assistant or a functionary of another
institution entitled to prosecute offences. Article 42 applies accordingly.
§ 4. The participation of the accused and the aggrieved party in the mediation proceedings is voluntary. The consent for the
participation in mediation proceedings is taken by the agency referring the case to mediation or by the mediator, after the
accused and the aggrieved party have been informed about the objectives and principles of mediation proceedings and
instructed about the possibility of withdrawing their consent until the conclusion of mediation proceedings.
§ 5. Mediator is granted access to case files in the scope necessary for the conduct of the mediation proceedings.
§ 6. After the mediation proceedings are concluded, a report on results is drawn up by a an authorised institution or person.
Settlement signed by the accused, the aggrieved party and the mediator is enclosed to the report, if it has been executed.
§ 7. Mediation proceedings are conducted in an unbiased and confidential manner.
§ 8. The Minister of Justice shall, by way of a regulation, specify the conditions that must be met by an institution or persons
authorised to conduct mediation proceedings, the way in which such institutions or persons are appointed and dismissed, the
scope and conditions of granting them access to case files, as well as the scope of a report on the results of mediation
proceedings, bearing in mind the need for the efficiency of these proceedings.
Art. 23b. (repealed).
Division II. The court.
Chapter 1. Competence and composition of the court.
Art. 24. District court.
§ 1. In the first instance the district court hears all cases, except those where jurisdiction is granted by law to another court.
§ 2. Moreover, the district court hears any means of appeal in cases specified in the law.
Art. 25. Circuit court.
§ 1. In the first instance, the circuit court hears the cases concerning the following offences:
1) indictable offences indicated in the Criminal Code and in special laws,
2) summary offences indicated in Chapters XVI and XVII and in Art. 140- 142, Art. 148 § 4, Art. 149, Art. 150 § 1, Art. 151-
154, 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 in conjunction with
Art. 294, Art. 284 § 1 and 2 in conjunction with Art. 294, Art. 286 § 1 in conjunction with Art. 294, Art. 287 § 1 in
conjunction with Art. 294, Art. 296 § 3 and Art. 299 of the Criminal Code,
3) summary offences which by force of a special law belong to the competence of the circuit court.
§ 2. At the request of the district court, the court of appeal may refer to the circuit court, as the court of first instance, a case
concerning any offence, because of the particular importance or complexity of that case.
§ 3. Moreover, the circuit court hears appeals from rulings and orders issued by the district court, acting as a court of first
instance, and other matters referred to the circuit court by virtue of law.
Art. 26. Court of appeal. The court of appeal hears appeals from rulings and orders issued by the circuit court, acting as a
court of first instance, and other matters referred to the court of appeal by virtue of law.
Art. 27. The Supreme Court. The Supreme Court examines cassations, means of appeal and other matters specified in the
law.
Art. 28. Panel at the main trial.
§ 1. During a main trial, the court rules in a panel composed of one judge, unless the law provides otherwise. The judge has
the rights and duties of a presiding judge.
§ 2. In cases concerning indictable offences, the court rules in a panel composed of one professional judge and two lay judges.
§ 3. When a case is particularly complex or important, the court of first instance may decide that it be heard in a panel
composed of three professional judges or one professional judge and two lay judges.
§ 4. In cases concerning offences in which the law provides for a penalty of life imprisonment, the court rules in a panel
composed of two professional judges and three lay judges.
Art. 29. Panel at an appeal and cassation trial.
§ 1. At an appeal and cassation trial, the court rules in a panel composed of three professional judges, unless the law provides
otherwise.
§ 2. An appeal or a cassation against a judgment imposing the penalty of life imprisonment is heard by a court composed of
five professional judges.
Art. 30. Panel at a hearing.
§ 1. In a hearing, the court rules in a panel composed of one judge, unless the law provides otherwise or unless, due to a
particular complexity or importance of the case, the president of the court decides that it should be heard in the panel
composed of three professional judges.
§ 2. The court of appeal rules in a hearing in a panel of one professional judge. The court of appeal rules in the panel
composed of three professional judges, if the appealed judgment was issued in the panel other than that composed on one
professional judge or if, due to a particular complexity or importance of the case, the president of the court decides that it
should be heard in the panel composed of three professional judges, unless the law provides otherwise.
Art. 31. Territorial jurisdiction.
§ 1. Jurisdiction over a case belongs to that court in whose judicial circuit the offence was committed.
§ 2. If an offence was committed on a Polish vessel or aircraft and § 1 cannot be applied, jurisdiction over a case belongs to
that court in whose judicial circuit the vessel or aircraft’s home port is located.
§ 3. If the offence was committed in a judicial circuit of more than one court, jurisdiction over the case belongs to that court in
whose judicial circuit preparatory proceedings were first instituted.
Art. 32. Auxiliary criteria.
§ 1. If the location where the offence was committed cannot be established, jurisdiction over the case is vested in the court in
whose judicial circuit:
1) the offence was revealed,
2) the accused was apprehended,
3) the accused resided permanently or temporally, before committing the offence
- depending on where preparatory proceedings were first instituted.
§ 2. The provisions of § 1 apply accordingly to offences committed abroad.
§ 3. If the location cannot be established according to the preceding provisions, jurisdiction is vested in the court for the
district of Śródmieście of the capital city of Warsaw.
Art. 33. Jurisdiction over the accused.
§ 1. If the same person is accused of more than one offence and the cases belong to the jurisdiction of different courts of the
same level, jurisdiction is vested in the court in whose judicial circuit preparatory proceedings were first instituted.
§ 2. If several courts of different levels are competent to hear the case, it is heard by the court of the higher level.
Art. 34. Jurisdiction over aiders, abettors and instigators.
§ 1. The court competent for the perpetrator of a prohibited act is also competent for aiders and abettors, instigators and other
persons, whose offence is closely related with the offence committed by the perpetrator, if the proceedings against them are
conducted simultaneously.
§ 2. Cases concerning persons specified in § 1 should be joint in one common proceeding. Article 33 applies accordingly.
§ 3. If due to some circumstances cases referred to in § 1 and 2 cannot be heard in one common proceeding, cases concerning
certain persons or offences can be tried in a separate proceeding; such a separate case is heard by a competent court in
accordance with general principles.
Art. 35. Court's incompetence.
§ 1. The court examines its competence ex officio and in case of finding itself incompetent, it refers the case to a competent
court or another competent authority.
§ 2. If the court finds out at the main trial that it has no venue or that a court of a lower level is competent to hear the case, it
may refer the case to another court only when it is necessary to adjourn the trial.
§ 3. Decisions concerning competence are subject to interlocutory appeal.
Art. 36. Referral of a case. A court of a higher level than the competent court may refer the case to another court of equal
level, if the majority of persons summoned to the trial reside closer to this court than to the competent court.
Art. 37. Referral of a case. The Supreme Court may, on the initiative of the competent court, refer the case to another court
of equal level if the interest of the administration of justice so requires.
Art. 38. Dispute concerning competence.
§ 1. Disputes concerning competence between two courts of equal level are resolved by a court of a higher level with respect
to the court which started the dispute.
§ 2. During the dispute, each court is obliged to undertake actions that cannot be delayed.
Art. 39. Military court. If a military court refers a case to a common court or refuses to hear the case referred to it by a com -
mon court, the case is heard by a common court.
Chapter 2. Disqualification of a judge.
Art. 40. Disqualification by virtue of law.
§ 1. A judge is disqualified by virtue of law from participation in a case where:
1) the case concerns him personally,
2) he is a spouse to the party, to the aggrieved party or their defence counsel, attorney, legal representative or cohabits with
one of these persons,
3) he is a relative by blood or by marriage in a direct line, and in a collateral way up to the children of siblings of the persons
specified in point 2 or is related to any of those persons by adoption, guardianship or custody,
4) he was a witness to the act, with which the case is concerned or in the same case he acted as a witness or as an expert,
5) he participated in the case in the capacity of a prosecutor, defence counsel, legal representative to a party or conducted
preparatory proceedings,
6) he participated in issuing a judgment or issued an order that was appealed against,
7) he participated in issuing a judgment that was subsequently reversed,
8) (repealed)
9) he participated in issuing a judgment against which an objection was filed,
10) he conducted mediation.
§ 2. These reasons for disqualification remain, despite the cessation of marriage, cohabitation, guardianship or custody.
§ 3. A judge, who participated in the issuance of a judgment against which a petition for reopening of the case, a cassation
appeal or an extraordinary appeal was filed, is disqualified from ruling with regard to this petition or appeal.
Art. 41. Disqualification on motion.
§ 1. A judge is disqualified, where such circumstances arise that might give rise to justified doubts as to his impartiality in the
case.
§ 2. A motion for disqualification of a judge filed pursuant to § 1 after the beginning of the trial shall not be examined, unless
the reason for disqualification arose or became known to a party only after the beginning of the trial.
Art. 41a. The same factual grounds of a motion. The motion for disqualification filed on the same factual groundsas the
motion already examined shall not be examined. The provision of Art. 42 § 3 does not apply.
Art. 42. Mode of disqualification.
§ 1. Disqualification occurs at the request of a judge, ex officio or upon a motion from a party.
§ 2. A judge recuses himself by means of a written statement to the case file if in his opinion there is a reason disqualifying
him by virtue of Article 40; he is then replaced by another judge.
§ 3. A judge, against whom a motion for disqualification was filed pursuant to Article 41, may make an appropriate written
statement to the case file. The motion is examined without delay. At the moment of disqualification, the actions undertaken by
the judge after the submission of the motion become invalid.
§ 4. Aside from the case referred to in § 2, disqualification is decided upon by the court before which proceedings are
pending. The judge, whom the disqualification concerns must not sit in the panel which is to decide upon his disqualification.
If no such panel can be composed, disqualification is decided by a court of a higher level.
Art. 43. Competence due disqualification of judges. If due to the disqualification of judges it is not possible to hear the case
in a given court, a court of a higher level refers the case to another court of the same level.
Art. 44. Court referendaries and lay judges. Provisions of this Chapter apply accordingly to court referendaries and lay
judges. The court rules on the disqualification of a court referendary in the panel composed of one judge.
Division III. Parties, defence counsels, attorneys, social representative.
Chapter 3. The public prosecutor.
Art. 45. Authorised entities.
§ 1. The public prosecutor acts before all courts in the capacity of a public accuser.
§ 1a. In cases specified by law, and in the course of proceedings, actions are accomplished by a prosecutor directly superior or
by a prosecutor of a higher level.
§ 1b. (repealed)
§ 1c. (repealed)
§ 2. Another public agency may act as a public accuser pursuant to special provisions of the law defining the scope of its
activity.
Art. 46. Participation in the trial.
§ 1. In cases concerning offences prosecuted on the basis of public accusation, the participation of a public prosecutor in the
trial is obligatory, unless the law provides otherwise.
§ 2. If preparatory proceedings were concluded in the form of an inquiry, the public prosecutor’s failure to appear at the trial
does not stop the proceeding. The presiding judge or the court may decide that the participation of the public prosecutor in the
trial is obligatory.
Art. 47. Disqualification.
§ 1. Provisions of Article 40 § 1 point 1-4, 6 and 10, § 2 and of Article 41, Article 41a and 42 apply accordingly to public
prosecutors, other persons conducting preparatory proceedings, as well as to other public accusers.
§ 2. Persons specified in § 1 also are disqualified if they participated in the case in the capacity of a defence counsel, attorney,
social representative or a legal representative of a party.
Art. 48. Mode of disqualification.
§ 1. Disqualification of the agency conducting or supervising preparatory proceedings, as well as disqualification of a public
accuser, is decided upon by a public prosecutor supervising preparatory proceedings or by his direct superior.
§ 2. Actions taken by a disqualified person before the disqualification occurred are not invalid for this reason. At the request
of a party, evidence procedures should, however, if possible be repeated.
Chapter 4. The aggrieved party.
Art. 49. Definition.
§ 1. The aggrieved party is either a natural or a legal person, whose legal interest was infringed or threatened by an offence.
§ 2. The following entity without legal personality may also act in the capacity of the aggrieved party:
1) a state or self-government institution,
2) another organisational entity having legal capacity by virtue of separate provisions.
§ 3. An insurance company can also be considered an aggrieved party to the extent that it compensates or is obliged to
compensate any damage caused by an offence to the aggrieved party.
§ 3a. In cases concerning offences against employees referred to in Articles 218-221 and in Article 225 § 2 of the Criminal
Code, organs of the National Labour Inspectorate may exercise the rights of the aggrieved party if, within the scope of their
activity, they revealed the offence or requested that proceedings be initiated.
§ 4. In the case of offences, as a result of which an institution or an organisational entity referred to in § 2 suffered damage to
property and the bodies of the aggrieved institution or organisational entity are not acting on their behalf, the authorities of
state control may exercise the rights of the aggrieved party, if within the scope of their activity they revealed the offence or
requested that proceedings be initiated.
Art. 49a. Order to remedy damage or compensate for harm. The aggrieved party and the public prosecutor may submit a
motion referred to in Article 46 § 1 of the Criminal Code, by the end of the judicial proceedings at the main trial.
Art. 50. Limitation of rights. During court proceedings, the rights of the aggrieved party as defined in Articles 53 cannot be
exercised by a person who is appearing in the same case in the capacity of the accused, with the exceptions provided for in
Articles 497 and 498 § 3.
Art. 51. Representation.
§ 1. In case of an aggrieved party who is not a natural person, actions in the proceedings are accomplished by the body
authorised to act on its behalf.
§ 2. If the aggrieved party is a minor or is fully or partially incapacitated, his rights are executed by his legal representative or
by a person, under whose permanent care the aggrieved party remains.
§ 3. If the aggrieved party is incompetent, particularly due to age or health, his rights may be executed by the person under
whose permanent care the aggrieved party remains.
Art. 52. Death.
§ 1. In the case of the aggrieved party’s death, the rights that would have been vested in him may be executed by his next of
kin or his dependants, and if there are no such persons or they are unknown, by the public prosecutor acting ex officio.
§ 2. If the authority conducting the proceedings has information concerning the aggrieved party’s next of kin or dependants, it
shall instruct at least one of them of their rights.
Chapter 5. The subsidiary prosecutor.
Art. 53. Entitled entity. In the case of offences prosecuted ex officio, the aggrieved party may act as a party to the proceed-
ings in the capacity of the subsidiary prosecutor alongside the public prosecutor or in his place.
Art. 54. Declaration of intent to act.
§ 1. If the indictment was submitted by a public prosecutor, the aggrieved party may declare, by the beginning of the judicial
proceedings at the main trial that he will act in the capacity of the subsidiary prosecutor.
§ 2. The public prosecutor’s withdrawal of the indictment does not deprive the subsidiary prosecutor of his rights. The
aggrieved party, who previously has not used the rights of subsidiary prosecutor may, within fourteen days of being informed
of the withdrawal of the indictment by the public prosecutor, declare that he will join the proceedings in the capacity of the
subsidiary prosecutor.
Art. 55. Subsidiary indictment.
§ 1. If a decision refusing to initiate the proceedings or discontinuing the proceedings in the case mentioned in Article 330 § 2
is reissued, the aggrieved party may, within a month of the above decision being served, submit an indictment to the court
with a copy for each defendant and for the prosecutor. Article 488 § 2 applies accordingly. Articles 339 § 3 point 43a and
396a do not apply.
§ 2. An indictment submitted by the aggrieved party should be drawn up and signed by an attorney, subject to the conditions
set forth in Articles 332 and 333 § 1.
§ 3. Any other person wronged by the same offence may join the proceedings by the beginning of the judicial examination at
the main trial.
§ 4. The public prosecutor may join the proceedings initiated by an indictment submitted by the subsidiary prosecutor at any
time. In such circumstances, the offence is prosecuted ex officio and the aggrieved party, who submitted the indictment,
enjoys the rights of a subsidiary prosecutor referred to in Article 54. The withdrawal of the indictment by the public
prosecutor requires the consent of the aggrieved party, who submitted the indictment.
Art. 56. Limitation of participation.
§ 1. The court may limit the number of subsidiary prosecutors appearing in the case if it is necessary to secure a correct course
of proceedings. The court decides that a subsidiary prosecutor cannot participate in the proceedings, if the maximum number
of prosecutors defined by the court is already involved.
§ 2. The court also decides that a subsidiary prosecutor may not participate in the proceedings if it finds out that he is not an
authorised person or that his indictment or declaration on joining the proceedings was submitted after the expiry of the
prescribed term.
§ 3. The court’s decision when issued pursuant to § 1, as well as the court’s decision when issued pursuant to § 2, when it
concerns the subsidiary prosecutor specified in Articles 54 § 1 or 55 § 3, cannot be appealed against.
§ 4. A subsidiary prosecutor not participating in the proceedings for reasons specified in § 1, may, within seven days of the
decision being served, present to the court his position in writing.
Art. 56a. Translation of the decision. A subsidiary prosecutor, who does not have a sufficient command of Polish, shall be
served with the translation of the decision subject to appealorending the proceedings. If the decision is not subject to appeal
and the subsidiary prosecutor consents, it is sufficient that the translated decision ending the proceedings is announced.
Art. 57. Withdrawal of accusation.
§ 1. A subsidiary prosecutor who withdrew an accusation cannot join the proceedings again.
§ 2. If the public prosecutor is not involved in the proceedings, the court notifies him that the subsidiary prosecutor has
withdrawn the accusation. The proceedings are discontinued if the public prosecutor does not join the accusation within 14
days of receipt of the above notification. The decision on discontinuation may also be issued by the court referendary.
Art. 58. Death of subsidiary prosecutor.
§ 1. The death of the subsidiary prosecutor does not stop the proceedings; his next of kin or his dependent may join the
proceedings in the capacity of the subsidiary prosecutor at any stage.
§ 2. In the case of death of the subsidiary prosecutor who independently supported the accusation, Article 61 applies
accordingly.
Chapter 6. The private prosecutor.
Art. 59. Entitled entity.
§ 1. The aggrieved party may submit and support an indictment in the capacity of a private prosecutor in cases concerning
offences prosecuted upon a private accusation.
§ 2. Any other person wronged by the same offence may join the proceedings already initiated until the beginning of the
judicial examination at the main trial.
Art. 60. Prosecutor's intervention.
§ 1. In the case of offences subject to a private accusation, the public prosecutor initiates the proceedings, or joins any
proceedings already initiated, if the public interest so requires.
§ 2. The proceedings then run ex officio and the aggrieved party that submitted a private accusation enjoys the rights of a
subsidiary prosecutor. Articles 54, 55 § 3 and 58 apply to the aggrieved, who did not submit a private accusation.
§ 3. If the public prosecutor that joined the proceedings subsequently withdrew his accusation, the aggrieved party in the
proceedings reacquires the rights of a private prosecutor.
§ 4. The aggrieved party who failed to submit an indictment may, within a final time limit of fourteen days from being
notified of the fact that the public prosecutor dropped the charges, submit an indictment, or a declaration, that he will support
the indictment in the capacity of a private prosecutor. If no such a declaration is submitted, the court or the court referendary
discontinues the proceedings.
Art. 60a. Translation of the decision. A private prosecutor, who does not have a sufficient command of Polish, shall be
served with the translation of the decision subject to appealorending the proceedings. If the decision is not subject to appeal
and the private prosecutor consents, it is sufficient that the translated decision ending the proceedings is announced.
Art. 61. Death of private prosecutor.
§ 1. In the event of the private prosecutor’s death, the proceedings are suspended and his next of kin or his dependant may
assume the rights of the deceased. The decision to discontinue the proceedings may also be issued by the court referendary.
§ 2. If, within a final time limit of three months from the death of a private prosecutor, the authorised person fails to assume
the rights of the deceased, the court or the court referendary discontinues the proceedings.
Chapter 7. The civil claimant.
Art. 62. (repealed).
Art. 63. Assumption of rights of the accused.
§ 1. In the case of the death of the aggrieved party, his next of kin may, within the time limit prescribed in Article 62, file a
civil lawsuit to enforce property claims arising from the offence.
§ 2. In the case of the death of the civil claimant, his next of kin may assume the rights of the deceased and enforce his claims.
Failure on the part of the above persons to assume the rights of the deceased does not stop the course of the proceedings. In
such circumstances, the court, when issuing the judgment concluding the proceedings, leaves the civil claim unexamined.
Art. 65. Refusal to accept the claim.
§ 1. Before the beginning of a judicial examination, the court refuses to accept the civil claim where:
1) the civil action is inadmissible by virtue of a particular provision of law,
2) the claim has no direct connection with the charges,
3) the civil action was brought by an unauthorised person,
4) the same claim is the object of other court proceedings or was already decided upon with a final judgment,
5) the defendants are obliged to a joint participation in the trial with a public, local community or a social institution or
with a person not acting in the capacity of the defendant,
6) a request referred to in Article 46 § 1 of the Criminal Code was submitted.
§ 2. If the civil action fulfils formal requirements and there are no circumstances mentioned in § 1, the court admits the action.
§ 3. Despite the admission of a civil claim, the court leaves it unexamined if, after the beginning of the judicial examination, a
circumstance mentioned in § 1 is revealed.
§ 4. The refusal to admit the claim, as well as leaving the claim unexamined pursuant to § 3 cannot be appealed against.
Art. 67. Civil procedure mode.
§ 1. If the court refused to admit a civil action or left it unexamined, the civil claimant may pursue his claim in civil
proceedings.
§ 2. If, within a final time limit of thirty days since the refusal to admit the civil action or it being left unexamined, the civil
claimant requests that the action be referred to a court competent in civil cases, it will be considered that the civil action was
brought on the day on which it was filed in criminal proceedings.
Art. 69. Submitting and securing the claim.
§ 1. If the civil action was brought in preparatory proceedings, the agency in charge of preparatory proceedings attaches the
statement of claim to the case file and the decision concerning the acceptance of the claim is issued by the court after the
submission of an indictment. The claim is considered to have been filed on the day, on which the claimant brought the action.
§ 2. If, together with the civil action, the claimant submitted the request for securing the claim, this request is considered by
the public prosecutor.
§ 3. The decision on securing the claim may be appealed in court by means of an interlocutory appeal.
§ 4. If preparatory proceedings are discontinued or suspended, the aggrieved party - within the final time limit of thirty days
from the service of the decision - may request that the case be referred to a court competent in civil matters. If the above
request is not submitted within the prescribed term, the security is cancelled and the statement of claim does not produce any
legal effects.
Art. 69a. (repealed).
Chapter 8. The accused.
Art. 71. Concept.
§ 1. A suspect is a person, with regard to whom a decision presenting charges was issued, or who, without the issuance of
such a decision, was informed about the charges in connection with his interrogation in the capacity of a suspect.
§ 2. An accused is a person, against whom an indictment was submitted to a court, and also a person, with regard to whom a
public prosecutor has filed a request referred to in Article 335 § 1 or a request for a conditional discontinuation of
proceedings.
§ 3. If the term “accused” is used in this Code with a general meaning, relevant provisions apply also to the suspect.
Art. 72. Right to help of an interpreter.
§ 1. An accused, who does not have a sufficient command of Polish, is entitled to the gratuitous help of an interpreter.
§ 2. The interpreter should be summoned to assist in all activities with the participation of the accused referred to in § 1. At
the request of the accused or his defence counsel, the interpreter should also be summoned in connection with the procedure,
in which the accused is entitled to participate.
§ 3. The decision presenting, supplementing or changing charges, an indictment, as well as a judgment which may be subject
to an appeal or which ends the proceedings must be served upon the accused referred to in § 1 with a translation. With the
consent of the accused, it is sufficient to announce the translated judgment ending the proceedings, if an appeal against it is
not admissible.
Art. 73. Communication with defence counsel.
§ 1. An accused, who is detained on remand, may communicate with his defence counsel without the presence of other
persons and by correspondence.
§ 2. In preparatory proceedings, the public prosecutor, allowing the communication, may, in a particularly justified case,
make a restriction that he personally, or another person authorised by him, will be present at the time.
§ 3. If the interest of preparatory proceedings so requires, in a particularly justified case the public prosecutor may order that
the correspondence of the accused with his defence counsel be controlled.
§ 4. Restrictions mentioned in § 2 and 3 may not last longer or be imposed later than fourteen days of the date, when the
suspect was detained on remand.
Art. 74. Evidentiary obligations.
§ 1. The accused does not have to prove his innocence, or provide evidence against himself.
§ 2. The accused is however obliged to submit to:
1) an external examination of the body and other tests not infringing his bodily integrity, in particular fingerprints and
photographs of the accused may be taken to present the accused to other persons for the purposes of identification,
2) psychological and psychiatric tests and bodily examinations involving treatment, with the exception of surgical
procedures, provided that they are carried out by an authorised health service employee in accordance with medical principles
and without risk to the health of the accused and that such examinations are necessary; in particular, if the above conditions
are fulfilled, the accused subjects himself to the collection of blood, hair and bodily secretions, subject to point 3,
3) collection by a Police official of a buccal mucosa smear, if it is indispensable and does not pose a threat to the heath of the
accused or other people.
§ 3. A suspected person may be subject to the tests and procedures referred to in § 2 point 1, and also, respecting the
requirements set forth in § 2 points 2 or 3, have blood samples, hair, a buccal mucosa smear, and other bodily secretions
collected.
§ 3a. The accused and the suspected person are summoned to submit to the obligations arising from § 2 and 3. If they refuse
to submit to these obligations, the accused and the suspected person may be arrested and brought forcibly, as well as physical
force and technical measures serving the purpose of restraining them may be applied to the extent necessary for the
performance of a given procedure.
§ 4. The Minister of Justice, upon consultation with the Minister of Health, shall define by way of a regulation the detailed
conditions and manner of carrying out medical examinations of an accused and a suspected person, as well as the conditions
and manner of performing procedures referred to in § 2 point 1 and 3 and § 3, bearing in mind that the collection, preservation
and analysis of evidence should be carried out in accordance with current principles of forensic and medical science.
Art. 75. Obligation to appear.
§ 1. The accused is obliged to inform the agency conducting the proceedings of every change of his residence or stay lasting
longer than seven days, also if he is deprived of liberty in another case, as well as of every change of contact details indicated
in Article 213 § 1, if these, according to his knowledge, are known to the agency conducting the proceedings. During criminal
proceedings the accused is also obliged to appear when summoned. The accused shall be instructed of the above obligations at
the first interrogation.
§ 2. In the event of an unjustified absence, the accused may be arrested and brought by force.
§ 3. Provisions of Article 246 apply accordingly. An interlocutory appeal against the court’s decision is heard by the same
court in a panel of three judges.
Art. 76. Legal representative. If an accused is underage or incapacitated, his legal representative, or person under whose
care the accused remains, may undertake all actions on his behalf in the proceedings, and primarily submit appeals, requests
and appoint a defence counsel.
Art. 77. Number of defence counsels. The accused may not have more than three defence counsels at one time.
Art. 78. Ex officio defence counsel.
§ 1. An accused, who does not have a defence counsel of his own choice, may request the appointment of a defence counsel
ex officio, if he can duly prove that he is unable to bear the costs of defence without prejudice to the necessary maintenance of
himself, or his family.
§ 1a. The provision of § 1a applies accordingly to the appointment of the defence counsel for the purpose of accomplishing a
determined procedure.
§ 2. The court may cancel the appointment of the defence counsel, if it finds that the reasons for the appointment are not valid.
The decision on cancellation of the appointment is subject to interlocutory appeal to another equivalent panel of the same
court.
Art. 79. Obligatory defence.
§ 1. In the criminal proceedings, the accused must be assisted by a defence counsel if:
1) he has not attained eighteen years of age,
2) he is deaf, mute or blind,
3) there is a justified doubt whether his ability to comprehend the meaning of his deed or to control his behaviour was not, at
the time of committing the offence, excluded or significantly reduced,
4) there is a justified doubt whether the condition of his mental health allows him to participate in the proceedings or to
conduct his defence in an independent and reasonable manner.
§ 2. The accused must also have a defence counsel if the court deems it necessary due to other circumstances impeding the
defence.
§ 3. In the cases specified in § 1 and 2, the participation of a defence counsel is obligatory at the trial and at those hearings,
where the participation of the accused is obligatory.
§ 4. If the court finds substantiated the opinion of expert psychiatrists that the ability of the accused to comprehend his deed
or control his behaviour was not, at the time of committing the offence, excluded or significantly reduced and that the mental
condition of the accused allows him to participate in the proceedings and conduct his defence in an independent and
reasonable manner, the court decides that the participation of the defence counsel is not obligatory. In such circumstances, the
president of the court or the court, discharges the defence counsel from his duties, unless there are other reasons for the
accused to have a defence counsel appointed ex officio.
Art. 80. Obligatory defence before the circuit court. The accused must be assisted by a defence counsel in the proceedings
before the circuit court, if he is charged with an indictable offence. In such a case, the attendance of the defence counsel at the
main trial is obligatory.
Art. 80a
§ 1. At the request of the accused, who does not have a defence counsel of his own choice, the president of the court, the court
or the court referendary appoints in judicial proceedings a defence counsel ex officio , unless Article 79 § 1 or 2 or Article 80
is applicable. In this case, the participation of the defence counsel in the main trial is obligatory.
§ 2. The provision of § 1 first sentence applies accordingly to the appointment of the defence counsel for the purpose of
accomplishing a determined trial procedure in the court of judicial proceedings.
§ 3. A re-appointment of the defence counsel pursuant to § 1 and 2 is permissible only in particularly justified cases.
Art. 81. Appointment of ex officio defence counsel.
§ 1. If in the circumstances specified in Article 78 § 1, Article 78 § 1a, Article 79 § 1 and 2 and Article 80, the accused does
not have a defence counsel of his own choice, the president or the court referendary of the court competent to hear the case
appoints for him a defence counsel ex officio.
§ 1a. The decision of the president of the court denying the appointment of the defence counsel is subject to interlocutory
appeal to the court competent to hear the case. The court’s decision denying the appointment of the defence counsel is subject
to interlocutory appeal to another equivalent panel of the same court.
§ 1b. A repeated request for the appointment of a defence counsel based on the same circumstances is left unexamined.
§ 2. Upon a justified request of the accused, or his defence counsel, the president of the court or the court referendary of the
court competent to hear the case may appoint a new defence counsel to replace the former.
Art. 81a
§ 1. Defence counsel ex officio is appointed from the list of defence counsels.
§ 2. The request for the appointment of a defence counsel ex officio is heard immediately by the president of the court, the
court or the court referendary.
§ 3. If, in view of the circumstances, the defence should be undertaken immediately, the president of the court, the court or the
court referendary immediately notifies the accused and the defence counsel in a manner specified in Article 137, of the
appointment of the defence counsel ex officio.
§ 4. The Minister of Justice shall define by way of a regulation:
1) the modalities of guarantying to the accused the assistance of the defence counsel ex officio, including the modality of
forming the list of defence counsels providing legal assistance ex officio and of their appointment,
2) the manner in which the request for the appointment of the defence counsel should be filed with the court and the detailed
manner in which such motion should be heard,
- bearing in mind the necessity of insuring a correct course of proceedings, as well a correct realisation of the right to defence.
Chapter 8a. An entity responsible for the return to the Treasury of the State of a material benefit acquired from an
offence.
Art. 81b The responsibility for the return to the Treasury of the State of a material benefit acquired from an offence rests on
the entity, against whom the public prosecutor, while submitting an indictment, filed a request with the court to oblige this
entity to such a return the material benefit, since it was acquired under the conditions laid down in Article 52 of the Criminal
Code.
Art. 81c Provisions concerning the examination of witnesses apply accordingly to the examination of the entity referred to in
Article 81b. If this entity is not a natural person, a member of the body entitled to act on its behalf is examined.
Chapter 9. Defence counsels and attorneys.
Art. 82. Defence counsel. Only a person licensed to defend in accordance with the provisions regulating the system of the bar
or in accordance with the Act on Legal Advisors may act as a defence counsel.
Art. 83. Appointment of defence counsel.
§ 1. A defence counsel is appointed by the accused. Until the accused who is detained on remand appoints a defence counsel,
the defence counsel may be appointed by another person, of which the accused should be notified immediately.
§ 2. The defence counsel may be appointed in writing, or by a declaration recorded by the agency conducting criminal
proceedings.
Art. 84. Scope of activity.
§ 1. A defence counsel appointed by the accused or established ex officio is authorised to act in the entire proceedings,
including activities undertaken after the judgment has become final, if no limitations were introduced.
§ 2. A defence counsel established ex officio is obliged to undertake all judicial tasks until the proceedings are concluded with
a final judgment. However, if the proceedings are to be undertaken outside the registered seat or place of residence of the
defence counsel, the president of the court where the proceedings are to be undertaken or the court referendary, and in
preparatory proceedings the president of the district court of the location of the proceedings or the court referendary of this
court, may, at the justified request of the defence counsel, entrust the tasks to a local advocate or a local legal advisor.
§ 3. In cassation proceedings, in the proceedings aimed at reversing the appellate court judgment reversing the judgment of
the court of first instance and referring the case for re-examination or in proceedings for the reopening of previously
concluded proceedings, the defence counsel established ex officio should write and sign the cassation appeal, the appeal
against the appellate court judgment reversing the judgment of the court of first instance and referring the case for re-
examination or the request for the reopening of proceedings, or inform the court that in his opinion there are no grounds for
filing a cassation appeal, the appeal against the appellate court judgment or a request for a reopening of proceedings. If a
cassation appeal, the appeal against the appellate court judgment or a request for a reopening of proceedings is filed, the
defence counsel may participate in the proceedings.
Art. 85. Defence of more than one accused.
§ 1. A defence counsel may defend more than one accused, if their interests do not conflict.
§ 2. Upon finding a conflict, the court issues a decision setting a time limit for the appointment of new defence counsel. In
case of the defence ex officio, the court appoints another defence counsel. The above decision is subjected to interlocutory
appeal.
§ 3. In the course of preparatory proceedings, the court’s rights defined in § 2 are vested in the president of the court
competent to hear the case.
Art. 86. Defence counsel's actions in favour of the accused and personal participation of the accused.
§ 1. A defence counsel may undertake procedures exclusively in favour of the accused.
§ 2. The participation of the defence counsel in the proceedings does not preclude the personal participation of the accused.
Art. 87. Attorney.
§ 1. A party other than the accused may appoint an attorney.
§ 2. A person, who is not a party to the proceedings, may appoint an attorney if his interest in the proceedings so requires.
§ 3. The court, and in preparatory proceedings the public prosecutor, may refuse to admit the attorney referred to in § 2 to
participation in the proceedings, if in their opinion it is not necessary for the protection of the interests of the person, who is
not a party to the proceedings.
Art. 87a
§ 1. At the request of a party other than the accused, who does not have a defence counsel of his own choice, the president of
the court, the court or the court referendary appoints in judicial proceedings an attorney ex officio.
§ 2. The provision of § 1 first sentence applies accordingly to the appointment of the attorney for the purpose of
accomplishing a determined trial procedure in the court of judicial proceedings.
§ 3. The party should be instructed about the right to submit the request and about the possibility of being charged with the
costs of appointing an attorney ex officio, depending on the results of the trial, at the occasion of the service of the notification
of the date of the trial or a hearing referred to in Article 341 § 1, Article 343 § 5 and 343a.
§ 4. A re-appointment of the attorney pursuant to § 1 and 2 is permissible only in particularly justified cases.
Art. 88. Application of provisions concerning defence counsel; entitled entities.
§ 1. Only an advocate, a legal advisor or a counsel of the Office of the General Counsel to the Republic of Poland may act as
an attorney. Articles 77, 78, 81a § 1-3, 83, 84 and 86 § 2 and provisions issued on the basis of Article 81a § 4 apply
accordingly to the attorney.
§ 2. The Office of the General Counsel to the Republic of Poland acts as an attorney in according with the principles defined
in a separate law.
Art. 89. Reference. In all matters concerning the attorney and not provided for in this Code, the provisions binding in civil
proceedings apply accordingly.
Chapter 10. Social representative.
Art. 90. Mode of admission.
§ 1. In court proceedings a community organisation may declare participation in the proceedings, if a community interest or
an individual interest so requires, provided that the protection of such interest, in particular that of freedom and human rights,
belongs to the statutory duties of that organisation.
§ 2. In its application, the social organisation must indicate a community or an individual interest, whose protection belongs
to the statutory duties of that organisation and the representative who will act on behalf of the community organisation. The
application is accompanied by a copy of a statute or other document regulating the organisation’s operations. The
representative submits to the court a letter of authorisation.
§ 3. The court allows the representative of the social organisation to act in the proceedings, if at least one of the parties
consents. The party may withdraw its consent at any time. If no party consents to the participation of a social representative in
the proceedings, the court excludes such representative, unless his participation in the proceedings is in the interest of the
administration of justice.
§ 4. Despite no consent of the parties, the court allows a social representative to act in the proceedings, if his participation is
in the interest of the administration of justice.
§ 5. The court denies the representative of a community organisation the participation in the proceedings if it finds that the
protection of a community or an individual interest indicated in the application does not belong to statutory duties of this
organisation or that it has no relation to the case.
§ 6. The court may limit the number of social representatives appearing in the case if it is necessary to secure a correct course
of proceedings. In such circumstances, the court summons the prosecutor and the accused to indicate no more than two social
representatives, who will be allowed to act in the proceedings. If there is more than one accused or prosecutor in the
proceedings, each of them may indicate one social representative. A failure to indicate a social representative is equivalent to
withdrawal of consent for his participation in the proceedings. Regardless of the position of the parties, the court may decide
on further participation of social representatives in the proceedings, if their participation is in the interest of the administration
of justice.
Art. 91. Scope of rights. A representative of a community organisation admitted to participation in court proceedings may
participate in the trial and make oral and written statements.
Chapter 10a. Obliged Entity.
Art. 91a. Return of benefits.
§ 1. If, in connection with a prohibited act, a natural or legal person, or an organisational entity without legal personality to
which separate provisions attribute legal capacity, acquired a material benefit or a benefit referred to in Article 405-407,
Article 410 and Article 412 of the Civil Code was acquired from the State Treasury, a local government unit, a state or a local
government organisational entity, an entity, for which a body of local government is a founding body, or a commercial
company, for whom the State Treasury or local government institution is a majority shareholder, at the request of the public
prosecutor the court, applying the provisions of the civil law, obliges this person or entity to return the benefit or its
equivalent to the entitled institution or rules on the forfeiture of the benefit or its equivalent by the State Treasury.
§ 2. The obliged entity referred to in § 1 is interrogated in criminal proceedings in the capacity of a witness. In case of an
entity other than a natural person, a person or persons authorised to act on its behalf are subject to interrogation.
§ 3. A person referred to in § 2 may refuse to testify.
§ 4. The provisions of Article 72, Article 75, Article 87 § 1, Article 89, Article 156 § 1 first sentence and Article 167 apply
accordingly. The person referred to in § 2 may ask questions to the interrogated person and make a closing argument before
the defence counsel of the accused and the accused.
Chapter 10b. Owner of an Enterprise Subject to Forfeiture.
Art. 91b. Right of a party. The owner of an enterprise subject to forfeiture referred to in Article 44a § 2 of the Criminal
Code enjoys all rights of a party with respect to trial procedures applicable to this measure.
Division IV. Trial procedures.
Chapter 11. Judgments, orders and instructions.
Art. 92. Basis of judgment. A judgment must be based on all circumstances revealed in the course of the proceedings and
relevant to the case.
Art. 93. Decisions, orders and instructions.
§ 1. If the law does not require a judgment, the court issues a decision.
§ 2. In those matters where a decision is not required, the president of the court, president of the division or a presiding judge
issues an order.
§ 3. In preparatory proceedings, decisions and orders are issued by the public prosecutor and by another authorised agency,
and by a court only in cases provided for in law.
§ 4. In cases specified in law, the court and the public prosecutor may issue requests to the Police and to other agencies.
Art. 93a
§ 1. In cases specified in the law, the court referendary may issue decisions or orders.
§ 2. Orders, which in accordance with the law, are issued by the court, may also be issued by a court referendary.
§ 3. An objection may be lodged against the decisions and orders issued by the court referendary. The objection may be
lodged by the parties and by the person directly concerned with the decision, unless the law provides otherwise. If the
objection has been lodged, the decision or the order is annulled.
§ 4. The president of the court refuses to admit an objection filed after the expiry of the prescribed term or by an unauthorised
person.
Art. 94. Contents of decision.
§ 1. A decision should contain:
1) the identity of the agency, person or persons who issued the decision,
2) the date of issue of the decision,
3) an indication of the case and matter, which the decision concerns,
4) the solution and its legal grounds,
5) a statement of reasons, unless not required by law.
§ 2. The provisions of § 1 apply accordingly to orders.
Art. 95. Trial and hearing.
§ 1. In cases provided for by law, the court adjudicates in a trial, while in other cases at a hearing. Judgments issued at a
hearing may also be issued in a trial.
§ 2. The court referendary issues decisions at a hearing.
Art. 95a
§ 1. In the cases indicated in Article 2a § 1 and 2 of the Code of Minor Offences, the court, which issued the judgment in the
first instance adjudicates at a hearing.
§ 2. The decision is subject to interlocutory appeal.
§ 3. The provisions of Chapter 42 apply accordingly to the hearings held in open court.
Art. 95b. Hearings open to public, exclusion of openness.
§ 1. The hearing is closed to public, unless the law, the president of the court or the court provides otherwise.
§ 2. Open to public are the hearings indicated in Article 339 § 3 point 1, 2 and 5, Article 340, Article 341, Article 343 § 5,
Article 343a, Article 603, Article 607 l § 1, Article 607s § 3, Article 611c § 4 and Article 611ti § 1.
§ 3. Provisions of Chapter 42 apply accordingly to hearings, which are open to public.
Art. 96. Participants of hearing.
§ 1. If it is important for the protection of their interests, parties and persons who are not parties have a right to participate in a
hearing when the law states so, unless their participation is obligatory. Article 451 applies accordingly.
§ 2. In other cases, they have a right to participate in a hearing if they attend, unless the law provides otherwise.
Art. 97. Verification of factual circumstances. If factual circumstances need verification before a decision is issued in a
hearing, the court performs such a verification by itself, or entrusts it to one of the judges in the panel, or requests that certain
acts be undertaken by an appropriately located court. An act that does not require examination of evidence may also be
performed by a court referendary.
Art. 98. Statement of reasons of decision, admission of evidence.
§ 1. The statement of reasons of a decision is drawn up in writing together with the decision itself.
§ 2. In a particularly complicated case, or for other important reasons, the drawing up of the statement of reasons may be
delayed by up to seven days.
§ 3. A statement of reasons is not required for a decision admitting evidence, or accepting an application, to which no other
party has objected, unless the decision is subject to interlocutory appeal.
Art. 99. Statement of reasons of judgement and order.
§ 1. The procedure and form for substantiating judgments are defined in specific provisions.
§ 2. An order requires a written statement of reasons, if it is appealable.
Art. 100. Announcement and service.
§ 1. Decisions or orders issued at a trial, or at a hearing referred to in Article 95b § 2, are announced orally.
§ 2. Decisions or orders issued at other hearings are announced orally, if a party participates therein.
§ 3. Judgment is served on persons entitled to file an appeal, if the law so provides.
§ 4. Decisions or orders subject to appeal, not issued at a trial, are served on persons entitled to file such appeal. Decisions
ending proceedings are served to parties thereto, unless they were present at the announcement of the decision or order. A
decision with substantiation is served upon the parties in the case specified in Article 98 § 2.
§ 5. The parties shall be informed of the content of other decisions or orders not issued at a trial or hearing, or issued at a
hearing, of whose date a party was not notified.
§ 6. If the law requires that the statement of reasons be given together with the decision, the decision or order is served or
announced with the statement of reasons. In the case referred to in Article 98 § 2, the main reasons for the decisions are
explained orally after the announcement of the decision.
§ 7. If the hearing of a case was closed to the public due to an important public interest, information that a statement of
reasons was drawn up is served in place of a statement of reasons.
§ 8. After the announcement or while serving the decision or order, participants to the proceedings should be instructed of
their rights, time limit and manner of submitting an appeal or about the fact that the decision cannot be appealed.
§ 9. In case of a judgment of conviction issued while applying Article 60 § 3 or 4 of the Criminal Code or Article 36 § 3 of
the Fiscal Criminal Code, at the announcement or service of the judgment the offender shall also be notified of the content of
Article 434 § 4 and Article 443.
Art. 105. Correction of errors.
§ 1. Obvious typing or accounting errors, as well as errors in calculating deadlines for a decision, an order or its
substantiation, may be corrected at any time.
§ 2. Errors are corrected by the authority responsible for making them. If the proceedings are pending at the authority of
second instance, this authority may ex officio correct the errors made in the first instance.
§ 3. A judgment or its substantiation is corrected by way of a decision; an order is corrected by way of an order.
§ 4. A decision or an order correcting an error, issued in the first instance, is subject to interlocutory appeal.
Art. 106. Preparatory proceedings. The provisions of Article 100 § 4-8 apply accordingly in preparatory proceedings.
Art. 107. Enforcement clause.
§ 1. At the request of a concerned party, the court or the court referendary appends the enforcement clause to an enforceable
judgment.
§ 2. Judgments that impose an obligation to pay exemplary damages, remedy a damage or compensate the aggrieved party for
a harm, are considered judgments on property claims if they are enforceable in view of the provisions of the Code of Civil
Proceedings.
§ 3. Provisions § 1 and 2 apply also to any obligation arising from a settlement executed before the court or the court
referendary, as well as to the settlement executed in the mediation proceedings.
§ 4. The court or the court referendary refuses to append the enforcement clause to a settlement executed before a mediator, or
part or in whole, if the settlement is contrary to the law or the principles of social coexistence, or is aimed at circumventing
the law.
Chapter 12. Deliberation and voting.
Art. 108. Secrecy of deliberation.
§ 1. Deliberation and voting over a decision is secret; release from secrecy is not permitted.
§ 2. Apart from the judges, only a recording clerk may be present at deliberation and voting, unless the presiding judge finds
his presence unnecessary.
Art. 109. Role of presiding judge, voting order.
§ 1. Deliberation and voting is presided over by the presiding judge and all doubts concerning the order or manner of
deliberating and voting are resolved by the adjudicating panel.
§ 2. After the deliberation, the presiding judge collects the votes, starting from the youngest judge, first from lay judges in
accordance with their age, then from professional judges in the order of their professional seniority. The presiding judge casts
the final vote. The reporting judge, if he is not a presiding judge, votes first.
Art. 110. Subject of deliberation. Deliberation and voting over a judgment are separate with regard to guilt and legal
classification of an offence. They are also separate with regard to a penalty, penal measures, forfeiture, compensatory
measures and other matters.
Art. 111. Majority of votes.
§ 1. Decisions are adopted by a majority of votes.
§ 2. If opinions are divided in such a manner that none has acquired a majority of votes, the opinion least favourable to the
accused is joined with the opinion most similar to it until the majority is reached.
Art. 112. Abstention from voting. A judge who voted against finding the accused guilty may abstain from voting on other
matters. In such circumstances, the judge’s vote is joint with the vote most favourable to the accused.
Art. 113. Signing the judgment. A judgment is signed by every member of the adjudicating panel, including the outvoted
members, unless recorded in the transcript.
Art. 114. Dissenting opinion.
§ 1. When signing a judgment, each member of the panel may express their dissenting opinion, indicating in which part and
how they disagree with the judgment.
§ 2. A dissenting opinion may concern also the reasons for the judgment, in which case it is expressed while signing the
statement of reasons.
§ 3. If the law does not require that a statement of reasons be drawn up with the judgment and a judge expresses a dissenting
opinion, the statement of reasons should then be drawn up ex officio. Thisshould occurwithin seven days of the issue of a
judgment. The judge that expressed a dissenting opinion should attach his dissenting opinion within the next seven days. This
obligation does not apply to lay judges.
Art. 115. Signing the statement of reasons.
§ 1. A statement of reasons for a judgment is signed by all the persons who issued the judgment, including those who were
outvoted.
§ 2. In cases decided by a panel composed of one professional judge and two lay judges, a statement of reasons is signed only
by the presiding judge, unless a dissenting opinion was expressed. In cases decided by a panel composed of two professional
judges and three lay judges, the statement of reasons is signed by both professional judges, unless a dissenting opinion was
expressed.
§ 3. If it is not possible to obtain a signature from a presiding judge or another member of the adjudicating panel, one of the
persons signing the judgment must mention this fact on the statement of reasons, specifying the cause thereof.
Chapter 13. Order of trial procedures.
Art. 116. Form of trial procedures. Unless the law provides otherwise, the parties and other entities entitled to participate in
a trial procedure, may submit requests and make statements in writing or orally to the records of the case.
Art. 117. Participation in trial procedure, notification.
§ 1. A person entitled to participate in a trial procedure is notified of its time and place, unless the law provides otherwise.
§ 2. A trial procedure is not conducted if a concerned party fails to turn up and there is no evidence that he received prior
notification. The trial procedure is also halted if there is reason to suspect that the absence is due to natural disaster or other
extraordinary obstacles or when the concerned party duly justified his absence and requested not to carry out the procedure
without his attendance, unless the law provides otherwise.
§ 2a. The absence of the accused, a witness, a defence counsel attorney and other participant to the proceedings caused by
illness, when their attendance was obligatory or they were authorised to participate in the procedure and requested to be
admitted thereto, must be justified by a certificate issued by a court physician and confirming the impossibility of their
appearance in court when summoned by the agency conducting the proceedings.
§ 3. A procedure is not conducted in case of the absence of a party, defence counsel or attorney whose attendance is
obligatory, unless the law provides otherwise.
§ 4. (repealed)
§ 5. Provisions of § 2a do not apply to persons deprived of liberty, in whose case the rules of justifying absences are regulated
in separate provisions.
Art. 117a. Procedures in case of more than one defence counsel or attorney.
§ 1. If a party has more than one defence counsel or attorney, a procedure may be carried out with the attendance of at least
one of them, unless a party agrees that the procedure be carried out without the participation of a defence counsel or attorney
and their participation is not obligatory.
§ 2. Provision of § 1 applies accordingly to the attorney of a person not being a party to the proceedings referred to in Article
87 § 2.
Art. 118. Incorrect denomination of a procedure.
§ 1. The meaning of a trial procedure is evaluated in accordance with the content of the statement made.
§ 2. An incorrect denomination of a procedure, especially of an appellate measure, does not deprive this procedure of its legal
meaning.
§ 3. A pleading in a case which falls within the competence of a court, public prosecutor, Police or other agency in charge of
inquiry, submitted to an incorrect entity is referred to a competent one.
Art. 119. Formal requirements.
§ 1. A submission filed in the proceedings should include:
1) the identity of an agency to which it is addressed and the case with which it is concerned,
2) the identity and address of a person submitting a writ,
3) a request or statement with substantiation, if necessary,
4) the date and signature of a person submitting the writ.
§ 2. If a person filing a submission is unable to sign it, a person authorised by the person filing a submission signs it and
indicates the reasons for his signature.
Art. 120. Formal defects.
§ 1. If a submission does not fulfil the formal requirements provided for in Article 119 or in special provisions and the defect
is of such a nature that a proper course cannot be applied thereto; or when the defect consists in a failure to pay required fees
or submit power of attorney authorising to accomplish a certain action, the author of the submission is summoned to remove
the defects within seven days.
§ 2. If the defects are removed within the prescribed time limit, the submission produces effects from the day on which it was
filed. If the defects are not corrected within the prescribed time limit, the submission is deemed ineffective, of which a party
should be instructed while summoned to remove the defects.
§ 3. In the proceedings before the court orders in the matters referred to in § 1 and 2 may also be issued by a court
referendary.
Art. 121. Lack of signature. If a person participating in a procedure refuses or is unable to sign, the agency in charge of
carrying out the procedure notes the reasons for the lack of a signature.
Chapter 14. Time Limits.
Art. 122. Final time limits.
§ 1. A trial procedure accomplished after the expiry of the prescribed final time limit is ineffective.
§ 2. Final time limits are time limits prescribed for submitting appeals and time limits defined as such by the law.
Art. 123. Calculation of time limits.
§ 1. The day on which the calculation of a time limit begins is not included in this calculation.
§ 2. If a time limit is prescribed in weeks, months or years, it expires on that day of the week or month which corresponds to
the beginning of the time limit. If in a given month there is no such day, the time limit expires on the last day of that month.
§ 3. If the time limit expires on a day recognised by law as a public holiday, the procedure may be carried out on the
following day.
Art. 124. Dispatch. A time limit is deemed observed if before its expiry a submission was dispatched from an operator
delivering correspondence in the territory of the European Union, from a Polish consular office or submitted by a soldier,
except for members of territorial military units performing service in dispositional manner, to the headquarters of a military
unit; and by a person deprived of liberty to the administration of a relevant penal institution and by a crew member of a Polish
sea vessel to the captain.
Art. 125. Incorrect addressee. A submission incorrectly filed before the expiry of the time limit to an incompetent court,
public prosecutor, Police agency or other authority conducting preparatory proceedings is considered submitted within the
prescribed time limit.
Art. 126. Reinstatement of time limit.
§ 1. If the failure to observe a final time limit occurred due to reasons independent from a party, the party - within a final time
limit of seven days since the day when the obstacle ceased to exist - may file a request to reinstate the time limit,
accomplishing at the same time the action that was to be performed within the expired time limit. The same applies to persons
who are not parties to the proceedings.
§ 2. The reinstatement of a time limit is decided by the agency before which a procedure was to be effected.
§ 3. A refusal to reinstate a time limit is subject to interlocutory appeal.
Art. 127. Stay of enforcement. A request to reinstate a time limit does not stay the enforcement of a judgment, however, the
agency with which the request was filed or an agency in charge of considering the appellate measure may stay the
enforcement of a judgment. The refusal to stay does not require a statement of reasons.
Art. 127a
§ 1. If the effectiveness of a trial procedure is conditional upon its being accomplished by a defence counsel or attorney, the
time limit for the performance of such a procedure is suspended for a party to the proceedings during the period, when the
request to grant legal assistance in this respect is being considered.
§ 2. If a defence counsel or an attorney was appointed ex officio, the time limit for the performance of the procedure by the
appointed trial representative starts running from the day, on which the appointment decision or order was served on him.
Art. 127b. Time limits. If the duration period of a coercive measure is defined in weeks, months or years, it is assumed that a
week has seven days, a month 30 days and a year 365 days.
Art. 127c. Definition. It is assumed that one day of a coercive measure consisting in deprivation of liberty lasts twenty four
hours, counted from the moment of actual deprivation of liberty.
Chapter 15. Service.
Art. 128. Certified copies.
§ 1. Judgments and orders are served in certified copies, if their service is required by the law.
§ 2. All writs addressed to the participants to the proceedings are served in such a manner so as to make their content
inaccessible to unauthorised persons.
Art. 129. Summons and notifications.
§ 1. A letter of summons should specify its sender and contain information in what case, in what capacity, at what time and
place the addressee is to appear and whether his attendance is obligatory. The addressee should also be advised of the
consequences of his absence.
§ 2. Provisions of § 1 apply accordingly to notifications.
§ 3. If a time limit, within which a procedural act should be accomplished starts running from the day of service, the
addressee should be notified thereof.
Art. 130. Advice of delivery. Writs are served with advice of delivery. The recipient confirms the delivery by legibly signing
his name on the returnable receipt, on which the postal worker puts his signature and specifies the manner of service.
Art. 131. Manner of service.
§ 1. Summons, notifications and other writs, from the service of which time limits begin to run are served by a postal operator
within a meaning of the Act of 23 November 2012 Postal Law (Journal of Laws of 2017, item 1481) or by an employee of the
agency sending a writ or, in case of necessity, by the Police.
§ 2. If, in a given case, the number of aggrieved parties is so significant that an individual notification of their rights would
cause serious obstacles to the proceedings, they are informed by an announcement in the press, radio or television.
§ 3. If there exists a duty to serve a decision, the provisions of § 2 apply accordingly. However, it should always be served
upon this aggrieved party who requested it within a final time limit of seven days since the announcement.
Art. 132. Direct and indirect service.
§ 1. Writs are served upon the addressee in person.
§ 2. If an addressee is temporarily absent from home, a writ is served upon an adult member of his household and - in the
absence of such a person - upon the house administration, caretaker or village headman, if they agree to serve the writ on the
addressee. Article 133 § 2 applies accordingly.
§ 3. A writ may also be served by fax or e-mail. In such cases, proof of data transmission is treated as confirmation of
delivery.
§ 4. Provisions of § 2 and 3 and of Article 133 § 3 do not apply to the service on the accused of the notification about the date
of the first main trial, date of the hearing referred to in Article 341 § 1, Article 343 § 5, Article 343a, Article 420 § 1, and the
judgment referred to in Article 500 § 1.
Art. 133. Leaving pleadings.
§ 1. If it is not possible to serve a writ in a manner indicated in Article 132, a writ sent through the intermediation of a postal
operator within the meaning of the Act of 23 November 2012 Postal Law is left at the closest unit of such an operator. A writ
sent in a different manner is left at the closest Police station or at a competent municipal office.
§ 2. The person serving a document places a note about it being left as prescribed in § 1 in the addressee’s mail box, affixes it
to the door of the address’s apartment or leaves it in another visible place with information when and where the
correspondence was left and that it should be collected within seven days. In case of ineffective expiry of this term, the
notification is to be repeated once again. If these actions were accomplished, a document is deemed to have been served.
§ 2a. Writs left at a post office unit within a meaning of the Act of 23 November 2012 Postal Law addressed to a defence
counsel or attorney, who is an advocate or a legal advisor, may also be collected by an authorised person, acting on the basis
of a postal power of attorney allowing to collect postal correspondence within the meaning of the said act.
§ 3. Correspondence may also be left to a person authorised to collect it in the addressee’s place of permanent employment.
Art. 134. Special manners of service.
§ 1. Writs addressed to soldiers or functionaries of Police, Internal Security Agency, Foreign Intelligence Agency, Military
Counterintelligence Service, Military Intelligence Service, Central Anti - Corruption Bureau, National Security Service,
Polish Border Guard, Customs and Fiscal Service and Polish Prison Guard may be served to the addresses through the
intermediation of their superiors. Summons to soldiers in active military service are sent to the head of the military unit, in
which the soldier is serving, with the purpose of serving it upon him and obliging him to answer the summons.
§ 2. Correspondence to persons deprived of liberty is served through the intermediation of the administration of a relevant
penal institution.
§ 3. Correspondence to an addressee who is not a natural person or to a defence counsel or an attorney is served upon the
person employed in the addressee’s office.
Art. 135. Notification of public prosecutor. The public prosecutor is notified of trials and hearings by serving upon him a
list of cases to be considered on a given day.
Art. 136. Refusal of acceptance.
§ 1. If the addressee refuses to accept correspondence or refuses or is unable to acknowledge its reception, the person serving
the document makes an appropriate note on the returnable receipt; the document is deemed to have been served.
§ 2. Correspondence not accepted by the addressee is returned to sender.
Art. 137. Urgent cases. In urgent cases a person may be summoned or notified by telephone or in another manner adequate to
the circumstances and a copy of the message is left in the records of the case with the signature of the person who sent it.
Art. 138. Address for service. A party and also a person who is not a party but whose rights were violated, residing abroad,
is obliged to appoint a service agent in Poland. If he fails to do so, a writ sent to the last known address in Poland and, if there
was no such address, attached to the record of the case, is deemed to have been served.
Art. 139. Change of address.
§ 1. If a party has changed his place of residence without informing the court of the new address or does not reside at the
address indicated to the court, also due to being kept in custody in another case, any correspondence sent to the original
address is deemed to have been served.
§ 1a. The provision of § 1 applies to the aggrieved party even if he is not a party to the proceedings.
§ 2. (repealed)
§ 3. Provision of § 1 does not apply to correspondence sent for the first time after the final acquittal of the accused.
Art. 140. Service on representatives. If the law does not provide otherwise, decisions, orders, notifications and their copies,
which by law must be served upon the parties, are served upon defence counsels, attorneys and legal representatives.
Art. 141. Regulation. The Minister of Justice, upon consultation with the Minister responsible for telecommunication, shall
define by way of a regulation detailed principles and modalities for serving correspondence coming from judicial authorities,
bearing in mind the necessity of insuring an effective course of proceedings, as well safeguarding the legal rights of
participants to the proceedings.
Art. 142. Unfulfilled requirements. A service accomplished in a manner contrary to the provisions of this Chapter is deemed
effective if the addressee acknowledged the receipt of correspondence.
Chapter 16. Transcripts.
Art. 143. Requirement of making.
§ 1. Transcripts are required in the following circumstances:
1) a receipt of an oral report of an offence, a request to prosecute or its withdrawal,
2) an examination of an accused, witness, expert and probation officer,
3) an inspection,
4) an autopsy and exhumation,
5) an experiment, confrontation and identification,
6) a search of person, place, object or computer and seizure of objects or computer data,
7) opening of correspondence, parcels and viewing of recorded data,
8) familiarising the suspect with material gathered in preparatory proceedings,
9) accepting bail,
10) a court hearing, if authorised persons attend or their attendance is obligatory,
11) a trial.
§ 2. Transcripts of other procedures are to be made only if it is required by a special provision or if the person conducting the
procedure deems it necessary. In other case, an official note is sufficient.
Art. 144. Recording clerk.
§ 1. Transcripts of a trial are made by a clerk or by another person authorised by the president of the court.
§ 2. A transcript of a procedure other than a trial may be made, with the exclusion of the persons mentioned in § 1, by an
individual appointed to do so, or personally by the person conducting this procedure.
§ 3. An appointed person, who is not an employee of an agency conducting proceedings, is obliged to take the following oath:
“I promise solemnly that I shall conscientiously fulfil the duties of a recording clerk.”
Art. 145. Shorthand record.
§ 1. If a trial procedure is recorded in shorthand, a transcript may be limited to the most important statements made by
persons participating therein. A stenographer translates the record into ordinary text and describes the system applied. The
original shorthand record and its translation are attached to the transcript.
§ 2. Article 144 § 3 applies accordingly.
Art. 146. Disqualification of recording clerk and stenographer.
§ 1. Recording clerks and stenographers are disqualified for the same reasons as a judge.
§ 2. During a trial or a hearing, disqualification is decided by the court, and in other cases by the person conducting the
recorded procedure.
Art. 147. Recording of vision and sound.
§ 1. A procedure may also be recorded by means of a device registering vision or sound; the persons participating in the
procedure should be advised of this.
§ 2. The examination of a witness or of an expert is recorded by means of a device registering vision or sound, if:
1) there is a risk that the examination of this person in the further course of the proceedings will not be possible,
2) the examination is carried out pursuant to Article 396.
§ 2a. The examination of the aggrieved party referred to in Article 185a and Article 185c, and of a witness referred to in
Article 185b, is recorded by means of a device registering vision or sound.
§ 2b. A trial is recorded by means of a device registering vision or sound, unless such registration is not possible for technical
reasons.
§ 2c. A trial, to the extent, in which it is closed to public for fear of disclosing information classified as “confidential” or
“strictly confidential”, is not recorded in the manner specified in § 2b, if there is no possibility of duly protecting the
recording of sound or vision and sound against unauthorised disclosure.
§ 3. If the procedure other than a trial is recorded by means of a devise registering vision or sound, the transcript may be
limited to the most important statements made by persons participating therein.
§ 3a. Recording of vision and sound is attached to the transcript. If the transcript is limited to the most important statements of
the persons participating in the procedure, a translation of the sound recording is made, which also becomes an attachment to
the transcript.
§ 4. A party, a defence counsel, an attorney and a legal representative are entitled to one paid copy of the recording of sound
or vision. This does not apply to a trial or other procedure closed to public, or a procedure carried out in the course of
preparatory proceedings. For important reasons, justified by the necessity of protecting private interests of individuals
participating in the trial, the president of the court may refuse that copies of vision recording be made for a party, a defence
counsel, an attorney or a legal representative.
§ 5. The Minister of Justice shall define by way of a regulation the types of devices and technical means used to register
vision or sound for the purpose of judicial proceedings, the manner of storing, playing and copying such recordings, the
manner and mode of making such recordings and their copies available to parties, defence counsels, attorneys and legal
representatives, the fee for copies of vision or sound recording and for the opening of accounts in information system for the
purpose of transmitting copies of vision or sound recording bearing in mind the necessity of protecting the recorded vision or
sound from loss, damage, deformation or unauthorised use, as well as the necessity of granting the parties to the proceedings
an immediate access to vision or sound recording, the possibility of obtaining copies of recordings from case files, as well as
the need for ensuring that the fees correspond to actual costs of preparing and making the copies of vision and sound
recordings available to the entitled individuals.
Art. 148. Contents of transcript.
§ 1. A transcript should contain:
1) an indication of the procedure, its time, place and a list of participating persons,
2) the course of the procedure as well as statements and conclusions of participants thereto,
3) any decisions and orders issued in the course of the procedure, and if a decision or an order was issued separately, the
mention of its issue,
4) a description of other circumstances which concern the course of the procedure, if necessary.
§ 2. Explanations, testimonies, declarations, requests and statements concerning specific circumstances made by the agency
conducting a procedure are recorded in the transcript with the greatest possible accuracy. Persons participating in the
procedure may demand that everything that concerns their rights or interests be included in the transcript with the greatest
possible accuracy.
§ 2a. (repealed)
§ 2b. (repealed)
§ 2c. (repealed)
§ 3. In the transcript it is not allowed to replace the content of testimonies or explanations with reference to other transcripts.
§ 4. Any persons participating in the procedure may request that fragments of their testimonies recorded in the transcripts be
read out.
Art. 148a. Data not recorded in a transcript.
§ 1. Transcript from a procedure shall omit data concerning place of residence and work of aggrieved parties and witnesses
participating in this procedure. These data, not included in a transcript, shall be recorded in an attachment to the transcript,
enclosed to the case file for the information of the authority conducting the proceedings.
§ 2. The provision of § 1 first sentence does not apply to the place of work of a public official providing testimony in
connection with his position, unless a person carrying out a procedure in preparatory proceedings or a presiding judge decides
that the omission of these data from the transcript is in the interest of criminal proceedings.
§ 3. If the data concerning place of residence and work of aggrieved parties and witnesses are contained in documents other
than the transcript referred to in § 1, these documents, in their entirety or in the relevant part, are kept in an attachment to the
case file for the information of the authority conducting the proceedings. Certified copies of documents or parts thereof shall
be included in the case file in such manner not allowing the disclosure of their content.
§ 4. The person conducting a procedure in preparatory proceedings or the presiding judge - with respect to the transcript
referred to in § 1, and with respect to other documents the entity in charge of preparatory proceedings, the president of the
court or the presiding judge may order that the provisions of § 1 and § 3 be not applied in part or in whole if:
1) the place of residence or work of the aggrieved party or witness is known to the accused,
2) the place of residence or work of the aggrieved party or witness is at the same time the place, where the aggrieved party or
witness conducts business activity and these data have been entered to a relevant public register,
3) for obvious reasons, due to the nature of the case, there is no need to protect the data concerning the place of residence or
work of the aggrieved party or witness.
§ 5. The court or the authority conducting preparatory proceedings may disclose, to the necessary extent, the data referred to
in § 1 or the documents referred to in § 3, if they affect the resolution of the case.
Art. 149. Signature.
§ 1. Transcript of a hearing and of trial is signed without delay by the presiding judge and by the recording clerk.
§ 2. The shorthand record and its translation are signed by the stenographer and also by the presiding judge or the person
conducting the procedure.
§ 3. If the presiding judge cannot sign the transcript, it is signed by one of the members of the adjudicating panel in a given
case. The reason for the presiding judge’s failure to sign should be stated.
Art. 150. Signatures of participants.
§ 1. Except for the transcript of a hearing and of trial, transcripts are signed exclusively by the persons participating in a
procedure. Before being signed, the transcript should be read out and a mention thereof should be made.
§ 2. A person participating in a procedure may, when signing the transcript, raise objections as to its content. These objections
should be included in the transcript together with a statement from the person conducting the procedure.
Art. 151. Corrections. Adding missing signatures.
§ 1. Deletions, corrections and additions made in the transcript require explanation signed by the persons signing the
transcript.
§ 2. If the transcript has not been duly signed immediately after the procedure, any missing signatures can be added later, with
an indication of the date thereof and of the reason for the delay.
Art. 152. Request for correction. Parties and persons concerned may submit a request to correct the transcript of a hearing
and of trial or translation of sound recording, indicating any inaccuracies and omissions.
Art. 153. Consideration of request for correction.
§ 1. Upon hearing the recording clerk or the person, who made the translation of sound recording and playing the recording of
sound or of sound and vision, the presiding judge may accept the request and issue an order to correct the transcript or the
translation of sound recording. Otherwise, upon hearing the recording clerk or the person, who made the translation of sound
recording, the correction of the transcript is decided by the court in the same panel that adjudicated in the case.
§ 2. If it is not possible to form the same panel, a decision is not taken and each member of the panel together with the
recording clerk or the person, who made the translation of sound recording, expresses his opinion as to the justifiability of the
request and attaches it to the case files.
§ 3. If the request was accepted, an appropriate mention should be made in the corrected transcript or translation of sound
recording and signed by the presiding judge, the recording clerk or the person, who made the translation of sound recording.
§ 4. If an inaccuracy or omission in the translation of sound recording is a result of an irremovable distortion or gaps in the
recording, an appropriate mention thereof should be made in the transcript and in the translation.
§ 5. A request for the correction of transcript of a hearing or trial, or translation of sound recording, is left unexamined, if it
was submitted after the files of the case had been sent to a court of higher instance.
Art. 154. Obvious errors. Correction of obvious errors in typing or calculation in a transcript or in a translation of sound
recording may be done at any time upon request or ex officio. Article 153 applies accordingly.
Art. 155. Notification of correction.
§ 1. The parties are notified of a correction, and the party who requested a correction is also be notified of a denial to correct.
§ 2. A request for a correction is attached to the transcript regardless of its outcome.
Chapter 17. Inspection of files and making copies.
Art. 156. Access to files.
§ 1. Parties, defence counsels, attorneys and legal representatives are granted access to the files of a court case and given the
possibility of making copies thereof. Upon the consent of the president of the court, access to court files may also be granted
to other persons. Information on court files can also be made available by means of an information system, unless it is not
possible for technical reasons.
§ 1a. (repealed)
§ 2. At the request of the accused or his defence counsel, paid for copies of case file documents can be obtained. Paid for
copies may also be issued, upon request, to other parties, attorneys and legal representatives. An order concerning the request
may also be issued by a court referendary. Copies made by the parties themselves are free of charge.
§ 3. In the case of a justified need, the president of the court or a court referendary may order the issuance of paid for certified
copies of case files.
§ 4. In case of the danger of secret information classified as “confidential”or “strictly confidential” being disclosed, the files
may be reviewed and certified copies and copies made only in accordance with the restrictions imposed by the president of
the court or by the court itself. Certified copies or copies may not be issued unless the law provides otherwise.
§ 5. If there is no need for ensuring the correct course of proceedings or protecting an important state interest - in the course
of preparatory proceedings - parties, defence counsels, attorneys and legal representatives are allowed to review case files,
make certified copies or copies or may obtain certified copies or copies of case files; this right is also vested in the parties
after the conclusion of preparatory proceedings. The agency conducting preparatory proceedings rules with respect to granting
access to case files, making certified copies and copies by issuing orders. If the aggrieved party is denied access to case files,
he should be informed about the possibility of obtaining such access in another date. After the suspect or his defence counsel
have been notified about the possibility of being acquainted, at the end of preparatory proceedings, with the material gathered
in its course, the aggrieved party, his attorney or legal representative cannot be denied access to case files or the right of
making copies or certified copies or obtaining copies or certified copies. In exceptional cases, with the consent of the public
prosecutor, access to the files of preparatory proceedings may be granted to other persons. The public prosecutor may grant
access to data in electronic version.
§ 5a. If in the course of preparatory proceedings, the request for applying or extending detention on remand has been filed, the
suspect and his defence counsel is immediately granted access to case files in the part containing evidence indicated in the
request, except for testimonies of witnesses referred to in Article 250 § 2b.
§ 6. The Minister of Justice shall define by way of a regulation the fees for copies of documents and certified copies of case
files, bearing in mind the cost of making copies.
Art. 156a. Access to data or documents. Access to data or original documents placed in address attachment may be granted
only to state or local government authorities at their request, if it is necessary for the performance of their statutory duties. If
an important interest speaks for it, access may be granted also to other institutions or persons upon their request.
Art. 157. Certified copies.
§ 1. The parties and the persons directly concerned with the decision, are entitled to one certified copy of every decision. The
decision is handed over with the statement of reasons, if drawn up.
§ 2. In a case closed to the public due to an important state interest, the persons referred to in § 1 may obtain only a copy of
the judgment ending the case in each instance, without the statement of reasons.
§ 3. A party that participated in a procedure or was entitled to participate in a procedure may not be denied permission to
make a copy of the transcript thereof. The same applies to a document obtained from a party or drawn up with his
participation.
Art. 158. Public prosecutor's right.
§ 1. The public prosecutor may review the files of a court case at every stage and demand that they be sent to him with this
purpose, as long as this does not obstruct the proceedings and does not limit access to the files for other participants to the
proceedings, in particular to the accused and his defence counsel.
§ 2. If the files were sent to the public prosecutor, he is obliged to make them available to a party, defence counsel or attorney.
Art. 159. Interlocutory appeal. The parties who were denied access to the files of preparatory proceedings may appeal
against this decision. Interlocutory appeal against the decision of a public prosecutor is submitted to the court.
Chapter 18. Reconstruction of lost or damaged files.
Art. 160. Manner of reconstruction.
§ 1. The procedure in the event of a complete or partial loss or destruction of the files of a pending case is conducted by the
last court in which the case was considered.
§ 2. The Supreme Court conducts such a procedure only with respect its own files.
§ 3. The procedure in the event of a complete or partial loss or destruction of files of a case concluded with a final judgment is
conducted by the court, in which the case was considered in first instance or by another court indicated in the law.
§ 4. The files of preparatory proceedings are reconstructed by a public prosecutor, in accordance with the provisions of this
Chapter.
Art. 161. Partial reconstruction. If the files of the case concluded with a final judgment were lost or destroyed, those
sections of the files are reconstructed which are necessary to enforce the judgment, reopen the proceedings, conduct cassation
proceedings or realise other justified interests of the parties.
Art. 162. Reconstruction of files, summons to submit requests. The president of the court or the court referendary may
summon the parties to submit, within a defined deadline, requests as to the manner of reconstructing files and presenting
documents to allow such a reconstruction.
Art. 163. Presentation of documents.
§ 1. The president of the court or the court referendary summons any persons disposing of necessary documents to present
those documents to the court and, if necessary, the president of the court orders their compulsory collection. Articles 217-236
apply accordingly.
§ 2. After having made certified copies thereof, documents are returned to the person who delivered them or from whom they
were collected.
Art. 164. Reconstruction procedure. In an effort to reconstruct files, the court may conduct such proceedings, including
evidence, as it deems necessary. In particular, the court takes into consideration entries made to criminal records, registers and
other office books, registrations of vision and sound, notes made by recording clerks, judges, lay judges, public prosecutors,
advocates and legal advisors participating in the trial. The court may also call as witnesses all participants to the case, whose
files were lost or destroyed, and also other persons who may possess knowledge as to the content of the files. The parties are
entitled to participate in the hearing.
Art. 165. Decision.
§ 1. The decision concerning the reconstruction of case files specifies its scope or declares that the reconstruction is
impossible.
§ 2. The above decision is subject to interlocutory appeal.
Art. 166. Repetition of procedures. If the files of a case that has not yet been concluded with a final judgment cannot be
reconstructed or was only partially reconstructed, trial procedures should be repeated as necessary in order to continue the
proceedings.
Division V. Evidence.
Chapter 19. General provisions.
Art. 167. Evidentiary initiative. Evidence is examined at the request of the parties or ex officio.
Art. 168. Notorious facts. Notorious facts do not require to be proved. The same applies to facts known ex officio, however,
the attention of the parties should be directed to those facts. This does not exclude evidence to the contrary.
Art. 168a. Evidence obtained illegally. Evidence shall not be treated as inadmissible exclusively due to the fact that it was
gained in violation of procedural law or by commission of a prohibited act referred to in Article 1 § 1 of the Criminal Code,
unless it was gained by a public official in connection with the performance of his duties as a result of manslaughter, wilful
commission of a grievous bodily injury or deprivation of freedom.
Art. 168b. Evidence from operational control. If, as a result of an operational control ordered by a competent authority in
accordance with special regulations, evidence was obtained that a person, against whom the control was ordered, had
committed an offence prosecuted ex officio or a fiscal offence other than the offence, against which the control was directed,
or that such offence was committed by another person, the public prosecutor decides whether this evidence will be used in
criminal proceedings.
Art. 169. Evidentiary motions.
§ 1. Evidentiary motions should specify the evidence and circumstances to be proven. It is also admissible to indicate the
manner, in which evidence is to be examined.
§ 2. Evidentiary motions may also aim at revealing or evaluating proper evidence.
Art. 170. Dismissal of motion.
§ 1. An evidentiary motion is dismissed, if:
1) examination of evidence is inadmissible,
2) the circumstance to be proven is either irrelevant to the case or has already been proven in accordance with the statement
of the applicant,
3) the evidence is useless for ascertaining a given circumstance,
4) the evidence cannot be taken,
5) the evidentiary motion has obviously been submitted with the intention of prolonging the proceedings.
§ 2. The evidentiary motion may not be dismissed for the reason that the evidence to date has shown the opposite of what the
applicant intended it to prove.
§ 3. The evidentiary motion is dismissed by way of a decision.
§ 4. Rejection of the evidentiary motion does not preclude a subsequent admission of evidence, even if no new facts came to
light.
Art. 171. Mode of examination, right to ask questions.
§ 1. A person giving testimony should have the possibility of expressing himself freely, within the limits resulting from the
purpose of a given procedure, and only then may questions intended to supplement, clarify or control the testimony be asked.
§ 2. Apart from the agency conducting the examination, questions may only be asked by the parties, defence counsels,
attorneys, and experts. Questions are asked to the testifying person directly, unless the agency conducting the examination
orders otherwise.
§ 3. If the person giving testimony is not yet fifteen years old, procedures in which he takes part should, if possible, be
conducted with the attendance of a legal representative or a de facto guardian, unless it is contrary to the interest of the
proceedings.
§ 4. A testifying person should not be asked questions suggesting the answer.
§ 5. It is prohibited to:
1) influence the statements of the testifying person by means of force or illicit threat,
2) use hypnosis, chemical substances or technical means in order to influence psychical processes in the body of the
testifying person or allow control of the unconscious reactions of the body in connection with the examination.
§ 6. The agency conducting the examination disallows questions mentioned in § 4, as well as questions irrelevant to the case.
§ 7. Explanations, testimonies and statements made in circumstances precluding freedom of speech or obtained against the
prohibitions mentioned in § 5, may not constitute evidence.
Art. 172. Confrontation. Testifying persons may be confronted with the purpose of explaining contradictions. Confrontation
is not admissible in cases specified in Article 184.
Art. 173. Presentation.
§ 1. A testifying person may be shown another person, his image or an object with the purpose of recognition. Presentation
should be conducted in a manner excluding suggestion.
§ 2. If necessary, presentation may also be conducted in a manner excluding the possibility of recognition of a testifying
person by the person being recognised.
§ 3. During a presentation, the person being presented should be in a group consisting of at least four persons.
§ 4. The Minister of Justice, upon consultation with the Minister of Internal Affairs, shall define by way of a regulation the
technical conditions of conducting presentations, bearing in mind the necessity of ensuring an effective course of proceedings
and a proper realisation of the rights of the participants to the trial.
Art. 174. Inadmissibility of replacing. Evidence consisting of explanations of the accused or testimonies of a witness may
not be replaced with the content of documents, notes or memoranda.
Chapter 20. Explanations of the accused.
Art. 175. Refusal.
§ 1. The accused has the right of providing explanations. However, without giving reasons, he may refuse to answer certain
questions or refuse to give explanations. The accused should be advised of this right.
§ 2. The accused attending evidentiary procedures may provide explanations with respect to every piece of evidence.
Art. 176. Explanations in writing.
§ 1. In preparatory proceedings during the examination the accused should, at his request or at the request of his defence
counsel, be granted the possibility of giving explanations in writing. In such cases, the person conducting the examination
undertakes measures to prevent communication between the accused with another person while writing the explanations.
§ 2. The person conducting the examination may, for important reasons, deny to the accused party consent to give
explanations in writing.
§ 3. (repealed)
§ 4. Written explanations of the accused, signed by him and mentioning the date, on which there were given, are attached to
the record.
Chapter 21. Witnesses.
Art. 177. Obligations.
§ 1. A person summoned as a witness is obliged to appear and testify.
§ 1a. An examination of a witness may be carried out by the use of technical devices allowing this procedure to take place
remotely, with a simultaneous transmission of sound and vision. In proceedings before the court, the procedures carried out at
the witness’ location is attended by the court referendary, assistant judge or a clerk employed by the court in the judicial
circuit of which the examination takes place.
§ 2. A witness, who cannot answer the summons due to illness, disability or other insurmountable obstacle may testify in the
place of his stay.
Art. 178. Inadmissibility of evidence. It is not permitted to examine as a witness:
1) a defence counsel or an advocate or legal advisor acting pursuant to Article 245 § 1 with regard to facts learned while
giving legal advice or conducting a case,
2) a clergyman with regard to facts learned during confession.
Art. 178a It is not permitted to examine as a witness a mediator with regard to fact learnt from the accused or the aggrieved
party while conducting mediation proceedings, except for the information about offences referred to in Article 240 § 1 of the
Criminal Code.
Art. 179. State secret.
§ 1. Persons obliged to not disclose information classified as “confidential” or “strictly confidential” may testify as to
information to which the above obligation applies only after they are released from the duty of confidentiality by an entitled
superior authority.
§ 2. The release may be refused only when the testimony may result in serious damage to the State.
§ 3. The court or public prosecutor may apply to the proper agency of government administration to release a witness from
the duty of confidentiality, unless specific laws provide otherwise.
Art. 180. Function or professional secret.
§ 1. Persons obliged to not disclose information classified as “privileged” or “confidential”, or secrets related to their
profession or function may refuse to testify as to the information to which this duty extends, unless the court or the public
prosecutor, acting in the interest of the administration of justice, releases them from the duty of confidentiality and as long as
the specific laws do not provide otherwise. Decisions concerning such a release are subject to interlocutory appeal.
§ 2. Persons subject to notary, advocate, legal advisor, tax advisor, physician, reporter’s, statistical or General Counsel’s to
the Republic of Poland privilege may be questioned with regard to the facts covered by this privilege only when this is
indispensable for the interest of the administration of justice and such facts cannot be established on the basis of any other
evidence. In preparatory proceedings, a deposition or a permission to take a deposition is decided upon by the court in a
hearing without the attendance of the parties, within a period not exceeding seven days from the application of the public
prosecutor. The decision of the court is subject to interlocutory appeal.
§ 3. Reporter’s privilege may not be suspended with respect to information enabling the identification of the author of press
material, a letter to the editor or of any other material of that nature, or the identification of persons supplying information
published or designated for publication, if those persons requested that the above information be privileged.
§ 4. The provisions of § 3 do not apply if the information concerns an offence referred to in Article 240 § 1 of the Criminal
Code.
§ 5. The refusal of a journalist to disclose information referred to in § 3 does not waive his responsibility for an offence
committed by publishing the information.
Art. 181. Closed trial.
§ 1. In cases provided for by Articles 179 and 180, the court examines the testimony of such a person in a closed trial. This
does not apply when the privilege was waived pursuant to Article 40 Section 2 point 4, Article 40 Section 3 of the Act of 5
December 1996 on Medical Profession (Journal of Laws of 2017 item 125 and 767), Article 14 Section 2 point 3 or Article 14
Section 3 of the Act of 6 November 2008 on Patient’s Rights and Patient’s Rights Ombudsman (Journal of Laws of 2017 item
1318 and 1524), within the scope provided for by the above acts and with no objection indicated therein.
§ 1a. If the privilege was waived on the grounds and in accordance with the rules indicated in § 1 second sentence, the
circumstances to which the privilege extends, which have been disclosed in a closed trial, can be made public by the person,
whose consent was required for the waiver of privilege.
§ 2. The Minister of Justice shall define by way of a regulation the manner of production, archiving and making available the
transcripts of examination of the accused, witnesses, experts or probation officers, as well as other documents or objects that
are subject to a confidentiality obligation with respect to classified information or confidentiality obligation related to the
performance of a profession or function. The Minister of Justice shall also define the admissible manner that such minutes,
documents and objects may be referred to in judgments and writs, bearing in mind the necessity of ensuring an adequate level
of protection of confidentiality against unauthorised disclosure.
Art. 182. Refusal to testify.
§ 1. The next of kin to the accused may refuse to testify.
§ 2. The right to refuse to testify continues despite the fact that the marriage or adoption was terminated.
§ 3. The right to refuse to testify is also vested in a witness who is accused of being an accomplice in the crime in question in
a separate trial in progress.
Art. 183. Refusal to answer a question.
§ 1. A witness may refuse to answer a question, if the answer might incriminate himself or his next of kin for an offence or a
fiscal offence.
§ 2. A witness may demand that the hearing be conducted in a closed hearing if his or her testimony might expose him or her
or his or her next of kin to dishonour.
Art. 184. Anonymous witness.
§ 1. In case of a justified concern of a danger to the life, health, freedom or property of considerable value of a witness or his
next of kin, the court and, in preparatory proceedings, the public prosecutor, may decide to keep confidential circumstances
enabling the identification of a witness, including his personal information, if such information is not relevant to the case. The
proceeding in this case is conducted without the participation of the parties and is secret, being considered “confidential” or
“strictly confidential”. In any ruling, the information referred to in the first sentence is omitted.
§ 2. If the ruling mentioned in § 1 is issued, the circumstances referred to therein is reserved to the exclusive knowledge of the
court and of the public prosecutor and, if needed, also the Police officer conducting the investigation. The transcript of the
examination of the witness may be made available to the accused or his defence counsel exclusively in a manner precluding
the possibility of disclosure of the circumstances referred to in § 1.
§ 3. The witness is examined by the public prosecutor and by the court, which may delegate one of the members of its panel
to conduct this procedure, in a place and manner precluding the disclosure of the information mentioned in § 1. The public
prosecutor, the accused and his defence counsel have the right to participate in the examination of a witness conducted by the
court or by a delegated judge. The provisions of Article 396 § 3 second sentence apply accordingly.
§ 4. If the examination of a witness is conducted with the use of technical devices allowing this procedure to take place at a
distance, the transcript of this procedure, if conducted with the participation of specialists, should contain names, surnames,
areas of expertise and type of activities undertaken. The provisions of Article 205 § 3 do not apply.
§ 5. The witness, the accused and, during court proceedings, also the public prosecutor may file an appeal against a decision
imposing the obligation of confidentiality with regard to information referred to in § 1. The appeal must be filed within three
days. An appeal against a decision issued by the public prosecutor is considered by the court competent to hear the case. The
appeal hearing is conducted without the participation of the parties and is secret, being considered classified as “confidential”
or “strictly confidential”.
§ 6. If an interlocutory appeal is successful, the transcript of the examination of a witness is destroyed. The destruction thereof
is mentioned in the case files.
§ 7. A witness may, before the closing of judicial examination before the court of first instance, request the annulment of the
decision referred to in § 1. The decision concerning this request is subject to interlocutory appeal. The provision of § 5 applies
accordingly. If the request is granted, the transcript from the examination of the witness is disclosed in its entirety.
§ 8. If it transpires that at the time when the decision referred to in § 1 was issued there was no justified concern for the safety
of the life, health, freedom or property of considerable value of a witness or his next of kin, or that a witness has intentionally
given false testimony or his identity was disclosed, in preparatory proceedings the public prosecutor and, in court
proceedings, the court, upon the request of the public prosecutor, may annul this decision. The provisions of § 5 apply
accordingly. The transcript of the examination of a witness is disclosed in its entirety.
§ 9. The Minister of Justice shall determine by way of a regulation a manner and conditions for submission of the application
for the decision referred to in § 1, of examining a witness to whom such a decision relates, and of the preparation, storage and
availability of to the transcripts of the examination of such a witness, as well as the acceptable manner to refer to his
testimony in judgments and writs, bearing in mind the necessity of adequate protection of information identifying the witness
against unauthorised disclosure.
Art. 185. Release from obligation to testify. A person in a particularly close personal relationship with the accused may be
released from the obligation to testify or to answer questions, if such a person applies for such a release.
Art. 185a. Verification of an aggrieved party in the capacity of a witness.
§ 1. In cases concerning offences committed with the use of violence of illegal threat or defined in Chapters XXIII, XXV and
XXVI of the Criminal Code, an injured party who is below the age of 15 at the time of the examination testifies as a witness
only once, unless important circumstances come to light, the clarification of which requires a second examination, or unless
the accused who was not assisted by a defence counsel during the first testimony so demands.
§ 2. The examination is conducted by the court with the attendance of an expert psychologist. The public prosecutor, the
defence counsel and the attorney of the aggrieved party may participate in the examination. The person mentioned in Article
51 § 2 or an adult person indicated by the aggrieved party referred to in § 1 may attend the examination, if this does not limit
the freedom of expression of the person giving testimony. If the accused notified of this procedure does not have a defence
counsel of his own choice, the court appoints for him a defence counsel ex officio.
§ 3. The transcript from the examination is read at the main trial. If the vision and sound of the hearing were recorded, they
should be played.
§ 4. In cases concerning offences referred to in § 1, a minor injured party who at the time of the examination has attained 15
years of age, is examined in the conditions specified in § 1-3, if there is a justified concern that the examination carried out in
different conditions might have a negative impact on his mental state.
Art. 185b. Conditions of examination of a minor.
§ 1. In cases concerning offences committed with the use of violence or illegal threat or offences defined in Chapter XXV or
XXVI of the Criminal Code, a witness who, at the time of testifying, is not yet 15 may be subject to an examination upon
conditions defined in Article 185a § 1-3, if his testimonies may be of vital importance to the case.
§ 2. In cases concerning offences referred to in § 1, a minor injured party who at the time of the examination has attained 15
years of age, is examined in the conditions specified in Article 177 § 1a, if there is a justified concern that a direct presence of
the accused might hinder the witness’s testimonies or have a negative impact on his mental state.
§ 3. The provisions of § 1 and 2 do not apply to a witness, who co-perpetrated the offence, with which criminal proceedings
are concerned, or to a witness, whose offence is connected with the offence, with which criminal proceedings are concerned.
Art. 185c. Examination of aggrieved party in the capacity of a witness.
§ 1. In cases concerning offences referred to in Articles 197-199 of the Criminal Code, report of the offence submitted by the
aggrieved party should be limited to the most important facts and evidence.
§ 2. The examination of the aggrieved party in the capacity of a witness is conducted by the court in a hearing, which may be
attended by the public prosecutor, the defence counsel and the attorney of the aggrieved party. At the main trial, the vision
and sound recording of the examination is played and the transcript of the examination is read.
§ 3. If it is necessary to repeat the examination of the aggrieved party in the capacity of a witness, the examination is carried
out in the conditions specified in Article 177 § 1a, if there is a justified concern that a direct presence of the accused might
hinder the witness’s testimonies or have a negative impact on his mental state.
§ 4. If the examination is carried out with the participation of an expert psychologist, at the request of the aggrieved party it
should be ensured that the expert psychologist be of the same gender as the aggrieved party, unless this might hinder the
proceedings.
Art. 185d. Premises used for examination.
§ 1. Examinations referred to in Articles 185a-185c are carried out in the premises adequately adapted for this purpose in the
seat of the court or out of it.
§ 2. The Minister of Justice shall define by way of a regulation the modality of preparing the examinations referred to in § 1
and the requirements that must be fulfilled by the premises dedicated to carry out such examinations, including their technical
equipment, bearing in mind the necessity of securing the freedom of expression and security of the examined persons.
Art. 186. Inadmissibility of evidence.
§ 1. A person who has the right to refuse testimony or is released from this obligation pursuant to Article 185 may declare that
he wishes to use this right, however no later than before the commencement of his first testimony in the judicial proceedings.
In such a case, the previous testimony of such a person cannot be used as evidence or reproduced.
§ 2. Records from physical examinations made in criminal proceedings are disclosed at the trial, even if the examined person
refused to provide testimonies or explanations, or was released from this obligation pursuant to Article 182 or Article 185.
Art. 187. Oath.
§ 1. An oath from a witness may be taken only by the court or by an appointed judge.
§ 2. A witness takes an oath before starting the testimony.
§ 3. It is possible to refrain from taking the oath from a witness if attending parties do not object.
Art. 188. Text of oath.
§ 1. A witness takes the oath by repeating after the judge the following words:“Aware of the meaning of my words and
responsibility before the law, I solemnly swear to tell the truth, conceal nothing from what is known to me”.
§ 2. When the oath is taken, everybody, judges included, stands.
§ 3. Persons, who are mute or deaf, take the oath by signing its text.
§ 4. A witness, who has already taken the oath, is reminded of this fact by the court before the hearing, unless the court deems
it necessary to administer the oath to him once again.
Art. 189. Inadmissibility of taking oath. The oath is not taken when:
1) the witness is not yet 17 years old,
2) there is a justified suspicion that due to a mental disorder the witness is not fully aware of the meaning of the oath,
3) the witness is suspected of having committed the offence in question or is closely linked with the deed in question or was
convicted of this offence,
4) the witness was sentenced with a final court judgment for giving false testimony or false accusations.
Art. 190. Instruction of criminal responsibility.
§ 1. Before the examination, the witness should be advised of criminal responsibility for giving false testimony or concealing
the truth.
§ 2. In preparatory proceedings, the witness signs a declaration that he was advised of this responsibility.
Art. 191. Beginning of examination.
§ 1. The examination starts with asking the witness about his name, surname, age, occupation, former convictions for false
testimonies or accusations and relation with the parties.
§ 1a. The place of residence of a witness is established on the basis of an identity document or the witness’ statement.
§ 1b. Questions asked to a witness cannot be aimed at disclosing his place of residence or work, unless these circumstances
have bearing on the resolution of the case.
§ 2. The witness should be advised of the content of Article 182, 183 and 185, if circumstances mentioned in these provisions
come to light.
§ 3. (repealed)
Art. 192. Examinations and tests.
§ 1. If the punishability of the deed depends upon the state of health of the injured party, he may not oppose physical
examinations or tests not involving a surgical procedure or observation in a medical institution.
§ 2. If there is doubt as to the mental state of a witness, his intellectual development, or ability to observe or recollect
observations, the court or public prosecutor may decide that the witness will testify with the attendance of an expert physician
or psychologist, and the witness cannot oppose this.
§ 3. The provisions of § 1 and 2 do not apply to persons who refuse to testify or were released from this obligation pursuant to
Article 182 § 1 and 2 or Article 185.
§ 4. For evidentiary purposes, a witness, with his consent, may also be subject to physical examinations or medical or
psychological tests.
Art. 192a. Collection of material for the purpose of elimination, polygraph test.
§ 1. In order to limit the circle of suspects or to establish the evidentiary value of detected traces, the collection of
fingerprints, oral tissue, hair, saliva, handwriting sample, smell, and the taking of photographs or voice recordings of a person
is permitted. After use in the case, the material collected or registered for this purpose that is not necessary for the
proceedings must immediately be removed from the files and destroyed.
§ 2. In cases referred to in § 1, upon the consent of the examined person, an expert may also apply technical measures, the
purpose of which is to control unconscious bodily reactions of such a person.
§ 3. The examinations and activities referred to in § 1 and in Article 192 § 1 are conducted respectively in the conditions and
in the manner defined in the provisions issued pursuant to Article 74 § 4.
Chapter 22. Experts, interpreters, specialists.
Art. 193. Appointment.
§ 1. If the establishment of circumstances vital for the solution of a case requires special knowledge, the opinion of one or
more experts is requested.
§ 2. A scientific or specialised institution may also be requested to express an opinion.
§ 3. If experts specialising in different areas of knowledge are appointed, the agency in charge of the proceedings decides
whether they should conduct their examinations together and issue a joint or separate opinions.
Art. 194. Decision. Evidence consisting of an expert opinion is admitted by way of a decision, which should contain:
1) the name, surname and area of expertise of the expert or experts and, in case of the opinion of an institution, the
specialisation and qualifications of the persons participating in the issue of the expert opinion, if necessary,
2) the subject and scope of the opinion with specific questions, if necessary,
3) the time limit within which the opinion should be delivered.
Art. 195. Duty. The duties of an expert are performed not only by a court expert, but also by any person known to have
adequate knowledge in a given area.
Art. 196. Disqualification.
§ 1. Persons mentioned in Article 178, 182 and 185, as well as persons, who are disqualified for the reasons listed in Article
40 § 1 points 1-3 and 5 or summoned to act as a witness in a given case or who witnessed the offence, may not be called as
experts.
§ 2. If the reasons for the disqualification of an expert mentioned in § 1 come to light, the opinion issued by him does not
constitute evidence and - in place of the disqualified expert - a new expert is appointed.
§ 3. If information is revealed that undermines confidence in the expert’s knowledge or impartiality, or other important
information, a new expert is appointed.
Art. 197. Oath.
§ 1. An expert makes the following oath: “Aware of the meaning of my words and of the responsibility before the law, I
solemnly swear that I will perform the duties entrusted to me with utmost diligence and impartiality”.
§ 2. A court expert refers to the oath made while he was appointed to this function.
§ 2a. If there is a justified risk that violence or illegal threat might be used against an expert or his next of kin in relation to his
activity, information concerning his place of residence may be reserved for the exclusive knowledge of the court or the public
prosecutor. In such a case, writs are served to the institution, where the expert is employed or to another address indicated
thereby.
§ 3. Provisions of Article 177, Articles 179-181, Article 187, Articles 188 § 2 and 4, Article 190 and Article 191 § 1 apply
respectively to experts.
Art. 198. Issue of opinion.
§ 1. If needed, the expert is granted access to the case file to the extent necessary for the opinion to be issued and is
summoned to participate in the examination of the evidence.
§ 2. The agency conducting the procedure may reserve the right to be present at any or all examinations conducted by the
expert, insofar as this does not have a negative impact on their outcome.
§ 3. If necessary, the agency conducting the procedure may modify the scope of the expert opinion, as well as change or ask
additional questions.
Art. 199. Inadmissibility of evidence. Statements by the accused, made to an expert or a doctor providing medical assistance
and concerning the offence with which the accused is charged, do not constitute evidence.
Art. 199a. Polygraph test. In course of the examination, an expert may use technical devices allowing the control of
unconscious bodily reactions of the accused exclusively with his consent. The provisions of Article 199 do not apply.
Art. 200. Form and contents of opinion.
§ 1. The opinion is given by the expert orally or in writing, in accordance with the requirement of the agency conducting the
proceedings.
§ 2. The opinion should contain:
1) the name, surname, scientific title, specialisation and professional position of the expert,
2) the names and surnames and the remaining details of the persons who participated in the issue of the opinion, with an
indication of the activities performed by each of them,
3) in case of the opinion of an institution, also the full name and the registered premises of the institution,
4) the period when the examinations were conducted and the date on which the opinion was issued,
5) a report on the activities performed, findings made and conclusions based thereon,
6) signatures of all experts who participated in the issue of the opinion.
§ 3. Persons, who participated in the issue of the opinion may, if necessary, be examined in the capacity of experts, while
persons who participated only in tests in the capacity of witnesses.
Art. 201. Incomplete or unclear opinion, contradictions between different opinions. If the opinion is incomplete, unclear
or contradictory or if there are contradictions between different opinions issued in the same case, the court may summon the
same experts again or appoint new ones.
Art. 202. Psychiatric opinion.
§ 1. For an opinion concerning the mental state of the accused the court and, in preparatory proceedings, the public prosecutor
appoints at least two expert psychiatrists.
§ 2. At the request of the psychiatrists, experts in other areas of expertise may be appointed to participate in the issue of the
opinion.
§ 3. For an opinion concerning the mental state of the accused with respect to a sexual orientation disorder, the court and, in
preparatory proceedings, the public prosecutor appoints an expert sexologist.
§ 4. Experts must not married one to another nor be involved in any relationship, which may call their independence into
question.
§ 5. An expert opinion should contain information as to the mental state of the accused at the moment of committing the
offence, with which the accused is charged, as well as to his mental state at the time of the proceedings and information,
whether this state allows the accused to participate in the proceedings and defend himself in an independent and reasonable
manner, and if necessary, as to the circumstances mentioned in Article 93b of the Criminal Code.
Art. 203. Observation in medical institution.
§ 1. If experts deem it necessary, an examination of the mental health of the accused may be combined with observation in a
medical institution, provided that the evidence collected indicates a high probability that the accused committed the offence.
The provisions of Article 259 § 2 apply accordingly, unless the accused requests to be put under observation.
§ 2. The need for observation is decided upon by the court, which specifies the location and duration of the observation. In
preparatory proceedings, the court decides on the motion of the public prosecutor. The provisions of Article 156 § 5a and
Article 249 § 3 and 5 apply accordingly.
§ 3. Observation in a medical institution should not last longer than four weeks. At the request of the medical institution, the
court may extend the observation for a definite period of time necessary to complete the observation. However, the entire
period of observation in a given case shall not exceed eight weeks. Experts notify the court immediately of the conclusion of
the observation.
§ 4. The decisions referred to in § 2 and 3 are subject to interlocutory appeal, which is considered by the court without delay.
§ 5. The Minister of Health, upon consultation with the Minister of Justice, shall define by way of a regulation a list of
psychiatric and rehabilitation institutions where observation of persons deprived of liberty may be carried out, the manner of
financing the observation, as well as security requirements for institutions for persons deprived of liberty, bearing in mind the
need to ensure an effective course of proceedings.
Art. 204. Summoning an interpreter.
§ 1. An interpreter is summoned if there is a need for the examination of:
1) a person, who is deaf or mute and written communication is not sufficient,
2) a person who has no command of Polish.
§ 2. An interpreter should also be summoned if there is a need to translate a document drawn up in a foreign language in to
Polish or vice versa or to familiarise a party to the proceedings with the content of the evidence.
§ 3. The provisions concerning experts apply accordingly to interpreters.
Art. 205. Specialists.
§ 1. Whenever an inspection, an interrogation with use of devices allowing remote communication, an experiment, an expert
opinion, a seizure of objects or a search requires technical actions, such as measurements, calculations, photographs or
securing traces, specialists may be summoned to participate therein.
§ 2. A specialist who is not an official of the agency conducting the proceedings, before performing his activity, may be
summoned to make the following oath: “Being aware of the meaning of duties entrusted to me and of the responsibility before
the law, I solemnly promise that I shall perform my duties with utmost diligence and impartiality.”
§ 3. The transcript of a procedure conducted with the participation of specialists should specify their names and surnames,
areas of expertise, places of residence, places of employment and positions, as well as the type and scope of activities
performed by each of them.
Art. 206. Application of provisions concerning experts.
§ 1. The provisions concerning experts, excluding Article 194, 197, 200 and 202, apply accordingly to specialists.
§ 2. If needed, specialists may be examined as witnesses.
Chapter 23. Inspection. Autopsy. Experiment.
Art. 207. Types of inspections.
§ 1. If necessary, a place, a person or an object is inspected.
§ 2. If, in the course of the inspection, the object may be destroyed or deformed, a part of it should be preserved intact or, if
this is not possible, the original state should be recorded in another manner.
Art. 208. Inspection of body. Inspection or examination of the body, which may cause a feeling of embarrassment, should be
performed by a person of the same gender, unless this is connected with particular difficulties. Persons of the opposite sex
may only be present if necessary.
Art. 209. Examination and autopsy of corpse.
§ 1. In the event of a suspicion of a criminal cause of death, a physical examination and autopsy of the corpse is carried out.
§ 2. The examination of the corpse is carried out by the public prosecutor and, in court proceedings, by the court with the
participation of an expert physician, if it is possible specialising in forensic medicine. In urgent cases, the corpse is examined
by the Police and the public prosecutor is immediately notified thereof.
§ 3. The corpse is examined at the place where it was found. Until the arrival of the expert and the public prosecutor or the
court, it can only be moved or taken to another place if necessary.
§ 4. The autopsy is performed by the expert physician, if it is possible specialising in forensic medicine, with the attendance
of the public prosecutor or the court. In proceedings before the court, the provisions of Article 396 § 1 and 4 apply
accordingly.
§ 5. If needed, apart from the expert, the physician who was the last to give aid to the deceased may be summoned to the
examination and autopsy of the corpse. The examination and autopsy is described by the expert in the report in accordance
with the requirements set forth in Article 200 § 2.
Art. 210. Exhumation. In order to examine the corpse or carry out autopsy, the public prosecutor or the court may order the
exhumation of the corpse.
Art. 211. Experiment. In order to verify circumstances of significant importance to the case, an experiment in the
proceedings may be undertaken consisting in a test or in the reconstruction of all or some events analysed in the proceedings.
Art. 212. Accompanying procedures. During the inspection or experiment, interrogations and other trial procedures may be
conducted.
Chapter 24. Community inquiry and examination of the accused.
Art. 213. Scope of data concerning the accused.
§ 1. In course of the proceedings, the following data concerning the accused should be established: identity, number assigned
to the accused in the General Electronic System of Identification of Population (PESEL) and in case of a person, who does
not have a PESEL number - number and type or proof of identity document and the name of the issuing authority of the
document, age, family and economic status, level of education, profession, sources of income, criminal record, and if
possible, also telephone number or e-mail address allowing contact with the accused and Tax Identification Number (NIP).
Data concerning an accused, who at the moment of committing the offence was a public official, should also contain record of
his service and mention about distinctions and disciplinary penalties.
§ 1a. If necessary, the public prosecutor, other entity conducting preparatory proceedings or the court acquires from
teleinformatic system of the Minister responsible for public finances information on property and sources of income of the
accused, including tax proceedings pending and concluded, on the basis of data gathered in this system. Information is
obtained in the electronic way.
§ 1b. In the proceedings concerning offences against safety in road traffic defined in Chapter XXI of the Criminal Code,
information on the accused should also be obtained from the central driver register and from the register of traffic offenders
maintained by the Police. If this information was obtained more than six months previously, it should be reobtained.
§ 2. If the suspect was previously sentenced with a final court judgment, in order to establish whether the offence was
committed under the conditions specified in Article 64 of the Criminal Code or - in case of a fiscal offence - under conditions
specified in Article 37 § 1 pkt 4 of the Fiscal Criminal Code, a copy or an excerpt from the court judgment, as well as
information concerning the service of the penalty is attached to the case files. This procedure applies also to indictable
offences.
§ 2a. If the agency conducting the proceedings learns that the accused has previously been sentenced, the provision of § 2
applies accordingly to sentences issued by the court of any member state of the European Union.
§ 3. (repealed)
§ 4. The Minister of Justice, upon consultation with the Minister responsible for public finances, shall define by way of a
regulation the form and detailed scope of information referred to in § 1a and the procedure aimed at obtaining it, bearing in
mind the need for ensuring that the authority conducting proceedings has access to all data necessary for the realisation of its
objectives, protection of statutory privileged information and settlement periods of tax obligations.
Art. 214. Community inquiry.
§ 1. If needed, and in particular when it is necessary to acquire information concerning the personal condition and lifestyle of
the accused, the court and, in preparatory proceedings, the public prosecutor, orders a community inquiry into the accused to
be conducted by a professional court probation officer or another entity authorised to do so by virtue of separate provisions
and, in particularly justified cases, by the Police.
§ 2. The community inquiry is obligatory:
1) in cases concerning indictable offences,
2) in case of the accused charged with the intentional commission of an offence against life who, at the time of committing a
crime, was under 21 years of age.
§ 3. A community inquiry need not be conducted with regard to an accused, who has no permanent residence in Poland.
§ 4. The results of the community inquiry should contain in particular:
1) the name and surname of the probation officer who conducted the inquiry,
2) the name and surname of the accused,
3) a brief description of the life led by the accused and detailed information about his life environment, in particular about
family, school or professional environment, economic situation and sources of income,
4) data concerning the health of the accused including, in particular, information about alcohol, drug, psychoactive or
psychotropic substance abuse,
5) the probation officer’s own findings and conclusions, in particular with regard to the personal condition and lifestyle of the
accused.
§ 5. The details of persons who provided information during the community inquiry are disclosed by the probation officer
only on the request of the court and, in preparatory proceedings, of the public prosecutor.
§ 6. Persons providing information during the community inquiry may, if necessary, be examined in the capacity of witnesses.
§ 7. The Police are obliged to assist persons conducting the inquiry in the performance of their duties and to ensure their
safety.
§ 8. The provisions concerning the disqualification of a judge apply accordingly to persons appointed to conduct the inquiry.
This disqualification is decided upon by the court and, in preparatory proceedings, by the public prosecutor.
§ 9. The Minister of Justice, upon consultation with the Minister responsible for internal affairs, shall define by way of a
regulation the regulations concerning community inquiries and the form of the questionnaire applied during the inquiry,
bearing in mind the necessity of collecting exhaustive data on the accused.
Art. 215. Psychological examination. If necessary, the court and, in preparatory proceedings, the public prosecutor may
order an examination of the accused by expert psychologists or physicians, in accordance with the principles set forth in
Article 74.
Art. 216. Examination in the capacity of a witness. The persons that conducted the inquiry may, if necessary, be examined
in the capacity of witnesses.
Chapter 25. Search and Seizure.
Art. 217. Surrender and seizure of object.
§ 1. Objects which may serve as evidence or which are subject to seizure in order to secure financial penalties, penal measures
of financial nature, forfeiture, compensatory measures or claims for compensation for damage, should be surrendered at the
request of the court, the public prosecutor, and in urgent cases, of the Police or other authorised agency.
§ 2. A holder of an object subject to seizure is called upon to surrender it voluntarily.
§ 3. In case of seizure, Article 288 applies accordingly. A transcript thereof need not be taken, if the object is attached to the
case files.
§ 4. If the surrender is demanded by the Police or by other authorised agency acting on its own behalf, the person
surrendering the object may immediately request that the decision approving the seizure be drawn up by the court or the
public prosecutor and delivered. A person surrendering an object should be advised of that right. The decision should be
served within fourteen days of the seizure.
§ 5. In the case of a refusal to surrender an object voluntarily, it may be seized by force. Articles 220 § 3 and 229 apply
accordingly.
Art. 218. Surrender of correspondence, packages and lists of communications.
§ 1. Offices, institutions and entities conducting postal and telecommunications activity, customs offices and transportation
institutions and enterprises, are obliged to surrender to the court or the public prosecutor, on a demand expressed in the form
of a decision, any correspondence or packages referred to in Article 180c and 180d of the Act of 16 July 2004
Telecommunications Law (Journal of Laws of 2016, item 1489, as amended), if they are relevant to proceedings in progress.
Only the court or the public prosecutor may open them or order them opened.
§ 2. The decision referred to in § 1 is served upon the addressee of the correspondence, to the holder of telephone number or
to the sender, whose list of communications or other transmissions of information was surrendered. The service of the
decision may be postponed for a defined period essential to the interests of the case, yet no longer than until the proceedings
are validly concluded.
§ 3. Any correspondence irrelevant to criminal proceedings should be immediately returned to the appropriate offices,
institutions or enterprises mentioned under § 1.
Art. 218a. Securing electronic data.
§ 1. Offices, institutions and entities conducting telecommunication activity are obliged, upon the request of the court or the
public prosecutor expressed in the form of a decision, to immediately secure, for a definite period not exceeding ninety days,
said electronic data stored on hardware devices in IT systems or on storage media. Article 218 § 2 second sentence applies
accordingly.
§ 2. The electronic data referred to in § 1, which are irrelevant for criminal proceedings, should be released from seizure
immediately.
Art. 218b. Delegation. The Minister of Justice, upon consultation with the Minister responsible for telecommunications, the
Minister of National Defence and the Minister responsible for internal affairs, shall define by way of a regulation the manner
in which systems and networks serving to transmit of information should be technically prepared to collect data referred to in
Article 218 § 1 that do not constitute telephone conversations or other transmission of information, as well as the methods of
ensuring the security of computer data stored on hardware, in IT systems and on data storage media, bearing in mind the
necessity of protecting them against loss, distortion or unauthorised disclosure.
Art. 219. Grounds for search.
§ 1. In order to detect, detain or forcibly arrest a suspected person, and also to find objects which might constitute evidence in
