European Arrest Warrant

Criminal cases sometimes necessitate the application of the European Arrest Warrant. By simplifying extradition procedures, the prosecution of offenders within the territory of the European Union member states is significantly easier. Member states have adopted common definitions for offenses covered by the EAW. The decision to arrest a suspect or convicted person is made directly by the executive authorities of the issuing state. The EAW is based on the principle of mutual recognition of judicial decisions.

The state receiving a European Arrest Warrant is obliged to recognize it and take action to arrest and surrender the person subject to the warrant. The EAW limits the possibility of refusing extradition in the case of serious offenses, such as terrorism or crimes against peace, as well as fiscal offenses exceeding a certain amount. The EAW takes into account the right to defense, meaning that every person subject to the warrant has the right to obtain effective legal assistance.

European Arrest Warrant — when can it be applied?

The European Arrest Warrant can be applied in cases of offenses punishable by at least 12 months of imprisonment. This means it can be utilized in a variety of situations. Unlike traditional extradition procedures, it is not necessary to verify whether the offense for which the person is being prosecuted is contrary to the law in both states. In certain cases, such as politically motivated offenses, a member state may refuse to apply the EAW. However, for many categories of offenses, such as terrorism or racially motivated crimes, the refusal of extradition is limited.

European Wanted Notice — how is it applied?

A prosecutor or court in one of the EU member states seeking an offender issues a European Wanted Notice. It contains information regarding the charges presented, the type of offense, and the identity of the sought person. After the Wanted Notice is issued, the state seeking the offender forwards it to the country where the suspect resides or attempts to hide. The executive authorities of the state take steps to detain the sought person based on the EAW.

Subsequently, judicial proceedings commence to determine whether the suspect can be surrendered to the state issuing the EAW. The transfer process is based on the principle of mutual recognition, which means that member states have accepted certain procedural standards and rights that allow for the expedited course of extradition. If the court finds that the conditions are met, the suspect may be surrendered to the issuing state for legal accountability.

International Arrest Warrant — what offenses does it cover?

The scope of this procedure typically includes serious offenses. These may include terrorist activities, which constitute exceptionally severe violations of public order. Such activities include planning, financing, or carrying out terrorist attacks. The International Arrest Warrant also frequently covers acts related to organized crime, such as human trafficking, arms trafficking, drug smuggling, or money laundering. Economic and sexual offenses often form the basis for issuing an international arrest warrant. Genocide and war crimes may be the subject of cooperation among law enforcement agencies of several states.

Arrest Warrant in Poland

A court or prosecutor may issue an arrest warrant in Poland when there is a concern that the suspect may flee, obstruct criminal proceedings, or reoffend. The course of this procedure is regulated by the Code of Criminal Procedure. The Polish legal system provides for various types of arrest, applied depending on the specific situation.

A person detained based on an arrest warrant has the right to defense. They must be promptly informed of the charges. They may provide explanations and seek the assistance of a lawyer. The order of arrest is subject to judicial review. The court must decide within 48 hours of detention on the application of preventive measures. Temporary detention cannot exceed 3 months. In certain circumstances, there is a possibility of extending this period. It should be emphasized that arrest in Poland, as in other countries, should be proportionate to the threat posed and must always respect the dignity of the detained person.