Law enforcement in Poland
Encyclopedia
Law enforcement in Poland
consists of the police force, independent judiciary
, prosecutors (the highest of whom is the Public Prosecutor General), and smaller, specialized formations.
During the period of the Polish–Lithuanian Commonwealth's existence, most law enforcement was undertaken by a group of nobles
of varying degrees of importance who possessed private armies and who, in return for political power and a place within the nation's social hierarchy, swore their allegiance, and that of their mercenary troops, to the king. As a result of the enduring power of a number of powerful 'magnates' within the social hierarchy, relative weakness of the 'elected' monarchs and continued existence of the feudal system in Polish society, centralised rule of law and enforcement of the same did not truly exist until the 1791 adoption of the 3rd May Constitution
, which aimed to weaken the golden freedoms
of the upper classes and redistribute a portion of their power amongst the mercantile middle classes. In addition to this, the establishment of a majority-voting Sejm
and increased centralisation of sovereign power under the authority of the king, led to the establishment of a standing army, provided for by the state and subordinate only to the king and authorities of the national government.
As a result of the 1772-1795 partitions of Poland
, and subsequent rule of the partitioning powers (Austria-Hungary
, Germany
and Russia
), the authority of King Stanisław August collpased and the former territories of the commonwealth came under the direct supervision of their partitioning powers' law enforcement services. In Austrian controlled Galicia, the Imperial Gendarmerie became responsible for preserving public order and later became known for being arguably the least oppressive of the three occupying powers. In both the Russian and German territories of the former Poland, it was widely reported that law enforcement agencies and paramilitaries engaged in both oppression of Polish political organisations and the forced assimilation of local culture with those of their own nations.
, the state reorganised itself along non-federalist lines and established a centralised form of government. Under the auspices of the new government, a new national police force was formed; this 'Polish State Police' (Policja Państwowa) then existed as the primary law enforcement agency for the entire nation up until the outbreak of the Second World War in 1939. During the inter-war period, a number of key law enforcement duties were delegated to other formations, such as the Border Guard and Military Gendarmerie
.
With the end of World War II and the onset of the communist period
, the new Soviet backed government decided to radically change to structure of policing in Poland; the state 'Policja' was renamed as the 'Milicja Obywatelska
' (Citizen's Militia), a name which was meant to reflect a change in the role of the police, from an instrument of oppression ensuring the position of the bourgeoisie, to a force composed of, and at the service of 'normal citizens'. Ironically the reality turned out to be largely the opposite and the Milicja instead represented a rather state-controlled force which was used to exert political repression on the citizens. The Milicja was for the most part, detested by the general populace; events such as the police's conduct during the Gdańsk Shipyard Strike and surrounding the Popiełuszko affair, only worsened the people's view of their law enforcement agencies.
After the fall of the communist government in Poland, the system was reformed once again, this time reviving the pre-war name of 'Policja' and albeit with a few minor changes, the general system of law-enforcement of the Second Republic
.
is a largely centralised state, regional law enforcement agencies do not really exist in the way that they do in the United States, Canada, Germany
or the UK. In Poland, the national police service (Policja
) is directly responsible to the central government, and whilst it operates with an organisational structure that allows voivodeship
commands to exist, the regional authorities do not have any major say in law enforcement policy, and cannot affect the day-to-day operations of their local force.
To counteract the effect of having a centrally controlled national police force, which could, it is argued, overlook minor criminal cases of only local importance, local communities are allowed to raise their own municipal police
forces, which despite not being endowed with the power to perform arrests or carry weapons, do retain a number of other powers by which to ensure public order. Failing the required effect of these powers, such municipal officers are also entitled to request the support of a member of the national police in detailing with their case. It should be noted however, that municipal forces cannot investigate criminal cases, and exist only to enforce local and national by-laws.
In addition to local and national 'police' forces, there are also a number of specialised agencies which operate with more specific objectives in mind.
A list of current law enforcement agencies created by national statute
law (Ustawa):
. In addition to this, the police have also, over the past few years, been taking receipt of an entirely new fleet of service vehicles, liveried in German-style blue reflective and silver colours. Previous to this, the Policja rarely modified or in any way replaced (except for the black utility uniform) the communist-era uniforms used as standard across the force; in addition to this, squad cars and other vehicles were nearing the end of their service lives, with many older models, such as the FSO Polonez
, having already become completely obsolete.
