The Taipei Representative Office in Poland and the Polish Office
in Taipei, desiring to improve the effective legal cooperation
in criminal matters based on the principles of mutual respect,
respect for human rights and rule of law, have agreed as
follows:

Article 1.
General Provisions
1. This Agreement regulates principles and procedures of legal
cooperation in criminal matters in the areas of mutual legal
assistance, extradition, transfer of sentenced persons,
information sharing on law and its practical application,
information sharing on prosecuting of crimes and crime
prevention.
2. The Taipei Representative Office in Poland and the Polish
Office in Taipei shall inform each other of the name or names
of the Central Authority or Central Authorities responsible
for performing functions envisaged in this Agreement, as well
as of changes in the name or contact information of such
Central Authorities.
3. This Agreement is without prejudice to the obligations of
Poland arising from its membership in the European Union.

Article 2.
Scope of Application
1. This Agreement shall be applicable in cases that remain
within the competence of courts and prosecution authorities.
2. This Agreement shall not give rise to a right on the part of
any private party or natural person to obtain, suppress, or
exclude any evidence, or to impede the execution of a
request.

Article 3.
Mutual Legal Assistance
1. The Central Authorities shall endeavor to assure efficient
cooperation of courts and prosecution authorities in the
field of mutual legal assistance, in accordance with the
applicable national law and this Agreement, in connection
with the investigation, prosecution or court proceedings.
2. Mutual legal assistance shall include in particular
transmitting the requests for:
(a) taking the testimony or statements of persons; the
authorities designated by the Requested Central Authority
shall permit the presence of such persons as specified in
the request during the execution of the request, and shall
allow such persons to pose questions to the person giving
the testimony or statement and to make minutes or a verbatim
transcript, in a manner agreed to by the authorities
designated by the Requested Central Authority,
(b) paragraph 2 (a) of this Article shall be applied to
authorize the authorities designated by the Requesting
Central Authority to take testimony or statement of a person
located in the territory to which request has been directed,
by use of video transmission technology,
(c) providing documents, records, and articles of evidence,
(d) locating or identifying persons,
(e) serving documents,
(f) executing requests for searches and seizures,
(g) examining objects and sites,
(h) assisting in proceedings related to freezing or forfeiture
of assets.

Article 4.
Extradition
The Central Authorities undertake to afford each other the
widest measure of cooperation, in accordance with the applicable
national law and this Agreement, in respect of extradition, with
a view to preventing impunity by surrender of persons against
whom criminal proceedings were instituted, for the purpose of
conducting such proceedings.

Article 5.
Transfer of Sentenced Persons
The Central Authorities undertake to afford each other the
widest measure of cooperation, in accordance with the applicable
national law and this Agreement, in respect of the transfer of
persons deprived of liberty on account of a criminal offence,
with a view to facilitating their social rehabilitation into
their own society.

Article 6.
Information Sharing on Law and Its Practical Application
The Central Authorities shall share, upon requests, in
accordance with the applicable national law and this Agreement,
information on legal rules and regulations that are or were in
force on their territories and on the practice of their
application.

Article 7.
Information Sharing on Prosecuting of Crimes and Crime
Prevention
The Central Authorities may share, in accordance with the
applicable national law and this Agreement, information
necessary to prosecute and prevent crimes including terrorist
crimes.

Article 8.
Transmission of Requests
1. The requests in the cases covered by this Agreement shall be
transmitted directly between Central Authorities.
2. Before transmitting the request the Central Authorities shall
consider whether its execution would violate human rights,
sovereignty, security, fundamental principles of law or other
important interest of the territory to which request has been
directed; in the case of Poland such interest includes
obligations resulting from its membership in the European
Union.
3. Before transmitting the request the Central Authorities shall
consider whether it fulfills the requirements set forth by
the other Central Authority.

Article 9.
Languages
In the mutual correspondence concerning the issues under this
Agreement, the Central Authorities shall use their own official
languages, along with translation into English.

Article 10.
Consultations
The Central Authorities shall consult each other, at times
mutually agreed by them, with a view to promoting the most
effective cooperation in the areas covered by this Agreement and
in order to develop better practical measures to facilitate this
cooperation.

Article 11.
Execution of Requests
1. The Central Authorities shall do everything in their power in
order to execute the request promptly.
2. Each of the Central Authorities shall promptly inform the
other Central Authority on the result of proceedings toward
execution of the request, including the denial of execution
and the reason of the denial, and shall respond to inquiries
by the other Central Authority on the progress toward the
execution of the request.
3. The Central Authority to whom the request for mutual legal
assistance has been directed shall comply with the request of
the other Central Authority to follow special procedure or
special form at its execution, unless it would violate the
law in force on the territory to which the request has been
directed.

Article 12.
Personal Data Protection
Personal data transferred in the cases covered by this Agreement
shall be protected according to applicable law of Taiwan, Poland
and the European Union.

Article 13.
Working Contact
Each of the Central Authorities shall prepare a list of persons
authorized to engage in the working contact in the cases covered
by this Agreement including information on their scope of
competence and shall transfer it to the other Central Authority.
The Central Authorities shall inform each other on the change of
those data.

Article 14.
Relation to Other Instruments
Assistance and procedures set forth in this Agreement shall not
prevent either of the Central Authorities from granting
assistance to the other Central Authority or Central Authorities
through the provisions of other applicable Agreements, national
or international law, principle of reciprocity or any other
arrangement, or practice which may be applicable.

Article 15.
Temporal Scope of Application
This Agreement shall apply to all requests presented after its
entry into force even if the relevant offenses occurred before
its entry into force or the judgment in the case of the
sentenced person to be transferred has been delivered before its
entry into force.

Article 16.
Entry into Force
The Taipei Representative Office in Poland and the Polish Office
in Taipei shall notify each other in writing when the internal
procedures necessary to implement this Agreement in their
respective territories are completed. This Agreement shall enter
into force on the date of receipt of the latter of these
notifications.

Article 17.
Amendment
This Agreement may be amended by the mutual consent of the
Taipei Representative Office in Poland and the Polish Office in
Taipei. The amendments shall enter into force in accordance with
the procedure set out in Article 16.

Article 18.
Duration
This Agreement shall be valid for an indefinite period of time.

Article 19.
Termination
1. This Agreement may be terminated by means of written notice
from the Taipei Representative Office in Poland to the Polish
Office in Taipei or from the Polish Office in Taipei to the
Taipei Representative Office in Poland. This Agreement shall
cease to be valid after ninety days since the date of receipt
of such notification.
2. In the event of a termination notice, cooperation and
assistance will continue and information will be provided in
accordance with this Agreement, for requests submitted before
the effective date of termination. If this Agreement shall
cease to be valid, personal data will continue to be
protected in the manner prescribed in it.

Done in duplicate at Taipei on the 17 day of June 2019 in the
Chinese, Polish and English languages, all texts being equally
authentic. In the event of any differences in their
interpretation, the English text shall prevail.


For the Taipei For the Polish Office
Representative Office in Taipei
in Poland
________________________ _____________________________