I.POUCZENIE O UPRAWNIENIACH I OBOWIĄZKACH PODEJRZANEGO W POSTĘPOWANIU KARNYM
I.GUIDANCE ON THE RIGHTS AND OBLIGATIONS OF A SUSPECT IN CRIMINAL PROCEEDINGS
Source: J.L. 2016, item 512
Suspects in criminal proceedings shall have the following rights:
1.The right to provide explanations, written or otherwise, the right to refuse to provide explanations or answer particular questions without specifying the reasons of such refusal (art. 175 para. 1, art. 176 para. 1). Should a summoned person be unable to appear in court due to illness they need to present a medical certificate issued by a court-appointed physician. A certificate issued by a GP or other medical professional shall be deemed insufficient (art. 117 para. 2a). Should the case be urgent, a person can be summoned to be a witness by telephone or other means of communication (art. 137).
2.The right to use a preferred defence counsel. If a suspect proves that they cannot afford a defence counsel, the court may appoint a public defender (art. 78 para. 1). The number of supporting legal persons shall be limited to three at any given time (art. 77). In the event of conviction or conditional discontinuation of criminal procedure, a suspect might be charged with the costs incurred by the public defence (art. 627 and art. 629).
3.Defence counsel may be present at a suspect’s interrogation upon the suspect’s request (art. 301).
4.If a suspect’s command of Polish is insufficient they shall have the right to the assistance of an interpreter, free of charge, also in contacts with the defence counsel (art. 72 para. 1).
5.The right to information about the content of allegations, supplementing or changing allegations and legal classification of alleged offence (art. 313 para. 1, art 314, art 325 a para. 2 and art325 g para. 2).
6.The right to file motions for performing actions connected with investigation or inquiry, e.g. for interrogation of a witness, obtaining documentation or admission of an expert’s opinion (art. 315 para. 1, art. 325a para. 2). If there are reasons to believe that it may not be possible to interrogate witness at a court hearing, a suspect may request that they are interrogated by court or request prosecutor to interrogate witness in such a procedure (art. 316 para. 3).
7.The right of access to a case file, to make copies and extracts, also following the completion of preparatory proceedings. Access to a file may be refused due to any State interest or in the interest of proceeding (art. 156 para. 5).
8.The right to file a motion to examine documentation of investigation or inquiry before its completion. A suspect may be accompanied by defence counsel during such activities. (art. 321 para. 1 and 3, art. 325a para. 2).
9.The right to file a motion to refer the case to reconciliatory mediation with a victim (art. 23a para. 1). Participation in mediation proceedings is voluntary. Positive mediation results shall be taken into account by the court in sentencing (art. 53 para. 3 of the Act of 6 June 1997 - Penal Code, Journal of Laws item 553, as amended).
10.The right to arrange with a prosecutor a motion for issuing judgement and imposing agreed punishments or other remedies by the court without examining evidence (art. 335 para. 1), which may be approved by the court, if not objected to by the victim (art. 343 para. 2). Such a motion may also be filed within their own capacity before delivery of notice on the court hearing date (art. 338a) or at a court hearing, before finishing the first hearing of all accused parties (art. 387 para. 1). In such a case, however, the court may approve it only when the prosecutor and the victim do not object (art. 343 para. 2, art. 343a para. 2, art. 387 para. 2).
11. In an accelerated procedure, in the event of ensuring suspect’s participation in procedures by means of a videoconference, the Police may deliver the suspect’s motion for examining the case (art. 517b para. 2a, art. 517e para. 1a). They may file motions, make statements and carry out procedural actions only verbally, to be recorded in a report. Process documentations, which could not have been delivered to court, may be read out at a court hearing (art. 517ea para. 1 and para. 2). The defence counsel’s and interpreter's participation in a procedure may be ensured in the same manner (art. 517b 2c¬ 2d). In an accelerated procedure motion for reasons for judgement may be filed verbally to be recorded in a report or submitted in writing within 3 days from judgement announcement date; deadline for filing an appeal is 7 days (art. 517h para. 1 and 3).
