ACT

of 24 August 2001

Code of conduct on cases of misconduct

• Metric
• Codified text

SECTION I

General principles

Article 1. [ Application of the provisions of the Code, application of the Code of Criminal Procedure] § 1. The proceedings in cases of misconduct shall be subject to the provisions of this Code.

§ 2. In the proceedings referred to in § 1, the provisions of the Code of Criminal Procedure shall apply only where this Code provides such a case.

Article 2. [ Types of proceedings, fines in the form of a criminal mandate] § 1. The judgment shall be held in the proceedings:

1. common;

2. expedited;

3) warrant.

§ 1a. A judgment in ordinary proceedings shall take place where there is no reason to hear the case in an accelerated or an order procedure.

§ 2. In the cases referred to in the law and under the conditions laid down in that law, the competent authority may impose a fine by means of a criminal mandate.

Article 3. [ Notice on the failure of the supervising authority or body to be carried out] If, in the course of the proceedings, a significant defect in the activities of a State, self-government or social institution is found to be a conducive to a breach of the law, the court shall, and in the course of the investigation procedure, notify the operator concerned of the finding. the institution or body appointed to exercise supervision over it.

Article 4. [ Right to defend the vile] § 1. A right of defence shall be entitled, including the use of the assistance of a single defender, of which it must be taught.

§ 2. The law referred to in § 1 shall also be entitled to the person referred to in Article 1. 54 § 6 upon accession to the hearing after informing it of the contents of the allegations or at the moment of calling on it to make written explanations. This person should be advised of his or her right to be entitled. The provisions of Article 4 21-24 shall apply mutatis mutandis.

§ 3. The instruction referred to in paragraph 2 shall be made prior to the hearing, or together with a call for written explanations. If the instruction is accompanied by a call for written explanations, the mention of the instruction shall be given in the official note referred to in Article 4. 54 § 7.

Article 5. [ Procedural conditions] § 1. The proceedings shall not be initiated and the following shall be opened when:

(1) the act has not been committed or there is no sufficient data to justify the suspicion of committing it;

2) the act does not contain any significant misconduct or the law states that the perpetrator does not commit any wrongdoing;

3) the law states that the perpetrator shall not be punished;

(4) the statute of limitations has expired;

5) The blamed died;

6. The following shall be blamed:

a) authenticated in the Republic of Poland, the head of the diplomatic representation of a foreign state,

(b) the person belonging to the diplomatic staff of that representative,

(c) the person belonging to the administrative or technical staff of the representative office,

(d) the family member of the persons referred to in a-c and stays with them in the home community,

(e) any other person enjoying diplomatic immunity, on the basis of laws, agreements or universally recognized international customs,

(f) the manager of a consular office or another consular officer of a foreign country or another person with an equal treatment on the basis of laws, agreements or universally recognised international customs;

7) under special provisions shall not be subject to the caselaw on the basis of this Code;

8) the conduct of the same act of the outdated has been legitimately completed or previously initiated, it goes;

9) there is no complaint of an authorized prosecutor or a law enforcement request from an authorized person or a prosecution permit, when the law requires it;

10) there is another circumstance exempting from the power of the adjudication in proceedings under this Code.

§ 2. Paragraph 1 (6) shall not apply:

1) to the persons referred to therein, if they are Polish citizens or have a permanent residence in Poland, with the persons referred to in point (f) not subject to the case-law under this Code, only in the scope of activities performed in and in the performance of the official functions;

2) if the international agreement, of which the Republic of Poland is a party, provides otherwise.

§ 3. The provision of Paragraph 1 (6) may not apply to a national of a foreign country with which there is no agreement on the subject and that the State does not provide reciprocity.

§ 4. Pending the receipt of a prosecution or prosecution authorisation required by the law, the investigative authority may carry out acts of urgency to secure evidence and evidence, as well as to the activities of the investigator. an explanation of whether the request will be made or the authorisation will be issued.

Article 6. [ Prosecution request] § 1. In cases of misdemeanor upon request of the victim of a request for punishment, if he is not netted, he/she shall obtain the requested request from the person entitled to submit it. The request may be made in writing or verbally reported.

§ 2. A request made as to some of the acts which are not present in the request shall also be effective against persons not indicated in the request, if they are not the closest to the victim, whereupon the applicant must be instructed before his or her Receipt.

§ 3. The request can be undone. It is not acceptable to withdraw the request to some of the only ones who work in committing the act, unless they are the closest to the victim. The revocation may take place until the beginning of the court line at the first hearing. If the request is withdrawn, re-submission is not acceptable.

§ 4. If the application for punish is derived from the victim, the waiver of such a request shall also mean that he/she waives the request for a prosecution.

Article 7. [ Executing court orders, Explanatory actions] The police and other authorities in the proceedings in cases of misconduct shall execute the court's orders and lead within the limits set out in the Explanatory Act.

Article 8. [ Application of provisions of the Code of Criminal Procedure] In proceedings governed by this Code, the provisions of Article 1 shall apply mutatis mutandis. 2, art. 4, art. 5, art. 7-9, art. 13, art. 14, art. 15 § 2 and 3, art. 16, art. 18 § 2, art. 20, art. 23 and art. 23a of the Code of Criminal Procedure.

SECTION II

Court

Chapter 1

Jurisdiction and composition of the court

Article 9. [ Property of regional court of law] § 1. In cases of misconduct in the first instance, the district court shall give judgment, subject to the matters referred to in Article 4. 10.

(2) The Court of First Instance shall also recognise cases of appeal in the cases referred to in the Act and carry out other acts where the law provides for it to be established.

Article 10. [ Property property of military garrison courts] § 1. In cases of misconduct committed by:

1. soldiers in active military service:

(a) against a military authority or other soldier,

(b) during or in connection with the performance of official duties, within the military facility or the designated place of residence, to the detriment of the military or in breach of an obligation arising from the military service,

c) abroad, during the use or residence of the Armed Forces of the Republic of Poland outside the State, within the meaning of the Act of 17 December 1998. the principles of the use or residence of the Armed Forces of the Republic of Poland outside the State (Dz. U. Nr 162, pos. 1117, with late. zm.),

2) soldiers of the armed forces of foreign states residing in the territory of the Republic of Poland and the members of their civil personnel, if they remain in connection with the duties of official duties, if the law or international agreement, of which The Republic of Poland is a party, does not provide otherwise

-they rule in the first instance of military garrison courts.

§ 2. Article Recipe 9 § 2 shall apply mutatis mutandis to military courts.

Article 11. [ Submission of the case] § 1. In determining the jurisdiction of the court, the provisions of Article 1 shall apply 31, 32, 33 § 1, art. 34-36, 39 and 43 of the Code of Criminal Procedure, and in relation to the court referred to in art. 10, also art. 651 of the Code of Criminal Procedure.

The Court of First Instance may, at the initiative of the competent court, refer the case to another equivalent court within the district of the same district court, if the good of the judicial system so requires.

§ 3. The provision of § 2 shall apply mutatis mutandis to the military district court, in an accident in which the initiative originates from a military garrison court.

Article 12. [ Dispute settlement of jurisdiction between courts] § 1. Disputes over jurisdiction between the district courts shall be settled by a district court, competent for the district in which the court which first opened the dispute is in operation.

§ 2. The Spora on jurisdiction between the military garrison courts resolves the military district court, the overarching court, which first opened the dispute.

Article 13. [ Judgments and composition of the court] § 1. The Regional Court shall adjudicate at the hearing and at the sitting by one person.

§ 2. The provision of § 1 shall apply mutatis mutandis to the military garrison court and to the court of adjudication in the cases referred to in art. 12 § 1 and 2.

Article 14. [ The competent courts of appeal, the composition of the courts] § 1. A court of appeal in cases of misconduct subject to the jurisdiction of the general courts, if the law does not provide otherwise, shall be:

1) the district court to recognize the appeal and the complaints against the provisions and orders closing the way for the judgment;

2. a district court in another equivalent composition for the recognition of the other complaints.

§ 2. The court of appeal in cases of misconduct subject to the jurisdiction of the military courts, if the Act does not provide otherwise, is a military district court.

§ 3. The district court and the military district court also recognize the cases passed on to them by the law.

§ 4. In the cases referred to in paragraphs 1 and 2, the courts shall give judgment in them at the hearing and at the sitting in a single session.

§ 5. In the cases referred to in paragraph 3, the courts shall adjudicate on a single basis, unless the law provides otherwise, or the President of the Court of Justice shall rule in the composition of three Judges.

Article 15. [ Property of the Court of Appeal and the Supreme Court, the composition of the courts] § 1. The appeals court shall recognize appeals against decisions and orders issued in the first instance by the district court and other cases provided to him by the Act.

§ 2. The Supreme Court recognizes the cassation and other cases provided to him by the Act.

§ 3. In cases in which the military courts have ruled, the powers of the district court have a military district court, and the powers of the appellate court and the Supreme Court have the Supreme Court-the Military Chamber.

§ 4. The courts referred to in § 1-3 shall be adjudicated by one person, unless the law provides otherwise either by the President of the General Court or by the President of the Supreme Court of the Board of Goverment in the composition of three Judges.

Chapter 2

Disablement

Article 16. [ Judge Exemption Mode] § 1. The provisions of Article 4 (1) shall apply mutatis mutandis to the exclusion of a Judge and a refer 40, art. 41 and art. 42 § 1-3 of the Code of Criminal Procedure.

§ 2. If the judge is to be excluded, another equivalent court shall be settled by the Judge before which the case is brought. If the formation of such a composition is not possible, the judgment of the higher court shall be ruled out. If the court referendary is excluded, the court shall rule on one judge.

SECTION III

Parties, Defenders and Plenipotentiaries

Chapter 3

Public prosecutor

Article 17. [ Public Prosecutor] § 1. The public prosecutor in all cases of misconduct is the Police, unless the law states otherwise.

§ 2. In cases of misconduct against the rights of an employee as defined in the Code of Labour, in cases of misconduct referred to in art. 119-123 of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. zm.), as well as in cases of other misconduct related to the performance of gainful employment, if the Act so constitutes, the public prosecutor is the Labour Inspector.

§ 3. The authorities of government and local government, state control and local government control bodies and municipal guards (urban) powers of the public prosecutor shall be entitled only if they are in the process of doing so in the course of the the investigation has revealed a misdemeanor and has requested that the investigation be punished.

§ 4. The Council of Ministers may, by regulation, grant public prosecutor's powers to other State, local or local authorities in matters of misconduct, specifying the scope of the cases in which they may act within the framework of their action. Having regard to the grounds of the statutory powers of such institutions and the need to protect goods particularly exposed to infringements by offenders, with a request to punish the offenders.

§ 5. Participation on the body which applied for punishment shall exclude the Police from participation in the case.

Article 18. [ Prosecutor's participation] § 1. In any case of wrongdoing, an application for punishment may be filed by a prosecutor, becoming a public prosecutor.

§ 2. The procurator may also enter into proceedings initiated on the basis of an application for punishment brought by another prosecutor.

§ 3. In the cases indicated in § 1 and 2, the prosecutor's participation shall exclude the participation of another public prosecutor.

Art. 18a. [ Participation in the trial of the public prosecutor] Participation in the trial of a public prosecutor who has submitted an application for punishment shall be mandatory when there is a defender referred to in art. 21 § 1.

Article 19. [ Application of provisions of the Code of Criminal Procedure] § 1. The provisions of Article 4 40 § 1 points 1-4 and 6, § 2 and art. 41 and 42 of the Code of Criminal Procedure shall apply mutatis mutandis to the public prosecutor.

§ 2. On the exclusion of the decision, the authority directly postponed over the person subject to the exemption. Article Recipe 48 § 2 of the Code of Criminal Procedure shall apply accordingly.

Chapter 4

Blamed and his defender

Article 20. [ Blamed Definition] § 1. The person against whom the application for punishment in the case of misconduct has been filed shall be blamed.

§ 2. If the blamed does not know the Polish language, the application for punishment and adjudication subject to appeal or terminating the proceedings shall be published or delivered to the blamed with the translation.

§ 3. The following shall apply mutatis mutandis to the blamed. 72 § 1 and 2, art. 74 § 1 and 2, art. 75, art. 76 and Art. 175 of the Code of Criminal Procedure.

Article 21. [ Compulsory participation of the defender in the proceedings] § 1. In proceedings in respect of a misdemeanor, he must have a defender before a court if:

1) is deaf, mute or blind;

2) there is a reasonable doubt as to his ability to do so.

§ 2. In the case referred to in § 1 point 2, the obligation to use the assistance of the defense counsel shall cease if the court considers it a reasoned opinion of the expert psychiatrist that the act of the blame has not been committed under the conditions of exemption or significant limitation of the capacity the recognition of the meaning of the act or the direction of the conduct of its proceedings, and that the mental state of the blamed allows for participation in the proceedings and the conduct of the defence in a self-contained and reasonable manner. The court shall then release the defender of his duties.

§ 3. In the cases referred to in § 1, the participation of the defender in the hearing is obligatory, and in the sitting, if the law so provides.

§ 4. If, in the cases referred to in paragraph 1, the defender has no choice, he shall appoint a defender from the public office.

Article 22. [ Grounds for the appointment of the defence of the office] Where the good of the judiciary so requires, the defendant, who has no choice, shall be appointed by his/her public defender if he or she duly demonstrates that he is unable to bear the costs of the defence without prejudice to any serious injury to the the necessary maintenance of himself and the family. Article Recipe 78 § 2 of the Code of Criminal Procedure applies.

