European Arrest Warrant in Poland

About

European Arrest Warrant is a request issued by a judicial authority of a European Union member state for the arrest and transfer by another EU member state of a person specified in the EAW. It is prepared in connection with the suspicion that a person has committed a crime, or in connection with the need for the person to execute a sentence or a security measure. On the basis of this request, as a rule, the authorities of the requested state become obliged to arrest and transfer the EAW person to the requesting country.

In Poland, the judicial authority competent to request an EAW is the district court. However, in order for this court to apply the EAW, two prerequisites must be met – there must be a suspicion that the person prosecuted for an offense under the jurisdiction of Polish courts is in the territory of another EU member state, and the interests of justice speak in favor of issuing the EAW. If the EAW is to concern a person who is being prosecuted in connection with pending criminal proceedings, the crime to which the proceedings relate must be punishable by imprisonment of at least one year.

The transfer of a person specified in the European Arrest Warrant from Poland to another EU member state may take place only for the purpose of carrying out criminal proceedings against that person, on the territory of the requesting state, or for the execution of a sentence of imprisonment or other measure involving deprivation of liberty imposed on that person.

Under certain conditions, a person may not be transferred under the EAW. Polish regulations indicate situations in which there is an absolute prohibition on the surrender of such a person, such as when there is a final judgment against the prosecuted person in another state for the same acts, the person to whom the EAW applies is not criminally responsible under Polish law due to his or her age, or when the surrender would violate human and civil liberties and rights. In some situations, refusal of execution will depend on the court’s assessment and discretion, such as when there are criminal proceedings pending in Poland against a person prosecuted under the EAW for the offense that forms the basis of the EAW, or when a sentence of imprisonment may be imposed in the EAW issuing state for the offense to which the EAW relates without the possibility of seeking a reduction.

As part of the EAW, our law firm offers:

  • detailed discussion of the institution of the European Arrest Warrant, its admissibility, the scope of its application and the resulting consequences for the prosecuted person;
  • assistance in establishing the circumstances underlying the issuance of the EAW;
  • analysis of the legal and factual situation of the prosecuted person, including, among other things, the preparation of a strategy of action and recommendations for further conduct of the prosecuted person;
  • assistance in drafting an application for revocation of the EAW;
  • active participation in hearings on the possible issuance or revocation of the EAW and in hearings related to its execution;
  • full cooperation with foreign lawyers, especially to the extent necessary to establish the circumstances and legal norms related to the issuance and execution of the EAW;
  • assistance in drafting a complaint against the decision to transfer a person prosecuted from Poland.

Our offer is addressed to:

  • Polish citizens against whom an EAW has been issued;
  • foreigners residing on the territory of Poland;
  • families of persons prosecuted under the EAW;
  • companies whose employees are prosecuted under the European Arrest Warrant.
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European Arrest Warrant

The European arrest warrant (“EAW”) is a simplified cross-border judicial procedure for the purpose of prosecution or executing a custodial sentence or detention order.

The aim of the EAW is to ensure that open borders and free movement in the Union are not exploited by those seeking to evade justice. It is the most successful instrument of judicial cooperation in criminal matters in the Union.

An EAW issued by one EU country’s judicial authority is valid in the entire territory of the EU. The mechanism is based on the principle of mutual recognition.

EU countries can no longer refuse to surrender their own nationals, unless the executing state undertakes to execute the sentence or detention order in accordance with its domestic law.

Decisions on EAW are made by judicial authorities alone, without political considerations. The authorities (executive) may not interfere in the decision of the judicial authority.

Proportionality and other rules of extradition process

The Framework Decision on EAW has been in force since 1 January 2004 in all Member States.

An EAW should always be proportional to its aim.

Considering the severe consequences that the execution of an EAW has on the requested person’s liberty and the restrictions of free movement, the issuing judicial authorities should consider all relevant factors to determine whether issuing an EAW is justified.

Ground for refusal

The executing judicial authority can refuse to execute the EAW only if certain criteria are met. They are cathegorised as mandatory and optional ground for refusal applies.

Mandatory grounds:

  • the offense is covered by amnesty (the executing country could have prosecuted and the offence is covered by an amnesty in that country)
  • the person has already been judged for the same offence (ne bis in idem)
  • the person is a minor (the person has not reached the age of criminal responsibility in the executing country).

Optional grounds refer to Member States- such as:

  • lack of double criminality for offences other than the 32 listed in the Framework Decision on EAW
  • there is a pending criminal procedure in the executing country for the same acts
  • statute of limitations applies
  • the person has been judged in absentia, without respect of certain conditions.

Ensure Skilled Legal Representation in European Arrest Warrant Cases

The execution of a European Arrest Warrant (EAW) involves intricate legal processes and significant implications for the individual concerned. Whether you are facing an EAW, require assistance in challenging its validity, or need guidance on your rights and options, having experienced legal professionals is essential to navigating this complex procedure effectively.

