Przeszukanie osoby i tzw. czynności podobne do przeszukania jako uprawnienia funkcjonariuszy Policji
Search of a person and acts similar to search of a person as the police powers
Author(s): Justyna KaraźniewiczSubject(s): Criminal Law, Security and defense, Criminology, Penal Policy
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: search of a person; personal control; preventive check; police powers; personal inviolability; criminal proceedings;
Summary/Abstract: Searching a person is an act carried out in criminal proceedings. The legislator also provides for acts similar to search a person, which are non-trial powers and they are taken on the basis of the Police Act. It is especially personal control, which is one of the most important Police’s administration and order-keeping powers. Personal control was the subject of a judgement of the Constitutional Tribunal, which led to significant changes in the Police Act. After the amendment to the regulations, there are three separate activities – a search of a person, a personal control and a new preventive check. The purpose of the article is to compare the indicated rights. The analyses include the premises and the purpose of taking activities, the scope of permitted activities and measures to protect a person against unlawful limitation of his rights and freedoms. The analyses made in the article allow for the assessment that, despite legislative changes, legal regulations are still not precise and do not allow to clearly define these activities. The most important objections are still raised to a personal control.
Journal: Studia Prawnoustrojowe
- Issue Year: 2020
- Issue No: 49
- Page Range: 111-126
- Page Count: 16
- Language: Polish