Criminal liability for staying and moving in the no-go zone (in a humanitarian perspective) Cover Image

Odpowiedzialność karna za pobyt i przemieszczanie się w strefie zakazu przemieszczania (w perspektywie pomocy humanitarnej)
Criminal liability for staying and moving in the no-go zone (in a humanitarian perspective)

Author(s): Joanna Hetnarowicz-Sikora
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Government/Political systems, Criminology, Migration Studies, Asylum, Refugees, Migration as Policy-fields
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: refugees; crisis; push-back; ban on free movement; Polish-Belarusian border; state of emergency; restrictions on rights and freedoms;

Summary/Abstract: 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 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 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.

  • Issue Year: 26/2022
  • Issue No: 1-2
  • Page Range: 177-198
  • Page Count: 22
  • Language: Polish