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Analiza systemu zapobiegania i zwalczania przestępczości granicznej

100%

Perkowska M.

Archiwum Kryminologii

2016

issue XXXVIII

93-111

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.

Dobre praktyki Francji i Rosji w zakresie zwalczania przestępczości granicznej oraz zorganizowanej z udziałem cudzoziemców

72%

Laskowska K., Perkowska M.

Archiwum Kryminologii

2016

issue XXXVIII

113-124

The paper addresses the issues of appropriateness and overall effectiveness of endeavours undertaken by selected countries (France and Russia) in the area of preventing, combating, and reducing illegal migration and criminality of foreign nationals. Analyses of the overall body of experience gained by those countries, often struggling with far more serious problems than ours, make it possible to highlight a variety of approaches to the issues under study, along with identifying new, frequently more effective ways of resolving them. In the section dealing with the French solutions, the author focused on those that are aimed specifically at preventing and combating illegal migration, mainly in the form of illegal residence in France. This is due to the fact that criminal offences committed by foreign nationals in France comprise primarily those related to illegal residence or illegal entry into the country. An in-depth review of the available instruments, mainly on the basis of specific regulations comprised in the Code of Entry and Residence of Foreign Nationals, in conjunction with the provisions regulating their right to claim political asylum, allowed to identify certain specific French solutions which might well be deemed good practices, with a view to having them considered for a prospective transposition into the Polish legal system, specifically into administrative and criminal law. When assessing the French regulations in terms of good practices, it appears prudent to consider their prospective transposition into Polish criminal or administrative law, especially with regard to the following areas. First of all, one would need to consider the option of imposing a lifetime ban on the entry into Poland for committing an offence related to illegal migration, but also with regard to other common offences. It is essential in terms of combating illegal migration, to have any individual conduct involving aiding or facilitating a third party’s illegal border crossing, contravening the law regulating the length of residence, or illegal residence in other countries of the Schengen Area, or in other EU Member States, duly criminalized, and not on the territory of Poland only. Another key solution at hand consists in the option to impose a ban on residence in France, also issued in the form of an administrative decision by the Minister of Internal Affairs, which might also apply to those individuals who are not currently residing in France, or those who have never held such residence do date, whereas might be deemed potential threat to public order. In the section dealing with Russia, the author aimed to address specific projects designed to combat illegal migration of foreign nationals and criminality at large (including organized crime) undertaken in that country. It was established that the Russian Federation was actively involved in combating both phenomena. In terms of preventing and reducing illegal immigration into the Russian Federation, several specific projects have been undertaken. In particular, The Concept of State Migration Policy for 2025 was developed, which sets out the objectives, principles, tasks, key directions, and specific constraints in the implementation of state migration policy across the country. It emphasises the need for the introduction of a number of modifications of legal, organizational and social nature, aimed specifically to radically restructure a number of areas within overall state migration policy. Several amendments were made to the Russian Penal Code of 1996, pertaining to illegal border crossings, organizing illegal migration, and others, as well as to the Code of Administrative Breaches of the Law of 2001 (i.e. a series of offences in breach of border security, visa procedures, etc.).

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2 Archiwum Kryminologii

2 2016

2 Perkowska M.

1 Laskowska K.

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Analiza systemu zapobiegania i zwalczania przestępczości granicznej

Dobre praktyki Francji i Rosji w zakresie zwalczania przestępczości granicznej oraz zorganizowanej z udziałem cudzoziemców