欧洲逮捕令 | European Arrest Warrant CN

欧洲逮捕令（ENA）是由欧盟成员国的司法机关发布的请求，旨在要求另一欧盟成员国逮捕并移交ENA中指明的个人。该请求通常与嫌疑人涉嫌犯罪或需执行判决或安全措施有关。根据这一请求，通常情况下，被请求国家的当局有义务逮捕并将ENA所指的个人移交给请求国。

在波兰，有权申请ENA的司法机关是地区法院。然而，为了使该法院能够适用ENA，必须满足两个前提条件：第一，必须存在嫌疑人因受波兰法院管辖的犯罪在另一个欧盟成员国境内的嫌疑；第二，司法利益支持发布ENA。如果ENA涉及因正在进行的刑事诉讼而受到起诉的个人，则诉讼所涉及的犯罪必须处以至少一年监禁的刑罚。

根据欧洲逮捕令，从波兰将指明的个人移交至另一个欧盟成员国仅能出于对该人进行刑事诉讼或执行判决的目的，该判决可包括监禁或其他剥夺自由的措施。

在某些条件下，个人可能无法根据ENA被移交。波兰法规指出了绝对禁止移交的情况，例如，若其他国家已对该人因相同行为作出最终判决，或者ENA所适用的个人因年龄不承担刑事责任，或移交将违反人权和公民自由。在某些情况下，拒绝执行ENA将取决于法院的评估和自由裁量权，例如，当波兰对根据ENA受到起诉的个人针对同一行为正在进行刑事诉讼，或ENA发布国针对相关犯罪可能判处监禁但无法寻求减刑时。

在欧洲逮捕令相关事项中，我们的律师事务所提供以下服务：

• 详细讨论欧洲逮捕令的制度、其适用性、应用范围及对被起诉人的影响；
• 协助确定发布ENA的背景情况；
• 分析被起诉人的法律及事实状况，包括制定行动策略和提出进一步行动的建议；
• 协助起草撤销ENA的申请；
• 积极参与有关ENA发布或撤销的听证会，以及与ENA执行相关的听证会；
• 与外国律师全面合作，特别是在确立与ENA发布和执行相关的情况及法律规范的必要范围内；
• 协助起草针对将被起诉人从波兰移交的决定的申诉。

我们的服务面向：

• 针对已发布ENA的波兰公民；
• 居住在波兰境内的外国人；
• 受ENA起诉人的家属；
• 员工因欧洲逮捕令受到起诉的公司。

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.