PART XII
Procedure in criminal cases in international relations
Chapter 64
Petition for the extradition or transportation of prosecuted or sentenced persons staying abroad, and for the delivery of material objects
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 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.
Article 594. § 1. A duplicate copy of the order on preventive detention and the statement of reasons thereof, explaining the factual situation and the legal grounds for the prosecution, shall be appended to the petition.
§ 2. If the accused is sentenced to deprivation of liberty by a valid and final judgement, a copy of this judgement shall be appended to the petition in place of the copy of the order referred to in § 1.
§ 3. Article 280 § 1 subsection (2) shall be applied accordingly.
Article 595. In exigent circumstances, the court or the state prosecutor may apply directly to the appropriate agency of the foreign State, requesting that the person whose extradition is to be sought, be put under preventive detention or arrested, whereupon a petition should be promptly filed pursuant to Articles 593 and 594.
Article 596. The person extradited cannot, without the consent of the state that extradited him, be sentenced or deprived of liberty in order to serve a penalty for any other offence committed before the date of extradition.
Article 597. In the event that upon extradition, the condition is imposed concerning the person extradited, that formerly imposed penalties will be executed only to the extent of the offences for which the extradition has been granted, the court which has validly decided the case, shall issue in session a judgement, if necessary, amending the prior decision so that the penalty shall be executed only as to the offences for which the extradition was granted. The state prosecutor and the extradited person shall have the right to participate in the session. The provision of Article 451 shall be applied accordingly.
Article 598. § 1. With respect to the extradited person, the time-limits prescribed in Article 263 will run from the time of his being taken in custody by the appropriate agencies on the territory of the Republic of Poland.
§ 2. Article 265 shall also be applicable when the arrest has occurred in a foreign state.
Article 599. If a person extradited by another State fails, without good cause, to leave the territory of the Republic of Poland within forty five days from the day on which the proceedings are validly concluded, or, in the event that he has been sentenced, within two months from the day on which he completes the serving of his sentence or the date of granting a remission of penalty, or if he returns after leaving the territory of the Republic of Poland, the restrictions provided in Articles 596 and 597 shall not apply.
Article 600. After a valid and final decision has been issued in a case against a person extradited from a foreign State, the court shall send a copy of the judgement to the Minister of Justice, and the latter will convey the same to the appropriate agency of that foreign State. Article 157 § 2 shall be applied accordingly.
Article 601. Material objects transmitted by a foreign State, acquired as a result of an offence shall be returned if such a condition was imposed on their transmission; this provision shall also apply to material evidence.
Chapter 65
Requests by 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 submits a motion for 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 Poland, whereupon he shall file the case with a circuit court having territorial jurisdiction over the case.
Article 603. § 1. The circuit 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 Poland.
§ 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.
Article 603a. § 1. If an international agreement to which the Republic of Poland is a party so stipulates, the request by a foreign state for the application of a preventive detention replaces a request for extradition.
§ 2. In the case referred to in § 1, the state prosecutor shall, during the examination, inform the prosecuted person of the possibility of his consent to extradition combined with waiving the use of restrictions specified in Articles 596 and 597. If the prosecuted person agrees to submit such a statement, the state prosecutor shall refer the case to a circuit court for the area where the proceedings are pending.
§ 3. The court decides, in a session, on preventive detention of the prosecuted person, receives the statement of consent to extradition or to extradition combined with waiving the use of restrictions specified in Articles 596 and 597, and issues an order on the admissibility of extradition.
§ 4. The consent of the prosecuted person and the waiver, referred to in § 2 may be withdrawn, of which the prosecuted person shall be instructed.
§ 5. The court shall transfer, without delay, the valid and final order together with the files of the case, to the Minister of Justice, who decides on the extradition of the person.
§ 6. If the statement referred to in § 3 has not been submitted, or the court has found that a circumstance specified in Article 604 § 1 has occurred, or when the session has been adjourned for a period in excess of 7 days, the provisions of Articles 602, 603 and 605 shall be applied.