a case or which are subject to seizure in criminal proceedings, a search of premises or other places may be conducted, if there
are justified grounds for the belief that either a suspected person or specified objects are there.
§ 2. In order to find the objects referred to in § 1, a search of persons, their clothing and personal effects may also be carried
out under the condition set forth in this provision.
Art. 220. Conduct of search.
§ 1. A search may be conducted by the public prosecutor or by the Police, acting upon an order of the court or the public
prosecutor and, in cases specified by the law, by another agency.
§ 2. A person whose premises are to be searched should be presented with a warrant issued by a court or the public
prosecutor.
§ 3. In urgent cases, if the court or the public prosecutor cannot issue a warrant, the person conducting the search presents an
order from the head of his unit or an official identity card, and subsequently, without delay, requests the court or the public
prosecutor to approve the search. The court or public prosecutor’s decision approving the search should be delivered to the
person whose premises were searched, within seven days of the search on the request of such a person recorded in the
transcript. A person, whose premises were searched should be advised of the right to submit such a request.
Art. 221. Night-time.
§ 1. Searches of places of residence are conducted at night-time only in urgent cases; “night-time” is the time from 10 p.m. to
6 a.m.
§ 2. A search commenced by day may be continued during the night-time.
§ 3. During night-time, it is permitted to search premises open at that time to the public or used for storage of goods.
Art. 222. Premises of an institution.
§ 1. If a search is to be conducted in the premises or a closed area belonging to the State or to local government institution, the
head of such an institution, his deputy or the agency supervising this institution should be notified of the intended search and
allowed to participate therein.
§ 2. A search of premises occupied by the army may be conducted only in the presence of the commanding officer or a person
appointed by him.
Art. 223. Search of a person. A search of a person and clothing worn by this person should be conducted, if possible, by a
person of the same sex.
Art. 224. Manner of searching.
§ 1. A person, whose premises are to be searched, should be notified before the commencement of the search of its purpose
and summoned to surrender the objects sought.
§ 2. A person referred to in § 1, as well as a person designated by the person conducting the search, has the right to be present
at the search. Furthermore, the search may be witnessed by an individual indicated by the person, whose premises are
searched, if this does not render the search impossible or does not obstruct it in any significant manner.
§ 3. If the householder of the premises is absent at the time of the search, at least one adult member of the household should
be summoned to attend the search.
Art. 225. Protection of secret.
§ 1. If the head of a State or local government institution, or a person in whose premises an object was seized or a search was
conducted, declares that a document found or surrendered contains confidential information, or information constituting
professional or other legally protected secret or is of a private nature, the agency conducting the search immediately, without
reading it, hands the document over to the public prosecutor or to the court in a sealed envelope.
§ 2. The procedure indicated in § 1 does not apply to correspondence or other documents containing information classified as
“privileged” or “confidential”, or information constituting a professional or other legally protected secret, if their holder is
suspected of having committed an offence. It also does not apply to letters or other documents of a personal nature, if the
person suspected of having committed an offence is their holder, author or addressee.
§ 3. If the defence counsel or other person summoned to surrender an object or whose premises were researched, declares that
correspondence or other documents surrendered or found in course of the search contain information pertaining to the
performance of function of the defence counsel, the agency conducting the search leaves the documents to the said person
without becoming familiar with their contents or appearance. However, if such a statement made by a person who is not a
defence counsel, raises doubts, the agency conducting the procedure, observing the restrictions mentioned under § 1, hands
these documents over to the court. The court, having acquainted itself with the documents, returns them in their entirety or in
part to the person, from whom they were taken, restrictions mentioned under § 1 being observed, or issues a decision that the
documents be seized for the purposes of the proceedings.
§ 4. A file of a psychiatric treatment surrendered, seized or found in course of the search is handed over to the court or to the
public prosecutor by the agency conducting the procedure, with the observance of the restrictions defined in § 1.
Art. 226. Prohibitions and restrictions. The use of documents containing confidential information, or information
constituting a professional secret as evidence in criminal proceedings is subject to the prohibitions and restrictions defined
under Article 178-181. However, the use in preparatory proceedings of documents containing a medical secret is decided
upon by the public prosecutor.
Art. 227. Moderation. A search or seizure should be carried out in accordance with the purpose of this procedure, with
moderation and respect for the dignity of those concerned, without causing unnecessary damage or hardship.
Art. 228. Handling objects.
§ 1. Objects surrendered or found in course of a search should, after they are inspected, recorded and described, be collected
and deposited with a trustworthy person, advised of the obligation of presenting them at every request of the agency
conducting the proceedings.
§ 2. The same procedure applies to such objects found in course of a search, which might constitute evidence of other offence,
which are subject to forfeiture or whose possession is prohibited.
§ 3. The persons concerned should immediately be given a receipt specifying the seized objects and the name of the person by
whom they were impounded.
Art. 229. Transcript. The transcript of a seizure or a search should, in addition to the data defined in Article 148 and 148a,
include the case reference for the case with which they are connected, an exact time of commencement and ending of the
procedure, an exact list of seized objects with their description, if necessary, as well as the court or the public prosecutor’s
order. If the order has not yet been issued, the transcript should include the fact that the person in whose premises the
procedure was carried out was advised about the possibility of demanding service of the decision approving the procedure.
Art. 230. Return of objects.
§ 1. If a seizure or search were carried out without the order of the court or the public prosecutor and they have not been
approved within seven days of the day of their performance, seized items should immediately be returned to an authorised
person, unless they were surrendered voluntarily and said person has not submitted a request referred to under Article 217 § 4.
§ 2. The seized objects should be returned immediately after they were found unnecessary for the criminal proceedings. If the
title to the seized objects is disputed and there are insufficient data to resolve the dispute without delay, the concerned persons
are referred to civil litigation.
§ 3. Objects, whose possession is prohibited, are handed over to a competent office or institution. Objects of scientific, artistic
or historical value, at the request or with the consent of a museum, are deposited with this museum.
Art. 231. Deposit.
§ 1. In case of doubt to whom a seized object should be returned, the court, court referendary or the public prosecutor places it
in the judicial deposit or hands it over to a trustworthy person until the doubts concerning the title to the object are resolved.
Provisions concerning the liquidation of deposits and unclaimed objects apply accordingly.
§ 2. Objects of scientific, artistic or historical value are deposited with a museum or another competent institution.
Art. 232. Sale of objects.
§ 1. Objects easily perishable or those whose storage would be connected with disproportionate costs or excessive difficulty
or would cause a significant decrease of their value, may be sold in accordance with the procedure applied by appropriate
authorities of enforcement proceedings. The decision on sale in the course of preparatory proceedings may be issued by the
public prosecutor, and in court proceedings by the court or court referendary.
§ 2. The amount obtained is put in the judicial deposit.
§ 3. The accused and other interested parties should be, if possible, notified of the time of the sale and of its conditions.
Art. 232a. Storage and destruction of objects and substances.
§ 1. Objects or substances dangerous to life or health, in particular weapons, ammunition, explosives, flammable or
radioactive materials, poisonous, asphyxiant or burning substances, drugs or psychotropic substances or their products and
category 1 precursors, as well as tobacco products and alcoholic beverages, are stored in a place and manner ensuring their
adequate security.
§ 2. If, in an effort to ensure the correct course of the proceedings, it is sufficient to maintain samples of the objects or
substances referred to in § 1 in a quantity allowing them to be tested, the court competent to hear the case, or a court
referendary at the request of the public prosecutor, orders that the remaining objects or substances be destroyed completely or
in the part superfluous for the tests.
§ 3. If a partial destruction of the substances referred to in § 1 was ordered, the court or the court referendary simultaneously
indicates in the decision the time and place, where the remaining part should be stored in a quantity allowing testing.
§ 4. Objects and substances creating an imminent danger to life or health due to of the risk of explosion of flammable or
explosive materials, or other violent release of energy, spread of poisonous, asphyxiant or burning substances, release of
nuclear energy or ionising radiation, or whose storage in an unchanged condition is impossible, may be destroyed before the
issuance of the decision referred to in § 2.
§ 5. The Council of Ministers shall define by way of a regulation a list of entities authorised to store and destroy the objects
and substances referred to in § 1 and their samples, detailed conditions and place in which they should be stored, as well as
conditions and manner in which they should be destroyed, bearing in mind the necessity of ensuring a correct course of
proceeding and its costs.
Art. 233. Currency. When depositing Polish or foreign currency, the depositing agency defines the type of the deposit and
the manner, in which the deposited assets may be disposed.
Art. 234. Ineffectiveness of dispositions. Any dispositions concerning an object, accomplished after it was seized or secured,
is ineffective with respect to the Treasury of the State.
Art. 235. Competencies of court and public prosecutor. The procedures provided for in this Chapter are performed in
judicial proceedings by the court or by the court referendary and, in preparatory proceedings, by the public prosecutor, unless
the law provides otherwise.
Art. 236. Appeal against decision on search or seizure.
§ 1. Decisions concerning the search, seizure or exhibits introduced as evidence may be appealed by those persons whose
rights were infringed. The interlocutory appeal against the decision issued or procedure accomplished in preparatory
proceedings is considered by the district court, before which the case is conducted.
§ 2. If the decision or order was issued by a court referendary, Article 93a § 3 and 4 applies.
Art. 236a. Electronic data. The provisions of this Chapter apply accordingly to the holder and user of a device containing
electronic data or of an IT system, with regard to the data stored on this device or in this system or on a data storage medium
in their possession or use, including correspondence sent by e-mail.
Chapter 26. Surveillance and telephone tapping.
Art. 237. Admissibility.
§ 1. After the commencement of the proceedings, the court, on the request of the public prosecutor, may order the surveillance
and recording of the content of telephone conversations by way of telephone tapping, in order to gather evidence for
proceedings in progress or to prevent a perpetration of a new offence.
§ 2. In urgent cases, the surveillance and telephone tapping may be ordered by the public prosecutor who is obliged to request
the approval of the court within three days. The court issues the decision within five days in a hearing without the
participation of the parties. In the event of a refusal to approve the public prosecutor’s order, the court orders that all
recordings be destroyed. An appeal against the decision stays its execution.
§ 3. The surveillance and telephone tapping is allowed only when the proceedings in progress or a justified concern that a new
offence might be perpetrated pertain to:
1) homicide,
2) general endangerment to life and health or causing a disaster,
3) trafficking in people,
4) kidnapping,
5) demanding ransom,
6) hi-jacking of an aircraft or a sea vessel,
7) armed robbery, aggravated theft and extortion,
8) attacking the independence and territorial integrity of the State,
9) attacking the constitutional order of the State or its supreme agencies, or a unit of the Armed Forces of the Republic of
Poland,
10) espionage or disclosing a secret information classified as “confidential” or “strictly confidential”,
11) amassing weapons, explosives or radioactive materials,
12) forging and circulating counterfeit money, payment bills or instruments, or transferable documents enabling the
acquisition of money, goods, a load or a benefit in-kind or imposing an obligation to pay out capital, interest, share in profit or
confirming participation in a company,
12a) counterfeiting or falsifying invoices or using counterfeit invoices or invoices indicating false data, which may have
impact on the determination of public dues, its reimbursement or reimbursement of other dues of fiscal nature, as well as
issuing and using invoices indicating false data, which may have impact on the determination of public dues, its
reimbursement or reimbursement of other dues of fiscal nature,
13) manufacturing, processing, trafficking and smuggling drugs, their precursors, substitutes or psychotropic substances,
14) organised criminal,
15) property of significant value,
16) the use of violence or unlawful threats in connection with criminal proceedings,
16a) giving a false testimony or providing a false opinion or translation by an expert or translator,
16b) falsely accusing another person of an offence, fiscal offence or a fiscal misdemeanour,
16c) creating false evidence or undertaking other deceitful acts directing against another person a prosecution for an offence,
fiscal offence or a fiscal misdemeanour,
16d) concealing evidence proving innocence of a person prosecuted for an offence, fiscal offence or a fiscal misdemeanour,
16e) informing a prosecuting authority about an offence, which has not been committed,
16f) aiding and abetting,
16g) not reporting an offence,
17) bribery and racketeering,
18) pimping, procuring and forcing into prostitution,
19) offences defined in Chapter XVI of the Criminal Code of 6 June 1997 (Journal of Laws of 2016, item 1137, as amended)
and in Articles 5-8 of the Rome Statute of International Criminal Court, enacted in Rome on 17 July 1998 (Journal of Laws of
2003, item 708), hereinafter referred to as “the Statute”.
§ 3a. Surveillance and the telephone tapping is also permissible in order to disclose assets subject to forfeiture referred to in
Article 45 § 2 of the Criminal Code and Article 33 § 2 of Fiscal Criminal Code.
§ 4. Surveillance and the telephone tapping is permissible with regard to a person suspected of an offence, an accused person,
an aggrieved party or any other person whom the accused may contact or who may be connected with the offender or with the
potential offence.
§ 5. Offices and institutions conducting telecommunications activity, as well as telecommunications enterprises within the
meaning of the Act of 16 July 2004 Telecommunications Law, are obliged to facilitate the execution of a court or public
prosecutor’s order concerning surveillance and telephone tapping and ensure the registration of the fact that such surveillance
took place.
§ 6. Recordings may be played by the court or by the public prosecutor and, in urgent cases, by the Police, with the consent of
the court or the public prosecutor.
§ 7. The register of telephone conversation surveillances may be examined by the court, and in preparatory proceedings, by
the public prosecutor.
§ 8. (repealed)
Art. 237a. Public prosecutor’s rights concerning the use of evidence. If, as a result of a control evidence was obtained that
a person, against whom the control was ordered, had committed an offence prosecuted ex officio or a fiscal offence other than
the offence, against which the control was directed, or that such an offence or fiscal offence was committed by another
person, the public prosecutor decides whether this evidence will be used in criminal proceedings.
Art. 238. Duration.
§ 1. Surveillance and telephone tapping may be imposed for a maximum period of three months, which may be extended in
particularly justified cases for an additional period not exceeding three months.
§ 2. Surveillance should end immediately after the circumstances mentioned in Article 237 § 1-3 cease to exist, yet not later
than with the expiry of the period, for which it was imposed.
§ 3. The public prosecutor, after the surveillance has ended, submits a motion that all recordings be destroyed, if they are
immaterial to the criminal proceedings in their entirety. The court rules on the motion immediately, in a hearing without the
participation of the parties.
§ 4. After the conclusion of preparatory proceedings, the public prosecutor submits the motion to destroy that part of the
recordings that is immaterial to the criminal proceedings for which the surveillance and telephone tapping was ordered and
which does not constitute evidence referred to in Article 237a. The court rules on the motion in a hearing, which the parties
may attend.
§ 5. A motion for an order to destroy recordings may also be submitted by the person referred to in Article 237 § 4, not sooner
than after the conclusion of preparatory proceedings. The court rules on the motion in a hearing, which the parties and the
petitioner may attend.
Art. 239. Postponement of notification of order.
§ 1. Notification of the order allowing surveillance and telephone tapping with respect to the person concerned may be
postponed for a period necessary to protect the interests of the case.
§ 2. In preparatory proceedings, notification of the order referred to in § 1 may not be postponed further than until the
conclusion of the proceedings.
Art. 240. Interlocutory appeal. An order allowing surveillance or telephone tapping is subject to interlocutory appeal. In the
appeal, the person concerned with the order may request that both the grounds and the legality of the surveillance and
telephone tapping be examined. An appeal against the order of the public prosecutor is considered by the court.
Art. 241. Other technical means. The provisions of this Chapter apply accordingly to the surveillance and recording by
technical means of the content of other conversations or messages, including e-mail correspondence.
Art. 242. Regulation. The Minister of Justice, upon consultation with the Minister responsible for informatisation, the
Minister of National Defence and the Minister of Internal Affairs shall define by way of a regulation the technical preparation
of networks used for the transmission of information, for surveillance of telephone conversations or for other transmissions of
information using these networks, as well as a manner of producing, registering, storing, recreating and destroying recordings
of telephone conversations under surveillance or contents of other conversations or transmissions of information, including e-
mail correspondence, bearing in mind the necessity of the adequate protection of the recording against loss, distortion or
unauthorised disclosure.
Division VI. Use of force.
Chapter 27. Arrest.
Art. 243. Arrest of a person.
§ 1. Every person is entitled to arrest a person in the act of committing an offence or in pursuit undertaken directly after the
offence was committed, if there is a risk of that the offender might go into hiding or when it is not possible to establish his
identity.
§ 2. The arrested person should be immediately surrendered to the Police.
Art. 244. Arrest procedures.
§ 1. A person may be arrested by the Police if there are justified grounds to suspect that this person committed an offence and
it is feared that he might escape, go into hiding, conceal traces of the offence or his identity cannot be established or the
conditions are fulfilled to order accelerated procedure with regard to this person.
§ 1a. A person may be arrested by the Police if there are justified grounds to suspect that this person committed an offence
with the use of violence against a member of his household and it is feared that such an offence may be repeated, especially if
the suspected person is threatening to do so.
§ 1b. The Police arrest a person suspected of the offence, if the offence referred to in § 1a was committed with the use of a
firearm, a knife or any other dangerous item and there is a fear that an offence with the use of violence against a member of
the suspected person’s household may be repeated, especially if the suspected person is threatening to do so.
§ 2. The arrestee is immediately informed of the reasons for the arrest and of his rights, including the right to use the
assistance of an advocate or legal counsel and a gratuitous help of an interpreter, if the arrestee does not have a sufficient
command of Polish, to make statements and to refuse making statements, to obtain copy of an arrest report, to have access to
medical first aid, as well as of his rights indicated in Article 245, Article 246 § 1 and Article 612 § 2 and of the contents of
Article 248 § 1 and 2. The arrestee’s explanations should also be heard.
§ 3. The arrest should be recorded in a report indicating the name, surname and the function of the person making the arrest,
as well as the name and surname of the arrestee or, if his identity cannot be established, a physical description and the date,
hour, place and reasons for the arrest, detailing the offence of which the arrestee is suspected. The report must also include
statements made by the arrestee and the fact that the arrestee was advised of his rights. A copy of the report is given to the
arrestee.
§ 4. Immediately after the arrest of the person suspected of the offence, the public prosecutor must be notified and the
necessary information is collected. In the event of the existence of the circumstances referred to in Article 258 § 1-3, the
motion to the court for detention on remand must be entered into the report.
§ 5. The Minister of Justice shall define by way of a regulation the form of the instruction referred to in § 2, containing in
particular the information on the rights vested in the accused: to use a free-of-charge assistance of an interpreter, to make a
statement and to refuse making a statement concerning the arrest, to obtain access to the medical first aid, as well as of the
rights specified in § 2, Article 245, Article 246 § 1 and Article 612 § 2 and information on the contents of Article 248 § 1 and
2, bearing in mind also the necessity of making the instruction comprehensible to the persons not using the assistance of an
attorney.
Art. 245. Contact with advocate.
§ 1. The arrestee, at his request, should be allowed to contact an advocate or legal counsel in an available form and have a
direct conversation with him. In exceptional cases, justified by particular circumstances, the arresting authority may reserve
that it will be present during said conversation.
§ 2. Article 517j § 3 and regulations enacted on the ground of Article 517j § 2 apply accordingly.
§ 3. Article 261 applies accordingly, however the notification is carried out upon the request of the arrestee.
Art. 246. Interlocutory appeal.
§ 1. An arrestee may submit an interlocutory appeal, in which he may demand that the grounds, legality and propriety of the
arrest be examined.
§ 2. The appeal is immediately referred to the district court having the jurisdiction over the place where the arrest was made
or the proceedings are conducted.
§ 3. If the arrest is found groundless or unlawful, the court orders the immediate release of the arrestee.
§ 4. If the arrest is found groundless, unlawful or improper, the court notifies the public prosecutor thereof and the
supervisory body of the arresting authority.
§ 5. If appeals have been lodged both against an arrest and an order of detention on remand, they may be considered by the
court jointly.
Art. 247. Arresting and compulsory bringing a person.
§ 1. The public prosecutor may order that a suspect or person suspected of the offence be arrested and brought compulsorily if
there are justified reasons to fear that:
1) he will fail to answer a summons to participate in the procedures referred to in Article 313 § 1 or 314, or tests or
procedures, referred to in Article 74 § 2 or 3,
2) he will obstruct the proceedings in another unlawful way.
§ 2. The arrest and compulsorily bringing of a suspect or a person suspected of the offence, referred to in § 1, may also take
place if there is a need for the immediate application of a preventive measure.
§ 3. A search may be ordered in connection with the arrest. Articles 220-222 and 224 apply accordingly.
§ 4. Immediately after the arrestee is brought, procedures referred to in § 1 are carried out with his participation, after the
performance of which he should be released, unless there is a need for the application of a preventive measure.
§ 5. When deciding on application of the preventive measure, the public prosecutor immediately releases the arrestee or files
with the court with a motion to apply detention on remand.
§ 6. Article 246 applies accordingly to an arrest referred to in § 1.
§ 7. Orders referred to in § 1 are executed by the Police or other authorities mentioned in Article 312 within the limits of their
competences, if the law authorises them to carry out arrests. Orders to arrest and compulsorily bring a soldier on active
military service, except for members of territorial military units performing service in dispositional manner, in cases not
connected with the performance of duties, are carried out by relevant military authorities.
Art. 248. Duration.
§ 1. The arrestee is released immediately if the reasons for his arrest cease to exist and also if, within 48 hours from the arrest
by the authorised agency, the arrestee was not surrendered to the jurisdiction of the court with a motion to order detention on
remand. The arrestee is also released upon the order of the court or the public prosecutor.
§ 2. The arrestee is released if, within 24 hours of being surrendered to the jurisdiction of the court, the motion to order
detention on remand was not granted.
§ 3. It is not permissible to arrest a person a second time on the basis of the same facts and evidence.
Chapter 28. Preventive measures.
Art. 249. Grounds and mode of application.
§ 1. Preventive measures may be ordered in order to ensure the correct course of proceedings and, exceptionally, in order to
prevent the accused from committing a new serious offence. They may be ordered only if, according to the evidence already
collected, it is highly probable that that the accused committed the offence.
§ 2. In preparatory proceedings, preventive measures may be ordered only against a person, who was presented with the
charges.
§ 3. Before a preventive measure is ordered, the court or the public prosecutor examines the accused, unless it is not possible
to do so due to the fact that the accused is in hiding or staying out of the country. Defence counsel appointed by the accused
should be allowed to participate in the examination, if he appears. It is not obligatory to notify the defence counsel of the date
of the examination, unless the accused requests so and this will not obstruct the proceedings. The public prosecutor is notified
of the date of the examination by the court.
§ 4. Preventive measures may be ordered up until the commencement of the sentence. This provision applies to the detention
on remand only if the accused was sentenced to the penalty of imprisonment.
§ 5. The public prosecutor and the defence counsel are entitled to participate in a court hearing regarding the extension of
detention on remand or an appeal against the use or extension of this preventive measure. At the request of arrestee who does
not have a defence counsel, a defence counsel ex officio is appointed for this procedure. The order may also be issued by a
court referendary. The absence of a properly notified public prosecutor or defence counsel does not stay the proceedings.
Art. 249a. Basis for imposition of detention on remand.
§ 1. Order on imposition or extension of detention on remand may rely exclusively on circumstances established on the basis
of:
1) evidence known to the accused and his defence counsel,
2) testimonies of witnesses referred to in Article 250 § 2b.
§ 2. The court, notifying thereof the public prosecutor, takes into consideration ex officio also those circumstances, which
have not been disclosed by the public prosecutor, after their disclosure at the hearing, if they are favourable to the accused.
Art. 250. Imposition of detention on remand.
§ 1. Detention on remand may be ordered only on the basis of a court decision.
§ 2. In preparatory proceedings, detention on remand is ordered upon the motion of the public prosecutor by the district court
in whose judicial district the proceedings are conducted, and in urgent cases also by another district court. After the
indictment was lodged, detention on remand is ordered by the court before which the case is being heard.
§ 2a. The motion to order detention on remand specifies evidence indicating a high probability that the accused committed the
offence, circumstances indicating the existence of threats to the correct course of proceedings or the possibility that the
accused may commit a new, serious offence; or determined grounds for the application of this preventive measure and its
necessity.
§ 2b. In case of a justified concern of a danger to the life, health, freedom of a witness or his next of kin, the public prosecutor
attaches witness’ testimonies to the motion referred in § 2a as a separate set of documents, not available to the accused or his
defence counsel.
§ 3. The public prosecutor, sending the motion referred to in § 2 together with the case files, instructs the suspect of his rights
in case of application of detention on remand and at the same time orders that he be brought to the court.
§ 3a. If the detention on remand is imposed in court proceedings, the court instructs the accused of his rights in case of
application of detention on remand immediately after the announcement or service of the decision on the application of this
preventive measure.
§ 4. Other preventive measures are ordered by the court and in, preparatory proceedings, also by the public prosecutor.
Art. 251. Contents of the decision.
§ 1. The decision to apply a preventive measure should indicate the person, the charges against him, legal qualification of the
offence and grounds for the application of the preventive measure.
§ 2. The decision on detention on remand should specify its duration and indicate the date, up to which the detention is to be
ordered. The obligation of indicating the term of the application of detention on remand persists until the judgment ending the
proceedings becomes final. After the judgment ending the proceedings is issued, detention on remand is decided on by the
court which issued this judgment and, if the case was referred to the second instance - the court of appeal.
§ 3. The statement of reasons for the decision concerning the application of a preventive measure should present evidence
indicating the perpetration of the offence by the accused, specify circumstances indicating the existence of threats to the
correct course of proceedings or the possibility that the accused may commit a new, serious offence if the preventive measure
is not imposed, or determined grounds for the application of this preventive measure and the need for its application. In the
case of detention on remand, it should also be clarified why the application of a different preventive measure was not
sufficient.
Art. 252. Interlocutory appeal against the decision concerning preventive measures.
§ 1. A decision concerning preventive measures is subject to appeal in accordance with general principles, unless the law
provides otherwise.
§ 2. The public prosecutor’s decision to order a preventive measure is subject to interlocutory appeal, which should be filed
with the district court in whose judicial circuit the proceedings are conducted.
§ 3. Interlocutory appeals against decisions concerning preventive measures are considered by the court without delay,
however an interlocutory appeal against the decision imposing detention on remand is considered not later than seven days of
the appeal being handed over to the court together with indispensable case files.
Art. 253. Annulment or change ex officio.
§ 1. A preventive measure should be immediately annulled or changed, if the reasons for its application ceased to exist or
such circumstances arose that justify its annulment or change.
§ 2. In preparatory proceedings, a preventive measure ordered by the court may be annulled or changed to a more lenient one
by the public prosecutor.
§ 3. The court or the public prosecutor immediately notifies the aggrieved party, his legal representative or guardian of the
annulment, the failure to extend or change of the detention on remand into another preventive measure, as well as of the
escape of the accused from the remand centre, unless the aggrieved party declares that he waives that right.
§ 4. In justified cases, the notification referred to in § 3 is given also to a witness.
Art. 254. Request for annulment or change.
§ 1. The accused may at any time submit a request to annul or change a preventive measure. The request is considered within
three days at the latest by the public prosecutor and, after the indictment was filed with the court, by the court before which
the case is in progress.
§ 2. The decision concerning the request to annul or change a preventive measure may be appealed by the accused only if the
request was filed after at least three months from the day on which the decision imposing a preventive measure was issued.
§ 3. An interlocutory appeal against the decision issued by the court is considered by the same court in the panel of three
judges.
Art. 255. Suspension of proceedings. The suspension of proceedings does not preclude the possibility of adjudicating with
regard to preventive measure.
Art. 256. Supervision. Control over the propriety of arrest and the application of preventive measures is executed by the
court and, in preparatory proceedings, also by the public prosecutor.
Art. 257. Detention on remand as ultima ratio, conditional detention on remand.
§ 1. Detention on remand is not ordered if a different preventive measure is sufficient.
§ 2. When ordering detention on remand, the court may rule that this measure will be changed at the moment of posting of the
required bail no later than within the prescribed time limit. At the justified request of the accused or his defence counsel, filed
not later than on the last day of the prescribed time limit, the court may extend the time limit for posting of the bail.
Art. 258. Specific bases for ordering detention on remand.
§ 1. Detention on remand and other preventive measures may be applied if there is a justified concern that:
1) the accused might escape or go into hiding, especially if his identity cannot be established or he does not have a permanent
place of residence in the country,
2) the accused might try to persuade others to give false testimonies or explanations or obstruct the proceedings in any other
unlawful way.
§ 2. If the accused is charged with an indictable offence or with a summary offence carrying a penalty of imprisonment with a
maximum tariff of at least eight years, or when a court of lower instance passed a sentence of imprisonment of no less than
three years, the concern that the accused may obstruct the correct course of proceedings, referred to in § 1, justifying the
application of a preventive measure, may be motivated by a severe penalty which may be imposed on the accused.
§ 3. A preventive measure may also be applied exceptionally in the event of a justified concern that the accused charged with
an indictable offence or with an intentional summary offence will commit an offence against life, health or public security,
especially if he threatened to do so.
§ 4. When issuing the decision, the agency imposing a determined preventive measure takes into consideration the type and
nature of concerns indicated in § 1-3 constituting grounds for the application of a given measure, as well as the severity of
threat that they pose to the correct course of proceedings at a determined stage of the proceedings.
Art. 259. Negative conditions of ordering detention on remand.
§ 1. In the absence of exceptional reasons indicating otherwise, detention on remand should not be ordered if the deprivation
of liberty of the accused might give rise to:
1) a serious danger to his life or health,
2) exceptional hardship for the accused or his closest family.
§ 2. Detention on remand is not ordered when circumstances of the case indicate that the court will pass a suspended sentence
of imprisonment or a more lenient penalty or that the period of detention on remand will exceed the expected sentence of
imprisonment without a conditional suspension.
§ 3. Detention on remand is not applied if the offence carries a penalty of imprisonment not exceeding two years.
§ 4. The limitations provided for in § 2 and 3 do not apply if the accused was hiding, persistently failed to appear when
summoned, obstructed the proceedings in any other unlawful way or when it is not possible to establish his identity. The
limitations provided for in § 2 do not apply either if there is a high probability that a preventive measure consisting in placing
the offender in a closed institution will be applied.
Art. 260. Detention on remand in a medical institution.
§ 1. If the health of the accused so requires, detention of remand may be served solely in an appropriate medical institution,
including a psychiatric institution.
§ 2. The Minister of Justice, upon consultation with the minister of health, shall define by way of a regulation the list of
medical institutions, including psychiatric institutions, used as detention centres for those individuals, whose health condition
requires the confinement in such an institution, security measures applied in these institutions preventing the detainees from
escaping and enabling their isolation for safety reasons, at the same time ensuring that agencies conducting criminal
proceedings have access to detainees, bearing in mind the necessity of ensuring the correct course of proceedings, the
procedure and conditions of placing, stay and treatment of detainees in such an institution, as well as necessary medical
equipment and technical and organisational requirements that such institutions must fulfil.
Art. 261. Duty of notification.
§ 1. The court immediately notifies the next of kin of the accused, or the person indicated by the accused, of the decision on
detention on remand.
§ 2. Upon the request of the accused, another person may be notified in addition to or instead of the person referred to in § 1.
§ 2a. The court notifies the agency conducting proceedings against the accused in another case of the imposition of detention
on remand, if it has acquired knowledge of said proceedings. The court instructs the accused of the content of Article 75 § 1.
§ 3. The court immediately notifies the employer, the school or another higher educational establishment, and - in case of a
soldier - the commanding officer of the accused of the detention on remand. If the accused is an entrepreneur or a non-
employee member of a management board of a business enterprise, the court, upon his request notifies the manager of the
enterprise.
Art. 262. Other obligations of the court.
§ 1. The court ordering detention on remand is obliged to:
1) notify the guardianship court if there is a need to ensure custody over the children of the arrestee,
2) notify the social welfare authority if there is a need take care of a disabled or ailing person who was cared for by the
arrestee,
3) undertake activities aimed at protecting the property and residence of the arrestee.
§ 2. The arrestee is informed of the actions undertaken and orders issued.
Art. 263. Duration of detention on remand.
§ 1. In preparatory proceedings, the court ordering detention on remand defines its duration for a period not exceeding three
months.
§ 2. If due to the extraordinary circumstances of the case it proves impossible to conclude preparatory proceedings within the
time limit referred to in § 1, upon the request of public prosecutor the court of first instance competent to hear the case may, if
necessary, extend detention on remand for a period, whose total duration may not exceed twelve months.
§ 3. The total period of detention on remand until the first judgment is issued by the court of first instance may not exceed two
years.
§ 3a. If the detention on remand occurs concurrently with a penalty of imprisonment served by the accused and passed in
relation to a different case, the periods referred to in § 2 and 3 include the time in which the arrestee served the penalty of
imprisonment.
§ 4. An extension of the period of detention on remand for a defined period exceeding the periods defined in § 2 and 3 may be
ordered by the court of appeal in whose circuit the proceedings are conducted, at the request of the court before which the
case is being heard. In preparatory proceedings, it can also be extended at the request of the competent public prosecutor
directly superior to the public prosecutor conducting or supervising the inquiry, if such a need arose in connection with the
suspension of criminal proceedings, actions aimed at establishing or confirming the identity of the accused, the performance
of evidentiary procedures in a particularly complicated case or abroad, or if the accused intentionally protracts the
proceedings.
§ 4a. (repealed)
§ 4b. Extension of detention on remand referred to in § 4, is not applied with reference to the time limit determined in § 2, if
the penalty, which can be effectively imposed on the accused for the offence, with which the accused is charged, will not
exceed three years of imprisonment, and with reference to the time limit indicated in § 3, if it will not exceed five years of
imprisonment, unless the need for extension is a result of purposeful protracting of the proceedings on the part of the accused.
§ 5. The decision of the court of appeal issued pursuant to § 4 is subject to interlocutory appeal, to be considered by the court
of appeal adjudicating in a panel of three judges.
§ 6. An application to extend the period of detention on remand is filed with the competent court together with the case files,
not later than 14 days before the expiry of the current period, for which the detention on remand was ordered.
§ 7. If it is necessary to order detention on remand after the first judgment was issued by the court of first instance, each
extension may not exceed a period of six months.
§ 8. The Minister of Justice shall define by way of a regulation the form of instruction about the rights of the accused in case
of imposition of detention on remand: to give explanations, to refuse to give explanations or answer questions, to obtain
information on the charges, to review case files in the part containing evidence indicated in the motion to order detention on
remand, to have access to medical first aid, as well as of the rights indicated in Article 72 § 1, Article 78 § 1, Article 249 § 5,
Article 252, Article 254 § 1 i 2, Article 261 § 1, 2 and 2a and Article 612 § 1, bearing in mind also the necessity of making
the instruction comprehensible to the persons not using the assistance of an attorney.
Art. 264. Immediate release, detention on remand between the instances.
§ 1. If the accused was acquitted, the proceedings were discontinued or conditionally discontinued, the service of the penalty
was conditionally suspended or the accused was sentenced to a penalty of imprisonment equal to or shorter than the term of
the detention on remand, to a penalty less severe than a penalty of imprisonment or granted an absolute discharge, the
immediate release of the accused is ordered, unless he is detained on remand in connection with another proceedings.
§ 2. If the accused detained on remand was sentenced to a penalty other than that mentioned in § 1 or if the proceedings were
discontinued due to the offender’s insanity and a preventive measure was imposed consisting in placing him in a closed
institution, the court, after hearing the attending parties, issues a decision concerning further detention on remand.
§ 2a. If the proceedings were discontinued due to the offender’s insanity and a preventive measure was imposed consisting in
placing him in a closed institution, the court may apply detention on remand.
§ 3. If the preventive measure consisting in placing the accused in a closed institution has been imposed with a final decision,
detention on remand may be maintained until the enforcement of the preventive measure, however not longer than for three
months, with the possibility of extension, in a particularly justified case, for another month.
§ 4. In case of imposition of a preventive measure consisting in placing of the offender in a closed institution, detention on
remand is served in the conditions allowing an adequate medical, therapeutic, rehabilitation or resocialization treatment.
Art. 265. Manner of calculating the duration of detention on remand. The duration of the detention on remand is
calculated starting from the day of arrest.
Art. 266. Bail.
§ 1. Bail, consisting of money, securities, pledge or mortgage may be posted by the accused or by another person.
§ 2. The value, type or conditions of bail, and in particular the time limit, within which it should be posted, should be defined
in the decision, bearing in mind the financial situation of the accused and of the person posting the bail, the extent of the
damage and the nature of the offence.
Art. 267. Notification of the person posting bail. The person posting bail is notified every time that the accused is
summoned to appear before the court. Articles 138 and 139 § 1 apply accordingly to the person posting bail for the accused.
Art. 268. Forfeiture.
§ 1. Assets and obligations which constitute bail are forfeited or enforced if the accused escapes or goes into hiding. Said
assets or obligations may be subject to forfeiture or enforcement if the proceedings are obstructed in any other way.
§ 1a. The court, when deciding on the forfeiture or enforcement of assets constituting the object of bail, may decide on a
partial forfeiture or enforcement of these assets and application of another preventive measure, except for detention on
remand and taking into consideration the requirements of Article 258 § 4.
§ 2. The person posting bail should be advised of the contents of § 1 and of Article 269.
Art. 269. Handling forfeited assets.
§ 1. Forfeited assets or confiscated sums of money are handed over or transferred to the Treasury of the State. The aggrieved
party has the priority in satisfying claims arising from the offence if the damage cannot be redressed in any other way.
§ 2. When bail is cancelled, its object is returned and the sum of money released. However, if the accused is sentenced to a
penalty of imprisonment, this occurs only when he begins serving the sentence. If the accused fails to appear to serve the
sentence, Article 268 § 1 applies.
§ 3. Withdrawal of bail is effective only after new bail was posted, a different preventive measure was ordered or the
application of the said preventive measure was cancelled.
§ 4. Provisions of § 2 and 3 do not apply to the withdrawal of bail or the return of its object, if the decision concerning its
forfeiture or confiscation of the money pledged has already been issued.
Art. 270. Competencies of the court.
§ 1. Forfeiture of assets or enforcement of the amounts posted as bail is decided ex officio by the court, before which the
proceedings are pending, and in preparatory proceedings, at the request of public prosecutor, by the court competent to hear
the case.
§ 2. The accused, the person, who posted the bail and the public prosecutor are entitled to participate in the hearing or submit
written explanations. The accused deprived of liberty is brought to the hearing if the president of the court or the court deems
is necessary.
§ 3. The decision referred to in § 1 is subject to interlocutory appeal.
Art. 271. Social guarantee.
§ 1. A guarantee that the accused will appear whenever summoned and will not obstruct the proceedings in any unlawful way
may be accepted, at his request, from the employer of the accused, the management of the school or higher educational
establishment, of which the accused is a student, from the collective, where the accused studies or works or from a
community organisation, of which the accused is a member. If the accused is a soldier, the guarantee may be granted by a
group of soldiers, through the relevant commanding officer.
§ 2. A collective or a community organisation attaches to the request for the acceptance of guarantee a resolution on providing
it.
§ 3. In the request for the acceptance of a guarantee, the person of the guarantor should be indicated. The guarantor makes a
declaration of the acceptance of duties arising from the guarantee.
Art. 272. Guarantee of a trustworthy person. A guarantee that the accused will appear at every summons and will not
obstruct the proceedings in any unlawful way may also be given by a trustworthy person. Article 275 § 2 applies accordingly.
Art. 273. Duties of a guarantor.
§ 1. While giving the guarantee, the guarantor or the person performing his duties is informed of the charges against the
accused, about the obligations arising from the guarantee and of the effects of its violation.
§ 2. The guarantor is obliged to immediately inform the court or the public prosecutor if he has knowledge that the accused
has undertaken actions aimed at evading the appearance when summoned or at obstructing the proceedings in any other
unlawful way.
Art. 274. Breach of duties. If, despite the guarantee, the accused fails to appear when summoned or obstructs the
proceedings in another unlawful way, the agency that accepted the guarantee notifies the guarantor of the violation, and it
may also notify the direct superior of the guarantor, the community organisation of which the guarantor is a member and the
authority which, pursuant to the bylaws, has authority over the community organisation which has provided the guarantee, if
it was found that the duties arising from the guarantee have not been fulfilled. Before the notification is made, the guarantor is
summoned to give explanations.
Art. 275. Police supervision.
§ 1. As a preventive measure, the accused may be placed under the supervision of the Police, and if the accused is a soldier,
except for soldiers of territorial military units performing service in dispositional manner - under the supervision of his
commanding officer.
§ 2. A person under supervision must fulfil the duties set forth in the decision of the court or the public prosecutor. Those
duties may consist of the prohibition of leaving a defined place of stay, the obligation of reporting to the supervising agency
at specified intervals and informing it of any intended departure and date of return, the prohibition of contacting the aggrieved
party or other persons, the obligation of keeping a certain distance from defined persons, the prohibition of frequenting
defined places, and also in other restrictions of the liberty of the accused, necessary for the execution of supervision.
§ 3. If the conditions are fulfilled for ordering detention on remand with regard to accused person charged with a violent
crime or with making unlawful threats against his next of kin or other member of his household, supervision may be ordered
instead, provided that the accused within the prescribed term will leave the premises occupied jointly with the aggrieved party
and will indicate the place of his stay.
§ 4. A person placed under the supervision of the Police has a duty to appear at its specified organisational unit with a
document confirming his identity, to comply with the orders aimed at documenting the supervision and to provide
information necessary to establish whether he has fulfilled the duties imposed by the decision of the court or the public
prosecutor. In order to obtain such information, the accused may be summoned to appear on a specified day.
§ 5. If the person under supervision fails to comply with the requirements set forth in the decision, the supervision agency
immediately notifies the court or the public prosecutor who issued the decision.
Art. 275a. Order to leave premises.
§ 1. As a preventive measure, the accused charged with a violent offence committed against a member of his household may
be obliged to leave, for a certain period of time, the premises occupied together with the aggrieved party, if there is a justified
concern that the accused will commit a violent offence against this person again and in particular if he threatened to do so.
§ 2. In preparatory proceedings, the measure referred to in § 1 is ordered at the request of the Police or ex officio.
§ 3. If with regard to the accused arrested pursuant to Article 244 1a and 1b the conditions for ordering a preventive measure
referred to in § 1 are fulfilled, the Police immediately, not later than within 24 hours of the detention, submits a request to
order this preventive measure to the public prosecutor. The request should be considered within 48 hours of the detention of
the accused.
§ 4. The measure referred to in § 1 is ordered for a period not exceeding three months. If the conditions for its order have not
ceased to exist, the court of first instance competent to hear the case may extend its application for further periods not
exceeding three months.
§ 5. When the decision is being issued obliging the accused to leave, for a certain period of time, the premises occupied
together with the aggrieved party, the accused, upon his request, may be informed about the possibility of staying in an
institution offering accommodation. The institutions recommended to the accused must not be those providing
accommodation to victims of domestic violence.
Art. 276. Suspension in the execution of duties. As a preventive measure, the accused may be suspended in the execution of
his official or professional duties or ordered to refrain from a certain activity or from driving vehicles of a certain type or
prohibited from participating in public procurement procedures for the period of duration of the proceedings.
Art. 277. Prohibition to leave the country.
§ 1. In the event of a justified concern that the accused might escape, a preventive measure consisting of a prohibition to leave
the country may be ordered. This prohibition may be connected with a seizure of a passport or other document authorising the
accused to cross a border, or with the refusal to issue such a document.
§ 2. Until the decision referred to in § 1 is issued, the agency conducting the proceedings may seize the document for the
period not exceeding seven days. To the seizure of documents, the provisions of Chapter 25 apply accordingly.
Chapter 29. Search for the accused and the „wanted” warrant.
Art. 278. Search warrant. If the whereabouts of the accused or the suspect are unknown, a search will be ordered. Article
247 applies accordingly.
Art. 279. Wanted warrant.
§ 1. If the accused against whom a decision ordering detention on remand was issued went gone into hiding, the court or the
public prosecutor may decide that a search for him is conducted in the form of a “wanted” warrant.
§ 2. If the decision ordering detention on remand has not yet been issued, it may be issued regardless of the fact whether the
accused has already been examined.
§ 3. If a person searched with a „wanted” warrant is captured and arrested, he should be immediately brought to the court,
which issued the detention order for the purpose of deciding on upholding, changing or annulling this measure, unless the
public prosecutor, after having examined the arrestee, has already changed the preventive measure or annulled detention on
remand. Article 344 second sentence applies accordingly.
§ 4. If a person searched with more than one „wanted”warrant is captured and arrested, it is sufficient that he be, in
accordance with § 3, brought to one of the courts, which issued the “wanted” warrant.
Art. 280. Contents of „wanted” warrant.
§ 1. “Wanted”warrant contains:
1) the denomination of the court or the public prosecutor who issued the warrant,
2) information, which may facilitate the search for the accused and in particular personal details, description, distinguishing
features, place of residence and employment and, if possible, a photograph of the wanted person,
3) information about the accusation, about the order of his detention on remand or about the sentence passed,
4) a call on every person who knows the whereabouts of the accused to notify the nearest unit of the Police, the public
prosecutor or the court,
5) warning about criminal responsibility for aiding and abetting the suspect to escape.
§ 2. In the “wanted” warrant the prize for apprehending or helping to apprehend the accused may be set. It may also contain
an assurance that the details of the informant will be kept confidential.
§ 3. The “wanted” warrant is distributed, as needed, by post, by putting it in public places or by announcing, in particular by
press, radio, television or Internet.
Chapter 30. Letter of safe-conduct.
Art. 281. Issue.
§ 1. If the accused staying abroad declares that he will appear at the court or before the public prosecutor on a specified day
under the condition of remaining at liberty, the circuit court having the jurisdiction over the case may grant to the accused a
letter of safe-conduct.
Art. 282. Obligations.
§ 1. The safe-conduct guarantees that the accused will remain at liberty until the proceedings are concluded with a final
judgment, provided that the accused:
1) will appear on the specified day when summoned by the court and, in preparatory proceedings, also by the public
prosecutor,
2) will not leave a selected location within the country borders without the permission of the court,
3) will not incite witnesses to provide false testimonies or explanations or obstruct the proceedings in any other unlawful
way.
§ 2. In the accused fails to answer a summons without justification or violates the other conditions detailed in § 1, the circuit
court having jurisdiction over the case revokes the safe-conduct.
Art. 283. Bail.
§ 1. The grant of safe-conduct may depend upon the posting of bail.
§ 2. If the safe-conduct is revoked due to an infringement of conditions listed in Article 282 § 1, the assets given as bail are
forfeited or confiscated. This is decided upon by the court mentioned in Article 282 § 2.
Art. 284. Interlocutory appeal against the decision revoking safe-conduct.
§ 1. (repealed)
§ 2. The court’s decision refusing to grant the safe-conduct, as well as the decision issued pursuant to Art. 282 § 2 and
Art. 283 § 2 is subject to interlocutory appeal.
Chapter 31. Disciplinary penalties.
Art. 285. Financial penalty, forcible bringing of a witness, expert or specialist.
§ 1. A penalty of up to 3 000 PLN may be imposed on a witness, expert or a specialist who, without an adequate justification,
fails to answer a summons of the agency conducting the proceedings or without its permission has departed from the place of
procedure before the procedure is completed.
§ 1a. In exceptional cases, provisions of § 1 apply accordingly to defence counsel or attorney due to their influence upon the
course of a procedure. In preparatory proceedings, financial penalties are imposed upon request of the public prosecutor by
the district court in whose circuit the proceedings are conducted.
§ 2. In cases specified in § 1, a witness may also be arrested and brought to the court forcibly. An expert, interpreter or a
specialist may be arrested and brought forcibly only in exceptional cases. With regard to a soldier, Article 247 § 7 applies.
Art. 286. Annulment of financial penalties. A financial penalty should be annulled if the person on whom it was imposed
duly justifies his absence or unpermitted departure. The justification should be provided within a week of the service of the
decision imposing the penalty.
Art. 287. Breach of other duties, arrest.
§ 1. Article 285 § 1 applies accordingly to a person who, without any reason, avoids giving testimony, accomplishing the duty
of an expert, interpreter or specialist, taking an oath, surrendering an object, fulfilling the duties of the guarantor or fulfilling
any other duty in the proceedings, as well as to a representative or manager of an institution, legal person or organisational
unit without legal personality obliged to assist the agency conducting criminal proceedings who, without reason, refuses to
provide assistance within the prescribed term.
§ 2. If an expert, interpreter or specialist persistently refuses to give testimony or fulfil his duty or a person persistently
refuses to surrender an object, a detention for a period not exceeding 30 days may be applied independently from a financial
penalty. This provision also applies to a person, who persistently refuses to appear when summoned by the authority
conducting the proceedings, when an order of arrest and forcible bringing of a summoned person, referred to in Article 285 §
2, is not sufficient to ensure his appearance.
§ 3. The detention is cancelled if the arrestee has fulfilled his duty or preparatory proceedings or proceedings in a given
instance have been concluded.
§ 4. Provisions of § 1 and 2 do not apply to the parties, their defence counsels or attorneys and, insofar as penalties for failure
to surrender an object are concerned, also to persons who may refuse to give testimony.
Art. 288. Soldiers.
§ 1. If a soldier in active military service, except for a member of territorial military units performing service in dispositional
manner, breaches his duties mentioned under Article 285 § 1 and Article 287, the court or the public prosecutor requests his
commanding officer to impose on him a disciplinary penalty.
§ 2. Provision of § 1 applies also if, for a breach committed before entering into the army, the soldier had been sentenced to a
disciplinary penalty, but the penalty had not yet been executed.
Art. 289. Charging with costs.
§ 1. Any person, including defence counsel, attorney or public prosecutor who fails to perform the duties specified in Articles
285 § 1 and 1a or 287 § 1 and thus causes additional costs of proceedings, may be obliged to cover such costs; several persons
may be charged jointly. A soldier in compulsory military service or serving as a candidate to become a professional soldier is
not charged with such costs.
§ 2. If the disciplinary penalty is cancelled, the obligation to cover the costs of proceedings also expires.
Art. 290. Competencies and interlocutory appeals.
§ 1. The decisions provided for in this Chapter are issued by the court and, in preparatory proceedings, also by the public
prosecutor. The detention referred to in Article 287 § 2 in preparatory proceedings is ordered, upon the request of the public
prosecutor, by the district court in whose circuit the proceedings are conducted.
§ 2. The decisions and orders provided for in this Chapter are subject to interlocutory appeal. The appeal against the public
prosecutor’s order referred to in Article 285 § 2 is filed with the district court in whose circuit the proceedings are conducted.
§ 3. The submission of interlocutory appeal stays the execution of the detention order.
Chapter 32. Security on property.
Art. 291. Basis.
§ 1. If the accused is charged with an offence liable to or in connection with which it is possible to order:
1) a fine,
2) a monetary performance,
3) a forfeiture,
4) a compensatory measure,
5) a return to the aggrieved party or to another entitled entity a financial benefit, which the offender obtained from the
offence, or its equivalent,
- the enforcement of the judgment may be secured ex officio on the property of the accused or on the property referred to in
Article 45 § 2 of the Criminal Code, if there is a justified concern that without such a security the enforcement of the
judgment as to the penalty or penal measures will be impossible or significantly hindered.
§ 2. The execution of the judgment referred to in § 1 point 3 or 5 may also be secured on the property of a natural person
referred to in Article 44a of the Criminal Code, or of a natural or legal or an organisational entity without legal personality
referred to in Article 45 § 3 of the Criminal Code, or on property, which would be liable to forfeiture in accordance with
Article 45a § 1 or 2 of the Criminal Code and Article 33 § 3, Article 43 § 1 or 2 or Article 43a of the Fiscal Criminal Code.
§ 2a. A judgment concerning the return of material benefit or its equivalent or a judgment concerning forfeiture of a material
benefit or its equivalent issued against an entity referred to in Article 91a may be secured ex officio on the property of this
entity.
§ 3. The execution of the judgment concerning court costs may also be secured ex officio on the property of the accused, if
there is a justified concern that without such a security the enforcement of the judgment in this respect will be impossible or
significantly hindered.
§ 4. Security established on the property of the accused should be immediately annulled in whole or in part, if circumstances
due to which it was established ceased to exist or reasons have arisen justifying its even partial annulment.
§ 5. Security established on the property of the accused should be immediately annulled in whole or in part, if circumstances
due to which it was established ceased to exist or reasons have arisen justifying its even partial annulment.
Art. 292. Manner of securing.
§ 1. Security is established in the manner set forth in the provisions of the Code of Civil Procedure, unless the law provides
otherwise.
§ 2. If the property of the accused is likely to be forfeited, security consists in the seizure of moveable property, receivables
and other property rights and by prohibiting alienation or encumbrance of real estate. This prohibition should be disclosed in
the real estate and mortgage register and, if such a register has not been established, in the relevant documents deposited with
the court. If necessary, management of the real estate owned by the accused may be established.
§ 3. Article 232 applies accordingly.
Art. 292a. Security by way of compulsory administration.
§ 1. The execution of the judgment referred to in Article 291 § 1 may also be secured by establishing a compulsory
administration and appointing an administrator. The decision specifies the enterprise or an organised part thereof and appoints
an administrator from the list of persons holding a license of a restructuring advisor referred to in the Act of 15 June 2007 on
the License of Restructuring Advisor (Journal of Laws of 2016, item 883).
§ 2. In preparatory proceedings, the decision establishing the security by way of a compulsory management is issued by the
public prosecutor. The decision is subject to court’s approval.
§ 3. After the issue of the decision referred to in § 2 the public prosecutor, within seven days petitions to the court for its
approval. The court rules on the approval within seven days of the receipt of the decision.
§ 4. The security is annulled when the ruling denying approval of the decision referred to in § 2 becomes final and binding.
§ 5. The public prosecutor’s decision on the security is approved in preparatory proceedings, at the public prosecutor’s
request, by the district court, in whose circuit the proceedings are conducted and, after the submission of the indictment, by
the court, before which the case is pending.
§ 6. After the submission of the indictment, the decision on the establishment of the security by way of compulsory
administration is issued by the court, before which the case is pending.
§ 7. The court decision on the approval of the decision on the security or on establishment of the security is subject to
interlocutory appeal by the parties, the aggrieved party, the owner or other person managing the enterprise on his behalf.
§ 8. The administrator ensures the continuity of the enterprise’s operations and provides the court or the public prosecutor
with all information important from the point of view of the pending proceedings, and in particular about the manner and
circumstances, in which the enterprise was used to commit the offence or conceal the proceeds of the offence and about the
documents, which may be used as evidence in the case.
§ 9. The administrator makes the list of assets and property rights making part of the enterprise and submits it to the public
prosecutor or to the court, which issued the decision on security. The owner of the enterprise or the person managing the
enterprise on his behalf may petition the public prosecutor or the court, which issued the decision, to exclude certain assets or
property rights from the security.
§ 10. The decision excluding from the security certain assets or property rights is subject to interlocutory appeal by the
parties, the aggrieved party, the owner or other person managing the enterprise on his behalf.
Art. 292b. Security on enterprise of a collective entity. A security referred to in Article 292a § 1 may also be established on
an enterprise of a collective entity within the meaning of the Act of 28 October 2002 on the Responsibility of Collective
Entities for Acts Prohibited Under Penalty (Journal of Laws of 2016, item 1541 and of 2017, item 724 and 933), if in view of
the evidence it seems highly probable that this entity may be held criminally liable in accordance with the act.
Art. 293. Decision, interlocutory appeal.
§ 1. The decision concerning security on property is issued by the court and, in preparatory proceedings, by the public
prosecutor.
§ 2. The decision determines the scope and modality of establishing security, taking into consideration the amount of fine
possible to impose in the circumstances of a given case, penal measures, forfeiture or compensatory measures. The dimension
of the security should correspond exclusively with the needs of the claim to be secured. The necessity of determining the
amount of security does not apply to the security on assets subject to forfeiture, coming directly from an offence or destined
to be used for the commission of an offence.
§ 3. The decision concerning security on property is subject to interlocutory appeal.
§ 4. If the decision has been issued by the public prosecutor and preparatory proceedings are conducted in the circuit of the
court other than the court competent as to the matter or venue, interlocutory appeal should be filed with the court of first
instance competent to the matter, in whose circuit preparatory proceedings are being conducted.
§ 5. Since the moment of issue, the decision concerning security on property constitutes an enforcement title.
§ 6. If the security has been established on objects previously surrendered by the accused to the judicial authority or seized as
a result of actions mentioned in Chapter 25, enforcement activities aimed at obtaining enforcement clause and carry out the
decision on security are not undertaken.
§ 7. A natural or legal person, or a legal entity without legal personality referred to in Article 45 § 3 of the Criminal Code,
may file a motion against the State Treasury for the establishment, that the property or a part thereof is not liable to forfeiture.
Until the case is resolved in a final and binding way, the enforcement proceedings are suspended.
Art. 294. Cancellation of security.
§ 1. Security is cancelled if neither a fine, forfeiture, exemplary damages, monetary performance or an obligation to remedy
damage caused or compensate for harm done have not been imposed with a final court judgment and such claims have not
been filed within three months of the day, on which the judgment became final.
§ 2. If a claim is filed within the term referred to in § 1, the security will stay in force, unless the court decides otherwise in
the civil proceedings.
Art. 295. Temporary seizure.
§ 1. If an offence referred to in Article 291 is committed, the Police may temporarily seize the moveable property of the
accused, if it is feared that the accused might try to remove it.
§ 2. Articles 217-235 apply accordingly.
§ 3. Temporary seizure may not concern property, which is not liable to enforcement.
§ 4. Temporary seizure is annulled, if within seven days of the seizure a decision securing the claim has not been issued.
Division VII. Preparatory proceedings.
Art. 297. Objectives of preparatory proceedings.
§ 1. The objective of preparatory proceedings is to:
1) establish whether a prohibited act was committed and whether it constitutes an offence,
2) reveal and, if necessary, apprehend the perpetrator,
3) collect information pursuant to Article 213 and 214,
4) clarify the circumstances of the case, including the identity of aggrieved parties and the extent of damage,
5) collect, secure and, if necessary, preserve evidence for the court.
§ 2. (repealed)
Art. 298. Competent agencies.
§ 1. Preparatory proceedings are conducted or supervised by the public prosecutor, and within the limits defined in the law,
they are conducted by the Police. In cases provided for by the law, the rights of Police are vested in other authorities.
§ 2. Procedures in preparatory proceedings defined by law are conducted by the court.
Art. 299. Parties to preparatory proceedings.
§ 1. In preparatory proceedings, the aggrieved person and the suspect are the parties.
§ 2. In cases mentioned in the law, defined rights are vested also in persons other than the parties.
§ 3. In judicial procedures undertaken in preparatory proceedings, the public prosecutor has the rights of a party.
Art. 299a. Participation of an indicated person.
§ 1. In the course of preparatory proceedings, the procedures involving the participation of the aggrieved party may be carried
out with the attendance of the person indicated by the aggrieved party, if it does not render the conduct of the procedure
impossible or significantly hinders it in any other way.
§ 2. At the request of the aggrieved party filed in preparatory proceedings, the court notifies the aggrieved party by ordinary
mail sent to the indicated address about the way, in which the case was concluded and sends the copy of the ruling concluding
the proceedings in the case or a summary thereof.
Art. 300. Instruction of a suspect.
§ 1. Prior to the first interrogation, the suspect should be instructed of his rights: to give or to refuse explanations or to decline
to answer questions, to be informed of the charges and any changes thereof, to submit requests for procedures to be
undertaken in investigation or inquiry, to be assisted by defence counsel, including the right to request the appointment of the
defence counsel ex officio in the case specified in Article 78 and to be acquainted, at the end of the proceedings, with the
material gathered in its course, as well as of the rights defined under Article 23a § 1, Article 72 § 1, Article 156 § 5 and 5a,
Article 301, Article 335, Article 338a and Article 387 and of the duties and consequences mentioned in Article 74, Article 75,
Article 133 § 2, Article 138 and Article 139. This instruction should be given to the suspect in writing, who acknowledges
receipt with his signature.
§ 2. Prior to the first interrogation, the aggrieved party should be instructed of having the status of a party to the preparatory
proceedings and about the rights arising therefrom:to submit requests for procedures to be undertaken in investigation or
inquiry and of the conditions of participating in the procedures specified in Article 51, Article 52 and Article 315-318, to be
assisted by an attorney, including the right to request the appointment of the attorney ex officio in the circumstances specified
in Article 78 as well as of the rights defined under Article 23a, Article 156, Article 204, Article 306 and of the duties and
consequences mentioned in Article 138 and Article 139. The instruction shall also include information about: the possibility
of the damage being redressed by the accused or compensated by the State, access to legal aid and available means of
protection and assistance referred to in the Act of 28 November 2014 on the Protection and Assistance for Victims and
Witnesses (Journal of Laws of 2015, item 21), the assistance provided for in Article 43 § 8 of Criminal Enforcement Code,
the possibility of obtaining a European protection warrant, the organisations providing support to victims, content of Article
337a and the possibility of reimbursement of costs incurred in connection with the participation in the proceedings. This
instruction should be given to the aggrieved party in writing, who acknowledges receipt with his signature.
§ 3. Prior to the first interrogation, the witness should be instructed of his rights and duties under Articles 177-192a and about
available means of protection and assistance referred to in the Act of 28 November 2014 on the Protection and Assistance for
Victims and Witnesses.
§ 4. The Minister of Justice shall define by way of a regulation the form of the instruction referred to in § 1-3, bearing in mind
the necessity of making the instruction comprehensible also to the persons not using the assistance of an attorney.
Art. 301. Interrogation with the participation of the defence counsel. At the request of the suspect, the interrogation
should be conducted with the participation of the appointed defence counsel. Failure of defence counsel to appear does not
halt the examination.
Art. 302. Interlocutory appeal in preparatory proceedings.
§ 1. Persons other than parties to the proceedings may appeal against decisions and orders violating their rights.
§ 2. Parties and persons who are not parties to the proceedings may appeal against procedures other than decisions and orders,
if such procedures violate their rights.
§ 3. Interlocutory appeals against decisions, orders and other procedures conducted by the public prosecutor in preparatory
proceedings are considered by a directly superior public prosecutor.
Chapter 34. Initiating an investigation.
Art. 303. Decision to initiate an investigation. If there is a justified suspicion that an offence was committed, a decision to
initiate an investigation is issued ex officio or as a result of a report. The decision describes the act which constitutes the
object of the proceedings and its legal qualification.
Art. 304. Report of an offence.
§ 1. Anyone who has knowledge that an offence prosecuted ex officio was committed has a citizen’s duty to notify thereof the
public prosecutor or the Police. Articles 148a and 156a apply accordingly.
§ 2. Public and local government institutions that, in connection with their activity, learn of the perpetration of an offence
prosecuted ex officio, immediately report the same to the public prosecutor or the Police and, until the arrival of the authority
appointed to prosecute offences or the issue by this authority of an appropriate order, undertake actions necessary to prevent
the loss of traces and evidence.
§ 3. A report of an offence or the Police’s own information confirming the perpetration of such an offence for which an
investigation by the public prosecutor is mandatory, together with the gathered material, is immediately submitted by the
Police to the public prosecutor, together with the material.
Art. 304a. Joint transcript. One joint transcript is made of the oral report of the offence and the examination of the reporting
person in the capacity of a witness. The transcript may also contain a motion to prosecute the offence.
Art. 304b. Confirmation statement. At the request of the aggrieved party filing the report of the offence, a confirmation
statement is issued specifying the date and place of its receipt, the receiving authority along with its contact details, case
number, details of the aggrieved party, time and place of the reported offence, brief description of the offence and damage
suffered. The aggrieved party shall be informed of this right.
Art. 305. Reaction to the report.
§ 1. Immediately on receipt of the report of the offence, the authority appointed to conduct preparatory proceedings is obliged
to issue a decision to initiate or to decline to initiate an investigation.
§ 2. (repealed)
§ 3. The decision to initiate an investigation is issued by the public prosecutor. The decision to discontinue the investigation
or decline to initiate an investigation may be issued by the public prosecutor or by the Police. The decision issued by the
Police requires the approval of the public prosecutor.
§ 4. Notification of the decision to initiate, or to decline to initiate an investigation or to discontinue an investigation, is given
to the individual or State, local or social institution that submitted the report about the offence, and in addition to the
identified aggrieved party, and in the case of a discontinued investigation, likewise to the suspect, who should also be advised
of his rights.
Art. 306. Interlocutory appeal.
§ 1. An interlocutory appeal against a decision to decline to initiate an investigation may be filed by:
1) the aggrieved party,
2) the institution referred to under Article 305 § 4,
3) the persons referred to under Article 305 § 4, if their rights were violated as a result of the offence.
§ 1a. An interlocutory appeal against a decision to discontinue an investigation may be filed by:
1) the parties,
2) a State or self-government institution, which submitted a report of an offence,
3) the persons, who submitted a report of an offence referred to in Articles 228-231, Article 233, Article 235, Article 236,
Article 245, Articles 270-277, Articles 278-294 or Articles 296-306 if criminal proceedings were initiated as a result of his
report and his rights were violated as a consequence of the offence.
§ 1b. Those entitled to file an appeal referred to in § 1 and 1a have the right to review the case files. To this end, the public
prosecutor may grant access to files in electronic form.
§ 2. (repealed)
§ 3. In the event that the person or institution submitting a report of an offence has not been informed of the initiation or
refusal to initiate an investigation within six weeks, they are entitled to lodge a complaint to the superior public prosecutor or
to the prosecutor appointed to supervise the agency to which the report was submitted.
Art. 307. Verifying proceedings.
§ 1. If necessary, it may be required that the information contained in a report of the offence be supplemented or verified with
respect to the facts of the matter. In this event, the decision initiating or declining to initiate an investigation should be issued
at the latest within thirty days of receipt of the report.
§ 2. In the course of the verification proceedings, evidence from expert opinion is not taken and procedures requiring a
transcript are not conducted, with the exception of the receipt of an oral report of an offence or a motion to prosecute, and the
procedure referred to in § 3.
§ 3. Information contained in a report of an offence may also be supplemented by way of examining the reporting person in
the capacity of a witness.
§ 4. (repealed)
§ 5. The provisions of § 2 apply accordingly, when the prosecution authorities verify their own information giving rise to a
suspicion that an offence was committed, before a decision to initiate an investigation was issued.
Art. 308. Inquiry to a necessary extent.
§ 1. Within the limits necessary to secure traces and evidence against loss, distortion or destruction, the public prosecutor or
the Police may, in any urgent case, even before the issue of a decision to initiate investigation or inquiry, conduct trial
procedures, in particular carry out an inspection, if necessary with participation of an expert, a search or procedures referred
to in Article 74 § 2 point 1 in relation to a person suspected of an offence and undertake other necessary procedures with
respect to such a person, including the collection of samples of blood, hair or other body fluids. After these procedures were
carried out, in cases in which the investigation must be conducted by the public prosecutor, the person conducting the
proceedings immediately refers the case to the public prosecutor.
§ 2. In urgent cases, especially when a delay may result in the loss of traces or evidence of an offence, in the course of the
procedures referred to under § 1, a person suspected of having committed an offence may be questioned in the capacity of a
suspect before a decision to bring charges was issued, if there are grounds for the issue of such a decision. The questioning
begins with information about the charges.
§ 3. In the circumstances referred to in § 2, in cases in which it is obligatory to conduct an investigation, a decision to bring
charges is issued no later than within five days of the examination or, if there are no grounds for such a decision, the
proceedings concerning the examined person is discontinued.
§ 4. In cases, in which it is obligatory to conduct an investigation, the decision referred to in § 3 is issued by the public
prosecutor.
§ 5. The procedures referred to in § 1 and 2 may only be carried out within five days of the first procedure.
§ 6. In the cases referred to in § 1 and 2, the duration of an investigation or inquiry is calculated from the date of the first
procedure.
Chapter 35. Conduct of an investigation.
Art. 309. Subject of an investigation. Investigation is conducted in cases:
1) in which the hearing of the case in the first instance is within the competence of the circuit court,
2) for a summary offence, if the suspect is either a judge or a public prosecutor or an officer of the Police, Internal Security
Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, State Security Service,
Customs Service or of Central Anti - Corruption Bureau,
3) for a summary offence, if the suspect is an officer of the Border Guard, Military Gendarmerie, an official of a financial
authority conducting preparatory proceedings or of its superior authority - with respect to cases lying within the competence
of these authorities or for a summary offence committed by the above officials in connection with the performance of their
duties,
4) for a summary offence, in case of which an inquiry is not conducted,
5) for a summary offence, in case of which the inquiry should be conducted, but the public prosecutor decides otherwise due
to the particular importance or complexity of the case.
Art. 310. Duration of an investigation.
§ 1. Investigation should be closed within three months.
§ 2. In justified cases, an investigation may be extended for a further term defined by the public prosecutor supervising the
investigation or directly superior over the public prosecutor conducting the investigation, however for no longer than a year.
In particularly justified cases, a competent public prosecutor superior over the public prosecutor supervising or conducting the
investigation may extend the investigation for a further definite term.
Art. 311. Agencies conducting an investigation.
§ 1. Investigation is conducted by the public prosecutor.
§ 2. The public prosecutor may entrust the entire investigation, its part or certain procedures of the investigation to the Police.
In the cases referred to in Articles 309 § 2 and 3, only individual procedures of the investigation may be entrusted to the
Police.
§ 3. Procedures entrusted pursuant to § 2 may not include activities related to the presentation of charges, modification and
supplementation of the decision on the presentation of charges and closing of the investigation; however, Article 308 § 2 may
apply.
§ 4. In the circumstances referred to in § 2, the Police may carry out other procedures if such a need arises.
§ 5. The public prosecutor may reserve certain procedures to be carried out by him personally, especially if they require the
issue of a decision.
§ 6. (repealed)
§ 7. (repealed)
Art. 312. Other agencies. The rights of the Police are vested also in:
1) the agencies of the Border Guard, Internal Security Agency, National Tax administration, Central Anti - Corruption
Bureau or Military Gendarmerie, within the limits of their competences,
2) other agencies referred to in special provisions.
Art. 313. Bringing charges.
§ 1. If information existing at the moment of initiating the investigation or collected during the investigation, sufficiently
justifies the suspicion that the offence was committed by a specific individual, the decision to bring charges is drawn up and
announced to the suspect. The suspect is interrogated, unless the announcement of the decision and the examination of the
suspect are not possible because he is in hiding or absent from the country.
§ 2. The decision to bring charges indicates the suspect, an exact description of the offence with which he is charged and its
legal qualification.
§ 3. The suspect may, until such time that he is notified of the date to examine files gathered during the investigation, demand
that the grounds for the charges be explained to him verbally and the statement of reasons be drawn up in writing. The suspect
should be advised of these rights. The statement of reasons is served upon the suspect and the appointed defence counsel
within 14 days.
§ 4. The statement of reasons should clarify in particular on what facts and evidence the charges are based.
Art. 314. Extension and change of charges. If in course of the investigation it transpires that the suspect should be charged
with an offence not included in the decision to bring charges already issued, with an offence in the significantly changed form
or that the offence should be qualified under a more severe provision, a new decision should be issued immediately,
announced to the suspect and the suspect should be questioned. Article 313 § 3 and 4 applies accordingly.
Art. 315. Evidentiary motions.
§ 1. A suspect and his defence counsel, as well as the aggrieved party and his attorney may submit requests that certain
procedures of the investigation be conducted.
§ 2. A party, who submitted a request, his defence counsel or attorney cannot be denied the right to participate in the
procedure, if they so demand. Article 318, the second sentence, applies accordingly.
Art. 316. Unrepeatable procedures.
§ 1. If a procedure of the investigation cannot be repeated at the trial, the suspect, the aggrieved party and their legal
representatives, as well as defence counsels and attorneys, if they have already been appointed in the case, should be allowed
to participate in the procedure, unless a delay might result in the loss or distortion of evidence.
§ 2. A suspect in custody will not be brought to the court if the delay might result in the loss or distortion of evidence.
§ 3. If there is a risk that it will not be possible to examine a witness at the trial, a party, the public prosecutor or other agency
conducting the proceedings may request the court to examine the witness.
Art. 317. Participation in other procedures.
§ 1. Parties and their defence counsels or attorneys, if such have already been appointed, should also, upon their demand, be
allowed to participate in other procedures of the investigation.
§ 2. In a particularly justified case, the public prosecutor may, by way of a decision, deny participation in a procedure due to
the important interests of the investigation or decline to bring the accused in custody if this would cause serious difficulties.
Art. 318. Expert opinion. If evidence from an opinion issued by experts or a scientific or specialised institution is admitted,
the suspect and his defence counsel, as well as the aggrieved party and his attorney receive a copy of the decision admitting
evidence and they are allowed to participate in the examination of experts and to review the opinion, if it was given in writing.
A suspect in custody is not brought to the court, if it would cause serious difficulties.
Chapter 36. Closing an investigation.
Art. 321. Review of the material of investigation, closing of an investigation.
§ 1. If there are grounds to close an investigation, at the request of the suspect and his defence counsel to be allowed to review
the material of the proceedings, the entity conducting the proceedings informs the suspect and the defence counsel of the date
on which they may review the said material. They are also instructed that prior to reviewing the material of the proceedings,
they may review the case files within the time limit set forth by the agency conducting the proceedings, adequate to the
importance and complexity of the case. For the purpose of the revision the files may be rendered available in electronic form.
§ 2. The date, on which the suspect may review the material of the proceedings, should be set no earlier than after at least
seven days from the notification of the suspect and his defence counsel thereof.
§ 3. The defence counsel is entitled to participate in the procedure of informing the suspect of the material of the proceedings
before the closure of the investigation.
§ 4. An unjustified failure of the suspect or his defence counsel to appear does not stop the proceedings.
§ 5. Within three days of reviewing the material of the investigation, the parties may submit requests for the investigation to
be supplemented. Article 315 § 2 applies accordingly.
§ 6. If there is no need for the investigation to be supplemented, the decision on its closure is issued and announced, or its
content is communicated, to the suspect and his defence counsel.
Art. 322. Discontinuation of investigation.
§ 1. If the proceedings have not given grounds for the submission of an indictment and the conditions mentioned in Article
324 are not fulfilled, the investigation is discontinued without the necessity of familiarising the suspect with the material of
the proceedings and without necessity of closing the proceedings.
§ 2. The decision to discontinue the proceedings should include, in addition to the information mentioned in Article 94, an
exact description of the offence, its legal qualification and reasons for the discontinuation.
§ 3. If the discontinuation takes place after the decision on presentation of charges was issued or after a person was examined
as a suspect, the decision to discontinue the proceedings includes also the name of the suspect and, if necessary, other details
concerning his person.
Art. 323. Physical evidence.
§ 1. In case of the discontinuation of proceedings, the public prosecutor issues a decision concerning physical evidence,
pursuant to Article 230-233.
§ 2. The decision referred to in § 1 may be appealed by the suspect, the aggrieved party or the person from whom these
objects were seized or who claims to be entitled to them.
§ 3. After the decision to discontinue the proceedings has become final, if the conditions defined in Article 45a of the
Criminal Code, or Article 43 § 1 and 2, Article 43a as well as Article 47 § 4 of the Fiscal Criminal Code are fulfilled, the
public prosecutor submits a motion to the court to order forfeiture. This motion may also be filed by the public prosecutor if
the discontinuation occurred due to the fact that the perpetrator of an offence, fiscal offence or fiscal misdemeanour has not
been uncovered, if the provision of law allows the forfeiture.
Art. 324. Motion for discontinuation of proceedings and imposition of preventive measures.
§ 1. If it is established that the suspect committed the act in a state of insanity and there are grounds to apply preventive
measures, the public prosecutor, after closing the investigation, refers the case to the court with a motion to discontinue
proceedings and apply preventive measures. Article 321 applies accordingly.
§ 1a. Article 331 § 1 and 4, Article 332, Article 333 § 1-3 and Article 334 § 1 apply accordingly to the request referred to in §
1. The public prosecutor, when transmitting the request to the court, notifies thereof the aggrieved party, if they were
identified.
§ 2. If, in the opinion of the court, there are no grounds to accept the motion referred to in § 1, the case is transferred to the
public prosecutor in order that it may be continued.
§ 3. A decision of the court is subject to interlocutory appeal.
Art. 325. Suspension of an investigation. A decision on the suspension of the investigation not issued by the public
prosecutor requires his written approval.
Chapter 36a. Inquiry.
Art. 325a. Relevant application of provisions concerning investigation.
§ 1. An inquiry is conducted by the Police or by the agencies referred to in Article 312, unless it is conducted by the
prosecutor.
§ 2. The provisions concerning investigations apply accordingly to inquiries, unless the provisions of this Chapter state
otherwise.
Art. 325b. Offences subject to inquiry.
§ 1. An inquiry is conducted in cases concerning offences which fall within the judicial competence of the district court:
1) punishable with a penalty not exceeding five years of imprisonment, yet, in case of offences against property, only when
the value of the object of the offence or damage caused or impending does not exceed 200 000 PLN,
2) provided for in Article 159, Article 254a and Article 262 § 2 of the Criminal Code,
3) provided for in Article 279 § 1, Article 286 § 1 and 2 and Article 289 § 2 of the Criminal Code, if the value of the object
of the offence or damage caused or impending does not exceed 200 000 PLN.
§ 2. Among cases concerning offences mentioned in § 1 point 1, an inquiry is not conducted in cases concerning offences
defined in Article 155, Article 156 § 2, Article 157a § 1, Article 165 § 2, Article 168, Article 174 § 2, Article 175, 181-184,
186, 201, Article 231 § 1 and 3, Article 240 § 1, Article 250a § 1-3, Article 265 § 3 and in Chapter XXXVI, except for Article
297 and Article 300, and in Chapter XXXVII of the Criminal Code.
Art. 325c. Negative conditions of inquiry. (uchylony)
Art. 325d. Delegation. The Minister of Justice, upon consultation with the relevant ministers, shall define by way of a
regulation the agencies, other than the Police, authorised to conduct inquiries and the agencies authorised to submit an
indictment and support charges before the court of first instance in cases in which inquiry has been conducted, bearing in
mind the scope of their competences defined by the law.
Art. 325e. Decisions in the course of inquiry.
§ 1. The decision to initiate an inquiry, to decline to initiate an inquiry, to discontinue an inquiry and enter the case into the
register of offences, to discontinue an inquiry or to suspend an inquiry is issued by the entity conducting the proceedings. It
may be recorded in the transcript referred to in Article 304a and does not require a statement of reasons. At the request of a
party, the authority conducting the inquiry explains orally the main reasons for the decision.
§ 1a. If the report of an offence is submitted by a labour inspector or the Supreme Audit Office, statement of reasons for the
refusal to initiate an inquiry or for the discontinuation thereof is made upon their request. Article 422 and Article 423 apply
accordingly. The appeal is submitted within seven days of the service of the decision with the statement of reasons.
§ 1b. If the motion referred to in Article 59 of the Criminal Code has been submitted, the decision to discontinue the inquiry is
issued by the public prosecutor.
§ 2. Decisions referred to in § 1, with the exception of the decision to discontinue an inquiry and enter the case into the
register of offences, is approved by the public prosecutor. Article 323 is applied by the public prosecutor and - in cases
discontinued and subsequently entered into the register of offences - the Police.
§ 3. (repealed)
§ 4. An interlocutory appeal against a decision to discontinue an inquiry and to enter the case into the register of offences is
filed with the public prosecutor competent to supervise the inquiry. If the public prosecutor does not accept the appeal, it is
referred to the court.
Art. 325f. Registration proceedings.
§ 1. If information acquired in the course of procedures referred to in Article 308 § 1 or in course of an inquiry conducted for
at least five days does not give sufficient grounds to uncover the offender in course of further trial procedures, the decision to
discontinue the inquiry may be issued and the offence may be entered into the register of offences.
§ 2. After the decision referred to in § 1 was issued, the Police, pursuant to separate provision, conduct procedures aimed at
discovering the offender and collecting evidence.
§ 3. If such information is acquired that allows the offender to be uncovered, the Police issue a decision to resume the
proceedings. Article 305 § 4 applies accordingly, provisions of Article 305 § 3, first sentence, and Article 327 § 1 does not
apply.
§ 4. (repealed)
Art. 325g. Examination of a suspect.
§ 1. It is not required to draw up a decision to bring charges or to issue a decision to close an inquiry, unless the suspect is
detained on remand.
§ 2. Questioning of a person suspected of an offence starts with information of the charges specified in the transcript of the
interrogation. From the beginning of the questioning, this person is considered the suspect.
§ 3. The suspect is entitled to prepare a defence and in particular to appoint a defence counsel or have a defence counsel
assigned to him by the court.
Art. 325h. Limited inquiry. An inquiry may be limited to the establishment that there are sufficient grounds to submit an
indictment or conclude the proceedings otherwise. However, procedures provided for in Article 321 § 1-5 and in Article 325g
§ 2 are conducted, the suspect and the aggrieved party examined and those procedures, which cannot be repeated are
conducted and recorded in transcripts. Other evidentiary procedures are recorded in the form of a transcript limited to the
most important statements of the persons participating therein. Article 148 § 2, first sentence, does not apply.
Art. 325i. Duration of inquiry, other issues.
§ 1. An inquiry should be closed within two months. The public prosecutor may extend this period up to three months and, in
particularly justified cases, for further specified term.
§ 2. (repealed)
§ 3. The public prosecutor’s rights referred to in Article 335, Article 336 and Article 387 § 2 are also vested in the agencies
other than the public prosecutor authorised to submit an indictment and support charges in cases concerning offences
prosecuted by public accusation.
Chapter 37. The public prosecutor's supervision over preparatory proceedings.
Art. 326. Scope of supervision.
§ 1. The public prosecutor supervises preparatory proceedings to the extent to which he does not conduct them himself. He
may also supervise the proceedings referred to in Article 307.
§ 2. The public prosecutor also ensures the proper and effective course of the entire proceedings under his supervision.
§ 3. Within the scope of his supervision, the public prosecutor may in particular:
1) ask the person conducting the proceedings about his intentions, indicate the direction that the proceedings should take and
issue relevant orders,
2) demand to be presented with the material accumulated in course of the proceedings,
3) participate in the procedures performed by the person conducting the proceedings, perform them personally or take over
the entire proceedings,
4) issue decisions, orders or instructions, as well as change or revoke decisions and orders issued by the person conducting
the proceedings.
§ 4. If an agency other than the public prosecutor fails to comply with a decision, order or instruction of the public prosecutor
supervising the proceedings, the superior of the official, at the request of the public prosecutor, initiates disciplinary
proceedings. The public prosecutor is informed of the outcome.
Art. 327. Resumption of preparatory proceedings.
§ 1. Preparatory proceedings that were discontinued may be resumed at any time by virtue of the public prosecutor’s decision,
provided that this will not be conducted against a person who was a suspect in the previous proceedings. This provision
applies accordingly in a case, in which the initiation of investigation or inquiry was denied.
§ 2. Preparatory proceedings discontinued by virtue of a final decision are resumed against the previous suspect pursuant to
the decision of the public prosecutor superior to the one that issued the decision on discontinuation only if new facts or
evidence unknown in the previous proceedings are revealed or if the circumstances referred to in Article 11 § 3 occur. The
limitations concerning detention on remand are then applied to the total duration of this measure.
§ 3. Before the issue of a decision on the resumption or reopening of proceedings, the public prosecutor may personally
undertake or order that the Police undertake the necessary evidentiary procedures in an effort to verify the circumstances
justifying the issue of the decision.
§ 4. After the submission of an indictment, the court discontinues proceedings if it discovers that the resumption of
preparatory proceedings is groundless.
Art. 328. Extraordinary annulment of the decision to discontinue preparatory proceedings.
§ 1. The Public Prosecutor General may annul a final and binding decision to discontinue preparatory proceedings with regard
to a suspect if he discovers that the discontinuation of the proceedings is groundless. This does not apply to those cases in
which the court upheld the decision to discontinue.
§ 2. After one year from the date on which the decision to discontinue the proceedings became final, the Public Prosecutor
General may annul or change the decision or statement of reasons thereof only in favour of the suspect.
Chapter 38. Judicial procedures in preparatory proceedings.
Art. 329. Competence and panel of the court.
§ 1. Procedures in preparatory proceedings provided for by law are conducted in a hearing by the court competent to hear the
case in the first instance, unless the law stipulates otherwise.
§ 2. The court conducts the procedures in the panel of one person also when it considers interlocutory appeals against the
procedures of preparatory proceedings, unless the law provides otherwise.
Art. 330. Indictment submitted by the aggrieved party.
§ 1. When annulling the decision to discontinue or to decline to initiate preparatory proceedings, the court specifies reasons
thereof and, if necessary, also the circumstances to be clarified and procedures to be accomplished. Those instructions are
binding on the agency conducting preparatory proceedings.
§ 2. If the agency conducting preparatory proceedings still does not see grounds for indictment, he reissues the decision to
discontinue or to decline to initiate the proceedings. In such a case, the aggrieved party who has already exercised his rights
provided for in Article 306 § 1 and 1a, may submit an indictment defined in Article 55 § 1. The aggrieved party should be
advised of this right.
§ 3. If the aggrieved party submits the indictment, the president of the court sends a copy thereof to the public prosecutor,
requesting him to send the files of preparatory proceedings within fourteen days.
Chapter 39. Indictment.
Art. 331. Manners of closing preparatory proceedings, time limits.
§ 1. Within 14 days of closing of the investigation or of receipt of an indictment drawn up by the Police in the inquiry, the
public prosecutor prepares an indictment or approves that drawn up by the Police in the inquiry and submits it to the court, or
issues a decision to discontinue, suspend or supplement the investigation or inquiry.
§ 2. The agency referred to in Article 325d may submit an indictment directly to the court, unless the public prosecutor
decides otherwise.
§ 3. If the accused is detained on remand, the time-limit referred to in § 1 is that of seven days.
§ 4. In the event that the accused is detained on remand, the indictment should be submitted not later than 14 days before the
expiry of the term of this measure.
Art. 332. Contents of indictment.
§ 1. The indictment should contain:
1) the name of the accused, his other personal details and information concerning preventive measure and security on
property applied,
2) an exact description of the offence with which the accused is charged, including the time, place, method and circumstances
of its perpetration, as well as its consequences, in particular the extent of the damage caused,
3) clarification whether the offence was committed under the circumstances referred to in Article 64 or 65 of the Criminal
Code or Article 37 § 1 of the Fiscal Criminal Code,
4) indication of those provisions of criminal laws, which were applied to the offence in question,
5) indication of the competent court and the mode of proceedings.
6) (repealed)
§ 2. The indictment is accompanied with a statement of reasons indicating those facts and evidence, on which the accusation
is based and, if needed, explaining legal grounds for the accusation, as well as describing circumstances indicated by the
accused in his defence.
§ 3. If preparatory proceedings were concluded in the form of inquiry, the indictment need not contain a statement of reasons.
Art. 333. Contents of indictment, attachments, public prosecutor's motions.
§ 1. The indictment should also contain:
1) a list of persons, whose appearance is demanded by the public prosecutor,
2) a list of other evidentiary procedures, the conduct of which in the course of the main trial is demanded by the public
prosecutor.
§ 2. The public prosecutor may request that witnesses residing abroad be released from summons and their testimonies be
read out at the trial. The same applies to those witnesses, whose testimonies would only confirm circumstances, which the
accused did not deny in his clarifications, and these circumstances are not of such an importance as to make the examination
of witnesses at the trial necessary. This does not apply to persons mentioned in Article 182.
§ 3. For the information of the court, the list of identified aggrieved persons with their addresses, as well as addresses of
persons referred to in § 1 point 1 is attached to the indictment.
§ 4. (repealed)
§ 5. The public prosecutor may attach to the indictment a request to impose on an entity referred to in Article 91a an
obligation to return a material benefit or its equivalent to the entitled person or to impose a forfeiture or a benefit or its
equivalent by the State Treasury. The motion should contain a statement of reasons.
Art. 334. Sending files, notification of submission of indictment.
§ 1. The files of preparatory proceedings with attachments thereto are sent to the court together with the indictment.
§ 2. The following are also attached to the indictment:
1) an attachment containing witnesses’ addresses,
2) one copy of the indictment for each accused, and in the case referred to in Article 335 § 2 also for each aggrieved party.
§ 3. The public prosecutor informs the accused, the aggrieved party, if they were identified, as well as the person or institution
who filed the report of the offence about the submission of the indictment to the court and about the contents of Article 343
and Article 343a. The aggrieved party should also be informed of the contents of Article 49a and also of the right to declare
the intention of acting in the capacity of the subsidiary prosecutor.
§ 4. The public prosecutor informs the obliged entity and the entitled entity referred to in Article 91a about the submission of
the request referred to in Article 333 § 5 and instructs them about the contents of Article 91a, Article 415a and Article 444 §
2.
§ 5. If the indictment is accompanied with the request referred to in Article 333 § 4, a copy of this request is also attached for
the entity concerned with the request and for the accused charged with an offence, from which this entity was to obtain
material benefit, and also a copy of the indictment for the entity concerned with the request.
§ 6. The public prosecutor informs the accused, the aggrieved party, if they were identified, as well as the person or institution
who filed the report of the offence about the submission of the indictment to the court and about the contents of Articles 335,
338a and 387. The aggrieved party should also be informed of the rights connected with property claims and of the contents
of Article 49a and, if needed, also of the right to declare the intention of acting in the capacity of the subsidiary prosecutor.
Art. 335. Motion to sentence the accused and impose a penalty without holding a trial.
§ 1. If the accused pleads guilty and in view of his explanations the circumstances of the offence and the guilt of the accused
do not raise doubts and the attitude of the accused indicates that purposes of the proceedings will be achieved, it is permissible
to refrain from further actions. If there is a need to evaluate the credibility of the explanations of the accused, evidentiary
procedures are conducted only to a necessary extent. However, in any case, within the limits necessary to secure traces and
evidence against loss, distortion or destruction, trial procedures should be conducted, including in particular an inspection, if
necessary with participation of an expert, a search or procedures referred to in Article 74 § 2 point 1 in relation to a person
suspected of an offence and other necessary procedures with respect to such a person, including the collection of samples of
blood, hair or other body fluids. The public prosecutor, instead of an indictment, files with the court a motion to issue a
sentence of conviction and imposition on the accused of a penalty or a penal measure agreed with him, applicable to a
summary offence, with which the accused is charged and taking into consideration legally protected interests of the aggrieved
party. The agreement may also include a determined decision concerning court costs.
§ 1a. The provisions concerning indictment contained in Chapter 40, except for Article 344a, apply accordingly to the motion
referred to in § 1.
§ 2. The public prosecutor may attach to the indictment a motion to issue a sentence of conviction and imposition on the
accused of a penalty or a penal measure agreed with him, applicable to a summary offence, with which the accused is charged
and taking into consideration legally protected interests of the aggrieved party, if the circumstances of the offence and the
guilt of the accused do not raise doubts, explanations of the accused are consistent with the established facts and the attitude
of the accused indicates that purposes of the proceedings will be achieved. Provisions of § 1 fifth sentence and § 3 second
sentence apply accordingly to the motion. Article 333 § 1 and 2 does not apply to the indictment.
§ 2a. When agreeing with the accused the contents of the motion referred to in § 1 or 2, the public prosecutor instructs him of
the content of Article 447 § 5, of which a mention is made in the case file.
§ 3. The motion referred to in § 1 should contain the data specified in Article 332 § 1. The statement of reasons is limited to
the indication of evidence confirming that circumstances of the offence and the guilt of the accused do not raise doubts and
that the purposes of the proceedings will be achieved without holding a trial. Article 333 § 3 and Article 334 applies
accordingly. Parties, defence counsels and attorneys have a right of reviewing case files, of which they should be instructed.
§ 4. If the court dismisses the motion referred to in § 1 and returns the case to the public prosecutor, the motion may be
resubmitted only if its dismissal occurred due to the reasons indicated in Article 343 § 1, 2 or 3. The return of the case is not
obstacle to a subsequent submission of a motion referred to in § 2.
Art. 336. Motion for discontinuation.
§ 1. If the conditions for the conditional discontinuation of the proceedings are fulfilled, the public prosecutor may, in place of
an indictment, prepare and file a motion with the court for such a discontinuation.
§ 2. To the above motion Article 332 § 1 point 1, 2, 4 and 5 apply accordingly. Statement of reasons may be limited to the
description of evidence proving that the guilt of the accused is beyond any doubt and of the circumstances in favour of the
conditional discontinuation.
§ 3. The public prosecutor may indicate a suggested probation period, duties, that should be imposed on the accused and,
according to the circumstances, suggestions concerning probation.
§ 4. A list of identified aggrieved parties with their addresses is attached to the motion for the information of the court. Article
§ 5. Provisions concerning indictment included in Chapter 40 apply accordingly to the motion for conditional discontinuation.
Division VIII. Proceedings before the court of first instance.
Chapter 40. Preliminary verification of indictment.
Art. 337. Control of formal requirements.
§ 1. If the indictment does not meet the formal requirements set out in Articles 119, Article 332, Article 333 and Article 335,
and also if the conditions set forth in Article 334 are not met, the president of the court returns the indictment to the
prosecutor with an order to correct the deficiencies within seven days.
§ 1a. (repealed)
§ 2. The prosecutor is entitled to file an interlocutory appeal against the order referred to in § 1 with the court, which has
jurisdiction over the case.
§ 3. The public prosecutor who fails to file an interlocutory appeal is obliged to submit a corrected or supplemented
indictment within the time limit indicated in § 1.
§ 4. (repealed)
Art. 337a. Information provided upon request of the aggrieved party.
§ 1. Upon his request, the aggrieved party shall be informed of the date and place of the trial or hearing referred to in Article
339 § 3 point 1 and 2, Article 341 or Article 343, as well as about the charges and their legal qualification.
§ 2. If the request referred to in § 1 was submitted by so many aggrieved parties that an individual notification to each of them
would seriously hinder the proceedings, the information is placed on the court’s Internet page. The information specifies the
case number, but omits personal data contained in the charges.
Art. 338. Further actions of the president of the court.
§ 1. If the indictment meets the formal requirements, the president of the court or the court referendary immediately orders
that a copy be served upon the accused summoning him to submit evidentiary motions within seven days of the service of the
indictment.
§ 1a. The accused is also instructed of the contents of Article 291 § 3, Article 338a, Article 341 § 1, Article 349 § 8, Article
374, Article 376, Article 377 and Article 422 and of the fact that the motion for the appointment of the defence counsel ex
officio should be submitted no later than within seven days of the service of the summons or notification of the date of trial or
hearing referred to in Article 341 or Article 343. The accused should also be advised of the fact that depending on the results
of the trial, he may be charged with the costs of appointment of the defence counsel ex officio.
§ 1b. If a motion referred to in Article 335 § 1 was submitted or if the indictment contains a motion referred to in Article 335
§ 2, a copy is served on the identified aggrieved party.
§ 2. The accused is entitled to submit a written response to the indictment within seven days of the service of the indictment.
He should be advised of this right.
§ 3. If there is a risk that information classified as “confidential”or “strictly confidential” might be disclosed, the accused is
served a copy of an indictment without the statement of reasons. A statement of reasons may be disclosed subject to
conditions defined by the president of the court.
§ 4. If the indictment, accompanied with the motion referred to in Article 333 § 4, meets the formal requirements, the
president of the court or the court referendary orders that a copies thereof be served on the entity concerned with the motion,
summoning it to submit evidentiary motions within seven days of the service of these documents.
Art. 338a. Motion for the issue of the judgment without the conduct of evidentiary proceedings. Before the service of
the notification of the date of the trial, the accused, charged with an offence carrying a penalty not exceeding fifteen years of
imprisonment, may submit a motion to be sentenced to a penalty, a penal measure, a forfeiture or a compensatory measure
without the conduct of evidentiary proceedings. The motion may also concern a specific ruling on the costs of the
proceedings.
Art. 339. Court hearing.
§ 1. The president of the court rules that the case be heard in a hearing if:
1) the public prosecutor has submitted a motion to impose preventive measures,
2) there is a need to consider a conditional discontinuation of proceedings,
3) a motion referred to in Article 335 § 2 is attachment to the indictment,
3a) the public prosecutor submitted a motion referred to in Article 335 § 1.
4) (repealed)
5) (repealed)
§ 2. (repealed)
§ 3. Moreover, the president of the court rules that the case be heard in a hearing if it is necessary to issue another decision
exceeding his authority, and in particular to:
1) discontinue the proceedings pursuant to Article 17 § 1 point 2-11,
2) discontinue the proceedings for obvious lack of factual basis for indictment,
3) issue the decision on the court’s lack of jurisdiction to hear the case or to alter the mode of proceedings specified in the
indictment,
3a) return the case to the public prosecutor in order to correct material deficiencies of preparatory proceedings,
4) (repealed)
5) issue the decision to suspend the proceedings,
6) issue an order for detention on remand or imposition of another coercive measure,
7) issue a penal order.
§ 3a. The president of the court may decide that the case be considered in a hearing, if the accused charged with an offence
carrying a penalty not exceeding fifteen years of imprisonment, before he was served with the notification of the date of trial,
submitted a motion referred to in Article 338a, and the president of the court finds that the consideration of the case in a
hearing is not contrary to the objectives of the proceedings.
§ 4. The president of the court also rules that the case be heard in a hearing if it is necessary to consider the possibility of
referring it to mediation. Article 23a applies accordingly.
§ 4a. If the indictment meets the formal requirements, the procedures referred to in § 1, 3 and 4 are carried out by the
president of the court within thirty days of the submission of the indictment.
§ 5. The parties, defence counsels and attorneys are entitled to participate in hearings mentioned in § 1 and § 3 point 1, 2 and
6. The participation of the public prosecutor and the defence counsel in a hearing concerning preventive measures defined in
Article 93a § 1 point 4 of the Criminal Code is mandatory. The aggrieved party may participate in the hearings referred to in §
3 point 1 and 2. When notified of the hearing, the aggrieved party shall be instructed of the possibility of concluding the
proceedings without holding a trial and about the possibility of making a declaration referred to in Article 54 § 1.
Art. 340. Discontinuation of proceedings.
§ 1. In matters concerning discontinuation of proceedings, Article 322 and Article 323 § 1 and 2 applies accordingly.
§ 2. If there are grounds defined in Article 45a, Article 99 § 1 or in Article 43 § 1 or § 2, Article 43a or Article 47 § 4 of the
Fiscal Criminal Code, the court, discontinuing the proceedings or considering the public prosecutor’s motion defined in
Article 323 § 3, orders forfeiture.
§ 2a. The decision imposing forfeiture is subject to interlocutory appeal.
§ 3. The person claiming to have a title to benefits or objects, whose forfeiture was ordered pursuant to Article 44-45a of the
Criminal Code or Article 43 § 1 and 2, Article 43a and Article 47 § 4 of the Fiscal Criminal Code, may pursue his claims only
in civil proceedings.
Art. 341. Conditional discontinuation of proceedings.
§ 1. The public prosecutor, the accused and the aggrieved party are entitled to participate in a court hearing concerning
conditional discontinuation of proceedings. Their participation is mandatory if the president of the court or the court so
orders.
§ 2. The case is considered in a hearing if the accused objects to conditional discontinuation or if the court finds the
conditional discontinuation groundless. The public prosecutor’s motion for conditional discontinuation supersedes the
indictment. The procedures defined in Article 333 § 1-2 is conducted by the public prosecutor within seven days.
§ 3. If the court finds it purposeful in view of a possible agreement between the aggrieved party and the accused as to the
manner of redressing the damage or compensation, the court may adjourn a hearing designating an appropriate term for the
parties. On a motion of the accused and the aggrieved person, justified by the need to reach a settlement, the court orders an
appropriate adjournment or defers the hearing.
§ 4. When ruling on a conditional discontinuation, the court takes into consideration the results of negotiations between the
accused and the aggrieved persons in the matter indicated in § 3.
§ 5. The court rules on the conditional discontinuation in a judgment passed in a hearing.
Art. 342. Judgment conditionally discontinuing the proceedings.
§ 1. A ruling conditionally discontinuing the proceedings should describe in detail the offence committed by the accused,
indicate the provision of criminal law applicable to this offence and specify the probation period.
§ 2. The court ruling also specifies the obligations imposed on the accused, the manner and time limit for their fulfilment or,
in place of the above obligations - exemplary damages payable by the accused and, if it is found purposeful, imposes
monetary performance, a prohibition from driving, the supervision of a probation officer, a trustworthy person or an
institution or community organisation.
§ 3. If necessary, the judgment should rule on material evidence. The court applies Article 230 § 2 and 3 and Articles 231-233
accordingly, bearing in mind the necessity to preserve evidence in the event that proceedings are re-opened.
§ 4. The persons indicated in Article 323 § 2 are entitled to file an interlocutory appeal against the ruling referred to in § 3.
§ 5. (repealed)
Art. 343. Consideration of a motion to sentence the accused without holding a trial.
§ 1. If Article 46 of the Criminal Code does not apply, the court may decide that the motion referred to in Article 335 will be
granted on condition that the accused redresses the damage made or compensates for the harm done. Article 341 § 3 applies
accordingly.
§ 2. The motion may be granted only if the aggrieved party, correctly notified of the date of the hearing, does not object.
§ 3. The court may decide that the motion will be granted on the condition that a specific amendment, accepted by the
prosecutor and by the accused, is incorporated.
§ 3a. The motion may be granted only if the aggrieved party, correctly notified of the date of the hearing, does not object.
§ 3b. The court may decide that the motion will be granted on the condition that a specific amendment, accepted by the
prosecutor and by the accused is incorporated.
§ 4. Evidentiary proceedings are not conducted.
§ 5. The public prosecutor, the accused and the aggrieved party are entitled to participate in the hearing. When notified of the
hearing, the aggrieved party should be instructed about the possibility of concluding the proceedings without holding a trial
and making a declaration referred to in Article 54 § 1. The participation in the hearing of the persons indicated in the first
sentence is mandatory if the president of the court or the court so orders.
§ 5a. Before granting a motion referred to in Article 335, the court instructs the accused of the content of Article 447 § 5.
§ 6. The court, upon granting the motion, sentences the accused by issuing a judgment.
§ 7. If in the court’s opinion there are no grounds to grant the motion referred to in Article 335 § 1, the case is returned to the
public prosecutor. If the motion referred to in Article 335 § 2 is dismissed, the case is considered on general principles and,
within seven days of the date of the hearing, the public prosecutor performs the actions specified in Article 333 § 1 and 2.
Art. 343a
§ 1. If the accused charged with a summary offence submitted a motion referred to in Article 338a, the parties and the
aggrieved party are notified of the date of the hearing and served with a copy of the motion.
§ 2. The court grants the motion, if the circumstances of the offence do not raise doubts and the attitude of the accused
indicates that objectives of the proceedings will be achieved. The motion may be granted only if the public prosecutor does
not object. Article 343 applies accordingly.
§ 3. If the motion is filed again, it is considered at a trial.
Art. 344. Preventive measures. If the accused is detained on remand, the court ex officio decides whether this measure
should be upheld, amended or revoked. If necessary, the court rules also with regard to other preventive measures.
Art. 344a. Referral of the case to the public prosecutor for the purpose of supplementing investigation or inquiry.
§ 1. The court refers the case to the public prosecutor in order to supplement investigation or inquiry, if the case file indicates
material flaws of the proceedings, especially missing evidence, and the performance of all necessary procedures by the court
would result in serious inconvenience.
§ 2. When referring the case to the public prosecutor, the court indicates the areas, in which investigation or inquiry should be
supplemented and, if necessary, the procedures that should be undertaken.
§ 3. The decision referred to in § 1 is subject to interlocutory appeal.
Art. 344b. Actions following the completion of investigation or inquiry. After having supplemented investigation or
inquiry, the public prosecutor files a new indictment or sustains the previous one, submits to the court a motion for
conditional discontinuation of proceedings or discontinues proceedings.
Art. 345. Supplementing preparatory proceedings. (uchylony)
Art. 346. Public prosecutor's decisions. (uchylony)
Art. 347. The court's position in further proceedings. In further proceedings, the court is not bound by the assessment of
facts or by the legal evaluation that constituted the basis for decisions and orders issued in a hearing.
Chapter 41. Preparation of the main trial.
Art. 348. Immediate order to conduct a trial. The trial should be ordered and conducted without undue delay.
§ 1. If the expected scope of evidentiary proceedings justifies the supposition that it will be necessary to set at least five dates
of the trial, the president of the court immediately appoints the judge or the members of the adjudicating panel and directs the
case to a hearing.
§ 2. The president of the court may perform actions referred to in § 1 also if, due to the complexity of the case or for other
important reasons, he thinks that this may render the proceedings more efficient and contribute to a correct planning and
organisation of the main trial.
§ 3. The hearing should be held within thirty days of the date, on which it has been set.
§ 4. The public prosecutor, defence counsels and attorneys are entitled to participate in the hearing. The president of the court
may decide that their participation in the hearing is obligatory. The president of the court may also notify other parties of the
hearing if he decides that this may render the proceedings more efficient.
§ 5. When setting the date of the hearing, the president of the court summons the public prosecutor, attorneys and defence
counsels to present in writing their position, within seven days of the service of the summons, as to the planning of the main
trial and its organisation, including evidence, whose examination should have priority during those trials.
§ 6. The position with respect to the planning and organisation of the main trial includes evidentiary motions, information and
statements concerning in particular proposed dates and subject matter of the trial, dates of justified absence of the participants
to the trial, as well as indicating the need for summoning an expert or court probation officer, verifying criminal record of the
accused, as well as other statements concerning circumstances important for the efficient course of further proceedings.
§ 7. In the hearing, the court rules on motions for evidence and the presiding judge, taking into consideration the positions
with respect to the planning and organisation of the main trial presented by the parties, attorneys and defence counsels rules
on the sequence, in which the evidence will be examined, on the course and organisation of the main trial, sets the dates of the
trial and rules on other important matters. Article 350 § 2-4 applies accordingly.
§ 8. Announcement of the order setting the dates of trial is equivalent to summoning those present to participate in the trial
and notifying them of the dates thereof.
Art. 350. Order to hold the main trial.
§ 1. In the cases, in which the date of the hearing referred to in Article 349 has not been set, the president of the court issues a
written order appointing the judge or the members of adjudicating panel.
§ 2. The presiding judge issues a written ruling to hold the main trial. The order specifies:
1) date, hour and court room,
2) parties and other persons to be summoned to the trial or notified thereof,
3) other procedures necessary for the preparation of the trial.
§ 4. The aggrieved party shall be notified of the time and place of the main trial.
Art. 351. Designation of the panel.
§ 1. The judge, or judges, who will hear the case, are designated in accordance with the sequence in which the case was filed
with the court and must come from the list of judges of a given court or its division, known to the parties. A failure to proceed
in accordance with this order is permissible only in the event of a judge's illness or for other important reason, indicated in the
trial order.
§ 2. If the indictment relates to an offence punishable by a penalty of 25 years of imprisonment or life imprisonment, the
adjudicating panel, on the request of the public prosecutor or defence counsel, is chosen by drawing lots, at which they may
be present. The public prosecutor may submit the above motion not later than within seven days of filing the indictment, and
the defence counsel within seven days of the service of the indictment.
§ 3. The Minister of Justice shall define, by way of a regulation, detailed principles for the selection of the panel by
designation or by drawing lots, bearing in mind the necessity for securing the equal probability of being a member of an
adjudicating panel to all judges of a given court or division.
Art. 352. Admission of evidence. Evidence is admitted by the presiding judge on request of the parties or by the court ex
officio. Presiding judge orders them being brought to the trial. Article 368 applies accordingly.
Art. 353. Breach of time limit.
§ 1. At least seven days should elapse between the service of summons and the date of the main trial.
§ 2. If the above time limit is not observed with respect to the accused or his defence counsel, the trial is deferred on their
motion submitted before the commencement of judicial process.
§ 3. While being served with the notification of the date of the trial, the accused deprived of liberty, whose presence at the
trial is not obligatory, should be instructed of the right to file, within seven days of the service of such notification, a motion
to be brought to the trial.
§ 4. While being served with the summons to the trial or with the notification of its date, the accused is instructed of the
contents of Article 374, Article 376, Article 377, Article 422 and Article 447 § 5.
§ 4a. When being served with the summons to the trial, a party is instructed of the contents of Article 402 § 1 third sentence.
§ 5. The motion referred to in § 3, as well as the request for the appointment of defence counsel ex officio, should be filed
within seven days of the service of summons or notification. The motions filed after the expiry of this term shall be
considered only if this does not cause the adjournment of the trial or a hearing referred to in Article 341 or 343.
Art. 354. Preventive measures. In case of the public prosecutor’s motion for discontinuation of the proceedings due to the
insanity of the accused and for the application of preventive measures, the provisions of this Chapter apply accordingly
subject to the following amendments:
1) the provisions concerning subsidiary prosecutor do not apply,
2) the motion is considered at a trial, unless in view of the materials of preparatory proceedings the perpetration of the
offence by the accused and his insanity at the moment of committing the offence do not give rise to any doubts and the
president of the court deems is purposeful to consider the motion in a hearing with the participation of a public prosecutor,
defence counsel and the accused. The accused does not participate in the hearing, if an expert’s opinion indicates that it would
be inadvisable, unless the court finds this participation necessary. The aggrieved party has a right to participate in the hearing,
3) in case of discontinuation of proceedings, Article 322 § 2 and 3 applies accordingly.
Art. 354a. Opinion of expert psychologist or psychiatrist.
§ 1. Before applying a preventive measure referred to in Article 93a § 1 of the Criminal Code, or an order or prohibitions
referred to in Article 39 point 2-3 of the Criminal Code imposed as a preventive measure, the court hears out:
1) an expert psychologist,
2) if the accused is insane, his sanity is limited, if the accused suffers from personality disorders or if the court finds it
appropriate - also expert psychiatrists,
3) if the accused suffers from sexual preference disorders - experts indicated in points 1 and 2 above and an expert sexologist
or an expert sexual psychologist.
In case of persons suffering from addictions, the court may also hear an expert on addiction.
§ 2. If an offender, with respect to whom it is justifiable to apply a therapy or an addiction treatment consents to such a
therapy or addiction treatment, the provision of § 1 does not apply. However, the court may hear the opinion of one or more
experts mentioned in this provision, if the court finds it appropriate.
Chapter 42. Openness of the main trial.
Art. 355. Principle of openness. The trial is held in open court. Any limitations to openness are set forth by the law.
Art. 356. The public.
§ 1. In addition to the participants to the proceedings, the trial may be attended only by unarmed persons that have reached
legal maturity.
§ 2. The presiding judge is entitled to permit the presence at the trial of persons that are minors or legally obliged to carry
weapons.
§ 3. The trial may not be attended by persons in a condition offensive to the dignity and authority of the court.
Art. 357. Mass-media.
§ 1. The court permits representatives of mass media to register the trial by means of sound and video recording equipment.
§ 2. The court may define conditions that must be fulfilled for the participation of mass media representatives in the trial.
§ 3. If due to technical and organisational reasons the presence of mass media representatives hinders the conduct of the trial,
the court limits the number of mass media representatives in the court room and selects those authorised to register the trial by
means of sound and video recording equipment by applying the “first come, first served” allocation methodor by drawing
lots.
§ 4. The court orders mass media representatives, who disturb the conduct of the trial, to leave the court room.
§ 5. In exceptional circumstances, where it is justified to expect that the presence of mass media representatives might hinder
a witness, the presiding judge may order that mass media representatives leave the courtroom for the time necessary for this
witness to provide testimony.
Art. 358. Rights of parties. If this will not be detrimental to the proper conduct of the proceedings, the court, on a motion of
a party, permits the party to record the trial by means of sound recording equipment.
Art. 359. Closed trial. A trial is closed to public when it concerns:
1) a motion from the public prosecutor to discontinue proceedings due to the insanity of the accused and to impose a
preventive measure,
2) a case of slander or defamation; however, on a motion of the aggrieved party the trial is held openly.
Art. 360. Exclusion of the public.
§ 1. The court may exclude the public from the whole or part of the trial:
1) where openness might:

