Service of documents - national proceedings

Poland

Poland - Code of Criminal Procedure 1997 (2003) EN

Service of documents

Article 128. § 1. Decision and rulings shall be served in the form of certified copies, if service thereof is required by law.

§ 2. All documents addressed to the parties of the proceedings shall be served in a manner calculated to render their contents inaccessible to unauthorised persons.

Article 129. § 1. The summons shall designate the agency serving the documents, and the addressee shall be informed as to the case, the capacity and the place and time for his appearance and whether it is mandatory. He shall also be warned of the consequences of a failure to appear.



§ 2. The provision of § 1 shall be applied to notices accordingly.

§ 3. If the time-limit for effecting a procedural action runs from the day of service, the addressee should be informed thereof.

Article 130. The documents shall be served against a receipt. The recipient of a document shall confirm the receipt and the date of delivery by clearly signing his name on a receipt of service in which the person serving the document shall set forth the manner in which service has been effected, signing a statement to that effect.

Article 131. § 1. For summons, notices and other documents, whose date of service activates the time-limits, shall be served to the addressee by mail or by personal delivery by an official of the agency effecting the service, or if necessary by the Police.

§ 2. If, in a given case, the number of the injured found is such that serving upon them the individual notices of their rights would constitute a major impediment to the conduct of proceedings, such injured shall be notified through an announcement in the press, radio or television.

Article 132. § 1. Documents shall be served personally upon the addressee.

§ 2. If the addressee is temporarily absent from his place of residence, a document shall be served upon an adult member of the household of the addressee and, if no such person can be found, upon the house administrator, janitor or village bailiff, if such person agrees to deliver the document to the addressee.

Article 133. § 1. If service cannot be effected as prescribed in Article 132, the document dispatched by mail shall be left with the nearest post office and the document served in a different manner shall be left with the nearest unit of the Police, or with the appropriate office of the lowest level of local government..

Article 585.
1) service of documents on persons staying abroad or on agencies having their principal offices abroad,

Article 586. § 1. The request to have a document served upon a person who is a Polish citizen and is staying abroad, or to have such person examined as an accused, witness or expert, shall be addressed by the court or state prosecutor to a Polish diplomatic mission or consular office.

§ 2. If this action cannot be performed as provided for in § 1, such a request may be addressed to a court, prosecutors' office or other appropriate agency of the foreign state. If this request is for a search, for confiscation and delivery of a material object, the

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:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;