Taking of evidence - national proceedings

Poland

Poland - Code of Criminal Procedure 1997 (2003) EN

Article 193. § 1. If the determination of material facts having an essential bearing upon the resolution of the case requires some special knowledge, the court shall consult an expert or experts.

§ 2. A scientific or a specialised institution may also be called to give their opinion.

Article 237. § 1. After the proceedings have started, the court, upon a motion from the state prosecutor may order surveillance and recording of the content of telephone conversations, in order to detect and obtain evidence for the pending proceedings or to prevent a new offence from being committed.

§ 2. In cases not amenable to delay, the surveillance and recording of conversations may be ordered by the state prosecutor who is, however, obligated to obtain an approval for the order from the court within 5 days.

§ 3. The surveillance and recording of the content of telephone conversations is allowed only when proceedings are pending or a justified concern exists, about the possibility of a new offence being committed regarding:

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;