In the face of expanding tensions on the Belarusian border, president Andrzej Duda signed a fresh law which is crucial for Poland's security. The changes it introduces are part of a broad legislative package aimed at strengthening the country's defence efforts in peacetime. The Act on the Support of Soldiers and Officers introduces crucial modifications to the Homeland Defence Act and the Criminal Code, which may importantly affect the way the Polish Armed Forces will operate in peacetime.
Key Changes to the Act
1. Military usage of Arms in the Time of Peace
One of the key elements of the fresh law is the anticipation of the Armed Forces legally utilizing weapons in peacetime erstwhile state safety is at risk. Under the fresh rules, Article 25a of the Criminal Code introduces a alleged state-of-the-art countertype of the state of higher necessity, which sets out the conditions under which the usage of weapons by soldiers and officers will be considered legal, even if it violates the rules of direct coercion. According to president Małgorzata Paprock, head of the Chancellery, in an interview with the Polish Press Agency, “President Andrzej Duda signed a bill to support the actions of soldiers and officers”, which means the introduction of fresh rules, which aim to guarantee more effective defence activities.
2. Legal protection for Soldiers and Officers
The fresh rules besides warrant legal protection for soldiers and officers who may stand trial for exceeding their powers. Under the fresh rules, any individual utilizing a weapon for authoritative purposes or giving orders to usage it, even if it violates the rules of the usage of coercion, will not be subject to punishment. Moreover, in the case of legal proceedings, the fresh rules supply for an ex officio defence to be exercised by a lawyer or lawyer. In addition, it provides for reimbursement of legal aid costs up to 20 times the rates provided for for by-law attorneys to safeguard the interests of soldiers and officers.
3. Principles of Military Gendarmerie Conduct
The fresh rules will besides regulate the manner in which the Military Gendarmery will proceed in the event of detention of soldiers suspected of a crime. Under the Act, gendarmes will be obliged to respect human rights and dignity of the uniform of a soldier of the Polish Army. The detention is to be the eventual measure, unless there is an urgent request to keep a soldier in the act.
Reactions to the fresh Law
The law introducing these changes was introduced in consequence to expanding tensions and the request to coordinate the activities of various uniformed services, peculiarly in the context of the situation on the Belarusian border. As commentators and experts have pointed out, these changes may have far-reaching consequences for the way Poland deals with threats in peacetime. The fresh rules aim not only to increase the effectiveness of defence activities but besides to supply adequate legal support for those serving in hard conditions.
Summary
The fresh Act on supporting the actions of soldiers and officers, signed by president Andrzej Duda, introduces crucial changes to Polish defence legislation. It will let the Armed Forces to legally usage their weapons in peacetime in consequence to threats to state security. The introduction of a countertype of the statutory state of higher necessity and the provision of legal protection for soldiers and officers are key elements of the fresh law. These changes aim to strengthen Poland's defence capabilities and to improve the coordination of uniformed services in the face of expanding threats.
Certainly, the fresh regulations will have a crucial impact on the functioning of the Polish armed forces and the legal system, and their effects will be observed and evaluated in the coming months.
Daniel Głogowski
Expert in his field – Publicist, author and social activist. The first articles were published in 1999 for global publishers. For more than 30 years, he has gained his experience through cooperation with the largest editorial offices. In his articles, he seeks to address controversial topics and present first viewpoints that allowed for a deeper knowing of the issues discussed.
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The military will be able to usage weapons in peacetime. – Duda signed the bill
