With the entry into the Public Prosecutor's Office of the General Request addressed by the competent authorities of the United States of America for the detention of Polish director Roman Polański, the controversial issue of issuing Polish citizens to law enforcement authorities of the state returned third.
Complicating this subject is added by the fact that in the Polish legal system, in principle there is a ban on extradition of the Polish citizen - the exception may constitute such possibility, among other things, by the international extradition agreement ratified by Poland.
However, it is worth considering in this case the essence of the recurring problem, which is the very issue of the Polish citizen to another country.
In this case, it is particularly important that the director is prosecuted in the United States for child rape 1977. However, it should be pointed out that, despite the great determination of the American side to complete the proceedings through extradition of the director, such a solution is unlikely. It's not significant. first US proposal in this case - similar proposal in the year 2010 was directed after the director's extradition to the US was refused by the Swiss Ministry of Justice.
Then in July 2010 The General Prosecutor's Office concluded in its non-binding interpretation that the Polish authorities issued Roman Polanski to another country was impossible due to the limitation of the criminality of his actions in Polish law, while one from extradition conditions is a condition for the prosecution of a crime in both countries.
Complicating this subject is added by the fact that in the Polish legal system, in principle there is a ban on extradition of the Polish citizen - the exception may constitute such possibility, among other things, by the international extradition agreement ratified by Poland.
Poland and the USA are bound by the agreement between the Republic of Poland and the United States of America on extradition from 10 July 1996, But her Article 4 provides that none of the States is obliged to issue their own nationals, and that such a person will be likely to be issued if deemed to be "appropriate and possible". The application of the agreement is therefore not conclusive in any case.
The analysis of the subject on the example of Roman Polański proves that extradition is still an institution whose application is confusing and requires discussion.