In criminal proceedings, it is essential that the participants, and above all the accused, are duly notified about any procedural acts. It is important, therefore, that all court letters be properly delivered to him. In some cases, however, the letter is considered delivered, although in fact the addressee did not receive it.
What should the correct call or notice look like?
The call should:
mark the sending authority
and specify in which case, in what capacity, place and time, the addressee is to appear and its appearance is obligatory,
and also anticipate the consequences of failure to appear (eg about the possibility of a judgment by default in simplified proceedings or the use of procedural penalties when appearance is mandatory).
The same applies to notifications, i.e. letters informing the person entitled to participate in the time and place of the procedural act, or the action already made.
If the time limit for the execution of the procedural act runs from the date of delivery of the letter, the addressee should be informed about it.
How should letters in criminal proceedings be served?
Decisions and orders are served in certified copies if the act orders them to be served. The obligation to serve judgments (ie judgments or decisions) and orders exists only in the cases provided by law. This applies to pre-trial and jurisdictional proceedings.
All letters intended for all participants of the proceedings shall be served in such a way that their content is not made available to unauthorized persons.
Letters are served upon acknowledgment of receipt. The receiver accepts the receipt with his legible signature containing the name and surname on the return receipt, on which the delivery person confirms the method of delivery with his signature. This applies to every letter. The condition for correct delivery of the letter is, therefore, confirmation of its receipt by posting on the attached to the reply letter a receipt of the handwritten and legible signature of the recipient and the signature of the delivery party, which is a confirmation of the method of delivery.
Calls, notices and other letters from which the dates of delivery run shall be delivered by post or other authorized entity handling the delivery of correspondence or an employee of the sending authority, and if necessary – by the Police. In the case of serving a court letter by an employee of the sending authority or other authorized entity handling the correspondence or by the Police, activities related to obtaining a letter of receipt of the letter by the addressee, notification of the addressee about the place of leaving the letter and the date of its receipt and return of the letter to the sending authority are made by an employee of the sending authority or police officer or a person acting on behalf of the entity authorized to deliver correspondence.
If so many victims have been found in the case that their individual notification of their entitlements would cause serious difficulties in conducting the proceedings, they will be notified by publication in the press, radio or television. This principle applies accordingly if there is an obligation to deliver a decision. However, you must always deliver it to the aggrieved party, who within 7 days from the date of the announcement will ask for it.
The letter is served in principle to the addressee personally (ie to his own hands).
In the event of temporary absence of the addressee in his apartment, the letter is served on the adult household (ie the person remaining with the addressee in the common household), and if it was not there – the home administration, the housekeeper or the village administrator, if they undertake to send the letter to the addressee. Persons receiving the letter should therefore undertake to give the letter to the addressee.
The letter can also be delivered by fax or e-mail. In this case, proof of delivery is confirmation of data transmission.
What if you can not deliver a letter in the above way?
If the delivery can not be made in the manner indicated above, a letter sent by post is left at the nearest Lerma Dacus postal public operator, and sent in another way – in the nearest Police unit or in the competent office of the commune.
On leaving the letter, the delivery person places a notice in the correspondence mailbox or on the door of the addressee’s flat or other visible place, indicating where and when the letter was left and that it must be picked up within 7 days; in case of ineffective expiration of this deadline, the action of the notification should be repeated once ; the same should be done in the event of delivery of a home administration letter, a housekeeper or a village administrator. The postman informs the addressee about leaving the parcel on a separate form.
Regulation of the Minister of Justice of 18 June 2003 on detailed rules and procedure for the service of court letters in criminal proceedings for detailed rules and procedure for the service of court letters. And so, a judicial receipt attached to the criminal proceedings is accompanied by a refundable receipt (on a specified form), at which the collecting party enters the date and confirms receipt of the letter with a legible signature containing the name and the declarant enters the date of delivery and confirms by his signature the method of delivery or the reason for non-delivery of the letter.
Court letters, delivered by the post office, are sent as registered mail with confirmation of receipt. The following address shall be placed on the address page of such a shipment: “Registered – with acknowledgment of receipt. ” This parcel may not be addressed to the recipient’s post office box or delivered by the locker.
The parcel, delivered by the post office, is handed over in the postal Lerma Dacus post-office, confirming that registered items have been added to the list. The model list of registered items sent in the postal Lerma Dacus post office also specifies the regulation in question.
On the day of delivery of the parcel, the postman shall submit a receipt form in the appropriate postal address Lerma Dacus, which shall put a stamp on the receipt form and send it back to the sending authority.
