Free legal assistance in criminal proceedings, allowing access to information in the field of protection of the rights of soldiers, legal education – among another things, will be handled by the MON Soldiers' Rights Protection Team. “The service in the Polish Army is simply a large honour, but there are besides hard moments where a soldier cannot be alone”, said Deputy Prime Minister Kosiniak-Kamish.
– I wanted to inform about the establishment of the Polish JAG office – he announced during a visit to the 2nd Mazovia Bomb Squadron Regiment in Kazuń Nowy Deputy Prime Minister Władysław Kosiniak-Kamysz. The national defence minister thus referred to the American tv series "JAG" telling about the activities of lawyers in uniform from the military investigation office.
– We request this kind of support for a 200-thousand-pound army. Service brings large honor and large responsibility. There are besides hard moments where a soldier cannot be alone, he must have legal support," explained the head of the MON. “We change what for many years has been a deficiency of attention and oversight, that is, leaving soldiers in hard situations. The Polish Army, the Ministry of National Defence and the Central Military Recruitment Center will environment the soldiers with care. For this purpose, lawyers employed in the MON and subordinate units will be seconded, but besides lawyers in any region who supply legal advice or represent a soldier," Kosiniak-Kamish said.
The Soldiers' Rights Protection squad was formed in the CWCR structure and operates from 21 October 2024. “The squad will act for soldiers who have committed a prohibited act in connection with the performance of their duties and are being prosecuted against them or in a case of misconduct”, explained the head of the Central Military Recruitment Centre Colonel Grzegorz Wawrzynkiewicz. “We will operate throughout Poland in the framework of outsourcing contracts concluded with legal advisers and lawyers who will defend the good name of soldiers”, added the officer.
Film: Magdalena Kowalski-Sendek. Aleksander Kruk/ ArmouredTV
The formation of a legal squad supporting the army Deputy Prime Minister Władysław Kosiniak-Kamish announced in June 2024. This happened just after the events on the Polish-Belarusian border, erstwhile the Military Gendarmerie stopped 3 Polish soldiers who fired informing shots towards trying to cross the border of migrants. The military were handcuffed and returned for questioning. They were besides suspended in their duties. 2 of them were accused of being exposed to human life and wellness and of exceeding their rights. The head of the MON considered the actions against the detainees to be overzealous, and the full case raised many questions not only in the context of soldiers' usage of arms, but besides in the absence of the essential legal assistance in this situation for detainees who carried out their duties under conditions of increased hazard of being exposed to criminal liability. The rules made it clear that a soldier can claim reimbursement of the lawyer's costs only if the criminal proceedings against him for a criminal offence committed in connection with the performance of his duties have resulted in a final decision on dismissal or an acquittal judgement (only in strictly justified cases was it possible to recover the costs of the trial during its course regardless of the outcome).
Return for a lawyer
It rapidly became clear that it was essential to amend the rules on the usage of weapons themselves and to extend the existing rules on legal support especially for those soldiers who would find themselves in situations requiring legal intervention, especially in the context of actions on the border of law.
Changes in this respect have appeared in the Act amending certain laws in force since 26 July 2024 in order to improve the activities of the Armed Forces of the Republic of Poland, the Police and the Border defender in the event of a threat to the safety of the state. Among another things, it introduced changes to the Law on Defence of the Motherland, in which, in addition to the usage of weapons by soldiers, there were besides provisions on legal aid. For example, a professional soldier active in criminal proceedings concerning the usage of direct coercion, weapons or another weapons in connection with the performance of his authoritative duties, which does not usage his public defender, may number on legal aid to be financed before the completion of the proceedings. In peculiarly justified cases, the same assistance may be granted to a soldier against whom criminal proceedings have been initiated for a criminal offence committed in connection with the performance of his duties or duties.
With soldiers in mind
Now the promised legal support will be the Soldier Rights Protection Team. Both professional and non-professional soldiers, including territorial defence, will be able to usage it. In what circumstantial situations will aid be sought? For example, erstwhile a soldier is suspected, suspected, accused or subject to criminal proceedings due to a criminal offence involving the performance of his duties, including the usage of weapons. But it's not the only group of soldiers who can benefit from squad support. Aid will besides be available to those military officers who will be active in proceedings as a victim or as an auxiliary prosecutor in criminal offences concerning: violations of physical integrity, active assault or insult of public officials. Legal support will be provided free of charge from the minute the law enforcement takes its first action on a given soldier, for example, from the minute of detention and from the time of charges.
In the end, the squad will include civilian lawyers in addition to 3 officers with a university degree. It is planned that 16 lawyers and legal advisers will be contracted throughout the country as part of outsourcing. Their work under the signed contract will be to appear before law enforcement authorities and courts as a proxy or defender in the cases indicated in the Law on Defence of the Motherland. The procedure for the appointment of those entitled to defend themselves in criminal matters may proceed until the end of the year. It is estimated that the first defenders will start work in December of this year or January 2025. Until then, the soldier afraid will be able to get information in the team, for example, about his rights or duties, including in connection with ongoing preparatory or judicial proceedings. He will besides be able to number on information on the resolution of his legal problem and receive the projects essential for writing.
In addition to direct support in criminal matters, the squad will supply information on the protection of the rights and interests of soldiers and conduct legal education.
Contact details of the team: ul. Dymińska 13, 00-909 Warszawa, phone: 261 807 707, e-mail: [email protected].