Article 23. [ Appointment mode of office of defence] § 1. The public defender shall be appointed by the President or the referendary of the court of justice competent to hear the case. The decision of the President on refusing to appoint a lawyer shall be entitled to a complaint to the court competent to identify the case.

§ 1a. The re-application for the designation of a defender, based on the same circumstances, shall be left unrecognizable.

§ 2. Article Recipe 81a of the Code of Criminal Procedure shall apply mutatis mutandis.

Article 24. [ Defender] § 1. The defender in cases of misconduct can be a lawyer or a lawyer.

§ 2. The provisions of Article 1 shall apply mutatis mutandis to the defender. 83-86 of the Code of Criminal Procedure.

§ 3. Whenever the provisions of the Code of Criminal Procedure are applied on the basis of art. 1 § 2 is referred to as defense counsel or lawyer, and shall be understood by that counsel as well.

Chapter 5

Urticaria, auxiliary prosecutor and proxies

Article 25. [ Disadvantaged definition] § 1. The victim is the one whose legal good has been directly violated or threatened by a misdemeanor.

§ 2. In the event of the death of the victim, the rights which he would be entitled to do may be carried out by the persons closest to him.

§ 3. For the victim of the treatment, the following shall apply mutatis mutandis. 49 § 3 and art. 51 of the Code of Criminal Procedure.

§ 4. The victim may act as a party in the capacity of a meal prosecutor next to the public prosecutor or instead of him.

§ 5. A victim who has made a notification of a wrongdoing shall be subject to the provisions of Article 4 (1). 304b of the Code of Criminal Procedure.

Article 26. [ Notice of Victims of the submission of a request for punishment] § 1. A public prosecutor shall be notified of the request to punish the victim in question, indicating the court to which the application is addressed and instructing him of the powers referred to in paragraph 3.

§ 2. (repealed).

§ 3. The victim may, within 7 days of the notification referred to in § 1, declare that he will act alongside the public prosecutor as a food prosecutor; after the expiry of that period, entitlement shall expire.

§ 4. (repealed).

§ 5. Art. 54, § 2 and Art. 56 of the Code of Criminal Procedure shall apply mutatis mutandis.

Article 27. [ The request of the victim to be punished as a prosecutor of a meal] § 1. In cases of wrongdoing at the request of the victim, the victim may be able to file a request for punishment on his own as a food prosecutor.

§ 2. In cases of misconduct other than those referred to in paragraph 1, the victim may, on his own, request to be punished as a meal prosecutor if, within one month of the notification of the offence of the authority authorised to act on such matters, he or she the nature of the public prosecutor will not be notified of the request for punishment by that authority or will receive the notification referred to in Article 4. 54 § 2.

§ 3. If the victim has filed an application for punishment, although the public prosecutor has also made such a request, the victim's application shall be treated as a statement indicated in the Article. 26 § 3.

§ 4. The President of the Court of Justice or the referendary of a court shall notify the competent public prosecutor of the application for the punishment referred to in paragraphs 1 and 2. If, within 14 days of the receipt of the notification, the prosecutor is requested to do so by the same public person, the application for punish shall be treated as the statement referred to in Article 4. 26 § 3.

§ 5. Article 55 (3) of the Code of Criminal Procedure shall apply.

Article 28. [ Withdrawal of the prosecutor's charge from the charge] § 1. Waiver of the auxiliary prosecutor referred to in Article 27 § 1 and 2, from the accusation, shall result in the remission of proceedings. An order for the remission of proceedings may also be issued by a court referendary.

§ 2. Ascension of the auxiliary prosecutor referred to in art. 26 § 3, the accusation does not include the recognition of the case. Article 57 (1) of the Code of Criminal Procedure shall apply mutatis mutandis.

Article 29. [ Independence of the victim and the prosecutor of the meal] § 1. The absence of a properly notified victim and a prosecutor for a trial or a meeting shall not be rewarded in the course of the case, unless otherwise provided by the law.

§ 2. Incession of the auxiliary prosecutor, referred to in art. 27 (1) and (2), without justification, shall be deemed to have been waived; in such a case, the court shall prosecute the proceedings.

Article 30. [ Plenipotentiary] § 1. Hives and prosecutors may benefit from the assistance of one representative. The agent may be a lawyer, a legal adviser and, in the event of the victim being a state institution, a self-governing body or a social institution, also an employee of that institution or of its parent body.

§ 2. The Plenipotentiary shall apply mutatis mutandis the provisions of Article 22 and 23 of this Code and Art. 83, 84, 86 § 2 and art. 89 of the Code of Criminal Procedure.

Article 31. [ Death of a reinforctive prosecutor] § 1. In the event of the death of the auxiliary prosecutor, referred to in art. 27 § 1 and 2, the court or referendary of the court suspends the proceedings, and the persons closest to it may enter into the law of the deceased. If, within the period of the month following the death of the prosecutor, the person entitled does not enter the right of the deceased, the court or the referendary of the court shall prosecute the proceedings.

§ 2. In the event of the death of the auxiliary prosecutor, as indicated in the article. 26 § 3, the nearest persons may proceed to the proceedings at any stage of the proceedings.

SECTION IV

Process Actions

Article 32. [ Types of Resolutions] § 1. Decisions shall be made in the form of decisions, orders or criminal mandates.

§ 2. The judgment shall be given in the form of a judgment or order. The decision shall be determined when the law does not require a judgment.

§ 3. The order shall be issued by the court, the President of the court and the authorized Judge, and in the course of the investigations, the body conducting these activities shall also be An issue that does not require a provision appears to be a provision of order.

§ 3a. The provisions and ordinances referred to in § 3 may also issue a judicial referendary when the law provides for it.

§ 4. [ 1] In the cases of persons subject to the case law of the military courts, the provision of § 3 also refers to the prosecutor for military affairs.

§ 5. The provisions of Article 4 94, 95 and 97 of the Code of Criminal Procedure shall apply mutatis mutandis.

Article 33. [ Participation of parties in the meeting] The parties may attend the meeting if the law provides for or if the President of the Tribunal or the court so govers.

Article 34. [ Grounds for judgment] The basis of the judgment may constitute only a whole of the circumstances disclosed in the proceedings which are relevant to the decision.

Article 35. [ Serving judgments and justifications] § 1. The judgment of the court of first instance shall be justified and served on the party together with the grounds on which it is based only upon request made within the time limit of 7 days from the date of its publication, unless otherwise provided by the law.

§ 2. The verdict shall be served on the office of the blamed and his defender if he has been established. The time limit for requesting the delivery of the reasons for that judgment or the translation of the reasons for the judgment given solely in the oral form shall run from the date of service of the judgment.

§ 3. A judgment delivered at a meeting shall be served on the party of its own motion when it is not in attendance; the time limit for requesting the delivery of the reasons for the judgment shall run from the date on which it was served.

Article 36. [ Justifying provisions, orders, judgments handed down as a result of recognition of the appeal] § 1. The order and order shall be justified only if it is subject to appeal. The statement of reasons shall then be made ex officious and shall be served with the decision of the persons to whom the appeal is granted, if they have not taken part in the hearing or the meeting, or were not present at the time of the announcement of the decision, unless the decision is taken, unless the decision is They have become self-wilted.

§ 2. The judgment given as a result of the examination of the remedy shall be justified by its own motion, unless the law provides otherwise.

Article 37. [ Persisting tasks] § 1. The Protocol shall be drawn up on any act which is essential for the matter, and in particular the hearing and meetings, as well as from any evidence of evidence, unless otherwise provided by the law.

§ 2. The hearing shall be drawn up:

1) a protocol that perpetuates the course of the trial by means of a sound recording device or an image and sound, and

2. written protocol.

§ 3. The persons participating in the hearing must be warned of the recording of the course of the hearing by means of the recording equipment or by the image and sound.

§ 4. The protocol referred to in paragraph 2 (1) shall be signed by an electronic signature protocol guaranteeing the identification of the person of the protokolant and the recognition of any subsequent amendment of the protocol. This protocol shall not be corrected.

§ 5. The written protocol referred to in paragraph 2 (2) shall be one-sounding with text recording and shall be drawn up by means of a communication system used to perpetuate the course of the hearing by means of a sound or sound recording device and sound and should contain:

1) the identification of the case to be recognized, the court, the time and place of the hearing and, to the extent necessary for the purposes of the proceedings or determined by the specific provisions of the persons participating in it;

(2) a reference to the publicity of the hearing and the procedure;

3) issued at the hearing of the provisions and ordinances, and if the order or order is drawn up separately-the mention of its issue;

4. lodged orally at the hearing of the complaint;

5) mention of the submission or revocation of a request for prosecution of a misdemeanor, of the prosecution's withdrawal from prosecution, of the procurator's joining the proceedings, of the submission of an application by the defendant to conviviate him in a certain manner without conducting the proceedings evidence of the conduct of the case in an expedited procedure and at the time of arrival of the person concerned, or of the withdrawal of his or her compulsory supply, of the application for an expedited request for a statement of reasons, and of the the revocation of the appeal.

§ 6. If this is necessary to ensure the correct judgment in the case, the President of the court may order the provision of a translation of the relevant part of the protocol referred to in paragraph 2 (1). The translation shall be annexed to the Protocol. The provisions of § 10 shall apply mutatis mutandis.

§ 7. If, for technical reasons, it is not possible to perpetuate the course of the trial by means of a recording device or an image and sound, only the written protocol shall be drawn up.

§ 8. The hearing protocol shall be drawn up by the staff of the Registry or by another person authorised by the President of the Court

§ 9. Furthermore, the course of action other than the settlement of the logged acts may also be recorded either by means of a sound recording device or by an image and sound, which must be prejudiced by the persons involved in the action. Such a record and its translation, if it has been made, shall be annexed to the Protocol.

§ 10. The parties and persons with a legal interest may request a rectification of the minutes of the written hearing or of the sitting, indicating inaccuracies or abandonment. The corrigenation of the protocol, after hearing the protokolant, the judge who led the action. If the course of the hearing or of the sitting has been fixed by means of a sound recording device or an image and sound, the judge shall also consult the relevant part of that recording before setting the proceedings.

§ 11. The provisions of Article 4 shall apply mutatis mutandis to the written protocol. 144 § 2 and 3, art. 146, art. 149 § 1, art. 150, art. 151, art. 153 § 3 and 4, art. 154 and Art. 155 The Code of Criminal Procedure, and in the case of:

1. a written protocol other than that referred to in paragraph 2 (2) shall apply mutatis mutandis also to the provisions of Article 4 (2) of the Rules of the European Community. 145, art. 148 § 1, 2, 3 and 4 and Art. 149 § 2 of the Code of Criminal Procedure;

(2) the minutes of the sitting or from the outside of the hearing of the evidence shall also apply also to the provision of the Article. 147 § 3 and provisions issued on the basis of art. 147 § 5 of the Code of Criminal Procedure.

§ 12. The acts which do not form a protocol and other events which are relevant to the proceedings shall be recorded in the file in the form of an official note signed by the person who carried out those acts.

§ 13. At the request of the victim or witness, the provisions of Article 1 shall apply mutatis mutandis. 148 § 2a-2c and art. 156a of the Code of Criminal Procedure, unless it impedes the proceedings or opposes the important interest of its participant. It's almost a victim of a victim and a witness to teach.

Article 37a. [ Delegation] The Minister for Justice will determine, by regulation, the types of equipment and technical means to perpetuate sound or image and sound, the manner and mode of recording of sound or image and sound recordings, the identification of persons drawing up, the use of a computerised system used to perpetuate the course of the hearing by means of a recording equipment or an image and sound for the written protocol referred to in art. Article 37 (2) (2), as well as the manner in which those records are kept and the conditions and modus of altering the technical need or the scope of the operation to which the Protocol is drawn up shall, having regard to the need to:

1) adequate protection of the recording of sound or image and sound before their loss, distortion, unauthorised access, removal or other unauthorised change, as well as the recognition of the amendment of the required technical considerations and the identification of the person carrying out these activities;

2) changes in the format of sound or image recording and sound or transfer to another IT data medium for re-reproduction of the recording;

3. to provide the possibility of using a ICT system to perpetuate the course of the hearing by means of a sound recording device or an image and sound for the written protocol referred to in art. 37 § 2 (2), in such a way that both functions of the system can be internally synchronised and that the text on the electronic medium is properly protected against loss, distortion, unauthorised access, removal or other unauthorised change;

4) to ensure that sound or image and sound recordings can be transmitted and text, which is archival materials, can be transferred to state archives in an orderly manner, as defined by the national archives and archives.

Article 37b. [ Reading the sound or image recording and sound from the hearing] § 1. Parties, defenders, proxies and legal representatives shall have the right to read the sound or image and sound of the hearing at the headquarters of the court, and the defendants deprived of liberty-in the administration of the appropriate establishment, and to the free receive from the file, by means of electronic means of communication, the sound recording of the hearing, unless only the written protocol referred to in Article 4 has been drawn up. 37 § 7. Article Recipe 156 § 4 of the Code of Criminal Procedure shall apply accordingly.

§ 2. The release on the application of the sound recording from the hearing on the computer data medium shall be made by a payment.

§ 3. The Minister of Justice shall determine by way of regulation, the manner and mode of making available to the parties, defenders, agents and representatives of the statutory recording of sound or image and sound from the hearing at the seat of the court, and to the blamed free of liberty-in the the administration of the relevant plant, and the transfer of the sound recording of the hearing from the file, as well as the amount of the sound recording fee from the hearing on the IT data medium, bearing in mind the necessity of immediate and wide, including free, access to, and access to, participants in this recording; and to obtain the sound recording of the hearing without delay, and to ensure that the amount of the fee is equivalent to the costs of the hearing.

