POLAND Law and Practice Contributed by: Tomasz Konopka, Katarzyna Randzio-Sajkowska, Katarzyna Stradomska-Balcerzyk and Michał Zieliński, Sołtysiński Kawecki & Szlęzak
defence efforts across borders, and ensuring compli - ance with applicable national procedural safeguards. Mutual Legal Assistance (MLA) Cross-border evidence gathering through MLA requests requires careful scrutiny. Defence strategies should include: • challenging the admissibility of evidence obtained through MLA where procedural requirements were not met; • ensuring that evidence gathering complied with both the requesting and requested state’s legal standards; and • identifying conflicts between different jurisdictions’ procedural protections. Parallel Proceedings Defendants may face simultaneous investigations or prosecutions in multiple jurisdictions. Defence strate - gies must address: • coordination of legal representation across jurisdic - tions; • managing disclosure obligations and privilege issues in multiple forums; • seeking consolidation of proceedings where appro - priate; and • invoking ne bis in idem protections to prevent mul - tiple prosecutions for the same conduct. Asset Freezing and Recovery Cross-border asset freezing orders and confiscation proceedings require prompt defensive action. Poland implements EU instruments including the European Investigation Order and mutual recognition of freezing and confiscation orders. Defence strategies include challenging the legal basis for asset freezing, demonstrating legitimate ownership or third-party rights, and contesting the proportionality of measures imposed. International Cooperation with Non-EU States Poland maintains mutual legal assistance treaties with numerous non-EU countries. Defence counsel must understand the specific requirements and limitations of applicable treaties, including:
• dual criminality requirements; • specialty principles limiting prosecution to speci - fied offences; • human rights protections and refusal grounds; and • procedural safeguards in evidence gathering. Strategic Considerations Effective cross-border defence requires: • early engagement of local counsel in all relevant jurisdictions; • comprehensive analysis of jurisdictional issues and forum selection; • coordinated communication strategies to avoid inconsistent positions across jurisdictions; • proactive engagement with authorities to resolve jurisdictional conflicts; and • careful management of privilege and confidentiality across different legal systems. Data Protection and Cross-Border Transfers GDPR compliance is critical in cross-border investi - gations. Defence strategies should address the law - fulness of cross-border personal data transfers and ensure that evidence gathering respects data protec - tion rights. Practical Challenges Cross-border defence faces practical obstacles including language barriers, differing legal cultures, varying standards of procedural fairness, and coordi - nation difficulties. Building a network of trusted inter - national counsel and maintaining expertise in com - parative criminal procedure is essential for effective representation. 5. Key Trends and Future Outlook 5.1 The Year Ahead Next year may bring an increase in legislative work, as Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law, replacing Directives 2008/99/EC and 2009/123/EC, stipulates the deadline for the transposition of its provisions by Member States until 21 May 2026. The EU’s Member States should adopt appropriate solutions to increase
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