Thursday, October 30, 2014

Formal defects removed. Prosecution examines American … – TVN 24

Photo: tvn24 | Video: tvn24 Martyniuk: Prosecution examines the request of the US

wants to stop American prosecutors stationed in Poland, Roman Polanski. – Deficiencies formal US application has been removed, the prosecutor examines this proposal – said a spokesman for the Attorney General Matthew Martyniuk.

PG spokesman announced that the afternoon will be more to say on this topic. – For now, we can say that the prosecution has already translation writings on the American side, so these formal shortcomings are removed and you can proceed to the merits of the proposal – said Martyniuk.



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The US authorities have requested the Polish for the arrest of 80-year-old today Polanski, who formally is wanted by Interpol and covered by the international search warrant for the purpose of extradition.

The director in 1977, r. was recognized in absentia by a court in Los Angeles found guilty of having sex with a minor, Samantha Gailey (now Geimer). Prior to the judgment secretly left the US, fearing that the judge does not meet the terms of a settlement agreement with him.

Conclusion of the US

In connection stating that Polanski arrived in Warsaw for the ceremony of opening of the Museum of the History of Polish Jews, American authorities asked the Prosecutor General’s Office and the Ministry of Justice for the arrest of the director.

A spokeswoman for the Ministry Patrycja Loose said that the Ministry of the letter from the US came to the Prosecutor’s Office General.



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– The application of the United States translated into Polish, which meets the formal requirements on Wednesday after hours. 23 received by the MS. We gave him the Attorney General – Patrycja Loose said.

She added that earlier application was received in English and therefore did not meet the formal requirement because should be formulated in the language of the country, to which it is addressed.

– The US has not complied with the formalities, but improved and re-submitted the application in Polish – she noted.

Limitation of criminality

This is not the first such proposal from the United States. Previously been requested that the Polish in 2010. When the Swiss Ministry of Justice refused to extradite Polanski to the United States. Even then, prosecutors in Los Angeles and the judiciary in Washington declared that they will continue to race director.

In July, 2010. Attorney General’s Office concluded that a possible release by the Polish director Roman Polanski to another state is impossible because limitation criminality of his act in Polish law. – This review is important, but it is not binding – Martyniuk said.



Roman Polanski …

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One of the conditions for extradition is that the offense is prosecuted in both countries and that none of them have been extinguished his criminal history. Under Polish law, a crime punishable by imprisonment exceeding three years shall be barred after 10, 15 or 20 years from the time it was committed. In the case of the murder is a 30s period of limitation shall not apply to crimes against peace and humanity and war crimes.

In 2010. Polish Prosecutor General’s Office underlined that the fact that the Polanski Polish citizenship is not a hypothetical question release it for our country prevail.

– Focusing only on the circumstances relating to the issue of Polish citizenship held by Polanski could be deduced reasonable to conclude that its release by the Polish authorities to the US authorities would be from the legal theoretically possible – PG opinion states.

The prosecution emphasizes that the Polish legal system in force a ban on the extradition of a Polish citizen. This principle, however, there is an exception and allowed the extradition of a Polish citizen at the request of another state or an international judicial body, if such a possibility arises treaty ratified by Poland international agreement or bill implementing the provisions of an international organization, of which Poland is a member.

As indicated by the PG, Poland and the US have signed an agreement on extradition. According to her, none of the Contracting States shall not be bound to extradite its own citizens, but the court may make the issue of such a person, if it considers the issue as “appropriate and possible.”

For the issue of its nationals, as indicated in the analysis may occur in addition only if the request relates to an act committed outside the territory of the Polish and constitutes an offense under Polish law.

Author: mac gak // / Source PAP, TVN 24

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Formal defects removed. Prosecution examines American … – TVN 24

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