A suspect is not obliged to prove their innocence or obliged to provide evidence to their detriment (art. 74 para. 1). They are, however, obliged to submit to:
1)Bodily inspection and examination not involving violation of bodily integrity, taking fingerprints, photographing and presentation to other persons (art. 74 para. 2 cl. 1);
2)Psychological and psychiatric examinations and examinations involving procedures applied to the body, except for surgical, on condition that they are not hazardous to health. If such examinations are necessary (in particular taking blood, hair or biofluid samples including saliva), examination should be carried out by authorised medical staff (art. 74 para. 2 cl. 2);
3)Police officer collecting buccal swabs, if it is necessary and not hazardous to health (art. 74 para. 2, cl. 3).
Failure to fulfil these obligations may lead to arrest and bringing suspect involuntarily, as well as
using against him/her physical force or technical means for subduing, to the extent necessary (art. 74 para. 3a).
The duties of a suspect shall include:
1)Appear whenever summoned and notify the authority conducting the procedure about any change of residence for a period exceeding 7 days, also resulting from a custodial sentence in any other case, including temporary arrest and custody, as well as any change of personal details that may preclude efficient communication, including phone numbers and email addresses. Should a suspect fail to appear, they might be arrested and brought involuntarily (art. 75 para. l and 2).
2)Provide correspondence address (art. 132 para. 1 and 2); otherwise the proceedings or court hearing shall be conducted without the presence of the suspect; failure to provide the current address may also render it impossible to file a motion, complaint or appeal due to expiration of deadlines (art. 133 para. 2);
3)Provide address of a person or institution authorised to receive correspondence for the period of their stay abroad; otherwise any letter sent to the previously known national address shall be considered effectively delivered, and the proceedings or court hearing shall be conducted without the presence of the suspect; failure to provide a current address may also render it impossible to file a motion, complaint or appeal due to expiration of deadlines (art. 138);
4)Provide current address in the event of a new place or residence or stay, also resulting from imprisonment in any other case, including temporary arrest or custody; otherwise any correspondence sent to previously known address shall be considered effectively delivered, and the proceedings or court hearing shall be conducted without the presence of the suspect; failure to provide the address may also render it impossible to file a motion, complaint or appeal due to expiration of deadlines (art. 139).
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II.POUCZENIE O UPRAWNIENIACH I OBOWIĄZKACH POKRZYWDZONEGO W POSTĘPOWANIU KARNYM
II.GUIDANCE ON THE RIGHTS AND OBLIGATIONS OF A VICTIM IN CRIMINAL PROCEEDINGS
Source: J.L. 2016, item 514
A victim shall be defined as a natural or legal person, whose personal interests have been directly threatened or violated by an offence (art. 49 para. 1)1}. A representative or a guardian of a fully or partially incapacitated or incapable minor who is a victim of an offence shall be authorised to exercise their rights (art. 51). The next of kin or a person dependent on a deceased victim shall be authorised to exercise their rights (art. 52).
A victim shall be a party in preparatory procedures preceding the filing of a case to court (art. 299 para. 1). A victim may be a party in court proceedings, acting as subsidiary prosecutor, if it is requested prior to the commencement of court proceedings (art. 53 and art. 54 para. 1). Therefore the rights of a victim shall be as follows:
1.The right to use a preferred legal representative, either a barrister or legal counsel. The number of supporting legal persons shall be limited to three at any given time. The expenses incurred might be charged upon the defendant, depending on the extent of the proceedings (art. 627-629). Should a victim prove that they cannot afford a legal representative, the court may appoint a public legal representative (art. 78 para. 1, art 87 para. l and 2, art 88).
2.The right to a free interpreter, present during interrogation or examining the evidence, should a victim's command of Polish be insufficient, and, also, whenever necessary, should they be deaf or mute (art. 204 para. 1 and 2).
3.The right to file a complaint against the refusal to commence or discontinuation of proceedings, including investigation or a complaint regarding insufficient level of operations, should no notification regarding the commencement or refusal to commence investigation or inquiry was issued within 6 weeks from filing a notification of a on offence (art. 306 para. l a and 3, art. 390 para. 2).
4.The right to file motions for investigation or inquiry, e.g. witness interrogation, obtaining documentation, including expert opinion (art. 315 para. l and art. 390 para. 2). Should there be reasonable doubt that it might not be possible to interrogate a witness during the court hearing, a victim may request court interrogation. Such a request may also be issued to the prosecutor (art. 316 para. 3).
