Notice of freezing and confiscation orders in accordance with the Regulation (UE) 2018/1805

Part 1. Registry requirements

1. What is the procedure to lodge or present these judicial orders in the Land Register? Particularly electronic.

In Poland, the land and mortgage register is kept electronically, but a court order and motions must be submitted in the traditional way, i.e. by post office or at the court’s office. It’s not possible by mail, internal net or e-mail. This way of submitting the order will have no legal effects in land register.

2. Possibility of registering these orders in the event that who appears as the owner of a property according to the land registry («A») is a different person from the defendant (or person «B») who is issued a freezing or confiscation order against

It is possible that the judgment be registered even if the owner according to the land register is “A” and the judicial measure is concerning to “B”. If the judicial order says so, it will be entered in the land book by referendars.
The registry owner (“A”) has other legal guarantees in this legal system. He should be called or taken to the procedure, the court will issue an order in closed session and deliver it to the property owner. There is no hearing and he should be at least notified or called for a hearing within the procedure.
The judgment should indicate that there is a relationship between A and B. The judicial order-conviction identifies the convicted person and the punitive measures, for example forfeiture of the business or real estate.

3. Type and duration of the registration of these orders

• A freezing order and a confiscation order are not considered different, the same registration or notice includes both.
• The procedure of freezing order and a confiscation order are different in Poland, because a freezing order is temporary, but confiscation order is indefinite.
• A freezing order and a confiscation order are considered different; each one of them leads to a different registration or notice.
• The judicial order on the sale prohibition is issued for a specified period of time, i.e. for the duration of the trial.
• A confiscation order can only lead to indefinite registrations.
• A freezing order can only lead to provisional or temporary registrations.

Part 2. Registry effects

1. Effects of the freezing order once registered

• A warning to third parties –
• Prohibition of disposal: the owner is not allowed to sell, mortgage or carry out any other act of disposal on the property. The order blocks any possible registration.

2. Effects of the confiscation order once registered

• The confiscation of property leads to a change of the owner in the land and mortgage register by entering the state treasury.

3. What is the registry proceeding and moment in which the opening procedures of freezing or confiscation are applied for registration?

Land and mortgage register departments in Poland have not yet received applications for entry under the Regulation EU 2018/1805, therefore it is difficult to describe the whole procedure.
The motion should be submitted to the court registry office and will be registered in the electronic land and mortgage register. After registration, the applications are forwarded to the referendaries, who decide whether to make the requested entry or not.

4. What are the executing authorities of these orders in this national system and what is the role of the land registers?

In Poland the body which deal with the execution of the orders is International Cooperation Office of the National Prosecutor’s Office. This authority is indicated in the regulation on the manner of performing tasks related to the cooperation of the prosecutor’s office with international or supranational organizations operating on the basis of international agreements of December 16, 2022 and is valid from December 27, 2022. (Dz.U 2022 poz. 2730).
In practice, we have not yet applied for a motion in the land and mortgage register based on regulation EU 2018/1805. Such an application will probably be submitted for entry in the land and mortgage register in the third section and will have an information and warning function for potential buyers.

Part 3. National land registry experience

On the basis of article 756 (3) of the Code of Civil Procedure, we quite often write a ban on the sale of real estate and no contracting mortgage in land book for temporary registrations.
When it comes to criminal offences, e.g., fiscal offences, criminal offences then the prosecutor issues a decision prohibiting the sale of real estate or a compulsory mortgage and send this freezing order to land book division together with a motion.