a) give rise to a public disturbance;
b) offend common decency;
c) disclose circumstances that, in important interest of the State, should remain confidential;
d) violate an important private interest,
2) if at least one of the accused is a minor or for the duration of the examination of a witness who is below 15 years of age,
3) on a motion of the person who filed a motion to prosecute.
§ 2. If the public prosecutor opposes to the exclusion of the public from the trial, the trial is held in open court.
§ 3. The court may also exclude the public from the whole or part of the trial where at least one of the accused is a minor or
for the duration of the examination of a witness who is below 15 years of age.
Art. 361. Designated persons.
§ 1. If the trial is closed to the public, in addition to the participants, the public prosecutor, subsidiary prosecutor, private
prosecutor and the accused may each designate two persons that may attend. If there are several accusers or accused, each of
them may designate one person to be allowed to attend the trial.
§ 2. Provision of § 1 does not apply if there is a risk of disclosure of information classified as “confidential” or “strictly
confidential”.
§ 3. If the trial is closed to the public, the presiding judge may permit certain individuals to be present at the trial.
Art. 362. Duty of confidentiality. The presiding judge instructs those present of their duty of confidentiality with regard to
information disclosed at a trial closed to the public, as well as of the consequences of breaching this duty.
Art. 363. Request to exclude the openness. From the moment of submitting a request to exclude the openness of the trial,
the trial is closed to the public in the part concerned with the request, if so moved by a party or if the court finds it necessary.
Art. 364. Announcement of the judgment.
§ 1. A judgment is announced in open court.
§ 2. If the public was excluded from the whole or part of the trial, the reasons for the judgment may also be, in whole or in
part, announced in a closed hearing.
Chapter 43. Provisions concerning the main trial.
Art. 365. Oral conduct of the trial. The trial is conducted orally.
Art. 366. The role of the presiding judge.
§ 1. The presiding judge presides over the trial and ensures its proper course, bearing in mind that all significant
circumstances of the case be clarified.
§ 2. The presiding judge should make all efforts to resolve the case during the first main hearing.
Art. 367. Right of expression.
§ 1. The presiding judge enables the parties to express themselves with regard to every issue to be resolved.
§ 2. If one party expresses himself on a given matter, this right is extended to all the remaining parties. The defence counsel of
the accused and the accused himself are entitled to speak last.
Art. 368. Evidentiary motions. Evidentiary motions submitted by one party and not contested by any other are allowed, by
way of a final decision, by the presiding judge. In other cases, the decision is issued by the court.
Art. 369. Order of evidence. Evidence supporting the charges should, if possible, be introduced before evidence supporting
the defence.
Art. 370. Manner of examining.
§ 1. After an examined individual, summoned by the presiding judge, has expressed himself freely, pursuant to Article 171 §
1 the following persons may ask questions in the following order:the public prosecutor, the subsidiary prosecutor, the
subsidiary prosecutor’s attorney, the private prosecutor, the private prosecutor’s attorney, the expert, the defence counsel, the
accused and the members of the adjudicating panel.
§ 2. The party, on whose motion a witness was admitted, asks questions to this witness before the remaining parties.
§ 2a. If needed, the members of the adjudicating panel may ask additional questions at any time.
§ 3. If a witness was admitted ex officio, the members of the adjudicating panel are the first to ask questions to this witness.
§ 4. The presiding judge disallows questions referred to in Article 171 § 6, or those that he finds irrelevant for other reasons.
Art. 371. Measures to prevent communication.
§ 1. The examination of a witness is not attended by witnesses that have not yet been examined.
§ 2. The presiding judge undertakes all necessary measures to prevent communication between persons who have already
been examined and those not yet examined.
Art. 372. Maintenance of order and calm. The presiding judge issues all rulings necessary to maintain order and calm in the
courtroom.
Art. 373. Appeal. Rulings of the presiding judge issued at the main trial are subject to appeal to the adjudicating panel, unless
the panel consists of a single judge.
Art. 374. Presence of the accused.
§ 1. The accused has the right to participate in the main trial. The presiding judge or the court may decide that the presence of
the accused at the main trial is mandatory.
§ 1a. In the cases concerning summary offences, the presence of the accused is mandatory during the procedures referred to in
Article 385 and 386.
§ 2. The presiding judge may issue an order to prevent the accused from leaving the court before the conclusion of the
hearing.
Art. 375. Removal of the accused.
§ 1. If the accused, despite being warned by the presiding judge, persists in disturbing the order of the hearing or offending
the authority of the court, the presiding judge may have him temporarily removed from the courtroom.
§ 2. Allowing the accused to return, the presiding judge immediately informs him of the progress of the hearing and allows
him to provide explanations with regard to evidence introduced in his absence.
Art. 376. Absence of the accused.
§ 1. If the accused, whose presence at the trial is mandatory, has already provided explanations and left the courtroom without
the presiding judge’s permission, the hearing may proceed despite his absence. The court may order that the accused be
arrested and brought to trial by force, if his presence is found indispensable. The decision on the arrest and bringing the
accused to trial by force is subject to interlocutory appeal to another equivalent panel of the same court.
§ 2. The provision of § 1 applies accordingly, if the accused who has already provided explanations, having been notified of
the date of a deferred or adjourned trial, fails to appear at that trial without justification.
§ 3. If a co-accused, who has justified his absence, fails to appear at a deferred or adjourned hearing, the court may conduct
the hearing to the extent not directly concerning the absentee accused, if this does not limit his right to defend himself.
Art. 377. Incapability of the accused to participate in the trial, failure to appear.
§ 1. If the accused, by his own fault, renders himself incapable of participating in a trial or hearing in which his participation
is mandatory, the court may decide that the proceedings be conducted in his absence, even if he has not yet provided
explanations.
§ 2. Before the decision mentioned in § 1 is issued, the court considers a medical certificate from the physician who
diagnosed such an incapacity and examines him in the capacity of an expert. The condition of incapacity to participate in the
trial may also be diagnosed by a test not connected with a violation of bodily integrity, made with the use of an appropriate
device.
§ 3. If the accused, whose presence at the trial is mandatory, notified of the date of the trial, declares that he will not
participate in the trial, makes it impossible to bring him to the trial or notified personally of the trial fails to appear without
justification, the court may conduct the proceedings without his participation. The court may, however, decide the accused be
arrested and brought to trial by force. The decision on the arrest and bringing the accused to trial by force is subject to
interlocutory appeal to another equivalent panel of the same court.
§ 4. If the accused has not yet given explanations before the court, Article 396 § 2 may apply or the reading of his previous
explanations may be found sufficient. The accused may be interrogated by using the means referred to in Article 177 § 1a.
Art. 378. New defence counsel ex officio.
§ 1. In a case in which the accused must be assisted by the defence counsel and selects his counsel, should either the defence
counsel or the accused terminate the agreement for defence, the court, the president of the court or the court referendary
appoints a defence counsel ex officio, unless the accused selects a new defence counsel of his own choice. If necessary, the
trial is adjourned or deferred.
§ 2. In a case in which the accused is assisted by a court-appointed defence counsel, the court, on a justified motion of the
defence counsel or the accused, releases the defence counsel of his duties and appoints another defence counsel for the
accused.
§ 3. In cases referred to in § 1 and 2, the court simultaneously decides whether the defence counsel, who hitherto assisted the
accused may, without prejudice to the right to defence of the accused, fulfil his duties until the defence is undertaken by the
new defence counsel.
Art. 379. Dignity of the court.
§ 1. When the court enters or leaves the court room, all those present stand.
§ 2. Any person addressed by the court or addressing to the court stand, unless released from this obligation by the court.
Art. 380. Relevant application. The provisions concerning the accused apply accordingly to an individual charged by the
public prosecutor of having committed a prohibited act in a state of insanity, if the public prosecutor moves that proceedings
be discontinued and that preventive measures be imposed on this individual.
Chapter 44. Opening of the main trial.
Art. 381. Preliminary activities. The main trial begins with the case being called. Subsequently, the presiding judge verifies
if all those summoned have appeared and if there are no impediments to the hearing of the case.
§ 1. The main trial begins with the case being called. Subsequently, the presiding judge verifies if all those summoned have
appeared and if there are no impediments to the hearing of the case.
§ 2. Before the commencement of the judicial examination, the parties, defence counsels and attorneys may request that the
public prosecutor be obliged to supplement the materials of preparatory proceedings attached to the indictment with
determined documents contained in the files of these proceedings. If possible, the court rules on this request before the
commencement of the judicial examination.
Art. 382. The accused’s failure to appear. If the event that the accused fails to appear without good cause when his
presence is mandatory, the presiding judge orders that he should immediately be brought to the trial, and adjourns or defers
the trial. Article 376 § 1, third sentence, applies accordingly.
Art. 384. Leaving court room, rights of the aggrieved party.
§ 1. After having verified attendance, the presiding judge orders that witnesses leave the court room. Experts remain, unless
the presiding judge orders otherwise.
§ 2. The aggrieved party is entitled to participate in the trial if he appears and remains in the courtroom, even if he will testify
as a witness. In this event, the court examines him first.
§ 3. If the court finds it purposeful, the aggrieved party may be obliged to be present at the whole or part of the trial.
§ 4. (repealed)
Chapter 45. Judicial process.
Art. 385. Reading of the indictment.
§ 1. Judicial process begins with a concise presentation of charges by the public prosecutor.
§ 1a. If the public prosecutor does not participate in the trial, the presiding judge presents the charges in a concise manner.
§ 2. If a response to the indictment was submitted, the presiding judge informs those present of its contents.
Art. 386. Examination of the accused.
§ 1. If the accused participates in the trial, after the charges have been presented, the presiding judge instructs the accused of
his right to give explanations, to refuse to give explanations or answer questions, to file motions concerning evidence, about
the consequences of not using that right and about the content of Article 100 § 3 and 4, Article 376, 377, 419 § 1 and Article
422. Subsequently, the court asks whether the accused pleads guilty to the offence and whether he wishes to provide
explanations and, if so, what explanations.
§ 2. After having examined the accused, the presiding judge instructs him of his right to question examined persons and
provide explanations with regard to each piece of evidence introduced at the trial.
§ 3. The provisions of § 1 and 2 apply accordingly to the accused, who appears for the first time at the subsequent main trial.
Art. 387. Voluntary submission to criminal responsibility.
§ 1. Until the closing of the first examination of all accused at the main trial, the accused charged with an offence carrying a
penalty not exceeding fifteen years of deprivation of liberty may submit a motion to be sentenced to a penalty, a penal
measure or a compensatory measure without the conduct of evidentiary proceedings. The motion may also concern the issue
of a determined ruling on costs of the proceedings. If the accused does not have a defence counsel of his own choice, the court
may appoint a defence counsel for him.
§ 1a. Before granting the motion of the accused to be sentenced, the court instructs him about the content of Article 447 § 5.
§ 2. The court may grant the motion of the accused to be sentenced when the circumstances of the offence and the guilt of the
accused do not raise doubts and the objectives of the trial will be achieved despite the fact that the trial is not conducted in its
entirety. Such a motion may be granted only if the public prosecutor and the aggrieved party duly notified of the date of the
trial and of the possibility that the accused might submit this motion do not object.
§ 3. The court may declare that the motion of the accused will be granted provided that an amendment specified by the court
is incorporated. Article 341 § 1 applies accordingly.
§ 4. (repealed)
§ 5. When granting the motion, the court may consider the evidence mentioned in the indictment and documents submitted by
a party as disclosed.
Art. 388. Limitation of evidentiary proceedings. Upon the consent of the attending parties, the court may conduct
evidentiary proceedings only in part, if the explanations of the accused pleading guilty do not raise doubts.
Art. 389. Reading of transcripts and explanations.
§ 1. If the accused has failed to appear at the trial, refuses to provide explanations, or his explanations differ significantly from
those given previously or states that he cannot remember certain particulars, transcripts of his explanations provided in the
capacity of the accused in preparatory proceedings or before the court in this or another case, or in any other proceedings
provided for by the law, may be read out only to the relevant extent.
§ 2. After having read out the transcript, the presiding judge calls on the accused to express himself as to its contents and to
clarify the contradictions.
§ 3. It is permissible to read out at the trial the explanations of the co-accused, who is deceased.
Art. 390. Temporary removal of the accused.
§ 1. The accused has the right to attend all evidentiary procedures.
§ 2. In exceptional circumstances, when there is a reason to fear that the presence of the accused might inhibit the
explanations of a co-accused or the testimonies of a witness or an expert, the presiding judge may order that the accused
should leave the courtroom for the duration of a given person’s examination. Article 375 § 2 applies accordingly.
§ 3. In the circumstances indicated in § 2 the presiding judge may also carry out the examination with the use of technical
devices allowing this procedure to take place remotely, with a simultaneous transmission of sound and vision. At the place
where explanations or testimonies are provided, the procedure is attended by a court referendary, assistant of a judge or a
court clerk.
Art. 391. Reading of transcripts of testimonies.
§ 1. If a witness refuses to testify without good reason, testifies differently than in earlier statements or declares that he cannot
recall certain facts, if he is staying aboard, it was not possible to serve a summons upon him or he failed to appear due to
insurmountable obstacles, the presiding judge has decided not to summon him pursuant to Article 333 § 2 or if the witness is
deceased, transcripts of the relevant part of his testimonies, given in preparatory proceedings or before the court in this or
another case, or in any other proceedings provided for by the law, may be read.
§ 1a. (repealed)
§ 1b. (repealed)
§ 1c. (repealed)
§ 1d. (repealed)
§ 2. In circumstances mentioned in § 1, and also in the case referred to in Article 182 § 3, transcripts of the testimonies
provided previously by a witness in the capacity of the accused, may be read out at the trial.
Art. 392. Reading of transcripts of examinations.
§ 1. It is permissible to read out at the main trail transcripts of examinations of witnesses and the accused, recorded in
preparatory or in court proceedings, or in any other proceedings provided for by the law, if the direct examination of the
evidence is not indispensable, and none of the attending parties objects to it.
§ 2. The objection of a party not concerned with the testimony or explanations is not an obstacle to the reading of the
testimony or the explanations.
Art. 393. Reading of other transcripts.
§ 1. Transcripts of inspections, searches and seizures of objects, opinions of experts, institutes, establishments and
institutions, criminal records, results of community interview, and all official documents submitted in preparatory
proceedings, in court proceedings or in any other proceedings provided for by the law, may be read out at the trial. However,
the reading of notes of those procedures where a transcript is mandatory is prohibited.
§ 2. The notification of the offence may also be read, unless it was attached to the transcript referred to in Article 304a.
§ 3. All private documents prepared outside of the criminal proceedings and not for its purposes, including statements,
publications, letters and notes, may be read out at the trial.
§ 4. Transcripts from the examination of a witness questioned under the conditions mentioned in Article 184 may be read out
at the trial. The trial is then closed to the public. Article 361 § 1 does not apply.
Art. 393a. Playing recordings. In the conditions defined in Article 389 § 1 and 3, Article 391 § 1 and 2, Article 392 and 393
the recordings referred to in Article 145 § 1 and Article 147 § 1-2b may be played.
Art. 394. Data concerning the accused, disclosure without reading.
§ 1. Data concerning the accused and results of community inquiry are considered disclosed without the necessity of reading
them out. However, they are read out at the request of the accused or his defence counsel.
§ 1a. (repealed)
§ 2. Transcripts and documents subject to reading out at the trial may be considered disclosed in their entirety or in part,
although they have not been read out. However, they are read out if so demands a party, who had not possibility of becoming
familiar with its contents. Article 392 § 2 applies accordingly.
Art. 395. Exhibits. Those exhibits, whose characteristics allow it are brought to the courtroom and displayed to the parties
and, if necessary, also to witnesses and experts.
Art. 396. Out-of-trial procedures.
§ 1. If the viewing of an exhibit or carrying out of an inspection by the full panel of the court causes serious difficulties or if
the parties consent, the court selects a judge from its panel or request another court to conduct these procedures.
§ 2. The court may order that a witness be examined by a judge designated from the adjudicating panel or by the court, in
whose judicial circuit the witness is staying, if the witness’s failure to appear in court is caused by insurmountable obstacles.
§ 3. The parties, defence counsels and attorneys may participate in the procedures referred to in § 1 and 2. The accused
deprived of liberty is brought only if the court deems is necessary.
§ 4. The designated judge appointed court may also take other evidence, if such a need occurs in course of the procedure
mentioned in § 1 or 2.
Art. 396a. Time limit for the gathering of evidence.
§ 1. If, during the course of the trial, material shortcomings of preparatory proceedings are revealed, the removal of which by
the court would render it impossible to issue a judgment within a reasonable period and which cannot be removed pursuant to
Article 396, the court may interrupt or adjourn the trial, setting a time limit, within which the public prosecutor should
produce such evidence, which would allow the above shortcomings to be removed.
§ 2. In an effort to gather the evidence referred to in § 1, the public prosecutor may personally perform all necessary
evidentiary procedures, and the public prosecutor may order their performance to the Police.
§ 3. If it is impossible to observe the prescribed time limit, the public prosecutor may request the court to extend it.
§ 4. If, within the prescribed time limit, the public prosecutor fails to produce appropriate evidence, the court resolves all
doubts resulting from the lack of such evidence in favour of the accused.
Art. 397. Demanding additional evidence. (uchylony)
Art. 398. Extension of charges.
§ 1. If on the basis of circumstances the prosecutor charged the accused with another offence in addition to that specified in
the indictment, the court may, with the consent of the accused, consider the new charge at the same trial, unless it is necessary
to conduct preparatory proceedings with regard to the new offence.
§ 2. If the trial was deferred, the prosecutor submits a new or an additional indictment.
Art. 399. Change of legal classification.
§ 1. If in course of the trial it transpires that, without exceeding the limits of the indictment, the criminal act should be
classified under a different provision of law, the court notifies the parties attending the trial thereof.
§ 2. On a motion of the accused, the trial may be adjourned in order to enable him to prepare the defence.
Art. 400. Minor offence.
§ 1. If, after the beginning of the judicial process, it transpires that the act committed by the accused constitutes a minor
offence, the court, without referring the case to a competent court, considers it in the same panel, applying to further
proceedings the provisions of the Code of Proceedings in Minor Offences.
§ 2. The provision of § 1 applies also to the cases concerning minor offences committed by soldiers in active military service,
except for members of territorial military units performing service in dispositional manner.
Art. 401. Adjournment.
§ 1. The presiding judge may adjourn the trial to allow the parties to prepare motions concerning evidence, to introduce new
evidence, to take a rest or for another important reason.
§ 2. Each adjournment of the trial may not exceed 35 days.
Art. 402. Continuation after adjournment.
§ 1. If the presiding judge, upon ordering an adjournment, fixes the date and place when the trial will be continued, those
present at the adjourned trial, whose presence was mandatory, are obliged to appear at the continued trial without summons.
Article 285 applies accordingly. The persons entitled to attend do not have to be notified of the new date, even if they did not
participate in the adjourned trial.
§ 1a. The accused, whose presence is obligatory, is not summoned in the circumstances referred to in Article 376 or Article
377, if the adjournment period renders impossible his summons or appearance after the adjournment.
§ 2. After the adjournment period, the adjourned trial is continued. It is conducted from the beginning if the adjudicating
panel has changed or if the court finds it necessary.
§ 3. If the adjournment period is overrun, the trial is considered deferred.
Art. 403. Ruling during adjournment. During the adjournment of the trial, rulings are issued by the panel hearing the case
and, if it is not possible to compose such a panel - by an equivalent one.
Art. 404. Deferral of trial.
§ 1. The court may defer the trial only when ordering an adjournment would not be sufficient.
§ 2. A deferred trial is conducted from the beginning at a newly set date. The court may, as an exception, continue the
deferred trial, unless the adjudicating panel was changed.
§ 3. If suspended proceedings are resumed, § 2 applies accordingly.
Art. 405. Closing the judicial process. Having conducted evidentiary proceedings admitted in the case, the presiding judge
asks the parties whether they petition for evidentiary proceedings to be supplemented and, in case of a negative answer, closes
the judicial process.
Chapter 46. Closing arguments.
Art. 406. Order of closing arguments.
§ 1. After the closing of the judicial process, the presiding judge allows the parties, their representatives and also a social
representative to make their closing arguments. The order of making closing arguments is as follows: the public prosecutor,
the subsidiary prosecutor, the private prosecutor, the social representative, the defence counsel and the accused.
Representatives of the parties in the proceedings speak before the parties.
§ 2. If the prosecutor is allowed to make a second statement, the defence counsel and the accused are also granted that right.
Chapter 47. Issue of a judgment.
Art. 408. Deliberation. Having listened to the closing arguments, the court begins the deliberation without delay.
Art. 409. Reopening of judicial process. Until the judgment is issued, the court may reopen the judicial process, especially
in the case referred to in Article 399, or grant a right to make additional statements to the participants to the proceedings
referred to in Article 406 § 1.
Art. 410. Basis of the judgment. The judgment must be based only on all circumstances revealed in course of the main trial.
Art. 411. Adjournment of issue of the judgment.
§ 1. In a complex case or for other important reasons, the court may adjourn the issue of the judgment for the period up to
fourteen days.
§ 2. If the above deadline is exceeded, the trial is conducted from the beginning.
§ 3. In the decision on adjourning the issue of the judgment, the time and place of its announcement should be indicated.
Art. 412. Drawing up the judgment. Immediately after the voting, the court draws up a judgment in writing.
Art. 413. Contents of the judgment.
§ 1. A judgment should contain:
1) details of the court by which it was issued, as well as the names of judges, lay judges, prosecutors and a recording clerk,
2) the date and place, where the case was heard and the judgment was issued,
3) the name, surname and other personal details of the accused,
4) the description of the offence with which the accused was charged by the prosecutor and its legal qualification,
5) the judicial decision,
6) an indication of the provisions of criminal law that were applied by the court.
§ 2. A judgment of conviction should also contain:
1) a detailed description of the charge and its legal qualification,
2) a ruling on the penalty, penal measures, compensatory measures or forfeiture and, if necessary, information whether they
were credited against the periods specified in Article 63 of the Criminal Code.
Art. 414. Judgment discontinuing and conditionally discontinuing the proceedings.
§ 1. If, after the commencement of a judicial process, a circumstance precluding prosecution or information in favour of
conditional discontinuation of proceedings is found, the court issues a judgment to discontinue or conditionally discontinue
the proceedings. However, if the circumstances specified in Article 17 § 1 point 1 and 2 are found, the court acquits the
accused, unless, at the moment of committing the prohibited act, the accused was insane.
§ 2. When discontinuing proceedings, the court applies Article 322 § 2 and 3, Article 323 § 1 and 2 and Article 340 § 2 and 3
accordingly.
§ 3. The court adopts the preventive measure specified in Article 93a § 2 of the Criminal Code and Article 22 § 3 point 5 and
6 of the Fiscal Criminal Code or orders the forfeiture referred to in Article 45a of the Criminal Code, if this is justified by the
outcome of the judicial process and the proceedings are discontinued due to the insanity of the offender at the moment of
perpetrating the act.
§ 4. When the proceedings are conditionally discontinued, the court applies Article 341 accordingly.
§ 5. When the possibility of a conditional discontinuation of proceedings, or the conditional suspension of a penalty is
expected, the court may re-open judicial process for the purpose of applying Article 341 § 3. In such circumstances, the court
may adjourn.
Art. 415
Civil claim and compensation ex officio
§ 1. If the accused is found guilty or the proceedings were conditionally discontinued, in cases indicated by law, the court
awards exemplary damages to the aggrieved party or imposes on the accused an obligation to redress damage in part or in
whole or compensate for harm done. Exemplary damages are not awarded and the obligation to redress damage or
compensate for harm is not imposed, if claims arising from the offence are subject of other proceedings or the court has
already ruled on these claims in a final judgment.
§ 2. If the obligation to redress damage or harm, or exemplary damages awarded to the aggrieved party do not fully
compensate the damage or the harm suffered by him, the aggrieved party may pursue further claims in civil proceedings.
§ 1. If the accused is found guilty, a civil claim is allowed or dismissed, entirely or in part.
§ 2. In other circumstances, the court leaves the civil claim unexamined.
§ 3. The court also decides to leave the civil claim unexamined, if evidence disclosed in course of the trial is insufficient to
resolve the civil claim, and completion of this evidence would result in a significant delay of the proceedings.
§ 4. If the accused is found guilty, the court may ex officio award compensation to the aggrieved party, unless the law
provides otherwise. Compensation is not awarded ex officio in the circumstances mentioned in Article 65 § 1 point 2, 4 or 5.
§ 5. If the accused is found guilty or the proceedings were conditionally discontinued, in cases indicated by law, the court
awards exemplary damages to the aggrieved party or imposes an obligation to redress damage caused or compensate for harm
done on the accused. Exemplary damages are not awarded and the obligation to redress damage or compensate for harm is not
imposed, if claims arising from the offence are subject of other proceedings or the court has already ruled on these claims in a
final judgment.
§ 6. If damages or the obligation to redress damage or harm do not fully compensate the damage or the harm suffered by the
aggrieved party, the aggrieved party may pursue further claims in civil proceedings.
§ 7. If the court adjudicates that the damage or harm suffered by the aggrieved party should be redressed and compensated, or
that the aggrieved party should be paid exemplary damages, § 1 and 4 do not apply.
Art. 415a. Public prosecutor’s motion.
§ 1. If the accused is convicted or the proceedings are conditionally discontinued, the court grants the public prosecutor’s
motion referred to in Article 91a. The motion is dismissed if the claim for return of a material benefit or forfeiture is a subject
of other proceedings or the court has already ruled on this claims in a final judgment.
§ 2. Ruling on the motion does not exclude the possibility of pursuing further claims in civil proceedings in the extent, in
which these claims were not considered in the ruling.
Art. 416. Obligation of the entity that acquired material benefit.
§ 1. If the accused is convicted, the court, on a motion from the public prosecutor, obliges in the judgment the entity that
acquired material benefits, in the circumstances defined in Article 52 of the Criminal Code, to return such a benefit to the
State Treasury in whole or in part. If the accused is acquitted, sentenced for an offence which did not bring any such benefits
or, if the proceedings are discontinued, the court leaves the public prosecutor's motion unheard.
§ 2. The court examines as a witness the entity concerned with the motion referred to in Article 333 § 4 immediately after the
examination of the accused.
§ 3. The person referred to in § 2 may refuse to give evidence.
§ 4. Articles 72 and Article 75 applies accordingly.
Art. 417. Crediting detention on remand towards the penalty. The period of detention on remand served by the accused in
another case is deducted from the penalty imposed, if the proceedings are conducted simultaneously, and the case concludes
with an acquittal, conditional discontinuation or an absolute discharge.
Art. 418. Announcement of the judgment.
§ 1. Having signed the judgment, the presiding judge announces it publically. While the judgment is being announced, all
those present, except the court, stands.
§ 1a. When announcing the judgment, the court may omit the charges.
§ 2. If a dissenting opinion is expressed, this fact is made public, together with the judge’s name, if he consents.
§ 3. After the announcement, the presiding judge or one of the members of the adjudicating panel explains orally the most
important reasons for the judgment.
Art. 418a. Availability of the judgment issued out of trial. If the judgment is issued in a closed hearing, its content is made
available to the public by posting a copy in the court secretary’s office for seven days and entering this fact into the transcript
or into the official note of a hearing.
Art. 419. The parties' failure to appear.
§ 1. The failure of the parties, their defence counsels or attorneys to appear does not prevent the judgment from being
announced.
§ 2. (repealed)
Art. 420. Supplementing the judgment with the decision.
§ 1. If the judgment does not include a ruling with respect to forfeiture, the deduction of time served on remand or under
arrest from the penalty, preventive measures listed in Article 276 or material evidence, the court rules on these matters in a
hearing.
§ 2. If the court incorrectly deducts detention on remand from the penalty imposed, § 1 applies accordingly.
§ 3. The parties are entitled to participate in the said hearing. The accused in detention is brought to the hearing only if the
president of the court or the court deems it necessary.
§ 4. The decisions referred to in § 1 and § 2 are subject to interlocutory appeal.
Art. 421. Application of civil procedure. A person other than the accused, who has filed a claim with regard to property
subject to confiscation, may pursue such a claim only in civil proceedings.
Art. 422. Motion for statement of reasons.
§ 1. Within a final time limit of seven days from the pronouncement of the judgment, a party and, in case of a judgment to
discontinue to the proceedings issued in a hearing also an aggrieved party, is entitled to submit a motion that a statement of
reasons be made in writing and served upon him. If the statement of reasons is made ex officio, the party and the aggrieved
party is not released from the obligation of submitting such a motion. The motion is submitted in writing.
§ 1a. The motion referred to in § 1 may also be submitted by the obliged party indicated in Article 91a. The provision of § 1
applies accordingly.
§ 2. The motion should indicate whether it concerns the entire judgment or only some of the offences, with which the accused
is charged, or the ruling on the penalty and other legal consequences of the offence. If the motion is not submitted by the
accused, it should indicate, which of the accused it concerns.
§ 2a. With regard to the accused in detention, who is not assisted by a defence counsel and is not present at the
pronouncement of the judgment despite a motion to be brought to the trial, at which the judgment was to be pronounced, the
time limit referred to in § 1 runs from the date on which the judgment was served.
§ 3. The president of the court refuses to accept a motion submitted by an unauthorised person, after the expiry of the above
time limit or in the circumstances referred to in Article 120 § 2. The order of the president of the court is subject to
interlocutory appeal.
§ 4. The order referred to in § 3 may also be issued by a court referendary
Art. 423. Drawing up and service of statement of reasons.
§ 1. The statement of reasons should be made within 14 days of the submission of the motion and, if the statement of reasons
was made ex officio, of the pronouncement of the judgment. In a complex matter, when the statement of reasons cannot be
made within the prescribed term, the president of the court may extend the time limit for a defined period of time.
§ 1a. If the motion for the statement of reasons concerns only some of the offences, with which the accused is charged, or
only the ruling on the penalty and other legal consequences of the offence, or only some of the accused, the court may limit
the scope of the statement of reasons to those parts of the judgment, to which the motion pertains.
§ 2. The judgment, together with the statement of reasons, is served upon the person, who submitted the motion pursuant to
Article 422. Article 100 § 7 applies.
Art. 424. Contents of statement of reasons.
§ 1. Statement of reasons should contain:
1) a concise indication which facts the court deemed proven and which not, on what evidence the court based its reasoning
and why the court did not acknowledge evidence to the contrary,
2) a brief explanation of legal grounds of the judgment.
§ 2. In the statement of reasons the court should, moreover, indicate circumstances taken into consideration when imposing a
penalty, especially if extraordinary mitigation or preventive measures are applied, and other rulings included in the judgment.
§ 3. If the motion for a statement of reasons to be drawn up concerns only the penalty and other legal consequences of the
offence or a judgment issued pursuant to Article 343, Article 343a or 387, the court may reduce the statement of reasons to
the explanation of legal grounds of the judgment and decision made.
Division IX. Appeal proceedings.
Art. 425. Scope of appeal.
§ 1. An appeal against a ruling issued in first instance may be filed by the parties and other persons defined by law.
§ 2. An appeal may be filed against an entire ruling or against a part thereof. An appeal may also be submitted against the lack
of a determined ruling or against a statement of reasons alone.
§ 3. An appellant may appeal only those decisions or findings that infringe his rights or are prejudicial to his interests. This
restriction does not apply to the public prosecutor.
§ 4. The public prosecutor may also file an appeal in favour of the accused.
Art. 426. Two instances, internal appeal mode.
§ 1. Rulings issued by the appellate court or by the Supreme Court cannot be appealed, unless the law provides otherwise.
§ 2. An order to apply detention on remand issued as a result of interlocutory appeal, as well as decisions issued in course of
appellate proceedings to carry out observation, to impose a preventive measure, a disciplinary penalty or a decision on costs,
issued by the appellate court for the first time in the course of the proceedings, are subject to an appeal to a different,
equivalent panel of the appellate court. If the appealed ruling was issued by the court in the panel of one judge, the appeal
shall be heard by the appellate court in the panel of three judges.
Art. 427. Contents of appeal.
§ 1. An appellant should indicate the decision or finding appealed, and also state his demands.
§ 2. If the appeal is submitted by the public prosecutor, defence counsel or attorney, it should also present objections raised
against the decision with reasons.
§ 3. The appellant may also indicate new facts or evidence, if he was unable to present them in the proceedings before the
court of first instance.
§ 4. (repealed)
§ 5. (repealed)
Art. 428. Written form, addressee of an appeal.
§ 1. An appeal is lodged in writing with the court which issued the appealed ruling.
§ 2. A party may submit a written response to the appeal.
Art. 429. Refusal to admit an appeal.
§ 1. The president of the court refuses to admit an appeal, if it is filed after the expiry of the prescribed term, by an
unauthorised person or it is inadmissible by law.
§ 2. The refusal to admit an appeal pursuant to § 1 or to Article 120 § 2 is subject to interlocutory appeal.
Art. 430. Leaving an appeal unexamined.
§ 1. The appellate court leaves an admitted appeal unexamined, if the circumstances defined in Article 429 § 1 occur or if the
admission of an appeal occurs as the result of an improper reinstatement of the time limit, within which the appeal should be
submitted.
§ 2. The above decision is subject to an appeal to a different, equivalent panel of the appellate court, unless it is issued by the
Supreme Court.
Art. 431. Withdrawal of an appeal.
§ 1. An appeal may be withdrawn.
§ 2. The accused party may withdraw an appeal filed in his favour, unless it is submitted by the public prosecutor or the
circumstances provided for in Article 79 occur.
§ 3. An appeal filed in favour of the accused cannot be withdrawn without his consent.
Art. 432. Effects of withdrawal. The court leaves a withdrawn appeal unexamined, unless one of the reasons listed in
Articles 439 or 440 occur.
Art. 433. Limits of examination.
§ 1. The appellate court considers the case only within the limits of the appeal, and if the appeal indicates objections against
the judgment - also within the limits of the objections, taking into consideration the contents of Article 447 § 1-3. The
appellate court considers the case in a wider scope in the circumstances specified in Article 435, Article 439 § 1, Article 440
and Article 455.
§ 2. The appellate court is obliged to consider all requests and objections made in the appeal, unless the law provides
otherwise.
Art. 434. Prohibition of worsening the situation of the accused.
§ 1. An appellate court may render a judgment unfavourable to the accused only if:
1) the appeal was submitted against him, and
2) within the limits of the appeal, unless the law provides that the judgment be issued regardless of the limits of appeal, and
3) if flaws indicated in the appeal have been identified, unless the appeal has not been lodged by the public prosecutor or
attorney and objections have not been raised therein or the law provides that the judgment should be issued regardless of the
objections raised.
§ 2. An appeal unfavourable to the accused may result in a judgment in his favour, if conditions referred to in Article 440 or
455 are fulfilled.
§ 3. (repealed)
§ 4. With respect to accused sentenced by applying Article 60 § 3 or 4 of the Criminal Code or Article 36 § 3 of the Fiscal
Criminal Code the appellate court may, regardless of the limits of the appeal and objections raised and also if the appeal was
filed exclusively in favour of the accused, render an unfavourable judgment if after the issue of the judgment the accused
retracted or significantly altered his explanations or testimony. This, however, does not apply if a founded objection of a
violation of substantial law has been raised, or if the appellate court has found reasons justifying the reversing of the judgment
defined in Article 439 § 1
§ 5. (repealed)
Art. 435. Exceeding the limits of an appeal. The appellate court reverses or changes a judgment in favour of co-accused
who has not appealed, if it has reversed or changed a judgment in favour one accused whom the appeal concerns, if the same
arguments speak for reversing or changing the judgment in favour of all of the accused.
Art. 436. Limited examination of an appeal. The appellate court may restrict the examination of the appeal only to certain
flaws that were raised by a party or must be taken into consideration ex officio, if the examination within these limits is
sufficient to issue a judgment and the examination of the remaining issues would be premature or irrelevant for further
proceedings.
Art. 437. Types of ruling of the appellate court.
§ 1. After an appeal was examined, the court rules to uphold, change or reverse the appealed judgment entirely or in part. The
same applies to the examination of an appeal filed against the statement of reasons of a judgment.
§ 2. The appellate court changes the appealed judgment by deciding differently as to the substance of the matter or reverses it
and discontinues the proceedings. In other cases it reverses the judgment and refers the case to the court of first instance for
the purpose of re-examination. A judgment may be reversed and a case referred for the purpose of re-examination only in the
circumstances indicated in Article 439 § 1, Article 454 or if it is necessary to repeat the entire judicial process.
Art. 438. Grounds for an appeal. The judgment is reversed or changed if it is found that:
1) the provisions of substantive law were violated,
2) the provisions of procedural law were violated, if this might have affected the contents of the judgment,
3) the findings on which the judgment is based were established incorrectly, if this might have affected the contents of the
judgment,
4) a penalty, a penal measure or the obligation to compensate for a harm imposed is egregiously disproportionate or a
preventive, forfeiture or other measure was incorrectly imposed or the court incorrectly failed to impose it.
Art. 439. Absolute grounds for reversing the judgment.
§ 1. Regardless of the limits of the appeal, of the objections raised and impact of the flaw on the contents of the judgment, the
appellate court in a hearing reverses the appealed judgment, if:
1) a person unauthorised or incapable to rule or a person subject to disqualification pursuant to Article 40 has participated in
the issue of the judgment,
2) the court panel was incorrectly selected or any of its members was not present at the entire trial,
3) a common court has ruled on a case under the jurisdiction of a special court or a special court has ruled on a case under the
jurisdiction of a common court,
4) a lower court has ruled on a case under the jurisdiction of a higher court,
5) a penalty, a penal, a compensatory or a or a preventive measure unknown to the law was imposed,
6) if was rendered in violation of the principle of majority of votes or it has not been signed by any of the persons
participating in its issue,
7) there is contradiction in the contents of the judgement rendering its enforcement impossible,
8) it was rendered despite the fact that criminal proceedings concerning the same act committed by the same person have
already been concluded with a final judgment,
9) one of the circumstances precluding proceedings, defined in Article 17 § 1 point 5, 6 and 8-11, has occurred,
10) in the case specified in Article 79 § 1 and 2 and Article 80 the accused was not assisted in judicial proceedings by a
defence counsel or the defence counsel did not participate in the procedures in which his participation was mandatory,
11) the case was heard in the absence of the accused whose presence was mandatory.
§ 2. The reversing of a judgment for the reasons defined in § 1 point 9-11 may occur only in favour of the accused.
§ 3. The parties, defence counsels, and attorneys have a right to participate in the hearing. Article 451 applies accordingly.
Art. 439a. Rulings in the cases concerning minor offences. A judgment delivered in a case concerning a minor offence
shall not be reversed solely for the reason that the court adjudicated in criminal proceedings instead of minor offences
proceedings.
Art. 440. Manifest injustice. If upholding a ruling would be manifestly unjust, it is changed in favour of the accused or, in
the circumstances indicated in Article 437 § 2 second sentence, reversed regardless of the limits of appeal and objections
raised.
Art. 441. Legal question.
§ 1. If, at the examination of an appeal, a legal question emerges requiring a substantial interpretation of the law, the appellate
court may defer the trial and refer the legal question to the Supreme Court for consideration.
§ 2. The Supreme Court may refer a legal question for consideration to an extended panel of this court.
§ 3. The Supreme Court’s resolution concerning a given legal question is binding.
§ 4. The public prosecutor, defence counsels and attorneys are entitled to participate in the hearing.
§ 5. The Supreme Court may decide to hear the case by itself.
Art. 442. Re-examination.
§ 1. The court, to which the case was referred for re-examination, rules within the limits of referral. The accused may be
acquitted and proceedings discontinued even if the judgment was reversed only in that part concerning the penalty or other
measure imposed.
§ 2. If a case was referred for re-examination, the court ruling in first instance, while conducting proceedings with regard to
evidence irrelevant to the reversing of the judgment, may limit itself to disclosing it.
§ 3. The legal opinions and instructions of the appellate court concerning further proceedings are binding on the court to
which the case was referred for re-examination.
Art. 443. Prohibition of worsening the situation of the accused. If a case was referred for re-examination, a judgment more
severe than a reversed one may be rendered in further proceedings only if this judgment was appealed to the accused party’s
disfavour or in his favour under the conditions defined in Article 434 § 4. This does not apply when a judgment concerns
preventive measures specified in Article 93a § 1 of the Criminal Code.
Chapter 49. Appeal.
Art. 444. Filing an appeal.
§ 1. An appeal may be filed by the parties against a judgment of the court of first instance, and additionally by the aggrieved
party against a judgment conditionally discontinuing the proceedings.
§ 2. An appeal may also be filed by the obliged party referred to in Article 91a.
§ 3. At the announcement of judgment or on the occasion of its service, the accused not assisted by the defence counsel
should be re-instructed of the right to file a request for the appointment of the defence counsel for the purpose of preparing the
appeal and of the possibility of being charged with the costs of such an appointment, independently from the instruction
granted pursuant to Article 338 § 1a.
§ 4. The provision of § 3 apples accordingly to the aggrieved party, if a judgment conditionally discontinuing the proceedings
has been issued in a hearing.
Art. 445. Time limit for submitting an appeal.
§ 1. The time limit for submitting an appeal is 14 days and runs for each party authorised to submit it from the day on which
the judgment with statement of reasons was served.
§ 2. An appeal submitted before the expiry of the time limit, within which a motion for making a statement of reasons should
be filed, produces effects defined in Article 422 and is heard. It may be supplemented within the time limit defined in § 1.
Art. 446. Obligatory representation by advocate or legal advisor.
§ 1. An appeal against a judgment of the circuit court, which does not come from a public prosecutor, should be drawn up and
signed by a defence counsel or attorney.
§ 2. An appeal is accompanied by an adequate number of copies for opposing parties. An additional copy is attached to an
appeal filed with the appellate court.
Art. 447. Modification of the scope of consideration.
§ 1. An appeal regarding the matter of guilt is considered directed against the whole judgment.
§ 2. An appeal regarding the matter of penalty is considered directed against all adjudications as to penalty and penal
measures.
§ 3. An appeal regarding the matter of penal measure, compensatory measure or forfeiture is considered directed against all
adjudications as to penal measures, compensatory measures or forfeiture.
§ 4. An appeal may contain such objections, which have not been raised or cannot be raised in an interlocutory appeal.
§ 5. An appeal may not be based on objections indicated in Article 438 point 3 and 4, related with the consent of the
agreement referred to in Article 343, Article 343a and Article 387.
§ 6. The provision of § 5 does not apply if taking the evidence was obligatory.
§ 7. The appeal cannot be based on objections mentioned in Article 438 point 3 and 4, relating to the contents of the
settlement referred to in Article 343, Article 343a and Article 387.
Art. 448. Admission of an appeal.
§ 1. The public prosecutor, defence counsels, attorneys and parties are notified of the admission of an appeal. Subsequently,
the case files are handed over to the appellate court without any delay.
§ 2. A copy of an appeal filed by the opposing party is attached to the notification, unless the openness of the trial was
excluded in view of the necessity to protect secret information classified as “confidential” or “strictly confidential”.
§ 1. The appellate court considers the case at trial and - in the cases specified in the law - in a hearing.
§ 2. If preparatory proceedings were concluded in the form of inquiry, the appellate court rules at a trial in the panel of one
judge, unless the president of the court or the court decides otherwise.
Art. 449a. Supplementation of the statement of reasons.
§ 1. If it is necessary to ensure a correct ruling in the case, the appellate court, before delivering a judgement, may return the
case file to the court of first instance for the purpose of supplementing a statement of reasons of the appealed judgment,
indicating in detail the matters, with which the statement of reasons should be supplemented.
§ 2. Provisions concerning the drawing up, service and appeal against the statement of reasons of a judgment apply
accordingly to the supplementation of the judgment.
Art. 450. Participation of the parties in appellate trial.
§ 1. The participation in the trial of the public prosecutor, and of the defence counsel in the cases specified in Article 79 and
80, is mandatory.
§ 2. The participation in the trial of other parties and their attorneys and of the defence counsel in cases other than those
defined in § 1 is mandatory, if the president of the court or the court finds it necessary.
§ 3. The failure of the duly notified parties, defence counsels or attorneys to appear does not halt the conduct of the case,
unless their participation is mandatory.
Art. 451. Bringing of the accused. On a motion of the accused in custody filed within seven days of the service of
notification of the acceptance of his appeal, the appellate court may have him brought to a hearing, unless the attendance of
the defence counsel is deemed sufficient by the court. A motion submitted after the expiry of the prescribed term should be
considered, if it does not cause the necessity of deferring the trial. The accused should be advised of his right to file the above
motion. If the court decides not to bring the accused that does not have a defence counsel to a hearing, the court appoints a
defence counsel for him ex officio.
Art. 452. Evidentiary proceedings.
§ 1. (repealed)
§ 2. The appellate court dismisses an evidentiary motion, if the examination of evidence by this court would be pointless due
to reasons indicated in Article 437 § 2 second sentence.
Art. 453. Course of appellate proceedings.
§ 1. In the appellate court, judicial process begins with an oral report, in which the judge - referee presents the course and
results of previous proceedings and in particular the contents of the appealed judgment, objections and motions of the appeal,
as well as questions that require to be resolved ex officio. If necessary, parts of case files may be read out.
§ 2. The parties may provide explanations, make statements and submit motions orally or in writing, these submitted in
writing will be read out. Article 394 applies.
§ 3. The participants to the proceedings referred to in Article 406 § 1 are allowed to present their arguments in an order
decided by the presiding judge, starting with the appellant. The accused and his defence counsel may not be denied the right
to speak after the arguments of other participants to the proceedings.
Art. 454. Prohibition of worsening the situation of the accused.
§ 1. The appellate court may not sentence the accused acquitted in the first instance or the accused, with regard to whom the
proceedings in the first instance were discontinued or conditionally discontinued.
§ 2. (repealed)
§ 3. The appellate court may not increase the penalty by imposing a penalty of life imprisonment.
Art. 455. Change of legal qualification. Without changing factual findings, the appellate court corrects an erroneous legal
qualification regardless of the scope of appeal and objections raised. A legal qualification may be corrected to the accused
person’s disadvantage only if the appeal was filed against him.
Art. 455a. Prohibition of reversing the judgment. The judgment shall not be reversed due to the fact that its statement of
reasons does not fulfil the requirements specified in Article 424.
Art. 456. Appellate court's judgment. On upholding, reversing or changing of an appealed judgment of the court of first
instance the appellate court decides by way of a judgment.
Art. 457. Statement of reasons of a judgment.
§ 1. The statement of reasons of a judgment is drawn up ex officio within 14 days.
§ 2. If the court changed or upheld the appealed judgment, the statement of reasons is drawn up on the motion of a party,
unless a dissenting opinion was expressed. The provisions of Article 422 and Article 423 apply accordingly.
§ 3. The statement of reasons should explain what led the court to issue the judgment in question and why the objections and
pleas of the appeal were found to have merit or not.
Art. 458. Relevant application. The provisions concerning proceedings before the court of first instance apply accordingly to
the proceedings before the appellate court, unless the provisions contained in this Chapter provide otherwise.
Chapter 50. Interlocutory appeal and objection.
Art. 459. Admissibility of interlocutory appeal.
§ 1. The decision of the court precluding the possibility of delivering a judgment is subject to interlocutory appeal, unless the
law provides otherwise.
§ 2. An interlocutory appeal may also be filed against a decision pertaining to a preventive measure and other decisions in
cases indicated by the law.
§ 3. An interlocutory appeal may be filed by the parties and also by a person directly concerned with the decision, unless the
law provides otherwise.
Art. 460. Time limit for the submission of interlocutory appeal. An interlocutory appeal or an objection is submitted
within seven days of the announcement of the decision or, if the law requires its service, within seven days of the date that it
is served. This also applies to an interlocutory appeal against rulings included in the judgment pertaining to costs and fees.
However, if an appellant submits a motion for the statement of reasons of judgment to be drawn up in writing and served, an
interlocutory appeal may be filed within the time limit prescribed for an appeal.
Art. 461. Service of copies and notification of parties.
§ 1. An appropriate number of copies of an interlocutory appeal against a decision concluding the proceedings is attached for
the persons concerned with an appealed decision. The copies are served on the above persons immediately.
§ 2. The persons concerned with the appealed decision are notified of the submission of an interlocutory appeal other than the
appeal mentioned in § 1 and of an objection.
Art. 462. The possibility of halting the enforcement.
§ 1. If the law does not provide otherwise, an interlocutory appeal does not halt the enforcement of an appealed decision.
However, the court that issued the decision or the court appointed to examine an interlocutory appeal may halt the
enforcement of the decision.
§ 2. The denial to halt the enforcement does not require a statement of reasons.
Art. 463. Interlocutory appeal as a devolutive measure.
§ 1. The court, from whose decision an interlocutory appeal was filed, may allow it, if it rules in the same panel, in which the
appealed decision was issued. In other cases the president of the court immediately refers the interlocutory appeal with the
case files or indispensable copies of documents from the files to the court competent to examine the case.
§ 2. An interlocutory appeal against detention on remand or financial security order should be referred for examination within
48 hours.
Art. 464. Participation of the parties in the hearing.
§ 1. Parties, defence counsels and attorneys may participate in a hearing of the appellate court, in which an interlocutory
appeal against a decision concluding proceedings or an arrest order, a decision applying a preventive measure other than
detention on remand or a decision establishing a security on property, is examined. They have a right to participate in a
hearing of the appellate court also if they are entitled to participate in a hearing of the court of first instance.
§ 2. In other cases, the appellate court may allow parties, defence counsel or an attorney to participate in a hearing.
§ 3. (repealed)
Art. 465. Preparatory proceedings.
§ 1. The provisions concerning interlocutory appeal against a decision of the court apply accordingly to interlocutory appeal
against a decision of the public prosecutor and the agency conducting preparatory proceedings.
§ 2. An interlocutory appeal against the decision of the public prosecutor should be filed with the court competent to examine
the case, unless the law provides otherwise.
§ 2a. In the cases prosecuted by private accusation, interlocutory appeal against decisions of the public prosecutor refusing to
initiate proceedings or discontinuing preparatory proceedings are examined by the superior public prosecutor, if the decision
was motivated by a lack of public interest in prosecuting the perpetrator ex officio.
§ 3. An interlocutory appeal against a decision of an agency conducting preparatory proceedings, other than the public
prosecutor, is examined by the public prosecutor supervising these proceedings.
Art. 466. Appeals against orders.
§ 1. The provisions concerning objections and interlocutory appeals against decisions apply accordingly to objections and
interlocutory appeals against orders.
§ 2. An interlocutory appeal against a decision of the president of the court is examined by the appellate court.
Art. 467. Appeals against actions or omissions.
§ 1. The provisions of this Chapter apply accordingly when the law provides that an interlocutory appeal may be filed against
an action or an omission.
§ 2. An appellate authority, finding the appeal with merit, declares that an action or an omission are contrary to the law and
orders appropriate action to remedy the effects of the breach and to prevent such errors in future and also undertakes other
measures provided for by law.
Division X. Special procedures.
Chapter 51
(uchylony)
Chapter 52. Procedure in cases prosecuted by private accusation.
Art. 485. Provisions concerning summary proceedings. In cases prosecuted by private accusation, provisions concerning
ordinary proceedings apply, with the observance of the provisions of this Chapter.
Art. 487. Indictment. An indictment may be limited to the indication of the accused person, the act of which he is accused
and details of the evidence on which the accusation is based.
Art. 488. Duties of the Police.
§ 1. At the request of an aggrieved party, the Police accept an oral or written complaint and, if necessary, secure evidence.
Subsequently, the complaint is referred to a competent court.
§ 2. At the order of the court, the Police conduct evidentiary procedures indicated by the court and hand over their results to
the court. Article 308 applies accordingly.
Art. 489. Conciliatory hearing.
§ 1. The main trial is preceded by a conciliatory hearing conducted by a judge or a court referendary.
§ 2. At the request or with the consent of the Parties, the court may set an appropriate date for mediation proceedings to be
conducted instead of a conciliatory hearing. Article 23a applies accordingly.
Art. 490. Course of the hearing.
§ 1. A conciliatory hearing begins with the parties being summoned to reconcile.
§ 2. The transcript from a conciliatory hearing should state the position of the parties with respect to the summons to reconcile
and the results of the conciliatory hearing. If reconciliation is achieved, the transcript is also signed by the parties.
Art. 491. The parties' failure to appear.
§ 1. An unjustified failure of the private prosecutor and his attorney to appear at conciliatory hearing is considered a
withdrawal of accusation. In such a case, the judge conducting the conciliatory hearing discontinues the proceedings.
§ 2. In case of an unjustified failure of the accused to appear, the judge conducting the conciliatory hearing refers the case to a
main trial and, if possible, immediately sets its date.
Art. 492. Reconciliation of the parties.
§ 1. If the parties reconcile, proceedings are discontinued. The decision on discontinuation of the proceedings may also be
issued by a court referendary.
§ 2. If reconciliation was achieved as a result of mediation, Article 490 § applies accordingly.
Art. 493. Scope of reconciliation. During a conciliatory hearing or as a consequence of mediation it is permissible for the
parties to effect a reconciliation also concerning other cases pending between the same parties prosecuted by private
accusation.
Art. 494. Settlement.
§ 1. The parties may make a settlement simultaneously to reconciliation, which may also have as its object the claims
connected with the accusation.
§ 2. (repealed)
Art. 495. Setting the date of the trial.
§ 1. If the parties fail to reconcile, the case is referred to the main trial and its date set immediately if possible, unless there is
a need to refer the case to a hearing for another decision.
§ 2. The parties attending a hearing should submit their evidentiary motions.
§ 3. (repealed)
Art. 496. Withdrawal of accusation.
§ 1. Proceedings in cases prosecuted by private accusation are discontinued with the consent of the accused, if the private
prosecutor has withdrawn the accusation before the final conclusion of the proceedings.
§ 2. The consent of the accused is not required, if the private prosecutor has withdrawn the accusation before the
commencement of the judicial process at the main trial.
§ 3. The unjustified failure to appear at the main trial of the private prosecutor or his attorney is deemed a withdrawal of
accusation.
Art. 497. Reciprocal indictment.
§ 1. The accused is entitled, before the commencement of the judicial examination at the main trial, to submit a reciprocal
indictment, acting also in the capacity of the aggrieved party, against the private prosecutor, concerning an act prosecuted by
private accusation, connected with the charge. The court examines both cases jointly.
§ 2. If one of the private prosecutors withdraws the accusation, the proceedings are discontinued in the part concerned with
his accusation.
§ 3. Both private prosecutors retain the rights of the accused. This private prosecutor who first filed an indictment has priority
to ask questions and make arguments. In the judgment the court mentions the fact that the proceedings were conducted as a
result of reciprocal accusations.
Art. 498. Inadmissibility of reciprocal indictment.
§ 1. A reciprocal accusation is not permissible if the public prosecutor has already initiated or joined the proceedings.
§ 2. If, after the submission of a reciprocal accusation, the public prosecutor joins one of reciprocal accusations, the court
initiates separate proceedings for the other accusation. Article 60 § 2 applies.
§ 3. If the public prosecutor takes over both reciprocal accusations, the proceedings are conducted ex officio and both accused
parties, to a relevant extent, have the rights of subsidiary prosecutor.
Art. 499. Relevant application. Provisions of Articles 492-494 apply accordingly at a trial.
Chapter 53. Penal order.
Art. 500. Scope of adjudication.
§ 1. In cases, in which inquiry was conducted, the court, finding the trial unnecessary in view of the material gathered in
preparatory proceedings, may issue a penal order in cases, in which it is possible to sentence the accused to a penalty of
restriction of liberty or to a fine.
§ 2. In penal order proceedings, the provisions concerning ordinary procedure apply, if the provisions of this Chapter do not
stipulate otherwise.
§ 3. The court may issue a penal order, if in view of gathered evidence, circumstances of the criminal act and the guilt of the
accused do not give rise to doubts.
§ 4. The court issues a penal order in a hearing without the participation of the parties.
Art. 501. Inadmissibility of penal order. A penal order is not issued if:
1) (repealed)
2) the case is prosecuted by private accusation,
3) circumstances referred to in Article 79 § 1 have occurred.
Art. 502. Penalties.
§ 1. With a penal order, a penalty of restriction of liberty or a fine not exceeding 200 daily units or 200 000 PLN may be
imposed.
§ 2. In addition to the penalty defined in § 1, in cases provided for by law, the court may impose a penal measure, a forfeiture
or a compensatory measure.
§ 3. The court may limit itself to the imposition of a penal measure, a forfeiture or a compensatory measure, if the conditions
for its imposition are fulfilled.
Art. 503. Compensation.
§ 1. When issuing a penal measure, the court rules that the demands of civil claims should be satisfied in full or awards
monetary compensation pursuant to Article § 5.
§ 2. If evidence gathered in preparatory proceedings is not sufficient to rule on a civil claim, the court leaves the civil claim
unexamined.
Art. 504. Contents of penal order.
§ 1. A penal order contains:
1) a designation of the court and judge by whom it was issued,
2) the date of issue of the order,
3) name, surname and other details of the accused,
4) an exact description of the act of which the accused was convicted and an indication of provisions of criminal law applied
by the court,
5) the sentence and other necessary decisions.
§ 2. A penal order need not contain a statement of reasons.
Art. 505. Service of penal order. An attested copy of the penal order is served on the prosecutor, and on the accused and his
defence counsel - an attested copy of the penal order and of the indictment. In any case, an attested copy of the penal order is
served on the public prosecutor. An instruction quoting the provisions of law on the entitlement, time limit and manner of
submitting an objection and consequences of the failure to submit it is served with the copy of the penal order.
Art. 506. Objection.
§ 1. The accused and the prosecutor may file an objection with the court that issued a penal order within a final time limit of
seven days of its service.
§ 2. The president of the court refuses to accept an objection, if it was filed after the expiry of the time limit or by an
unauthorised person.
§ 3. If the objection was submitted, the penal order becomes invalid and the case is examined on general principles.
§ 4. (repealed)
§ 5. An objection may be withdrawn up to the commencement of the judicial process at the main trial.
§ 6. The court examining the case after the objection was filed is not bound by the contents of a penal order that has lost its
validity.
Art. 507. Final and binding penal order. A penal order, against which no objection was filed or an objection was
withdrawn, becomes final and legally binding.
Art. 508-517 (repealed)
Chapter 54. (repealed).
Chapter 54a. Accelerated proceedings.
Art. 517a. Application of provisions concerning summary proceedings.
§ 1. In accelerated proceedings, provisions concerning ordinary procedure apply, unless the provisions of this Chapter provide
otherwise.
§ 2. The absence of the public prosecutor does not stay course of the trial or hearing. If the public prosecutor does not
participate in the trial, charges are read out by the recording clerk.
Art. 517b. Mode of proceeding, motion to examine the case.
§ 1. Cases, in which inquiry was conducted, may be heard in accelerated proceedings, if the perpetrator was apprehended in
the act of committing an offence or immediately thereafter, arrested and brought before the court by the Police within 48
hours with a motion to examine the case in accelerated proceedings, hereinafter referred to as the “motion to examine the
case”.
§ 2. Accelerated proceedings are conducted in accordance with public accusation procedure likewise with regard to offences
prosecuted by private accusation, if the offence tried is an offence of hooliganism.
§ 2a. An offender apprehended in circumstances described in § 1 need not be brought forcibly before the court, if his
participation in all judicial procedures in which he has the right to participate is ensured, and in particular his right to give
explanations by the use of technical devices allowing this procedure to take place remotely, with a simultaneous transmission
of sound and vision. In such circumstances, the submission of a motion to examine the case is equivalent to bringing the
accused before the court.
§ 2b. In the case referred to in § 2a, all judicial procedures conducted by the use of technical devices allowing these
procedures to take place remotely will be attended at the location of the accused by a court referendary or a judicial assistant
employed by the court, in whose judicial circuit the accused is staying.
§ 2c. If in the case mentioned in § 2a, a defence counsel was appointed, he will participate, at the location of the accused, in
all judicial procedures conducted by the use of technical devices allowing these procedures to take place remotely.
§ 2d. If, in the case mentioned in § 2a, the circumstances referred to in Article 204 § 1 occur with regard to the accused, an
interpreter will participate, at the location of the accused, in all judicial procedures conducted by the use of technical devices
allowing these procedures to take place remotely.
§ 3. An offender apprehended under the circumstances described in § 1 need not be arrested and brought forcibly before the
court and he may be released if he was obliged to appear before the court at the indicated time and place within 72 hours of
being arrested or handed over to the Police, with the effect of being summoned. The motion to examine the case, together
with evidentiary material, is then referred to the court within 48 hours of the offender being arrested or handed over to the
Police, and if this time limit expires on a public holiday - on the next working day, however, always so that the court might
commence the examination of the case before the lapse of 72 hours of the offender being arrested or handed over to the
Police.
§ 4. The provisions of § 3 may apply to the perpetrator of a hooligan offence by way of exception, if from the circumstances it
is clear that the offender will appear before the court at the indicated time and place and will not obstruct the proceedings in
any other way.
Art. 517c. Examination of a suspect, instruction.
§ 1. An inquiry may be limited to the examination of a suspect and to the securing of evidence to the extent necessary. In
course of an inquiry, judicial procedures defined in Article 303 and 321 are not conducted.
§ 2. A suspect is instructed of his rights: to provide explanations, to refuse to provide explanations or answer questions, to be
represented by a defence counsel, to submit - during the inquiry - a motion referred to in Article 338a and also of the
possibility that the motion referred to in Article 335 § 1 or 2 might be submitted by the public prosecutor, of the duties and
consequences indicated in Articles 74, 75, 138 and 139. The instruction is handed over to the suspect in writing with its
receipt acknowledged.
§ 2a. In the case mentioned in Article 517b § 2a, the suspect should, moreover, be instructed of the contents of Article 517b §
2a and 2c, Article 517e § 1a and Article 517ea.
§ 3. (repealed)
Art. 517d. Submission of a motion to examine the case.
§ 1. If there are grounds for submitting a motion to examine the case, the Police draw up such a motion and files it with the
court together with collected evidence, notifying thereof the public prosecutor. A motion to examine the case replaces an
indictment.
§ 1a. In the case mentioned in Article 517b § 2a, copies of the motion to examine the case is made for the offender and his
defence counsel, if one was appointed. Moreover, certified copies are made of all documentary evidence submitted to the
court. Such copies are delivered to the place of stay of the accused and attached to case files after all judicial procedures were
conducted pursuant to Article 517b § 2a.
§ 2. If the conditions for submitting a motion referred to in Article 335 § 1 or § 2 are fulfilled or the suspect submits the
motion referred to in Article 338a, the Police present the motion to examine the case to the public prosecutor for approval.
The public prosecutor may deny the approval and decide to continue the proceedings. Upon approving the motion to examine
the case, the public prosecutor may attach thereto the motion referred to in Article 335 § 2 or submit a motion referred to in
Article 335 § 1.
§ 3. The motion to examine the case should contain the information specified in Article 332 § 1, the provisions of Article 333
§ 1-3 and Article 334 § 1 and § 2 apply accordingly. The Police serve a written instruction of rights under Article 46 § 1 of
the Criminal Code, under Article 343 § 2 and Article 387 § 2 on the aggrieved party, as well as information on the contents of
Articles 49a and 338a. The aggrieved party shall also be instructed about the right to declare an intention of acting in the
capacity of subsidiary prosecutor.
§ 4. A person summoned by the Police as a witness, expert, interpreter or specialist is obliged to appear at the indicated time
before the court or at the place of stay of the accused. Article 177 § 1a applies.
Art. 517e. Copy of the motion, the accused's failure to appear.
§ 1. The president of the court or the court serves a copy of the motion to examine the case on the accused and his defence
counsel, if one was appointed, and sets the period for the accused to prepare his defence. The accused should be able to
communicate with his defence counsel without third parties being present.
§ 1a. In the case referred to in Article 517b § 2a, the president of the court or the court, in the manner defined in Article 137,
notifies the accused and his defence counsel, if one was appointed, of the service of the motion to examine the case and sets
the period for the accused to prepare his defence. The accused and his defence counsel are served a copy of the motion to
examine the case by a Police officer and acknowledge its receipt. They are also granted access to the documents referred to in
Article 517d § 1a. The accused, who was arrested, should be able to communicate with his defence counsel in the place of his
detention, without third parties being present.
§ 2. (repealed)
§ 3. The court starts examining the case without delay. Article 339 § 1 point 1 and 2 and Article 353 do not apply.
§ 4. (repealed)
Art. 517ea. Motions and statements.
§ 1. In the case referred to in Article 517b § 2a during judicial procedures, in which the accused participates by the use of
technical devices allowing these procedures to take place remotely, the participants may submit motions, make statements and
undertake other actions in the proceedings exclusively orally, with a record thereof in the transcript of the case. The court
shall inform the accused and his defence counsel of the contents of all writs that were filed with the court since the submission
of the motion to examine the case at the next judicial procedure. On a motion of the accused or his defence counsel, the court
is obliged to read out their contents.
§ 2. In the case referred to in Article 517b § 2a, writs of the accused and his defence counsel that could not be filed with the
court, may be read out at a hearing. Upon their being read out, they become effective and are treated as actions accomplished
in an oral form.
Art. 517f. Adjournment.
§ 1. Accelerated proceedings are also conducted if there is a necessity to adjourn the trial. The total time of ordered
adjournments may not exceed 14 days.
§ 2. If an adjournment is ordered, the court decides whether to impose a preventive measure.
§ 3. Article 98 § 2 and Article 411 § 1 does not apply.
Art. 517g. Inadmissibility of accelerated mode.
§ 1. If, before or during the main trial, the court discovers that the case should not be heard in accelerated mode, it rules on the
application of a preventive measure and refers the case to the public prosecutor for the purpose of conducting preparatory
proceedings on general principles, notifying the aggrieved party thereof. However, if the court discovers only that the case
cannot be heard in accelerated mode due to the impossibility of observing the permissible period of interruptions of the trial
referred to in Article 517f § 1, the court continues the examination of the case in ordinary mode. If, before the trial, the court
discovers that it is not possible to observe the permissible period of interruptions of the trial referred to in Article 517f § 1, it
rules as to the imposition of a preventive measure and refers the case to the public prosecutor for the purpose of conducting
preparatory proceedings on general principles, notifying the aggrieved party thereof.
§ 2. If, on the basis of circumstances disclosed after the commencement of the judicial process, the court concludes that
evidentiary proceedings should be supplemented, but the undertaking of the necessary procedures in court proceedings would
cause serious difficulties, the court refers the case to the public prosecutor for the purpose of conducting preparatory
proceedings on general principles and notifies the aggrieved party thereof. Before the case is referred to the public prosecutor,
the court rules with regard to preventive measures.
§ 3. If, on the basis of circumstances disclosed after the commencement of the judicial process, the court finds it probable that
a penalty of imprisonment exceeding two years may be imposed, it will rule with regard to preventive measures and refer the
case to the public prosecutor for the purpose of conducting preparatory proceedings on general principles. The judge who
participated in the issue of the ruling is by law excluded from any further participation in the case.
§ 4. If the accused is sentenced to a penalty of imprisonment without a conditional suspension of its execution, the court,
having heard the parties, rules with regard to preventive measures.
Art. 517ga. Exclusion of a manner of participation. If the trial was adjourned or the mode of proceedings was changed, the
accused does not participate in judicial procedures in further proceedings in the manner provided for in Article 517b § 2a.
Art. 517h. Statement of reasons of a judgment.
§ 1. A motion for the statement of reasons to be drawn up in writing and served may be made orally and entered into the
transcript of a trail or hearing or submitted in writing within a final time limit of three days of the service of the judgment.
§ 2. The court draws up the statement of reasons within three days of the submission of the motion for drawing up the
statement of reasons.
§ 3. An appeal should be filed within seven days and the time limit runs for each authorised party from the service of
judgment with statement of reasons.
§ 4. If an appeal is submitted, it is referred immediately, with the case files, to the appellate court, which will consider the
case within a month of receiving the appeal. Article 448 does not apply.
§ 5. If an appeal was filed by the public prosecutor, defence counsel or attorney, the appellate court attaches a copy of the
appeal filed by the opposing party to the notification on the time of the appellate trial.
Art. 517i. Reversal of a judgment, referral of the case.
§ 1. If, having heard the appeal, the court finds it necessary to supplement evidentiary proceedings as to the merit of the case,
it may set aside the judgment and refer the case to the public prosecutor with the purpose of conducting preparatory
proceedings on general principles.
§ 2. If a judgment was reversed and the case was referred for re-examination, further proceedings are conducted in the
ordinary mode.
Art. 517j. Delegation.
§ 1. In order to make it possible for the accused to use the assistance of a defence counsel, in accelerated proceedings
advocates and legal advisors shall be on duty in the time and place determined in separate provisions.
§ 2. The Minister of Justice shall determine by way of a regulation the manner of ensuring the assistance of a defence counsel
to the accused, and the possibility of appointing one in accelerated proceedings, including the organisation of on-call duties
referred to in § 1, bearing in mind the need for the proper course of the accelerated proceedings and the necessity of ensuring
the possibility of appointing a defence counsel to the accused.
Division XI. Extraordinary measures of appeal.
Chapter 55. Cassation.
Art. 518. Relevant application. If the provisions of this Chapter do not stipulate otherwise, the provisions of Part IX apply
accordingly to cassation proceedings.
Art. 519. Subject of cassation. A cassation may be filed against a final and binding judgment of the appellate court ending
the proceedings and against a final and binding decision of the appellate court discontinuing the proceedings and applying a
preventive measure referred to in Article 93a of the Criminal Code. The provision of Article 425 § 2 third sentence does not
apply.
Art. 520. Entitled parties.
§ 1. The parties are entitled to submit a cassation.
§ 2. A party that does not appeal against a judgment of a court of first instance is not allowed to file a cassation against the
judgment of the appellate court, if the judgment of the court of first instance was upheld or changed in his favour.
§ 3. The limitation referred to in § 2 does not apply to violations mentioned in Article 439.
Art. 521. Other entities.
§ 1. The Minister of Justice - Prosecutor General and the Ombudsman may file a cassation against any final and binding court
judgment ending the proceedings.
§ 2. The Ombudsman for Children may file a cassation against any final and binding court judgment ending the proceedings,
if the issue of this judgment violates the rights of a child.
§ 3. The authorities mentioned in § 1 and 2 may review court and public prosecutor’s files, as well as files of other
prosecuting agencies, after the conclusion of the proceedings and issue of the decision.
Art. 522. One cassation. A cassation concerning the same accused or the same judgment may be filed by each entitled party
only once.
Art. 523. Bases of cassation.
§ 1. A cassation may be filed solely due to violations listed in Article 439 or other egregious infringement of law, if this might
have had a material impact on the contents of a judgment. A cassation may not be filed exclusively for the reason that the
penalty is blatantly disproportionate to the offence.
§ 1a. Limitations referred to in § 1 second sentence do not apply to a cassation filed by the Minister of Justice - Prosecutor
General in the cases concerning indictable offences.
§ 2. A cassation for the accused may be submitted only if the accused was sentenced for an offence or a fiscal offence to the
penalty of imprisonment without a conditional suspension of its execution.
§ 3. A cassation against the accused may be submitted only in the event of his acquittal or the discontinuation of proceedings.
§ 4. The limitations referred to in § 2 and 3 do not apply to a cassation:
1) filed due to the violations mentioned in Article 439,
2) filed under the circumstances mentioned in Article 521.
Art. 524. Time limit.
§ 1. A cassation is filed by the parties within 30 days of the service of judgment and statement of reasons thereof. A motion
for the service of the judgment with statement of reasons should be submitted to the court that issued the judgment, within a
final time limit of seven days of its announcement, and, if the law provides for its service, of its service. Article 445 § 2
§ 2. The time limit indicated in § 1 does not apply to a cassation filed by the Minister of Justice - Prosecutor General, the
Ombudsman and the Ombudsman for Children.
§ 3. A cassation filed against the accused after one year of the date on which the judgment has become final and binding shall
not be granted.
Art. 525. Manner of submission.
§ 1. A party files a cassation with the Supreme Court through the appellate court.
§ 2. In the case referred to in Article 521, a cassation is filed directly with the Supreme Court.
Art. 526. Objections, obligatory representation by an advocate or legal advisor.
§ 1. A cassation should specify the alleged violation in the judgment.
§ 2. If a cassation does not come from the public prosecutor, the Minister of Justice - Prosecutor General, the Ombudsman or
the Ombudsman for Children, it should be drawn up and signed by a defence counsel or attorney who is either an advocate or
a legal advisor.
Art. 527. Court fee.
§ 1. The party attaches to the cassation a proof of having paid the court fee. This obligation does not apply to the public
prosecutor.
§ 2. A person deprived of liberty is exempt from paying the court fees when filing a cassation. If a cassation is left unheard or
dismissed, such a person is ordered to pay the court fee.
§ 3. A soldier in obligatory military service or doing his service as a candidate for a professional soldier is exempt from
paying the court fee.
§ 4. The court fees are refunded to the party who paid it, if the cassation is allowed, even in part, or withdrawn.
§ 5. The Minister of Justice shall define by way of a regulation the amount of the court fees, taking into consideration the
actual costs of proceedings and the principle of access to the court.
Art. 528. Inadmissibility of appeal.
§ 1. No appeal may be filed against the refusal to:
1) grant exemption from the court fees referred to in Article 527 § 1,
2) appoint an advocate or a legal advisor for the purpose of preparing a cassation,
3) reinstate the time limit referred to in Article 524 § 1 first sentence.
Art. 529. Cassation in favour of the accused. A cassation in favour of the accused may be filed despite the fact that the
penalty has already been served, the conviction was expunged from the record, a pardon was granted or any other
circumstance has occurred precluding prosecution or justifying the suspension of proceedings.
Art. 530. Acceptance and refusal to accept cassation.
§ 1. In the case referred to in Article 525 § 1, while accepting the cassation, the president of the court serves the copy thereof
on the remaining parties and, after the public prosecutor has submitted a written response to the cassation, send the case file to
the court competent to hear the case without delay, if the court in which the cassation was submitted has no jurisdiction over
the case.
§ 2. The president of the court to which the cassation was submitted refuses to accept it if circumstances referred to in Article
120 § 2 or in Article 429 § 1 have occurred, or if the cassation is based on other grounds than those indicated in Article 523 §
1.
§ 3. The ruling referred to in § 2 is subject to interlocutory appeal to the Supreme Court, which hears it in the panel of one
judge. The cassation court issues the ruling without the participation of the parties, unless the President of the Supreme Court
orders otherwise.
§ 4. If a cassation that has not been found manifestly groundless by the public prosecutor is admitted by the court, a copy of
the public prosecutor’s response is served on the remaining parties, their defence counsels and attorneys. Further writs are
submitted directly to the cassation court.
§ 5. If the public prosecutor has found the cassation manifestly groundless, he will send a copy of his response to the
remaining parties, their defence counsels and attorneys who, within 14 days of the receipt of the public prosecutor’s response
may present their position to the court in writing.
Art. 531. Leaving the cassation unexamined.
§ 1. The Supreme Court leaves an accepted cassation unexamined if it does not correspond to the provisions of Article 530 §
2 or if it is accepted as a consequence of an unjustified reinstatement of the time limit. The Court issues the ruling without the
participation of the parties, unless the President of the Supreme Court orders otherwise.
§ 2. The Supreme Court may, however, return the case file to the appellate court if it discovers that the actions aimed at
removing formal defects of the cassation have not been performed.
§ 3. The provision of § 1 second sentence applies accordingly if a cassation is withdrawn.
Art. 532. Staying the execution of the judgment.
§ 1. If a cassation is filed, the Supreme Court may stay the execution of the appealed judgment, and also of any other
judgment, the execution of which depends on the result of the cassation.
§ 2. A stay of execution of the appealed judgment may be connected with the application of measures defined in Article 266,
271, 272, 275 and 277.
§ 3. The cassation court issues a ruling without the participation of the parties, unless the President of the Supreme Court
orders otherwise.
Art. 533. Preventive measure. If a cassation was filed against the accused, the Supreme Court may impose a preventive
measure, unless the accused was acquitted.
Art. 534. The Supreme Court's panel.
§ 1. If the law does not require the issue of a judgment, the Supreme Court rules in a panel of one judge, unless the President
of the Supreme Court orders that the case be considered in a panel of three judges.
§ 2. If a cassation was filed against a judgment of the Supreme Court, it is heard by a panel of seven judges, unless it was
issued by one judge, in which case the Supreme Court adjudicates in the panel of three judges.
§ 1. The Supreme Court hears a cassation at a trial and, in cases provided for by law, at a hearing without the participation of
the parties.
§ 2. A party deprived of liberty is not brought to the trial, unless the President of the Supreme Court or the Supreme Court
finds it necessary.
§ 3. A dismissal of a cassation as manifestly groundless does not require a written statement of reasons. If the ruling was
issued in a hearing and, also when it was issued at a trial, but the party deprived of liberty had no legal representative and was
not brought to the trial, the statement of reasons is drawn up on his motion. Article 422 and 423 apply accordingly.
§ 4. A cassation filed pursuant to Article 521 is considered by the Supreme Court at a trial.
§ 5. A cassation in favour of the accused may be granted entirely in a hearing without the participation of the parties, if it is
obviously justified.
Art. 536. Scope of consideration. The Supreme Court hears the cassation within the extent of the appeal and objections
raised, and to a wider extent only in the cases referred to in Article 435, 439 and 455.
Art. 537. Types of rulings.
§ 1. The Supreme Court, having considered the case, dismisses the cassation or entirely or partially overrules the judgment
against which the cassation was filed.
§ 2. In overruling the judgment, the Supreme Court refers the case to the competent court for re-examination or discontinues
the proceedings, or - if the conviction is manifestly groundless - acquits the accused.
Art. 538. Execution of penalty.
§ 1. At the moment when the judgment is overruled, the execution of penalty, penal measure, forfeiture or compensatory
measure ceases. A penalty, penal measure, forfeiture or compensatory measure already served or enforced is credited - in case
of a later re-conviction - against a newly imposed penalty, penal measure, forfeiture or compensatory measure.
§ 2. The court may impose a preventive measure. The decision to impose a detention on remand is subject to the appeal to
another equivalent panel of the Supreme Court.
§ 3. If a final and binding judgment conditionally discontinuing the proceedings or imposing a penalty with the conditional
suspension of its execution was overruled in the event that the court reissues a judgment conditionally discontinuing the
proceedings or imposing a penalty with the conditional suspension of its execution, the probation period includes the time
from the day on which the judgment became final and binding until the date it is overruled.
Art. 539. Inadmissibility of further cassation. A cassation against a judgment of the Supreme Court, delivered as a result of
a cassation, is not permissible.
Chapter 55a. Appeal Against Appellate Court Judgment.
Art. 539a. Appeal to the Supreme Court.
§ 1. Appellate court judgment reversing the judgment of the court of first instance and referring the case for re-examination is
subject to appeal to the Supreme Court.
§ 2. An appeal may be filed against an entire ruling or a part thereof.
§ 3. An appeal may be filed solely due to violations of Article 437 or due to infringements listed in Article 439 § 1.
Art. 539b. Time limit.
§ 1. An appeal is filed by the parties within 7 days of the service of the judgment and statement of reasons thereof. Article 524
§ 1 second and third sentence applies accordingly.
§ 2. Submission of an appeal stays the enforcement of an appealed judgment.
Art. 539c. Copies.
§ 1. An appeal is accompanied with an adequate number of copies for opposing parties.
§ 2. The president of the court, when serving a copy of the appeal on the remaining parties, instructs them about the right to
submit a written response to the appeal within 7 days of the service of the copy of the appeal. After the lapse of this time
limit, the president of the court immediately sends the case file to the Supreme Court.
Art. 539d. Application of a preventive measure. After the case is referred to the Supreme Court, the Supreme Court, if
necessary, rules on the application of a preventive measure. The decision on the imposition of detention on remand is subject
to interlocutory appeal to an equivalent panel of the Supreme Court.
Art. 539e. Hearing of the appeal.
§ 1. The Supreme Court considers the appeal at a hearing without the participation of the parties.
§ 2. The Supreme Court dismisses the appeal with a decision or reverses the judgment in part or in whole and refers the case
to a competent appellate court for the purpose of re-examination.
Art. 539f. Relevant application. Article 425 § 3 and 4, Article 428 § 1, Article 431, Article 432, Article 435, Article 436,
Article 442 § 1 and 3, Article 457 § 1 and 3, Article 525 § 1, Article 526, Article 527 § 1-4, Article 528 § 1, Article 530 § 2
and 3, Article 531, Article 534 § 1 and Article 536, as well as provisions issued on the basis of Article 527 § 5, apply
accordingly.
Chapter 56. Reopening of proceedings.
Art. 540. Grounds for reopening.
§ 1. Judicial proceedings concluded with a final and binding court judgment are reopened if:
1) an offence is committed in connection with the proceedings and there is a justified reason to suspect that it might have
influenced the judgment,
2) after the issue of a judgment new facts or evidence are disclosed, indicating that:
a) the accused did not perpetrate the criminal act or his act does not constitute an offence or is not liable to a penalty,
b) the offender is sentenced for an offence carrying a more severe penalty or the circumstances extraordinarily mitigating
the penalty are not taken into consideration, or the circumstances resulting in an extraordinary aggravation of penalty are
erroneously applied,
c) the court discontinues or conditionally discontinues the proceedings, erroneously assuming that the accused committed
the act of which he was charged.
§ 2. Proceedings are reopened in favour of a party if the Constitutional Tribunal declares that the provision, on the basis of
which the decision was issued, is not compliant with the Constitution, a ratified international agreement or with a legislative
act. Proceedings may not be reopened to the disfavour of the accused.
§ 3. Proceedings are reopened in favour of the accused, if the necessity is a consequence of a decision of an international
authority acting pursuant to an international agreement ratified by the Republic of Poland.
Art. 540a. Additional grounds. Judicial proceedings concluded with a final and binding court judgment is reopened if:
1) the offender, with regard to whom Article 60 § 3 or 4 of the Criminal Code or Article 36 § 3 of the Fiscal Criminal Law
was applied, has failed to confirm in criminal proceedings information previously disclosed,
2) the circumstances referred to in Article 11 § 3 occur.
Art. 540b. Reopening on request.
§ 1. Judicial proceedings concluded with a final and binding court judgment may be reopened at the request of the accused,
submitted within a final time limit of one month of the day on which he learns of the judgment issued against him, if the case
is heard in the absence of the accused, who was not served a notification of the date of the hearing or trial, or such a
notification was not served on him personally and he is able to prove that he was not aware of the date and the possibility of a
judgment being delivered in his absence.
§ 2. The provisions of § 1 do not apply in cases referred to in Article 133 § 2, Article 136 § 1 and Article 139 § 1, and also if
the defence counsel has participated in the trial or hearing.
Art. 541. Establishing the basis propter falsa.
§ 1. An offence referred to in Article 540 § 1 point 1 must be established by a final and binding sentence, unless such a
sentence cannot be passed for the reasons mentioned in Article 17 § 1 point 3-11 or in Article 22.
§ 2. In this case, a motion for the reopening of proceedings should indicate the sentence or the judgment delivered in criminal
proceedings, stating that it was impossible to pass sentence.
Art. 542. Motion for reopening, reopening ex officio.
§ 1. Proceedings may be reopened on a motion of one of the parties or ex officio.
§ 2. A motion for reopening of the proceedings may, in the event of the death of the suspect, be filed by the next of kin.
§ 3. Proceedings are reopened ex officio only if one of the violations specified in Article 439 § 1 comes to light. The
reopening of the proceedings exclusively for one of the reasons mentioned in points 9-11 may take place only in favour of the
accused.
§ 4. Reopening may not take place for the reasons mentioned in § 3, if they have already been examined in cassation
proceedings.
§ 5. It is not permissible to reopen the proceedings ex officio against the accused after one year of the date on which the
judgment became final and binding.
Art. 543. Financial claims.
§ 1. Only the court competent to rule in civil matters may reopen proceedings exclusively limited to a ruling as to property
claims arising from an offence.
§ 2. The court competent to adjudicate in civil matters applies the provisions of the Code of Civil Procedure accordingly to
the reopening of proceedings and to the proceedings following the reopening.
Art. 544. Competence of the court.
§ 1. The reopening of proceedings are decided by the circuit court, and by the appellate court in the case of the reopening of
proceedings concluded with the judgment of the circuit court. The court adjudicates in the panel of three judges.
§ 2. The reopening of proceedings concluded with the judgment of the appellate court or the Supreme Court is decided by the
Supreme Court in the panel of three judges.
§ 3. The reopening of proceedings is decided at a hearing without the participation of the parties, unless the president of the
court or the court decides otherwise.
Art. 545. Relevant application, obligatory representation by an advocate or legal advisor.
§ 1. In the proceedings for the reopening Article 425 § 2 first sentence, § 3 and 4, Articles 429, 430 § 1, Articles 431, 432,
435, 442, 456, 457 § 1 and 3, 529, 530, 532 and 538 apply accordingly, and if the proceedings are reopened in favour of the
accused, also Article 434 and Article 443.
§ 2. A motion to reopen the proceedings that does not come from the public prosecutor should be prepared and signed by a
defence counsel or attorney. Article 446 applies accordingly.
§ 3. The court, ruling in the panel of one judge, refuses to admit the motion that does not come from a person referred to in §
2 without summoning the party to remove formal defects, if from the contents of the motion, in particular based on the
circumstances that have already been considered in the proceedings for the reopening, it seems manifestly groundless. The
refusal to admit the motion is subject to the appeal to the same court adjudicating in the panel of three judges.
Art. 546. Verification of circumstances. If the court orders a verification of circumstances pursuant to Article 97, the parties
are entitled to participate in verifying procedures.
Art. 547. Types of rulings, appeals.
§ 1. A decision dismissing the petition or leaving it unexamined is subject to interlocutory appeal, unless it was issued by the
appellate court or by the Supreme Court.
§ 2. In deciding to reopen the proceedings, the court reverses the appealed judgment and refers the case to the court competent
to re-examine it. This judgment cannot be appealed.
§ 3. In reversing the appealed judgment, the court may acquit the accused by issuing a judgment if new facts or evidence
indicate that the judgment was manifestly unjust, or discontinue the proceedings. A judgment acquitting the accused or
discontinuing the proceedings are subject to an appeal.
§ 4. Judgments referred to in § 3, issued by the Supreme Court, cannot be appealed.
Art. 548. Defence counsel ex officio. If the proceedings reopened as a result of a motion filed for the accused are conducted
after his death or if there is a reason to suspend the proceedings, the president of the court appoints a defence counsel ex
officio to defend the rights of the accused, unless the petitioner has already appointed one.
Division XII. Proceedings after the judgment has become final and binding.
Chapter 57. Resumption of conditionally discontinued proceedings.
Art. 549. Initiative. On a motion of the prosecutor, the aggrieved party, the court probation officer or ex officio the court
decides on the resumption of proceedings that were conditionally discontinued.
Art. 550. Mode of adjudicating.
§ 1. The resumption of conditionally discontinued proceedings is decided by the court of first instance competent to hear the
case.
§ 2. The public prosecutor, the accused and his defence counsel, the aggrieved party and his attorney have the right to
participate in the hearing.
§ 3. A decision to leave the petition unexamined or to resume the proceedings are subject to interlocutory appeal.
§ 4. The guarantor is notified of the resumption of conditionally discontinued proceedings.
Art. 551. Proceedings after resumption. If the conditionally discontinued proceedings were resumed, the proceedings are
conducted anew on general principles before the court with jurisdiction. Article 341 § 2 second sentence applies accordingly.
Chapter 58. Compensation for wrongful conviction or use of coercive measures.
Art. 552. Right to compensation.
§ 1. The accused who, as a consequence of reopening of the proceedings or cassation was acquitted or sentenced to a more
lenient penalty, is entitled to compensation from the State Treasury for damage or injury suffered, resulting from a full or
partial penalty wrongfully served.
§ 2. The provisions of § 1 applies also if, after the reversal of a judgment of conviction, the proceedings are discontinued due
to circumstances not taken into account in the earlier proceedings.
§ 3. The entitlement to compensation for damage or injury arises also in connection with the imposition of preventive
measures under the conditions defined in § 1 and 2.
§ 4. The entitlement to compensation for damage or harm is also vested in a person wrongfully detained on remand or
arrested.
Art. 552a
§ 1. In the cases other than those mentioned in Article 552 § 1-3, the accused who has been acquitted or against whom
proceedings have been discontinued, is entitled to compensation for damage or harm resulting from the enforcement of
coercive measures referred to in Part VI.
§ 2. The accused, who has been sentenced, is entitled to compensation for damage or harm resulting from a wrongful
enforcement of preventive measures or security on property to the extent to which, due to the type or severity of penalties or
penal measures imposed, it was not possible to credit them against terms of correct measures served by the accused, or make a
full use of security on property.
§ 3. The provision of § 3 applies accordingly if the proceedings have been conditionally discontinued.
Art. 553. Exclusion of right to compensation.
§ 1. A person who, in an effort to deceive the court or the prosecution agency, submitted a false notification of an offence or
provided false explanations and thus caused the issue of an unfavourable judgment convicting, imposing detention on remand,
a preventive measure or arrest is not entitled to compensation for damage or injury.
§ 2. The provision of § 1 does not apply to persons making statements under the conditions defined in Article 171 § 4, 5 and 7
and also when the damage or injury is a consequence of an abuse of authority or a neglect of duty on the part of a public
official.
§ 3. If the accused has contributed to the issue of the judgment referred to in § 1, Article 362 of the Civil Code applies
accordingly.
§ 4. The accused is not entitled to compensation also if, before the claim has been submitted, terms of penalties, penal
measures, preventive or coercive measures wrongfully served and included in the claim for compensation had been credited
against penalties, penal measures or preventive measures imposed in other proceedings. This does not preclude the
compensation for damage or harm resulting from their enforcement.
§ 5. The provision of § 1 does not apply to persons making statements under the conditions defined in Article 171 § 4, 5 and 7
and also when the damage or harm is a consequence of an abuse of authority or a neglect of duty on the part of a State
official.
§ 6. If the accused has contributed to the issue of the judgment referred to in § 1 or § 2, Article 362 of the Civil Code applies
accordingly.
Art. 553a. Compensation amount. When establishing the amount of compensation, the court takes into consideration the
extent to which terms of penalties, penal measures, preventive or coercive measures wrongfully served and included in the
claim for compensation have been credited against penalties, penal measures or preventive measures imposed in other
proceedings.
Art. 554. Competence and panel of the court, form of ruling.
§ 1. A claim for compensation should be filed with the circuit court in whose judicial circuit the judgment was issued in the
first instance and, in the case defined in Article 552 § 4, with the court which has jurisdiction over the place where the person
detained on remand or arrested was released.
§ 2. The circuit court rules in a hearing in the panel of one judge.
§ 3. The public prosecutor is notified of the date of the hearing and served with a copy of the petition.
§ 4. The proceedings are free of any costs. If the claim has been allowed even partially, the Treasury of the State shall
reimburse the claimant for justified expenses, including the cost of one attorney.
Art. 555. Period of limitation. Claims provided for in this Chapter are subject to the statute of limitations of one year from
the day on which the judgment granting the right to compensation for damage or injury is issued and, in the case of detention
on remand - from the day on which the judgment concluding the proceedings becomes final and binding, and in case of arrest
- from the day of release.
Art. 556. Death of the accused.
§ 1. In the event of the death of the accused, the right to compensation is vested in a person, who, as a result of the execution
of penalty or imposition of a manifestly wrongful detention on remand has lost:
1) maintenance, which by virtue of law would be due from the person entitled to compensation,
2) maintenance provided by the deceased on a permanent basis, if the principles of equity speak for it.
§ 2. A claim for compensation should be filed within the time limit provided for in Article 555 or within a year of the death of
the accused.
§ 3. A party claiming compensation may appoint an attorney. Articles 78-81 apply accordingly.
§ 4. An authorisation granted to a defence counsel maintains its force as an authorisation to act in the capacity of an attorney.
Art. 557. Recourse.
§ 1. If the damage was redressed and the injury compensated, the State Treasury has recourse against those who by their
unlawful actions caused a wrongful conviction, imposition of a preventive measure, manifestly wrongful detention on remand
or arrest.
§ 2. An action concerning the claims referred to in § 1 may be filed in civil proceedings by the public prosecutor or agency
appointed to represent the State Treasury. If the public prosecutor does not find grounds for filing the claim, he issues the
relevant decision and notifies a competent authority thereof.
Art. 558. Application of the Code of Civil Procedure. In cases concerning compensation for wrongful conviction, detention
on remand or arrest, the provisions of the Code of Civil Procedure apply only to matters not regulated in this Code.
Chapter 59. Act of pardon.
Art. 560. Petition for pardon.
§ 1. A petition for pardon may be submitted by the offender himself, by a person authorised to submit appeals on his behalf,
relatives in the direct line, adopter, adoptee, siblings, spouse and a person permanently cohabiting with the offender.
§ 2. The court leaves a petition for pardon unexamined if submitted by an unauthorised person or not permissible by virtue of
law.
§ 3. A person who submits a petition for pardon may withdraw it.
Art. 561. Court of first instance.
§ 1. A petition for pardon is submitted to the court that issued the judgment in the first instance.
§ 1a. In the case of a sentence that was taken over for execution in the Republic of Poland, the petition for pardon is presented
to the court that decided that the sentence is taken over for execution in the first instance.
§ 2. The court referred to in § 1 and 1a examines the petition for pardon within two months of receipt.
Art. 562. Court panel.
§ 1. The court hears the petition for pardon in the same panel in which it ruled. If possible, the panel should be composed of
those judges and lay judges, who participated in the issue of the judgment.
§ 2. (repealed)
Art. 563. Consideration of a petition for pardon. When hearing the petition for pardon, the court takes into particular
consideration the conduct of the offender after the issue of the judgment, the extent to which the penalty has already been
served, his health and family circumstances, redress of damage caused by the offence and, most of all, extraordinary events
that have occurred after the issue of the judgment.
Art. 564. Proceedings.
§ 1. If, in the case in which the petition for pardon was submitted, the judgment was issued solely by the court of first instance
and this court issues a positive opinion, the court sends the case file or its indispensable parts to the Prosecutor General
together with the opinion. If there are no grounds for the issue of a positive opinion, the petition is left without a further
progress.
§ 2. If, in the case in which the petition for pardon was submitted, the judgment was issued by the appellate court, the court of
first instance sends to the appellate court the case file or its indispensable parts together with its opinion.
§ 3. The appellate court leaves the case without further action only when it issues a negative opinion and the same opinion has
already been issued by the court of first instance. In other cases the appellate court sends the case file together with the
opinions to the Prosecutor General.
§ 4. Positive opinions are not available to the persons referred to in Article 560.
Art. 565. Presentation of a petition to the President.
§ 1. If at least one court expresses a positive opinion with regard to the petition for pardon, the Prosecutor General presents
the petition for pardon to the President of the Republic of Poland together with the case file and his own motion.
§ 2. A petition for pardon submitted directly to the President of the Republic of Poland is referred to the Prosecutor General
for the purpose of initiating proceedings pursuant to Article 561 or Article 567.
Art. 566. Repeated petition. A repeated petition for pardon, submitted within a year from a negative decision with respect to
the previous one, may be left by the court unexamined.
Art. 567. Competences of the Prosecutor General.
§ 1. Proceedings for pardon may be initiated ex officio by the Prosecutor General, who may require that the files be presented
with the opinions of the courts, or present the case file to the President of the Republic of Poland without requesting such
opinions.
§ 2. The Prosecutor General presents the case file to the President of the Republic of Poland or initiates ex officio the
proceedings for pardon whenever the President so requests.
Art. 568. Execution of penalty. Recognising that particularly important circumstances support a pardon, especially when
justified by a short period of the penalty remaining, a court issuing an opinion or the Prosecutor General may stay execution
of penalty or interrupt execution until the conclusion of the proceedings for pardon.
Chapter 60. Cumulative sentence.
Art. 568a. Cumulative penalty.
§ 1. The court imposes a cumulative penalty:
1) in a judgment of conviction - in case of penalties for offences concerned with this judgment,
2) in a cumulative sentence - in other cases.
§ 2. Articles 575-577 apply accordingly to a cumulative penalty imposed with the judgment of conviction. If there are
conditions to impose a new cumulative penalty concerning exclusively the penalties imposed by the same judgment,
cumulative sentence shall be decided by the same court, which issued the judgment.
§ 1. If there are conditions to impose a cumulative penalty on a person convicted with final and binding judgments or
sentenced to a cumulative penalty by different courts, a cumulative sentence is issued by the court, which is the last in the first
instance to pass a sentence or a cumulative sentence imposing penalties subject to accumulation.
§ 2. If in the first instance judgments are issued by courts of different levels, a cumulative sentence is issued by the court of a
higher level.
§ 3. If a judgment of a common court coincides with the judgment of a special court, a cumulative sentence is determined by
the court that imposes a more severe penalty.
Art. 570. Initiative. A cumulative sentence is issued ex officio or on a motion of an offender or public prosecutor.
Art. 571. Gathering information.
§ 1. If necessary, the court requests penal establishment where the offender is detained to send an opinion on his behaviour
while serving the penalty, and also of his family, economic or health circumstances, as well as information on the service of
penalties imposed in individual judgments.
§ 2. A motion for a cumulative sentence submitted by the public prosecutor should contain the information referred to in § 1.
Art. 572. Discontinuation. If there are no grounds for the issue of a cumulative sentence, the court rules on the
discontinuation of proceedings.
Art. 573. Trial.
§ 1. A cumulative sentence is issued after a trial.
§ 2. The personal appearance of the offender is not mandatory, unless the court decides otherwise. Article 451 applies
accordingly.
§ 3. Article 84 § 1 does not apply.
Art. 574. Provisions concerning ordinary proceedings. In matters not regulated in this Chapter, the provisions on ordinary
proceedings before the court of first instance apply accordingly to the proceedings aimed at issuing a cumulative sentence.
Evidence is examined by the court ex officio. This does not preclude a party’s right to file motions to adduce evidence.
Art. 575. Nullity of cumulative sentence.
§ 1. If, after the issue of a cumulative sentence, it is necessary to issue a new one, at the moment of its becoming final and
binding the previous cumulative sentence becomes null and void.
§ 2. If at least one of the judgments on which the cumulative sentence is based is reversed or changed, the cumulative
sentence becomes null and void and, if necessary, the court issues a new cumulative sentence.
§ 3. The provision of § 2 applies accordingly if at least one cumulative sentence, on which the sentence referred to in this
Article, becomes null and void.
Art. 576. Execution.
§ 1. The moment the cumulative sentence becomes final and binding, verdicts subject to accumulation may not be executed in
the extent covered by the cumulative sentence.
§ 2. If the penalty imposed by the cumulative sentence is lower than the total period of cumulative penalties of imprisonment
already served, the presiding judge immediately orders the release of the offender, if he is not deprived of liberty in another
case. The cumulative sentence is attached to the order of release.
Art. 577. Initial date. If necessary, the cumulative sentence should indicate the periods credited against the cumulative
sentence.
Division XIII. Procedure in criminal cases in international relations.
Chapter 61. Immunities of the personnel of diplomatic missions and consular offices of foreign countries.
Art. 578. Diplomatic immunity. The following persons are not subject to the jurisdiction of Polish criminal courts:
1) heads of diplomatic missions of foreign countries accredited in the Republic of Poland,
2) persons of the diplomatic personnel of these missions,
3) persons of the administrative and technical personnel of these missions,
4) family members of persons mentioned in points 1-3, if they live in the same household,
5) other persons granted diplomatic immunity by law, treaties or commonly acknowledged international customs.
Art. 579. Consular immunity.
§ 1. The following persons are not subject to the jurisdiction of Polish criminal courts to the extent of activities undertaken
during or in connection with the performance of their official duties and, on a reciprocal basis, also to the remaining extent:
1) heads of consular offices and other consular officials of foreign States,
2) persons of equal status pursuant to treaties or other commonly acknowledged international customs.
§ 2. The head of the consular office and other consular officials of foreign States may be arrested or detained on remand only
if charged with an indictable offence. The Minister of Foreign Affairs is immediately notified of their arrest or detention on
remand.
§ 3. In addition to the case referred to in § 2, these persons may be deprived of liberty only as a consequence of the execution
of a final and binding judgment of a Polish court.
Art. 580. Waiver.
§ 1. The provisions of Article 578 and 579 do not apply if the sending State expressly waives immunity with respect to a
person listed in these provisions.
§ 2. With respect to functionaries of international organisations who benefit from immunity, the waiver referred to in § 1 is
issued by a competent international organisation.
Art. 581. Witness and expert.
§ 1. The persons listed in Article 578 are not obliged to testify as witnesses or act in the capacity of an expert or interpreter. It
is, however, permissible to request the consent of such persons to testify or act as an expert or witness.
§ 2. If the consent, referred to in § 1 is granted, summons served upon such persons do not contain a warning about the use of
coercive measures. If such persons fail to answer a summons or refuse to testify, coercive measures may not be applied.
Art. 582. Reference.
§ 1. Article 581 applies accordingly to the persons mentioned in Article 579, if testimonies or opinions concern circumstances
that are related to the official duties exercised by such persons and, on a reciprocal basis, also in other circumstances.
§ 2. The persons mentioned in Article 578 and 579 are not obliged to present correspondence and documents related to those
functions.
Art. 583. Search of premises.
§ 1. Premises of a diplomatic mission may be searched only with the consent of the head of this mission or of a person
temporarily fulfilling this function.
§ 2. Consular premises may be searched only with the consent of the head of the consular office, a person temporarily
fulfilling this function or the head of the diplomatic mission.
Art. 584. Exclusion of application. The provisions of Articles 578-583 do not apply to the persons mentioned therein, within
