Cudzoziemiec jako ofiara przestępstwa w polskim procesie karnym (prawa i obowiązki)

Abstrakt

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 a foreigner as a victim of crime in the Polish criminal process. Foreigners, including migrants, are a group particularly vulnerable to experiencing discrimination, violence and aggression. This is due to the specific life situation in which they find themselves, and often to the traumatic experiences of migration. The risk of foreigners being harmed is also reinforced by prevailing stereotypes and prejudices in a given society. The present study serves as a practical presentation of the rights and obligations of a foreigner as a subject harmed by a crime. It discusses basic issues and is not exhaustive. The subject of the analysis is only the provisions of the law, along with the existing case law and doctrine, and not the current practice of law enforcement agencies, which may be negatively affected by current policies that reveal tendencies unfavorable to migrants, resulting in numerous cases of failure by public officials to respect the rights of foreigners at the Polish-Belarusian border.