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Use of weapons “in special situations”. The government accepted the project

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During Wednesday's meeting, the government adopted a draft bill supporting the activities of the army, police and Border Guard. The document regulates, among other things, “the issue of using weapons in special situations.”

The government accepted draft act amending certain acts in order to improve the activities of the Armed Forces of the Republic of Poland, Police and Border Guard in the event of a threat to state security – the Chancellery of the Prime Minister announced on Wednesday. The project was submitted by the Minister of National Defense.

As we read in the press release from the Chancellery of the Prime Minister, the document “regulates the issue of the use of the Armed Forces for independent actions in peacetime on the territory of the Republic of Poland and the issue of the use of weapons in special situations.”

The law firm emphasizes that “it is also about the issue of legal protection of actions taken by soldiers of the Polish Army, Border Guard and Police officers. New regulations have been proposed in connection with the migration threat on the Polish-Belarusian border.

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Use of weapons

Among the most important solutions adopted by the government, the Chancellery of the Prime Minister mentions enabling “the participation of the Armed Forces in a special military operation conducted in peacetime on the territory of the Republic of Poland.” As noted, “this includes the organized operation of the army to ensure the external security of the state (not only as support for the Border Guard and the Police).”

The Prime Minister's office informed that “in this respect, the rules for the use of direct coercion, weapons and other weapons by soldiers as part of military operations conducted in peacetime on the territory of Poland will be defined.”

“A countertype of crime will be introduced into the Penal Code, i.e. exclusion of criminal liability for an act committed in special conditions,” we read in the description of the most important points of the project on the website of the Chancellery of the Prime Minister.

The Chancellery pointed out that “this concerns in particular the use of weapons or means of direct coercion by a soldier in violation of the rules in order, among others, to repel a direct, unlawful attack on the life, health or freedom of this soldier or another person” or “to prevent actions aimed directly at to an attack on the life, health or freedom of this soldier or other person.” The condition, however, is that in each of these cases the circumstances must require “immediate action.”

New rules for detaining soldiers by gendarmes

The adopted project “will specify the rules for detaining soldiers by the Military Police.” As it was emphasized, “detention while a soldier is on duty is to be used as a last resort, unless it is necessary to arrest the soldier in the act.”

The Chancellery of the Prime Minister also noted that “it will be possible to retain the right to full remuneration and permanent allowances for soldiers who have been suspended from official duties.” It was clarified that “these are soldiers against whom criminal proceedings have been initiated for a crime committed using means of direct coercion, weapons or other weapons in connection with the performance of official duties or activities.”

“Soldiers and officers of the Police and Border Guard who are subject to criminal proceedings concerning the use of direct coercive measures, weapons or other weapons in connection with the performance of their official duties – will be able to request the appointment of a public defender (lawyer or legal advisor),” we read in the government announcement. , which added that “soldiers who do not want to use a public defender will be provided with the opportunity to finance legal assistance provided to them by a defender of their choice.”

The new regulations are to enter into force on the day following their announcement in the Journal of Laws.

Main photo source: Michał Zieliński/PAP



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