5.The right to participate in all proceedings conducted upon a victim's motion and proceedings that cannot be repeated during court hearing, including witness testimony. A victim's legal representative shall also have the right to participate in these proceedings (art. 315 and art. 316). Upon request, a victim shall have the right to participate in other proceedings (art. 317 para. 1). In certain circumstances, a victim and their legal representative may not be granted the right to participate in legal proceedings due to the interest of the case (art. 316 para. l and art. 317 para. 2). Should a victim be summoned to appear in court in person, and subsequently fail to fulfil this obligation, a certificate issued by a court-appointed physician shall be necessary. A certificate issued by a GP or other medical professional shall be deemed insufficient (art. 117 para. 2a).
6.The right to participate in the interrogation of an expert witness and read their written opinion (art. 318).
7.The right to access the case file, make copies and extracts (art. 156 para. 1). A victim shall also have the right to obtain paid copies and extracts of the case file (art. 156 para. 2). Access to a case file may be refused due to important state interest or the interest of the proceedings (art. 156 para. 5).
8.The right to file a motion to append the investigation or inquiry. The motion must be filed within 3 days from the date of the final access of a suspect to the case materials (art. 321 para. 5).
9.The right to file a motion to refer the case to mediation proceeding in order to reconcile with a suspect and possible restorative work (art. 23a). Participation in mediation proceeding is voluntary. Positive mediation results shall be taken into account during court in sentencing (art. 53 para. 3 of the Act of 6 June 1997, Penal Code, Journal of Laws, No. 88, item 553, as amended).
10.The right to file a motion for restorative work or compensation for inflicted harm until the completion of the court case (art. 49a).
11.The right to receive information regarding terminating temporary arrest of a suspect or their escape from custody (art. 253 para. 3).
12.The right to file a complaint against decisions and orders in cases stipulated by law (art. 459), as well as other proceedings violating the victim's rights (art. 302 para. 2).
13.The right to file a motion to obtain information regarding the nature of the charges against the defendant and the date and place of the court hearing or session during which proceedings might be terminated, conditionally discontinued or summary conviction (art. 337a).
14.Should a victim be a citizen of Poland or any other European Union member state, they shall have the right to claim state compensation, in compliance with the regulations stipulated in the Act on State Compensation for Victims of Certain Intentional Offences of 7 July 2005 (Journal of Laws 2016 No. 325).
15.Personal details, including the place of residence and place of work of a witness shall not be disclosed in the case file. They shall be published in a separate annexe available only to the authority conducting the proceedings and revealed only under exceptional circumstances (art. 148a)
16.Should the life or health of a victim or their next of kin be threatened, they may obtain Police protection for the duration of the proceedings. Should the level of risk be considered high, they may obtain personal protection or support in arranging a new place of residence. The request for protection shall be addressed to the Provincial Police Commander through the authority conducting the proceedings or the court (art. 1-17 of the Act of 28 November 2014 on victim and witness protection of and support (Journal of Laws 2015, Item 21).
17.A victim and their next of kin may obtain free medical, psychological, legal and material support through the Crime Victims Support Network (art. 43 para. 8 cl. 1 of the Act of 6 June 1997, Executive Penal Code, Journal of Laws. item 557, as amended)
18.Should a restraining order be issued against an offender, upon a victim's request, it may be executed also in all European Union member states, in compliance with European Protection Order (art. 611w – art. 611wc).
The duties of a victim shall include:
1)Undergo medical examination and tests, not including surgical, or observation in medical institutions, if health condition may affect the the penalty of the offense (art. 192 para. 1).
2)Provide the address of a person or institution authorised to receive correspondence for the period of their stay abroad; otherwise any letter sent to the previously known national address shall be considered effectively delivered, and the proceedings or court hearing shall be conducted without the presence of the suspect; failure to provide the current address may also render it impossible to file a motion, complaint or appeal due to expiration of deadlines (art. 138);
3)Provide a current address in the event of a new place or residence or stay, also resulting from imprisonment in any other case, including temporary arrest or custody; otherwise any correspondence sent to a previously known address shall be considered effectively delivered, and the proceedings or court hearing shall be conducted without the presence of the suspect; failure to provide an address may also render it impossible to file a motion, complaint or appeal due to expiration of deadlines (art. 139).
