Article 593. § 1. The petitions for extradition by a foreign State of a person against whom criminal proceedings have been instituted, for extradition in order to conduct judicial proceedings or enforce the imposition of the penalty of deprivation of liberty, for transportation of a prosecuted or sentenced person through the territory of a foreign State, or for or for transmitting from the territory of a foreign State the material evidence or objects acquired by the perpetrator through his offence, shall be filed through the Attorney General by the courts and state prosecutors.

Requests of foreign states for the extradition or transportation of prosecuted or
sentenced persons staying abroad, and for the delivery of material objects

Article 602. If an authority of a foreign State request the extradition of a prosecuted person in order to conduct criminal proceedings against him, or to execute a penalty or a preventive measure previously imposed, the state prosecutor shall examine this person and, if necessary, secure the material evidence in this country, whereupon he shall file the case with a Voivodship Court having territorial jurisdiction over the case.

Article 603. § 1. The Voivodship Court shall issue in session an opinion on the motion of the foreign State. Before such an opinion is issued, the prosecuted person should be given the opportunity to submit explanations, orally or in writing. If extradition is sought in order to institute criminal proceedings, upon the well-founded request of such a person, evidence-taking proceedings should be conducted with respect to the evidence accessible in this country.

§ 2. The defence counsel shall have the right to participate in the session.

§ 3. If the court has issued an order on the inadmissibility of extradition, the extradition may not take place.

§ 4. The order of the court regarding the extradition shall be subject to interlocutory appeal.

§ 5. The court shall refer the valid and final order together with the files of the case to the Minister of Justice who, having decided on the motion, shall notify the appropriate authority of the foreign state.

Chapter II
THE FREEDOMS, RIGHTS AND OBLIGATIONS OF PERSONS AND CITIZENS

PERSONAL FREEDOMS AND RIGHTS

Article 55

1. The extradition of a Polish citizen shall be prohibited, except in cases specified in paras 2 and 3.

2. Extradition of a Polish citizen may be granted upon a request made by a foreign state or an international judicial body if such a possibility stems from an international treaty ratified by Poland or a statute implementing a legal instrument enacted by an international organisation of which the Republic of Poland is a member, provided that the act covered by a request for extradition :

1) was committed outside the territory of the Republic of Poland, and
2) constituted an offence under the law in force in the Republic of Poland or would have constituted an offence under the law in force in the Republic of Poland if it had been committed within the territory of the Republic of Poland, both at the time of its commitment and at the time of the making of the request.

3. Compliance with the conditions specified in para. 2 subparas 1 and 2 shall not be required if an extradition request is made by an international judicial body established under an international treaty ratified by Poland, in connection with a crime of genocide, crime against humanity, war crime or a crime of aggression, covered by the jurisdiction of that body.

4. The extradition of a person suspected of the commission of a crime for political reasons but without the use of force shall be forbidden, so as an extradition which would violate rights and freedoms of persons and citizens.

5. The courts shall adjudicate on the admissibility of extradition.

Chapter 66a. Co-operation with the International Criminal Court

Art. 611l. The Minister of Justice may grant his/her consent to the surrender to the Court of a person who has been extradited or surrendered to another state.