National procedures for execution of cooperation request


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

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

Art. 611g. § 1. A request for co-operation of the International Criminal Court, hereinafter referred to as “the Court”, depending on the stage of the proceedings, is executed by a competent court or prosecutor through the Minister of Justice.

§ 2. The provision of § 1 shall apply, respectively, to a request for judicial assistance addressed to the Court by a court or a prosecutor.

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

Art. 611r. § 1. At the request of the Court, in the course of the execution of a request for co-operation, the Prosecutor of the Court and other persons authorized by the Court shall be present during the performance of actions covered by the request.

§ 2. The persons referred to in § 1 may request that certain questions are asked and may record the course of the procedural actions for the needs of the proceedings pending before the Court.

§ 3. The Prosecutor of the Court shall be entitled to carry out procedural activities in the territory of the Republic of Poland subject to the terms and conditions specified in the Statute.

Part XII: Procedure in Criminal Cases in International Relations

Procedure in criminal cases in international relations

Chapter 62
Judicial assistance and service of documents in criminal cases

Article 587. The official records of inspections, examinations of persons as accused persons, witnesses or experts, or records of other evidentiary actions prepared upon a request from a Polish court or state prosecutor, by the courts or state prosecutors of foreign states or by agencies performing under their supervision, may be read aloud at the hearing according to the principles prescribed in Articles 389, 391 and 393. This may be done provided that the manner of performing these actions, does not conflict with the principles of the legal order in the Republic of Poland.

Rome Statute

Article 93 Other forms of cooperation

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:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.