A large proportion of the Policja's modernisation program has been sped-up and improved with the help of funding attained from EU law and order development grants.
(Cee'd
model - ca. 4000 in use) Škoda
(mainly Octavia
), Opel
(mainly Opel Astra
) and Volkswagen
; the FSO Polonez
(manufactured in Poland) is no longer in service with the Policja. Other law enforcement agencies operate more standardised fleets which usually contain only one or two vehicle models. This is usually because municipal police forces source all the cars of their small fleets from one firm so as to reduce cost, whilst more specialised services buy large fleets of vehicles specific to their requirements, an example of which would be the large use of all-terrain Land Rover Defenders by the Border Guard.
Beginning in 2009, the State Police's vehicular paint scheme is being modified to a silver body design with blue reflective strip, similar to modern German police cars.
Traditionally, vehicles were painted a dark blue color with side doors painted in white, and with white stripes and the word "POLICJA" on both sides. Earlier versions (used at the beginning of 1990's) had a thinner stripe with the word "POLICJA" written under it. This has been done in order to minimise the cost to the tax payer, as once vehicles have reached the end of their service life, they can simply have the reflective strips removed and be sold on second-hand.
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
consists of the police force, independent judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, prosecutors (the highest of whom is the Public Prosecutor General), and smaller, specialized formations.
Pre 20th Century
Szlachta
The szlachta was a legally privileged noble class with origins in the Kingdom of Poland. It gained considerable institutional privileges during the 1333-1370 reign of Casimir the Great. In 1413, following a series of tentative personal unions between the Grand Duchy of Lithuania and the Kingdom of...
of varying degrees of importance who possessed private armies and who, in return for political power and a place within the nation's social hierarchy, swore their allegiance, and that of their mercenary troops, to the king. As a result of the enduring power of a number of powerful 'magnates' within the social hierarchy, relative weakness of the 'elected' monarchs and continued existence of the feudal system in Polish society, centralised rule of law and enforcement of the same did not truly exist until the 1791 adoption of the 3rd May Constitution
Constitution of May 3, 1791
The Constitution of May 3, 1791 was adopted as a "Government Act" on that date by the Sejm of the Polish–Lithuanian Commonwealth. Historian Norman Davies calls it "the first constitution of its type in Europe"; other scholars also refer to it as the world's second oldest constitution...
, which aimed to weaken the golden freedoms
Golden Liberty
Golden Liberty , sometimes referred to as Golden Freedoms, Nobles' Democracy or Nobles' Commonwealth refers to a unique aristocratic political system in the Kingdom of Poland and later, after the Union of Lublin , in the Polish-Lithuanian Commonwealth...
of the upper classes and redistribute a portion of their power amongst the mercantile middle classes. In addition to this, the establishment of a majority-voting Sejm
Sejm
The Sejm is the lower house of the Polish parliament. The Sejm is made up of 460 deputies, or Poseł in Polish . It is elected by universal ballot and is presided over by a speaker called the Marshal of the Sejm ....
and increased centralisation of sovereign power under the authority of the king, led to the establishment of a standing army, provided for by the state and subordinate only to the king and authorities of the national government.
As a result of the 1772-1795 partitions of Poland
Partitions of Poland
The Partitions of Poland or Partitions of the Polish–Lithuanian Commonwealth took place in the second half of the 18th century and ended the existence of the Polish–Lithuanian Commonwealth, resulting in the elimination of sovereign Poland for 123 years...
, and subsequent rule of the partitioning powers (Austria-Hungary
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...
, Germany
German Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
and Russia
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
), the authority of King Stanisław August collpased and the former territories of the commonwealth came under the direct supervision of their partitioning powers' law enforcement services. In Austrian controlled Galicia, the Imperial Gendarmerie became responsible for preserving public order and later became known for being arguably the least oppressive of the three occupying powers. In both the Russian and German territories of the former Poland, it was widely reported that law enforcement agencies and paramilitaries engaged in both oppression of Polish political organisations and the forced assimilation of local culture with those of their own nations.
Post 1919 Independence until today
In 1919, with the re-independence of the Polish nationSecond Polish Republic
The Second Polish Republic, Second Commonwealth of Poland or interwar Poland refers to Poland between the two world wars; a period in Polish history in which Poland was restored as an independent state. Officially known as the Republic of Poland or the Commonwealth of Poland , the Polish state was...
