Principles of engaging troops in peacetime and utilizing means of direct coercion and weapons are the most crucial issues regulated by the bill signed by president Andrzej Duda. The document, which is intended to improve the operations of emergency services, besides determines how they can be detained in the military and what support they can then expect.
Act amending certain laws to improve the activities of the Armed Forces of the Republic of Poland, Police and Border Guards were passed by Parliament on July 26 in the event of a state safety threat. The amendment of the government was undertaken, among others, by the Ministry of National Defence. The paper was created to resolve doubts about the powers of uniformed services and troops, including after Military Police stopped 3 soldiers, who during the service were to fire informing shots against migrants attempting to breach the border.
Military operation during ‘P’
The Act, which president Andrzej Duda signed on 14 August, amends among others. Home defence Act. For example, the definition of a military operation carried out in the territory of the Republic of Poland during peace (‘P’). It is recorded that soldiers will be able to be active (except for exercises and training) in an organised action to guarantee the safety of the external state "in peculiar in situations of threat to the state border, critical infrastructure facilities, human safety or property in crucial size", if the services under the Ministry of the Interior will request specified support. The rules besides concern the assistance that allies can supply during specified action.
The decision to conduct a military operation in the country will be taken by the Head of the Armed Forces on a proposal from the Council of Ministers. The President's order is to specify the number of soldiers to act, the tasks to be carried out, the area of operation to be carried out, and the duration of the operation, which may not exceed 60 days on a single occasion (but with the consent of the Sejm it may be extended respective times).
Direct coercion and usage of weapons
Soldiers directed to act in peace will "have the right to usage means of direct coercion, the usage of weapons and another weapons" in the cases mentioned in the Act, but will then gotta take into account the principles of specified conduct laid down in the binding global agreements and global customary law. It will besides be possible to usage troops, subdivisions, including ships and aircraft, for specified action, but only in the finality and with the agreement of the commander. The Act besides stresses that the usage of weapons or another weapons should be a definitive measurement erstwhile direct coercion is not possible. Detailed guidelines for the usage of weapons in each of the peacekeeping operations are to be laid down in the order of the Minister of National Defence.
The fresh law besides amended the Act on Direct Force and Firearms. According to them, a soldier of the Military Gendarmerie, as well as a police officer or the Border Guard, does not commit a crime if, in the event of a direct and unlawful attack on the inviolability of the state border ‘in violation of the principles of the usage or usage of means of direct coercion or firearms’, he refuses an assassination on the life of his or her person, provided circumstances require immediate action. The offence will not be committed by the gendarmes or by an officer who will in specified a case order ‘use or usage of direct coercion in violation of the rules on their usage or use’. A akin provision appears in the Law on Defence of the Motherland, but in this case the clause "does not commit a crime" refers only to giving an order incompatible with the rules of direct coercion, but does not apply to firearms anymore.
Soldiers will besides be entitled, as described by the President's Office, to “recognise” people who have been straight coerced, to usage weapons or another weapons, but “taken” should be handed over immediately to the Police, Police or Border Guard.
Legal assistance
Soldiers and officers who, following the usage of direct coercion, the usage of weapons or another weapons, or the usage or usage of direct coercion or firearms in connection with the performance of their duties or duties, will be charged with committing a crime will be able to benefit from the support of a public defender. Soldiers who do not choose to make specified a decision will be able to receive assistance in the form of reimbursement of the costs of the trial. specified support will be granted before the completion of the procedure and will not be recoverable regardless of the outcome.
Soldiers suspended in their duties due to criminal proceedings against them for criminal offences committed following the usage of direct coercion, weapons or another weapons in connection with the performance of tasks or duties will be able to hold the right to full remuneration. However, the decision shall be taken by the unit commander taking into account the circumstances of the incident.
The Act besides introduced changes concerning the very retention of soldiers. It should respect honour and dignity. In addition, detention during the performance of the duties ‘can be utilized as a last hotel unless it is essential to halt a soldier in the act’.
"Thank you for preparing and voting on these rules. They will shortly enter into force," wrote president Andrzej Duda on social media. "I believe that they will facilitate the dense service of our soldiers, facilitate the most efficient execution of tasks," he noted.