the extent of activities performed during and in connection with the fulfilment of their official duties if they are Polish citizens
or reside permanently in the Republic of Poland.
Chapter 62. Judicial assistance and service of documents in criminal matters.
Art. 585. Scope of assistance. Necessary procedures of criminal proceedings may be performed by way of judicial
assistance, and in particular:
1) the service of documents on persons residing abroad or institutions having their registered office abroad,
2) the examination of persons in the capacity of the accused, witnesses or experts,
3) conducting inspections and searches of premises, other places or persons, seizure of objects and surrender of such objects
abroad,
4) summoning persons staying abroad to a voluntary personal appearance before the court or public prosecutor to an
examination as a witness or a confrontation, as well as bringing for that purpose persons deprived of liberty,
5) the granting of access to case files and documents and information from criminal records,
6) providing information on the binding law.
Art. 586. Service on a Polish citizen.
§ 1. A request to serve a letter to a Polish citizen residing abroad, or to examine such a person as the accused, witness or
expert, is made by the court or the public prosecutor to a Polish diplomatic mission or consular office.
§ 2. If the procedure cannot be carried out in the manner specified in § 1, a request may be addressed to the court, public
prosecutor’s office or other competent authority of a foreign State. In the case of search, seizure or delivery of object, an order
issued by a court or public prosecutor to perform this procedure is attached to the request.
Art. 587. Reading of transcripts. Transcripts from inspections, examinations of persons in the capacity of the accused,
witnesses or experts made on the request of a Polish court or public prosecutor, or transcripts from other evidentiary
procedures carried out by the courts or public prosecutors of foreign States or authorities acting under their supervision, may
be read at the trial on the principles set forth in Article 389, 391 and 393, if the manner of conducting the procedure is not
contrary to the legal order of the Republic of Poland.
Art. 588. Judicial assistance.
§ 1. Courts and public prosecutors provide judicial assistance on the request of courts and public prosecutors of foreign States.
§ 2. The court and public prosecutor refuse judicial assistance and communicate their refusal to the appropriate authorities of
the foreign State, if the requested procedure is contrary to the legal order of the Republic of Poland or would infringe its
sovereignty.
§ 3. The court and public prosecutor may refuse judicial assistance, if:
1) under Polish law a requested procedure falls outside the jurisdiction of the court or public prosecutor,
2) the State that submits a request for judicial assistance does not guarantee reciprocity in this respect,
3) the request concerns an act which does not constitute an offence under Polish law.
§ 4. Trial procedures carried out on the request of the court or public prosecutor of a foreign State is governed by Polish law.
However, the request of the above authorities to apply a particular mode or form to the procedure should be honoured, if this
is not contrary to the legal order of the Republic of Poland.
§ 5. The costs of judicial assistance are established pursuant to Articles 616-619.
Art. 589. Quasi letter of safe-conduct.
§ 1. A witness or expert summoned from abroad who is not a Polish citizen, and has voluntarily appeared before the court,
may not be prosecuted, arrested or detained on remand on account of the offence for which the criminal proceedings are
conducted or any other offence committed before crossing the Polish State border, nor can a penalty be imposed on him for
such an offence.
§ 2. A witness or expert loses the protection provided for in § 1, if he does not leave the territory of the Republic of Poland
within seven days of the date on which the court declared his presence unnecessary, despite being able to do so.
§ 3. A summoned witness or expert is entitled to the reimbursement of the costs of travel and accommodation and the return
of lost earnings, while an expert - to the remuneration for the opinion made.
§ 4. A summons served on a witness or expert permanently residing abroad must contain an instruction of the contents of § 1-
3. However, a warning about the measures of coercion to be applied in case of a failure to appear is not placed therein.
Art. 589a. Examination of a person deprived of liberty in another country.
§ 1. A person deprived of liberty within the territory of a foreign State, temporarily surrendered for the purpose of testifying
as a witness or participating in another trial procedure before a Polish court or public prosecutor, the circuit court holding
jurisdiction over the place, where the procedure is to be carried out orders that person is placed in a Polish penitentiary
institution or in custody for the time of his stay in the territory of the Republic of Poland, yet no longer than the time of
imprisonment determined in the surrendering State.
§ 2. The decision of the court is not subject to interlocutory appeal.
Art. 589b. Appointment of unit.
§ 1. In preparatory proceedings, judicial assistance between Polish authorities empowered to conduct these proceedings and
competent authorities of a Member State of the European Union, or another State, if an international treaty to which the
Republic of Poland is a party allows it, or on the basis of reciprocity, may also consist in carrying out investigative procedures
within the scope of a joint investigative unit, hereinafter referred to as the “unit”.
§ 2. The unit is appointed, by way of agreement, by the Prosecutor General and competent authority of the State referred to in
§ 1, hereinafter referred to as the “co-operating State”, for the purposes of defined preparatory proceedings, for a finite period
of time.
§ 3. The agreement on the appointment of the unit should determine:
1) the subject, purpose, place and period of the co-operation,
2) the composition of the unit with the indication of its head,
3) the tasks of the unit’s individual members.
§ 4. The agreement establishing the unit may provide that a representative of an international institution created to combat
crimes may, under certain circumstances, be admitted to participate in its activities.
§ 5. The period of co-operation of the unit, indicted in the agreement on its appointment, may be extended for a specified
period of time necessary to achieve the goal of this co-operation. This extension requires the consent of all parties to the
agreement.
Art. 589c. Polish unit.
§ 1. The unit, within which co-operation is conducted in the territory of the Republic of Poland, hereinafter referred to as the
“Polish unit”, may be established in particular when:
1) in the course of preparatory proceedings conducted in the territory of the Republic of Poland and concerning an offence of
terrorism, illicit trafficking in human beings, in narcotic drugs, psychotropic substances or their precursors or another serious
offence, it is revealed that the perpetrator acted or the effects of his act occurred in the territory of another State and there is a
need to conduct investigative procedures in the territory of this State or with the participation of its authorities,
2) the subject or the object of preparatory proceedings conducted in the territory of the Republic of Poland is connected with
preparatory proceedings for an offence mentioned in point 1, conducted in the territory of another State and the majority of
investigative procedures in both proceedings should be carried out in the territory of the Republic of Poland.
§ 2. The operations of the unit are directed by a Polish public prosecutor.
§ 3. The Polish unit may be composed of other Polish public prosecutors, representatives of other authorities empowered to
conduct an investigation and functionaries of other authorities of the co-operating State, hereinafter referred to as “delegated
functionaries”.
§ 4. Procedures carried out in preparatory proceedings by a Polish unit is governed by the provisions of domestic law, subject
to § 5-8 and Article 589e.
§ 5. Delegated functionaries may attend all trial procedures executed by a Polish unit, unless in a particular case, when
justified by the protection of an important interest of the Republic of Poland or of the rights of an individual, the head of the
unit decides otherwise.
§ 6. With the consent of the parties to the agreement establishing the Polish unit, the head of this unit may entrust the
execution of a determined investigative procedure to a delegated functionary, excepting the issue of decisions provided for in
this Code. In such a case, the Polish member participates in the procedure and makes a transcript thereof.
§ 7. In case of the necessity to conduct an investigative procedure in the territory of a co-operating State, a request for judicial
assistance is submitted to a competent institution or authority by a functionary delegated by this State. Article 587 applies
accordingly to transcripts made as a result of the execution of the above request.
§ 8. Within the limits set forth in the agreement on the appointment of the Polish unit, the representative of an international
institution referred to in Article 589b § 4 has the rights defined in § 5.
Art. 589d. Delegation of a Polish member of the unit.
§ 1. A public prosecutor or representative of another authority empowered to conduct an investigation may be delegated to a
unit operating in the territory of another co-operating State in cases defined by the laws of the State on whose territory the co-
operation is taking place. Delegation is decided accordingly by the Prosecutor General or other competent authority.
§ 2. A unit member referred to in § 1, if he is a Polish public prosecutor, has the rights of a foreign public prosecutor defined
in Article 588 § 1. Article 613 § 1 does not apply.
§ 3. Institutions and authorities of the Republic of Poland other than the public prosecutor referred to in § 2, grant all
necessary assistance to a Polish member of the unit referred to in § 1, within the limits and by applying the provisions of
Polish law.
Art. 589e. Use of information.
§ 1. Information obtained by a unit member in connection with participation in its operations, unavailable in any other mode
for the State which delegated him, may be used by a competent authority of this State also for:
1) conducting criminal proceedings on its own behalf - with the consent of the co-operating State, whose institution or
authority provided the information,
2) preventing a direct, serious threat for the public safety,
3) other purposes than those specified in § 1 and 2, if the agreement on the appointment of the unit so provides.
§ 2. The consent referred to in § 1 point 1 may be withdrawn exclusively if the use of the information might be detrimental to
the interests of preparatory proceedings conducted in the co-operating State, whose institution or authority has provided the
information and also if this State might refuse mutual assistance.
Art. 589f. Responsibility for damage.
§ 1. The responsibility for the damage caused by a unit member in connection with the operations of the unit is borne by the
State, by which the unit member was delegated, on the principles defined in the laws of that State, on whose territory the unit
co-operated.
§ 2. If the damage caused to another person is the consequence of an act or omission of a unit member delegated by another
co-operating State, an amount of money equivalent to the compensation is paid temporarily to the aggrieved party by a
competent authority of the State on whose territory the unit co-operated.
§ 3. In the case referred to in § 2, the amount paid is reimbursed to the authority, by which it was paid, on its request.
Chapter 62a. Request to a Member State of the European Union for the execution of orders freezing evidence or
securing property.
Art. 589g. Scope of application, procedure of submitting a request.
§ 1. If it is discovered that objects, correspondence, messages, lists of telephone calls or other transfers of information, data
stored in an information system or on a storage device, including correspondence sent by e-mail, which can be produced as
evidence in a criminal case, or property which should be frozen to secure the enforcement of a confiscation order, are located
in the territory of another Member State of the European Union, a court competent to hear the case or the public prosecutor
may submit a request for execution of a freezing or securing order directly to a competent judicial authority of this State.
§ 2. When transmitting an order to freeze evidence, a competent court or public prosecutor simultaneously submits a request
for the transfer of such evidence to a competent judicial authority of the executing State.
§ 3. Immediately after an order to confiscate secured property, referred to in § 1, has become final and binding, a competent
court submits a request for such a confiscation to a competent judicial authority of the executing State.
§ 4. (repealed)
§ 5. A certificate containing all important information allowing its correct execution is attached to the order referred to in § 1.
§ 6. Transmitted documents should be translated into the official language of the executing State or another language
indicated by this State.
§ 7. An order and a certificate referred to in § 5, may also be transmitted by any means of electronic data transmission in the
manner allowing to establish their authenticity.
§ 8. If it is difficult to identify the competent authority of the executing State, the competent court or public prosecutor may
also address a proper unit of the European Judicial Network.
§ 9. The Minister of Justice shall define, by regulation, a form of the notification referred to in § 5, bearing in mind the
necessity of granting all necessary information to the executing State, including information about the date, until which the
evidence should remain frozen or property secured.
Art. 589h. Return of evidence. The evidence transferred is returned to the executing State immediately after it was used, if
while it was transferred its return was reserved or if it is liable to be returned to the aggrieved party or another authorised
entity residing in the territory of that State.
Art. 589i. Notification. If an order freezing evidence or securing property is lifted, a competent court or public prosecutor
immediately notifies thereof a competent authority of the Member State of the European Union.
Art. 589j. Interlocutory appeal.
§ 1. The order referred to in Article 589g § 1, issued by the public prosecutor, is subject to interlocutory appeal to the district
court in whose judicial circuit the proceedings are conducted. The time limit, within which the interlocutory appeal should be
filed, runs from the date, on which the order was served.
§ 2. Article 589g § 6 applies accordingly.
Art. 589k. Compensation.
§ 1. Where the executing State is legally responsible for an injury caused by the execution of an order freezing evidence or
securing property issued by a Polish court or a public prosecutor, the State Treasury, at the request of a competent authority of
this State, reimburses any sums paid in damages by virtue of that responsibility.
§ 2. The provision of § 1 does not apply, if the injury is exclusively due to the action or omission of an authority of the
executing State.
Art. 589ka. Application of the provisions of this Chapter. The provisions of this Chapter concerning the freezing of
evidence apply to the requests to Member States of the European Union, to which European Investigation Order does not
apply.
Chapter 62b. Request of a Member State of the European Union for the execution of orders freezing evidence or
securing property.
Art. 589l. Compensation.
§ 1. A district court of the proper venue or the public prosecutor immediately executes an order, issued by a competent
judicial authority of another Member State of the European Union, to freeze objects, correspondence, messages, lists of
telephone calls or other transfers of information, data stored in the information system or on a storage device, including
correspondence sent by e-mail, which can be produced as evidence in a criminal case, or to freeze property to secure the
enforcement of a confiscation order, if such objects, correspondence, messages, lists, data or property are located or stored in
the territory of the Republic of Poland.
§ 2. If the court or public prosecutor to which the order was addressed is not competent to action the order, it is referred to a
competent authority and a proper judicial authority of the Member State of the European Union, which submitted the order is
notified thereof.
§ 3. If the provisions of this Chapter do not provide otherwise, the execution of orders referred to in § 1 is governed by the
provisions of Polish law.
Art. 589m. Refusal to execute an order.
§ 1. The authority may refuse to execute a freezing order, referred to in Article 589l § 1, if:
1) the act in connection with which the order was issued does not constitute an offence under Polish law, unless in
accordance with the law of the issuing State the act constitutes an offence mentioned in Article 607w point 1-33, punishable
by a prison sentence, the upper limit of which is of least three years, or by another custodial measure of at least the same
period,
2) it is impossible to freeze evidence concerned with the order for practical reasons, in particular because it was lost,
destroyed or cannot be found,
3) a certificate containing all important information enabling the execution of a freezing order has not been attached to the
order, or it is incomplete or manifestly does not correspond to the freezing order,
4) from the contents of the certificate mentioned in point 3 it is instantly clear that the order transmitted for execution
concerns the same act by the same person, with respect to which criminal proceedings have already been concluded in a final
manner,
5) the execution of the order is not possible because of the refusal to produce correspondence and documents pursuant to
Article 582 § 2.
§ 2. The authority may refuse to execute the order aimed at securing property, referred to in Article 589 l § 1, if:
1) under Polish law in the case for an offence, in connection with which the order was issued, it is not permissible to secure
the confiscation of property, unless in accordance with the law of the issuing State, the act constitutes an offence mentioned in
Article 607w point 1-33, punishable by the prison sentence, the upper limit of which is of least three years, or by another
custodial measure of at least the same period,
2) in the cases mentioned in § 1 point 2-4.
§ 3. The provisions of § 1 point 1 and § 2 point 1 do not apply, if the act does not constitute an offence because Polish law
does not impose the same kind of tax or duty or does not contain a tax, duty, customs and exchange regulation of the same
kind as the law of the issuing State.
§ 4. In the case referred to in § 1 point 2, the competent court or public prosecutor, before issuing the decision to execute an
order to freeze evidence or secure property, consults the issuing authority in an effort to obtain all important information
allowing the location of such evidence or property. If the information obtained does not allow the location of the evidence or
property, the court or public prosecutor immediately notifies the competent judicial authority of the issuing State of the
impossibility of executing the order.
§ 5. In the case mentioned in § 1 point 3, the competent court or public prosecutor may set, a deadline for the presentation of
the certificate referred to in § 1 point 3 to the authority that issued the order, or the completion or correction thereof.
§ 6. If the deadline referred to in § 5 is not observed, the decision to execute the order is issued on the basis of information
obtained previously.
Art. 589n. Procedure.
§ 1. The decision on the execution of the freezing order or on securing the property referred to in Article 589 l § 1 is issued by
the competent court or public prosecutor immediately and, whenever practicable, within 24 hours of receipt of the order.
§ 2. The decision referred to in § 1 is served with the instruction of rights arising from the laws of the issuing State, referred to
in Article 589l § 1.
§ 3. The decision referred to in § 1 may be appealed by the persons whose rights were infringed. These persons may also
appeal against the procedures connected with the freezing of evidence or securing of property, without prejudice to the
appellant’s rights arising from the laws of the issuing State. In an appeal against the procedures, the appellant may demand
exclusively that the correctness of their performance be examined.
§ 4. A competent judicial authority of the issuing State is immediately notified of the appeal and of the contents of the
decision rendered after its being heard.
§ 5. Article 589g § 6 applies accordingly.
Art. 589o. Stay of execution.
§ 1. Issuing the decision on the execution of the freezing order or on securing the property, a competent court or public
prosecutor may simultaneously stay its execution, where:
1) its execution might damage an ongoing criminal proceedings - for the time necessary to secure a correct course of such
proceedings,
2) the evidence or property concerned with the order have already been frozen or seized for the purposes of other criminal
proceedings, until that freezing order or seizure is lifted.
Art. 589p. Notification.
§ 1. A competent judicial authority of the issuing State is notified immediately, if practicable within 24 hours of the receipt of
the order, of the decision on the execution of the order to freeze evidence or secure property. The notification may also be
given by any means of electronic data transmission in the manner allowing the establishment of the authenticity of transmitted
documents.
§ 2. In the cases referred to in Article 589o, the reasons for the postponement of the execution of the order and, if possible, its
expected duration should be indicated.
§ 3. The provision of § 1 applies accordingly if the reasons for the postponement of the decision referred to in Article 589o
have ceased. In such a case, the competent judicial authority of the issuing State is notified of the evidence being frozen or
property secured for the purposes of other proceedings, or about the actions undertaken in an effort to execute the decision.
Art. 589r. Particular mode or form, handing over the record of the procedure.
§ 1. When executing an order to freeze evidence or secure property, the request of the issuing authority that a particular mode
or form be applied to this procedure should be fulfilled, unless it is contrary to the legal order of the Republic of Poland.
§ 2. The record of the procedure of freezing evidence or seizing property is immediately transmitted to the competent judicial
authority of the issuing State. Article 589p § 1 second sentence applies accordingly.
Art. 589s. Time limits, lifting of order before the expiry of the deadline.
§ 1. The evidence remains frozen or property seized in order to secure the execution of confiscation order until a decision is
taken with respect to a request of the competent judicial authority of the issuing State to transfer evidence or execute a final
and binding confiscation order, respectively.
§ 2. However, in the light of the circumstances of the case, the competent court or public prosecutor may, after consulting the
competent judicial authority of the issuing State, indicate to this authority a deadline, within which the request referred to in §
1 should be submitted, after the expiry of which the freezing or seizure order may be lifted.
§ 3. Before the expiry of the deadline referred to in § 2, the competent court or public prosecutor notifies the competent
judicial authority of the executing State of its intention to lift the freezing or seizure order and gives this authority the
opportunity to present its position in writing. If this authority fails to present arguments sufficiently substantiating a further
freezing or seizure, the competent court or public prosecutor issues a decision that freezing or seizure be lifted. A copy of the
decision is served on the interested parties.
§ 4. The decision to lift the freezing or seizure order is issued also when the competent judicial authority of the issuing State
notifies of the lifting of the order. The provision of § 3 third sentence applies.
Art. 589t. Examination of a request.
§ 1. A request for the transfer of evidence or execution of a confiscation order is examined pursuant to the provisions of
Chapters 62 and 66 and of international conventions on judicial assistance in criminal matters binding on the Republic of
Poland.
§ 2. However, it is not permissible to refuse the execution of the request referred to in § 1 because of the circumstance that the
act in connection with which the order was issued does not constitute an offence under Polish law if, in accordance with the
law of the issuing State, the act constitutes an offence mentioned in Article 607w point 1-33, punishable by a prison sentence,
the upper limit of which is of least three years, or by another custodial measure of at least the same period.
Art. 589u. Compensation.
§ 1. Where the State Treasury is responsible for injury caused by the execution of an order freezing evidence or securing
property issued by a judicial authority of the Member State of the European Union, the State Treasury submits a request to a
competent authority of this State, to reimburse any sums paid in damages by virtue of that responsibility.
§ 2. The provision of § 1 does not apply, if the injury is exclusively due to the action or omission of a Polish authority.
Art. 589v. Application of the provisions of this Chapter. The provisions of this Chapter concerning the freezing of
evidence apply to the decisions of the authorities of Member States of the European Union, to which European Investigation
Order does not apply.
Chapter 62c. Request to a Member State of the European Union for the Execution of an Investigative Measure
Pursuant to European Investigation Order.
Art. 589w. Competence to issue the EIO.
§ 1. If there is a need to examine or obtain evidence, which is located or may be examined in the territory of another Member
State of the European Union, referred to in this Chapter as the “executing State”, the court before which the case is pending or
the public prosecutor conducting preparatory proceedings may issue ex officio or upon a motion of a party, defence counsel or
attorney a European Investigation Order, referred to in this Chapter as the “EIO”, unless in this Member State state the EIO is
not applied.
§ 2. If investigative or verifying proceedings referred to in Article 307 are conducted by the Police or by the authorities
referred to in Article 312, or if preparatory proceedings are conducted by the authorities referred to in Article 133 § 1 and
Article 134 § 1 of the Fiscal Criminal Code, the EIO may also be issued by the authority conducting the proceedings. The
EIO requires the approval of the public prosecutor.
§ 3. The EIO may also be issued in order to protect traces and evidence of an offence against loss, distortion or destruction.
§ 4. The decision to issue the EIO concerning surveillance and telephone tapping or recording by other technical means of
conversations and messages, including correspondence transmitted by e-mail, replaces the decision referred to in Article 237
§ 1. The provisions of Chapter 26 apply accordingly.
§ 5. The decision to issue the EIO concerning evidence, whose admission, obtaining or examination requires the issue of a
decision, replaces that decision. The provisions concerning determined actions and evidence apply accordingly.
§ 6. If the EIO was issued in connection with the activities referred to in § 4, it is transferred to the executing State, in which
the person concerned with the EIO is staying or will be staying.
§ 7. If investigative and operational activities are carried out on the basis of separate provisions, the EIO is issued by the
authority in charge of said activities upon prior agreement with the executing State of their duration and conditions of
performance. The EIO requires the approval of the public prosecutor competent on the basis of separate provisions, unless the
admission, obtaining or examination of evidence is reserved for the court. In such circumstances, the EIO requires the
approval of the court competent on the basis of separate provisions.
Art. 589x. Inadmissibility of the EIO. The issue of the EIO is inadmissible if:
1) if it is not in the interest of the administration of justice,
2) the examination or obtaining of evidence is not permissible under Polish law.
Art. 589y. Basic formal requirements.
§ 1. The EIO shall contain the following information:
1) designation of the issuing authority and the approving authority, specifying their addresses, telephone numbers, fax
numbers and e-mail addresses,
2) date and place of issue of the EIO,
3) a description of an investigative measure requested or the evidence to be obtained or the circumstances to be established as
a result of the investigative measure,
4) available information on the identity and citizenship of the person, whom the EIO concerns, as wells as his place of
residence or other address, including the address of a penal institution if applicable,
5) case number and type of the proceedings, in connection with which the EIO was issued,
6) a description and a legal qualification of a criminal act for which the proceedings are conducted,
7) a concise description of the circumstances of the case.
§ 2. The EIO shall contain a reference to a previous EIO, if there is a connection between them, specifying the date of its
issue, authority to which is was addressed and case numbers assigned both by the issuing and the executing authority.
§ 3. If the EIO is issued in order to protect traces and evidence of an offence against loss, distortion or destruction, it shall
contain information whether the traces or evidence should be transferred to the authority issuing the EIO or remain in the
executing State. If the traces or evidence is to remain in the executing State, the authority issuing the EIO shall indicate the
period, during which the evidence is to be frozen.
§ 4. The EIO shall be translated to the official language of the executing State or to another language indicated by this State.
§ 5. The EIO may also be transmitted by means of an electronic device used for the automatic transfer of data in the manner
allowing to verify its authenticity.
§ 6. The Minister of Justice shall define, by way of a regulation, the EIO form, bearing in mind the necessity of providing the
executing State with all data necessary to take the decision concerning the execution of the EIO.
Art. 589z. Temporary transfer of a person held in custody to the territory of the Republic of Poland.
§ 1. If the EIO concerns a temporary transfer to the Republic of Poland of a person held in custody in the executing State for
the purpose of carrying out an investigative measure, Article 589a applies accordingly. The court or the public prosecutor
orders a release of the person, if the executing State so requests.
§ 2. The temporarily transferred person held in custody referred to in § 1 cannot be prosecuted, arrested or detained on
remand because of an offence not specified in the EIO, committed before the crossing of the Polish state border, or serve a
penalty imposed for such an offence.
§ 3. The prohibitions indicated in § 2 do not apply to a person who, despite being able to leave the territory of the Republic of
Poland, remains there after fifteen days of the receipt of the notification from the court or the public prosecutor that his
presence is no longer required for the purpose of criminal proceedings, or, having left it, returns thereto after the lapse of the
above period.
§ 4. Before the issue of the EIO concerning a temporary transfer to the executing State of a person held in custody in the
Republic of Poland, the authority issuing the EIO hears this person.
§ 5. If the EIO concerns a temporary transfer to the executing State of a person held in custody in the Republic of Poland for
the purpose of carrying out an investigative measure, the period of custody in the territory of this state shall be credited to
imprisonment penalty ordered or served in the Republic of Poland by the person concerned with the EIO.
Art. 589za. Presence of a representative, recourse.
§ 1. The authority issuing the EIO may demand that the examination of evidence be carried out in the presence of its
representative.
§ 2. If, according to the laws of the executing State, this State compensated for a damage caused by the representative referred
to in § 1 in connection with the execution of an EIO issued or validated by the court or public prosecutor, at the request of a
competent authority of the executing State the State Treasury returns the amount of money constituting an equivalent of the
compensation paid.
Art. 589zb. Communication with another state’s authorities.
§ 1. The EIO is transmitted directly to a competent authority of the executing State. It may also be transmitted through circuit
courts, the Minister of Justice, circuit public prosecutor or the Public Prosecutor’s Office.
§ 2. If it is difficult to establish a competent court or another authority of the executing State, the court or the public
prosecutor may address organisational units of the European Justice Network.
§ 3. If the EIO should be executed by carrying out an investigative measure different from the measure specified in the
decision, the issuing authority may modify, supplement or withdraw the EIO.
§ 4. If the execution of the EIO would result in significant costs and there is no agreement with the executing State concerning
the division of such costs, the issuing authority may decide to withdraw the EIO in part or in whole or to bear these costs by
itself.
§ 5. The costs connected with a temporary transfer of a person held in custody are borne by the issuing authority.
Art. 589zc. No interlocutory appeal, exceptions.
§ 1. The decision to issue the EIO is not subject to interlocutory appeal, unless specific provisions concerning the measure
indicated in the EIO provide otherwise.
§ 2. The competent authority of the executing State shall be immediately notified of the submission of interlocutory appeal
and of the decision issued as a result of its examination.
Art. 589zd. Notification.
§ 1. In connection with the interception and recording of telecommunications ordered or approved pursuant to Article 237 § 1
and 2 with respect to a person staying in the territory of another Member State of the European Union, if it is not necessary to
issue the EIO, the public prosecutor, the Police or the authority referred to in Article 312 notifies a competent authority of that
state about the intention to carry out said actions or about the fact that they are being carried out or have been carried out
depending on when the authority has learned that the person concerned is staying in the territory of that Member State.
§ 2. Article 589y § 4 applies accordingly to the notification.
§ 3. The notification shall contain the information on:
1) the authority, which ordered the interception and recording of telecommunications,
2) the interception and recording of telecommunications, and in particular the period, for which it was ordered,
3) the person concerned with the interception and recording of telecommunications.
§ 4. The Minister of Justice shall define, by way of a regulation, the form of the notification referred to in § 1, bearing in mind
the necessity of providing a Member State of the European Union with the information about the possibility of carrying out
procedures in the territory of that state and using in criminal proceedings the evidence thus obtained.
Chapter 62d. Request of a Member State of the European Union for the Execution of an Investigative Measure
Pursuant to European Investigation Order.
Art. 589ze. Competence.
§ 1. If a Member State of the European Union, referred to in this Chapter as the “issuing State”, requests the execution of a
European Investigation Order, referred to in this Chapter as the “EIO”, the decision concerning the execution is issued by the
public prosecutor or by a district court, in whose circuit the evidence is located or shall be examined.
§ 2. If the admission, obtaining or examination of evidence is reserved for the competence of the court or requires a court’s
decision, the decision referred to in § 1 is issued by the court.
§ 3. The circuit court is competent in the matter of issuing the decisions to execute the EIO concerning a temporary transfer to
the issuing State of a person held in custody for the purpose of conducting an investigative measure. Before the issue of the
decision, the person concerned shall be heard.
§ 4. The circuit court is competent in the matter of issuing the decisions to execute the EIO concerning a temporary transfer to
the Republic of Poland of a person held in custody for the purpose of conducting an investigative measure.
§ 5. If the court or the public prosecutor, to whom the EIO has been addressed, is not competent to process it, it refers the EIO
a competent court or public prosecutor and notifies thereof a relevant court or other authority of the issuing State, referred to
in this Chapter as the “issuing authority”.
§ 6. If the EIO has been issued by an unauthorised authority of the issuing State, it shall be returned unexecuted and the
authority shall be informed of the reasons for the return.
§ 7. The decision to execute the EIO is not subject to interlocutory appeal, unless a specific provision concerning the
performance of a procedure identical with the procedure indicated in the EIO provides otherwise. In the appeal, the appellant
may only demand the examination of the compliance of the decision to execute the EIO with Polish law and the correctness of
its execution.
§ 8. The issuing authority shall be notified immediately about the submission of interlocutory appeal and about the ruling
passed as a result of its examination.
§ 9. If, in accordance with a specific provision, the disclosure of information in connection with pending proceedings
concerning an offence or a fiscal offence requires a request from a court or a public prosecutor, the EIO with a final and
binding decision on its execution replaces such request.
§ 10. The decision on the execution of the EIO for the interception and recording by means of technical devises of
telecommunications and messages, including e-mail correspondence, replaces the decision referred to in Article 237 § 1.
Articles 237 § 3-7, Article 238 § 1 and 2, Article 239 § 1 and Article 241 apply accordingly.
Art. 589zf. Performance of investigative measure.
§ 1. If the EIO concerns a temporary transfer to the Republic of Poland of a person held in custody for the purpose of
performing an investigative measure, Article 589a applies accordingly. The court or the public prosecutor orders a release of
the transferred person, if the issuing State so requests. The court or the public prosecutor informs the issuing authority about
the actual period, during which the transferred person was deprived of liberty.
§ 2. The temporarily transferred person held in custody referred to in § 1 cannot be prosecuted, arrested or detained on
remand because of an offence not specified in the EIO, committed before the crossing of the Polish state border, or serve a
penalty imposed for such an offence.
§ 3. The prohibitions indicated in § 2 do not apply to a person who, despite being able to leave the territory of the Republic of
Poland, remains there after fifteen days of the receipt of the notification from the court or the public prosecutor that his
presence is no longer required, or, having left it, returns thereto after the lapse of the above period.
§ 4. If the EIO concerns a temporary transfer to the issuing State of a person held in custody for the purpose of carrying out an
investigative measure, the period of custody in the territory of this state shall be credited to imprisonment penalty ordered or
served in the Republic of Poland by the person concerned with the EIO.
Art. 589zg. Maximum time limit for the decision on the EIO.
§ 1. The court or the public prosecutor rules on the execution of the EIO as soon as possible, no later than within thirty days
of its receipt.
§ 2. If the time limit indicated in § 1 cannot be observed, the decision on the execution of the EIO should be issued within
thirty days following the lapse of time limit indicated in § 1. The issuing authority shall be informed of the delay, the reason
for the delay and of the expected date of issue of the decision concerning the EIO.
Art. 589zh. Time limit for the examination of evidence.
§ 1. If the evidence indicated in the EIO has not yet been gathered, the court or the public prosecutor gathers this evidence
immediately after the issue of the decision on the execution of the EIO, however not later than within ninety days of the issue
of the decision. If the issuing authority specified the time limit, within which the evidence should be gathered, if possible, the
court or the public prosecutor observes this time limit.
§ 2. If the time limit referred to in § 1 cannot be observed, the issuing authority shall be informed of the delay, the reason for
the delay and of the expected date of gathering of the evidence.
Art. 589zi. Compliance with formalities and procedures.
§ 1. If the provisions of this Chapter do not provide otherwise, the execution of the EIO is governed by Polish law. However,
a request of the issuing authority that a specific procedure or a particular form be applied to the performance of an
investigative measure shall be fulfilled, if it is not contrary to the legal order of the Republic of Poland.
§ 2. If the investigative measure indicated in the EIO is not available under Polish law or would be inadmissible in similar
domestic circumstances, the court or the public prosecutor notifies thereof the issuing authority setting a time limit, within
which the EIO should be changed, supplemented or withdrawn and indicates an alternative investigative measure compliant
with the EIO’s objective. After the lapse of the time limit the court or the public prosecutor rules on the execution of an
alternative investigative measure. If an alternative measure cannot be identified, the court or the public prosecutor refuses to
execute the EIO.
§ 3. An alternative investigative measure is not carried out if the EIO concerns:
1) evidence already in possession of the court or the public prosecutor,
2) information obtained from registers and data bases available to the court or the public prosecutor executing the EIO,
3) hearing of a person in the territory of the Republic of Poland,
4) evidence, whose admission, obtaining or examination does not require a decision,
5) identification of a telephone subscriber or an IP address.
§ 4. In the cases indicated in § 3, the measure specified in the EIO shall be performed.
§ 5. If the evidence indicated in the EIO may be obtained by applying an alternative investigative measure, less burdensome
for the person concerned with the EIO, the court or the public prosecutor notifies thereof the issuing authority setting a time
limit, within which the EIO should be changed, supplemented or withdrawn. After the lapse of the time limit the court or the
public prosecutor rules on the execution of an alternative investigative measure.
§ 6. If the EIO contains a request for an investigative and operational measure, the relevant Polish services and the services of
the issuing State shall agree on the duration and the conditions of the measure. The execution of the EIO may be refused if the
information on the agreement is missing and the issuing authority does not provide this information within the time limit
indicated by the court or the public prosecutor. The execution of the EIO shall be refused if the investigative measure
indicated in the EIO would be inadmissible in similar domestic circumstances.
§ 7. The time limit specified in Article 589zg § 1 is not running, until the receipt of the information or the expiry of the time
limit referred to in § 6.
Art. 589zj. Refusal to execute.
§ 1. The execution of an EIO shall be refused if:
1) the court or the public prosecutor has not obtained a necessary permission to carry out an investigative measure with the
participation of a person indicated in the EIO,
2) a final and binding judgment has been passed in a Member State of the European Union against the prosecuted person
concerning the same criminal acts as indicated in the EIO and, in case of a judgment of conviction, the prosecuted person is
serving the penalty, has served the penalty or the penalty cannot be served in accordance with the laws of the state, where the
judgment of conviction has been issued,
3) the execution of the EIO may expose to danger a public official performing investigative activities or a person assisting a
public official in the performance of such activities,
4) the EIO requires a conduct of a witness hearing concerning circumstances, whose examination is inadmissible under the
law,
5) the execution of the EIO would violate human and citizen’s rights and freedoms,
6) a requested measure would pose a threat to the national security,
7) the EIO concerns a temporary transfer to the state, where the judgment would be issued, of a person held in custody and
the execution of the EIO would result in the extension of the period of deprivation of liberty with respect to this person.
§ 2. The execution of an EIO may be refused if:
1) the act for which the EIO has been issued, other than the act indicated in Article 607w, does not constitute an offence
under Polish law,
2) the act, for which the EIO has been issued, has been committed, in whole or in part, in the territory of the Republic of
Poland or aboard a Polish vessel or aircraft and is not an offence under Polish law,
3) the execution of the EIO would result in the disclosure of confidential information acquired during the performance of
investigative activities or in connection with their performance,
4) under Polish law, the investigative measure indicated in the EIO cannot be carried out in connection with the offence, for
which the EIO has been issued,
5) under Polish law, the investigative measure indicated in the EIO cannot be carried out in the proceedings, in which the
EIO has been issued,
6) the EIO concerns a temporary transfer of a person held in custody to the Republic of Poland or to the state, where the
judgment will be issued, and this person does not consent to it,
7) the EIO concerns an examination by means of technical devices allowing to carry out this procedure remotely with a
simultaneous transmission of vision and sound and the accused, who is to be examined, does not consent to it,
8) the EIO concerns an examination of persons referred to in Article 179 § 1 or Article 180 § 1 and 2 as to circumstances
indicated in these provisions.
§ 3. Paragraph 2 point 1 and 2 does not apply, if the act is not an offence under Polish law due to lack or a different regulation
of dues, taxes, duties or foreign exchange transactions.
§ 4. In the case mentioned in § 2 point 8 the court, acting ex officio or on public prosecutor’s request, rules on the release of
the persons indicated in § 2 point 8 from the duty of confidentiality. Article 179 and Article 180 § 1-4 apply.
§ 5. Before the issue of the decision to refuse the execution of the EIO for the reasons mentioned in § point 1-6 or § 2 point 2,
3 and 8, the court or the public prosecutor consults the issuing authority in order to let it change or supplement the EIO.
§ 6. The execution of the EIO cannot be refused for the reasons indicated in § 2 point 1 and 4, if it concerns investigative
measures specified in Article 589zi § 3.
Art. 589zk. Postponement of execution.
§ 1. A competent court or public prosecutor may decide to postpone the execution of the EIO for a necessary period of time if:
1) its execution might be prejudicial to a pending criminal proceeding;
2) objects, documents or data are being used in other proceedings.
§ 2. As soon as the ground for postponement has ceased to exist, a competent court or public prosecutor shall forthwith take
the necessary measures for the execution of the EIO and inform the issuing authority thereof.
Art. 589zl. Confirmation of receipt.
§ 1. The court or the public prosecutor confirms the receipt of an EIO immediately, in any case not later than within a week of
its receipt.
§ 2. The confirmation referred to in § 1 shall identify the authority, which received the EIO or to which the EIO was passed in
accordance with competence.
§ 3. The Minister of Justice shall define, by way of a regulation, a form of the confirmation of receipt of an EIO, bearing in
mind the necessity of providing the issuing State with full information on the receipt of the EIO.
Art. 589zm. Information requirements.
§ 1. The court of the public prosecutor immediately notifies the issuing authority about:
1) the impossibility of issuing a decision on the EIO because of the incompleteness or incorrectness of the EIO form,
2) its belief that it may be expedient to conduct investigative measures not mentioned in the EIO or measures, which could
not have been mentioned in the EIO at the time of its issue,
3) the impossibility of fulfilling formalities and procedures indicated in the EIO,
4) every case of the refusal to execute the EIO or about the decision to conduct an alternative investigative measure pursuant
to Article 589zi § 2 or 5,
5) every case of postponement of the execution of the EIO, the reasons for the postponement and its period,
6) the annulment or the expiry of the security applied in accordance with Article 589zq.
Art. 589zn. Request for the withdrawal.
§ 1. If there is doubt if the issue of the EIO was justified or expedient or if a given investigative measure would be legal in the
state, where the verdict would be issued, a competent court or public prosecutor consults the issuing authority and, if the
interest of the administration of justice so requires, request that the EIO be withdrawn.
§ 2. Paragraph 1 applies accordingly if there are doubts as to the authenticity of the documents necessary for the execution of
the EIO or technical obstacles rendering its execution impossible.
Art. 589zo. Presence of a representative.
§ 1. At a request of the issuing State, a representative of the issuing authority will be allowed to attend the procedure indicated
in the EIO, if it is not contrary to the legal order of the Republic of Poland and does not pose a threat to the national security.
§ 2. The representative referred to in § 1 may, with the consent of the court or the public prosecutor, ask determined questions
or otherwise participate in the gathering of evidence.
§ 3. The representative referred to in § 1 shall be considered a public official within the meaning of the Criminal Code.
§ 4. If the State Treasury was held liable for a damage caused by the representative referred to in § 1, it will request the
issuing authority to return the amount equivalent to the compensation paid.
Art. 589zp. Transfer of evidence.
§ 1. The evidence obtained as a result of the execution of the EIO shall be immediately transferred to the issuing State. In the
case specified in Article 589zo § 1 the evidence may, at a request of the issuing State, be transferred to a representative of the
issuing authority.
§ 2. When transferring the evidence obtained as a result of the execution of the EIO, the court or the public prosecutor may,
upon consultation with the issuing authority, demand that it be returned.
Art. 589zq. Urgent execution of the EIO.
§ 1. If the EIO was issued in order to prevent traces and evidence of an offence from loss, distortion or destruction, a
competent court or public prosecutor rules on the execution of the EIO within twenty-four hours of its receipt and, if it is not
possible, immediately after the lapse of this period. In accordance with the request of the issuing State, the court or the public
prosecutor transfers the evidence to the issuing State or keeps it for the period indicated by the issuing State.
§ 2. Upon consultation with the authority, which issued the EIO, the court or the public prosecutor may decide to shorten the
period, during which the evidence will be secured against loss, distortion or destruction.
Art. 589zr. Costs of execution of the EIO.
§ 1. The costs connected with the execution of the EIO shall be borne by the State Treasury. In justified cases, the court or the
public prosecutor may request the issuing State for the reimbursement of all or some of anticipated costs or for the change of
the EIO.
§ 2. The costs connected with a temporary transfer of a person held in custody shall be borne by the issuing State.
Art. 589zs. Transport permit.
§ 1. At a request of a member State of the European Union the Minister of Justice grants a permit for the transport through the
territory of the Republic of Poland of a person held in custody temporarily transferred to another state.
§ 2. The request for the permit shall specify:
1) the requesting authority,
2) date and place of issue of the EIO,
3) identity and citizenship of the transferred person,
4) the investigative measure, for the purpose of which the person is temporarily transferred.
§ 3. In case of a transfer by air without a planned landing it is sufficient to notify the Minister of Justice about the transfer of a
person held in custody above the territory of the Republic of Poland. However, in case of an emergency landing, the state,
which submitted the request, shall immediately supply the data referred to in § 2.
§ 4. If it is justified by the length of stay on the territory of the Republic of Poland of a person held in custody and transported
through this territory for the purpose of temporary transfer, Article 589zf shall apply accordingly.
Art. 589zt. Information.
§ 1. If, instead of an EIO, the authority of a member State of the European Union informed about the intent to intercept, or
about having intercepted and recorded telecommunications, the public prosecutor, directly or through a competent Police
commander, notifies this authority about the admissibility of:
1) the procedure, bearing in mind Article 237 § 3-4 and Article 238 § 1 and 2,
2) using thus obtained evidence in criminal proceedings.
§ 2. The information referred to in paragraph 1 shall be provided within ninety six hours of the receipt of the notification.
Chapter 63. Taking over and transfer of criminal prosecution.
Art. 590. Taking over the prosecution.
§ 1. In a case concerning an offence committed abroad by:
1) a Polish citizen,
2) a person permanently residing in the territory of the Republic of Poland,
3) a person who is serving or will be serving a penalty of imprisonment in the Republic of Poland,
4) a person against whom criminal proceedings were initiated in the Republic of Poland,
- the Minister of Justice, if the interest of the administration of justice so requires, submits a request to the competent
authority of a foreign State to transfer the prosecution or may accept such a request from a competent authority of a foreign
State.
§ 2. Taking over the criminal prosecution is considered to be the initiation of criminal proceedings pursuant to Polish law.
§ 3. If taking over of the prosecution is connected with the transfer of a detainee by a foreign State, Article 598 applies.
§ 4. Article 587 applies accordingly to evidence gathered abroad before taking over of the prosecution, even if evidentiary
proceedings have not been carried out at the request of a Polish court or public prosecutor.
§ 5. The Minister of Justice notifies the competent authority of a foreign State about the manner, in which the proceedings
were concluded.
Art. 591. Request to take over the prosecution.
§ 1. In case of an offence committed by a foreign citizen in the territory of the Republic of Poland, the Minister of Justice, if
the interest of the administration of justice so requires, submits ex officio or on the initiative of the court or public prosecutor,
to a competent authority of the State:
1) of which the prosecuted person is a citizen,
2) in which the prosecuted person permanently resides,
3) in which the prosecuted person is serving or will serve the penalty on imprisonment,
4) in which criminal proceedings were instituted against the prosecuted person,
- a request to take over the prosecution or may accept such a request from a competent authority of a foreign State.
§ 2. If the aggrieved party is a Polish citizen, the request to take over the prosecution may be submitted exclusively with his
consent, unless obtaining such consent is not possible.
§ 3. Before the request referred to in § 1 is submitted, or a decision with respect to such a request filed by an authority of a
foreign State is taken, the competent authority allows a prosecuted person staying in the territory of the Republic of Poland, to
express his position orally or in writing on taking over the prosecution.
§ 4. If a request for the transfer of a prosecution concerning a person detained on remand in the territory of the Republic of
Poland is granted, the Minister of Justice asks the competent authority to immediately undertake steps aimed at handing over
and transferring such a person to the authorities of a foreign State. Case files are transferred together with the person, unless
they have not been transferred before with the request.
§ 5. The Minister of Justice addresses the competent authority of a foreign State, requesting information about the manner, in
which the proceedings were concluded.
§ 6. The transfer of a criminal prosecution is deemed to be a discontinuation of criminal proceedings pursuant to Polish law.
This does not preclude new criminal proceedings in case the prosecution is abandoned abroad without legal grounds.
Art. 592. Consultations, taking over the prosecution in particular circumstances.
§ 1. If criminal proceedings were initiated in the Republic of Poland and in a foreign State with regard to the same act of the
same persons, the Minister of Justice consults the competent authority of the foreign State and, if the interest of the
administration of justice so requires, submits a request for taking over or transfer of criminal proceedings. Article 590 § 2-5
and Article 591 § 2-6 apply accordingly.
§ 2. If on the basis of an international treaty, to which the Republic of Poland is a party, criminal proceedings were initiated in
the Republic of Poland for an offence committed abroad, the Minister of Justice may submit a request to the competent
authority of a foreign state to take over prosecution regardless of the fact whether a prosecution of the same act was initiated
in the foreign state. Article 591 § 2, 5 and 6 applies accordingly.
§ 3. In the event of an offence committed abroad by a Polish citizen staying abroad, if the interest of the administration of
justice so requires, the Minister of Justice may submit a request to a competent authority of a foreign state that prosecution be
taken over by the authorities of that state. Article 591 § 2, 5 and 6 applies accordingly.
Art. 592a. Request to provide information about the proceedings.
§ 1. In case of the circumstances indicated in Article 590 § 1, Article 591 § 1 or other circumstances leading to the belief that
parallel criminal proceedings were initiated in the Republic of Poland and in another Member State of the European Union
with regard to the same act of the same persons, the court or the public prosecutor submits a request to provide information
about these proceedings to the competent court or another authority of a Member State of the European Union.
§ 2. In the event of difficulties in establishing a competent court or another authority of a Member State of the European
Union, the court or the public prosecutor may also address competent units of European Judicial Network.
§ 3. The provision of § 1 does not apply if the information on the ongoing criminal proceedings in another Member State of
the European Union was acquired ex officio.
Art. 592b. Response to a request.
§ 1. If a request to provide information was submitted by a court or another authority of a Member State of the European
Union, whether criminal proceedings are being conducted with regard to the same offence committed by the same person, the
court or the public prosecutor responds within the deadline set by this authority. If such a deadline has not been set or if the
accused is deprived of liberty, the court or the public prosecutor responds immediately.
§ 2. If the deadline referred to in § 1 first sentence is not met, the court or the public prosecutor immediately notifies the court
or another authority of a Member State of the European Union of the reasons thereof and indicates the deadline within which
it will provide the requested information.
§ 3. If the court or the public prosecutor to whom the request was addressed is not competent to action it, he will refer it to a
competent court or public prosecutor and notify thereof the court of other authority of a Member State of the European Union.
Art. 592c. Consultations.
§ 1. If parallel criminal proceedings were initiated in the Republic of Poland and in another Member State of the European
Union with regard to the same act of the same persons, the court or the public prosecutor consults the competent court or
another authority of a Member State of the European Union and, if the interest of the administration of justice so requires,
submits a request for taking over or transfer of criminal proceedings. Articles 590-592 apply accordingly.
§ 2. In the course of consultation, the court or the public prosecutor transmits information about preventive measures applied
in the proceedings to the court or another authority of a Member State of the European Union, as well as other information
requested by the competent authority.
§ 3. The court or the public prosecutor shall not provide information, if it could harm the security of the Republic of Poland or
jeopardise the life or health of a participant to the proceedings.
Art. 592d. Eurojusts's opinion.
§ 1. If, as a result of consultations referred to in Article 592c § 1, it has not been agreed which Member State should take over
the prosecution, the court or the public prosecutor may, in the case of an offence falling within its jurisdiction, submit a
request to Eurojust for assistance in deciding which State may take over the prosecution.
§ 2. After the opinion of Eurojust was obtained, the court or the public prosecutor, if the interest of the administration of
justice so requires, submits a request for taking over or transfer of criminal prosecution. Articles 590-592 apply accordingly.
Art. 592e. Obligation to notify the court. In the cases mentioned in Article 592c § 1 and Article 592d § 2, the court or the
public prosecutor notifies the court or other authority of a Member State of the European Union of the manner, in which the
proceedings were concluded.
Art. 592f. Continuity of proceedings. The request referred to in Article 592a, as well as consultations, referred to in Article
592c, do not halt the criminal proceedings.
Chapter 64. Request for extradition or transport of prosecuted or sentenced persons staying abroadand for surrender
of objects.
Art. 593. Submission of requests. The courts and public prosecutors, through the intervention of the Minister of Justice,
submit requests to a foreign State to surrender a person, against whom criminal proceedings were instituted, to surrender a
person with the purpose of conducting judicial proceedings or serving a penalty of imprisonment imposed by a court
judgment, to transport a prosecuted or sentenced person through the territory of a foreign State and to hand over from the
territory of a foreign State material evidence or items acquired by the offender as a result of the offence.
Art. 594. Attachments to a request.
§ 1. A certified copy of the decision to impose detention on remand with the statement of reasons explaining the factual
circumstances and legal grounds for the prosecution are attached to the request.
§ 2. In the event of a final and binding judgment imposing a penalty of imprisonment, a certified copy of such a judgment is
attached instead of the decision referred to in § 1.
§ 3. Article 280 § 1 point 2 applies accordingly.
Art. 595. Urgent cases. In urgent cases, the court or the public prosecutor may directly address a competent authority of a
foreign State, requesting the detention on remand or arrest of a person, against whom a request for extradition is to be
submitted and submits the request pursuant to Article 593 and 594 immediately thereafter.
Art. 596. Limitations. An extradited person may not be, without the consent of a surrendering State, prosecuted, sentenced or
deprived of liberty for an offence committed prior to his extradition other than that for which he was surrendered.
Art. 597. Limitations. If, while extraditing a person, it is a condition that he will only serve those penalties in connection
with which he was surrendered, the court which issued the final and binding judgment in the case issues in a hearing a
judgment changing the previous judgment in such a manner, so that the penalties be served only for those offences in
connection with which the offender was extradited. The public prosecutor and extradited person may participate in the
hearing. Article 451 applies accordingly.
Art. 598. Beginning of the term of detention on remand.
§ 1. The deadlines provided for in Article 263 run with respect to the extradited person from the moment, when this person
was taken over by competent authorities in the territory of the Republic of Poland.
§ 2. The provision of Article 265 applies also if the arrest has taken place abroad.
Art. 599. Exclusion of limitations. If a person surrendered by a foreign state does not leave the territory of the Republic of
Poland without a justified reason within 45 days of the date, when the proceedings were concluded in a final manner, and in
the case of a guilty sentence - of the date when the penalty was served or remitted or if, after having left the territory of the
Republic of Poland he returns thereto, the limitations arising from Article 596 and 597 do not apply.
Art. 600. Copy of the judgment. After a final and binding judgment was issued against a person surrendered by a foreign
state, the court sends a copy of the judgment to the Minister of Justice, who transfers it to a competent authority of a foreign
state. Article 157 § 2 applies accordingly.
Art. 601. Return of objects and evidence. Objects obtained as a result of an offence, surrendered by a foreign state, are
returned if their return was reserved while they were surrendered. Material evidence is treated in the same way.
Chapter 65. The surrender and transport of prosecuted or sentenced persons and surrender of objects on a motion of
foreign States.
Art. 602. Course of procedures.
§ 1. (repealed)
§ 2. If an authority of a foreign State submits a motion for the surrender of a prosecuted person for the purpose of conducting
criminal proceedings or executing a penalty or a preventive measure against him, the public prosecutor examines such a
person and, if necessary, secures evidence located in Poland and subsequently refers the case to a competent circuit court.
§ 1. The circuit court issues a decision in a hearing as to the motion of a foreign State. Before the decision is issued, the
prosecuted person should be allowed to provide explanations either orally or in writing, and in case of a motion to surrender a
person for the purpose of conducting criminal proceedings, on a justified motion of this person, evidence located in Poland
should be taken.
§ 2. The public prosecutor and the defence counsel may participate in the hearing.
§ 3. If the court has issued a decision on the inadmissibility of the surrender, the surrender does not take place.
§ 4. The decision of the court with respect to surrender is subject to interlocutory appeal.
§ 5. The court refers the final and binding decision together with case files to the Minister of Justice who, after the motion
was examined, informs the competent authority of the foreign State of the outcome.
Art. 603a. Motion of a foreign State to apply detention on remand.
§ 1. If an international treaty to which the Republic of Poland is a party so provides, a motion of a foreign State to apply
detention on remand with respect to the prosecuted person supplants a motion for surrender.
§ 2. In the case referred to in § 1, during the examination the public prosecutor informs the prosecuted person of the
possibility to consent to the surrender or the possibility to consent to the surrender and waives the use of limitations defined in
Articles 596 and 597. If the prosecuted person expresses a wish to make such a declaration, the public prosecutor refers the
case to the circuit court, in whose circuit the proceedings are conducted.
§ 3. The court decides on detention on remand of the prosecuted person, accepts the declaration of the consent for surrender
or of the consent for surrender connected with the waiver of the limitations defined in Articles 596 and 597 and issues the
decision on the admissibility of surrender.
§ 4. The consent of the prosecuted person, together with the waiver, cannot be withdrawn, of which fact the prosecuted person
should be advised.
§ 5. The court immediately refers the final and binding decision with the case files to the Minister of Justice who decides
upon the surrender.
§ 6. If the declaration referred to in § 3 is not made or the court finds that the circumstances referred to in Article 604 § 1
occur, or if a hearing is postponed for a period not exceeding seven days, Articles 602 § 2, 603 and 605 apply.
Art. 604. Inadmissibility of surrender.
§ 1. Surrender is not permissible if:
1) the requested person is a Polish citizen or was granted a right of asylum in Poland,
2) the act has no features of a prohibited act or the law provides that the act does not constitute an offence or the perpetrator
did not commit an offence or is granted an absolute discharge,
3) the statute of limitations of the offence has expired,
4) criminal proceedings concerning the same act by the same person were concluded in a final manner,
5) it would be contrary to Polish law,
6) there is a justified concern that, in the requesting State, the surrendered person may be sentenced to a death penalty or that
such a penalty may be carried out,
7) there is a justified concern that, in the State requesting the surrender, the freedoms and rights of the surrendered persons
may be violated,
8) it concerns a person prosecuted for a political offence committed without the use of violence.
§ 2. Surrender may be refused if:
1) the requested person resides permanently in the Republic of Poland,
2) the offence was committed in the territory of the Republic of Poland or on a Polish aircraft or vessel,
3) criminal proceedings are pending with respect to the same act committed by the same person,
4) the offence is prosecuted by private accusation,
5) according to the law of the State which submitted a motion for surrender, the offence carries a penalty of imprisonment of
up to one year or a more lenient penalty or a requested person was sentenced to such a penalty,
6) the offence, in connection with which the surrender is requested, is of either military or fiscal nature, or of a political
nature other than that defined in § 1 point 8.
7) the State, which submits a motion for surrender does not ensure reciprocity.
§ 3. In the cases indicated in § 1 point 4 and § 2 point 3, examination of the motion may be postponed until criminal
proceedings against the same person were concluded in Poland or the penalty imposed on this person was served or remitted.
Art. 605. Detention on remand.
§ 1. If a motion for surrender concerns an offence, whose perpetrator is subject to surrender, the circuit court may issue a
decision ex officio or on the motion of the public prosecutor that such a person is detained on remand. Article 263 applies
accordingly.
§ 2. Before a motion for surrender is submitted, the court may issue a decision imposing detention on remand on the
prosecuted person for a period not exceeding 40 days, if the authority of the foreign state so requested and assured that in that
state a final and binding judgment of conviction was issued with regard to such a person or a decision imposing detention on
remand was issued.
§ 3. The decision of the court on detention on remand is subject to interlocutory appeal.
§ 4. The Minister of Justice of the Republic of Poland, as well as the diplomatic mission or consular office or prosecution
authority of a foreign state is informed of the day, on which the detention of remand was imposed.
§ 5. If the information contained in the motion for surrender is not sufficient and the court or the public prosecutor demands
that it be supplemented, and the foreign state does not send all necessary documents or information to the authority which
made the demand, within a month of the day of service of the demand, the decision on detention on remand is annulled.
§ 6. If the surrender is refused, the foreign state withdraws the motion for surrender or detention on remand or if the authority
of a foreign state, notified of the time and place of surrender of the requested person fails to take custody of such a person
within seven days of the indicated date of surrender, the detainee is released, unless he is deprived of liberty in another case.
Art. 605a. International Criminal Police Organisation database.
§ 1. The arrest of a wanted person may also be carried out on the basis of information on wanted persons placed in the
database of International Criminal Police Organisation or the Schengen Information System. The provisions of Articles 244-
246 and Article 248 apply.
§ 2. Before a motion for detention on remand of a wanted person is submitted to the Republic of Poland, the court may detain
such person on remand for a period not exceeding seven days, if a competent authority of a foreign State so requests by
making an entry in the International Criminal Police Organisation database or in Schengen Information System guarantying
that a final and binding judgment of conviction was issued against the wanted person or that another decision was issued
constituting basis for deprivation of liberty and, in case of registration in the International Criminal Police Organisation
database, that a foreign state will request such person’s surrender.
Art. 606. Permission for transport.
§ 1. Permission for the transportation of a prosecuted person through the territory of the Republic of Poland is granted by the
Minister of Justice. Articles 594, 604 and 605 apply accordingly.
§ 2. If the transportation is to be carried out by air without a scheduled landing, a notification to the Minister of Justice of the
transportation of the prosecuted person over the territory of the Republic of Poland is sufficient.
Art. 607. Surrender of objects.
§ 1. Motions of a foreign State, concerning the surrender of objects constituting material evidence or acquired as the result of
an offence is resolved by the public prosecutor or the court, depending on who has had these objects placed at their disposal.
Article 588 § 2 and 4 applies accordingly.
§ 2. The decision on the surrender of objects should specify the items to be surrendered to the foreign State and indicate those
items, which are subject to return at the conclusion of criminal proceedings conducted by the authorities of the foreign State.
Chapter 65a. Motion to a European Union Member State for the surrender of a requested person pursuant to a
European arrest warrant.
Art. 607a. European arrest warrant. If it is suspected that a person prosecuted for an offence falling under the jurisdiction
of Polish criminal courts may be staying in the territory of a Member State of the European Union, a local circuit court, on a
motion of the public prosecutor, or ex officio or on a motion of a competent district court in court and enforcement
proceedings, may issue a European arrest warrant, referred to in this Chapter as a “warrant”.
Art. 607b. Inadmissibility of issue. It is not permissible to issue a warrant, if it is not in the interest of the administration of
justice. In addition, it is not permissible to issue a warrant:
1) in connection with criminal proceedings conducted against the requested person for an offence carrying a penalty of
imprisonment of up to a year,
2) for the purpose of executing a penalty of imprisonment of up to four months or any other measure involving the
deprivation of liberty not exceeding four months.
Art. 607c. Form of the warrant.
§ 1. The warrant includes:
1) the denomination of the issuing court with an indication of its address, telephone number, fax number and e-mail address,
2) the date and place of issue of the warrant,
3) the identity details and citizenship of the requested person,
4) the case number, type and contents of the final and binding or enforceable judicial decision in connection with which the
warrant was issued,
5) a description and legal classification of the offence,
6) the prescribed upper limit of the penalty of imprisonment for the offence with which the proceedings are concerned, or the
penalty of imprisonment or other measure involving the deprivation of liberty imposed,
7) a brief description of the circumstances under which the offence was committed,
8) an indication of other consequences of the offence, not covered by its legal features.
§ 2. The warrant should be translated into the official language of the executing State.
§ 3. The Minister of Justice shall define by way of a regulation the form of the warrant, bearing in mind the necessity of
providing the Member State of the European Union to which it is addressed, the necessary information to make a correct
decision with respect to the surrender of the requested person.
Art. 607d. Sending a warrant to the executing State.
§ 1. If it is suspected that the requested person may be staying in the territory of a Member State of the European Union but
his location is unknown, the public prosecutor and, in the court and enforcement proceedings, the circuit court that issued the
warrant sends a copy thereof to the central Police unit co-operating with Interpol with a request to initiate an international
search.
§ 2. If the location of the requested person is known or was established as a result of the search referred to in § 1, the public
prosecutor and the circuit court that issued the warrant in court and enforcement proceedings, sends it directly to the judicial
authority of the executing State. A copy of the warrant will be sent to the Minister of Justice.
§ 3. The provision of § 2 applies accordingly in the event that the State executing the warrant requests additional information
or documents.
§ 4. The warrant and all information and documents connected thereto may also be sent by any means of electronic data
transmission in the manner allowing their authenticity to be established.
Art. 607e. Admissibility of prosecution.
§ 1. A person surrendered as a result of the execution of a warrant shall not be prosecuted for offences other than those for
which the warrant is issued, nor shall he serve a penalty of imprisonment or other measures involving deprivation of liberty
imposed on him in connection with such offences.
§ 2. The court that issued the final judicial decision in the case may order the execution of penalty for only those offences
surrender of the requested person. The public prosecutor and the requested person may participate in the court hearing. Article
§ 3. The provision of § 1 does not apply if:
1) the executing State declares the prosecution or execution of a penalty of imprisonment or other measures involving
deprivation of liberty for all offences preceding the surrender admissible, unless a judicial authority of the executing State
decides otherwise in the decision on surrender,
2) a surrendered person does not leave the territory of the Republic of Poland within 45 days of the day when the proceedings
were concluded in a final and binding manner in spite of the possibility to do so or, after leaving the territory of the Republic
of Poland, returns thereto,
3) no penalty of imprisonment or measure involving the deprivation of liberty is imposed on the requested person,
4) criminal proceedings are not connected with the imposition of a measure involving deprivation of liberty on the requested
person,
5) the offence committed by the requested person carries a penalty or a measure not involving depravation of liberty,
6) the requested person agrees to the surrender and waives the right referred to in § 1,
7) the requested person, after being surrendered, waives the right referred to in § 1 with regard to offences preceding his
surrender before a court competent to hear the case,
8) a judicial authority of the executing State, which surrendered the requested person, on a motion of the court competent to
issue the warrant, has agreed to the prosecution or to the execution of a penalty of imprisonment or other measures involving
deprivation of liberty in connection with the offences referred to in § 1.
§ 4. The motion referred to in § 3 point 8 should contain information listed in Article 607c § 1. Article 607c § 2 applies
accordingly.
Art. 607f. Crediting deprivation of liberty towards the penalty of imprisonment. The period of actual deprivation of
liberty in the executing State in connection with the surrender is credited towards the penalty of imprisonment imposed or
served.
Art. 607g. Sending the copy of the judgment. After criminal proceedings against the requested person were concluded with
a final judgment or when a penalty of imprisonment or another measure involving the deprivation of liberty was executed, the
court competent to hear the case sends the copy of the judgment or notification of execution of a penalty or measure to the
authority responsible for the administration of justice of the executing State.
Art. 607h. Seizure of objects.
§ 1. A competent court or public prosecutor may submit a motion to a competent judicial authority of the executing State to
seize and surrender objects acquired as a result of the offence or used or intended to be used to commit an offence, as well as
property which may be produced as evidence in the case, such as objects, correspondence, messages, lists of telephone calls
or other transfers of information, data stored in an information system or on a storage device, including correspondence sent
by e-mail.
§ 2. The seizure and surrender of evidence and objects referred to in § 1 may also be requested if the execution of the warrant
is not possible because the requested person has died or gone into hiding.
§ 3. The items referred to in § 1 is returned to the executing State, if they are surrendered on condition of being returned or if
they should be returned to the aggrieved party or to another entitled entity in the territory of the executing State.
§ 4. Provisions of Chapter 62a apply accordingly.
Art. 607i. Admissibility of further surrender.
§ 1. A requested person, who was surrendered to the territory of the Republic of Poland, will be subject to a further surrender
without the consent of the executing State in connection with offences committed before the warrant was issued if:
1) he does not leave the territory of the Republic of Poland within 45 days of the day when the proceedings were concluded
in a final and binding manner in spite of the possibility to do so or, after leaving the territory of the Republic of Poland,
returns thereto,
2) he consents to being surrendered to a State other than the executing State,
3) Article 607e § 3 point 2, 6,7 or 8 applies thereto.
§ 2. The further surrender of a person who was surrendered to the territory of the Republic of Poland requires the consent of a
competent authority of the executing State which surrendered this person. A motion of a competent circuit court for consent
to a further surrender should contain the information listed in Article 607c § 1. Article 607c § 2 applies accordingly.
§ 3. The further surrender of a requested person, who was surrendered to the territory of the Republic of Poland, requires the
consent of a competent authority of the executing State which surrenders this person.
Art. 607j. Not initiating enforcement proceedings.
§ 1. If the executing State surrenders a requested person, under the condition that the penalty of imprisonment or other
measure involving a deprivation of liberty will be served in this country, enforcement proceedings are not initiated.
§ 2. In the case referred to in § 1, the court competent to hear the case issues a decision on the surrender of the offender to the
proper Member State of the European Union for the purpose of execution of penalty of imprisonment or other measure
involving the deprivation of liberty immediately after the judgment has become final and binding. A copy of the decision,
together with a copy of the judgment to be executed, is transmitted to a competent authority of the executing State.
Chapter 65b. Motion of a European Union Member State to surrender a requested person pursuant to a European
arrest warrant.
Art. 607k. Purposes of surrender of a requested person.
§ 1. The surrender of a person requested pursuant to a European arrest warrant, hereinafter referred to as the “European
warrant”, from the territory of the Republic of Poland is carried out for the purpose of conducting criminal proceedings or
executing penalty of imprisonment or other measure involving the deprivation of liberty against such a person within the
territory of another Member State of the European Union.
§ 2. The public prosecutor, upon receiving a European warrant, examines the person against whom the warrant was issued,
informing him of its contents and of the possibility of giving his consent to the surrender or consent to waive Article 607e § 1.
Thereafter, the public prosecutor files the case with a local circuit court.
§ 2a. The arrest of a person requested pursuant to a European arrest warrant may also take place on the basis of a record in
Schengen Information System or in the database of International Criminal Police Organisation. Articles 244-246 and 248
apply accordingly.
§ 3. On the motion of the public prosecutor, the circuit court may impose detention on remand, defining its period for the time
necessary to surrender the requested person. The total period of detention on remand may not exceed 100 days. The final and
binding sentence, or another decision constituting grounds for deprivation of liberty, rendered against the requested person in
another Member State of the European Union constitutes separate autonomous grounds from imposing detention on remand.
§ 3a. Before receiving a European warrant, the court may apply detention on remand for a period not exceeding seven days
with respect to the requested person, if the competent judicial authority which issued the warrant so requested by entering a
record into Schengen Information System or into the database of International Criminal Police Organisation guarantying that
the final and binding sentence, or another decision constituting grounds for deprivation of liberty, is rendered against the
requested person.
§ 4. If a separate provision of Polish law stipulates that the prosecution of the person against whom a European warrant was
issued is dependent upon the permission of a competent authority, Article 13 applies before filing the case with the court.
§ 5. If, simultaneously to the issue of a European warrant, a European Union Member State demands that the requested person
be questioned, such a person should be questioned before the examination of the warrant. The hearing is conducted with the
attendance of the person indicated in the European warrant. Article 588 § 4 applies accordingly.
Art. 607l. Adjudication.
§ 1. The court adjudicates with respect to the surrender and detention on remand in a hearing, in which the public prosecutor
and the defence counsel may participate.
§ 1a. When notifying the prosecuted person of the hearing referred to in § 1, the court serves the European warrant together
with the translation obtained from the public prosecutor. If due to particular circumstances it is not possible to prepare the
translation before the hearing, the translation is ordered by the court. The court may limit itself to the notification of the
prosecuted person of the contents of the European warrant if it does not hinder the realisation of this person’s rights, including
those mentioned under § 2.
§ 2. If the requested person expresses such a wish, the court will take from him and record in the transcript the declaration of
consent to the surrender or of consent to Article 607e § 1 not being applied. The declaration may not be withdrawn, of which
fact the requested person should be advised.
§ 3. The decision of the court on surrender is subject to interlocutory appeal, which is filed within three days of the
publication of the decision and, if the prosecuted person is deprived of liberty and has not been brought to the court hearing,
of its being served. Article 252 applies accordingly.
§ 4. The Minister of Justice shall define by way of a regulation the form of the instruction for a person requested by a
European warrant, informing him of his rights in case of arrest:to obtain information on the contents of the warrant, to consent
to the surrender, to make statements concerning the surrender, to be assisted by a defence counsel, to provide explanations
and to refuse providing explanations, to review the files in the part concerning the reasons for the arrest, to obtain access to
the medical first aid, as well as of the rights specified in in § 3, in Article 72 § 1, Article 78 § 1, Article 261 § 1, 2 and 2a,
Article 612 and of the contents of Article 607k § 3 and 3a, bearing in mind also the necessity of making the instruction
comprehensible to the persons not assisted by an attorney.
Art. 607m. Decision on surrender, time limits.
§ 1. The decision on surrender is issued by the circuit court within 40 days of the arrest of the requested person. If the
requested person makes the declaration referred to in Article 607l § 2, this time limit is of three days and starts running from
the date on which the declaration was made.
§ 1a. Surrender proceedings should be concluded in a final manner within 60 days of the arrest of the requested person or
within 10 days of the date, on which the declaration referred to in Article 607l § 2 is made.
§ 2. In particularly justified cases, when the time limits referred to in § 1a cannot be observed, surrender proceedings should
be concluded in a final manner within 30 days of the expiry of the above time limits. The judicial authority, which issued the
European warrant should be informed of the delay and reasons thereof.
§ 3. In the case referred to in Article 607k § 4, the time limits referred to in § 1 and 2, will start running of the day that the
permission was issued.
Art. 607n. Surrender of a requested person.
§ 1. A requested person, against whom a final and binding decision on surrender was issued, is surrendered to a competent
judicial authority of the issuing State no later than within seven days of the day on which the decision on surrender becomes
final and binding.
§ 2. If the surrender of the requested person within the time limit referred to in § 1 is not practicable due to an event of force
majeure or a danger to the life or health of this person, the requested person is surrendered to a competent judicial authority of
the issuing State no later than within 10 days of the newly fixed time limit.
§ 3. If the issuing State fails to take a person liable to surrender into custody within the time limits laid down in § 1 or 2, the
immediate release of such person is ordered, unless he is deprived of liberty in another case.
Art. 607o. Postponement of the surrender.
§ 1. If criminal proceedings are conducted in Poland against a requested person for an offence other than that indicated in the
European warrant, or this person is to serve the penalty of imprisonment for such an offence in Poland, the court, while
issuing the decision on surrender, may postpone its execution until the criminal proceedings in Poland are concluded or
penalty of imprisonment is served.
§ 2. In the situation referred to in § 1, the court, having notified the issuing authority thereof may, on a motion of the issuing
authority, temporarily surrender the requested person under conditions specified in an agreement concluded with this
authority. Such an agreement is drawn up in writing and defines the conditions of surrender, and in particular the date, on
which the requested person is returned.
Art. 607p. Obligatory reasons for denial of execution of the warrant.
§ 1. The execution of a European warrant will be denied if:
1) the offence on which the European warrant is based, where Polish criminal courts have jurisdiction to prosecute the
offence, is covered by amnesty,
2) a final judicial decision was issued against the requested person in connection with the same offence and, in the case of
sentencing for the same offence, the requested person is either serving or has served his penalty or, according to the laws of
the State, where the sentence was passed, the penalty cannot be executed,
3) a final and binding decision on surrender to a different Member State of the European Union was issued against a
requested person,
4) the person who is the subject of the European warrant may not be held criminally responsible for the acts on which the
arrest warrant is based, owing to his age,
5) it would violate human and citizen freedoms and rights,
6) the warrant was issued in connection with a political offence committed without the use of violence.
§ 2. If a European warrant was issued against a requested person who is a Polish citizen, the warrant may be executed on the
condition that the act on which it is based has not been committed in the territory of the Republic of Poland or on a Polish
aircraft or vessel and that it constitutes an offence under the law of the Republic of Poland or that it would constitute an
offence under the law of the Republic of Poland had it been committed in the territory of the Republic of Poland, both at the
time of its perpetration and at the time, when the European warrant was submitted.
Art. 607r. Facultative reasons for denial of execution of the warrant.
§ 1. A judicial authority may refuse to execute a European warrant, if:
1) the act on which the European warrant is based, other than that mentioned in Article 607 w, does not constitute an offence
under Polish law,
2) criminal proceedings are pending against the requested person in Poland for the same offence on which the European
warrant is based,
3) a final and binding judicial decision refusing to institute criminal proceedings, discontinuing or concluding the
proceedings was issued with respect to the same offence on which the European warrant is based,
4) under Polish law the statute of limitations for prosecution or execution of penalty has expired and the offence falls within
the jurisdiction of Polish courts,
5) the European warrant relates to an offence which, according to Polish law, was committed in whole or in part in the
territory of the Republic of Poland, or on a Polish aircraft or vessel,
6) the offence to which the European warrant relates is punishable in the issuing State with a penalty of life imprisonment or
other measure involving deprivation of liberty without the possibility of applying for reduction.
§ 2. The provisions of § 1 point 1 do not apply if the act does not constitute an offence because Polish law does not impose
the same kind of tax or duty or does not include a tax, duty, customs and exchange regulation of the same kind as the law of
the issuing State.
§ 3. The judicial authority may also refuse to execute a European warrant issued for the purpose of executing a penalty or
measure involving the deprivation of liberty, imposed in the absence of the requested person, unless:
a) the requested person is summoned to participate in the proceedings or otherwise notified of the time and place of the trial
or hearing and instructed that failure to attend does not impede the issue of the judgment or if the requested person is assisted
by a defence counsel, who attended the hearing or trial,
b) after the judgment is served on the requested person together with the instruction of his rights, the time limit and manner
of submitting of a petition in the issuing State to conduct new court proceedings in the same case and with his participation,
the requested person has failed to submit such a petition within the prescribed time limit or declared that he does not object to
the judgment,
c) the authority, which issued the European warrant assures that immediately after the requested person was surrendered to
the issuing State, he is served a copy of the judgment with the instruction of his rights, the time limit and manner of
submitting of a petition in the issuing State to conduct new court proceedings in the same case and with his participation.
Art. 607s. Right of asylum.
§ 1. A European warrant issued for the purpose of executing a penalty of imprisonment or other measure involving
deprivation of liberty against a requested person who is either a Polish citizen or was granted the right of asylum in the
Republic of Poland, shall not be executed, unless the requested person consents to the surrender.
§ 2. The judicial authority may also refuse to execute a European warrant if it was issued for the purpose referred to in § 1 and
the requested person either resides or permanently stays in the territory of the Republic of Poland.
§ 3. While denying the surrender for the reasons indicated in § 1 or 2, the court rules with respect to the execution of a penalty
or measure imposed by the judicial authority of the issuing State.
§ 4. In the decision referred to in § 3, the court determines the legal classification of the act pursuant to Polish law. If the
penalty or measure imposed by the issuing State exceeds the prescribed scale of penalties for the offence under Polish law, the
court determines the penalty or measure to be executed according to Polish law to the extent corresponding to the upper level
of the prescribed scale, taking into consideration the period of actual deprivation of liberty abroad and penalty or measure
executed. If documents or information necessary for the execution of a penalty in the territory of the Republic of Poland have
not been attached to the European warrant, the court defers the hearing and addresses a competent authority of the issuing
State to provide such documents or information.
§ 5. The penalty will be executed pursuant to Polish law. The provisions of Chapter 66 g apply accordingly, expect for Article
611tg, 611ti § 2 and 3, Article 611tk, Article 611tm, Article 611to § 2 and Article 611tp.
Art. 607t. Conditional surrender.
§ 1. If the European warrant is issued for the purpose of prosecuting a Polish citizen or a person who was granted the right of
asylum in Poland, this person may be surrendered upon the condition that, subject to this person’s consent, he will be returned
to the territory of the Republic of Poland after the proceedings in the issuing State were finally concluded.
§ 2. If the person referred to in § 1 was sentenced to a penalty of imprisonment or to a measure involving the deprivation of
liberty, Article 607s § 3-5 apply accordingly.
Art. 607u. Instruction of the right to request the copy of the judgment. If a European warrant was issued for the purpose
of executing a penalty or a measure involving deprivation of liberty imposed in the conditions defined in Article 607r § 3
letter c, the requested person is instructed of his right to request a copy of the judgment. The issuing State is immediately
notified of the request for a copy of the judgment having being submitted and, after the judgment is received, it will be served
on the requested person. The submission of the request does not halt the execution of the European warrant.
Art. 607w. Lack of legal qualification in Poland. If a European warrant concerns a person who is not a Polish citizen, the
fact that the act does not constitute an offence under Polish law is no impediment to the execution thereof, if it is based on an
offence punishable in the issuing State by a penalty of imprisonment of at least three years or a detention order of at least the
same duration, such as:
1) participation in a criminal organisation or group, whose purpose is to commit offences,
2) terrorism,
3) trafficking in human beings,
4) offences against sexual freedom and morality of minors,
5) manufacturing, processing, trafficking and smuggling drugs, their precursors, substitutes or psychotropic substances,
6) illegal trafficking in weapons, munitions, explosives or radioactive materials,
7) bribery and corruption,
8) fraud,
9) introducing into financial trading the assets coming from illegal or undisclosed sources,
10) counterfeiting money and other means of payment and trading therein,
11) offences against the security of data gathered, stored, processed or transmitted in an IT system,
12) offences against natural environment, including trading in endangered species of animals and plants,
13) facilitation of illegal entry and residence,
14) homicide,
15) grievous bodily harm,
16) illegal trade in human organs and tissue,
17) illegal deprivation of freedom,
18) abducting a human being for ransom,
19) taking and holding of hostages,
20) offences committed for reasons of nationality, ethnicity, race, religion or atheism,
21) armed robbery or robbery committed with threat of using arms,
22) armed extortion or extortion committed with threat of using arms,
23) illicit trafficking in cultural goods,
24) swindling,
25) counterfeiting and trafficking in counterfeit products,
26) forgery of documents and trafficking therein,
27) trafficking in hormones and similar substances,
28) trafficking in stolen vehicles,
29) rape,
30) arson,
31) offences within the jurisdiction of the International Criminal Court,
32) unlawful seizure of aircraft or ship,
33) sabotage.
Art. 607wa. Seizure and surrender of evidence.
§ 1. A competent court or public prosecutor, on a motion of a judicial authority of the issuing State, seizes and surrenders
objects acquired as a result of the offence or used or intended to be used to commit an offence, as well as property which may
be produced as evidence in the case, such as objects, correspondence, messages, lists of telephone calls or other transfers of
information, data stored in an information system or on a storage device, including correspondence sent by e-mail.
§ 2. Evidence and objects referred to in § 1 are also seized and surrendered if the European warrant cannot be executed
because the requested person has died or gone into hiding.
§ 3. While surrendering the objects referred to in § 1 their return may be reserved, especially if they should be returned to the
aggrieved party or to another entitled entity staying in the territory of the Republic of Poland.
§ 4. Provisions of Chapter 62b apply accordingly.
Art. 607x. Joint examination of warrants.
§ 1. If another European warrant concerning the same person, issued by a judicial authority of another Member State, is filed
before the decision of the first instance on surrender is issued, the court examines both European warrants jointly. Deciding
the surrender of the requested person to a given State, the court considers the circumstances of each case, the seriousness of
the each offence and the place where the offences were committed, as well as the order of issue of European warrants and
their purposes.
§ 2. If another European warrant concerning the same person is filed after the decision of the first instance with respect to the
previous one is issued, the court postpones the examination of the subsequent European warrant until after the decision
becomes final and binding.
§ 3. If the appellate court reverses the decision mentioned in § 2 and refers the European warrant to the first instance for re-
examination, the provisions of § 1 apply accordingly.
Art. 607y. Circumstances of suspension and discontinuation.
§ 1. If a European warrant and a motion for extradition to a third State are submitted with respect to the same requested
person, the court, after having examined the European warrant, decides on the admissibility of its execution, suspends the
proceedings and notifies the Minister of Justice of the decision.
§ 2. If the Minister of Justice decides that a person against whom a European warrant was issued should be extradited to a
third State, the proceedings concerning the European warrant is discontinued. If the extradition is refused, the court resumes
the suspended proceedings and issue a decision on surrender.
Art. 607z. Request for supplementary information.
§ 1. If information provided by the issuing State is insufficient to decide on the surrender of the requested person, the court
requests the judicial authority that issued the European warrant to furnish supplementary information within a specified time
limit.
§ 2. If the time limit referred to in § 1 is not observed, the European warrant is examined on the basis of the initially received
information.
Art. 607za. Competence of the court.
§ 1. A motion of a competent judicial authority of the issuing State for consent for the prosecution or execution of penalty of
imprisonment or measure involving deprivation of liberty for offences predating the surrender, or for consent to a further
surrender, is heard by the circuit court which ruled with respect to the surrender. Article 607b, 607p, 607 r, 607s § 1 and 2 and
Article 607z applies accordingly.
§ 2. The court rules on the motion mentioned in § 1 within 30 days of the receipt thereof.
Art. 607zb. Permission for transport.
§ 1. At the motion of the executing State, the Minister of Justice grants permission for the transportation through the territory
of the Republic of Poland of the person requested by a European warrant.
§ 2. A motion for the permission, referred to in § 1, contains:
1) the denomination of the requesting authority,
2) the date and place of issue of the European warrant,
3) identity details and citizenship of the requested person,
4) a description and legal classification of the offence,
5) a brief description of the factual circumstances of the case.
§ 3. If the requested person is a Polish citizen or was granted asylum in the Republic of Poland, the permission referred to in §
1 may be issued provided that this person, after the proceedings were concluded, is surrendered for the purpose of serving the
penalty of imprisonment or a measure involving the deprivation of liberty in the territory of the Republic of Poland.
§ 4. In case of transportation by air without a scheduled landing, it is sufficient to inform the Minister of Justice of the
transportation of a requested person over the territory of the Republic of Poland. However, if an unscheduled landing occurs,
the executing State immediately provides the information referred to in § 2. The provision of § 3 applies accordingly.
Art. 607zc. Referral to a competent authority. If the court to which the European warrant was addressed, does not have the
jurisdiction to initiate the procedure, it refers the warrant to a competent judicial authority and notify thereof the proper
judicial authority which issued the European warrant.
Chapter 65c. Motion to a European Union Member State for the enforcement of preventive measures.
Art. 607zd. Motion for the enforcement of the judgment.
§ 1. If the Polish court or public prosecutor issues a judgment imposing a preventive measure defined in Article 272, Article
275, Article 275a or Article 276 and if the correct course of proceedings are ensured, the court or public prosecutor may
submit a motion for the enforcement of this judgment to a competent court or other authority of a European Union Member
State, referred to in this Chapter as the “executing State”, in which the accused has a lawful residence, if he is staying in this
State or declares that he intends to return there.
§ 2. The motion referred to in § 1 may also be, on a request of the accused, submitted to a Member State other than the State
where the accused has his lawful residence, if a competent court or other authority of that State consents.
§ 3. The court or public prosecutor submits the request referred to in § 1 each time to only one executing State. A repeated
motion may be submitted only if the judgment has not been executed in whole or in part.
§ 4. An attested copy of the judgment referred to in § 1 is accompanied by a certificate enabling its correct enforcement and
concerning: the judgment, the accused, the preventive measure and a legal classification of the act.
§ 5. The certificate should be translated into the official language of the executing State or other language indicated by this
State.
§ 6. The copy of the judgment and certificate referred to in § 4 may also be transmitted by any means of electronic data
transmission in the manner allowing the authenticity of these documents to be established. On a motion of a competent court
or other authority of the executing State the court or public prosecutor transmits a copy of the judgment and the original of the
certificate.
§ 7. In case of difficulties in establishing a competent court or other authority of the executing State, the court or public
prosecutor may also address an appropriate organisational unit of the European Judicial Network.
§ 8. The Minister of Justice shall define by way of a regulation the form of certificate referred to in § 4, bearing in mind the
necessity to provide the executing State with all necessary information enabling it to take the correct decision with respect to
the enforcement of the judgment.
Art. 607ze. Execution of a preventive measure.
§ 1. Until notification is received that enforcement of the judgment referred to in Article 607zd § 1 was taken over by a
competent court or other authority of the executing State, or that a competent court or other authority of the executing State
refuses to execute the judgment, ceases its enforcement and also if the motion is withdrawn, preventive measures continue to
be executed by the competent authority.
§ 2. If notification is received on the adaptation of a preventive measure to the law of the executing State, before the
commencement of enforcement of this measure in that State, the court or public prosecutor may withdraw the motion referred
to in Article 607zd § 1 within 10 days of the receipt of notification, bearing in mind the purpose of this measure.
Art. 607zf. Obligation to notify the court.
§ 1. In the event of a change or annulment of a preventive measure or change of duties imposed on the accused, the court or
public prosecutor immediately notifies the competent court or other authority of the issuing State thereof.
§ 2. The notification referred to in § 1 may also be transmitted by any means of electronic data transmission in the manner
allowing the authenticity of transmitted documents to be established.
Art. 607zg. Inadmissibility of interlocutory appeal. The decision of the court or public prosecutor to submit a motion to a
competent court or other authority of the executing State is not subject to interlocutory appeal.
Chapter 65d. Motion of a European Union Member State for enforcement of a judgment issued to ensure the due
course of proceedings.
Art. 607zh. Issuing State.
§ 1. If a motion is submitted by a Member State of the European Union, hereinafter referred to as “the issuing State”, to
execute a judgment ordered to ensure the due course of proceedings and imposing an obligation on a person, against whom
criminal proceedings are conducted in this State:
1) to report to a specific authority,
2) to avoid leaving the place of residence or the country,
3) to keep a specified authority informed of every change of residence or to obtain consent for any such change,
4) to be or to cease being in certain communities or locations,
5) to avoid contacting specified persons or to avoid approaching specified persons,
6) to avoid the performance of official duties or profession,
7) to avoid the performance of certain activities,
8) to avoid driving certain types of vehicles,
- this judgment is subject to enforcement by the public prosecutor having jurisdiction over the place, where this person has his
legal residence.
§ 2. The judgment referred to in § 1 or its attested copy is accompanied by a certificate containing all important information
enabling its correct enforcement.
§ 3. If the public prosecutor, to which the motion was submitted, does not have jurisdiction to initiate its course, it will refer
the motion to the competent public prosecutor and notify an appropriate court or other authority of the issuing State thereof.
§ 4. On a motion of the appropriate court or other authority of the issuing State, the public prosecutor may consent to the
enforcement of the judgment referred to in § 1, imposed on an offender who does not have a lawful residence in the territory
of the Republic of Poland, if this ensures the proper course of proceedings to a higher degree.
§ 5. If the provisions of this Chapter do not provide otherwise, the enforcement of judgments referred to in § 1 is governed by
Polish law.
Art. 607zi. Supplementary information.
§ 1. If information provided by the issuing State is insufficient to decide on the enforcement of the judgment, the public
prosecutor presents a motion to the competent court or other authority of the issuing State to furnish supplementary
information within an indicated time limit. If the time limit is not observed, the decision on enforcement of the judgment is
issued on the basis of the initially received information.
§ 2. If the type or manner of fulfilment of duties imposed is unknown to the law, the public prosecutor determines the
measure or duty pursuant to Polish law, with differences being considered in favour of the person against whom proceedings
are conducted in the issuing State.
Art. 607zj. Time limit for the issue of the decision.
§ 1. A decision on the enforcement of the judgment referred to in Article 607zh § 1 is issued by the public prosecutor within
30 days of the receipt of the judgment and the certificate.
§ 2. The decision of the public prosecutor on the enforcement of the judgment referred to in Article 607zh § 1 is subject to
interlocutory appeal, which should be submitted to the district court in whose circuit the person against whom the proceedings
are conducted in the issuing State has its lawful residence. The court examines the appeal in a hearing. The public prosecutor,
the offender, if he is staying in the territory of the Republic of Poland, and his defence counsel, if he has appeared, have the
right to participate in the hearing. If an offender who is not staying in the territory of the Republic of Poland is not assisted by
a defence counsel, the president of the court competent to hear the case, may appoint a defence counsel ex officio for him.
§ 3. Proceedings concerned with the enforcement of the judgment should be concluded in a final manner within 60 days of the
receipt of the judgment and the certificate.
§ 4. If the time limit indicated in § 3 cannot be observed, the competent court or other authority of the issuing State is notified
thereof and informed of the reasons for delay and of the expected date of issue of the judgment.
§ 5. The public prosecutor commences immediately the enforcement of the judgment issued by a competent court or other
judicial authority of the issuing State.
Art. 607zk. Refusal to execute the judgment.
§ 1. The judicial authority refuses to execute the judgment referred to in Article 607zh § 1, if:
1) the act to which the probation measure relates, does not constitute an offence under Polish law,
2) the person, against whom criminal proceedings are pending in the state, which issued the judgment, is not staying in the
territory of Poland, unless there are grounds to believe that he will return thereto.
§ 2. The provisions of § 1 point 1 do not apply, if the act does not constitute an offence because Polish law does not impose
the same kind of tax or duty or does not contain a tax, duty, customs and exchange regulation of the same kind as the law of
the issuing State.
§ 3. The judicial authority may refuse to execute the judgment referred to in Article 607zh § 1, if:
1) despite the motion of the public prosecutor to supplement the information within a fixed time limit, the certificate referred
to in Article 607zh § 2 is not enclosed to the judgment or the certificate is incomplete or manifestly does not correspond to the
judgment,
2) the judgment transmitted for the purpose of enforcement concerns the same offence by the same person, with respect to
which criminal proceedings have already been finally concluded in a European Union Member State and this person is
serving the penalty, has already served it or the penalty cannot be executed pursuant to the law of the State, where the
sentence was issued,
3) under Polish law, the statute of limitations for the enforcement of penalty has expired and the offence in question falls
under the jurisdiction of Polish courts,
4) the judgment relates to an offence, which under Polish law, was committed in the territory of the Republic of Poland or on
a Polish aircraft or vessel,
5) the person, against whom criminal proceedings are pending in the state, which issued the judgment, may not be held
criminally responsible for the acts on which the judgment is based owing to his age,
6) the person, against whom criminal proceedings are pending in the state was granted immunity, due to which it is
impossible to supervise the fulfilment of duties imposed upon him,
7) the judgment pertains exclusively to duties other than those defined in Article 607zh § 1,
8) the judgment was transmitted despite the conditions mentioned in Article 607zh § 4 not being fulfilled,
9) the offence, to which the judgment relates, would be covered by amnesty if fell under the jurisdiction of Polish criminal
courts,
10) the surrender on the basis of the European arrest warrant from the territory of the Republic of Poland of a person against
whom criminal proceedings are conducted in the issuing State is not possible despite the fact that this person does not respect
requirements set forth in the judgment.
§ 4. In the case indicated in § 3 point 10, when particular reasons speak for it, the court, upon consultation with a competent
court or other authority of the issuing State, may decide to execute the judgment.
§ 5. In the cases referred to in § 1 point 2 and § 3 point 1,2 and 7, the court, before taking the decision on the enforcement of
the judgment, informs the competent court or other authority of the issuing State of the possibility of refusing to execute the
judgment.
Art. 607zl. Decision to cease the enforcement of the judgment.
§ 1. If notification is received from a competent court or other authority of the issuing State that the judgment transmitted for
the purpose of enforcement is not to be executed any further, the public prosecutor immediately issues an order to stop the
enforcement of the judgment.
§ 2. If the further enforcement of the judgment is not possible for factual or legal reasons, the public prosecutor shall
immediately issue a decision to stop the enforcement of the judgment and notifies the court or other authority of the issuing
State thereof.
§ 3. If notification is received from the competent court or other authority of the issuing State that the measures imposed on a
person against whom criminal proceedings are conducted were modified, the public prosecutor shall examine the matter of
enforcement of the modified judgment in accordance with the principles laid down in this Chapter. Article 607zk is not
applied, with the exception of for § 1 point 2 and § 3 point 7.
Art. 607zm. Notification.
§ 1. A competent court or other authority of the issuing State is immediately notified of the contents of the decision on the
enforcement of the judgment referred to in Article 607zh § 1, of an appeal filed against this decision, of any important ruling
issued during the proceedings and of a change of lawful residence of the person against whom criminal proceedings are
conducted in the issuing State.
§ 2. The public prosecutor immediately notifies the competent court or other authority of the issuing State of every
circumstance that has an impact on the enforcement of the judgment. The notification has the form of a certificate containing
all details concerning the person referred to in § 1 and the breached duty.
§ 3. If the reasons for which the duty was imposed cease to exist, or if such circumstances occur which justify its annulment
or modification, the public prosecutor may submit a motion to the competent court or other authority of the issuing State for
its annulment or modification.
§ 4. The notifications referred to in § 1 and 2 and the motion referred to in § 3, may also be transmitted by any means of
electronic data transmission in the manner allowing the authenticity of transmitted documents to be established.
necessity to provide the issuing State with all necessary information enabling it to take the correct decision with respect to the
Art. 607zn. Costs. The costs related to the enforcement of the judgment, referred to in Article 607zh § 1, are borne by the
State Treasury.
Chapter 66. Taking over and transmission of judgments for the purpose of enforcement.
Art. 608. Motion for taking over the enforcement.
§ 1. If a Polish citizen was sentenced with a final and binding judgment by a court of a foreign State to the penalty of
imprisonment subject to enforcement or to a measure involving deprivation of liberty, the Minister of Justice may submit a
motion to a competent authority of this State that the offender or the person on whom the measure was imposed, be handed
over for the purpose of serving the penalty of imprisonment or measure in the Republic of Poland.
§ 2. If a Polish citizen, a person having a lawful residence, property or running a business in the Republic of Poland, was
sentenced with a final and binding judgment by the court of a foreign State, to a fine or if a ban on holding a certain position,
exercising a certain profession or conducting certain business activity, a ban on driving vehicles, confiscation or other
measure not involving deprivation of liberty was imposed on such a person, the Minister of Justice may submit a motion to a
competent authority of this State that the judgment be transmitted for enforcement to the Republic of Poland.
§ 3. Before submitting a motion referred to in § 1 or 2, the Minister of Justice addresses a competent court, asking for the
issue of a decision on the admissibility of transmitting the judgment for the purpose of enforcement in the Republic of Poland.
Art. 609. Acceptance of the motion.
§ 1. In case of the receipt of a motion from a foreign State for enforcement against a Polish citizen or a person having a lawful
residence in the territory of the Republic of Poland of a final and binding judgment imposing a penalty of imprisonment or a
measure involving deprivation of liberty, the Minister of Justice addresses a competent court, asking for the issue of a
decision on the admissibility of transmitting the judgment for the purpose of enforcement in the Republic of Poland.
§ 2. In case of the receipt of a motion from a foreign State for enforcement against a Polish citizen or a person having a lawful
residence, holding property or conducting professional activity in the Republic of Poland of a final and binding judgment
imposing a fine or a ban on holding a certain position, exercising a certain profession or conducting certain business activity,
ban on driving vehicles, confiscation or other measure not involving deprivation of liberty, the Minister of Justice addresses a
competent court, asking for the issue of a decision on the admissibility of transmitting the judgment for the purpose of
enforcement in the Republic of Poland.
§ 3. If the judgment, to which the motion relates is not yet final or the person, whom the motion concerns, is neither a Polish
citizen nor has a lawful residence in the territory of the Republic of Poland, the Minister of Justice returns the motion.
Art. 610. Surrender of a foreigner.
§ 1. If a foreigner is sentenced by a Polish court to a penalty of imprisonment subject to enforcement or to a measure

