Chapter 66a. Co-operation with the International Criminal Court
Art. 611m. If granting of judicial assistance provided for in the Statute, to the extent or in a manner specified in the Court’s request, is in contradiction with the principles of legal order in the Republic of Poland, a court or a prosecutor shall not take a decision regarding the request, but shall submit the files of the case to the Minister of Justice who consults with the Court in order to resolve the matter.
Art. 611n. If a request of the Court for judicial assistance concerns measures other than those listed in the Statute, and its execution despite consultations with the Court is still prohibited by law, and such judicial assistance may not be granted subject to specified conditions, at a later date or in any other manner, a court or a prosecutor shall deny the Court’s request.
Art. 611o. § 1. If a request of the Court concerns access to documents or other evidence containing information the disclosure of which could threaten the security of the Republic of Poland, a court or a prosecutor shall not take a decision regarding such request, but shall submit the files of the case to the Minister of Justice who, in co-operation with the competent body, consults with the Court in order to resolve the matter.
§ 2. If, despite the consultation with the Court, the granting of judicial assistance still threatens the security of the Republic of Poland, a court or a prosecutor shall deny the Court’s request.
Art. 611p. If a request of the Court concerns provision of a document or other evidence made available to a relevant body or institution of the Republic of Poland by another state or international organization subject to an obligation of maintaining information contained therein as confidential, the provision shall take place only upon the consent of the originator of such document or evidence.
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.
Art. 611s. The consultation with the Court, as referred to in the Statute, other than those specified herein, shall be carried out by the Minister of Justice.
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