Prawne i instytucjonalne uwarunkowania ścigania przestępstw przerzutu imigrantów przez wschodnią granicę Rzeczypospolitej Polskiej jako zewnętrzną granicę unii europejskiej
Legal and Institutional Conditions for Prosecuting Smuggling of Immigrants Across the Eastern Border of the Republic of Poland as an External Border of The European Union

Summary/Abstract: The aim of this study is to present the current legal and institutionaldeterminants of prosecuting the crime of immigrant smuggling [Article 264(3) of thePenal Code] across the north-eastern border of the Republic of Poland, on the Russian,Belarusian and Ukrainian sections, as an external border of the EU, in accordancewith the provisions of the Schengen Information System. The thesis of the study isthat the state authorities and institutions, while combating border crime, includingthe crime specified in Article 264(3) of the Penal Code, fulfill the obligations imposedon them by national and EU regulations on cross-border security. In Poland, the leading service in this regard is the Border Guard (THE BORDER GUARD). The study firstdiscusses terminology and then characterises the crime of illegal immigration as adeterminant of cross-border security. A separate attention is paid to the crime specifiedin the above-mentioned Article, which became the main area of interest of the authorof the study. In its final part, based on the legal grounds, the objectives and tasksof the Border Guard as a specialised force responsible for preventing and combatingillegal immigration are discussed. Final conclusions are formulated in the summary.The bibliography lists the legal acts, case law and literature used in the study

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