Conducting hearings on the recognition of Border Guard requests for detention measures against foreigners (practical tips)
Czasopismo Prawa Karnego i Nauk Penalnych Rok XXVI: 2022, numer 3-4
Journal of Criminal Law and Penal Studies Volume XXVI: 2022, No. 3-4
Daniel Macur
Full text in PDF (open access)
Keywords
refugees, crisis, placement in a detention facility, Polish-Belarusian border, state of emergency, restrictions on rights and freedoms
Summary
The refugee crisis on the Polish-Belarusian border related to the appearance on the bor-
der of a significant number of people who were brought to the territory of Belarus and
then directed to the territory of Poland in an organized manner by Belarusian services
led to a number of actions by, among others, Polish authorities, the legal aspects of which
required urgent elaboration. This article addresses the issue of conducting hearings on
the recognition of Border Guard requests for detention measures against foreigners.
The procedure for applying the aforementioned detention measures is similar to the
proceedings related to the application of preventive measures, as provided for in criminal
procedural norms. The legislator explicitly stipulated that the provisions of the Code of
Criminal Procedure are applied accordingly to the proceedings on placing a foreigner
in a guarded center, applying a detention center for foreigners, extending the period
of a foreigner’s stay in a guarded center or in a detention center for foreigners and
releasing a foreigner from a guarded center or from a detention center for foreigners,
except that the activities reserved for the prosecutor can be performed by a Border
Guard officer.
Bibliography
