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
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: This article is scientific and research-oriented, analysing the right, granted by the Act of26 July 2024,1 which amends certain acts to improve the functioning of the Armed Forcesof the Republic of Poland, the Police, and the Border Guard in the event of a threat to statesecurity. The right concerns a request for the appointment of public counsel for the defence bya soldier, a police officer, or a Border Guard officer accused of a crime committed as a resultof the use of direct coercive measures, weapons, or other armaments, or the application oruse of coercive measures or firearms in connection with the performance of specific officialactivities or tasks (Article 78a of the Code of Criminal Procedure). The article also examines thebroader possibilities of providing financial support to soldiers for covering the costs of legalassistance incurred in cases concerning crimes committed in connection with the performanceof official tasks and activities (Article 296(5) and Article 316(5) of the Act on the Defence of theHomeland). Additionally, provisions authorising the reimbursement of legal assistance coststo officers of certain other services are analysed. The main scientific objective is to assess thejustification for introducing these amendments to criminal procedure law, as well as existingsolutions that privilege soldiers and officers of certain services in terms of access to counselfor the defence. The main research theses aim to demonstrate that these changes result in a violation of the principle of equality before the law. The results of the study are original, asthey highlight the need for legislative intervention. The study holds significant value for bothacademia, as it offers a dogmatic analysis and substantial theoretical insights, and for practicalapplication, as it suggests directions for interpretating the criteria for applying the newprovisions, potentially contributing to their uniform application.

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