The anticipation of utilizing the army for independent actions in Poland during peacetime and extending the legal protection of actions undertaken by soldiers – these are the main assumptions of the bill, which is to improve the actions of the military, the Police and the Border defender against the threat of State security. The paper covers the usage of weapons in peacetime by soldiers who serve, for example, at the border.
The changes in regulations that have been prepared are an example of a situation that took place 2 weeks ago. Onet portal revealed at the time that the Military Gendarmery stopped at the turn of March and April 3 Polish soldiers for having fired informing shots towards trying to cross the border of migrants. The military were handcuffed and returned for questioning. 2 of them have been accused of being exposed to human life and wellness and of exceeding their rights. Soldiers were besides suspended in service.
The day after the disclosure of this information Deputy Prime Minister Władysław Kosiniak-Kamysz admitted that the Żandarmeria, erstwhile making the arrest, proved overzealous. And Prime Minister Donald Tusk after a peculiar gathering with the heads of defence and justice departments announced changes in law. – The rules are clearly intended to support the Polish soldier erstwhile he uses weapons in self-defense or in the territory of Poland. He must have a sense of legal security," said Tusk. On the occasion of the incident, it turned out that there was inactive a deficiency of adequate rules to let effective usage of the military at the border. Soldiers operate in crisis situations, helping borderers or police officers based on the powers of these services, but this is insufficient. It has so become essential to amend the rules.
The bill prepared by, among another things, the MON to amend certain laws in order to improve the activities of the Armed Forces of the Republic of Poland, the Police and the Border defender in case of a state safety threat was adopted on Wednesday by the Council of Ministers. The paper introduces modifications to, inter alia, the Criminal Code and laws on: defending the homeland, Border Guards, Police, Direct Force and Firearms.
Military operation
The first proposal is to introduce the word "military operation conducted in the territory of the Republic of Poland during peace" into the law on defence of the homeland. specified an operation is to be understood as an "organised action of the armed forces carried out to guarantee the safety of the country's external security, not training or training", as well as the operation of allied troops supporting the Polish Army in Poland. The usage of armed forces in specified an operation is to be decided by the president at the request of the Council of Ministers.
"It was besides essential to add provisions setting out the conditions and manner of usage of force under peaceful conditions for soldiers to be able to carry out a military operation during peacetime", the representatives of the MON explained. The proposals contained in the task thus confer on peace-time soldiers the power to apply direct coercion measures, weapons and another weapons. This will be possible, for example, in order to defy a direct and unlawful attack on the life, wellness or freedom of a soldier or another person, in order to defy a direct, unlawful attack on the inviolability of the state border or in a situation where a individual fails to comply with a call for the immediate abandonment of a weapon or an explosive the usage of which may endanger the lives, wellness or freedoms of others. These fresh provisions mean that soldiers will be able to operate under the powers of the armed forces and will not be required to give them the powers provided for by border guards.
The bill besides included a provision concerning the countertype of the crime, that is, the exclusion of criminal liability for an act committed under peculiar conditions, in this case by soldiers, borderers and policemen. This concerns situations where the usage or usage of means of direct coercion, weapons or another weapons cannot be justified by circumstantial circumstances (including the request to defend the life, wellness or freedom of a soldier, officer or another person) which require immediate action.
Legal protection
The task besides involves extending the legal protection of soldiers. Currently, in accordance with the Law on Defence of Homeland, a professional soldier is entitled to reimbursement of the costs incurred for legal aid only if the proceedings are concluded in favour of the accused soldier (martial or acquittal). "In justified cases, it is possible to reimburse the costs of the process during its course, regardless of its outcome, but observations related to the usage of the armed forces for the protection of the state border should be assessed as essential to supplement", argued the MON experts. Therefore, following the amendment of the rules, soldiers and police and border guards who are under criminal proceedings concerning the usage of direct coercion, weapons or another weapons, in connection with the performance of their duties, will be able to request the appointment of a public defender (a lawyer or legal adviser). Those who do not want to take advantage of this option will be able to number on the backing of legal assistance provided to them by the defender by choice.
The proposals besides include changes in the payment of remuneration to a soldier suspended in service activities or temporarily arrested. Currently, in this case, 50% of the basic wage (from the nearest payment deadline) and the payment of fixed allowances (return is made in the event of resignation or acquittal of the soldier). The draft assumes that in specified situations it will be possible (by decision of the commander of the military unit following the circumstances of the case) to hold the right to these financial claims. ‘It is about soldiers against whom criminal proceedings have been initiated for a criminal offence committed by means of direct coercion, weapons or another weapons in connection with the performance of tasks or duties,’ the representatives of the MON explained. These provisions are besides to apply to cases commenced before the entry into force of the Act.
The task besides clarifies the rules on the detention of soldiers by the Military Gendarmery. The fresh evidence states that the detention of an active soldier must take place in addition to respect for the dignity and honour of the soldier and military service, including the uniform of the soldier of the Polish Army, with "the detention at the time of the performance of his duties or duties must be regarded as a last resort, unless it is essential to detain the soldier in the act".
Legal aid office
Following the fresh regulations, the Office of Legal Assistance for Soldiers is to be established in the structures of the Central Military Recruitment Centre. It will support soldiers subject, inter alia, to criminal proceedings following the usage of means of direct coercion, weapons or another weapons in connection with the performance of tasks or duties. Aid will be provided free of charge from the minute the law enforcement takes its first action in the case of a soldier, e.g. from the minute of detention and even before the charges are made.
