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CZYNNOŚCI OPERACYJNE – BEZPIECZEŃSTWO OBYWATELI A BEZPIECZEŃSTWO FUNKCJONARIUSZY

100%
Stojer-Polańska J.
Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje
|
2014
|
vol. 16(16)
464-473
EN
The article concerns operational and reconnaissance activities. Described were services eligible to perform such actions, as well as an objective scope of operational activities. For there is a lack of statutory definition of appointed activities. Presented were controversies related to operational and reconnaissance activities, that is a conflict of the right to security with the right to freedom. Signalized was also a necessity of providing legal security to officers, who perform operational activities.
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Stosowanie tymczasowego aresztowania względem członka zorganizowanej grupy przestępczej w kontekście prawa jednostki do wolności

71%
Skoczylas-Wardzyńska K.
Problemy Prawa Karnego
|
2020
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vol. 4 (30)
|
issue 4
181-196
EN
The article analyses grounds for application of pretrial detention in respect of individuals who have been charged with the criminal offence of participation in an organised criminal group or with participation in an organised criminal association aiming at committing a criminal offence. The paper addresses two presumptions: 1) the presumption of fear that a suspect or the accused shall obstruct criminal proceedings because of their participation in an organised criminal group; 2) the presumption that the suspect or accused shall attempt to obstruct the proper conduct of the proceedings because of the threat that they will be severely punished. The author tries to answer the question whether the presumptions underlying application of pretrial detention at the early stages of criminal proceedings are sufficient for extension of pretrial detention. This is particularly important given the fact that these presumptions operate in schemes which might raise fears that orders of pretrial detention are used as an element of criminal policy against criminal groups. It must be noted that application of pretrial detention enters the sensitive realm of human rights and civil liberties. On the other hand, a failure to apply pretrial detention makes it difficult or even impossible for law enforcement authorities to effectively break up criminal networks and prevent them resurfacing. The fight of law enforcement authorities against organised crime requires application of adequate custodial and non-custodial measures by criminal justice system but is connected with a need to respect personal freedom guaranteed by the Polish Constitution and international treaties.
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