Permissibility of search, deprivation of property, restriction of contacts and detention of immigrants in the context of the powers of controlled individuals Cover Image

Dopuszczalność przeszukiwania, pozbawiania mienia, ograniczania kontaktów i zatrzymywania imigrantów w kontekście uprawnień osób kontrolowanych
Permissibility of search, deprivation of property, restriction of contacts and detention of immigrants in the context of the powers of controlled individuals

Author(s): Katarzyna Trzosińska
Subject(s): Criminal Law, Government/Political systems, Migration Studies
Published by: Polska Akademia Umiejętności / Krakowski Instytut Prawa Karnego Fundacja
Keywords: refugees; crisis; search and seizure of belongings; Polish-Belarusian border; procedural guarantees;

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 permissibility of search, deprivation of property, restriction of contacts and detention of immigrants in the context of the powers of controlled individuals. Searching is one of the well-established regulations of criminal procedure, it is closely related to the implementation of its objectives, and besides, it is usually associated precisely with criminal procedure . A search constitutes an interference with constitutionally protected rights and freedoms (personal inviolability and the right to privacy) and is subject to a number of requirements that must be met in order for the authorities appointed to carry out this activity properly. Currently in the Polish legal order there are a number of regulations that in essence correspond to the search and seizure of things within the meaning of the Code of Criminal Procedure, but their norms do not meet the guarantee standards provided for this institution.

  • Issue Year: 26/2022
  • Issue No: 1-2
  • Page Range: 137-154
  • Page Count: 18
  • Language: Polish