Poland

The case concerned a prosecution European Arrest Warrant issued by the District Court of Łódź-Śródmieście for participation in a criminal organisation, fraud, theft and impersonation of a public official. The Court of Appeal of Turin ordered surrender. The requested person challenged the decision, arguing that the EAW did not sufficiently describe his role, the specific contribution allegedly made to the offences, and the dates of commission of some of the alleged crimes. The Italian Supreme Court declared the appeal inadmissible. It held that, following the 2021 reform of Law No. 69/2005, the EAW must contain the elements necessary for the executing judicial authority to carry out its review, but it is no longer necessary to attach evidence or a detailed statement of the sources of proof. In this case, the warrant sufficiently described the requested person’s alleged participation in an organised criminal group involved in frauds against elderly persons, including the methods used, the purpose of money transfers and the role of the participants. The Court also held that the indication of a time frame for the offences is sufficient where the facts can be placed chronologically and their essential features are clear. The alleged lack of precise dates did not affect the right of defence. The appeal was therefore declared inadmissible.