Criminal liability for staying and moving in the no-go zone (in a humanitarian perspective)
Czasopismo Prawa Karnego i Nauk Penalnych Rok XXVI: 2022, numer 1-2
Journal of Criminal Law and Penal Studies Volume XXVI: 2022, No. 1-2
Joanna Hetnarowicz-Sikora
Full text in PDF (open access)
Keywords
refugees, crisis, push-back, ban on free movement, 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
border 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 ser-
vices 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 criminal liability for
staying and moving in the no-go zone (in a humanitarian perspective). The prohibition
of residence in the area of the state of emergency has been analyzed quite thoroughly in
this study, but here it is worth mentioning in more detail the prohibition of residence and
movement in the border zone and in the zone of construction of state border security.
The end of the state of emergency did not result in the restoration of normal social
life in the areas near the border with Belarus. The Law on Amendments to the Law on the
Protection of the State Border and Certain Other Laws introduced significant changes
to the Law on the Protection of the State Border, basically maintaining the legal regime
in effect during the state of emergency. In turn, the Law on the Construction of State
Border Security introduced a completely new instrument, namely the ban on staying
in the construction zone.
Bibliography
Trociuk S., Stan wyjątkowy przy granicy z Białorusią – konsekwencje prawne, LEX/el. 2021.