Article 38. [ Address for service, application of the provisions of the Code of Criminal Procedure] § 1. The provisions of Article 4 (2) of the Rules of Procedure shall apply mutatis mutandis to the procedural steps carried out in the proceedings. 95, art. 100 § 1 and 8, art. 105, art. 107, art. 108, art. 116-134, art. 136-142, art. 156 § 1-5 and 6, art. 157, art. 158, art. 160-166 of the Code of Criminal Procedure, and when the court is adjudicated by one person, also the provisions of art. 109-115 of the Code of Criminal Procedure.

§ 1a. The person referred to in Article shall not be made available to the file. 4 (2), shall be entitled to a complaint to the court.

§ 2. At the first hearing and in the case referred to in Article 54 § 7, the person suspected of having committed an offence is obliged to indicate the address for service in the country; in the event of failure to do so, the letter sent at the last known address in the country or if the address is not attached, attached to the case file, shall be considered to be Served by the service of which it is to be served. This instruction shall be recorded in the protocol referred to in Article 4. 54 § 6, or in the memo indicated in art. 54 § 7.

CHAPTER V

Evidence

Chapter 6

General provisions

Article 39. [ Application of evidence, admission of evidence, primacy of evidence of explanations and testimonies] § 1. In the proceedings before the court, the evidence shall be carried out at the request of the parties and, in exceptional cases, justified by special circumstances, including from its own motion. Article 168 of the Code of Criminal Procedure shall apply.

§ 2. The application of the evidence shall apply mutatis mutandis. 169 and 170 of the Code of Criminal Procedure, and when carrying out evidence also art. 171-173 of the Code of Criminal Procedure.

§ 3. [ 2] In addition to the hearing on the admissibility of the evidence or his/her security, the President of the Tribunal, the court or body responsible for the hearing shall be resolved and, in cases of persons subject to the case law of the military courts, also the Prosecutor for Military Affairs.

§ 4. Proof of explanations or statements shall not be substituted for the content of the letters, notes or official notes, unless otherwise provided by the law.

Article 40. [ Statement of written statement] § 1. At the request of the interrogated person, the written declaration shall be taken from that person.

§ 2. In the case referred to in § 1, it should be possible for that person to make a statement in conditions preventing the agreement with other persons, and then interrogating it to clarify, supplement or clarify the circumstances contained in the a written statement. The written declaration shall be annexed to the Protocol.

§ 3. Explanations or testimonies, submitted in the form of a written statement in the proceedings before the court, shall be read.

Chapter 7

Conduct individual evidence. Search

Article 41. [ Evidence of witness testimony] § 1. [ 3] In carrying out evidence from witness statements, the provisions of Article 1 shall apply mutatis mutandis. 177, Art. 178, art. 178a, art. 182, art. 183, art. 185-190, art. 191 § 1-2 and art. 192 of the Code of Criminal Procedure.

§ 2. The persons required to keep secret information classified under the "secret" or "top secret" classification may be questioned as to the circumstances for which this obligation extends, only after the dismissal of those persons from the obligation to behave secret by the authorised supervisor.

§ 3. Persons obliged to keep secret information classified as 'restricted' or 'confidential' or a secret related to the exercise of the profession or function may refuse to testify as to the circumstances for which the obligation extends, unless that the court will release those persons from the obligation of secrecy, if the specific laws do not provide otherwise. The order of the court serves the purpose of grieging.

§ 4. However, the Tribunal may not exempt from the obligation to keep:

1) a secret related to the exercise of the profession of attorney, legal counsel, doctor or journalist;

2. statistical confidentiality.

§ 5. In the cases indicated in § 2 and 3, the court interrogates such person at the hearing excluding public disclosure. Provisions issued on the basis of art. 181 § 2 of the Code of Criminal Procedure shall apply accordingly.

Article 42. [ Proof of expert opinion] § 1. In carrying out the proof of the expert's opinion, the provisions of Article 1 shall apply mutatis mutandis. 193-201 The Code of Criminal Procedure.

§ 2. In case of reasonable doubt as to the state of the mental health of the overturned court or prosecutor acting on the basis of art. 56 § 1 appoints a proficient psychiatrist. Article Recipe 202 § 5 of the Code of Criminal Procedure shall apply accordingly.

§ 3. The provisions of Article 4 (1) shall apply mutatis mutandis to translators and specialists 204-206 of the Code of Criminal Procedure.

Article 43. [ View of the process and the trial experiment] In carrying out a visual inspection and a procedural experiment, the provisions of Article 4 (1) shall apply mutatis mutandis. 207, 208, 211 and 212 of the Code of Criminal Procedure.

Article 44. [ Searching] § 1. In order to find and retain items which are subject to visual inspection or which may constitute evidence, the Police and, in the course of the investigation, other bodies carrying them out may search the premises and other premises if there are reasonable grounds to believe that these objects or evidence are present there.

§ 2. The provision of § 1 shall apply mutatis mutandis to the search of the person, of her clothing or of textbooks.

§ 3. The search shall take place under the order of the prosecutor or the court.

§ 4. In urgent cases, if the order cannot have been previously issued, a search may be carried out without such provision, but the authority carrying out the action must then be returned immediately to the procurator of the Approve the search. At the request of the person to whom the search was carried out, the person concerned shall be served within a period of 14 days with a decision on the approval of the search. It's almost impossible to talk to that demand.

§ 5. In carrying out searches and detention of objects, the provisions of Article 1 shall apply mutatis mutandis. 217, 221-234 and 236 of the Code of Criminal Procedure.

CHAPTER VI

Coercive measures

Chapter 8

Stop

Article 45. [ Right Of Detention] § 1. The police shall have the right to detain a person in the act of committing a wrongdoing, or immediately after:

1. the grounds for applying to the accelerated procedure shall apply;

2) her identity could not be established.

§ 2. Article 243 of the Code of Criminal Procedure shall apply mutatis mutandis.

Article 46. [ Stop Mode] § 1. The detainee should be informed immediately of the reasons for the detention and of his/her entitlement and to listen to it.

§ 2. Minutes shall be drawn from the detention, the copy of which shall be served by the receipt of the receipt for receipt. The protocol shall include the name and the function of the person making the detention, the name of the detainee and, if the identity is not possible, the description of the person, and, in addition, the day, time, place and reason for the detention, The offense for which she has been detained. It is also necessary to record the statements made by the retained statement and to indicate the rights to which it is entitled.

§ 3. At the request of the detainee, he shall be notified of the detention of the person closest to him and the employer. The detention of the person indicated in the Article. 10 § 1 shall be notified without delay to the relevant commander of the military unit, even if the detention of the military unit is not requested. Article Recipe 612 § 2 of the Code of Criminal Procedure shall apply accordingly.

§ 4. The detainee should, at his request, be able to contact the lawyer in the form of contact with the lawyer and to have the opportunity to speak directly with him; the detainee may stipulate that he will be present at the office.

§ 5. You should immediately release the detainee when the reason for the stop is stopped, and the stop time.

§ 6. The time of detention of a person shall be counted from the time of its removal and shall not exceed 24 hours, or in the cases referred to in the Article. 45 § 1 points 1-48 hours.

§ 7. The Minister for Justice shall determine, by means of a regulation, the model of instruction referred to in paragraph 1, including in particular information on the withheld powers: to make a statement and refuse to make a statement. the subject of detention, to the use of free interpreters, to review the file in the scope of the reasons for detention, to access to the first medical assistance, as well as the rights indicated in § 1, 3-4 and 6, art. 47 § 1 and in art. 612 § 2 of the Code of Criminal Procedure, with a view to the necessity of understanding also by persons not using the assistance of a proxy.

Article 47. [ Complaint to stop] § 1. The detainee shall be entitled to a complaint for detention to the court. In the complaint, the detained may demand an examination of the legitimacy, legality and regularity of the detention.

2. The complaint shall be transmitted immediately to the district court of the place of detention, which shall also immediately identify them.

§ 3. In the case of recognition of complaints, the court shall apply the provisions of the Rules of procedure. 246 § 3 and 4 of the Code of Criminal Procedure.

§ 4. If the detention is deemed to be unquestionably, the wrongful detainee shall be entitled to compensation, which may be in accordance with the procedure laid down in Chapter XII of this Code.

Chapter 9

Security and seizure of items

Article 48. [ Seizure, property security, forfeiture of the object] § 1. The police and other bodies authorised to carry out the activities referred to in Chapter VII may carry out a temporary seizure of the subject if they have, in respect of their activities, have found or have disclosed an offence threatened by the forfeiture of objects, and the seizure of such is necessary to secure the execution of this forfeiture. A protocol shall be drawn up from the activities.

2. A temporary seizure shall be taken if, within 7 days from the date of its filing, no freezing order or forfeiture decision is issued. The order of security shall be issued by the court with jurisdiction to hear the case; it shall be served without delay to the person in whom the seizure was made.

§ 3. The security may also be lodged under the order of the court after the opening of the proceedings in respect of a misdemetable case where no provisional seizure has been made. This provision shall be carried out by the Police, using appropriate provisions on the search and delivery of the order to the person in whom he or she is taking classes.

§ 4. The provisions referred to in paragraphs 2 and 3 shall be entitled to a complaint to the person whose rights have been infringed.

§ 5. In carrying out the activities referred to in paragraphs 1 to 3, the provisions of Article 3 shall apply mutatis mutandis. 44.

§ 6. The security of the property shall be dislodged if no forfeiture of the objects is valid.

Chapter 10

Ordinal penalties and other coercive measures

Article 49. [ Ordinal penalty, disciplinary responsibility] § 1. A witness, expert, translator or specialist who, without justification, did not appear on the invitation of the authorized body, or without the authorisation of that authority, either expelled himself from the place of action before the end of the action or refused to do so without any reason. the submission of testimony, the performance of the expert's task, the translator or the specialist, may be imposed a order penalty of between 50 and 1000 zlotys, and in the event of a renewed failure to apply for a summons from 100 to 1500 zlotys.

§ 2. The provision of Article 1 shall also apply to a person who, being obliged to show or to issue an object of visual inspection or proof of material, has refused to show his or her presentation or issue; this does not apply to the person who is entitled to refuse to give evidence.

§ 3. The penalty imposed should be waived if the person punished within 7 days of the date of service or the announcement of the order in which the order is imposed on the imposition of the order of order justifies his or her failure to do so, the arbitrary dismissal, refusal to give evidence, or the implementation of any other obligation referred to in § 1 or 2.

§ 4. In case of failure to fulfil the obligations set out in § 1 or 2 by a soldier in active military service, the court shall act to the commander of the military unit in which the soldier is fully servient, to hold him to disciplinary responsibility.

§ 5. § 4 is used, for example, for the misconduct which the soldier had committed before joining the army, he had previously been ordered to be punitive, but had not been executed until that time.

Article 50. [ Forced led by the Police, taking away the object of the visual inspection] § 1. In the event of failure of the witness to be summated without justification, it may, notwithstanding the imposition of the order of order, order the witness to stop and compulsure the police to bring him to death. Detention and compulsory enforcement may also be managed by a person interrogated in accordance with the procedure laid down in Article 4. 54 § 6, if it did not appear on the call of the investigating authority without justification. Article Recipe 47 shall apply mutatis mutandis, except that the complaint to detention shall be recognized by the district court of the place of conduct of the proceedings or of the investigations in respect of which the detention was ordered for the purpose of forcitation. The detention may take place for the time necessary for the implementation of the order to bring about the supply.

§ 2. In the event of an unjustified refusal to show or to issue an object of visual inspection or proof of material, it may be ordered to be received by the Police.

Article 51. [ Bodies implementing coercive measures, application of enforcement proceedings in the administration] § 1. Coercive measures as referred to in Article 49 and 50, shall apply the court competent to hear the case and, in the course of the proceedings, also to clarify the prosecutor if he or she conducts these steps. In the course of the fact-finding activities carried out by a body other than the prosecutor, the coercive measures referred to in art. 50 § 1, shall apply the competent court for the examination of the case at the request of the body carrying out those acts, and the other coercive measures, the body making the investigation.

Article 2 (2) (a) of Article 2 (2) of the Regulation 49 (1) and (2) shall be repealed by the court or body concerned, as the case may be, by the authority which imposed the penalty.

§ 3. The order refusing to waiver the order shall be entitled to a complaint being punished; if the order has been issued in the course of an investigation, the complaint shall be recognised by the court competent to hear the case.

§ 4. The ordinal penalties imposed in the course of the explanatory actions shall be brought under the enforcement of enforcement proceedings in the administration. These penalties constitute the revenue of the State budget.

Article 52. (repealed).

Article 53. [ Determination of whereabouts of the suspected person] If the whereabouts of a person suspected of committing a misdemeanor is not known, the court may order the determination of the place of her stay by the Police. The police shall also determine the whereabouts of their own initiative or at the request of the body making the explanatory action.

CHAPTER VII

Explanatory notes

Article 54. [ Purpose of the Explanatory Action] § 1. In order to determine whether there are grounds for a request to punish and collect the data necessary for such a request, the police shall, on the other, carry out an investigation procedure. These operations shall, as far as possible, be taken at the place where the act is committed immediately after disclosure. They should be completed within a month of taking them.