I confirm that I received guidance
(date, signature)
III.POUCZENIE O UPRAWNIENIACH I OBOWIĄZKACH ŚWIADKA W POSTĘPOWANIU KARNYM
III.GUIDANCE ON THE RIGHTS AND OBLIGATIONS OF A WITNESS IN CRIMINAL PROCEEDINGS
Source J.L. 2016, item 515
A witness in criminal proceedings shall have the following rights:
1. Any person summoned to be a witness is obliged to appear and testify (art. 177 para. l). Should the case be urgent, a person can be summoned to be a witness by telephone or other means of communication (art. 137). Should a summoned person be unable to appear in court due to illness they need to present a medical certificate issued by a court-appointed physician. A certificate issued by a GP or other medical professional shall be deemed insufficient (art. 117 para. 2a). A witness is entitled to reimbursement of travel costs (art. 618a-618e). All unexcused absences may result in a fine, custody or arrest (art. 285-287).
2.Under exceptional circumstances, a witness videoconference may be arranged (art. 177 para. 1 and art. 390 para. 3).
3.Should there be a valid reason for which a witness is unable to appear in court, including illness, they may testify at their place of residence (art. 177 para. la and 2).
4. Should the mental state or intellectual development of a witness be in question they may be asked to testify in the presence of a court-appointed medical expert or psychologist (art. 192 para. 2). A medical examination may be arranged with the witness’s consent (art. 192 § 4); witness fingerprints, buccal swabs, hair, saliva and smell samples can be taken without consent, as well as handwriting specimen, a photograph and a voice recording (art. 192a § 1).
5. Confidential and classified information can only be testified provided a witness has been relieved of the obligation of secrecy by an authorized supervisor (art. 179 para. 1). A witness shall have the right to refuse to testify any proprietary or confidential information as well as professional secrecy, unless they have been released from the obligation of secrecy by the court or the prosecutor (art. 180 para. 1). A hearing which would include sharing information classified as notary, barrister, legal counsel, tax advisor, medical, journalistic or statistical secrecy may be only arranged when unavoidable and the circumstances cannot be determined on the basis of other evidence (art. 180 para. 2). The release of a journalist from the obligation of secrecy shall not include the identification of the author of a press release, letter to the editor or other similar material, nor identification of people who have their personal data reserved, with the exception of the crimes for which denunciation is obligatory (art. 180 para. 3 and 4). In these cases, the court shall hear a witness at the non-public trial (art. 181 para. 1).
6. The next of kin of the defendant, including a spouse, parent, child or a partner, shall have the right to refuse to testify. A witness charged with complicity in the crime in another case under investigation shall also have the right to refuse to testify (art. 182 para. 1 and 3). A witness may exercise their right to refuse to testify until the commencement of the first testimony given in court proceedings. Any previously testimony, given under these circumstances, may not be used as evidence (art. 186 para. 1).
7.A witness may refuse to answer a question should the answer expose them or their next of kin to criminal liability (art. 183 para. 1). A witness who is in a particularly close personal relationship with the defendant may be exempt from testifying or answering a question (art. 185). A witness may request for the hearing to be non-public if the content of the testimony could result in a witness or their next of kin’s embarrassment (art. 183 para. 2).
8.A witness under the age of 15, in the case of an offence committed with the use of violence or a threat, a sex offence or an offence against the family or who is a victim of crime against freedom, shall testify only once in an appropriately adapted child-friendly setting. The hearing shall be recorded. Alternatively, a videoconference can be arranged. Additional hearings shall only be organised under exceptional circumstances (art. 185a, art. 185b and art. 185d).
9. Witnesses of rape or other sexual abuse shall testify in court; should they verbally notify the prosecutor or police officer of the offense, only the most important facts and evidence shall be testified (art. 185c para. 1). The hearing in the court shall be recorded and should not be repeated. Should additional hearings be necessary, at the request of a victim a videoconference might be arranged (art. 185c para. 2 and 3).