PART XII
Procedure in criminal cases in international relations

Chapter 61
Immunities of persons on the staff of the diplomatic missions and consular offices of foreign states


Article 578. The jurisdiction of Polish criminal courts shall not extend to :


(1) the heads of diplomatic missions of foreign states accredited in the Republic of Poland,
(2) persons on the diplomatic staff of such missions,
(3) persons on the administrative and technical staff of such missions,
(4) members of the families of the persons listed in subsections (1) through (3), if they are members of their households, and
(5) other persons granted diplomatic immunity pursuant to statutes, agreements, or universally acknowledged international custom.

Article 579. § 1. The jurisdiction of the Polish criminal courts shall not extend to the following persons, to the extent of their actions in the conduct and performance of official duties :

(1) the heads of consular offices and other consular officials of foreign states, and
(2) other persons accorded similar status pursuant to agreements or universally acknowledged international custom.

§ 2. The head of a consular office and other consular officials of foreign states can be subject to arrest or preventive detention only if they are charged with the commission of a felony. In the event of such arrest or preventive detention the Minister of Foreign Affairs shall be promptly notified.

§ 3. In addition to the case specified in § 2 such persons may be deprived of their liberty only pursuant to a valid and final judgement of a Polish court.

Article 580. § 1. Articles 578 and 579 shall not be applied in the special case, in which the sending State explicitly waives the immunity granted to the person referred to in these provisions.

§ 2. As to officials of international organisations who had been granted immunity, the waiver described in § 1, must be effected by the appropriate international organisation.

Article 581. § 1. The persons listed in Article 578 shall not be obligated to testify as witnesses or to appear as experts or interpreters; they may, however, be requested to give their consent to testify or to appear in the capacity of experts or interpreters.

§ 2. In the event that the consent referred to in § 1, is given, the summons served on these persons shall not include the warning on measures of coercion ; if they fail to appear when summoned or refuse to testify, these measures shall not be applied to them.

Article 582. § 1. Article 579 shall be applied accordingly to persons listed in Article 581, if the material circumstances which their testimony or opinions are to concern, are connected with the performance by these persons of their official or professional functions, and with other functions, on the principle of reciprocity.

§ 2. The persons listed in Articles 578 and 579 shall not be obligated to surrender correspondence or documents connected with such functions.

Article 583. § 1. The premises of a diplomatic mission may be searched only after consent has been obtained from the head of such a mission or from a person temporarily acting in his capacity.

§ 2. The consent of a consular office or of a person temporarily acting in his capacity, or of the head of the diplomatic mission shall be necessary to conduct a search of the premises of a consular office.

Article 584. Articles 578 through 583 shall not be applicable to persons listed therein, if such persons are Polish nationals or have their permanent residence in Poland.

Article 27
Irrelevance of official capacity
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.