Odpowiedzialność karna za przestępstwa popełniane w związku ze stosowaniem push-backów

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 criminal liability for crimes committed in connection with the use of push-back. The Polish legislator has introduced the so-called push-back institution into the Polish legal system. According to art. 303b. section 1 of the Aliens Act, if an alien is apprehended immediately after crossing the Polish border in violation of the law, “the commander of the border guard post responsible for the place of border crossing shall draw up a border crossing protocol and issue an order to leave the territory of the Republic of Poland”.

The above construction gives rise to considerable controversy from a constitutional and international law perspective and international law – it has been pointed out that it is contrary to the law of the European Union. At the same time, it provides a basis for the actions of state officials who, on the basis of the above-mentioned regulation, significantly interfere with the fundamental rights of an individual guaranteed by the standard of protection of human rights. The author of this study is of the opinion that the push-back procedure, i.e. the expulsion of a person who is illegally on the territory of a state, is a violation of the fundamental rights of the individual.