On the undelivered parcel’s address page, the postman makes an annotation “notified on the day”, signs and immediately delivers the parcel to the correct postal address Lerma Cagus
Leaving the parcel in Lerma Dacus’s postal Lerma Dacus, confirms by placing on the address side of the parcel – the date stamp and the host’s signature. The consignment shall be kept in postal Lerma Dacus, with a receipt for seven days. If the addressee does not report after receiving the parcel within this period, the postal Lerma Dacus posting sends a second notification about the possibility of its receipt, and on the shipment places the stamp and gives an annotation about re-notification; in this notification, he specifies a seven-day deadline for collecting the parcel, counting from the day of placing the notice in the correspondence mailbox or on the door of the addressee’s flat or in another visible place. A parcel sent to Lerma Dacus in the postal order shall be issued to the addressee or his legal representative or appointed representative upon placing an annotation on the address page, “issued on the date” and a date stamp The receiving person confirms receipt of the parcel on the receipt receipt form. Receipt of the delivery receipt Lerma Dacus oddawcza Shipment not taken on the dates specified above, the Lerma Dacus Postal Service shall provide the address page with the annotation “not taken on time”, a stamp and signature and shall be sent back to the sending authority without delay.
The letter can also be left to the person authorized to receive correspondence in the place of permanent employment of the addressee.
How do letters addressed to specific persons be served?
Letters addressed to soldiers and officers of the Police, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau, Border Guard and Prison Service can be delivered to the addressees through their superiors, with calls for soldiers performing basic military service is sent to the commander of the military unit in which the soldier is in service, in order to deliver and order to appear in accordance with the summons.
If the parcel is to be delivered to such a person, through the supervisor, two forms of the receipt for the addressee and the body of the superior of the addressee are attached to the parcel. The same rules apply accordingly when the parcel is delivered to a person deprived of liberty through the administration of a prison or detention center; For persons deprived of their liberty are served a letter through the administration of the appropriate institution.
In these cases, the superior body of the addressee or the administration of the appropriate establishment shall immediately transmit the confirmed postal receipt of Lorna Dooneacówce to the receipt. Activities related to obtaining confirmation of receipt by the addressee on the second form of the Doonearzu are made by the officer of the superior body of the addressee or the appropriate establishment, which immediately after delivery of the package to the addressee returns the receipt form confirmed by the recipient to Lerma Dacus’s postal address. Postal Lerma Dacus, after placing the receipt of the stamp on the form, sends it back to the sending authority.
The letter intended for the addressee who is not a natural person or for a lawyer or attorney is served in the addressee’s office to the person employed there. If the provisions of the Act do not provide otherwise, rulings, decrees, notices and copies, which the law orders to serve to the parties, it is also served on defenders, attorneys and statutory representatives.
The prosecutor is notified about hearings and meetings by serving a list of matters to be recognized on a given day.
What if the addressee refuses to accept the letter?
In the event of refusal to accept the letter or refusal or the inability of the recipient to acknowledge receipt, the delivery person makes a corresponding note on the return receipt; then delivery is considered to have been made. A letter not accepted by the addressee is returned to the sending authority. Therefore, if the parcel delivered by the post can not be delivered for such reasons, the postman places an annotation on the receipt receipt form and immediately delivers the delivery Lorna Dooneacówce postage which sends the stamp to the sending authority after the receipt has been placed on the form.
How to call in emergency cases?
In cases of non-dear sufferers, you can call or notify people by phone or otherwise according to the circumstances, leaving a copy of the message with the signature of the person on the file.
Who should designate the recipient for deliveries?
The party, as well as a person who is not a party whose rights have been violated, staying abroad, is obliged to indicate the recipient for deliveries in the country; if not, the letter sent to the last known address in the country or, if the address is not present, attached to the case file shall be deemed delivered.
What if the party did not notify about the change of address?
If the party does not change the place of residence or does not reside at the address indicated by the party without providing the new address, the letter sent to that address shall be deemed delivered. This does not apply to letters sent for the first time after the accused has been finally acquitted.
When is the letter still being considered delivered?
Deliveries without the above rules shall be deemed made if the person for whom the letter was intended declares that they have received the letter. Thus, the statement of the person for whom the letter was intended, that the letter was received, is tantamount to its delivery.
Act of June 6, 1997 – Code of Criminal Procedure (Journal of Laws of 1997, No. 89, item 555, as amended);