, the state reorganised itself along non-federalist lines and established a centralised form of government. Under the auspices of the new government, a new national police force was formed; this 'Polish State Police' (Policja Państwowa) then existed as the primary law enforcement agency for the entire nation up until the outbreak of the Second World War in 1939. During the inter-war period, a number of key law enforcement duties were delegated to other formations, such as the Border Guard and Military Gendarmerie
Military Gendarmerie
The Military Gendarmerie is a military provost formation created in 1990 in Poland.-History:Polish military police traces its history to the communist era Military Internal Service , World War II-era Service for Protection of the Uprising , interwar-era military police in the Second Polish Republic,...
.
With the end of World War II and the onset of the communist period
People's Republic of Poland
The People's Republic of Poland was the official name of Poland from 1952 to 1990. Although the Soviet Union took control of the country immediately after the liberation from Nazi Germany in 1944, the name of the state was not changed until eight years later...
, the new Soviet backed government decided to radically change to structure of policing in Poland; the state 'Policja' was renamed as the 'Milicja Obywatelska
Milicja Obywatelska
Milicja Obywatelska was a state police institution in the People's Republic of Poland. It was created in 1944 by Soviet-sponsored PKWN, effectively replacing the pre-war police force. In 1990 it was transformed back into Policja....
' (Citizen's Militia), a name which was meant to reflect a change in the role of the police, from an instrument of oppression ensuring the position of the bourgeoisie, to a force composed of, and at the service of 'normal citizens'. Ironically the reality turned out to be largely the opposite and the Milicja instead represented a rather state-controlled force which was used to exert political repression on the citizens. The Milicja was for the most part, detested by the general populace; events such as the police's conduct during the Gdańsk Shipyard Strike and surrounding the Popiełuszko affair, only worsened the people's view of their law enforcement agencies.
After the fall of the communist government in Poland, the system was reformed once again, this time reviving the pre-war name of 'Policja' and albeit with a few minor changes, the general system of law-enforcement of the Second Republic
Second Polish Republic
The Second Polish Republic, Second Commonwealth of Poland or interwar Poland refers to Poland between the two world wars; a period in Polish history in which Poland was restored as an independent state. Officially known as the Republic of Poland or the Commonwealth of Poland , the Polish state was...
.
Law enforcement agencies
As PolandPoland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
is a largely centralised state, regional law enforcement agencies do not really exist in the way that they do in the United States, Canada, Germany
Law enforcement in Germany
Law enforcement in Germany is constitutionally vested solely with the states, which is one of the main features of the German political system. Therefore, unlike France, Italy, the United States, Canada or many other countries, Germany has no federal police force comparable to the Italian...
or the UK. In Poland, the national police service (Policja
Policja
Policja is the generic name for the police in Poland. The Polish police force was known as policja throughout the Second Polish Republic , and in modern post-communist Republic of Poland since 1990. Its current size is 103.309 officers and ca. 12.000 civilian employees...
) is directly responsible to the central government, and whilst it operates with an organisational structure that allows voivodeship
Voivodeships of Poland
The voivodeship, or province, called in Polish województwo , has been a high-level administrative subdivision of Poland since the 14th century....
commands to exist, the regional authorities do not have any major say in law enforcement policy, and cannot affect the day-to-day operations of their local force.
To counteract the effect of having a centrally controlled national police force, which could, it is argued, overlook minor criminal cases of only local importance, local communities are allowed to raise their own municipal police
Municipal police
.Municipal police are law enforcement agencies that are under the control of local government, including the municipal government, where it is the smallest administrative subdivision. They receive pay from the city budget, and usually have fewer rights than the "state paid" police...
forces, which despite not being endowed with the power to perform arrests or carry weapons, do retain a number of other powers by which to ensure public order. Failing the required effect of these powers, such municipal officers are also entitled to request the support of a member of the national police in detailing with their case. It should be noted however, that municipal forces cannot investigate criminal cases, and exist only to enforce local and national by-laws.
In addition to local and national 'police' forces, there are also a number of specialised agencies which operate with more specific objectives in mind.
A list of current law enforcement agencies created by national statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
law (Ustawa):
Civilian
- PolicjaPolicjaPolicja is the generic name for the police in Poland. The Polish police force was known as policja throughout the Second Polish Republic , and in modern post-communist Republic of Poland since 1990. Its current size is 103.309 officers and ca. 12.000 civilian employees...
