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PL
Artykuł poświęcony jest przestępczości, która jest związane z wykorzystaniem granicy państwowej. Skupiono się na zagrożeniach, które są jej skutkiem i negatywnie oddziaływają na strefę przygraniczną, przyjmując za obszar badań strefę przygraniczną Trójmiasta. Przedstawiono przejścia graniczne na terenie Trójmiasta oraz opisano odbywający się w ich obrębie ruch graniczny, z podziałem na przejścia graniczne lądowe, powietrzne i morskie. Ponadto ukazano w ujęciu teoretycznym zjawisko migracji przez przybliżenie pojęć z nią związanych. W kluczowej części artykułu została zaprezentowana i scharakteryzowana przestępczość graniczna, które występują na obszarze przygranicznym.
EN
This article is devoted to criminality related to exploitation of the state border. The focus in on threats that are its effect and have a negative impact on the frontier zone, taking as a reference the frontier zone of Tri-City. The border crossing on the area od Tri-City is depicted, as well as border traffic that takes place within it, with the division into border, land, aerial, overland and maritime crossing. In addition, the theoretical phenomena of migration is described through introducing related concepts. In the crucial part of this article border criminality that occurs in the board area is presented and characterized.
EN
      In this study the author indicates the main problems that appeared in Poland as a result of the opening of borders after the transition to a new economic and political system launched in 1989. The list is headed by offenses committed by foreign nationals, smuggling activities, illegal crossing of frontiers, and  population movements, especially from very low-income countries.       Border crime is defined here as both illegal border crossing, customs and currency offenses, forgery of documents and crime againts institutions. Border crime can be examined in a large numer of aspects as offenses which ere a threat to fundamental public policy interests. The crux of the matter lies in the motives and aims of the perpetrator.       When we refer to border crime we have in mind the kind of offenses that are associated with cross-border movement of persons and objects involved in an illegal activity The commission of offenses falling into this category is not confined solely to border regions. The area of operations of criminals of this kind may be the whole of a country. Border crime is crime of a special kind. Its effects and in particular its further consequences are not always visible. Nor in all such cases is there an injured party, though it should be noted that serious harm may be suffered by people smuggled across borders and that injury is caused to victims of smuggling-related car theft.       It is worth drawing attention to the etiology of this kind of crime. Among the internal influences contributing to its growth should be included the closure or collapse of workplaces, state farms and industrial enterprises, especially along Poland’s eastern border, and the consequent rise in unemployment. In recent years there has been a notable decline in the public’s standard of living, which has prompted some of them to seek alternative or additional sources of income.With increasing frequency people set their sights on swift multiplication of wealth and see in smuggling, for instance, a relatively simple and low-risk way of making money. It is worth noting  a judicial tendency towards unduly lenient treatment of perperators of border crime and to hand down light sentences (most glaringly, for organizacion of illegal border crossing). Another development has been a steep rise in the incidence of pathological phenomena among officials, such as forgery or falsification of documents, bribery or entry into the structures of criminal groups.        Much more dangerous are the external factors driving border crime, such as steadily worsening economic decline in parts o fthe Middle East, Asia and the former Soviet Union and  rising unemployment and inflation in the countries concerned. Other causes are wars, national, ethnic and religious conflicts and the inadequacy of the technical protection of frontiers. Not without significance is the continuing demand in the East for cars of Western make and the possibility of legalizing their acquisition if they have been stolen. There has also been an intensification of corrupt practices among public officials with an influence on the state of national security and inviolability of frontiers (especially among the border guard forces in Belarus and Ukraine). Also conducive to the growth of crime is the further organization and specialization of criminal groups pursuing activities on both sides of the frontier.        The author also offers a detailed picture of selected types of border crime. Her study centers on the legal and criminological aspects of the crime of illegal entry. She indicates the methods of committing this crime employed by its perpetrators at both border crossings and along smuggling routes. She depicts the mechanisms involved in the smuggling of persons with particular emphasis on the role played in such trafficking by organized criminal groups.        Another criminal activity worth attention is smuggling, chiefly of liquor, cigarettes, cars, drugs, animals, guns, etc. This crime is a threat to the economic interests of the state which incurs  significant losses of revenue in this respect.  The author brings out the complex, underground modus operandi of the criminals involved and stresses the prominence in this illicit activity of organized criminal groups.        The data illustrating border crime points to the continued persistence of threats from illegal immigration into Poland, including in many cases in organized forms, and its  transformation from a transit to a destination country. Because of the unabating demand in the former Soviet republics for Western cars rhe organizers of smuggling rings will probably develop more sophisticated methods of falsifying the documents of cars (mostly luxury models) stolen in West-European countries. As at present there will be continued smuggling, both by individuals and in organized forms (of considerable value per consignment), of liquor into Poland and of cigarettes bound for Poland and Germany. Intensification of attempts to corrupt the personnel (including senior officers) of watchtowers and border crossings.        The most important role in prevention and  suppression of border crime is played by Border Guard personnel. More and more often they are equipped with modern equipment for X-raying baggage and carry out passport checks by means of readers connected to a computer database.  Border Guard personel also engage in operations outside the border zone and conduct searches of dwellings and premises belonging to the organizers of illegal cross-border traffic. Not infrequently they face an increased element of risk. Criminals often possess firearms, gas and other dangerous implements. Hence the importance of specialist  training, physical fitness, unarmed combat skills and the ability to handle weapons.        An important erement in fighting border crime is cooperation with other public institutions. Preventive action and operational, surveillance and investigative measures aimed at improving the state of security and public order and detection and expulsion of foreign nationals who have entered Poland  illegally are carried out in the border zone in collaboration with the police.                    Because of the nature or its responsibilities and the international connections of criminal groups the Border Guard maintains day-to-day liaison with its counterparts in  other countries. Among the most important areas of cooperation between the border authorities of European Union members, Central and East European countries, the United States and Canada are interchange of information about tasks, structures, jurisdictions, powers and problems relating to cross-border traffic and border crime and interaction in operational and investigative activities. There is a particularly successful record  of cooperarion with the German authorities (specifically the BGS).        It is worth stressing that amendmends to the Border Guard Act adopted in 2001 provide for its equipment with additional powers for combating corruption, including operational oversight, „sting” operations, the offering or acceptance of bribes, and imposes on Border Guard personnel and employees the requirement to file declarations of assets. The powers in question could be a significant boost to the prevention and suppression of border crime.