§ 2. If the Explanatory Actions have not provided the basis for a request for punishment, the persons concerned shall be notified and the person referred to in Article 4 (1) shall be notified to the public. 56a, indicating the reason for the failure to apply for punishment. By notifying the victim, he shall also be instructed about the law referred to in Article 4. 27 § 2, and the possibility of familiarizing with the evidence obtained in the course of the explanatory acts and the preparation of the copies and copies. At the request of the victim or his representative, copies and certified copies of these materials shall be issued for payment; the provisions issued on the basis of the Article shall be applied to the repayments for the issue of copies and certified copies. 156 § 6 of the Code of Criminal Procedure.

§ 3. If the circumstances of the act are not in doubt, the fixing of the explanatory note may be limited to the drawing up of the official note containing the arrangements necessary for drawing up the application for punishment. The memo should contain an indication of the type of activity, time and place and persons involved, as well as a brief description of the course of the activity and the signature of the person who prepared the memo.

§ 4. Where the circumstances of the action raise doubts, the purpose of the objective referred to in paragraph 1 may, ex officio or at the request of the victim or of the person referred to in paragraphs 5 and 6, carry out the appropriate proof. Such an action shall be recorded in the form of a protocol.

§ 5. The provisions of Article 4 (1) shall apply mutatis mutandis to the person suspected of committing an offence. 74 § 3 and art. 308 § 1 of the Code of Criminal Procedure.

§ 6. The person in respect of whom there is a reasonable basis for drawing up an application for punishment must be heard without delay. Such a person shall have the right to refuse to make an explanation and to submit a request for evidence as to which he or she should be instructed. The hearing of that person shall begin by notifying her of the contents of the plea in the minutes of the hearing; the second sentence of the second sentence of Paragraph 4 shall apply.

§ 6a. A person interrogated in accordance with § 6 shall be required to inform the investigating authority of any change in his place of residence or stay lasting more than 7 days and to appear on the request of that authority under the rigorous to stop and compulsorily bring it to the hearing, recording this in the minutes of the action.

§ 7. The hearing of the person referred to in § 6 may be waiving if it is combined with significant difficulties; the person may submit an explanation to the competent authority within 7 days of the withdrawal of the hearing, of which it is appropriate to instruct it. The withdrawal of the hearing and the instruction shall be documented in the official memo.

§ 8. Article Recipe 213 § 1 of the Code of Criminal Procedure shall apply accordingly.

§ 9. Within the framework of an investigation, the investigating authority may, on the initiative or with the consent of the person referred to in § 6 and the victim, refer the matter to the institution or person empowered to mediate the matter. Article Recipe 23a of the Code of Criminal Procedure shall apply mutatis mutandis.

Article 55. [ Addendum or review of the facts given in the request for punishment] § 1. The investigations shall also be carried out in order to supplement or verify the facts given in the application for punishment in the case referred to in Article 4. 60 § 1 point 6.

§ 2. The tasks indicated in § 1 must be carried out within the time limits and within the scope of the court order, unless the circumstances requiring the fixation of evidence, which cannot be repeated before the court, are brought to light in the course of the exercise of those activities, or to find and stop the object.

§ 3. In the event of questioning within the activities referred to in paragraph 1 of the sanction referred to in the application for punishment, the provisions of Article 1 shall be made. 54 § 6 shall apply mutatis mutandis.

Article 56. [ Eligibility for the conduct of the explanatory acts, supervision] § 1. The explanatory acts referred to in Article 54, may also carry out a prosecutor or order them to the Police.

§ 2. Rules of Art. 54 and 55 shall apply mutatis mutandis to the bodies referred to in the Article. 17 § 2 and 3, within the limits of their jurisdiction, as well as to other bodies, when the law states so.

§ 3. Institutions to which the powers of the public prosecutor have been granted by means of the Regulation referred to in Article 17 § 4, may, in the case in which the offence has been disclosed, ask the Police to carry out the clarifying steps to the extent necessary to determine whether there are grounds for a request for punishment and to collect the necessary data to draw up an application for punishment.

§ 4. The overseeing of the explanatory tasks shall be exercised by the parent body of the body conducting these operations

Article 56a. [ The complaint against the failure to submit a request for punish] If the circumstances referred to in Article 4 do not exist. 27, the person who made the notification of the offence shall be entitled to a complaint to the parent body not to submit a request for punishment.

CHAPTER VIII

Common procedure

Chapter 11

Initiation of proceedings. Rule before hearing

Article 57. [ Application for punishing] § 1. The grounds for initiating the procedure shall constitute a request for punishment by the authority empowered to act as a public prosecutor in the case in question and, in the cases referred to in Article 4, to be punished by the competent authority. 27 (1) and (2) shall also apply to the application by the victim.

§ 2. The application for punishment should contain:

1) the name and address of the blamed, as well as other data necessary for the establishment of his identity;

2) the determination of the alleged blamed act with an indication of the place, time, manner and circumstances of its committing;

3) an indication of evidence;

4. the name and signature of the drawing-up, and the address where the request originates from the victim.

§ 3. The application for a penalty filed by a public prosecutor should, moreover, include an indication of:

1) the provisions under which the alleged act of the subpada;

2) the place of employment of the blamed and, as far as possible, the data on its material, family and personal conditions;

(3) disadvantaged, if such disclosure is disclosed;

4) the amount of damage done;

5) the position of the person drawing up the application;

6) the court competent to recognize the case;

7) data relating to the prior conviction of a similar offence or misdemeanor if the prosecutor invokes this circumstance.

§ 4. The public prosecutor's request shall include the material of the explanatory action or of the preparatory proceedings, as well as the court's message, the addresses of the witnesses and the victims, and one signature of the application for each of the persons in the case of the case.

§ 5. In the event of an application for punishment by the victim, the President of the court shall send the public prosecutor to the public notice referred to in Article 4. 27 § 4, at the same time, calls upon him to submit within 7 days of the evidence in the event of failure to submit an application for punishment, if an investigation or investigation has been carried out or to make a statement about the absence of such evidence. material.

Article 58. [ Application for conviction of the accused for the alleged act without a trial] § 1. The public prosecutor may, with the consent of the defendant, previously interviewed in the course of the investigations in accordance with the provisions of Article 4 (1) of the procedure 54 § 6, put in motion to punish the conviction of the accused for his alleged act without trial or penalty of a specific penalty or a criminal measure, or to waiver the punishment or the criminal measure.

§ 2. The application for conviction referred to in § 1 is possible only if, in the light of the evidence gathered, the explanations of the blame and the circumstances of the offence do not raise doubts, and the objectives of the proceedings will be achieved despite the fact that the non-execution.

§ 3. The application for a conviction may, if it is not applicable to a request for a conviction, request a conviction or a request for a conviction to be convicted in a certain manner without a hearing.

Article 59. [ The reimbursement of the request to remedy the deficiencies, the initiation of proceedings, refusal to initiate the procedure] § 1. If the application for punishment does not comply with the formal conditions laid down in the Article 57 § 2-4, the president of the court returns the application in order to remedy the deficiencies within 7 days.

(2) If the application for punishment corresponds to the formal conditions, the President of the Tribunal shall, when initiating the procedure, refer the case to the hearing at the hearing or at the sitting or, if the circumstances so disregarding the proceedings, or indicated in art. 61 § 1-ruling by one person, refuses to initiate proceedings. The refusal to initiate proceedings shall serve as a complaint to the person who has made a notification of a misdemeanor to the victim and to the authority who has lodged the application for punishment.

§ 3. In the event of an application for punishment by the accuser of a meal, the opening shall be settled after the public prosecutor has forwarded the evidence or the declaration referred to in Article 4. 57 § 5.

Article 60. [ The referral of the case to the sitting] § 1. After the initiation of the proceedings, the President of the Tribunal shall refer the case to the sitting if:

1) the public prosecutor has requested the conviction of the blamed without carrying out the trial;

2) blamed, after having called him for a trial or a notice of its date, requested sentencing without carrying out the hearing;

3) were identified prior to the trial of the circumstances excluding the proceedings;

4) there is a need to issue a provision on the incompetence of the court

5) there is a need to cancel the proceedings because of the obvious lack of grounds for blaming;

6) in a case in which a request for punishment has been made by a meal prosecutor, it is necessary to instruct the Police or any other body to carry out certain evidence of evidence;

7) there is a possibility of issuing a judgment of the order;

8) there is a need to issue another resolution exceeding the powers of the President.

§ 2. The parties and their procedural representatives shall be notified of the date of the meeting in the cases referred to in paragraph 1, points 1, 2, 3 and 5. The absence of a properly notified person shall not be in the process of taming the proceedings. Participation of the defender referred to in art. 21 § 1, however, is mandatory in the meeting set out in § 1 (1) and (2).

§ 3. In the case referred to in paragraph 1 (2), the President of the Tribunal may order the application to be recognised at the hearing if it accelerates the course of the proceedings. This request shall be recognised before the start of the judicial cable.

§ 4. In the subsequent proceedings, the court is not bound by the factual or legal assessment adopted as the basis for the decisions given in accordance with the procedure laid down in § 1-3.

Article 61. [ Grounds for refusal of opening and remission of proceedings] § 1. The opening of proceedings may be refused and remitted, including where:

1) in the case of the same act, as having at the same time the marks of a criminal offence and misconduct, the criminal proceedings have already been legally terminated by the conviction or the criminal prosecution of the public prosecution is pending;

(2) the measure has been applied to the perpetrator in the form of an instruction, attention or warning, or a measure provided for in the provisions on disciplinary or ordinal responsibility, and that measure is a sufficient response to a misdemeus.

§ 2. In order to discontinue the proceedings for the reasons indicated in § 1, the complaint shall be entitled to a complaint.

§ 3. In the case of a misconduct in which proceedings have been refused or are remitted, proceedings may be taken within three months of the decision on the offence, if the judgment has been acquitted of the defendant or the defendant has been acquitted. the proceedings, and has not yet ceased to be punishable by misconduct.

Article 62. [ Taking into account of the office of circumstances excluding the judgment] § 1. Circumstances which exclude a judgment pursuant to this Code shall be taken into account at any stage of the proceedings.

§ 2. Where the circumstances of the exclusive judgment have been established after the opening of the procedure, the court shall issue an order for its remission and, if the court of justice has already begun, the judgment of the remission of the proceedings, with the exception of the conditions laid down in paragraph 3. A waiver shall be entitled to a waiver order.

§ 3. If the circumstances referred to in Article 4 are identified. 5 § 1 paragraphs 1 and 2, after the beginning of the court wire, the court shall issue an acquittal sentence, unless the perpetrator was at the time of the unrest act.

Article 63. [ To take into account the request of the public prosecutor to conviviate the defendant for his alleged act without a trial] § 1. Having regard to the request of the public prosecutor referred to in Article 58 § 1, the court recognizes as disclosed the evidence attached to the application for punishment.

The Court of First Instance may make the application to be taken into account in respect of the amendments which it has made. An application with amendments may not be taken into account if the amendments to those notified have been duly notified and shall be subject to objection within the time limit laid down by the court.

§ 3. The application may not be taken into consideration if, within a period to be determined by the court, he raises an objection to the victim, who has already submitted a declaration of attachment to the proceedings as a prosecutor of the meal.

§ 4. The court shall, having regard to the application, condemns the judgment.

§ 5. If the court considers that there are no grounds for taking account of the application, the case shall be subject to recognition on a general basis.

Article 64. [ Recognition of the application blamed for sentencing him without a hearing] § 1. In the recognition of an application blamed for sentencing him in a certain manner without carrying out the hearing, the court shall apply in accordance with Article 4 (1) (d) of the Rules of procedure of the Court 63.

The Tribunal may take into account the application referred to in paragraph 1 if it has not objected to it by a public prosecutor, as well as a food prosecutor, where he or she is present in the case and only if the circumstances of the act and the explanation of the accused are in the light of the evidence disclosed, do not raise any doubts.

§ 3. If he has not been questioned in the course of the investigations, the court shall hear him at the meeting unless he or she has not held the hearing, or has sent his explanations in writing in accordance with the procedure laid down in Article 4 (1). 67 § 3.

§ 4. The absence of a prosecutor's position on the opposition referred to in paragraph 2 shall not prevent the application from being taken into account if the prosecutor correctly informed of the date of the meeting did not appear without justification.

Chapter 12

Preparation for the hearing

Article 65. [ Notice of the place and date of the hearing, a call blamed for personal environ] § 1. The President of the Tribunal shall, in the direction of the trial, manage the notification of the place and the date of the prosecutor, the victim and the defender and the defender and the attorney when they are established; he shall also arrange for the hearing of witnesses and the bringing of the prosecution. other evidence.

§ 2. The public notice shall be notified of the hearing and the meeting by providing it with a list of the cases to be identified on the day in question.

§ 3. If the President of the court or court considers the participation blamed on the trial to be necessary, managing the notice of the place and time, he shall at the same time manage the call of the person blamed for his personal appointment, under the rigorously of the forced lead. This provision shall apply mutatis mutandis to meetings.

Article 66. [ Exclusion of coercive measures, communication via the Minister of Justice] § 1. Persons referred to in Article 5 § 1 point 6 lit. a-e is not required to testify as a witness or to act as a expert, however, it may be requested that those persons express their consent to the submission of evidence or to speak as an expert. In the event of consent, the calls for such persons shall not contain the risk of coercive measures and, in the event of a failure to make a call or to refuse to give evidence, those measures may not be applied to them.

§ 2. To the persons referred to in art. 5 § 1 point 6 lit. (f) § 1 shall apply mutatis mutandis where the circumstances in which the statements or opinions are to be concerned are related to the performance of official or service functions.

§ 3. To the persons referred to in paragraphs 1 and 2, the provisions of Article 1 5 (2) and (3) shall apply mutatis mutandis.