involving deprivation of liberty, the Minister of Justice may submit a motion to a competent authority of the State of which
the offender or a person on whom the measure was imposed is a citizen, to take him into custody for the enforcement of the
penalty or measure involving deprivation of liberty.
§ 2. Before submitting the motion referred to in § 1, the Minister of Justice addresses a competent court, asking for the issue
of a decision on the admissibility of transmitting the judgment for the purpose of enforcement abroad.
§ 3. In case of the receipt of motion from a foreign State to take over a foreigner sentenced with a final and binding judgment
imposing a penalty of imprisonment or a measure involving deprivation of liberty, the Minister of Justice addresses a
competent court, asking for the issue of a decision on the admissibility of transmitting the judgment for the purpose of
enforcement abroad.
§ 4. If a person having a lawful residence, property or conducting professional activity abroad was sentenced with a final and
binding judgment by a Polish court to a fine or if a ban on holding a certain position, exercising a certain profession or
conducting certain business activity, ban on driving vehicles, confiscation or other measure not involving deprivation of
liberty was imposed on such a person, the court competent to enforce the penalty or measure may, through the intervention of
the Minister of Justice, submit a motion to a competent authority of the State, where this person permanently resides, owns
property or conducts professional activity, to enforce the judgment.
§ 5. In case of the receipt of a motion from a foreign State to take over the enforcement of a final and binding judgment of the
Polish court, sentencing a person having a lawful residence, property or conducting professional activity in this State, to a fine
or imposing a ban on holding a certain position, exercising a certain profession or conducting certain business activity, a ban
on driving vehicles, confiscation or other measure not involving deprivation of liberty on this person, the Minister of Justice
addresses a competent court, asking for the issue of a decision on the admissibility of transmitting the judgment for the
purpose of enforcement abroad.
§ 1. The circuit court in whose circuit the offender has recently permanently or temporarily resided is competent to examine
the cases defined in Article 608 § 3 in conjunction with § 1 and Article 609 § 1.
§ 2. The district court, in whose circuit the offender has recently permanently or temporarily resided, and if this cannot be
established, where the property liable to enforcement is located or where the offender has conducted activity covered by a
ban, is competent to examine the cases defined in Article 608 § 3 in conjunction with § 2, Article 609 § 2 and Article 610 § 5.
§ 3. The circuit court, in whose circuit the judgment to which the motion refers was issued, is competent to examine the cases
defined in Article 610 § 2 and 3.
§ 4. If the venue cannot be established according to the principles laid down in § 1, the case is examined by the Circuit Court
in Warsaw.
§ 5. If the venue cannot be established according to the principles laid down in § 2, the case is examined by the court
competent for the district of Śródmieście of the municipality Warszawa-Centrum.
Art. 611a. Proceedings before the court.
§ 1. The court examines the admissibility of taking over or transmission of a judgment for the purpose of enforcement in a
hearing. The public prosecutor, the offender, if he is staying in the territory of the Republic of Poland and his defence counsel,
if he has appeared, have the right to participate in the hearing. If an offender who is not staying in the territory of the Republic
of Poland, is not assisted by a defence counsel, the president of the court competent to hear the case, may appoint a defence
counsel ex officio for him.
§ 2. If information contained in the motion is insufficient, the court may order that supplementary information be furnished.
For this purpose, the court may postpone the examination of the case.
§ 3. If the court decides that taking over or transmission of a judgment for the purpose of enforcement is not admissible, it
does not occur.
§ 4. In the case referred to in Article 610 § 4, the court renders a decision to request an authority of a foreign State to take
over the judgment for the purpose of enforcement.
§ 5. The decision of the court on taking over or transmission of the judgment for the purpose of enforcement is subject to
interlocutory appeal.
§ 6. If the proceedings relate to taking over of the judgment for the purpose of enforcement, the court may impose a
preventive measure.
Art. 611b. Inadmissibility of taking over of the judgment.
§ 1. Taking over of the judgment for the purpose of enforcement in Poland is not permissible if:
1) the judgment is not yet final and binding or is not liable to enforcement,
2) the enforcement of the judgment might infringe the sovereignty, security or the legal order of the Republic of Poland,
3) the person sentenced to the penalty of imprisonment, or against whom a measure involving the deprivation of liberty was
imposed, does not consent to the taking over of the judgment,
4) the person sentenced to fine or against whom confiscation was ordered, not being a permanent resident of the Republic of
Poland, does not own property located in its territory,
5) the act indicated in the motion does not constitute an offence under Polish law,
6) circumstances mentioned in Article 604 § 1 point 2,3 and 5 have occurred.
§ 2. Transmission of the judgment for the purpose of enforcement in a foreign State is not permissible if:
1) the judgment is not final or not liable to enforcement,
2) the person sentenced to the penalty of imprisonment, or against whom a measure involving the deprivation of liberty was
imposed, does not consent to the transfer of the judgment,
3) the person sentenced to a penalty of imprisonment, or against whom a measure involving the deprivation of liberty was
imposed, is a person mentioned in Article 604 § 1 point 1,
4) circumstances mentioned in Article 604 § 1 point 3 and 5 have occurred.
Art. 611c. Procedure after the judgment was taken over for enforcement.
§ 1. After the judgment was taken over for the purpose of enforcement, the court defines the legal classification of the offence
according to Polish law and the penalty and measure liable to enforcement.
§ 2. Defining the penalty or measure subject to enforcement, the court applies Article 114 § 4 of the Criminal Code
accordingly.
§ 3. Determining the amount of the fine, the court converts the fine expressed in an amount or in daily units of foreign
currency according to the average exchange rate fixed by the National Bank of Poland as at the day of issue of the judgment
in the foreign State. If the fine was expressed in an amount, it shall not exceed the product of the amount of the daily unit and
the number of daily units imposed.
§ 4. The court examines the case in a hearing. Article 352 and 611a § 1 and 5 applies accordingly.
Art. 611d. Securing property.
§ 1. If during the proceedings such circumstances occur which justify the issue of an order to secure property due to the risk
of confiscation of objects or property constituting material benefit obtained as a result of an offence, and these objects or
property are located in the territory of a foreign State, the court and in preparatory proceedings the public prosecutor may,
through the intervention of the Minister of Justice, submit a motion to a competent authority of this State to secure objects or
property subject to confiscation.
§ 2. If the authority of a foreign State files a motion for the enforcement of a final and binding order to secure property, and
this property is located in the territory of the Republic of Poland, the order is executed by the district court or public
prosecutor, in whose circuit the property is located.
Art. 611e. Leaving the territory. If a person sentenced with a final and binding court judgment or a person on whom a
measure was imposed with a final and binding decision leaves the territory of the issuing State for the State of which he is a
citizen before the penalty or measure was served, the provisions of this Chapter apply accordingly. Article 611b § 1 point 3
and § 2 point 2 do not apply.
Art. 611f. Financial penalties. The provisions of this Chapter apply accordingly to the taking over or transfer for the purpose
of enforcement of judgments imposing financial penalties.
Chapter 66a. Motion to a European Union Member State for the enforcement of a judgment imposing a fine, penal
measures in the form of exemplary damages or monetary performance or a judgment adjudicating costs of trial from
the offender.
Art. 611fa. Motion to the executing State.
§ 1. If a Polish court sentenced a Polish citizen or a foreigner to a fine, exemplary damages or monetary performance or costs
of trial were adjudicated from the offender, the court may submit a motion for the enforcement of this judgment directly to a
competent court or other authority of a European Union Member State, referred to in this Chapter as the “executing State”, in
which the offender owns property, gains revenues or resides permanently or temporarily.
§ 2. The court or public prosecutor submits the motion referred to in § 1 each time to only one executing State. A repeated
motion may be submitted only if the judgment has not been executed in whole or in part.
§ 3. An attested copy of the judgment referred to in § 1 is accompanied by a certificate containing all crucial information
State.
§ 5. A copy of the judgment and certificate referred to in § 3 may also be transmitted by any means of electronic data
certificate.
§ 6. In case of difficulties in establishing a competent court or other authority of the executing State, the court or public
§ 7. The Minister of Justice shall define by way of a regulation the form of certificate referred to in § 3, containing all detailed
information concerning the judgment submitted for enforcement, including every payment made to execute the penalty, penal
measure, compensatory measure or cover the costs of trial, a possible consent to replace the fine with community work,
replacement of the penalty of imprisonment or another measure, bearing in mind the necessity to provide the executing State
with all necessary information enabling it to take a correct decision with respect to the enforcement of the judgment.
Art. 611fb. Amounts obtained from the enforcement of judgments.
§ 1. The amount obtained from the enforcement of the judgment referred to in Article 611fa § 1 is due to the executing State.
§ 2. The Minister of Justice may conclude an agreement with a competent authority of the executing State providing for the
distribution of amounts obtained from enforcement of judgments referred to in § 1.
§ 3. If the agreement referred to in § 2 is concluded, the court summons a competent court or other authority of the executing
State to transfer the collected amounts in whole or in part to the bank account of the court or of another specified entity.
Amounts transferred to the court’s bank account obtained from the enforcement of a penal measure or a compensatory
measure imposed to the benefit of the aggrieved or another entitled party or institution, association, foundation or community
organisation indicated in the judgment is subsequently transferred to this person or entity.
Art. 611fc. Suspension of enforcement proceedings.
§ 1. If the motion for enforcement of a judgment referred to in Article 611fa § 1 is submitted, enforcement proceedings are
suspended.
§ 2. When information is received that a judgment was executed, the court resumes suspended proceedings and discontinue
them. Proceedings are discontinued also if a judicial decision was issued with respect to the same offence and this decision
was executed in another Member State.
§ 3. If information that the judgment cannot be executed in whole or in part for reasons other than those indicted in § 2 second
sentence is received, the court resumes suspended proceedings to continue them.
Art. 611fd. Notification of the judgment being overruled.
§ 1. If the judgment is overturned as a result of cassation, reopening of proceedings, remission of penalty or if the statute of
limitations on the enforcement of the penalty has expired or other circumstances have occurred which render the enforcement
of the judgment referred to in Article 611fa § 1 impossible, the court immediately notifies the competent court or other
authority of the executing State thereof.
§ 2. The court immediately notifies the competent court or other authority of the executing State of every payment made to
execute the penalty, penal measure, compensatory measure, to cover the costs of trial referred to in Article 611fa § 1, and also
about the forfeiture.
Art. 61lfd. Notification of the judgment being overruled.
§ 1. If the judgment is overturned as a result of cassation, reopening of proceedings, remission of penalty or if the statute of
limitations on the enforcement of the penalty has expired or other circumstances have occurred which render the enforcement
of the judgment referred to in Article 611fa § 1 impossible, the court immediately notifies the competent court or other
authority of the executing State thereof.
§ 2. The court immediately notifies the competent court or other authority of the executing State of every payment made to
execute the penalty, penal measure or to cover the costs of trial referred to in Article 611fa § 1.
Art. 611fe. Examination by the court. The court examines the case of the motion to the competent court or other authority
of the executing State in a hearing. The public prosecutor, the aggrieved party, another person or an entitled entity mentioned
in Article 611fb § 3, the offender, if he is staying in the territory of the Republic of Poland and his defence counsel, if he has
appeared, have the right to participate in the hearing. The decision of the court is not subject to interlocutory appeal.
Chapter 66b. Motion of a European Union Member State for the enforcement of financial penalties.
Art. 611ff. Imposition of a financial penalty.
§ 1. In case of a motion of a Member State of the European Union, in this Chapter referred to as “the issuing State”, to
execute a final and binding judgment imposing a financial penalty, this judgment is executed by the district court, in whose
judicial circuit the offender has property, gains revenues or resides permanently or temporarily. In the meaning of the
provision of this Chapter, “the financial penalty”is understood as the offender’s obligation to pay the following amounts
specified in the judgment:
1) a sum of money imposed as a penalty for an offence committed,
2) compensation for the benefit of victims, where the victim could not pursue his civil claim in criminal proceedings,
3) a sum of money to a public fund or a victim support organisation,
4) a sum of money in respect of the costs of court proceedings.
§ 2. The judgment referred to in § 1 or an attested copy is accompanied by a certificate containing all important information
§ 3. The court immediately commences the enforcement of the judgment issued by a competent court or other judicial
authority of the issuing State.
§ 4. If the court, to which the motion was submitted, does not have jurisdiction to action its course, it will refer the motion to a
competent court and notify an appropriate court or other authority of the issuing State thereof.
§ 5. If the judgment referred to in § 1 concerns offences not committed in the territory of the issuing State and falling within
the jurisdiction of Polish courts, the court may decide to reduce the financial penalty to the maximum limit of penalty or penal
measure which might be imposed for the same offence under Polish law.
Polish law. Article 611c § 3 applies accordingly.
Art. 611fg. Refusal to execute the judgment.
§ 1. The judicial authority may refuse to execute the judgment referred to in Article 611ff § 1, if:
1) the act to which this judgment relates does not constitute an offence under Polish law unless, according to the issuing
State, this is an offence mentioned in Article 607w or an offence:
a) committed with the use of violence or duress,
b) committed in connection with a mass event,
c) committed against safety in transport,
d) of theft,
e) of destroying or damaging property,
f) of smuggling goods,
g) of infringement of intellectual property rights,
h) established and serving the purpose of implementing obligations arising from instruments adopted by competent
institutions of the European Union to establish sanctions in the internal law of a Member State, however, exclusively
within the limits specified in those acts,
2) the certificate referred to in Article 611ff § 2 is not enclosed with the judgment or the certificate is incomplete or
manifestly does not correspond to the judgment,
3) the judgment transmitted for the enforcement concerns the same offence of the same person, with respect to which
criminal proceedings have already been finally concluded in a European Union Member State and a judgment imposing a
financial penalty has already been executed,
4) under Polish law, the statute of limitations on the enforcement of the penalty has expired and the offence in question falls
within the jurisdiction of Polish courts,
5) the judgment relates to an offence which, under Polish law, was committed in the territory of the Republic of Poland or on
6) the judgment relates to an offence committed outside the territory of the issuing State and Polish law does not provide for
the prosecution of this kind of offence, if it is committed outside the territory of the Republic of Poland,
7) the offender is not subject to the jurisdiction of Polish criminal courts or a permit for prosecution has not been granted,
although it is required,
8) the offender may not be held criminally responsible for the acts on which the judgment is based owing to his age,
9) from the contents of the certificate referred to in Article 611ff § 2 it transpires that the person, to whom the judgment
relates, has not been duly notified of the possibility and right to file an appeal against the judgment,
10) from the contents of the certificate referred to in Article 611ff § 2 it transpires that the judgment was issued in the
offender’s absence, unless:
a) the offender was summoned to participate in the proceedings or otherwise notified of the time and place of the trial or
hearing and instructed that failure to attend does not impede the issue of the judgment, or the offender was assisted by a
defence counsel, who attended the hearing or trial,
b) after a judgment was served on the offender together with an instruction on his rights, the time limit and manner of
submitting a petition for conducting new court proceedings in the same case and with his participation in the issuing State,
the offender fails to submit such a petition within a prescribed time limit or declared that he does not object to the
judgment,
11) the offence to which the judgment relates, would be covered by amnesty if fell under the jurisdiction of Polish criminal
courts,
12) the financial penalty imposed by the judgment is lower than EUR 70 or lower than the equivalent of this amount in
another currency.
Art. 611fh. Participants in the proceedings, court decision.
§ 1. The court examines the case for the enforcement of the judgment imposing financial penalty in a hearing. The public
prosecutor, the offender, if he is staying in the territory of the Republic of Poland and his defence counsel, if he has appeared,
have the right to participate in the hearing. If an offender who is not staying in the territory of the Republic of Poland, is not
assisted by a defence counsel, the president of the court competent to hear the case, may appoint a defence counsel ex officio
for him.
§ 2. The decision of the court on enforcement of the judgment imposing financial penalty is subject to interlocutory appeal.
§ 3. A final and binding judgment imposing financial penalty with the enclosed certificate referred to in Article 611ff § 2
constitutes an enforcement title and is subject to enforcement in Poland after the decision on its enforcement was issued.
§ 4. If information provided by the issuing State is insufficient to decide on enforcement of the judgment imposing financial
penalty, the court submits a motion to the competent court or other authority of the issuing State, to furnish supplementary
information within an indicated time limit.
§ 5. If the time limit referred to in § 4 is not observed, the decision on enforcement of the judgment is issued on the basis of
the initially received information.
Art. 611fi. Amount obtained from the enforcement of the judgment.
§ 1. The amount obtained from the enforcement of the judgment referred to in Article 611ff § 1 constitutes revenue of the
State budget.
§ 2. The Minister of Justice may conclude an agreement with a competent authority of the executing State providing for the
distribution of amounts obtained from enforcement of judgments referred to in § 1.
§ 3. If the agreement referred to in § 2 is concluded, the court, at the summons of a competent court or other authority of the
issuing State transfers the collected amounts in whole or in part, in accordance with the agreement.
Art. 611fj. Summons to confirm the payment.
§ 1. If an offender or other person presents proof that financial penalties imposed by the judgment liable to enforcement were
paid in full or in part, the court, before rendering the decision on the enforcement of the judgment, summons the competent
court or other authority of the issuing State to confirm the payment.
§ 2. Amounts obtained previously and credited against the penalty in the issuing or executing State is deducted from the
amount to be enforced.
Art. 611fk. Decision to discontinue enforcement proceedings. When information is received from the competent court or
other authority of the issuing State that the judgment transmitted for the purpose of being enforced is no longer liable to
enforcement, the court discontinues enforcement proceedings.
Art. 611fl. Notification of the contents. The competent court or other authority, which issued the judgment, is notified of the
contents of the decision on enforcement of the judgment imposing financial penalty, of the closing of enforcement
proceedings, as well as of replacing a financial penalty with community work or of the execution of replacement penalty of
imprisonment, if Polish law admits such a possibility. The notification may also be transmitted by any means of electronic
data transmission in the manner allowing the authenticity of transmitted documents to be established.
Art. 611fm. Costs of enforcement. The costs of the enforcement of the judgment referred to in Article 611ff § 1 are borne by
the State Treasury.
Chapter 66c. Motion to a European Union Member State for enforcement of a confiscation order.
Art. 611fn. Motion to the executing State.
§ 1. If a final confiscation order against a Polish citizen or a foreigner was issued by a Polish court, the court may submit a
motion for its enforcement directly to a competent court or other authority of the European Union Member State, in this
Chapter referred to as “the executing State”, in which the offender owns property or gains revenues, and if it is not possible to
establish this, of the State where he resides permanently or temporarily.
§ 2. The court submits the motion referred to in § 1 each time to only one executing State, subject to § 3 and 4.
§ 3. If the motion concerns specified assets, it may be submitted to more than one executing State, if it is probable that:
1) specified assets are located in more than one executing State or in one of many executing States,
2) enforcement proceedings will be conducted in more than one executing State.
§ 4. If the motion relates to a specified sum of money, it may be addressed to more than one executing State, if the property to
be confiscated has not been secured pursuant to the decision referred to in Article 589 g § 1 or if its value is not sufficient to
enforce the sum of money liable to confiscation, or if the interest of the proceedings speak for it.
§ 5. The attested copy of the order referred to in § 1 is accompanied by a certificate containing all important information
State.
§ 7. A copy of the order and certificate referred to in § 5 may also be transmitted by any means of electronic data transmission
in the manner allowing the authenticity of these documents to be established. On a motion of a competent court or other
authority of the executing State the court or public prosecutor transmits a copy of the order and the original of the certificate.
§ 8. In the event of difficulties in establishing a competent court or other authority of the executing State, the court or public
§ 9. The Minister of Justice shall define by way of a regulation the form of certificate referred to in § 5, containing all detailed
information concerning the order submitted for enforcement, including information on every payment made to execute the
order imposing the confiscation of money, confiscation of equivalent of objects or material benefit, as well as information on
the possible consent for the performance of confiscation through the payment of its equivalent in money, consent for the
surrender of assets other than money and of replacement forms of executing confiscation, bearing in mind the necessity to
provide the executing State with all necessary information enabling it to take a correct decision with respect to the
enforcement of the order.
Art. 611fm. Motion to the executing State.
§ 1. If a final confiscation order against a Polish citizen or a foreigner was issued by a Polish court, the court may submit a
motion for its enforcement directly to a competent court or other authority of the European Union Member State, in this
Chapter referred to as „the executing State”, in which the offender owns property or gains revenues, and if it is not possible to
establish this, of the State where he resides permanently or temporarily.
§ 2. The court submits the motion referred to in § 1 each time to only one executing State, subject to § 3 and 4.
§ 3. If the motion concerns specified assets, it may be submitted to more than one executing State, if it is probable that:
1) specified assets are located in more than one executing State or in one of many executing States,
2) enforcement proceedings will be conducted in more than one executing State.
§ 4. If the motion relates to a specified sum of money, it may be addressed to more than one executing State, if the property to
be confiscated has not been secured pursuant to the decision referred to in Article 589 g § 1 or if its value is not sufficient to
enforce the sum of money liable to confiscation, or if the interest of the proceedings speak for it.
§ 5. The attested copy of the order referred to in § 1 is accompanied by a certificate containing all important information
State.
§ 7. A copy of the order and certificate referred to in § 5 may also be transmitted by any means of electronic data transmission
allowing the authenticity of these documents to be established. On a motion of a competent court or other authority of the
executing State the court or public prosecutor transmits a copy of the order and the original of the certificate.
§ 9. The Minister of Justice shall define by regulation the form of certificate referred to in § 5, containing all detailed
information concerning the order submitted for enforcement, including information on every payment made to execute the
order imposing the confiscation of money, confiscation of equivalent of objects or material benefit, as well as information on
the possible consent for the performance of confiscation through the payment of its equivalent in money, consent for the
surrender of assets other than money and of replacement forms of executing confiscation, bearing in mind the necessity to
Art. 611fo. Summons to make a payment to the bank account.
§ 1. If the amount obtained from the enforcement of judgments referred to in Article 611fn § 1, exceeds the equivalent of
Euro 10 000, the court summons the competent court or other authority of the executing State to transfer half of the amount
gained to the bank account of this court.
§ 2. If the motion refers to the confiscation of an amount of money, the court may summon the competent court or other
authority of the executing State to transfer property other than money, gained as a result of enforcement of the order, to which
the motion relates.
§ 3. The Minister of Justice may conclude an agreement with a competent authority of the executing State regulating the
manner of executing confiscation orders and in particular providing for a different distribution of amounts obtained from
enforcement of orders referred to in § 1.
§ 4. If the agreement referred to in § 3 is concluded, the court summons a competent court or other authority of the executing
State to transfer the enforced amount or property other than money gained as a result of execution, in accordance with the
agreement.
Art. 611fp. Continuation of enforcement proceedings. The submission of a motion for enforcement of an order referred to
in Article 611fn § 1 does not halt enforcement proceedings.
Art. 611fr. Circumstances requiring an immediate notification of the court.
§ 1. If the order is overturned as a result of cassation, reopening of proceedings, remission of penalty, prescription of its
enforcement or in case of other circumstances rendering the enforcement of the order referred to in Article 611fn § 1
impossible, the court immediately notifies the competent court or other authority of the executing State thereof.
§ 2. The court immediately notifies the competent court or other authority of the executing State of every amount of money
gained as a result of enforcement of orders referred to in Article 611fn § 1.
Art. 611fs. Examination of the issue of submitting a motion. The court examines the matter of submitting a motion to a
competent court or other authority of the executing State in a hearing. The public prosecutor, the offender, if he is staying in
the territory of the Republic of Poland and his defence counsel, if he has appeared, have the right to participate in the hearing.
The decision of the court is not subject to interlocutory appeal.
Art. 611ft. Reimbursement of the equivalent of compensation.
§ 1. If, according to the law of the executing State, this State is responsible for any damage caused in connection with the
enforcement of a confiscation order issued by a Polish court, on a motion of the competent court or another competent
authority of this State, the State Treasury reimburses it the amount of money equivalent to the compensation paid.
§ 2. The provision of § 1 does not apply if the damage is exclusively a consequence of an act or omission on the part of the
authority of the executing State.
Chapter 66d. Motion of a European Union Member State for enforcement of a confiscation order.
Art. 611fu. Court competent to execute the order.
execute a final and binding confiscation order, this order is executed by the district court, in whose judicial circuit the
offender has property, gains revenues or resides permanently or temporarily.
§ 2. The order referred to in § 1 or its attested copy is accompanied by a certificate containing all important information
§ 3. The court immediately commences the enforcement of the order issued by the issuing State.
§ 4. If the court to which the motion was submitted does not have jurisdiction to action the order, it will refer the motion to
the competent court and notify thereof an appropriate court or other authority of the issuing State.
Art. 611fw. Confiscation of material benefit, refusal to execute the order.
§ 1. The judicial authority refuses to execute an order to confiscate a material benefit or its equivalent in this part, in which it
is based on the assumption of being derived from an offence, other than the assumption that:
1) the material benefit was derived from an offence other than that, for which the offender was sentenced, committed prior to
the judgment, even if not yet final, was issued,
2) the material benefit was derived from an offence similar to the offence, for which the offender was sentenced, committed
prior to the judgment, even if not yet final, was issued,
3) the property is derived from an offence that is not covered by the disclosed sources of income of the offender.
§ 2. The judicial authority may refuse to execute the order to confiscate a material benefit or its equivalent, based on the
assumption referred to in § 1, in the part, in which the confiscation order would not be permissible according to Polish law.
§ 3. The judicial authority may refuse to execute the confiscation order referred to in Article 611fu § 1, if:
1) the act to which the order relates does not constitute an offence under Polish law or according to Polish law confiscation
cannot be adjudicated for this offence, unless pursuant to the law of the issuing State, it is an offence mentioned in Article
607w, the provision of Article 607r § 2 applies accordingly,
2) the certificate referred to in Article 611fu § 2 has not been enclosed to the order or the certificate is incomplete or
manifestly does not correspond to the order,
3) the order transmitted for enforcement concerns the same offence of the same person with respect to which criminal
proceedings have already been finally concluded in a European Union Member State and a confiscation order has already
been executed,
4) under Polish law, the statute of limitations on the enforcement of the penalty has expired and the offences in question fall
within the jurisdiction of Polish courts,
5) the order relates to offences, which according to Polish law, were committed entirely or in part in the territory of the
Republic of Poland or on a Polish aircraft or vessel,
6) the order relates to an offence committed outside the territory of the issuing State and Polish law does not provide for the
prosecution of this kind of offence, if it was committed outside the territory of the Republic of Poland,
8) from the contents of the certificate referred to in Article 611fu § 2 it transpires that the order has been issued in the
absence of the offender, unless:
a) the offender has been summoned to participate in the proceedings or otherwise notified of the time and place of the
trial or hearing and instructed that failure to attend does not impede the issue of the judgment or the offender was assisted
by a defence counsel, who attended the hearing or trial;
b) after the judgment was served on the offender together with the instruction on his rights, the time limit and manner of
submitting of a petition for conducting new court proceedings in the same case and with his participation in the issuing
State, the offender fails to submit such a petition within a prescribed time limit or declared that he does not object to the
judgment,
9) the offence to which the order relates, would be covered by amnesty if fell under the jurisdiction of Polish criminal courts,
10) there is a justified concern that enforcement of the order might infringe the rights of third parties.
§ 4. If information provided by issuing State is insufficient to decide on the enforcement of the confiscation order, the public
prosecutor summons the competent court or other authority of the issuing State, to furnish supplementary information within
an indicated time limit.
§ 5. If the time limit referred to in § 4 is not observed, the decision on enforcement of the judgment is issued on the basis of
the initially received information.
§ 6. If the enforcement of the judgment is not possible for factual or legal reasons, the court immediately notifies the
competent court or other authority of the issuing State thereof.
Art. 611fx. Examination of the matter of enforcement of an order.
§ 1. The court examines the matter of enforcement of the confiscation order in a hearing. The public prosecutor, the offender
if he is staying in the territory of the Republic of Poland, his defence counsel, if he has appeared and a third party, whose right
may be infringed by the enforcement of the order, have the right to participate in the hearing. If an offender who is not staying
in the territory of the Republic of Poland, is not assisted by a defence counsel, the president of the court competent to hear the
case, may appoint a defence counsel ex officio for him.
§ 2. The decision of the court on the enforcement of confiscation order is subject to interlocutory appeal, which may be filed
by the parties and by the third party mentioned in § 1. The court which issues the decision notifies the competent court or
other authority of the issuing State of the filing of the interlocutory appeal.
§ 3. The final and binding confiscation order with the enclosed certificate constitutes an enforcement title and is subject to
enforcement in Poland after the decision on its enforcement was issued.
Art. 611fy. Reasons for suspending the proceedings.
§ 1. The court may suspend the proceedings related to the enforcement of the order referred to in Article 611fu § 1, if:
1) a motion concerning an amount of money was submitted to more than one Member State and it is probable that due to the
enforcement of the order in several Member States, the confiscated amount will be higher than the one indicated in the order,
2) the enforcement of the order might obstruct criminal proceedings in progress,
3) the property may be liable to confiscation in the proceedings conducted in Poland,
4) the court finds it necessary to have the order translated into Polish.
§ 2. The decision of the court on suspension of proceedings is subject to interlocutory appeal, which may be filed by the
parties and by the third party mentioned in Article 611fx § 1. The court, which issued the decision, notifies the competent
court or other authority of the issuing State of the suspension of proceedings and reasons thereof.
§ 3. If the proceedings are suspended, the court may ex officio secure the enforcement of the order. Provisions on security on
the property of the accused apply accordingly.
Art. 611fz. Joint adjudication. If property liable to enforcement is not sufficient to enforce two or more judgments referred
to in Article 611fu § 1, issued against the same person and concerning an amount of money or if two or more judgments
concern a specified component of property, the court adjudicates jointly as to the enforcement of judgments in whole or in
part.
Art. 611fza. Summons to confirm the payment.
§ 1. If the offender or another person presents proof that the judgment, referred to in Article 611fu § 1 was executed in full or
in part, the court, before rendering a decision on the enforcement of the judgment, summons a competent court or other
authority of the issuing State to confirm the payment.
§ 2. Amount obtained previously and credited against the penalty in the issuing or executing State is deducted from the
amount to be enforced.
Art. 611fzb. Use of amounts obtained from enforcement.
§ 1. The amount obtained from the enforcement of the judgment referred to in Article 611fu § 1, not exceeding Euro 10 000,
constitutes revenue of the State budget. In other cases, half of the amount gained is transferred to the issuing State to a bank
account indicated by a competent court or other authority of that State.
§ 2. Property other than money, gained from the enforcement of the judgment referred to in § 1 is liquidated pursuant to the
provisions on enforcement of monetary claims in administrative enforcement proceedings. The provision of § 1 applies
accordingly to the amount gained as a result of enforcement.
§ 3. In justified cases, the court may renounce the liquidation of property referred to in § 2 and hand it over to the competent
court or other authority of the issuing state. If the motion concerns an amount of money, it may be handed over only with the
consent of this court or authority.
§ 4. The court refuses to hand over to the issuing State objects, which constitute cultural assets as part of the national cultural
heritage.
§ 5. The Minister of Justice may conclude an agreement with a competent authority of the executing State concerning the
manner of enforcement of the confiscation order and in particular providing for different distribution of amounts obtained
from enforcement of judgments referred to in § 1.
§ 6. If the agreement referred to in § 5 is concluded, the court, at the summons of a competent court or other authority of the
issuing State transfers the collected amounts in whole or in part or property other than money, in accordance with the
agreement.
Art. 611fzc. Discontinuation of enforcement proceedings. When information is received from a competent court or other
authority of the issuing State that the judgment transmitted for the purpose of being enforced is no longer liable to
enforcement, the court discontinues enforcement proceedings.
Art. 611fzd. Notification of the competent court. A competent court or other authority that issues the judgment is notified
immediately of the contents of the decision on enforcement of the confiscation order, as well as of the conclusion of
enforcement proceedings. The notification may also be transmitted by any means of electronic data transmission in the
manner allowing the authenticity of transmitted documents to be established.
Art. 611fze. Costs of enforcement.
§ 1. The costs of the enforcement of the judgment referred to in Article 611fu § 1 are borne by the State Treasury. In justified
cases, the court may submit a motion to the competent court or other authority of the issuing State to reimburse a part of
expenses incurred. The motion is accompanied by a detailed list of expenses incurred with a proposal of their distribution.
§ 2. If the State Treasury is responsible for the damage caused in connection with the enforcement of a confiscation order
issued by a judicial authority of the executing State, the State Treasury submits a motion to a competent authority of this State
to reimburse the amount of money equivalent to the compensation paid.
§ 3. The provision of § 2 does not apply if the damage is exclusively a consequence of an act or omission on the part of the
Polish authority.
Chapter 66e. Cooperation with the International Criminal Court.
Art. 611g. General duty of cooperation.
§ 1. A motion for cooperation with the International Criminal Court, hereinafter referred to as the “International Court”,
depending upon the stage of proceedings, is executed by a competent court or public prosecutor, through the intervention of
the Minister of Justice.
§ 2. The provisions of § 1 apply accordingly to the requests for judicial assistance submitted to the International Court by the
court or public prosecutor.
Art. 611h. Motion to surrender a person.
§ 1. In case of a motion from the International Court to surrender a person to the International Court, within the meaning of
the Statute hereinafter referred to as the “motion for surrender”, before the first examination of the person concerned, he is
instructed of his rights arising under the Statute and of the possibility of raising an objection that criminal proceedings for the
offence to which the motion is related, have already been concluded with a final and binding judicial decision.
§ 2. If there are circumstances justifying the objection referred to in § 1, the court notifies the Minister of Justice thereof, who
may postpone the execution of the motion for surrender.
§ 3. When adjudicating on the admissibility of surrender of a person, Article 604 does not apply.
§ 4. If, after the court renders the decision on the admissibility of the surrender of a person to the International Court, the
Minister of Justice postpones the execution of the motion due to criminal proceedings being conducted in the Republic of
Poland or the penalty of imprisonment being served by this person for another offence, the person concerned may be
temporarily surrendered to the International Court in accordance with the principles agreed with the International Court.
§ 5. The arrangements with the International Court, referred to in § 4, are made by the Minister of Justice.
Art. 611i. Motion for permission to transport a person.
§ 1. In the event of an unscheduled landing in the territory of the Republic of Poland of a person delivered to the International
Tribunal by air, the Minister of Justice may address the International Court with a motion to produce a motion for permission
to carry out such transport.
§ 2. If, within 96 hours of the unscheduled landing, the motion referred to in § 1 is not filed, the transported person is
released.
Art. 611j. Imposition of detention on remand.
§ 1. On a motion of the International Court for detention on remand, arrest and delivery of the requested person, the court
imposes detention on remand.
§ 2. The detention on remand referred to in § 1 may be overturned or replaced with a less severe preventive measure in the
cases specified in the Statute. Articles 257-259 do not apply.
§ 3. In the decision to overturn or replace detention on remand, the position of the International Court is taken into
consideration.
Art. 611k. Motion for extended prosecution. Before considering a motion of the International Court for the consent to
prosecute, punish or deprive a surrendered person of liberty with respect to an offence committed prior to the surrender, other
than that for which the surrender took place, the Minister of Justice may address the International Court to provide additional
information, together with the record containing the declaration of the surrendered person as to the offence defined in the
motion.
Art. 611l. Further surrender. The Minister of Justice may consent for the surrender to the International Court of a person
surrendered or transferred to another country.
Art. 611m. Execution of the motion and the principles of Polish legal order. If the provision of the legal assistance,
provided for in the Statute, in the scope and manner defined in the motion of the international Court, were contrary to the
legal order of the Republic of Poland, the court or public prosecutor does not decide with respect to the motion and transfers
the case file to the Minister of Justice for the purpose of making arrangements with the International Court.
Art. 611n. Refusal to provide legal assistance. If the request of the International Court for judicial assistance refers to a
procedure other than that provided for in the Statute, the execution of which, despite the arrangements made with the
International Court is still inadmissible by virtue of law and legal assistance cannot be provided under any circumstances, at a
later date or in another way, the public prosecutor refuses to provide it.
Art. 611o. Documents containing confidential information.
§ 1. If the motion of the International Court for judicial assistance refers to the delivery of documents or other evidence
containing information, the disclosure of which might endanger security of the Republic of Poland, the court or public
prosecutor does not decide with respect to the motion and transfers the case file to the Minister of Justice, who, upon
consultation with a competent authority, makes arrangements with the International Court.
§ 2. If, despite the arrangements made with the International Court, the provision of the judicial assistance would still
endanger the security of the Republic of Poland, the court or public prosecutor refuses to provide it.
Art. 611p. Document obtained from another country or international organisation. If the motion of the International
Court for judicial assistance refers to the delivery of documents or other evidence made available to the authority or
institution of the Republic of Poland by another State or international organisation on the condition that information contained
therein is kept confidential, this document or evidence may be surrendered only with the consent of the party, which made it
available.
Art. 611r. Presence and participation of the Prosecutor of International Court, independent procedures.
§ 1. During the execution of the motion for cooperation, on a request of the International Court, the Prosecutor of the
International Court or other persons authorised by the International Court is enabled to attend the performance of procedures,
to which the motion relates.
§ 2. The persons referred to in § 1 may request that specified questions be asked and may record the procedure for the needs
of the proceedings conducted before the International Court.
§ 3. The Prosecutor of the International Court is enabled to independently carry out procedures in the territory of the Republic
of Poland in accordance with the principles and conditions laid down in the Statute.
Art. 611s. Consultations. The arrangements with the International Court, referred to in the Statute, other than those defined
in this Chapter, are carried out by the Minister of Justice.
Art. 611s. Consultations. The arrangements with the International Court, referred to in the Statute, other than those defined
in this Chapter, are carried out by the Minister of Justice.
Chapter 66f. Motion to a European Union Member State for the enforcement of the penalty of imprisonment.
Art. 611t. Executing State.
§ 1. If a Polish court has sentenced a Polish citizen or a foreigner to penalty of imprisonment liable to execution, the circuit
court in the circuit where the judgment was rendered with the consent of the offender, may file a motion to enforce this
judgment directly to a competent court or other authority of a European Union Member State, referred to in this Chapter as
the “executing State”, if the transfer of the judgment for the purpose of enforcement will allow a higher extent the educational
and preventive objectives of the penalty to be realized.
§ 2. The motion referred to in § 1 may also be submitted on a request of the Minister of Justice, competent court or other
authority of the executing State or the offender.
§ 3. The motion referred to in § 1 is submitted by the court to a competent court or other authority of:
1) the executing State, of which the offender is a citizen and where he resides permanently or temporarily,
2) the executing State, of which the offender is a citizen and where he does not reside either permanently or temporarily, but
to which he will be extradited on the basis of a final and binding judicial decision, after the execution of the penalty or release
from a penal institution,
3) another executing State, with the consent of a competent court or other authority of this State,
- insofar as the offender is staying in the territory of the Republic of Poland or in the State, to which the motion was
addressed.
§ 4. The court submits the motion referred to in § 1 each time to only one executing State. A repeated motion may be
submitted only if the judgment has not been executed in whole or in part.
§ 5. The consent of the offender for the surrender is not required if the motion is submitted to:
1) the executing State, of which the offender is a citizen and where he resides permanently or temporarily,
2) the executing State, to which the offender will be extradited after the execution of the penalty or release from a penal
institution, on the basis of a final and binding judicial decision obliging the offender to return,
3) the executing State, to which the offender has fled for fear of criminal proceedings pending in the Republic of Poland and
obligation to serve the penalty imposed.
§ 6. An attested copy of the judgment referred to in § 1 is accompanied by a certificate containing all important information
enabling its correct enforcement. The copy of the judgment and of the certificate is transferred to the Minister of Justice.
State.
or other authority of the executing State, the court or public prosecutor transmits a copy of the judgment and the original of
the certificate.
§ 10. The Minister of Justice shall define by way of a regulation the form of certificate referred to in § 6, including detailed
information concerning the judgment transmitted for the purpose of enforcement therein, bearing in mind the necessity to
Art. 611ta. Consent for the transmission of the judgment for the purpose of enforcement.
§ 1. Before submitting the motion, referred to in Article 611t § 3 point 3 to the State, the court addresses a competent court or
other authority of this State, asking for the consent to transmit the judgment for the purpose of enforcement. In other cases,
the court may submit a motion to a competent court or other authority of the executing State for an opinion on the
transmission of the judgment.
§ 2. If circumstances are disclosed indicating that the transmission of the judgment to the executing State for the purpose of
enforcement would not allow the educational and preventive objectives of the penalty to be realised to a greater extent, the
court may renounce the submission of motion referred to in Article 611t § 1 or withdraw it.
Art. 611tb. Mode of examination of the matter.
§ 1. The court examines the matter of the motion to a competent court or other authority of the executing State in a hearing.
The public prosecutor, the aggrieved party, the offender if he is staying in the territory of the Republic of Poland and his
defence counsel, if he appears, may participate in the hearing. The decision of the court is not subject to interlocutory appeal.
§ 2. The court enables an offender staying in the territory of the Republic of Poland, to present his position with respect to the
motion referred to in Article 611t § 1 orally or in writing. If the consent of the accused for surrender is required, the court
accepts from the accused staying in the territory on the Republic of Poland the declaration in this respect.
§ 3. If an offender staying in the territory of the Republic of Poland does not consent to the motion referred to in Article 611t
§ 1, the court discontinues the proceedings concerning the motion, unless Article 611t § 5 is to apply. In other cases, the
declaration is transmitted to the executing State together with the certificate referred to in Article 611t § 6.
§ 4. If the offender is staying in the territory of the Republic of Poland, the court notifies him of the submission of the
judgment, in the remaining cases, the notification is transmitted to the executing State together with the certificate referred to
in Article 611t § 6.
§ 5. The Minister of Justice shall define by way of a regulation the form of certificate referred to in § 4, including information
on important details connected with the enforcement of the judgment, such as the designation of competent authorities of both
issuing and executing States, conditions of penalty, conditional release or conditional suspension of the penalty, bearing in
mind the necessity of informing the offender of the transmission of the judgment.
Art. 611tc. Information on the content of foreign law.
§ 1. The court may address a competent court or other authority of the executing State to provide information on the content
of foreign law applicable to conditional release. After it is obtained, the court may renounce the submission of the motion
referred to in Article 611t § 1 or withdraw it or reserve in the agreement with a competent court or other authority of the
executing State that the decision on conditional release should be governed by Polish law.
§ 2. Until the commencement of the execution of the penalty in the executing State, the court may renounce the submission of
the motion referred to in Article 611t § 1 or withdraw it, also if other impediments have occurred.
§ 3. If the executing State requests a consent to prosecute the offender for an offence committed or to execute penalties
imposed prior to the surrender, the court issues the decision with respect to the motion within 30 days. Article 607e § 3 point
6, Article 607p, Article 607r and Article 607s § 1 and 2 apply accordingly.
Art. 611td. Suspension of enforcement proceedings.
§ 1. The submission of a motion for enforcement of the judgment referred to in Article 611t § 1 does not halt enforcement
proceedings.
§ 2. After receiving information that the offender has begun to serve the sentence in the executing State, enforcement
proceedings are suspended.
§ 3. After the information is received that the penalty was served, the court resumes suspended proceedings and discontinue
them. Proceedings are discontinued also if in another Member State of the European Union a judicial decision was issued
with respect to the same offence and this decision was executed.
§ 4. If notification is received that the enforcement of the judgment is entirely or partially impossible due to reasons other than
those specified in § 3 second sentence, the court resumes suspended proceedings for the purpose of its continuation.
§ 5. The court may agree with the competent court or other authority of the executing State that the penalty of imprisonment
will be served in this country only in part, provided that this will not result in prolonging the duration of the penalty. In such a
case, after the receipt of the information referred to in § 2, enforcement proceedings are suspended until the offender is
surrendered in order to continue the execution of penalty in the territory of the Republic of Poland, and the period of
imprisonment in the executing State is credited against the penalty.
Art. 611te. Effects of overturning the judgment. If the judgment referred to in Article 611t § 1 was overturned as a result of
cassation, reopening of proceedings, pardon granted to the offender, amnesty or when execution of the judgment is barred by
statutory time limitations, the court immediately notifies the competent court or other authority of the executing State thereof.
Art. 611tf. Time limit for the surrender of the offender.
§ 1. The offender staying in the territory of the Republic of Poland is surrendered to a competent court or other authority of
the executing State at the latest within 30 days of the day, on which the decision on the enforcement of the judgment rendered
in this country, has become final and binding. Article 607n § 2 applies accordingly.
§ 2. If it is necessary to obtain the consent of another Member State of the European Union for the transport of the offender
through its territory, the Minister of Justice files a motion for a relevant permission. Article 611t § 6 first sentence and § 7
§ 3. In case a competent authority of another Member State of the European Union informs that the offender may be
prosecuted or deprived of liberty in connection with an offence committed prior to leaving the territory of the Republic of
Poland, the Minister of Justice may withdraw the motion for permission for transport.
§ 4. In case of an unscheduled landing referred to in Article 607zb § 4, information referred to in Article 611t § 6 is provided
within 72 hours.
Chapter 66g. Motion of a European Union Member State for the enforcement of a penalty of imprisonment.
Art. 611tg. Issuing State.
execute a final and binding judgment imposing a penalty of imprisonment in the Republic of Poland, this judgment is
enforced by the circuit court.
§ 2. The circuit court, on a motion of the Minister of Justice, of the offender or ex officio, may address a competent court or
other authority of the issuing State with the motion for the transfer of the judgment referred to in § 1 for the purpose of
enforcement, if it will allow the educational and preventive objectives of the penalty to be realised to a greater extent.
§ 3. The order referred to in § 1, or an attested copy, is accompanied by a certificate containing all important information
§ 4. If such circumstances are disclosed that indicate that the transfer of the penalty will not allow its educational and
preventive objectives to be realised to a greater extent, the court notifies a competent court or other authority of the issuing
State thereof.
§ 5. On a motion of a competent court or other authority of the issuing State, the court may consent to the execution of the
penalty of imprisonment, imposed on the offender who is not a Polish citizen or does not reside permanently or temporarily in
the territory of the Republic of Poland, if it will allow the educational and preventive objectives of the penalty to be realised
to a greater extent.
§ 6. If the provision of this Chapter do not provide otherwise, the enforcement of judgments referred to in § 1 is governed by
Polish law.
Art. 611th. Competent court.
§ 1. The circuit court in whose circuit the offender resides permanently or temporarily, will have jurisdiction to hear the cases
defined in Article 611tg § 1, 2 and 5.
§ 2. If it is not possible to establish jurisdiction in accordance with the principles defined in § 1, it is vested in the Circuit
Court in Warsaw.
§ 3. If the court, to which the judgment was submitted, does not have jurisdiction to action the order, it will refer the judgment
to the competent court and notify thereof an appropriate court or other authority of the issuing State.
Art. 611ti. Manner of proceeding.
§ 1. The court examines the case for the enforcement of the judgment referred to in Article 611tg § 1 in a hearing. The public
prosecutor, the offender, if he is staying in the territory of the Republic of Poland and his defence counsel, if he has appeared,
for him.
§ 2. The offender may orally or in writing express his consent for the transfer or make a declaration of waiver of the right
defined in Article 611tm, if the consent or declaration has not been expressed in the issuing State. Article 611t § 5 applies
accordingly.
§ 3. If information provided by issuing State is insufficient to decide on enforcement of the judgment, the court calls the
competent court or other authority of the issuing State, to furnish supplementary information within an indicated time limit. If
the time limit is not observed, the decision on enforcement of the judgment is issued on the basis of the initially received
information.
Art. 611tj. Time limit for the issue of the decision.
§ 1. The decision on enforcement of the judgment referred to in Article 611tg § 1 is issued by the court within 40 days of the
receipt of the judgment and certificate.
§ 2. The decision of the court on enforcement of the judgment is subject to interlocutory appeal.
§ 3. Proceedings with respect to the enforcement of the judgment should be concluded with a final and binding judicial
decision within 90 days of the receipt of the judgment and certificate.
§ 5. A copy of the judgment is submitted to the Minister of Justice.
Art. 611tk. Refusal to execute the judgment.
§ 1. The judicial authority refuses to execute the judgment referred to in Article 611tg § 1, if:
1) the act to which this judgment relates, does not constitute an offence under Polish law,
2) the judgment transmitted for the enforcement concerns the same offence by the same person, with respect to which
penalty of imprisonment has already been executed,
3) the offender does not consent to the transfer, unless:

