Poland Extradition Law — Case Law, Legal Framework and Procedure

Extradition cases involving Poland — Requested and Requesting State

🇵🇱

Poland

Poland Extradition Law & Case Law — 18 cases

3
As requested
state
15
As requesting
state
Case Law
EAW to Poland: enforcement of a sentence rejected as the proceedings were not adversarial
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Summary
The proceedings sentencing the requested individual were not adversarial. The requested individual was present at the first hearing regarding his case and was notified of the adjournment to the hearing at which the judgment was delivered. He did not attend the latter, was not represented by a lawyer, did not receive personal service of the judgment and has no further means of appeal.The extradition request is rejected on optional grounds for refusal.
01/09/2021 · Appeal Court of Aix-en-Provence · 2021/1706
🇫🇷France → 🇵🇱Poland
DeniedEAW
EAW enforcement of a sentence rejected as the proceedings were not adversarial
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Summary
The proceedings sentencing the requested individual were not adversarial. The requested individual was present at the first hearing regarding his case and was notified of the adjournment to the hearing at which the judgment was delivered. He did not attend the latter, was not represented by a lawyer, did not receive personal service of the judgment and has no further means of appeal.The extradition request is rejected on optional grounds for refusal.
30/06/2021 · Appeal Court of Aix-en-Provence · 121/MAE/2021
🇫🇷France → 🇵🇱Poland
DeniedEAW
Polanski case: refusal of extradition where the sentence has already been effectively served and surrender would be disproportionate
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Summary
Extradition may be refused where surrender would give rise to a real risk of violations of fundamental rights under the ECHR, including where the requested person may have already effectively served the sentence underlying the request or where surrender would entail a disproportionate interference with personal liberty; issues may also arise under Article 7 ECHR where extradition relies on the retroactive application of subsequent treaty frameworks to offences arguably time-barred under the previous legal regime. Furthermore, a cassation appeal is admissible only in the presence of a manifest and serious violation of law and does not extend to a reassessment of facts or evidence.
06/12/2016 · Poland Supreme Court · 192/2016
🇵🇱Poland → 🇺🇸United States
DeniedExtradition
Country Contributor
Łukasz Lasek
Wardyński & Partners
Partner at Wardyński & Partners, Łukasz Lasek handles international commercial disputes and criminal cases involving serious fraud, corruption, and money laundering.
He is a certified mediator at the Mediation Centre at the Polish Bar Council.
In addition to Polish qualifications, he is also admitted as a solicitor in England and Wales (not currently practising).
He is member of: Warsaw Bar Chamber, Law Society of England and Wales, Young Arbitrators Sweden, European Criminal Bar Association, Academy of European Law (ERA), Dean’s Global Advisory Board Indiana University Maurer School of Law (Bloomington, USA) and International Bar Association, Committee Liaison Officer on the Criminal Law Committee.
Country Contributor
Artur Pietryka
Wardyński & Partners
Partner at Wardyński & Partners, Artur Pietryka has experience conducting criminal proceedings, particularly in cases involving economic offences and corporate entities. He also handles cases involving personal and moral rights
He has successfully represented clients in proceedings before the European Court of Human Rights in Strasbourg.
He actively handles pro bono matters, including for the Helsinki Foundation for Human Rights and the Panoptykon Foundation.
He is member of Warsaw Bar Chamber and Human Rights Committee, Polish Bar Council (vice chair)
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