Uitspraak
RECHTBANK AMSTERDAM
INTERNATIONALE RECHTSHULPKAMER
the Circuit Court in Świdnica, Polen (hierna: de uitvaardigende justitiële autoriteit) en strekt tot de aanhouding en overlevering van:
1.Procesgang
2.Identiteit van de opgeëiste persoon
3.Tussenuitspraak
4.Weigeringsgrond als bedoeld in artikel 12 OLW
With regard to the European arrest warrant issued for [de opgeëiste persoon] , born on the [geboortedag] 2001 in [geboorteplaats] , with file reference Ill Kop 74/25, and in response to the request of 19 August 2025 for supplementary information, the District Court of Law in Wałbrzych wishes to inform you that in case III 1712/19 the District Court of Law in Wałbrzych scheduled the main trial for the 1st of October 2020. A notification about this scheduled date of the trial was sent to [de opgeëiste persoon] , to the address provided by him during the interview/interrogation in the preparatory proceedings, that is: 7/16 Dmowskiego Street, Wałbrzych. There were two notices of attempted service left for him by a postal operator and then it was returned to the Court as a postal item not collected/picked up by the addressee within the prescribed time limit. The said postal mail was deemed to have been served in the mode specified in Article 133 paragraph 2 of the Code of Criminal Procedure (i.e. by substituted service). At the trial on the 1st of October 2020, after completing the preliminaries, the Presiding Judge of the judicial panel ordered the opening of the judicial process and briefly presented the charges listed in the indictment. Because of the fact that the accused persons did not appear at the trial, the Presiding Judge read out - pursuant to Article 389 paragraph 1 of the Code of Criminal Procedure - the explanations provided by the accused persons. Then, he ordered the evidentiary proceedings. Pursuant to Article 392 paragraph 1 of the Code of Criminal Procedure and Article 394 paragraph 1 of the Criminal/Penal Code the Court decided that (the transcripts of) the testimonies of witnesses listed in the indictment be considered disclosed in their entirety without reading them out as it took the view that the direct taking/hearing of this evidence at the trial was not indispensable because the parties had had the opportunity to familiarize themselves with the contents thereof. After that the Presiding Judge ordered an adjournment of the trial until the 29th of October 2020 in order that information on the accused persons' criminal histories/previous convictions could be included in the case files. Pursuant to Article 402 paragraph 1 of the Code of Criminal Procedure the Presiding Judge did not order that the accused persons be notified about the new date of the trial.
5.Slotsom
6.Toepasselijke wetsbepalingen
7.Beslissing
[de opgeëiste persoon]aan
the Circuit Court in Świdnica, Polen voor de feiten zoals die zijn omschreven in onderdeel e) van het EAB.