a) he is a Polish citizen and he resides permanently or temporarily in the territory of the Republic of Poland,
b) a decision on expulsion or deportation to the territory of the Republic of Poland was issued against him,
c) he has fled to the territory of the Republic of Poland for fear of criminal proceedings conducted in the issuing State or
duty to serve the penalty,
5) this would violate human and citizen’s rights and freedoms,
6) the execution of the penalty is connected with the application of a therapy or other measures unknown to the law,
7) the offender is not a Polish citizen, unless conditions mentioned in § 4 are fulfilled.
§ 2. The provisions of § 1 point 1 does not apply, if the act does not constitute an offence because Polish law does not impose
the issuing State.
§ 3. The judicial authority may refuse to execute the judgment referred to in Article 611tg § 1, if:
1) despite the motion of the court to supplement the information within a fixed time limit, the certificate referred to in Article
611tg § 3 has not been enclosed to the judgment or the certificate is incomplete or manifestly does not correspond to the
judgment,
3) the offender does not reside in the territory of the Republic of Poland either permanently or temporarily, unless he was
expelled to Poland or conditions mentioned in § 4 are fulfilled,
4) from the contents of the certificate referred to in Article 611tg § 3 it results that:
hearing and instructed that failure to attend does not impede the issue of the judgment,
b) a defence counsel of the offender attended the hearing or trial,
c) after the judgment was served on the offender together with the instruction on his rights, the time limit and manner of
State, the offender has failed to submit such a petition within a prescribed time limit or declared that he does not object to
the judgment,
6) on the day, when the judgment was received, the remaining penalty is shorter than six months of deprivation of liberty,
8) the offence, to which the judgment related, would be covered by amnesty if fell under the jurisdiction of Polish criminal
courts,
9) the authority of the issuing State has not consented, pursuant to Article 607e § 3 point 8 in conjunction with Article 611tm,
for the prosecution of the offender for an offence other than the one, which constituted grounds for surrender, or for execution
of the penalty of imprisonment imposed on the offender for another offence.
§ 4. The court may consent to the transfer for the purpose of enforcement of the judgment referred to in Article 611tg § 1,
issued against the offender who is not a Polish citizen or does not reside in the territory of the Republic of Poland either
permanently or temporarily, if due to family or particular personal circumstances of the offender, the transfer of the judgment
will allow the educational and preventive objectives of the penalty to be better realised.
§ 5. In the cases provided for in § 1 point 2,3,6 and in § 3 point 1, 2, 4, 5 and 8, the court notifies a competent court or other
authority of the issuing State of the possibility of refusing to enforce the judgment before rendering the decision on the
enforcement of judgment.
Art. 611tl. Legal classification of the offence.
§ 1. When ruling on the enforcement of a penalty of imprisonment, the court determines the legal classification of the offence
according to Polish law. Article 607s § 4 applies accordingly. The duration of the effective deprivation of liberty in the
executing State is credited against the penalty of imprisonment imposed or served.
§ 2. If the kind of penalty consisting in the deprivation of liberty is unknown to the law, the court determines that the penalty
to be enforced will be the penalty of imprisonment. If the offence, in accordance with the legal classification adopted in
Poland, is not punishable with the penalty of imprisonment, the penalty imposed by the issuing State is enforced, but its
duration may not exceed six months.
Art. 611tm. Relevant application.
§ 1. In the proceedings for the enforcement of a final and binding judgment of another Member State of the European Union,
imposing the penalty of imprisonment, Article 607e applies accordingly.
§ 2. On a motion of a competent court or other authority of the issuing State, the court provides information on the contents of
Polish law applicable to the conditional release. If the issuing State withdraws the motion until the commencement of
execution of the penalty, the judgment will not be enforced.
Art. 611tn. Decision to discontinue enforcement proceedings.
§ 1. If notification is received from the competent court or other authority of the issuing State that the judgment transmitted
for the purpose of enforcement is not to be executed any further, the court immediately issues a decision to discontinue
enforcement proceedings.
§ 2. If further enforcement of the judgment is not possible for factual or legal reasons, the court immediately issues a decision
to discontinue enforcement proceedings and notifies thereof a competent court or other authority of the issuing State.
Art. 611to. Decision on detention on remand.
§ 1. If the offender is staying in the territory of the Republic of Poland, the court, ex officio or on a motion of a competent
court or other authority of the issuing State, may issue an order to apply detention on remand. Instead of detention on remand,
the court may apply another preventive measure, if it is sufficient to ensure that the offender will remain in the territory of the
Republic of Poland until the decision on enforcement of the judgment is rendered.
§ 2. If the application of the measure defined in § 1 is a consequence of submission of a motion of the issuing State before the
judgment with the certificate are received, Article 605 § 5 and 6 and Article 607k § 3a apply accordingly.
§ 3. The court may impose detention on remand, setting its duration for the period necessary to transfer the offender from the
territory of a Member State of the European Union and deliver him to a penal institution. The total duration of detention on
remand may not exceed 100 days. The judgment on execution of the penalty of imprisonment passed in another Member State
of the European Union constitutes autonomous grounds for application of detention on remand.
Art. 611tp. Permission for the transport of the offender.
§ 1. On a motion of the issuing State, the Minister of Justice grants the permission for transport of the offender through the
territory of the Republic of Poland, within seven days of the receipt of the motion.
§ 2. The permission for transport, referred to in § 1, is accompanied by the certificate referred to in Article 611tg § 3. The
issue of the permission may be postponed until the certificate is translated into Polish.
§ 3. The Minister of Justice notifies the competent authority of the issuing State that Article 607e § 1 is not applicable with
respect to an offence committed or the penalty of imprisonment imposed prior to the offender’s leaving the territory of the
issuing State.
§ 4. Article 607zb § 2-4 applies accordingly.
Art. 611tr. Notification.
§ 1. The competent court or other authority of the issuing State is immediately notified of the contents of the decision on
enforcement of the judgment referred to in Article 611tj § 1, of other important rulings issued in course of the enforcement
proceedings, and of the escape of the offender or his going into hiding. The notifications may also be transmitted by any
means of electronic data transmission in the manner allowing the authenticity of transmitted documents to be established.
§ 2. If the offender has escaped or gone into hiding, enforcement proceedings are discontinued. If his place of stay in the
territory of the Republic of Poland has subsequently been established, the competent court or other authority of the issuing
State is immediately notified thereof. The penalty of imprisonment adjudicated in this country may be enforced, if the
competent court or other authority of the issuing State submits again the motion referred to in Article 611tg § 1.
Art. 611ts. Costs. The costs of the enforcement of the judgment referred to in Article 611tg § 1 are borne by the State
Treasury, except for the costs of surrendering the offender in the territory of the Republic of Poland.
Chapter 66h. Motion to a European Union Member State for the enforcement of a judgment imposing a conditionally
suspended penalty of imprisonment, a penalty of restriction of liberty, an autonomous penal measure, and decisions on
conditional release and conditional.
Art. 611u. Executing State.
§ 1. If the Polish court has sentenced a Polish citizen or a foreigner to a conditionally suspended penalty of imprisonment, a
penalty of restriction of liberty, an autonomous penal measure or issued a decision on conditional release or conditional
discontinuation of proceedings and imposed duties on the offender specified in Article 34 § 1a point 1, Article 39 point 2-2d,
Article 46 § 1 and 2, Article 67 § 2, Article 72 § 1 point 1, 3-7a and 8 or Article 72 § 2 of the Criminal Code, or submitted the
offender to the supervision of probation officer or a public institution, the court may file a motion to enforce this judgment
directly to a competent court or other authority of a European Union Member State, referred to in this Chapter as the
“executing State”, in which the offender has a lawful residence, if he is staying in that country or declares the intention of
returning there.
§ 2. The motion referred to in § 1 may also be, on a motion of the accused, submitted to a Member State other than the State
where the accused has his lawful residence, if a competent court or other authority of that State consents.
§ 3. The court submits the motion referred to in § 1 and § 2 each time to only one executing State. A repeated motion may be
submitted only if the judgment has not been executed in whole or in part.
§ 4. An attested copy of the judgment referred to in § 1 is accompanied by a certificate enabling its correct enforcement.
§ 5. The certificate should be translated into the official language of the executing State or another language indicated by this
State.
certificate.
§ 8. The Minister of Justice shall define by way of a regulation the form of certificate referred to in § 4, including information
concerning the judgment transmitted for the purpose of enforcement therein, the details of the offender, type and duration of
penalty or measure or duration and manner of executing duties imposed, bearing in mind the necessity to provide the
executing State with all necessary information enabling it to take a correct decision with respect to the enforcement of the
judgment.
Art. 611ua. Suspension, discontinuation of proceedings.
§ 1. If the motion for enforcement of a judgment referred to in Article 611u § 1 is submitted, enforcement proceedings are
suspended.
§ 2. After the information is received that judgment was executed, the court resumes suspended proceedings and discontinues
them. Proceedings are discontinued also if in another Member State of the European Union a judicial decision was issued
with respect to the same offence and this decision was executed.
§ 3. If notification is received that the enforcement of the judgment is entirely or partially impossible due to reasons other than
specified in § 2 second sentence or that the executing State cannot issue the decision to enforce the penalty conditionally
suspended, to revoke a conditional release or other decision related to the enforcement of the judgment referred to in Article
611u § 1, the court resumes suspended proceedings for the purpose of its continuation.
§ 4. If notification is received that the judgment referred to in Article 611u § 1 was adopted to the law of the executing State
and before the enforcement of the judgment in this country is commenced, the court may withdraw the motion referred to in
Article 611u § 1 and 2 within 10 days, bearing in mind the objectives of the penalty.
§ 5. If new criminal proceedings were instituted against the offender, the court may make a request for the consent of the
competent court or other authority of the executing State for the withdrawal of the motion referred to in Article 611u § 1 and
2. After the consent was obtained, the court resumes suspended proceeding for the purpose of its continuation.
§ 6. The period of penalty or measure, referred to in Article 611u § 1, served in the executing State is credited against the
penalty or measure to be executed.
Art. 611ub. Notification.
§ 1. If the judgment referred to in Article 611u § 1 was overturned as a result of cassation, reopening of proceedings, pardon
granted to the offender, amnesty or when execution of the judgment is barred by statutory time limitations or impossible due
to other circumstances, the court immediately notifies the competent court or other authority of the executing State thereof.
§ 2. The court notifies immediately the competent court or other authority of the executing State, by means of the certificate,
of all circumstances affecting the enforcement of the judgment referred to in Article 611u § 1. Moreover, the court
immediately notifies the competent court or other authority of the executing State of all rulings issued in course of
enforcement proceedings.
§ 3. The notifications referred to in § 1 and 2 may also be transmitted by any means of electronic data transmission in the
manner allowing the authenticity of transmitted documents to be established.
§ 4. The Minister of Justice shall define by way of a regulation the form of the certificate referred to in § 2, including all
detailed information concerning violations of duties imposed on the offender and other circumstances affecting the
enforcement of the judgment, bearing in mind the necessity to provide the executing State with all necessary information
enabling it to take a correct decision.
Art. 611uc. Court hearing. The court examines the matter of the motion to a competent court or other authority of the
executing State in a hearing. The public prosecutor, the aggrieved party, the offender, if he is staying in the territory of the
Republic of Poland and his defence counsel, if he appears, may participate in the hearing. The decision of the court is not
subject to interlocutory appeal.
Chapter 66i. Motion of a European Union Member State for the enforcement of a judgment imposing probation
measure.
Art. 611ud. Issuing State.
execute a final and binding judgment imposing a conditional penalty of imprisonment, autonomous penalty or measure not
involving the deprivation of liberty or fine, or ruling on a conditional release, conditional discontinuation of criminal
proceedings or other conditional postponement of penalty, this judgment is executed by the district court, in whose judicial
circuit the offender has a lawful residence, if in the prescribed probation period it obliges the offender:
1) to report at specific times to a specific authority,
2) to keep a specified authority informed about every change of residence, place of employment or to obtain consent for any
such change,
3) to be or to cease being in certain communities or locations, including the ban on entering certain places or public events,
4) to avoid contact with specified persons or to avoid approaching specified persons,
5) to avoid having specified objects, which were used or are likely to be used by the sentenced person with a view to
committing a criminal offence;
6) to provide support to a specified person,
7) to remedy damage caused,
8) to perform educational activity,
9) to perform supervised community service or to perform paid work,
10) to submit to specified restrictions and limitations with respect to the execution of profession or in professional or
business activity,
11) to submit to medical or therapeutic treatment,
12) to submit to supervision on the part of probation officer, social worker or public institution, whose object of activity is to
educate, prevent demoralisation and be responsible for sentenced persons.
§ 2. The judgment referred to in § 1 or an attested copy is accompanied by a certificate containing all important information
§ 3. If the court, to which the motion was submitted, does not have jurisdiction to action the order, it will refer the motion to
the competent court and notify an appropriate court or other authority of the issuing State thereof. Article 32 § 3 applies
accordingly.
§ 4. On a motion of the appropriate court or other authority of the issuing State, the court may consent to the enforcement of
penalty or penal measure referred to in § 1, imposed on an offender who does not have a lawful residence in the territory of
the Republic of Poland, if it will allow the educational and preventive objectives of the penalty or measure to be better
realised.
Art. 611ue. Mode of adjudicating.
§ 1. The court examines the case for the enforcement of the judgment referred to in Article 611ud § 1 in a hearing. The public
prosecutor, the offender if he is staying in the territory of the Republic of Poland and his defence counsel if he has appeared,
for him.
§ 2. If the information provided by issuing State is insufficient to decide on enforcement of the judgment, the court motions
the competent court or other authority of the issuing State, to furnish supplementary information within an indicated time
limit. If the time limit is not observed, the decision on enforcement of the judgment is issued on the basis of the initially
received information.
§ 3. When ruling on the enforcement of the penalty or measure referred to in Article 611ud § 1, the court determines the legal
classification of the offence according to Polish law. If the kind of penalty or measure or manner of fulfilling duties imposed
is unknown to Polish law, the court determines the penalty, measure or duty pursuant to Polish law. The penalty or penal
measure is determined on the basis of the judgment issued by a court of a Member State of the European Union, prescribed
scale of penalties for the offence under Polish law and the actual period of service of penalty, measure or fulfilment of the
probation duty abroad, with differences considered in favour of the offender. If the penalty, measure, duty or probation period
exceeds those provided for in the law, the court determines it at the upper level of the scale prescribed under Polish law.
§ 4. If the judgment referred to in Article 611ud § 1 does not determine the penalty of imprisonment which will be imposed
on the offender should he fail to perform his duties or should conditionally suspended proceedings be resumed, the court in
the decision on enforcement rules exclusively as to the duties imposed therein. Article 611ub § 2 and 3 applies accordingly.
Art. 611uf. Time limit for the issue of the decision.
§ 1. The decision on the enforcement of the judgment referred to in Article 611ud § 1 is issued by the court within 30 days of
the receipt of the judgment and the certificate.
§ 2. The decision of the court on enforcement of the judgment is subject to interlocutory appeal.
§ 3. Proceedings concerned with the enforcement of the judgment should be concluded in a final manner within 60 days of the
receipt of the judgment and the certificate.
Art. 611ug. Refusal to execute the judgment.
§ 1. The judicial authority refuses to execute the judgment referred to in Article 611ud § 1, if:
1) the act to which this judgment relates does not constitute an offence under Polish law,
2) the offender is not staying in the territory of Poland, unless there are grounds to believe that he will return thereto.
§ 2. The provisions of § 1 point 1 do not apply, if the act does not constitute an offence because Polish law does not impose
the issuing State.
§ 3. The judicial authority may refuse to execute the judgment referred to in Article 611ud § 1, if:
1) despite the motion of the court to supplement the information within a fixed time limit, the certificate referred to in Article
611ud § 2 has not been enclosed to the judgment or the certificate is incomplete or manifestly does not correspond to the
judgment,
2) the judgment transmitted for the enforcement concerns the same offence of the same person, with respect to which
conditional penalty of imprisonment or an autonomous penalty or measure non involving deprivation of liberty or a fine has
already been executed,
4) the judgment relates to an offence which, under Polish law, was committed in the territory of the Republic of Poland or on
6) the offender was granted immunity, due to which it is impossible to supervise the fulfilment of duties imposed upon him,
7) from the contents of the certificate referred to in Article 611ud § 2 it results that the judgment was issued in the absence of
the accused, unless:
hearing and instructed that failure to attend does not impede the issue of the judgment,
b) the offender was assisted by a defence counsel, who attended the hearing or trial,
c) after the judgment was served on the offender together with the instruction on his rights, the time limit and manner of
State, the offender has failed to submit such a petition within a prescribed time limit or declared that he does not object to
the judgment,
8) the judgment pertains exclusively to the duties other than those defined in Article 611ud § 1 or it was transmitted despite
the fact that the conditions stipulated in Article 611u have not been fulfilled,
courts,
10) the judgment imposes a measure connected with medical treatment non-existent in the law,
11) the remaining period of execution of duties imposed is shorter than six months.
§ 4. In the cases indicated in § 1 and 3, when particular reasons speak for it, the court, upon consultation with a competent
court or other authority of the issuing State, may decide that the judgment will be executed only with respect to the duties
imposed thereby. With respect to the enforcement of penalty, annulment of conditional release, imposition of alternative
sanction and establishment, extension, change or release from duties imposed in the probation period or recognising that the
penalty or measure were served - the judgment is executed by the competent court or other authority of the issuing State,
unless it was agreed otherwise.
§ 5. In the cases referred to in § 1 point 2 and § 3 point 1, 2, 4, 7 or 9-11, the court, before taking the decision on the
enforcement of the judgment, informs the competent court or other authority of the issuing State about the possibility of
refusing to execute the judgment.
Art. 611uh. Decision to discontinue enforcement proceedings.
§ 1. If information is received from a competent court or other authority of the State, which issued the judgment that the
judgment transferred for the purpose of enforcement is not subject to further enforcement, the court immediately issues a
decision on discontinuation of enforcement proceedings.
§ 2. If further enforcement of the judgment is not possible due to factual or legal reasons, the court immediately issues a
decision on discontinuation of enforcement proceedings and notifies thereof a competent court or other authority of the State,
which issued the judgment.
§ 3. If information is received from a competent court or other authority of the State, which issued the judgment that new
criminal proceedings were instituted against the offender, on the justified motion of this court or authority, the court may
consent to the withdrawal of the motion referred to in Article 611ud § 1, bearing in mind the purpose of the penalty or
measure, their duration, as well as the offender’s behaviour. The court will allow an offender staying in the territory of the
Republic of Poland to present his position with respect to the withdrawal of the motion in writing or orally. Consenting to the
withdrawal of the motion, the court discontinues enforcement proceedings.
Art. 611ui. Notification. The competent court or other authority, which issued the judgment is notified of the contents of the
decision on enforcement, referred to in Article 611ud § 1, and of other important decisions rendered in course of enforcement
proceedings. The notification may also be transmitted by any means of electronic data transmission in the manner allowing
the authenticity of transmitted documents to be established.
Art. 611uj. Costs. The costs of the enforcement of the judgment referred to in Article 611ud § 1 are borne by the State
Treasury.
Chapter 66j. Motion to a European Union Member State for the Enforcement of a European Protection Order.
Art. 611w. European protection order.
§ 1. If a Polish court or public prosecutor has imposed a preventive measure, a penal order or a probation measure consisting
in the obligation to avoid contact with certain communities or locations, or on contacting or approaching specified persons
and when it is necessary for the protection of the rights of the aggrieved party, the court or the public prosecutor may, at a
request of the aggrieved party, file a motion to enforce this measure or duty directly to a competent court or other authority of
a European Union Member State, referred to in this Chapter as the “executing State”, in which the aggrieved party has a
lawful residence or declares the intention of residing there, issuing a European protection order.
§ 2. If needed, the public prosecutor submits the order to more than one executing state.
§ 3. The order contains information enabling its correct enforcement concerning the judgment, the aggrieved party, the
accused and the measure or the duty referred to in § 1. The order should be accompanied by an attested copy of the judgment
referred to in § 1.
§ 4. The order should be translated into the official language of the executing State or another language indicated by this
State.
§ 5. A copy of the order or judgment may also be transmitted by any means of electronic data transmission in the manner
allowing the authenticity of these documents to be established. On a motion of a competent court or other authority of the
executing State the court or public prosecutor transmits a copy of the judgment and the original of the order.
prosecutor may also address an appropriate organisational unit of the European Judicial Network or Eurojust.
§ 7. The Minister of Justice shall define by way of a regulation the form of a European protection order, bearing in mind the
necessity to provide the executing State with all necessary information enabling it to take a correct decision with respect to the
Art. 611wa. Effects of the motion. Motion for the enforcement of a European protection order does not stop the enforcement
of the measure or duty referred to in Article 611w § 1.
Art. 611wb. Notification.
§ 1. If the duty referred to in Article 611w § 1 was modified or lifted, the court or the public prosecutor immediately notifies
thereof the competent court or other authority of the executing State.
§ 2. The notification referred to in § 1 may also be transmitted by any means of electronic data transmission in the manner
allowing the authenticity of transmitted documents to be established.
Art. 611wc. No right of appeal. The decision of the court or the public prosecutor concerning European protection order is
not subject to interlocutory appeal.
Chapter 66k. Motion of a European Union Member State for the Enforcement of a European Protection Order.
Art. 611wd. Performance of the order, competent authority.
execute a European protection order issued on the basis of a judgment imposing on a person, against whom criminal
proceedings are or were conducted, a duty to avoid contact with certain communities or locations, or on contacting or
approaching specified persons, this order is subject to enforcement by the public prosecutor having jurisdiction over the place,
where the protected person has his residence.
§ 2. The order should contain all information enabling its correct enforcement and be accompanied by a judgment referred to
in § 1 or its attested copy. Article 148a applies accordingly to the data contained in the order concerning place of residence
and employment of the person subject to protection.
§ 3. If the public prosecutor, to whom the order was submitted, does not have jurisdiction to action its course, it will refer the
motion to the competent prosecutor and notify thereof an appropriate court or other authority of the issuing State.
§ 4. If the motion for the issue of the order was submitted directly to a Polish public prosecutor by the person subject to
protection based on the judgment issued in another European Union member State, without applying to a competent authority,
the public prosecutor refers the motion to a competent court or another authority in the state, in which the judgment
concerning the person, against whom criminal proceedings are or were conducted, was issued.
§ 5. If the provisions of this Chapter do not provide otherwise, the enforcement of the order is governed by Polish law.
Art. 611we. Supplementary information.
§ 1. If information provided by the issuing State is insufficient to decide on the enforcement of the European protection order,
the public prosecutor summons the competent court or other authority of the issuing State to furnish supplementary
information within an indicated time limit. If the time limit is not observed, the decision on enforcement of the judgment is
issued on the basis of the initially received information.
§ 2. If the type or manner of fulfilment of duties imposed is unknown to the law, the public prosecutor determines the duty
pursuant to Polish law, with differences being considered in favour of the person against whom proceedings are or were
conducted in the issuing State.
Art. 611wf. Time limit for the issue of the decision.
§ 1. The decision of the public prosecutor on the enforcement of the European protection order is subject to interlocutory
appeal, which should be submitted to the district court, in whose circuit the decision was issued. The court examines the
appeal in a hearing. The public prosecutor, the offender, if he is staying in the territory of the Republic of Poland, and his
defence counsel, if he has appeared, have the right to participate in the hearing. If an person, against whom criminal
proceedings are or were conducted is not staying in the territory of the Republic of Poland or is not assisted by a defence
counsel, the president of the court competent to hear the case may appoint for him a defence counsel ex officio.
§ 2. The public prosecutor executes the order immediately.
Art. 611wg. Refusal to execute the European order.
§ 1. The judicial authority refuses to execute the European order if the person, whom the protection was granted, is not
staying in the territory of Poland, unless there are grounds to believe that he will return thereto.
§ 2. The judicial authority may refuse to execute the order, if:
1) the act, in connection with which the duty was imposed, does not constitute an offence under Polish law,
2) despite the motion of the public prosecutor to supplement the information within a fixed time limit, the judgment referred
to in Article 611wd § 1 is not enclosed to the order or the order is incomplete or manifestly does not correspond to the
judgment,
3) the judgment concerns the same offence by the same person, with respect to which criminal proceedings have already been
finally concluded in a European Union Member State and this person is serving the penalty, has already served it or the
penalty cannot be executed pursuant to the law of the State, where the sentence was issued,
4) under Polish law, the statute of limitations for the enforcement of penalty has expired and the offence in question falls
6) a person against whom the criminal proceedings are or were conducted may not be held criminally responsible for the acts
on which the judgment is based owing to his age,
7) a person against whom the criminal proceedings are or were conducted was granted immunity, due to which it is
impossible to supervise the fulfilment of duties imposed upon him,
8) the judgment pertains exclusively to duties other than those defined in Article 611wd § 1,
courts.
Art. 611wh. Decision to cease the enforcement of the order.
§ 1. If notification is received from a competent court or other authority of the issuing State that the European order
transmitted for the purpose of enforcement is not to be executed any further, the public prosecutor immediately issues an
order to stop its enforcement.
§ 2. If the further enforcement of the order is not possible for factual or legal reasons, the public prosecutor shall immediately
issue a decision to stop the enforcement of the order and notifies thereof the court or other authority of the issuing State, the
person against whom criminal proceedings were or are conducted and the protected person, if they are staying in the territory
of the Republic of Poland.
§ 3. If notification is received from the competent court or other authority of the issuing State that the duties imposed on a
person against whom criminal proceedings are or were conducted were modified, the public prosecutor shall examine the
matter of enforcement of the modified order in accordance with the principles laid down in this Chapter. Article 611wg is not
applied, with the exception of for § 1 and § 2 point 2 and 8.
Art. 611wi. Notification.
§ 1. A competent court or other authority of the issuing State is immediately notified of the contents of the decision on the
enforcement of the protection order, of an appeal filed against this decision, of any important ruling issued during the
proceedings and of a change of lawful residence of the person against whom criminal proceedings are or were conducted in
the issuing State.
§ 2. The public prosecutor immediately notifies the competent court or other authority of the issuing State of every
circumstance that has an impact on the enforcement of the order, and in particular about the breach of the imposed duty. The
notification has the form of a certificate containing all details concerning the person against whom criminal proceedings were
or are conducted and the breached duty.
§ 3. The public prosecutor, who received a notification about the breach of the imposed duty may himself verify or order that
the Police verify the relevant facts. With the consent of the protected person, the public prosecutor may also request a
competent Police commander to apply protective and assistance measures referred to in the Act of 28 November 2014 on
Protection and Assistance for Aggrieved Party and Witness.
§ 4. If the reasons for which the duty was imposed cease to exist, or if such circumstances occur which justify its annulment
or modification, the public prosecutor may submit a motion to the competent court or other authority of the issuing State for
its annulment or modification.
§ 5. The notifications referred to in § 1 and 2 and the motion referred to in § 4, may also be transmitted by any means of
electronic data transmission in the manner allowing the authenticity of transmitted documents to be established.
necessity of providing the issuing State with all necessary information enabling it to make a correct decision.
Art. 611wj. Costs. The costs of the enforcement of the order are borne by the State Treasury.
Chapter 67. Final provisions.
Art. 612. Duty of notification.
§ 1. A locally competent consular office of a given State, and, in the absence of a consular office, a diplomatic mission, is
notified immediately, at the request of its citizen, of the imposition of detention on remand on such a person.
§ 2. In case of the arrest of a citizen of a foreign State, the arrestee, at his request, is allowed to contact a locally competent
consular office or diplomatic mission in any available form, and in case of a stateless person - a diplomatic mission of a State,
where this person permanently resides.
Art. 613. Method of communication.
§ 1. With exception to the cases defined in Article 592a-592f and in Article 595, as well as in the Chapters 62a-62d, 65a-65d,
66a-66d, 66f-66k, communication between courts and public prosecutors and the authorities of foreign states, having their
office abroad or the persons listed in Article 578 and 579, is carried out, service of writs included, through the intervention of
the Minister of Justice, who - if need be - may use the intermediary of the Minister of Foreign Affairs.
§ 2. In the cases defined by the Minister of Justice courts and public prosecutors may communicate directly with consular
offices of a foreign State located in the Republic of Poland.
Art. 614. Expenses. Expenses incurred in connection with the procedures provided for in this Part are borne by the foreign
State, which submitted a motion for carrying it out. Polish authorities may renounce the reimbursement of the expenses if the
foreign State guarantees reciprocity.
Art. 615. Priority of treaties, principle of reciprocity.
§ 1. In relations with international criminal tribunals and their bodies, acting pursuant to international treaties, to which the
Republic of Poland is a party, or appointed by international organisations established on the basis of treaties ratified by the
Republic of Poland, the provisions of this Part apply accordingly.
§ 2. The provisions of this Part do not apply, if an international treaty to which the Republic of Poland is a party or a
legislative act regulating the operation of an international criminal tribunal provides otherwise.
§ 3. Provisions of this Part need not be applied with respect to a foreign State, with which the Republic of Poland is not bound
by a treaty and this State does not guarantee reciprocity.
§ 4. If an international treaty or a legislative act regulating the operation of an international criminal tribunal so requires, the
Minister of Justice notifies the international criminal tribunal of the proceedings being instituted against a person who
committed an offence falling under its jurisdiction.
§ 5. If, with respect to the same offence committed by the same person, criminal proceedings were initiated in the Republic of
Poland and before an international criminal tribunal, the Minister of Justice transfers the prosecution to this tribunal, if
legislative acts regulating the operation of this tribunal so require.
Division XIV. Costs of court proceedings.
Chapter 68. General Provisions.
Art. 616. Scope of costs.
§ 1. Costs of court proceedings include:
1) court costs,
2) justified expenses of parties, including costs of retaining one defence counsel or attorney.
§ 2. Court costs include:
1) fees,
2) expenses incurred by the State Treasury from the initiation of proceedings.
Art. 617. Fees. Types and amounts of fees and principles and mode of their imposition are defined by a separate law.
Art. 618. Expenses of the State Treasury.
§ 1. The expenses of the State Treasury include in particular expenses incurred in connection with:
1) the service of summons and other writs,
2) travel of judges, prosecutors and other persons in relation to the proceedings,
3) conveying and transportation of the accused, witnesses and experts,
4) inspections and examinations undertaken in the course of proceedings, transport and storage of seized items, as well as
their sale,
5) announcements in the press, radio and television,
6) enforcement of judgments, including those securing financial penalties, if imposed, excluding costs of maintenance in a
penal institution or costs of stay in a medical establishment for psychiatric observation,
7) fees of witnesses and interpreters,
8) costs of mediation proceedings,
9) fees of experts or institutions appointed to issue opinions or certificates, including costs of certificates issued by a court
physician,
9a) costs of a psychiatric observation of the accused, excluding the fees of expert psychiatrists,
9b) costs of administrative receivership,
10) fees for obtaining information from the criminal record,
11) legal assistance provided by advocates or legal advisors appointed ex officio, not paid by the parties,
12) the flat fee of court probation officer for conducting the community inquiry referred to in Article 214 § 1,
13) fulfilment of international agreements to which the Republic of Poland is a party, and proceedings conducted pursuant to
the provisions of Part XIII, also if the decision referred in Article 303 has not been issued.
§ 2. If the amounts and principles of establishing the fees referred to in § 1 are not regulated in separate provisions, the
Minister of Justice, upon consultation with the Minister responsible for public finances shall define by way of a regulation
their amounts and manner of calculation, taking into consideration the actual cost of performing a given procedure.
§ 3. In the absence of the provisions referred to in § 2, expenses are determined by the court, public prosecutor or another
agency conducting the proceedings.
Art. 618a. Witness, reimbursement of travel expenses.
§ 1. A witness is entitled to the reimbursement of travel expenses from his place of residence to the place where judicial
procedures are to be conducted at the order of the court or agency conducting preparatory proceedings, equal to costs of
transport actually incurred, rational and purposeful, by the witness’s own vehicle or other appropriate means of transport.
§ 2. The upper limit of the amount referred to in § 1 may not exceed the allowance granted to an employee of a state or self-
government budgetary unit in connection with a domestic business trip.
§ 3. The same principle applies to the reimbursement of costs of a witness’s room and board in the place where the procedure
was conducted.
§ 4. A witness should adequately prove the costs referred to in § 1 and 3.
Art. 618b. Witness, reimbursement of earnings or income lost due to the participation in the proceedings.
§ 1. A witness is entitled to the reimbursement of earnings or income lost due to the appearance at the summons of the court
or agency conducting preparatory proceedings.
§ 2. Loss of earnings or income is reimbursed to the witness for every day of participation in the proceedings, in an amount
equivalent to his average daily earnings or income. In case of a witness being in employment, his lost average daily earnings
are calculated in accordance with the principles applicable while calculating annual leave entitlements.
§ 3. The upper limit of the reimbursement referred to in § 2 is the equivalent of 4.6% of the basic amount for persons
occupying state managerial positions, determined in accordance with separate principles and defined in the budget law. If the
budget law is promulgated after January 1 st of the year to which it pertains, the amounts to be reimbursed for the period from
January 1st until the day of its promulgation is calculated in accordance with the basic amount in force in December of the
previous year.
§ 4. A witness should adequately prove the lost earnings or income referred to in § 1 and their amounts.
Art. 618c. Right to claim fees by a person summoned as a witness.
§ 1. The fees referred to in Articles 618a and 618b may be claimed by a person summoned as a witness, provided that such a
person appears, even if he is not examined.
§ 2. If the person entitled to the fees referred to in Article 618a and 618b is summoned as a witness in more than one case for
the same day, the fees are awarded only once.
§ 3. In the event that a witness appears without a summons of the court or agency conducting preparatory proceedings, the
fees referred to in Article 618a and 618b may be awarded only if he is examined.
Art. 618d. Right to claim fees by a person accompanying a witness. Articles 618a-618c apply accordingly to a person
accompanying a witness, if the witness is unable to answer the summons of the court or agency conducting preparatory
proceedings without the assistance of this person.
Art. 618e. Right to claim fees by a witness employed in a public agency. Articles 618a-618c do not apply to a witness
employed in a public authority, if he is summoned to testify in connection with his employment. In this event, the witness is
entitled to a fee calculated in accordance with the regulations on amounts and conditions of establishing an allowance to
which an employee of a state or self-government budgetary unit is entitled in connection with a domestic business trip.
Art. 618f. Remuneration for an expert or specialist who is not an official of judicial authorities.
§ 1. Experts and specialists who are not officials of judicial authorities appointed by the court or by the agency conducting
preparatory proceedings are entitled to remuneration for their services and to the reimbursement of expenses incurred in order
to issue an opinion.
§ 2. Fees for the services of experts and specialists who are not officials of judicial authorities are established with
consideration of their qualifications, the time and effort required to issue an opinion. The expenses referred to in § 1 are
reimbursed on the basis of submitted receipts.
§ 3. The fees of experts are calculated on the basis of hourly rates or flat rate tariffs applicable to specified categories of
experts with regard to their area of expertise. Hourly rates and flat rate tariffs are calculated on the basis of a fraction of the
basic amount for persons occupying state managerial positions, which is defined in the budget law.
§ 4. The fees of experts or specialists that are not officials of judicial authorities, if they are registered for value added tax, is
increased by the value added tax, determined in accordance with the rate applicable on the day when the fee was awarded.
§ 4a. If the opinion is false, the expert is not entitled to any remuneration or reimbursement of expenses incurred in
connection with its issue and submission.
§ 4b. If the opinion is inaccurate or was issued or submitted by the expert with considerable unjustified delay, the
remuneration shall be proportionately reduced. In such circumstances, the expert may also be denied remuneration or
reimbursement of expenses incurred in connection with the issue and submission of the opinion.
§ 5. The Minister of Justice shall define, by regulation, the expert fees for services rendered and flat rate tariffs, referred to in
§ 3, taking into consideration the effort and qualifications of the expert, the level of remuneration received by other persons
exercising similar professions, the degree of complexity of the problem to which the opinion was dedicated, the conditions
under which the opinion was prepared, as well as the manner in which expenses required for the issue of an opinion should be
documented.
Art. 618g. Reimbursement of travel expenses to an expert or specialist who is not an official of judicial authorities.
Article 618a applies accordingly to an expert, interpreter or specialist, who is not an official of judicial authorities, appointed
by the court or by the agency conducting preparatory proceedings. This also applies to the situation when the court or the
agency conducting preparatory proceedings did not use the services of such an expert, interpreter or specialist.
Art. 618h. Reimbursement of lost earnings or income to an expert or specialist who is not an official of judicial
authorities.
§ 1. An expert, interpreter or specialist, who is not an official of judicial authorities, summoned by the court or agency
conducting preparatory proceedings, is entitled to reimbursement of lost earnings or income, if his services are not used.
§ 2. Loss of earnings or income is reimbursed to an expert, interpreter or specialist who is not an official of judicial
authorities, taking into consideration their qualifications and time spent in connection with the summons. Article 618b § 3 and
Art. 618i. Expert, interpreter or specialist who is not an official of judicial authorities, one reimbursement in case of
summons in several cases. If an expert, interpreter or specialist who is not an official of judicial authorities is summoned by
an authorised entity in more than one case on the same day, the cost of travel, accommodation and maintenance in the place
where the procedure is to be carried out, as well as earnings or income lost due to the appearance at summons is awarded only
once.
Art. 618j. Amount of fees due to a party. The fees to which a party is entitled in connection with his participation in the
proceedings are awarded in the same amount as provided for witnesses.
Art. 618k. Awarding fees on a motion, period of limitation of claims.
§ 1. The fees referred to in Article 618a, Article 618b, Article 618d and Article 618f-618h is awarded on a motion.
§ 2. A motion to grant the fee referred to in § 1 is submitted orally and recorded in the transcript or in writing within a strict
time limit of three days of the completion of the procedure in which a person entitled to the fee participated, and in the case of
the person referred to in Article 618d, of the completion of the procedure with the participation of a witness, whom this
person accompanied.
§ 3. A claim for the payment of fees referred to in § 1 is subject to a limitation period of three years.
§ 4. A witness, a person accompanying a witness, an expert, an interpreter or a specialist who is not an official of judicial
authorities should be advised of the entitlement and manner of submitting a motion for the payment of fees and of the
consequences of a breach of the time limit indicated in § 2.
Art. 618l. Awarding and payment of fees of a witness, accompanying person, expert, interpreter and specialist by the
court.
§ 1. A fee of a witness, a person accompanying a witness, an expert, an interpreter or a specialist who is not an official of
judicial authorities is established and awarded by the court or by the authority conducting preparatory proceedings.
§ 2. An awarded fee is paid out without delay. If this is not possible, the fee is transferred by a postal or bank transfer without
the postal or transfer costs being charged to the entitled person.
Art. 6181. Awarding and payment of fees of a witness, accompanying person, expert, interpreter and specialist by the
court.
§ 1. A fee of a witness, a person accompanying a witness, an expert, an interpreter or a specialist who is not an official of
judicial authorities is established and awarded by the court or by the authority conducting preparatory proceedings.
§ 2. An awarded fee is paid out without delay. If this is not possible, the fee is transferred by a postal or bank transfer without
the postal or transfer costs being charged to the entitled person.
Art. 619. Provisional payment of expenses, costs of mediation and interpreter.
§ 1. Unless the law provides otherwise, all expenses are provisionally paid by the State Treasury.
§ 2. The costs of mediation proceedings are borne by the State Treasury.
§ 3. The State Treasury bears also the costs related to the participation in the proceedings of an interpreter to the extent
necessary to guarantee the right to a defence of the accused.
Art. 620. Expenses of a party. Expenses connected with the appointment of a defence counsel or attorney are borne by the
party by whom he was appointed.
Art. 621. Lump sum equivalent of expenses.
§ 1. A private prosecutor appends to an indictment, a declaration of joining ongoing proceedings or to support an indictment
withdrawn by the public prosecutor a proof that a lump sum equivalent of expenses was paid to the court cashier. This lump
sum does not include costs detailed in Article 618 § 1 points 5 and 11.
§ 2. The Minister of Justice, upon consultation with the Minister responsible for public finances shall define by way of a
regulation the amount of a lump sum equivalent to expenses, bearing in mind the average costs of proceedings and the
principle of access to court.
Art. 622. Refund to the public prosecutor. In proceedings initiated on a private accusation, if the parties have reconciled
before the commencement of the judicial process or the proceedings were conditionally discontinued or discontinued due to
the insanity of the offender or because the social consequences are regarded as negligible, or because the act has features of an
offence prosecuted ex officio, changes in the form of prosecution due to the public prosecutor’s joining of the proceedings in
proceedings initiated by a private prosecutor and the conclusion of the proceedings under a public indictment - the president
of the court or the court referendary orders a full refund of the lump sum for expenses paid by the private prosecutor, and a
reimbursement of a half thereof, in the event that the parties reconcile after the commencement of the judicial process.
Chapter 69. Exemption from court costs.
Art. 623. Exemption from costs. The court or the court referendary exempts a party filing a submission in whole or in part
from court costs payable while filing the submission if this person has proven that due to his family or financial
circumstances, or his level of income, the payment would be excessively onerous.
Art. 624. Exemption from payment of costs.
§ 1. The court may exempt the accused or subsidiary prosecutor in whole or in part from the payment of court costs to the
State Treasury, if there are grounds to suppose that the payment would prove excessively onerous due to the family or
financial circumstances, or level of income, or if the principles of equity speak for it.
§ 2. The provisions of § 1 apply accordingly to a private prosecutor if the case is examined without observing the
requirements set forth in Article 621 § 1.
Art. 625. Soldier. In the event of the conviction or conditional discontinuance of proceeding against a soldier performing
compulsory military service or serving as a candidate for a professional soldier, court costs due to the State Treasury are not
collected.
Chapter 70. Awarding trial costs.
Art. 626. Rulings concerning costs.
§ 1. In a judgment concluding proceedings, the court determines who, in what part and to what extent bears the trial costs.
§ 2. If the judgment mentioned in § 1 does not contain rulings as to costs and also when there is a need to additionally
establish their amount or rule as to the costs of enforcement proceedings, decisions in this matter is issued respectively by the
court of first instance or by the appellate court, and if it is necessary to additionally establish the amount of costs, also by a
court referendary of the competent court.
§ 3. Rulings concerning costs are subject to interlocutory appeal, if an appeal has not been filed. If both an appeal and an
interlocutory appeal are submitted, the interlocutory appeal is examined by the appellate court together with an appeal.
Art. 626a. Interlocutory appeal in preparatory proceedings. An interlocutory appeal against a decision on costs issued by
the public prosecutor or another agency conducting preparatory proceedings is filed, respectively, to the superior of the public
prosecutor that issued the decision or to the public prosecutor authorised to supervise preparatory proceedings conducted by
another agency. An interlocutory appeal not allowed by the public prosecutor is referred to the court.
Art. 627. Awarding costs from a person convicted in a case prosecuted by public accusation. The court awards court
costs to the benefit of the State Treasury and expenses to the benefit of the subsidiary prosecutor against a person convicted in
a case prosecuted by public accusation.
Art. 628. Awarding costs from a person convicted in a case prosecuted by private accusation. In the event of a person
convicted in a case prosecuted by private accusation, the court awards:
1) to the private prosecutor - trial costs incurred by him,
2) to the State Treasury - expenses established pursuant to Article 618, if the prosecutor was exempted from payment or the
case was examined without such expenses being paid.
Art. 629. Conditional discontinuation. The provisions of Article 627 and 628 apply accordingly in the event of a conditional
discontinuation of proceedings, and in cases prosecuted by private accusation also in case of discontinuation of proceedings
pursuant to Article 17 § 1 point 3.
Art. 630. Partial charging with costs. In cases prosecuted by public accusation, if the accused is not convicted of all
charges, the expenses connected with those charges of which the accused is acquitted or where the proceedings are
discontinued are borne by the State Treasury.
Art. 631. Partial charging with costs. In cases prosecuted by private accusation, if an absolute discharge is granted due to
the reciprocity of injuries or the provocative behaviour of a private prosecutor, and also taking into consideration the number
and the type of charges of which the accused is acquitted, the court may charge the accused with the costs of proceedings
borne by the prosecutor only in part.
Art. 632. Acquittal or discontinuation. If the law does not provide otherwise, if the accused is acquitted or the proceedings
are discontinued, the costs of proceedings are borne:
1) in cases prosecuted by private accusation - by the private prosecutor and, in case of reconciliation between the parties, by
the accused and the prosecutor to the extent, in which such costs were borne by each of them, unless in their settlement they
decided otherwise,
2) in cases prosecuted by public accusation - by the State Treasury, except for the fees of an advocate or legal advisor acting
in the capacity of an attorney for the aggrieved party, subsidiary prosecutor or another person.
Art. 632a. Acquittal of the accused, discontinuation of proceedings, costs.
§ 1. In exceptional cases, if the proceedings were discontinued, the court may decide that the costs of proceedings are borne
entirely or partly by the accused and, in cases prosecuted by private accusation, by the accused and the State Treasury.
§ 2. In case of acquittal of the accused or discontinuation of proceedings, the court decides that the costs of proceedings shall
be borne in whole or in part by the accused, if:
1) the accused directed a suspicion of having committed an offence against himself,
2) the accused, by going into hiding, contributed to the expiry of the statute of limitations of the offence, with which he was
charged,
3) the proceedings against the accused were discontinued pursuant to Article 11 § 1.
Art. 632b. Awarding the refund of costs. In the cases referred to in Article 632 point 2, if the reasons for the discontinuation
occur in the course of proceedings, the court may rule that that State Treasury bears the costs of the appointment of one
attorney.
Art. 633. Principle of equity. Costs of proceedings related to several accused or private or subsidiary prosecutors are
adjudicated from each of them on the principle of equity, bearing in mind in particular the costs connected with each of their
cases separately.
Art. 634. Appellate proceedings, relevant application. Unless otherwise provided by law, the provisions on the costs of the
proceedings before the court of first instance apply to the costs of the appellate proceedings against decisions concluding the
proceedings, accordingly.
Art. 635. Appellate proceedings, change of the decision. Irrespective of who submits an appeal, if a sentence or a decision
on the discontinuation of proceedings was changed to the detriment of the accused, the costs of appellate proceedings are set
on general principles.
Art. 636. Dismissal of appeal.
§ 1. In the event of an offence prosecuted by public accusation, if an appeal filed solely by the accused or a subsidiary
prosecutor is dismissed, the costs of appellate proceedings are borne on general principles by the appellant. If an appeal was
filed solely by the public prosecutor, the costs of appellate proceedings are borne by the State Treasury.
§ 2. If appeals filed by at least two authorised entities are dismissed, Article 633 applies accordingly.
§ 3. The provisions of § 1 and 2 apply accordingly to cases concerning an offence prosecuted by private accusation.
Art. 637. Relevant application.
§ 1. Articles 635 and 636 apply accordingly if an appeal has not been examined due to being withdrawn or the reasons
mentioned in Article 430.
§ 2. If a motion to prosecute is withdrawn, the person who withdraws it may be charged with the costs of proceedings.
Art. 637a. Application of provisions on costs of appellate proceedings. The provisions concerning costs of appellate
proceedings apply accordingly to the costs of cassation proceedings, unless the law provides otherwise.
Art. 638. Cassation filed by particular entities, reopening ex officio. Expenses incurred by the court connected with
examination of a cassation claim filed by the entities mentioned in Article 521 or with a reopening of proceedings are borne
by the State Treasury.
Art. 639. Reopening of proceedings. The provisions concerning costs of proceedings apply accordingly to cases where
proceedings are reopened. If the motion is dismissed or left unexamined, the costs are borne by the person who submitted the
motion.
Art. 640. Indictment submitted by subsidiary prosecutor.
§ 1. The provisions concerning court costs in cases concerning an offence prosecuted by private accusation apply accordingly
to cases prosecuted by public accusation, where the indictment was submitted by a subsidiary prosecutor.
§ 2. The court may not adjudicate the return by the subsidiary prosecutor of the expenses referred to in Article 618 in the
amount exceeding the lump sum equivalent of expenses determined in accordance with Article 621 § 2.
Art. 641. Period of limitation. The right to enforce the payment of awarded court costs expires after three years from the day
on which they were due.
Chapter 71. Costs of proceedings connected with civil claim and indemnification ex officio.
Art. 644. Dismissal of civil claim.
§ 1. The costs of proceedings arising from a dismissed civil claim and a withdrawn appeal are borne by the civil claimant.
§ 2. If the proceedings are suspended or a civil claim is left unexamined, the costs of proceedings borne by the civil claimant
in criminal proceedings are credited to the costs of civil proceedings, if they concern the same claim.
Division XV. Criminal proceedings in cases subject to the jurisdiction of military courts.
Art. 646. Differences. In cases subject to the jurisdiction of military courts, the provisions regarding private accusation, penal
order or accelerated proceedings do not apply. In addition, the provisions of previous sections apply, unless otherwise
stipulated by this Part.
Art. 647. Jurisdiction of military courts.
§ 1. The jurisdiction of military courts extends to cases concerning:
1) soldiers in active military service, except for members of territorial military units performing service in dispositional
manner, for offences:
a) specified in Chapters XXXIX-XLIV of the Criminal Code,
b) committed against a military agency or another soldier,
c) committed during or in connection with the performance of official duties, within the boundaries of a military area or
designated place of stationing, to the detriment of the army or by infringing the duties arising from military service,
d) committed abroad, during the use or stationing of the Armed Forces of the Republic of Poland outside the state
borders within the meaning of the Principles of Use or Stationing of Armed Forces of the Republic of Poland Outside
State Borders Act of 17 December 1998 (Journal of Laws of 2014, item 1510),
2) civilian employees for the army for offences:

