Use of direct coercive measures against border crossers
Czasopismo Prawa Karnego i Nauk Penalnych Rok XXVI: 2022, numer 3-4
Journal of Criminal Law and Penal Studies Volume XXVI: 2022, No. 3-4
Mariusz Krasoń, Dominik Mrozowski, Magdalena Wiśniewska
Full text in PDF (open access)
Keywords
refugees, crisis, coersive measures, border crossing, duress, Polish-Belarusian border, state of emergency, restrictions on rights and freedoms
Summary
The refugee crisis on the Polish-Belarusian border related to the appearance on the
border of a significant number of people who were brought to the territory of Belarus
and then directed to the territory of Poland in an organized manner by Belarusian ser-
vices led to a number of actions by, among others, Polish authorities, the legal aspects
of which required urgent elaboration. This article addresses the issue of the use of direct
coercive measures against border crossers. Pursuant to the provisions of the Act of
12 December 2013 on foreigners, which for the most part regulates matters related to
legally obtaining the right to various forms of residence in the territory of the Republic
of Poland, in the absence of grounds for obtaining such a right, actions may be taken that
directly or indirectly involve the use of direct coercive measures by the Border Guard
or the Police. Exercising their statutory powers, officers of these services undertake ac-
tions involving, among other things, detention, leading to the border, and in the course
of carrying out this action, but within the scope of their powers and with the application
of the requirements provided for by the Act of 24 May 2013 on direct coercive measures
and firearms, they may use direct coercive measures. Indeed, direct coercive measures
may be used or employed in the event of the need to, among other things, enforce the
legally required behavior in accordance with an order issued by an authorized person
to counter an attack on the inviolability of the state border.
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