§ 4. With the persons referred to in paragraphs 1 and 2, the bodies conducting the proceedings shall communicate in all cases, including the service of pleadings, through the Minister of Justice, and, where necessary, by the Minister for the General Court, Minister for Foreign Affairs [ 4] Article Recipe 613 § 2 of the Code of Criminal Procedure applies.

Article 67. [ Notice of the hearing of the date of first hearing or of the meeting] § 1. By notifying the date of the first hearing or the meeting referred to in Article 4, the date of the first hearing or the meeting referred to in Article 60 § 1 point 1, shall be attached to the notification of a copy of the application for punishment.

§ 2. The notice blamed on the date of the first hearing should include an instructing that it may bring witness to the hearing and provide other evidence of its defence or indicate it to the court at such time that the evidence may be carried out at the hearing, but not later than 7 days after the notification of the notification, and of the right of his right to refuse to explain or to answer the question and to use the assistance of the defender and of the law Review the case file, as well as the obligation to notify the court of any change of residence or residence for more than 7 days and, in the event of a stay abroad, the need for an address in the country of address for service and the consequences of failure to fulfil these obligations. The notice shall be communicated to the person concerned about his or her right to request the application referred to in Article 4. 58 § 3. The notice or call should also include the instruction that the hearing may be carried out in the absence of the person blamed as absentia, and the instruction of the possibility of a forced discharge of a trial.

§ 3. The notice addressed to the blamed, whose attendance at the hearing is not deemed to be compulsory, should include the instructing that he may not appear to the court to send his or her explanations. These explanations are read at the hearing. The hearing is then of an enchanted nature.

§ 4. In the notice addressed to the auxiliary prosecutor it is necessary to instruct him of the obligation to notify the court of change of residence and to provide an address for service during the stay abroad and the consequences of failure to comply with this obligation, and in a communication addressed to the victim-of the powers referred to in Article 26 § 3.

§ 5. The Tribunal may, in recognition of the presence of the trial, blamed for a compulsory trial, despite the fact that it is not mandatory, to call for the court to be blamed for this purpose, and to give a hearing.

§ 6. The Minister for Justice shall determine, by means of a regulation, the model of instruction referred to in paragraph 2, including information relating to the rights and obligations of the proceedings in respect of offences, including the powers referred to in § 1 and in the art. 20 § 2 and art. 22, with a view to the necessity of an understanding also by persons who do not use the assistance of a proxy.

Article 68. [ Hearing by the court on whose territory the blamed or witness is living] § 1. If the person concerned or the witness lives outside the place where the competent court is situated, the President of the court or the court may ask the court in whose territory the persons concerned live to be heard of them as to the circumstances indicated.

§ 2. Paragraph 1 shall apply mutatis mutandis to a person who is blamed or who is deprived of his liberty.

Article 69. [ Application of provisions of the Code of Criminal Procedure] In preparation for the hearing, the provisions of Article 1 shall apply mutatis mutandis. 348, 349, 350, 352 and 353 of the Code of Criminal Procedure.

Chapter 13

Hearing

Article 70. [ Oral and publicity of the hearing] § 1. The hearing takes place verbally and openly.

(2) The Court of First Instance excludes all or part of the hearing, if the public could offend the good mores, create a disturbance of public tranquility or where an important private interest calls for it. The court shall exclude the public in whole or in part of the hearing, including when the law so provides.

§ 3. In the event of exclusion, the public may be present at the hearing, other than those involved in the proceedings, on the one person designated by each party, unless there is a concern to disclose classified information classified as 'secret' or ' strictly secret ". The court may allow individuals to be present at the trial conducted with the exception of public disclosure.

§ 4. The resolution shall be published explicitly. If the publicity of the hearing is excluded in whole or in part, the oral application of the motifs may also be provided with the exception of disclosure.

§ 5. The provisions of Article 4 357, 358, 362, 363, 366 and 367 of the Code of Criminal Procedure shall apply mutatis mutandis.

Article 71. [ The effects of the absence of participants at the hearing] § 1. The hearing starts a case call. The court then checks whether all the calls made and notified of the date of the hearing have appeared and whether there are no obstacles to the case.

§ 2. If the public prosecutor, the prosecutor of the meal, the victim or the defendant has not appeared on trial and there is no evidence in the file of the case, the trial shall be postponed, the court may, if he/she deems it to be intentional, carry out the evidence and, in particular, interrogation of the witnesses who have appeared in the hearing. At the next hearing, such evidence shall only be carried out again if requested by the party not present at the previous hearing, unless it has been duly notified of its due date.

§ 3. The provision of § 2 shall apply mutatis mutandis in the event of failure to properly inform the defender when his/her residency is mandatory.

§ 4. In the event of an unjustified absent-office absence, the hearing shall be carried out in absentia, even if it has not been heard in the course of the investigations, unless the court considers the participation necessary to be necessary and the hearing shall be postponed, after any evidence has been carried out, in particular after the hearing of the witnesses who have appeared in the hearing. However, if the presence of the obvited is necessary, and he has not resisted without justification, the court may order his detention and forcible lead by the Police.

§ 5. In the event of an justified failure of the case to which the summacy has been served, § 2 shall apply mutatis mutandis.

Article 72. [ Start of the Judicial Cable] § 1. The judicial cable starts with the reading of the application to punish.

§ 2. The application for punishment shall be read by the public prosecutor if he/she takes part in the trial and in any other case of the protokolant.

§ 3. If the blamed admits the guilt, and his explanations do not cast doubt, no further evidence may be carried out, in the event that none of the present parties oppose it.

Article 73. [ The request for conviction in a certain manner without any evidence to be carried out] Until the end of the first hearing at the hearing, the blamed may request that he be convicted in a certain manner without any evidence being carried out. When this application is identified, the application shall apply mutatis mutandis. 64.

Article 74. [ Reading previously complex explanations of the blamed] § 1. If the blamed refuses to be heard or explains to the contrary, or declares that certain circumstances do not recall, it shall be allowed to read in an appropriate manner its explanations previously submitted in accordance with the provisions of Article 4 (1). 54 (6) or (7), as well as his explanations of the nature of the accused or accused person of the court in that case or other case or other proceedings provided by the law. After reading the minutes, the court calls on the present one to speak on the contents of the protocol and to explain the contradictions.

§ 2. On the oral hearing submitted previously by the overturned explanation, the explanations shall be read.

Article 75. [ Reading witness testimonies] § 1. Article Recipe 74 § 1 shall apply, as appropriate, to a witness who is unjustly refusing to give evidence, testifying differently than previously or declares that certain circumstances do not remember.

§ 2. The minutes of witness statements may also be read at the trial if the direct carrying out of the evidence is impossible or difficult to carry out.

§ 3. The protocols referred to in § 2 may be deemed to be disclosed without reading. It should be read, however, if any of the current parties are requested to do so.

§ 4. The records of witness statements may also be read when a direct hearing of a witness at the hearing is not necessary if none of the present parties opposes it; the opposition of the party to whom the testimony does not apply does not stand in the way of the witness Read the logs. The provisions of § 3 shall apply mutatis mutandis.

§ 5. In the cases referred to in paragraphs 1 and 2, the minutes of explanations given previously by a witness in the nature of the accused or accused may also be read.

Article 75a. [ Restoration of explanations or testimonies persisted at the hearing] The retrieval of explanations or testimony at the hearing is considered to be the reproduction of explanations or testimonies perpetuated at the hearing by means of a sound recording device or by an image and sound.

Article 76. [ Reading other protocols, documents, memos] § 1. The court may read on the trial the minutes of the visual inspection, the search, seizure, detention of objects, opinions, the official notes referred to in art. 37 § 2, as well as other documents in the case file or submitted by the parties; may be considered as disclosed without reading if none of the present parties opposes it. The opposition of the party to whom the evidence or documents are not relevant does not prevent them from being considered as having been disclosed without reading.

§ 2. Paragraph 1 shall also apply to the official notes referred to in Article 1. 54 § 3, except that, at the request of the party, the court carries out on trial the evidence to which the memo refers, unless it states the circumstances, which he has not denied in his explanation.

Article 77. [ Asking questions] The blamed, witnesses and experts of both the court and the parties shall ask the questions directly, unless the court governs otherwise. The Tribunal shall abrogate the questions which are irrelevant to the case or suggest the contents of the reply or which, for other reasons, deem it inappropriate

Article 78. [ Effects of the termination of a collar/defensive ratio] If, after the beginning of the hearing, the defender has pronged a defence in a case in which the defender does not have to have a defence, the court shall, on a reasoned request by the blamed, draw the time limit for the establishment of a new defender and, if necessary, a hearing is interrupted or postpone while taking a decision at the same time as to whether the current defender may, without prejudice to the rights of the defence, fulfil his duties until such time as a new defender has taken up the defence. After the expiry of that time limit, the hearing may be carried out without the participation of the defender. In cases where the blamed must have a defender or use the public defender, art. 378 of the Code of Criminal Procedure shall apply mutatis mutandis.

Article 79. [ Interruption, deferral deferral] § 1. The court may order a break in the trial in order to bring the blamed, to bring proof, for rest or for another important cause. Any break shall not take longer than 21 days; if that time limit is exceeded, the hearing shall be deemed to be postponed.

§ 2. By managing the break, the time and place of the further trial shall be marked, and the persons present at the trial shall be informed of the obligation to present without a summons and the consequences of the unjustified failure of the irresidenceof the case.

§ 3. The court will postpone the trial when the law so provides, and when the interruption of the interruption would not be sufficient. In the event of a deferral of the hearing for a given period, the provision of § 2 shall apply accordingly.

Article 80. [ Continuation of the break or deferred trial] The discontinuance or postponement shall continue to be carried out, although the composition of the court has changed, unless the court of first hearing after hearing the parties is otherwise decided.

Article 81. [ Application of provisions of the Code of Criminal Procedure] When carrying out the hearing, the provisions of Article 1 shall apply mutatis mutandis. 369, art. 371, art. 372, art. 374 § 2, art. 375-377, art. 379, art. 384, art. 386, art. 395, art. 396, art. 399, art. 405 and Art. 406 of the Code of Criminal Procedure.

Article 82. [ Preparation of the judgment, advance of the period of detention, immediate enforceability of the sentence] § 1. After hearing the votes of the parties, the court shall make a written judgment. The provisions of Article 4 409-411, 413 § 1, art. 418 § 1 and 3, art. 418a, art. 419, 422-424 of the Code of Criminal Procedure shall apply mutatis mutandis.

§ 2. The conviction should also include:

1) the precise determination of the assigned blamed act and its legal qualification;

2. settlement of penalties and punitive measures and, if necessary, an advance towards the prohibition on driving a period of detention of a document stating the right to exercise them and the advance of the period of detention for the purpose of the retention of the the detention or fine.

§ 3. The period of detention shall be counted against the arrest penalty and the sentence of restriction of liberty by taking one day of detention, with rounding to the full day, for an equivalent sentence of one day and two days of the sentence of restriction of liberty, and a fine-assuming an equivalent fine of 200 PLN.

§ 4. If a person temporarily residing in the territory of the Republic of Poland is blamed or does not have his permanent residence or habitual residence, the immediate enforceability of the conviction may be enforceable where there is a legitimate grounds for the fear that its execution will be impossible or significantly impeded. Such a judgment shall be enforced upon issue.

§ 5. In the case referred to in § 4, the court:

1) against a person temporarily staying in the territory of the Republic of Poland manages the detention of her passport or other document entitling to cross the border, on time to appear for the execution of the sentence or payment of a fine within the period of 3 days, following the execution of a replacement detention order, which, in the event of failure to pay the fine by the date of the decision, applying the provisions of point 3, respectively;

2) against a person without a permanent place of residence or stay in the territory of the Republic of Poland, sentenced to the sentence of detention, manages the immediate embedding of her in the detention facility;

3) against the person referred to in point 2, sentenced to fine, adjudication of the arrest penalty, taking 1 day of arrest for an equivalent fine from 20 PLN to 150 PLN, with the substitute penalty not allowed to exceed 30 days in prison; he also manages, on failure to pay a fine within 3 days, immediate execution of a replacement penalty.

§ 6. If the course of the hearing is recorded by means of a recording equipment or an image and sound, the statement of reasons for the judgment may be provided solely in the oral form, immediately after the judgment has been delivered. Article Article 92 § 1 point 5 as well as the provisions of art. 418 § 3, art. 422 and Art. 423 of the Code of Criminal Procedure does not apply. Before presenting the reasons for the judgment in oral form, the parties should be warned about this.

§ 7. In the case referred to in § 6, within a period of time, less than 7 days from the date of delivery of the judgment, the party may make a written request for the drawing up and service of the translation of the reasons for the judgment presented in oral form. For a defendants who are not free, who are not defenders and who have not been present at the time of announcing the judgment or the presentation of oral reasons, the time limit shall run from the date of service of the judgment. The President of the Tribunal shall refuse to accept an application submitted by an unauthorised person or after the date of time; the President shall be entitled to a complaint to the President. Article Recipe 423 § 2 of the Code of Criminal Procedure shall apply accordingly.

Article 83. [ Closure of proceedings in the event of failure to comply with the judgment of the judgment of the Court of the General Court] In the event of failure to comply with the judgment under appeal, within three months of the day of issue, the court may cancel the proceedings if the time limit for the limitation of the criminal offence has expired.

Article 84. [ Resolutions at the meeting] § 1. Where the judgment has not been resolved or has been resolved with regard to penalties or criminal measures, the periods referred to in Article 4 shall be taken into account. Article 82 (2) (2), or in respect of the evidence in kind, shall be determined by the court in its decision at the meeting.