EN
The paper aims to review the legal solutions, mainly within the statutory powers of the Border Guard (BG) services, meant to ensure an efficient system of combating and preventing border crime. Statutory powers and prerogatives vested in the Border Guard service are deemed sufficient in terms of implementing its statutory objectives. It is important that in dealing with illegal immigration BG officers have the right to carry out operational reconnaissance and a range of monitoring tasks. BG officers also regard their scope of statutory prerogatives as sufficient, which was corroborated by their opinions voiced during the interviews. The interviewees, officers on duty on both the Polish internal section of the EU border and the external EU border section, carrying out the actual checks at the border checkpoints, as well as serving in the operational and investigative division indicated that their present powers and prerogatives are sufficient and allow them to conduct the preliminary investigative proceedings effectively, as well as collect pertinent material evidence as needed. The author advocates establishing a special border checks regime at the Polish- -Lithuanian border, pursuant to the concept of EU border protection, as implied by the provisions of Article 67, Section 3, of the Treaty on the Functioning of the European Union, envisaging that the European Union shall endeavour to ensure a high level of security through appropriate crime-prevention measures, since Lithuania’s external borders appear to be insufficiently secured. In line with the concept of a bolishing internal border checks, most of the financial resources, including those originating in the aid funds designed to facilitate border security and prevent illegal migration, are allocated to the external borders. As far as the border section with Lithuania is concerned, more direct financial support should be allocated down there, with a view to facilitating the use of the latest technologies in the area of law enforcement and combating border crime beyond the border crossing itself. Besides, the appraisal of the situation on this section of the border, due to its particular status, leads to the conclusion that it would be prudent to collect statistical data on border crime along the Polish section of the EU inner border, whilst operationally dividing its length into the sections bordering with the respective EU countries. This would effectively reveal the scale and the actual dynamics of border crime along these sections, as well as facilitate preventing it more effectively. In view of the extensive use being routinely made of numerous documents like an invitation to trade cooperation, an invitation to a cultural event, etc. in order to obtain the Schengen visas, whereas in fact the true the purpose of entering the country is purely commercial, or for outright smuggling purposes, it might be prudent to consider issuing the singleentry visas. Since the ostensible purpose of a foreign national’s entry into the Schengen area, in conformity with his/her own declaration, is to attend a single cultural event or a single meeting, it is totally unjustified to grant him the permit to cross the border and stay abroad for 90 days within a half-year period. This would effectively allow to at least partially eliminate obtaining visas for other purposes than the declared ones. The introduction of the VIS system for the citizens of Russia, Belarus, and Ukraine might well be deemed a success. The system will facilitate eliminating the practice of having one’s personal data altered and applying for brand new documents and brand new visas for persons already covered by a temporary ban on entry into Poland, as provided by Article 318 of the Foreign Nationals Act. In the author’s view, Poland should not yield under the barrage of complaints expressed by the visitors and continue to collect fingerprints upon the issuance of visas, and when crossing the state border. This facilitates the detection of offenders making use of the ‘look-alike’ method when passing through a border checkpoint and producing another person’s ID. The VIS system makes an essential contribution to combating illegal migration effectively.
EN
The above article deals with the issue of cross-border crime. The article consists of two integral parts. In the first one, the author presents the basic concepts of cross-border crime as well as the role and tasks of the Border Guard in combating border crime. In the second part, based on the statistical data of the Bieszczady Border Guard Unit in the field of combating border crime, the author shows the contribution of the border formation in improving the state of internal security of the state. The above article is the beginning of a discussion on the role of border formations in combating organized crime.
PL
Powyższy artykuł omawia kwestię przestępczości transgranicznej. Artykuł składa się z dwóch integralnych części. W pierwszej Autor prezentuje podstawowe pojęcia z zakresu przestępczości transgranicznej oraz rolę i zadania Straży Granicznej w zwalczaniu przestępczości granicznej. W drugiej części, na podstawie danych statystycznych Bieszczadzkiego Oddziału Straży Granicznej w zakresie zwalczania przestępczości granicznej. Autor pokazuje wkład formacji granicznej w podniesienie stanu bezpieczeństwa wewnętrznego państwa. Powyższy artykuł stanowi zaczątek do dyskusji nad rolą formacji granicznych w zwalczaniu przestępczości zorganizowanej.
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