Our law firm offers comprehensive legal support, from detailed case analysis and strategic planning to representation in hearings and cooperation with foreign legal experts. We are committed to protecting your rights, ensuring due process, and providing you with the best possible defense.

Don’t face the challenges of an EAW alone. Contact us today for expert legal assistance tailored to your unique situation and take control of your case with confidence.

Any questions?

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice

+48 509 211 000

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Maciej Zaborowski

Advocate, Managing Partner

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice

FAQ

What is a European Arrest Warrant (EAW)?

The European Arrest Warrant (EAW) is a judicial decision issued by an EU member state that allows for the arrest and transfer of a person wanted for prosecution or to serve a prison sentence in another EU country. Introduced in 2004, the EAW streamlines and accelerates the extradition process within the EU by replacing traditional lengthy extradition procedures with a simplified, fast-track judicial procedure. Its primary purpose is to facilitate cross-border cooperation while respecting the rights of the individuals involved.

Who can issue a European Arrest Warrant in Poland?

In Poland, regional (district) courts are responsible for issuing a European Arrest Warrant upon a prosecutor’s request. The court must have jurisdiction over the criminal case and confirm that legal conditions for issuing an EAW are met. The responsible court evaluates the justification for the warrant and ensures that the requested person’s rights will be safeguarded throughout the extradition process.

Under what circumstances can a European Arrest Warrant be issued?

An EAW may be issued when:

  • There is reasonable suspicion that a person wanted for a criminal offense punishable by at least one year of imprisonment is present in another EU member state.
  • The warrant can also be issued for enforcing an existing prison sentence or detention order involving imprisonment longer than four months.
  • The offense must be recognized as a crime both in Poland and the requesting country, respecting the principle of “double criminality,” except in a list of serious offenses (such as terrorism, trafficking, and organized crime) where this principle is waived.
  • The issuing authority believes surrendering the person serves the interests of justice and public safety.

How does the European Arrest Warrant process work once Poland receives a request?

When Poland receives an EAW from another EU country, the relevant prosecutor interrogates the person concerned to inform them of their rights and the nature of the request. The prosecutor then submits the case to the regional court, which reviews the legal requirements. The court may order provisional detention for up to 100 days if necessary to prevent flight or interference with the proceedings. The court must issue a decision on whether to surrender the person within 30 days of arrest, and once the decision is final, the physical handover usually occurs within 10 days.

What legal grounds exist for Poland to refuse executing a European Arrest Warrant?

Polish law allows refusal to execute an EAW under several circumstances, including:

  • The person is under the minimum age of criminal responsibility or the offense is subject to amnesty in Poland.
  • Surrender would violate fundamental human rights, such as exposing the person to the death penalty, torture, or inhuman or degrading treatment in the requesting state.
  • The offense is clearly political in nature or relates to freedom of expression.
  • The conduct alleged does not constitute a crime under Polish law and is not listed among serious offenses exempt from double criminality.
  • The case involves criminal proceedings already finally resolved in Poland (ne bis in idem principle).
  • There is an ongoing parallel prosecution in Poland for the same offense.

Can decisions related to the European Arrest Warrant be appealed or challenged?

While the decision to issue an EAW by the Polish court is generally final and not subject to appeal, the person arrested on the basis of an EAW can challenge or appeal the surrender decision during the execution phase. The arrested individual has the right to legal representation and can present arguments to courts regarding the legality or fairness of the surrender. This judicial review safeguards fundamental rights and ensures due process is respected.

How long does the entire European Arrest Warrant procedure take in Poland?

By law, after a person is arrested under an EAW, the Polish court must issue a surrender decision within 30 days. If appealed, the timeframe may be extended but is still designed to be expedited. Following a final surrender decision, the person must be transferred within 10 days. Provisional detention pending these decisions can last up to 100 days, but extensions are exceptional.

Is there a public way to find out if someone is subject to an EAW in Poland?

There is no centralized public database accessible for checking the existence of EAWs against individuals. However, lawyers can request such information from courts or prosecutorial offices on behalf of clients. The National Criminal Register may also provide relevant information upon authorized request, but access is restricted to authorized persons or attorneys.

What happens after surrender under the European Arrest Warrant?

Once Poland surrenders a person to another EU country under the EAW system, the individual is subject to criminal proceedings or enforcement of a sentence in the requesting state, following that country’s legal system. Poland generally does not intervene further once the transfer occurs; however, immunity or fair trial rights internationally recognized remain relevant, and the person may request legal remedies in the receiving country.

Why is legal representation important when facing an EAW in Poland?

Due to the complex nature of EAW proceedings and the serious consequences involved—such as arrest, detention, and transfer to another jurisdiction—it is critical for individuals affected by an EAW to seek professional legal assistance. A qualified lawyer can:

  • Review the validity and scope of the warrant.
  • Assist in challenging unlawful or unjust surrender requests.
  • Advise on rights relating to detention and legal procedures.
  • Coordinate defense strategies, including communication with authorities in both Poland and the requesting country.
  • Help ensure compliance with legal deadlines and procedural safeguards.