§ 2. The order referred to in § 1 shall be entitled to a complaint. In the event of an appeal, the complaint shall be recognised in conjunction with the appeal by the competent court of appeal.

Chapter 14

Proceedings in cases of persons subject to the case-law of the military courts

Article 85. [ Initiation of proceedings before the military court] § 1. [ 5] In the case before the military court, the basis for the opening of proceedings shall constitute a request for punishment, drawn up or approved by the procurator for military affairs.

§ 2. Military Gendarmerie, in relation to the person indicated in Art. 10 § 1, which committed an offence governed by the case law of the military courts, shall enjoy the powers and duties of the Police Process arising from this Code.

§ 3. The right to stop the person indicated in the Article. 10 § 1 shall also be entitled to military order authorities and to the military manager.

§ 4. Forced bringing of the person referred to in art. 10 § 1 if the case is referred to in Article 50 § 1, art. 53, art. 71 § 4, shall be carried out by the competent military authorities, unless the valid reasons are in the way of the obstacle.

Article 86. [ Notice of the Prosecutor for Military Affairs] § 1. [ 6] A person who has been committed by the person referred to in Article 10 § 1 of the offences under the case-law of the military courts, including the refusal to accept a criminal mandate or failure to pay within the period of a fine imposed by a judicial mandate, shall be notified to the prosecutor for military affairs.

§ 2. The initiation of proceedings against a soldier shall be notified to the competent commander of the military unit.

§ 3. In relation to the persons referred to in Article 10 § 1 point 2, the Article shall apply mutatis mutandis. 649 of the Code of Criminal Procedure.

Art. 86a. [ Prosecution of a misdemeanor committed by a soldier] § 1. Prosecution of a misdemeanor committed by a soldier referred to in art. 10 § 1 point 1, follows the request of the commander of the military unit or the manager of the civil institution in which the soldier is serving the military service, subject to § 3 and 4.

§ 2. In the event of a waiver of a request for the prosecution of an offence, the commander or the manager of the civil institution shall initiate disciplinary proceedings against the perpetrators of that act, or shall issue an order for disciplinary action, or shall be present in the case of a criminal offence a request in this case to another disciplinary supervisor.

§ 3. In the event of a soldier committing an offence for which he or she may be ordered or punishable by a prohibition on driving, forfeiture of objects or litigations, disciplinary action shall not be initiated and the provision of Article 4 (1) shall apply. 86 § 1.

§ 4. During the course of the military service after the announcement of the mobilization, in the emergency states, during the war, and during the performance of the official tasks in the war zone and in the event of the use of the Armed Forces of the Republic of Poland beyond borders of the State, participation in humanitarian, search or rescue activities, as well as in the conditions referred to in Article 10 § 1 point 1 (c), in relation to a soldier who has committed an offence, shall only apply § 2.

Article 87. [ Refusal to initiate proceedings, remission of proceedings, handing over of the case to the commander] § 1. The military court may refuse to initiate proceedings and the initiation of the remission and the case shall be notified to the competent commander for the purpose of the execution of a penalty provided for in the military's disciplinary rules, if it considers this to be a sufficient response to a misdemeanor.

§ 2. The order indicated in § 1 shall be entitled to a complaint.

§ 3. [ 7] Before submitting an application to punish the transfer of the case referred to in paragraph 1, the prosecutor shall be entitled to military affairs. A complaint against the prosecutor's order recognizes the military garrison court.

Article 88. [ Use by hives from the rights of a meal prosecutor] The victims of the trial may be exercised only in the situations referred to in Article 4 before the military court of the court of justice. 26 § 3 and art. 27 § 2.

CHAPTER IX

Special proceedings

Chapter 15

Accelerated procedure

Article 89. [ Application of rules on ordinary proceedings] In the accelerated procedure, provisions on ordinary proceedings shall apply where the provisions of this Chapter do not provide otherwise.

Article 90. [ Application of accelerated procedure] § 1. The accelerated procedure shall apply to persons who are not domiciled or habitual where there is a legitimate concern that it will be impossible or significantly impeded to identify cases in the ordinary course of procedure.

§ 2. The expedited procedure shall also apply to persons staying only temporarily in the territory of the Republic of Poland, if there is a reasonable concern that the diagnosis of the case in the ordinary proceedings will be impossible or significantly obstructed.

§ 3. The expedited procedure shall also apply to perpetrators of offences committed in connection with a mass event, as defined in the rules on the security of mass events:

1) against the order and the public peace, as defined in art. 50, art. 50a, art. 51 and Art. 52a of the Code of Offences;

2) against the property and public-use devices, as defined in Art. 124 and 143 of the Code of Offences.

§ 4. The accelerated procedure shall also be applied when the Act provides for such a procedure.

§ 5. The accelerated procedure shall not apply to persons subject to the case-law of the military courts.

Article 91. [ Accelerated proceedings against the perpetrator of the redeeming act or immediately after the offense of the offence] § 1. In the cases referred to in Article 90, in an expedited procedure, only if the offender was placed in the act in the act or immediately after the offence was committed, and immediately brought him to the court.

§ 2. Police or any other body to which specific laws entrust tasks in the protection of order or public security, in the event of capture in the act or immediately afterwards the perpetrators of the offense referred to in art. 90, he can stop him and bring him to court.

§ 2a. The authority referred to in paragraph 2 may waive the obligation to bring the perpetrator to a court where he or she is assured that he/she is involved in all the judicial activities in which he or she has the right to participate, and in particular the possibility for the person to submit his or his It is explained by the use of technical devices to allow these activities to be carried out at a distance, with a direct transfer of the image and sound.

§ 3. The authority referred to in § 2 may waive the detention and forcitation of the perpetrator to the court, obliging him to appear in court at the appointed time and place with the effects of the summations referred to in art. 71 § 4. The judgment given at that time shall not be considered as absentia in the absence of the judgment.

§ 4. In the case referred to in § 3, the Police and Border Guard may retain the perpetrator of the passport or other document entitling to cross the border, who, together with the application for punishment, shall transmit to the court. The reimbursement of the document shall be made by the court, not later than when the decision is given or when the procedure is amended.

§ 5. A person called upon by the authority referred to in § 2 to appear in court as a witness shall be required to appear at the indicated time and place; art. 49 and Art. 50 § 1 shall apply mutatis mutandis.

Article 92. [ Accelerated procedure mode] § 1. In an accelerated procedure, subject to Article 92a:

1) the request for punishment may limit itself to the requirements indicated in art. 57 (2) and (3) (1) and (3); may also be submitted orally to the Protocol;

(2) a court shall, without undue delay, accede to the case by stating in the minutes that it is in an expedited procedure and at the time of the day on which it is to be brought to the end of the case;

3) the court obliges the court obliged to remain at the disposal of the court to terminate the trial under the rigorously of the ruling in its absence; the sentence so issued shall not be deemed to be in absentia;

4) in the event of an interruption of the trial for a period longer than 3 days, the case shall be recognized in the ordinary proceedings;

5. the grounds of the judgment shall be drawn up only at the request of the party orally to the minutes of the hearing immediately after the judgment has been delivered

(6) the time limit for bringing an appeal shall be three days and shall run from the date on which the judgment is served with the reasons for which it is based;

7) the appeal court shall recognize the case at the latest within one month from the date of its impact to that court.

§ 2. The Tribunal shall make a statement of reasons within 3 days from the date of the judgment.

§ 3. Where it is found that there are no conditions to justify the case under the expedited procedure:

1) the president of the court before the opening of proceedings shall return the prosecutor to the application for punishment to supplement the formal deficiencies, when the application was limited to the requirements indicated in § 1 point 1, if, however, the application for punishment corresponds to the requirements laid down in art. 57 (2) to (4), shall be recognized in the ordinary course of proceedings;

2) the court shall issue a decision to change the mode to the ordinary when the lack of the grounds for conducting the accelerated procedure was established after the opening of the proceedings.

Art. 92a. [ The application of the provisions of the chapter in the accelerated procedure under Article 4 (1) of the Rules of Procedure 91 § 2a] In an accelerated procedure, subject to the application of Article 4 (1) of the Regulation. 91 § 2a, the provisions of this Chapter shall apply with the following amendments:

1) the request for punishment must not be submitted orally to the protocol;

2) in all court tasks using technical devices, enabling these activities to be carried out at a distance, shall take part in the place of the residence of the perpetrator of the forensic referendary or assistant of the judge employed in the court, in which the circle is the perpetrator;

3) if a defender has been established or a translator has been called upon, they participate in the judicial tasks using the technical devices enabling these activities to be carried out at a distance, at the place of the perpetrator's residence;

4) the president of the court or court, in the manner indicated in the art. 137 of the Code of Criminal Procedure, gives notice to the court on receipt of the application for punishment; the blamed served as a receipt by the officer of the body referred to in Article 91 § 2, a copy of the application for punishment and shall be made available copies of all documents of evidence submitted to the court;

5) art. 517ea of the Code of Criminal Procedure shall apply mutatis mutandis; witnesses and experts may also be heard through the application of art. 177 § 1a of the Code of Criminal Procedure;

6. in the event of the provision of a break in the trial or the modification of the mode of conduct in the subsequent proceedings, shall not apply in relation to the blamed manner of participation in the judicial activities provided for in Article 4 (1) of the EC Convention. 91 § 2a; the timing of the case before the court is to be determined so as to enable the person to participate personally in the case.

Chapter 16

Order handling

Article 93. [ Grounds for the judgment of the court of order] § 1. The court at its meeting may issue an injunctive sentence in cases of misconduct in which it is sufficient to impose a reprimand, a fine or a penalty of restriction of liberty. The court shall rule without any involvement of the parties.

§ 2. The resignation in the injunctive procedure may occur if the circumstances of the act and the fault of the blamed do not raise doubts. By issuing the order of order, the court finds the evidence attached to the application for punishment is disclosed.

§ 3. The order of the order may also be ordered by the criminal measure.

§ 4. The procedure shall be inadmissible if the circumstances set out in the Article are to be observed. 21 § 1.

Article 94. [ The correctness of the verdict of the order, application of the provisions of the Code of Criminal Procedure] § 1. The order of order shall apply mutatis mutandis. 504 and 505 with the exception of the second sentence, as well as Art. 506 § 1-3, § 5 and 6 of the Code of Criminal Procedure.

§ 2. On the order refusing to accept the opposition shall be entitled to a complaint.

§ 3. The judgment of an order from which no objection or opposition has been lodged shall become final.

Chapter 17

The procedure for mandates

Article 95. [ Bodies authorised to conduct a mandates procedure] § 1. Mandates shall be carried out by the Police and other authorities where a specific provision is such that it constitutes.

§ 2. (repealed).

§ 3. In the cases referred to in Article 17 § 2 the mandates of the mandate are carried out by the Labour Inspector. The work inspector may impose a fine by means of a criminal mandate also following an inquiry, if he considers that the penalty will be sufficient.

§ 4. If the entitlement for the officers of a particular authority to impose fines results from another law, and that law does not specify the offences to which the mandates apply, the scope of the offences for which a fine may be imposed by a mandate The Minister of Justice, in agreement with the Minister of Justice, will determine, by means of a regulation, the need to ensure a prompt response to the fact that there is a misconduct, and the need for proper protection of goods in particular. exposed to violations by offenders. That Regulation lays down, at the same time, the conditions and the manner in which the authorisations to impose fines through a criminal mandate are issued.

§ 5. The President of the Council of Ministers, at the request of the Minister responsible for internal affairs, filed in agreement with the Minister of Justice, may grant, by way of regulation, the power to impose fines through the criminal mandate of the officers of the other the authorities, specifying at the same time the list of offences for which those officers are entitled to impose fines, and the rules and methods of issuing authorisations for the imposition of fines, having regard to the scope of the statutory powers of such authorities, the need for quick reaction to the fact of the offence and the need to protect the goods particularly exposed to infringements by offenders.

§ 6. In order to harmonise the way of the reaction of the authorities entitled to impose fines by means of a criminal mandate for specific offenses, the President of the Council of Ministers, at the request of the Minister responsible for internal affairs, filed in agreement with the Minister Justice will determine, by means of a regulation, a differentiated amount of criminal mandates for selected types of offenses, taking into account the nature of the affected or the endangered good and the degree of severity of the individual deeds.

Article 96. [ Fines of fines in mandates] § 1. In the mandates procedure, a fine of up to PLN 500 can be imposed, and in the case referred to in art. 9 § 1 of the Code of Offences-up to 1000 PLN.

§ 1a. In a mandate procedure, in matters of:

1) in which the public prosecutor is the competent authority of the State Labour Inspectorate,

2) breaches of compliance with the obligations or conditions of carriage of the road listed in Annexes No 1 and 2 to the Act of 6 September 2001. o road transport (Dz. U. 2012 r. items 1265 and 2013 items 21), in which the public prosecutor is the competent authority of the Inspectorate of Road Transport or Police

-you can impose a fine of up to 2000 PLN.

§ 1aa. In mandates, in cases of acts referred to in Article 54-56 and art. 57a of the Act of 20 March 2009. on the security of mass events (Dz. U. Nr 62, poz. 504, with late. zm.) you can impose a fine in the amount of 2000 PLN.

§ 1b. If punished at least twice for a misdemeanor against the rights of an employee as defined in the Code of Work, he/she commits within two years from the day of the last punishment such offense, the competent authority of the State Labour Inspectorate may in the mandates procedure impose a fine of up to 5000 PLN.

