SZCZEGÓLNE UPRAWNIENIA ŻOŁNIERZY ORAZ FUNKCJONARIUSZY POLICJI I STRAŻY GRANICZNEJ W ZAKRESIE KORZYSTANIA Z POMOCY OBROŃCY
SPECIAL RIGHTS OF SOLDIERS, AND OFFICERS OF THE POLICE AND THE BORDER GUARD WITH REGARD TO THE USE OF THE ASSISTANCE OF COUNSEL FOR THE DEFENCE

Summary/Abstract: The article is of a scientific and research nature, and it analyses the right, granted by the Act of26 July 2024 amending certain acts in order to improve the activities of the Armed Forces of theRepublic of Poland, the Police and the Border Guard in the event of a threat to state security , toa request for the appointment of public counsel for the defence made by a soldier, or an officerof the Police or the Border Guard accused of a crime committed as a result of the use of directcoercive measures, the use of weapons or other armaments, or the application or making useof direct coercive measures or firearms in connection with the performance of certain officialactivities or tasks (Article 78a of the Code of Criminal Procedure), as well as broader possibilitiesof providing financial support to soldiers in covering the costs of legal assistance incurred bythem in cases concerning a crime committed in connection with the performance of official tasksand activities (Article 296 par. 5 and Article 316 par. 5 of the Act on the defence of the Homeland).In addition, the provisions authorising the reimbursement of legal assistance costs to officers ofcertain other services are analysed. The main scientific objective is to assess the justification forthe introduction of these amendments to the criminal procedure law, as well as other existingsolutions that privilege soldiers and officers of certain services in terms of access to counsel forthe defence. The main research theses aim to demonstrate that these changes lead to a violationof the principle of equality before the law. The results of the study are original in nature, as theyindicate the need for the legislator’s intervention. The study is of great importance for science, asit contains a dogmatic analysis and a large load of theoretical thought, and for practice,as it indicates directions for the interpretation of the premises for the application of the newprovisions, and thus may contribute to their uniform application.

• Details
• Contents