1. 51Thought LeaderLM81-17
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50 Thought Leader LM81-17
www.lawyer-monthly.com
“The punishment is a sort of medicine” as Aristotle used to say. For a while, the
tough hand of Lady Justice being directed by the will of eliminating a plaque
of crime, which affected and spread among societies, created the legal tools
for bringing the unfaithful to a rule of criminal law, to her.
Based upon the historical sources and the publications of a remarkable
extradition, experts first archived a request (official notification) for a criminal
to be brought to justice; it was a formal letter authorised by Ramses II in 1280
BC to Hittite- Hattusli III. 1
The above-mentioned document has been written using a graphic language
(hieroglyphics) and currently is being kept in the Amon Temple in Karnak. The
request was a part of the peace related treaty issued after the Hittite failure in
invading the invincible Ramses II.
CRIMINAL LAW
Aleksandra Kowalik, Law Firm Kowalik
A Brief View of The Classic
Extradition Procedure in Europe
And Its Strongest Disadvantages.
The fundamental basis of the
international cooperation aimed
on bringing the accused or
convicted person to justice; The
European Extradition Convention
signed in Paris on 13th December
1957 with its two attachments
(the Additional Protocols ruled
in Strasbourg on 15th October
1975 and 17th March 1978) were
considered.
The main establishments and
purposes has been clearly drafted
in the article 1 which states:
The Contracting Parties undertake
to surrender to each other, subject
to the provisions and conditions
laid down in this Convention,
all persons against whom the
Together with the societies’
cultural, economic and general
world view, related evolution,
including mass migration, not only
shows us that the associated crime
was unavoidable, but also the
ways of the fleeting justice system;
there is a notable progression:
crime has become cross border.
From this, it then appeared
obvious that ruling a separate
and specialised law became
essential. This shaped the Classic
Extradition Procedure in Europe
and Aleksandra Kowalik will
reveal and focus on the mutual
relationship between The United
Kingdom and Poland European
Arrest Warrant was affected and
the relation today.
intentions were to rule the new
EAW proceedings pursuant to a
principle of mutual respect and
recognition.
I will allow to focus myself on the
mutual relationship between
The United Kingdom and Poland
European Arrest Warrant, as
Poland has been taking the first
place in the first row in requesting
for the justice’s fugitives.
The crucial moment of the
cooperation between those two
countries has taken its place
in 1993 when The European
Extradition Convention and
European Council Order (section
4.1) Extradition Act 1989 Poland
became a signatory of a Treaty
with The United Kingdom.
The current cooperation pursuant
to the Council Framework Decision
13th June 2002, following my
observations as a practitioner
in both jurisdictions, drew my
attention to the necessity for a
mutual cooperation, not only
between the Member States’
authorities, but inter alia, the
lawyers from both countries as the
ways of defending the requested
persons are completely different;
this will see the result meeting at
one point, namely the successful
defence.
In accordance to my experience,
the designated Westminster MC
Judge or the CPS representing
the requesting state often ask for
the further information, especially
a related passage of time, but
without knowing a Polish criminal
procedure and general responses,
it is difficult to find the answers for
the asked matters.
It is not enough for the requesting
state (namely Poland) to
provide the British authorities with
unspecified information instead of
a detailed list of the undertaken
domestic warrant activities.
Unfortunately, regardless of the
fugitive position, the delay itself
has often been caused not by
fleeting or hiding by the RP but
by a simple inactivity of the Polish
Judicial Authorities for many years.
The similar issues refer to “in
absentia” proceedings and
doubts with the summons for the
trial as Polish criminal system allows
for serving the summons (signed
for correspondence) to any adult
person staying at the address
regardless his bonds/ relationship
or other kind of connections with
the summoned person, regardless
Aleksandra Kowalik, Kancelaria Adwokacka
Email: aleksandrakowalik@op.pl | Web: www.akowalik.com
I. 2000-2005- The Faculty of Law and Administration of Nicolaus Copernicus
University in Torun
i. graduated on 7th July 2005- Master of Law;
II. 2005- 2008- Statutory judical trainee at the District, Regional and Appeal
Divisions Court in Torun:
ii. 2005-2007: Criminal Divisions (first and higher instances including
Prosecution Service);
iii. final criminal examination;
iv. 2007- 2008: Civil Divisions & Family Divisions (first and higher
instances);
v. 2009: final judical examination certificated by the Ministry
of Justice;
III. 2000- 2009- Legal trainee at Andrzej Kowalik’ s Chambers (Bar Practice);
IV. 2009- called to the Bar- member of the Regional Bar Council in
Bydgoszcz;
V. 2009- 2012- Frame cooperation with Andrzej Kowalik’ s Chambers
VI. since 2012- has been running the individual Bar Practice;
VII. since 2013- Registered European Lawyer in England and Wales;
VIII. since 2014- member of The Honourable Society of The Inner
Temple;
IX. Since 2015- the PhD researcher- The Department of the Criminal Procedure-
European Arrest Warrant issues between The United Kingdom and Poland
(comparative law report).