§ 1c. In mandates, in cases of acts referred to in Article 93 point 12 of the Act of 7 July 1994. -Building law (Dz. U. of 2013 r. items 1409, with late. zm.) you can impose a fine of up to 2000 PLN.

§ 2. In the course of a criminal mandate, no fine shall be imposed for the offences for which the penal measure would have to be established and in the case referred to in Article 4. 10 § 1 of the Code of Offences. In the situation referred to in Article 9 § 1 of the Code of Offences the imposition of a fine by criminal mandate is possible only if, in respect of all breached provisions, the mandates of the mandates are admissible.

§ 3. The President of the Council of Ministers, by means of a regulation, will determine the models of the forms of the criminal mandate and the detailed manner of imposing fines through the criminal mandate, with a view to the need to harmonise the rules of enforcement by the authorized officers the bodies of the fine by means of a criminal mandate, as well as the instructing of the persons punished with the mandate of their rights and obligations.

Article 97. [ Conditions for imposing a fine by means of a criminal mandate] § 1. In a mandates procedure, if the Act does not provide otherwise, the officer entitled to impose a fine by means of a criminal mandate may impose it only if:

1) captured the perpetrator of the offense in the act or immediately after the offense,

2) he finds that there is a wrongdoing in the absence of the perpetrator, and there is no doubt as to the perpetrator of the act,

3) it finds that there has been a misconduct by means of a control-measuring instrument or a recording device, and the perpetrator has not been captured in the act or immediately afterwards, and there is no doubt as to the perpetrator of the act

-including, where necessary, after having carried out, to the extent necessary, explanatory measures taken immediately after the dismissal of the offence. The imposition of a fine by means of a criminal mandate shall not take place after 14 days from the date of disclosure of the act in the case referred to in point 1, 90 days in the case referred to in point 2, and 180 days in the case referred to in point 3.

§ 2. The perpetrator of the offense may refuse to accept a criminal mandate.

§ 3. The officer in charge of the fine shall determine the amount of the fine, the offender's alleged misconduct, and inform the offender of the right to refuse to accept the criminal mandate and the legal consequences of such refusal.

Article 98. [ Types of Corrective Mandate] § 1. In a mandate procedure, a fine may be imposed by means of a criminal mandate:

(1) to be punished after payment of the fine directly to the officer who has imposed it;

2) credited, issued to be punished for acknowledgment of receipt;

3) ocular.

§ 2. The penalty mandates referred to in § 1 point 1 may be imposed on a fine only against a person temporarily residing in the territory of the Republic of Poland or not having a permanent residence or stay. Such a mandate shall become final upon payment of the fine to the officer who has imposed it.

§ 3. A criminal mandate as referred to in paragraph 1 (2) may be imposed on a fine only in respect of a person other than that mentioned in § 2, or having his/her domicile or residence in a territory other than the Republic of Poland of a Member State of the Union European. The mandate should include an instruction on the obligation to pay a fine within 7 days from the date of adoption of the mandate and of the effects of the non-payment of the fine within the time limit. He shall become final upon receipt of his receipt by the punished.

§ 4. A criminal penalty may be imposed in the event of a misconduct which the offender does not have at the place of his or her committing, where there is no doubt as to the person of the offender; such a mandate shall then be left in such a place as to be the perpetrator could immediately pick him up.

§ 5. The penal mandate referred to in paragraph 1 (3) shall indicate where, within seven days of the date of issue of the penalty, a fine may be paid, and shall inform the effect of its failure to pay it within that period. It shall become final upon payment of the fine at the indicated place and time limit.

Article 99. [ Application to the court to punish in the event of refusing to accept a criminal mandate or not to pay a fine] In the event of refusing to accept a criminal mandate or failure to pay within the prescribed period a fine imposed by the court of absences, the body of which the officer has imposed the fine shall be requested to punish him. In that request, it should be noted that the blamed refused to accept the mandate or did not pay the fine imposed by the overdue mandate and, if possible, also state the reasons for the refusal.

Article 100. [ Bodies entitled to collect claims arising from fines imposed by criminal mandate] § 1. The competent Governor of the tax office shall, subject to § 2, be entitled to collect the claims arising from fines imposed by way of a criminal mandate constituting the income of the state budget.

§ 2. Eligible for the collection of claims resulting from fines imposed by the criminal mandate by the bodies of the Road Transport Inspection is the Chief Inspector of Road Transport.

§ 3. The fine is the revenue of the state budget, and in the event that it is imposed by an officer of the authority subordinate to the authorities of the local government, it is the income of this self-government unit.

§ 4. Authority authorised to:

1) the provision of criminal mandate forms and the allocation of series and serial numbers of the criminal mandates generated by the use of the ICT system is the minister competent for internal affairs;

2. the distribution and settlement of the forms of the criminal mandate, the allocation and settlement of the series and the number of penal mandates generated by the use of the IT system shall be respectively:

(a) the competent local director of the Treasury,

b) The Chief Inspector of Road Transport-for the bodies of the Road Transport Inspection.

§ 5. The authorities referred to in paragraph 4 (2) shall supply free of charge to the authorities entitled to impose fines by means of a criminal mandate in the forms of penal mandate, except for the entities identified in the provisions adopted pursuant to § 14 point 2, which they acquire the forms of the criminal mandate for consideration.

§ 6. The payment for the acquisition of the criminal mandate forms shall cover only the cost of their production and distribution.

§ 7. The authorities referred to in paragraph 4 (2) and the authority empowered to impose fines by means of a criminal mandate shall keep records of the forms of criminal mandate and the series and serial numbers of the criminal mandates generated by the system. IT.

§ 8. The authority entitled to collect the claims resulting from fines imposed by a criminal mandate shall keep records of such fines, in accordance with the accounting rules.

§ 9. The authority empowered to impose fines by means of a criminal mandate shall cooperate with the authority referred to in paragraph 4 (2) (a) and the authority entitled to collect the fines imposed by means of a criminal mandate to the extent necessary for the application of the fines to be applied to the fines. carrying out the tasks of those authorities resulting from this Code, including by providing information in cases relating to the forms of the criminal mandate allocated to the series and the number of mandates generated by the use of the system, respectively (1) The computerised system of the European

§ 10. The authority empowered to impose fines by means of a criminal mandate, with the exception of the Road Transport Inspection Authorities, shall draw up information on the number of forms of criminal mandate received and used and the number of allocated and allocated fines. the series used and the number of penal mandates generated by the computerised system and shall transmit to the Authority referred to in paragraph 4 (2) (d). a.

§ 11. The authority empowered to impose fines by means of a criminal mandate constituting the revenue of the State budget, with the exception of the authorities of the Road Transport Inspection Authority, shall draw up information on the data covered by the form of the criminal mandate and the payment of the fines paid and the unpaid fines and forward it through the telecommunisation system to the authority referred to in paragraph 1. The information shall be provided by the accounting officer of the claims arising from fines imposed by way of a criminal mandate, without the need to include the signature of the issuer of the proof referred to in the accounting rules.

§ 12. The imposition of a fine imposed in the course of a criminal mandate shall be subject to enforcement proceedings in the administration.

§ 13. The Minister responsible for public finance in agreement with the Minister of Justice will determine, by way of regulation, the jurisdiction of the local government of the tax office entitled to collect the duties referred to in § 1, taking into account the efficiency and effectiveness of operations to settle claims.

§ 14. The Council of Ministers shall determine by way of regulation:

1) the manner of supplying, distributing and clearing the forms of the criminal mandate and the allocation and settlement of the series and the number of mandates generated by the use of the IT system,

2) entities that acquire criminal mandate forms for consideration,

3) the mode and detailed scope of the cooperation referred to in § 9,

4) the mode and timing of the transfer and the detailed scope of the information referred to in § 10 and 11

-with a view to ensuring the immediate record, accounting and recovery of fines, ensuring permanent and undistorted access to the authorities entitled to impose fines by means of a criminal mandate to the appropriate the number of penal mandate forms and the series and number of penalty mandates generated using the ICT system, as well as the prompt and correct settlement of the forms of the criminal mandate and the assigned series and number of credentials generated by the telecommunicOS system.

Article 101. [ Repeal of penal mandate] § 1. The final penalty may be waived without delay if the fine is imposed for an act which is not a criminal offence or a person who has committed an act prohibited before the age of 17, or the law states that the offender does not commit misconduct for the reasons referred to in art. 15-17 Code of Offences. The revocation shall be made at the request of the punished, its statutory representative or legal guardian not later than 7 days after the resignation of the mandate or at the request of the authority whose officer has imposed the fine, or of its own motion.

§ 1a. The final penalty may be waivedin accordance with the procedure laid down in paragraph 1, if the fine is imposed against the prohibitions laid down in Article 1. 96 § 2. It shall also be subject to repeal when the fine is imposed at a higher rate than that is due to the Art. 96 § 1-1b, except in such a case that only a part exceeds the permissible height.

§ 1b. The final penalty may be waived at any time at the request of the punished, his legal representative or the legal guardian, or at the request of the authority whose officer has imposed a fine, or of its own motion if:

1) The Constitutional Tribunal has ruled on non-compliance with the Constitution, ratified by an international agreement or with the Law of the Law provision on the basis of which the fine was imposed by that mandate;

2) this need arises from the resolution of an international body acting under an international agreement ratified by the Republic of Poland.

§ 2. An eligible court is the competent court to identify the case in which the action was imposed fine. The court shall decide on the repeal of the criminal mandate of the Tribunal. The meeting shall have the right to participate in a penalty, the body which the officer of which has imposed a fine by means of a mandate, or a representative of that body, and the victim of which he or she has been exposed. Before issuing the order, the court may order the relevant acts to verify the grounds for the repeal of the criminal mandate.

§ 3. In order to withdraw the penalty, the payment of the amount paid shall be ordered by the entity on whose account the fine was taken.

§ 4. In the event of a redecision on a case in which a final criminal mandate has been lifted, it shall not be possible to rule on the disadvantage of the uncovered if the repeal of the mandate is due to the reasons set out in § 1b.

Article 102. [ Supervision of mandate proceedings] The Minister responsible for internal affairs shall be responsible for the supervision of the mandates of the mandate and in the cases referred to in Article 4. 95 § 3-Chief Labour Inspector.

SECTION X

Remedies

Article 103. [ Types of appeals] § 1. Appeals and griefs are appeals and appeals.

§ 2. From the judgment of the court of first instance serves the parties to appeal, unless the Act states otherwise.

§ 3. The complaint may be granted in the cases referred to in the Act. It shall be granted to the parties, as well as to the person whose order, order or other acts directly concern them.

§ 3a. An objection may be raised from the provisions and regulations of the judicial referendary. It shall result in a loss of power or order.

§ 3b. The opposition shall be entitled to a party and to the person to whom the order or order relates. It shall be made within 7 days of the notification of the order or order and, if it is served, from the date on which it is served. The President of the Tribunal shall refuse to object if he or she has been lodged after the date or by an unauthorised person.

§ 4. The judgment may be appealed in whole or in part.

Article 104. [ Grounds for annulment of the contested decision] § 1. The appeal court shall abrogate the contested decision, irrespective of the limits of the appeal, of the pleas in law raised and the impact of the infringement on the content of the decision, if:

1) the decision has issued the person not entitled to the adjudication or the judge governed by the exemption from the law or incapable of ruling;

2) the court was the unfit of the manned or the ruling was not signed;

3) a general court has ruled in a case belonging to the jurisdiction of a military court or a military court has ruled in a case belonging to the jurisdiction of the general court;

3a) a lower court ruled in a case belonging to the jurisdiction of a higher court order;

4) a punishment or a criminal measure of unknown law has been given;

5) there is a contradiction in the content of the decision preventing it from being executed;

6) the blamed did not have a defender in the cases referred to in art. 21 § 1 or the defender did not take part in the activities in which his participation was mandatory;

7) there is one of the circumstances excluding the proceedings referred to in art. 5 § 1 points 4-10.

§ 1a. Repeal of the decision only for the reasons set out in paragraph 1 (6) and in Article 1. 5 (1) (4) and (5) may only occur in the interests of the blamed.

§ 2. (repealed).

Article 105. [ The term of appeal, transmission of the case file to the court of appeal] § 1. The appeal shall be lodged in writing within 7 days from the date of receipt of the judgment, together with the reasons for it, unless the law provides otherwise.

§ 1a. In the event that the statement of reasons for the judgment is only oral, the appeal shall be lodged in writing within 7 days from the date of receipt of the judgment together with the translation of the statement of reasons.

§ 2. The lodging of an appeal before the expiry of the time limit for the submission of an application for reasons of judgment or of the application for a translation of the reasons for a judgment presented in oral form shall have the effect of those indicated in 35 § 1 or art. 82 § 7 and subject to recognition; it may be supplemented by the time limit indicated in § 1 or 1a respectively.

§ 3. The appeal shall be notified to the parties, the defenders and the plenipotentiaries, after which the file shall be transmitted immediately to the court of appeal.

Article 106. [ Attendance of parties and procedural representatives in appeal proceedings] § 1. The parties shall have the right to participate in the hearing and at the meeting of the court of appeal. The participation of the parties is not obligatory unless the President of the Tribunal or the court so govern. However, the participation of the defender in the event referred to in Article 4 is compulsory 21 § 1.

2. The Court of Appeal shall, at the request of the Court of Appeal, not later than within seven days of its notification of the adoption of an appeal, administer the appeal to the court of appeal, unless it considers that the appeal is sufficient to enable him to take part in the appeal. If the defender does not have a defender, the defender shall be appointed from office.

