PART XII
Procedure in criminal cases in international relations
Chapter 62
Judicial assistance and service of documents in criminal cases
Article 585. The actions necessary in criminal proceedings may be conducted by way of judicial assistance, particularly the following :
(6) advising on the law.
PART XII
Procedure in criminal cases in international relations
Chapter 62
Judicial assistance and service of documents in criminal cases
Article 588. § 1. Courts and state prosecutors' offices shall give judicial assistance when requested by letters rogatory, issued by the courts and the state prosecutors' offices of foreign states.
§ 2. The court and the state prosecutors' office shall refuse to give judicial assistance and convey their refusal to the appropriate agencies of the foreign state in question, if the requested action is in conflict with the legal order of the Republic of Poland or constitutes an infringement of its sovereignty.
§ 3. The court and the state prosecutor may refuse to give judicial assistance if :
(1) the performance of the requested action lies beyond the scope of activity of the court or state prosecutor under Polish law,
(2) the foreign state in which the letters rogatory have originated, does not guarantee reciprocity in such matters, or
(3) the request is concerned with an act which is not an offence under Polish law.
§ 4. Polish law shall be applied to the procedural actions performed pursuant to a request from a foreign court or state prosecutor. However, if these agencies require special proceedings or some special form of assistance, their wishes should be honoured, unless this is in conflict with the principles of the legal order of the Republic of Poland.
§ 5. The fees for the judicial assistance shall be established pursuant to Articles 616 through 619.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(j) The protection of victims and witnesses and the preservation of evidence;
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.