Europejski Nakaz Aresztowania Hiszpania Europa

The team of criminalists at the POLISH LAWYER are created by outstanding Attorneys who cooperate with the Law Firm in Spain, Poland, Great Britain, Italy, France and other European countries. Our specialists are known for their effectiveness.

We provide services in the field of criminal law.

What is extradition?

Extradition (Latin ex 'from which' and traditio 'giving; teaching; passing' from trans - 'for, beyond, from the other side' dare 'to give') - surrender by a state to the authorities of another state of a person staying in the territory of the issuing state , carried out in a situation where the person is suspected of committing a criminal act in the territory of the requesting country or for the purpose of serving a sentence. Extradition is carried out on the basis of an international agreement, provided that the requesting state ensures reciprocity. Most countries do not allow the extradition of their own nationals or those who have obtained the right to asylum on their territory.

A state may request extradition if the offense was committed on its territory or if the offense committed extends to its territory.

The analysis of international agreements and national legislation of states shows the three most important principles of extradition, adopted almost universally. They read as follows:

1. Only an act punishable by a penalty in both countries (the so-called double criminality principle) may constitute the basis for extradition.

2. The extradited person may only be prosecuted for the crimes which were the basis for extradition, and may only be charged with the penalty for which he was issued (the so-called specialty rule).

3. Persons who enjoy the right of asylum in the state of residence may not be extradited.

The extradition procedure is regulated by agreement. Most often, an extradition request is sent through diplomatic channels, although more and more often the request is sent directly between the ministries of justice or the prosecutor general's offices. The application should be accompanied by documentation with justification, and the offense itself, on the basis of which the extradition is to be made, should be included in the general clause or the detailed enumeration contained in the contract. The last extradition act is the surrender of the suspect by the police authorities.

EUROPEAN ARREST WARRANT

Do people wanted under the European arrest warrant have to be deported to Poland?

How do I find out if you are on the European Search Order wanted list?

The European Arrest Warrant (EAW) is a simplified form of extradition existing between the Member States of the European Union, enabling the arrest of a suspected or accused person or already convicted person and their surrender to the country where they will be brought to trial or sent to execute the previously imposed sentence.

Data on persons wanted under the European arrest warrant are stored in internal information systems of law enforcement agencies.

To determine if you are wanted EAW you can search the internet. Information can be provided by websites such as: www. Poszwani.policja.pl or www.interpol.int. Unfortunately, there is no such portal in Spain.

If you do not find your name on these pages, it does not mean that your data is not listed in any of the registers. Then you have to approach the matter in a different way. If you know which court or prosecutor's office is dealing with your case, the easiest way is to have an attorney review the files. Our clients then receive by e-mail a photocopy of the decision to issue a European arrest warrant, and if necessary, also photocopies of other available documents in the files. Then you receive information not only about whether you are looking for an EAW, but also about the wording of the charge (description of the act) and the legal qualification of the act.

Sometimes, however, it happens that someone has a turbulent past before leaving Poland and does not know who is looking for him and on what matter. Then, on his behalf, the advocate may apply to the National Criminal Register for an appropriate certificate. The National Criminal Register collects information not only on convictions, but also on whether the person wanted is an arrest warrant. Our clients always receive a scan of the relevant certificate issued by the court by e-mail.

If you are not wanted on an arrest warrant, you will also not be wanted on a European Arrest Warrant. If, on the other hand, an arrest warrant has been issued for you, then the certificate issued by the National Criminal Register will reveal who is looking for you and what is the reference number of your case files. Then, the attorney, on the basis of the files, will easily determine whether, in addition to the arrest warrant, it has been issued for you European arrest warrant .

Is the European Arrest Warrant effective?

The statistics for 2005–2013 show that Poland issued 31,000 EAWs, which constitutes 31% of the total of all warrants issued at that time across Europe. At the same time, Germany spent less than 15,000 and France 10,000.

The data show an exceptionally low effectiveness of EAWs issued by Poland. Out of 31,000 orders, only about 7,000 turned out to be effective. This is due not only to the fact that the people sought are effectively hiding, but also to the fact that foreign courts in many cases refuse to execute EAWs issued by Polish courts. In many cases, an effective lawyer is also able to have the European arrest warrant revoked in Poland before the person is returned to the country. Statistics show that there is something to fight for, both in court in Poland and abroad, and the chances of winning are greater than most people think.

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What is a wanted poster?

A wanted poster is an official advertisement placed in newspapers or (less often) put up in the form of posters, shown on television during prime-time viewing, sometimes also announced by radio, and delivered to police, border guards, etc. committing a crime or escaping arbitrarily from arrest or prison, and those who did not appear to serve the sentence of imprisonment after the conviction became final or did not return to prison after the leave or break in serving the sentence, in order to compulsorily bring them to a prison. Most often it is a type of public announcement by the prosecutor that he has issued a warrant for the arrest of the suspect. The arrest warrant usually includes the image of the wanted person (his photo or drawing, sometimes only a memory portrait), description and other personal data, if known, as well as the type of crime for which he is suspected.

The notice also includes an instruction on where to report the fact of noticing the wanted person or a person similar to him. Usually, there is also a warning that there is a penalty for possibly helping such a person and for hiding him. If you have to take into account the possibility of the wanted weapon, the information about it also goes to the arrest warrant. In the case of a search for particularly dangerous criminals, the arrest warrant also informs about the possible reward for those who contribute to the capture of the wanted person.

If the wanted person may try to take refuge outside the country, an international arrest warrant may be sent for him after meeting certain formal conditions, i.e. issuing an international arrest warrant.

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