Stosowanie środków przymusu bezpośredniego wobec osób przekraczających granicę
Use of direct coercive measures against border crossers

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 the use of direct coercive measures against border crossers. Pursuant to the provisions of the Act of 12 December 2013 on foreigners, which for the most part regulates matters related to legally obtaining the right to various forms of residence in the territory of the Republic of Poland, in the absence of grounds for obtaining such a right, actions may be taken that directly or indirectly involve the use of direct coercive measures by the Border Guard or the Police. Exercising their statutory powers, officers of these services undertake actions involving, among other things, detention, leading to the border, and in the course of carrying out this action, but within the scope of their powers and with the application of the requirements provided for by the Act of 24 May 2013 on direct coercive measures and firearms, they may use direct coercive measures. Indeed, direct coercive measures may be used or employed in the event of the need to, among other things, enforce the legally required behavior in accordance with an order issued by an authorized person to counter an attack on the inviolability of the state border.

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