(Police) - National policePoliceThe police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
; officers are routinely armed and are organised into voivodeshipVoivodeships of PolandThe voivodeship, or province, called in Polish województwo , has been a high-level administrative subdivision of Poland since the 14th century....
(regional) commands. The Policja is further professionally organised into a number of different specialised units, such as the highway patrol corps and criminal (investigative) division. - Straż miejskaStraz miejskaStraż miejska is the name given to the separate municipal police forces maintained by some Polish cities. They operate in conjunction with the Policja .The City Guards' uniforms and livery of the squad cars varies by city....
(City guardCity guardCity guard, city watch, town guard or town watch was a law enforcement formation found in some countries and historical periods, usually subordinate to the local municipal government...
) - Municipal policeMunicipal police.Municipal police are law enforcement agencies that are under the control of local government, including the municipal government, where it is the smallest administrative subdivision. They receive pay from the city budget, and usually have fewer rights than the "state paid" police...
who are not routinely armed, and in the event of a major incident, must request the aid of an officer of the Policja. The Straż miejska are similar to Agents de Surveillance de la Voie Publique in France. - Biuro Ochrony RząduBiuro Ochrony RzaduThe Government Protection Bureau is Poland's equivalent of the United States Secret Service, providing antiterrorism and VIP security services for the Polish government.-Subjects of protection:* President of the Republic of Poland...
- (Government Protection Bureau) - A protective security unit tasked with the protection of the Polish president, ministers of state, and other 'at-risk' persons within the government. - Straż GranicznaBorder Guard (Poland)Border Guard is a Polish state security agency tasked with patrol of the Polish border. It existed in the Second Polish Republic from 1928 to 1939 and was recreated in Third Polish Republic in 1990.- 1928-1939 :...
- (Border Guard) - Border guardBorder guardThe border guard, frontier guard, border patrol, border police, or frontier police of a country is a national security agency that performs border control, i.e., enforces the security of the country's national borders.... - Straż Ochrony Kolei - (Railway Protection Guard) - Typically armed security unit operating on trains, within the Polish RailwaysPolskie Koleje Panstwoweis the dominant railway operator in Poland.The company was founded when the former state-owned operator was divided into several units based on the requirements laid down by the European Union...
and at train stations. - Straż Przemysłowa - (Industrial Guard) - Typically unarmed security unit operating in and around a number of state-owned companiesCompanyA company is a form of business organization. It is an association or collection of individual real persons and/or other companies, who each provide some form of capital. This group has a common purpose or focus and an aim of gaining profits. This collection, group or association of persons can be...
. Disbanded in mid 1990s. - Straż Ochrony Lotniska - (Airport Protection Guard) - Typically unarmed security unit operating in addition to Border Guard and National Police officers to ensure public order at airports. Existed in the 2003–2007 period.
- Służba Więzienna - (Prison service) - Corrections officers
- Straż Uniwersytecka - (University Guard) - A type of security unit operating to ensure public order on some university campuses/at facilities.
Militarised
- Żandarmeria WojskowaMilitary GendarmerieThe Military Gendarmerie is a military provost formation created in 1990 in Poland.-History:Polish military police traces its history to the communist era Military Internal Service , World War II-era Service for Protection of the Uprising , interwar-era military police in the Second Polish Republic,...
(Military Gendarmerie) - The military provost of the Polish armed forcesPolish Armed ForcesSiły Zbrojne Rzeczypospolitej Polskiej are the national defense forces of Poland...
. - Oddział Wart Cywilnych - (Civilian watch detachment) - Armed civilian watchmenWatchmanWatchman or Watchmen may refer to:*Watchman , a member of a group who provided law enforcement**Security guard or watchman, a person who watches over and protects property, assets, or people...
tasked with protecting military areas.
Recent developments within Polish policing
Beginning in 2009 the State Police started to receive new, high-quality, blue uniforms. These uniforms adhere to new EU directives requiring that there be a relatively homogeneous 'police identity' across the unionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
. In addition to this, the police have also, over the past few years, been taking receipt of an entirely new fleet of service vehicles, liveried in German-style blue reflective and silver colours. Previous to this, the Policja rarely modified or in any way replaced (except for the black utility uniform) the communist-era uniforms used as standard across the force; in addition to this, squad cars and other vehicles were nearing the end of their service lives, with many older models, such as the FSO Polonez
FSO Polonez
The FSO Polonez is a Polish motor vehicle produced from 1978 to 2002. The car name comes from the Polish dance, polonaise.-Background:The Polonez is a rebodied Polski Fiat 125p that Fabryka Samochodów Osobowych built under license from Fiat...