X. Member of European Criminal Bar Associaton, International Bar Association
and Academy of European Law in Trier.
XI. The areas of the expertise: criminal law, criminal procedure including the
international criminal cooperation and mutual assistance, extradition (European
Arrest Warrant) between The United Kingdom and Poland, taxation- VAT,
VAT frauds, commercial disputes a, international trade agreements, medical
negligence claims.
XII. Awarded by ACQ Global Awards 2016- Poland- Cross Border Law Firm of
the Year (Poland- UK);
XIII. Awarded by Finance Monthly Global Awards 2016- Firm of the Year:
Criminal Defence Law (Poland);
XIV. The life motto: “there are no facts, only interpretation”- Friedrich Nietzsche.
ABOUT ALEKSANDRA KOWALIK
of the possibility that the judicial
correspondence will never have
been passed to the addressee.
Cooperation is especially
important in relation to the non-
convicted persons; as a Polish
defence lawyer, there is an open
way for negotiating with the Polish
Judicial Authorities for issuing an
“iron letter” – however the letter
relates only to non-convicted
(can be accused) or not accused
persons, which means one cannot
apply after being sentenced
(even in non-abiding sentences)
because the letter has only been
established for the investigation
stage.
competent authorities of the
requesting Party are proceeding
for an offence or who are wanted
by the said authorities for the
carrying out of a sentence or
detention order.
Ruling the Convention does not
mean there has been a legislative
hole or inactivity. The United
Kingdom is fully entitled to take a
pride in the fugitives’ exchange
based upon and pursuant to the
drafted arrangements (dated
on 1174) between King Henry II
of England and King William of
Scotland. The similar arrangements
have been issued between
Edward I and French King Philip in
1303.
The crown establishment of
a classic extradition was the
citizenship related bar as the
requested stated that it could use
its refusal right to extradite its own
citizen (article six of The European
Extradition Convention).
The further basic assumption of a
classic extradition system drafted
in the Convention (1957) was a
recognition of accusation or a
conviction for a political offence
as a potential bar for extradition.
None of above has been
established by the Council
Framework Decision of 13 June
2002 on the European Arrest
Warrant and the surrender
procedures between Member
Stat- neither in the absolute bars
to extradition (article four) nor in
the compulsory bars mentioned in
article five.
Various range of arbitrary and
underspecified grounds for refusals
requests, including the diplomatic
authorities’ involvement which
the requests and all the relevant
correspondence, have been
passed through and have had
an impact for a pace of requests
consideration, even though the
Convention did not establish
a passage of time as a bar for
extradition.
Nevertheless, the lack of passage
of time does not change the fact
that both extradition and EAW’s
proceedings aim to bring one, as
soon as it is possible, to a specific
justice as one must bear in mind
the expiration time of chased
offences or crimes.
To simplify and speed up
the extradition proceedings
within the Members States, the
European Council in Tampere was
established in 1999. The Council’s
The range of iron letter negotiations
allows for granting bail conditions
similar to those recognised by
the British rule of law, resulting in
EAW’ s withdrawal.
The above-mentioned
cooperation would, in my opinion,
enable savings to costs and
significantly improve, not only the
pace of the proceedings, but
would limit its complexity.
Nevertheless, without arranged
seminars, conferences or other
types of joined trainings, it
seems the mutual cooperation
is impossible without a mutual
awareness of the grounds of the
domestic procedures. LM
It is not enough for the
requesting state (namely Poland)
to provide the British authorities
with unspecified information instead
of a detailed list of the undertaken
domestic warrant activities
1. C. Nicholls QC, C. Montgomery QC, J. B. Knowles QC, A. Doobay, M. Summers: The
Law of Extradition and Mutual Assistance (3rd Edition) Oxford University Press, page 4