Criminal Law Chamber

Resolution of the Supreme Court of the Republic of Poland
of 20 July 2006 (I KZP 21/06).

Concerning executing of the European arrest warrant
issued by the Belgian judicial authority.

1. The judicial authority of the Member State of execution of the European arrest warrant may refuse to surrender the requested person if this arrest warrant has been issued in contravention of its issuing permissibility conditions.

2. Whether the surrender of the person requested by the European arrest warrant is for the purpose of conducting a criminal prosecution – on a terittory of another Member State – is determined not by the law of the Member State of execution but the law of the issuing Member State interpreted according to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).

3. Issuing of the EAW is allowed independently whether the criminal prosecution against the requested person has been already started in the issuing Member State. The surrender of such a person is allowed only if the circumstances pointed as the basis of the Euopean arrest warrant indicate that the conducting of such a prosecution is legally possible.

4. Since the surrender of the requested person is for the purpose of conducting a criminal prosecution, the person who is a subject of the European arrest warrant shall be surrendered back to the Member State of execution if the commencing of the prosecution miscarries.

      Resolution with Substantiation