Abstract
The paper presents selected key problems of Directive 2014/41/EU regarding the European Investigation Order in criminal matters within the context of its Polish implementation in 2018. The paper focuses on the concept of investigative measures, administration of justice and exclusionary evidence rules as a limitation of issuing a Polish EIO. Additionally, the study attempts to approximate the reduced procedural mechanism in the context of issuing the ECI.
Highlights
On February 8, 2018, another amendment to the Code of Criminal Procedure of 1997 entered into force, introducing the institution of the so-called European Investigation Order
The implementation of the solutions adopted in the Directive allows Polish courts or authorities conducting preparatory proceedings to submit applications to other EU countries for the taking of evidence located in that country, and to EU countries to apply to Poland for the taking of evidence located in the territory of the Republic of Poland2
The adopted provisions of Art. 589w - 589zs k.p.k. introduce into Polish procedural criminal law a new instrument of evidence law in the form of the European Investigation Order, which, in the light of the classification of procedural acts adopted in Poland, will constitute a procedural decision in the form of an order to issue an EIO, on the one hand, in the event of a Polish procedural authority, and a decision on execution of the EIO issued by the Polish procedural authority at the request of the authorized procedural authority of the EU Member State for the execution of the EIO issued by the authorized authority of the issuing State on the other3
Summary
On February 8, 2018, another amendment to the Code of Criminal Procedure of 1997 entered into force, introducing the institution of the so-called European Investigation Order. The amendment implemented Directive 2014/41/EU of the European Parliament of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters Adding another ample, albeit necessary, legal instrument of evi-. The substantive goal of the implementation was - as stated by the Polish legislator - to ensure an efficient and effective system of mutual legal assistance in criminal matters between EU Member States in the field of evidentiary activities by introducing the possibility of issuing a European Investigation Order. In the dissenting ambiguous position submitted by Poland, it was stated that Poland generally supported the proposal to simplify and accelerate mutual cooperation in criminal matters, even by replacing existing evidence-gathering solutions with one instrument based on this principle, noting that further work should be preceded.
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