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Updates on Poland
31 Dec 2005
On 10 January 2003, Poland adopted a new Criminal Procedural Code which will allow cooperation with the ICC. This code will enter into force on 1 July 2003.

Work on implementing legislation began in August 2001, with the appointment of a special team of experts to draft cooperation legislation.

On 2 August 2001, the Polish Senate approved the ICC ratification bill. The bill was then signed by the President on 27 August 2001, giving effect to the domestic legislation.

The parliamentary subcommittee approved the proposal to ratify the Rome Statute in accordance with the simple majority option on 24 May 2001. (Three options had been proposed: a simple majority vote, a qualified two-thirds majority vote, and a national referendum.) The second reading of the Rome Statute was undertaken in the Sejm (the Lower House) of the Parliament on 4 July 2001, and a third on 5 July. The ratification bill was adopted by an overwhelming majority of the House: 379 delegates voted for, 39 against, 12 abstained. The Statute then went to the Senate, which had one month to consider it.

Previously, the draft bill was sent for interdepartmental consultations to the relevant ministries in 1999. On 13 October 2000, the Ministry of Justice sent the draft bill and comments to the Ministry of Foreign Affairs, which then sent them to the Council of Ministers. The bill was submitted to the Parliament and the first reading was undertaken on 17 January 2001. All speakers, representing both the Ministry of Foreign Affairs and all major political parties, were reported to be in support of ratification.

Several constitutional issues concerning extradition and immunities were raised during the advisory process, but were resolved. The Polish Criminal Code already contains specific provisions relating to the crime of genocide, aggression, crimes against humanity, and war crimes.