Spans in 'Poland - Procedure in Criminal Cases' tagged with 'Other types of assistance'

'Other types of assistance' in document 'Poland - Procedure in Criminal Cases'

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More information about the document 'Poland - Procedure in Criminal Cases'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

RELEVANT ROME STATUTE PROVISIONS

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