§ 3. Failure to communicate correctly notified of the date of the parties and their procedural representatives shall not be such as to recognise the case, unless the appointment was mandatory.

Article 106a. [ Conduct of the evidence before the appeal court] The appeal court may, while recognising the need to supplement the court wire, carry out evidence at the hearing if this will contribute to the acceleration of the proceedings, and it is not necessary to carry out a new cable in its entirety. The proof may also be authorised before the hearing.

Article 107. [ Grounds for judgment of the Court of Appeal] § 1. The grounds for the judgment of the appeal court shall be drawn up within seven days.

§ 2. The reasons for the judgment of the judgment of the court of first instance shall be made only on request of the party, filed within a period of time, filed 7 days from the date of the judgment of the appeal by the court of appeal.

§ 2a. If the course of the hearing is recorded by means of a recording equipment or an image and sound, the statement of reasons for the judgment may be provided solely in the oral form, immediately after the judgment has been delivered. Article Article 418 § 3 of the Code of Criminal Procedure does not apply. Before presenting the reasons for the judgment in oral form, the parties should be warned about this.

§ 3. In the statement of reasons, it is necessary to state what the judgment of the court of justice was directed at, and why the pleas in law of the court of appeal and the pleas of appeal have been found to be un

Article 108. [ Deadline for Complaints] The complaint shall be lodged in writing within 7 days of the date of the announcement of the decision or the oral question to the minutes of the hearing or of the sitting, and where it is served, from the date of service or from the date on which the contested action is taken, unless the law provides for the otherwise.

Article 109. [ Application of the provisions on the proceedings before the court of first instance and the Code of Criminal Procedure] § 1. The provisions relating to the proceedings before the court of first instance shall apply mutatis mutandis to the appeal proceedings, except where otherwise provided for in the provisions of this Chapter.

§ 2. In recognition of the appeal measure, the provisions of Article 1 shall apply mutatis mutandis. 425 § 3 and 4, art. 426, 427, 429-438, 440-443, 447, 449, 453, 454 § 1, art. 455, 456, 462, 463 § 1, art. 465 § 1 and 2, art. 466 and 467 of the Code of Criminal Procedure.

CHAPTER XI

Exceptional measures of appeal

Chapter 18

Cassation

Article 110. [ Bodies authorised to lodge a cassation] § 1. [ 8] Cassation in matters of misconduct can only be lodged by the Attorney General or the Ombudsman, in cases subject to the case law of the military courts also Deputy Prosecutor General for Military Affairs, and in cases of violation of rights The child is also a spokesperson. The cassation can be made from any final judgment ending the court proceedings.

§ 2. It is not permissible to take into account the cassation to the disadvantage of the unlawfully lodged after 3 months from the date on which the decision has been legitimised.

§ 3. The cassation is brought directly to the Supreme Court.

Article 111. [ Grounds of cassation transfer] The cassation may be brought only because of the shortcomings identified in the art. 104 § 1 or any other gross violation of the law, if it could have had a material effect on the content of the decision; the cassation cannot be brought solely because of the disproportionate punishment.

Article 112. [ Application of provisions of the Code of Criminal Procedure] The provisions of Chapter X of this Code and of Article 4 of this Code shall apply mutatis mutandis to the proceedings. 522, 526 § 1, art. 529, 530 § 2 and 3, art. § 531 § 1, art. 532 § 1, art. 534 § 2, art. 535-537, 538 § 1 and 3 and art. 539 of the Code of Criminal Procedure.

Chapter 19

Reopening of the procedure

Article 113. [ Application for resumption of proceedings, jurisdiction and composition of the court, application of the provisions of the Code of Criminal Procedure] § 1. Court proceedings, carried out in the manner prescribed by the provisions of Chapters 11 to 16 and of Chapter X of this Code, terminated by a final judgment, may be resumed at the request of the party, and when the Act provides for ex officio-ex officio. The provisions of Article 4 (2) of the Regulation shall apply to the 540-542, art. 544 § 2 and 3 and art. 545-548 of the Code of Criminal Procedure.

§ 2. To the application for reopening of proceedings, the non-prosecutor's party shall attach proof of the payment of the court fee; this fee shall be refunded if the application is taken into account.

§ 3. On the issue of the resumption of the decision at the sitting by a single court, the district court and, in the case concluded by the court of justice, the Court of Appeal shall be one-person.

§ 4. In cases belonging to the jurisdiction of the military courts in the issue of resumption of the adjudication at the sitting of a one-man military district court, and in the case ending the ruling of that court or the Supreme Court adjudicated by the Supreme Court-Chamber of Military.

CHAPTER XII

Proceedings after the decision has been legitimised

Chapter 20

Compensation for wrongful punishment or detention

Article 114. [ Compensation and redress for the wrongful execution of the sentence, the criminal measure, the wrongful detention and the seat in the detention facility] § 1. A blamed who, as a result of a cassation or a resumption of proceedings, was subsequently acquitted or against which the proceedings were terminated as a result of circumstances not taken into account in the earlier proceedings, may be compensated for by the State Treasury for the the damage suffered and the satisfaction of any wrongdoing, resulting from the execution of a penalty or penalty in whole or in part, which he or she should not have suffered.

§ 2. Compensation and redress shall also be granted to the person undoubtedly wrongly detained and to the person imprisoned in the detention facility on the basis of art. 82 § 5 point 2 or point 3, which was then either legally acquitted or against which the proceedings were legitimised.

§ 2a. The compensation and redress shall also be granted to the person who has been subject to the application of the security of the criminal measure of forfeiture, in respect of the damage and harm caused by that measure of coercion, when he has been finally acquitted by a final decision. or the proceedings were terminated against him, or the criminal measure of forfeiture was not ruled against him.

§ 3. In the event of the death of the blamed, who claims compensation and redress for life, his rights pass to the spouse, the children and the parents.

Article 115. [ Proceedings for damages and redress, statute of limitations of claims] § 1. The claim for compensation and redress shall be reported in the district court, the district of which the decision was issued in the first instance or where the release of the detainee occurred.

§ 2. The claims referred to in § 1 shall expire six months after the date of the final decision of the acquittal or the dead proceedings referred to in art. 114 § 1, or the date of release of the detainee.

§ 3. The claim adjudicated by the district court at the hearing in a single judgment. The proceedings in the case for compensation and redress for wrongful punishment and for unquestionably wrongful detention is free of charge.

§ 4. The applicant may appoint a lawyer to whom he or she may be a lawyer. Article Recipe 30 § 2 shall apply mutatis mutandis.

Article 116. [ Application of provisions of the Code of Criminal Procedure] In the recognition of claims for compensation and redress, the provisions of Article 1 shall apply mutatis mutandis. 553, art. 556 § 4, art. 557 and art. 558 of the Code of Criminal Procedure.

SECTION XIIa

Proceedings in matters of international relations

Chapter 20a

An application to a Member State of the European Union for the enforcement of a detention order or to secure property and enforcement of a court or other authority of a Member State of the European Union on detention evidence or to secure property

Art. 116a. [ Application of provisions of the Code of Criminal Procedure] To request the Member State of the European Union to make a decision on the retention of evidence or to secure property and to execute a decision of a court or other body of a Member State of the European Union of The provisions of Chapters 62a and 62b of the Code of Criminal Procedure shall apply, respectively, to the retention of evidence or to safeguard property.

Chapter 20b

Occurrence in a Member State of the European Union for the execution of a fine, criminal measures in the form of a reference or an obligation to remedy the damage, or of a decision imposing the costs of the proceedings and enforcement of a decision of the court or of another State body of a Member State of the European Union on penalties of a monetary nature

Article 116b. [ Application of the provisions of the Code of Criminal Procedure and the Law on enforcement proceedings in the administration] § 1. To request a Member State of the European Union to execute a fine, criminal measures in the form of a reference or an obligation to make good any damage or a decision to pay the costs of the proceedings and to make a decision of the court or other body The provisions of Chapters 66a and 66b of the Code of Criminal Procedure shall apply to the Member State of the European Union on penalties of a monetary nature.

§ 2. In the procedure for the enforcement of a fine imposed by a criminal court, which is credited to the competent court or other body of a Member State of the European Union, there is a creditor entitled under the law on enforcement proceedings. administration.

CHAPTER XIII

Costs of proceedings

Article 117. [ Provisional coverage of expenses by the State Treasury, costs of defenders and proxy] § 1. Any expenditure in the course of proceedings in cases of misconduct shall be interpreted temporarily by the State Treasury.

§ 2. The costs of the defender and the proxy lectures the party which established it. Costs of the defender designated in the situation referred to in Article 21 § 1 and art. 22 is a lecturer in the State Treasury.

Article 118. [ Coverage of costs according to the outcome of the proceedings] § 1. In the event of a conviction, the unpaid shall be subject to the flat-rate expenditure of the proceedings and other receivables referred to in paragraph 3, if such claims arose in the proceedings.

§ 2. In the event of the acquittal or remission of the proceedings in the case in which the application for punishment has been filed by the public prosecutor, the costs of the proceedings shall be borne by the State Treasury, and when such a request has been made by the prosecutor, the prosecutor; in the event of such an application, cancellation of the proceedings in the case referred to in Article 31 § 1 costs of the proceedings are borne by the State Treasury.

§ 3. The expenditure exerted by the Treasury is flat-rate. However, the lump-sum expenses of the proceedings shall not include claims for persons, establishments, institutes and institutions set up to deliver an opinion and receivables established by the public defender's office and agent.

§ 4. The amount of the flat-rate expenditure, as well as the fees referred to in Article 4 (1). Article 113 (2) will determine, by way of regulation, the Minister of Justice, taking into account the real costs of the individual operations.

Article 119. [ Application of provisions of the Code of Criminal Procedure] The provisions of the Rules of Procedure shall apply mutatis mutandis. 616, art. 617, art. 618 § 1 and 3, art. 618a-618l, art. 619 § 3, art. 623, art. 624 § 1, art. 625-627, art. 630, art. 632a, art. 633-635, art. 636 § 1 and 2, art. 637-639 and art 641 of the Code of Criminal Procedure, with the Treasury's expenses being also expenses incurred in the course of the Explanatory Action.

[ 1] Article 32 (4), in the version laid down by the Article. 13 point 1 of the Act of 28 January 2016. Provisions introducing the Act-Law on the Prosecutor's Office (Journal of Laws of the Law on Prosecution 178). The amendment came into force on 4 April 2016.

[ 2] Article 39 (3) in the version set by the Article 13 point 2 of the Act of 28 January 2016. Provisions introducing the Act-Law on the Prosecutor's Office (Journal of Laws of the Law on Prosecution 178). The amendment came into force on 4 April 2016.

[ 3] On the basis of paragraph 1 of the judgment of the Constitutional Court of 30 September 2015. (Journal of Laws pos. 1557) art. 96 § 3 in connection with Article 92 § 1, art. 92a and art. 88 and in connection with the Article 78 par. 4 of the Act of 20 June 1997. -The right of traffic (Dz. U. 2012 r. items 1137; ost. zm.: Dz.U. z 2015 r. items 1326) in connection with art. 41 § 1 of the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2013 r. items 395, ze zm.) oraz w związku z art. 183 § 1 of the Act of 6 June 1997. -Code of Criminal Procedure (Dz. U. Nr. 89, pos. 555, ze zm.) in so far as-after the disclosure by the recording of the technical device of the exceedance by the unidentified driving speed limit vehicle, not to be used by such a driver to sign or signal by road or driving a non-lit vehicle-they provide for the obligation on the owner or holder of the vehicle to indicate, at the request of the authorized body, to whom he has entrusted the vehicle for driving or using at the designated time, under the rigorous misdemeanor liability, without the possibility of abandition from that the obligation in the event of a vehicle to be entrusted to a person in the near future, when it has committed an offence, shall comply with:

(a) Article 42 par. 2 in connection with art. 31 par. 3, art. 32 par. 1 and Art. 2 of the Constitution of Poland

(b) Article 42 par. 3 in connection with art. 32 par. 1 and Art. 2 of the Constitution of Poland

(c) art. 47 in connection with art. 18, art. 31 par. 3, art. 32 par. 1, art. 71 (1) 1 and Art. 2 of the Constitution.

[ 4] Currently: the minister competent for foreign affairs, according to art. 4 par. 1, art. 5 points 27 and Art. 32 of the Act of 4 September 1997. about the departments of government administration (Journal of Laws of 2007 Nr 65, poz. 437; ost. zm.: Dz.U. z 2012 r. items 951), which entered into force on 1 April 1999.

[ 5] Article 85 (1), in the version set by the Article 13 point 3 of the Act of 28 January 2016. Provisions introducing the Act-Law on the Prosecutor's Office (Journal of Laws of the Law on Prosecution 178). The amendment came into force on 4 April 2016.

[ 6] Article 86 (1) in the version set by the Article 13 point 4 of the Act of 28 January 2016. Provisions introducing the Act-Law on the Prosecutor's Office (Journal of Laws of the Law on Prosecution 178). The amendment came into force on 4 April 2016.

[ 7] Article 87 (3) in the version set by the Article 13 point 5 of the Act of 28 January 2016. Provisions introducing the Act-Law on the Prosecutor's Office (Journal of Laws of the Law on Prosecution 178). The amendment came into force on 4 April 2016.

[ 8] Article 110 (1), as amended by Article 4 (1), 13 point 6 of the Act of 28 January 2016. Provisions introducing the Act-Law on the Prosecutor's Office (Journal of Laws of the Law on Prosecution 178). The amendment came into force on 4 April 2016.