a) specified in Articles 356-363 of the Criminal Code in conjunction with Article 317 § 2 of this Code,
b) committed abroad, during the use or stationing of the Armed Forces of the Republic of Poland outside the state
borders within the meaning of the Principles of Use or Stationing of Military Forces of the Republic of Poland Outside
State Borders Act of 17 December 1998,
3) soldiers of foreign military forces, stationed within the territory of the Republic of Poland and members of civil personnel,
for offences committed in connection with the performance of their official duties, unless an international agreement to which
Poland is a party provides otherwise.
§ 2. The cases for offences mentioned in § 1 do not cease to be under the jurisdiction of military courts, even if a soldier was
released from military service or an employee’s employment has ceased.
§ 3. If a soldier was released from military service or an employee’s employment has ceased, the military court may refer
cases referred to in § 1 point 1 letter b or d and - if the offence is not connected with the infringement of official duties - also
in § 1 point 2 letter b, to a common court no later than on the day of the beginning of judicial process at the main trial, if this
is not contrary to the interests of the administration of justice.
§ 4. (repealed)
§ 5. A decision that a case be referred pursuant to § 3 is subject to interlocutory appeal.
Art. 648. Jurisdiction of military courts. The jurisdiction of military courts also extends to cases concerning:
1) aiding and abetting the perpetration of offences specified in Chapters XXXIX-XLIV of the Criminal Code,
2) offences specified in Article 239, 291-293 and Article 294 in conjunction with Article 291 § 1 of the Criminal Code, if the
offence is connected with an offence provided for in Chapters XXXIX-XLIV of this Code,
3) other offences, if special provisions so stipulate.
Art. 649. Joint consideration of cases.
§ 1. If the perpetrator of an offence falling under the jurisdiction of military courts also commits an offence under the
jurisdiction of common courts, and the two offences are connected with one another in such a way that the interests of the
administration of justice requires that they be heard jointly, they are heard jointly by a military court.
§ 2. The provision of § 1 applies accordingly in preparatory proceedings.
Art. 650. Joint consideration of cases.
§ 1. If in a case against two or more accused, the military court would not have jurisdiction to hear it in its entirety, either due
to the nature of one of the offences or due to the person of one of the accused and the interests of the administration of justice
so require, the military court may hear the case jointly or refer it for this purpose to a common court.
§ 2. (repealed)
§ 3. A case cannot be referred, if it concerns an offence indicated in Article 647 § 1 point 1 letter a or c or point 2 letter a and
in Article 648 point 1.
§ 4. A decision that a case be referred pursuant to § 1 is subject to interlocutory appeal.
§ 1. Cases concerning offences listed in Article 647 § 1 point 1 and 2 are heard by the military court having jurisdiction over
the military unit in which the soldier was serving or the employee was employed.
§ 2. The jurisdiction of a military court to hear a case related to the fact that the accused person is assigned to a given military
unit is determined at the moment of initiating criminal proceedings.
§ 3. (repealed)
Art. 652. Types of courts. Cases falling under the jurisdiction of military courts are heard by the following courts in
accordance with their jurisdiction:
1) the military garrison court,
2) the military circuit court,
3) the Supreme Court.
Art. 653. Military garrison court.
§ 1. The military garrison court hears all cases in the first instance, except those reserved by virtue of law for the jurisdiction
of another court.
§ 2. In cases indicated by law, the military garrison court, within the extent of its jurisdiction, hears appeals against rulings
and orders issued in preparatory proceedings.
§ 3. The military garrison court, moreover, has all process rights and duties, which in the proceedings before a common court
are vested in the district court.
Art. 654. Military circuit court.
§ 1. Military circuit court adjudicates as the court of first instance if the case concerns:
1) an offence committed by a soldier of the rank of major or higher,
2) an offence, which - in proceedings before common courts - falls under the jurisdiction of a circuit court, as well as an
offence defined in Article 339 § 3 and Article 345 § 3 and 4 of the Criminal Code,
3) an offence committed by a soldier or by a member of civilian personnel referred to in Article 647 § 1 point 3,
4) any other offence, by virtue of special provisions of law.
§ 2. In preparatory proceedings, the military circuit court in the panel of one judge, rules with regard to detention on remand,
imposed on a soldier referred to in § 1 point 1, and also on a soldier of the armed forces of a foreign country or a member of
its civilian personnel, referred to in § 1 point 3.
§ 3. A military circuit court hears appeals against rulings and orders issued by the military garrison court as the court of first
instance and - in cases indicated in the law and respecting the limitations set forth in § 1 - appeals against rulings and orders
issued in preparatory proceedings.
§ 4. The military circuit court hears cases reserved for the court of a higher level with respect to the garrison court and other
cases, which were placed under its jurisdiction by virtue of law.
§ 5. Moreover, the military circuit court has such process rights and duties which, in the proceedings before a common court,
are vested in the circuit court.
Art. 655. The Supreme Court - Military Chamber.
§ 1. The Supreme Court hears:
1) appeals against rulings and orders issued in the first instance by the Military Circuit Court,
2) cassation claims,
3) cases which, according to this Code, should be heard by the court of a higher level than the military circuit court,
4) other cases which by virtue of law fall under the jurisdiction of the Supreme Court.
§ 2. The provisions of Article 39 and Article 439 § 1 point 3 apply accordingly to the judgments of the Supreme Court
concerning these cases, which are subject to the jurisdiction of military courts.
Art. 656. Competence arising from the joint jurisdiction.
§ 1. If a case concerning two or more accused falls under the jurisdiction of military courts of the same level, it is heard by the
court which has jurisdiction over the accused charged with the offence carrying the most severe penalty. If it is not possible to
establish jurisdiction in this way, the case is heard by the military court in whose area of activity preparatory proceedings
were first instituted.
§ 2. However, if the case falls under the jurisdiction of military courts of different levels, it is heard by the court of a higher
level.
Art. 657. Military public prosecutor.
§ 1. The procedural rights of the Prosecutor General are also vested in the Deputy Prosecutor General for Military Affairs
and, if the law does not provide otherwise, the rights of the circuit prosecutor are vested in the deputy circuit prosecutor for
military affairs.
§ 2. Where this Code mentions a public accuser or a public prosecutor, this is understood as a prosecutor of an organisational
unit of common public prosecutor’s office.
§ 3. Article 45 § 2 does not apply.
§ 4. Where this Code mentions a military prosecutor, this is understood as a prosecutor of an organisational unit of common
public prosecutor’s office performing duties in the organisational unit in charge of military affairs.
Art. 658. Prosecution on a motion of military commander.
§ 1. The military prosecutor refuses to initiate proceedings with regard to an offence prosecuted upon the motion of a military
unit commander, if measures provided in military disciplinary regulations have already been imposed on the offender.
§ 2. The above does not apply to a case, where the motion for the prosecution was submitted by the commander of a higher
rank after the annulment of a disciplinary penalty or when the military prosecutor uses the right provided for in Article 660.
§ 3. Article 12 § 3 does not apply to the request of a military unit commander or request of a commander of a higher rank.
Art. 659. Commander's rights.
§ 1. In cases concerning offences prosecuted upon the motion of a military unit commander, the rights of the aggrieved party
and of the institution defined in Article 306 and, in the case referred to in Article 330 § 2 - also the rights provided for in
Article 55 § 1, are vested in this commander.
§ 2. The rights and duties of a military unit commander are vested respectively in the director of a civil institution, in which
the soldier is undergoing his military service.
Art. 660. Initiating proceedings without a motion.
§ 1. The military prosecutor may initiate criminal proceedings with respect to offences prosecuted upon the motion of a
military unit commander also without the motion, if important considerations of military discipline so require.
§ 2. An appeal against the prosecutor’s decision may be filed by the commander with the court with jurisdiction to hear the
case and, in the case mentioned in Article 347 § 1 of the Criminal Code, also by the aggrieved party.
§ 3. The provisions of § 2 do not apply if in the course of court proceedings it transpires that the criminal act has the features
of an offence prosecuted upon a motion of a military unit commander.
Art. 661. Offence prosecuted by private accusation.
§ 1. At the moment of submitting a complaint by the aggrieved party, an offence prosecuted by private accusation becomes an
offence prosecuted ex officio.
§ 2. The military prosecutor may initiate ex officio proceedings concerning offences prosecuted by private accusation, if the
public interest so requires.
§ 3. An appeal against the prosecutor’s decision may be filed by the aggrieved party with the court competent to hear the case.
§ 4. On a motion of the aggrieved party, submitted before the proceedings initiated pursuant to § 1 were closed with a final
judgment, the proceedings are discontinued, unless this is contrary to the public interest. If the motion was submitted after the
beginning of the judicial process in the first instance, the consent of the accused is also required.
Art. 662. Information concerning the accused soldier.
§ 1. Information concerning the accused soldier, apart from that mentioned in Article 213, includes also information
concerning his military service record, distinctions obtained and disciplinary penalties imposed.
§ 2. The rights and duties of a professional court probation officer are vested respectively in a social military probation
officer.
§ 3. The Minister of National Defence, upon consultation with the Minister of Justice, shall define, by regulation, the manner
of appointing and the extent of activity of social military probation officers, bearing in mind the principles of functioning of
the Armed Forces of the Republic of Poland and the requirements of military service.
Chapter 73. Use of force and preparatory proceedings.
Art. 664. Arrest of a suspect. The right to arrest a suspect under the jurisdiction of military courts is vested, under the
circumstances mentioned in Article 244, also in his commanding officer and military units responsible for keeping order.
Art. 665. Notification of arrest.
§ 1. The commander of a military unit, in which a soldier is serving or an army employee is employed, is notified
immediately of their arrest, even if the arrested person does not demand that such a notification be made.
§ 2. If a soldier is arrested in the circumstances defined in Article 244 § 1 due to a justified suspicion of having committed an
offence prosecuted upon a motion of the military unit commander, the arrestee is immediately released on the order of an
authorised commander, unless a commander of a higher rank or military public prosecutor objects to such a release.
Art. 666. Detention on remand of a soldier.
§ 1. A soldier charged with an offence mentioned under Article 338 § 1, Article 339, 341 § 1, Article 343 § 2, Article 345,
352 and 358 § 2 of the Criminal Code may, by way of exception, be detained on remand also if there if a justified concern that
he might commit any of the above offences again.
§ 2. The provisions of § 1 apply accordingly to other preventive measures.
Art. 667. Gathering information concerning a soldier. The preparatory proceedings are also aimed at gathering the
information mentioned in Article 662 § 1.
Art. 668. Investigation.
§ 1. An investigation is conducted in cases concerning indictable offences. It may also be conducted in other cases, if their
importance or complexity so requires.
§ 2. Acting pursuant to Article 334 § 2, the military prosecutor instructs the accused and the aggrieved party who is not a
soldier, about the right to submit a motion as referred to in Article 669 § 2 and 2a.
Chapter 74. Proceedings before the court.
Art. 669. Court panel.
§ 1. A soldier, whose military rank is below than that of the accused on active military service may not be a lay judge. The
above limitations do not apply, if a lay judge has a rank of brigadier general or rear admiral.
§ 2. In the proceedings concerning an indictable offence, on the motion of the accused submitted within seven days of the
service of notification that an indictment was sent to the military court along with the instruction referred to in Article 668 §
2, the president of this court, provided that it is not a case referred to in Article 28 § 3, appoints lay judges to the adjudicating
panel of a common court instead of soldiers.
§ 2a. The provisions of § 2 apply accordingly to a motion of the aggrieved party who is not a soldier. In the case referred to in
Article 55 § 1, the motion is attached to the indictment.
§ 3. The Minister of Justice, upon consultation with the Minister of National Defence, shall define by way of a regulation the
manner of proceeding in cases, where lay judges from common courts participate in adjudicating panels of military courts
mentioned in § 2, bearing in mind the necessity of ensuring the adequate co-operation between the presidents of military and
common courts in appointing lay judges to adjudicating panels.
Art. 671. Participation of a defence counsel.
§ 1. The participation of a defence counsel in the main trial against a soldier on compulsory military service or serving as
candidate to become a professional soldier is mandatory before all military courts.
§ 2. The participation of a defence counsel in the main trial is mandatory before all military courts in a case against a soldier
charged with an offence committed while performing his military service abroad.
§ 3. The participation of a defence counsel in a hearing of the military court against persons mentioned in § 1 and 2 is
mandatory also in the cases provided for in Article 339 § 1 point 2 and 3.
§ 4. The participation of a defence counsel in the main trial against the accused other than that mentioned in § 1 is mandatory
before the military circuit court under circumstances provided for in Article 654 § 1 point 2.
§ 5. In cases mentioned in § 1-4, Article 81 applies accordingly.
Art. 672. Statement of reasons ex officio. A military court of first instance draws up a statement of reasons ex officio. This
does not apply to the judgment granting motions referred to in Article 335 § 1 or 2 and Article 387.
Art. 673. Reopening of proceedings. Matters concerning the reopening of proceedings are decided by the military circuit
court in a panel of three judges, and in cases concluded with a judgment issued by this court or by the Supreme Court - the
Supreme Court.
Chapter 75. (repealed).
Note
This Act implements, within the scope of its regulation, the provisions of the Directive 2013/48/EU of the European
Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European
arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate
with third persons and with consular authorities while deprived of liberty (Official Journal of the European Union L 294 of 6
November 2013, page 1).