Article 604. § 1. The extradition is inadmissible if :
(1) the person to whom such a motion refers, is a Polish national or has been granted the right of asylum in the Republic of Poland,
(2) the act does not have the features of a prohibited act, or if the law stipulates that the act does not constitute an offence, or that a perpetrator of the act does not commit an offence or is not subject to penalty,
(3) the period of limitation has elapsed,
(4) the criminal proceedings have been validly concluded concerning the same act committed by the same person,
(5) the extradition would contravene Polish law,
(6) there are grounds for fearing that in the state moving for extradition, a death sentence may be issued for the extradited person or later executed,
(7) there are grounds for fearing that in the state moving for extradition, the extradited person may be subject to torture.
§ 2. In particular, extradition may be refused, if :
(1) the person to whom such a motion refers has permanent residence in Poland,
(2) the criminal offence was committed on the territory of the Republic of Poland, or on board a Polish vessel or aircraft,
(3) criminal proceedings are pending concerning the same act committed by the same person,
(4) the offence is subject to prosecution on a private charge,
(5) pursuant to the law of the State which has moved for extradition, the offence committed is subject to the penalty of deprivation of liberty for a term not exceeding one year, or to a lesser penalty or such a penalty has been actually imposed,
(6) the nature of the offence with which the motion for extradition is connected is political, military or fiscal, or
(7) the State which has moved for extradition, does not guarantee reciprocity in this matter.
§ 3. In the event indicated in § 1 subsection (4) and § 2 subsection (3), the resolution of the motion for extradition may be adjourned, until the criminal proceedings pending against the same person in the Republic of Poland are concluded, or until he has served the sentence imposed or has been granted remission of the penalty.
Article 605. § 1. If the motion for extradition concerns an offence the perpetrator of which is subject to extradition, then the circuit court acting ex officio or upon a motion from the state prosecutor, may issue an order concerning the preventive detention to be imposed upon the prosecuted person; Article 263 shall be applied accordingly.
§ 2. The court, before a motion for extradition has been filed, may also order the preventive detention of the prosecuted person for a period not exceeding forty days, if so requested by the agency of a foreign State, which at the same time shall declare that the person concerned has been validly sentenced by a judgement, or a decision for preventive detention has been issued.
§ 3. The order of the court regarding the preventive detention shall be subject to interlocutory appeal.
§ 4. The Minister of Justice and a diplomatic mission or a consular office or prosecuting agency of the foreign State shall be notified promptly, of the day on which the preventive detention commences.
§ 5. If the information contained in a motion for extradition is insufficient, and the court or the state prosecutor has required its completion, and the foreign State fails to send the necessary documents or information to the requesting agency, within one month from the day on which the request for the completion of the motion for extradition is served on it, the decision on preventive detention shall be quashed.
§ 6. In the event that extradition is refused, or the motion for extradition or preventive detention is withdrawn, or if the agency of a foreign State, though duly notified of when and where the requested person is to be surrendered, fails to take custody of him within seven days from the day established for extradition, then the person who was placed under preventive detention should be promptly released unless he is deprived of his liberty in another case.
Article 606. § 1. Permission for the transportation of a prosecuted person through the territory of the Republic of Poland shall be granted by the Minister of Justice. Articles 594, 604 and 605 shall be applied accordingly.
§ 2. If the transportation is by air and no landing is expected, it shall be sufficient to notify the Minister of Justice of the transportation of the prosecuted person over the territory of the Republic of Poland.
Article 607. § 1. Jurisdiction to resolve motions filed by a foreign State, seeking delivery of objects constituting material evidence or obtained by the offence, shall be vested in the state prosecutor or the court, depending on at whose disposal these objects have been deposited.
§ 2. The order on the delivery of objects should list the material objects subject to surrender to the foreign State, and indicate what objects shall be returned after the criminal proceedings conducted by the agencies of that foreign State have been concluded.
EDIT.