Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Polish national to be surrendered for execution of suspended sentence after failing to update address
|
or click here to request site subscription to search and view all judgments |
The High Court has ordered the surrender of a Polish national to Poland to serve a one-year prison sentence, initially suspended, following his non-compliance with probation conditions. The court found that the individual had waived his right to attend his trial by not updating his address with Polish authorities, thus allowing the trial to proceed in his absence. The decision to activate the suspended sentence, made without the individual's knowledge, did not breach his rights of defense as it did not constitute a 'trial resulting in the decision' under the relevant European legal framework.
European Arrest Warrant (EAW), surrender, suspended sentence, probation conditions, in absentia, rights of defense, waiver, Framework Decision, European Court of Justice (ECJ), European Convention on Human Rights (ECHR), activation of suspended sentence, correspondence of offenses, assault causing harm, Minister for Justice, High Court, Poland, identity confirmation, judicial authority, minimum gravity requirement, notification of trial, pre-trial proceedings, unequivocal waiver, informed decision, non-compliance, execution of sentence.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