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The Code of Criminal Procedure

z dnia 6 czerwca 1997 r. (Dz.U. tłum. gb Nr 89, poz. 555)

Division I. Introductory provisions.

Art. 2. Aims of proceedings, principle of material truth.

4) the case is resolved within a reasonable period of time.

§ 2. The decisions can be based exclusively on actual established facts.

Art. 5. Presumption of innocence.

§ 2. Irresolvable doubts are resolved exclusively in favour of the accused.

Art. 8. Principle of independence of jurisdiction.

Art. 9. Ex officio proceedings.

Art. 10. Principle of legalism.

Art. 11. Discontinuation in view of penalty imposed for another offence.

Art. 12. Prosecution on complaint.

Art. 14. Principle of accusatorial procedure.

Art. 15. Police powers.

Art. 16. Principle of right to information.

Art. 17. Conditions of criminal proceedings.

3) the effects of the prohibited act on society are insignificant,

4) according to the law, the offender is entitled to an absolute discharge,

5) the accused is deceased,

6) the prescribed statute of limitations has expired,

9) there is no motion from an authorised prosecutor,

Art. 18. Minor offence, disciplinary offence.

Art. 19. Notifcation.

Art. 20. Infringement of duties of defence counsel, attorney or public prosecutor.

Art. 21. Notification of initiation and completion of proceedings.

Art. 22. Suspension of proceedings.

§ 5. The decision on the forfeiture is subject to interlocutory appeal.

Art. 23a. Mediation.

§ 7. Mediation proceedings are conducted in an unbiased and confidential manner.

Art. 23b. (repealed).

Division II. The court.

Chapter 1. Competence and composition of the court.

Art. 25. Circuit court.

1) indictable offences indicated in the Criminal Code and in special laws,

Art. 28. Panel at the main trial.

Art. 29. Panel at an appeal and cassation trial.

Art. 30. Panel at a hearing.

Art. 31. Territorial jurisdiction.

Art. 32. Auxiliary criteria.

1) the offence was revealed,

2) the accused was apprehended,

3) the accused resided permanently or temporally, before committing the offence

- depending on where preparatory proceedings were first instituted.

§ 2. The provisions of § 1 apply accordingly to offences committed abroad.

Art. 33. Jurisdiction over the accused.

Art. 34. Jurisdiction over aiders, abettors and instigators.

Art. 35. Court's incompetence.

Art. 38. Dispute concerning competence.

Chapter 2. Disqualification of a judge.

Art. 40. Disqualification by virtue of law.

§ 1. A judge is disqualified by virtue of law from participation in a case where:

1) the case concerns him personally,

6) he participated in issuing a judgment or issued an order that was appealed against,

7) he participated in issuing a judgment that was subsequently reversed,

9) he participated in issuing a judgment against which an objection was filed,

10) he conducted mediation.

Art. 41. Disqualification on motion.

Art. 42. Mode of disqualification.