, having already become completely obsolete.
A large proportion of the Policja's modernisation program has been sped-up and improved with the help of funding attained from EU law and order development grants.
Transport
Today, the State Police most commonly use various models from KiaKia Motors
Kia Motors , headquartered in Seoul, is South Korea's second-largest automobile manufacturer, following the Hyundai Motor Company, with sales of over 1.4 million vehicles in 2010...
(Cee'd
Kia cee'd
The Kia Cee'd is a front wheel drive small family car released in the European market by the Korean manufacturer Kia Motors in December 2006—superseding the Kia Spectra—and available as a five-door hatchback, three-door hatchback , and five-door estate with a choice of up to four...
model - ca. 4000 in use) Škoda
Škoda Auto
Škoda Auto , more commonly known as Škoda, is an automobile manufacturer based in the Czech Republic. Škoda became a wholly owned subsidiary of the Volkswagen Group in 2000, positioned as the entry brand to the group...
(mainly Octavia
Škoda Octavia
The Škoda Octavia is a small family car produced by Czech automaker Škoda Auto since 1996, its name revived from a model originally produced between 1959 and 1971. The current Octavia is available in five-door liftback and station wagon....
), Opel
Opel
Adam Opel AG, generally shortened to Opel, is a German automobile company founded by Adam Opel in 1862. Opel has been building automobiles since 1899, and became an Aktiengesellschaft in 1929...
(mainly Opel Astra
Opel Astra
The Opel Astra is a small family car engineered and manufactured by the German automaker Opel since 1991.It is branded as Vauxhall Astra in the United Kingdom, the Buick Excelle XT in China and the Chevrolet Astra/Vectra in Latin America...
) and Volkswagen
Volkswagen
Volkswagen is a German automobile manufacturer and is the original and biggest-selling marque of the Volkswagen Group, which now also owns the Audi, Bentley, Bugatti, Lamborghini, SEAT, and Škoda marques and the truck manufacturer Scania.Volkswagen means "people's car" in German, where it is...
; the FSO Polonez
FSO Polonez
The FSO Polonez is a Polish motor vehicle produced from 1978 to 2002. The car name comes from the Polish dance, polonaise.-Background:The Polonez is a rebodied Polski Fiat 125p that Fabryka Samochodów Osobowych built under license from Fiat...
(manufactured in Poland) is no longer in service with the Policja. Other law enforcement agencies operate more standardised fleets which usually contain only one or two vehicle models. This is usually because municipal police forces source all the cars of their small fleets from one firm so as to reduce cost, whilst more specialised services buy large fleets of vehicles specific to their requirements, an example of which would be the large use of all-terrain Land Rover Defenders by the Border Guard.
Beginning in 2009, the State Police's vehicular paint scheme is being modified to a silver body design with blue reflective strip, similar to modern German police cars.
Traditionally, vehicles were painted a dark blue color with side doors painted in white, and with white stripes and the word "POLICJA" on both sides. Earlier versions (used at the beginning of 1990's) had a thinner stripe with the word "POLICJA" written under it. This has been done in order to minimise the cost to the tax payer, as once vehicles have reached the end of their service life, they can simply have the reflective strips removed and be sold on second-hand.
External links
See also
- Crime in PolandCrime in PolandCrime in Poland is lower than in many countries of Western Europe. The 2005 surveys placed Poland below the European average, with victimisation rate lower than in Ireland, England and Wales, Iceland, Northern Ireland, Estonia, Netherlands, Denmark, Switzerland, Belgium, Sweden and Norway...
- GROMGROMGROM is one of five special forces units of the Polish Armed Forces. It was officially activated on July 8, 1990...
- Human rights in PolandHuman rights in PolandHuman rights in Poland are guaranteed by the second chapter of the Constitution of Poland. Poland is part to all important international agreements relevant to human rights. Death Penalty is abolished for all crimes and Poland has ratified the International Criminal Court agreement...
- Law in Poland
- Ministry of Interior and Administration of the Republic of PolandMinistry of Interior and Administration of the Republic of PolandMinistry of the Interior and Administration is an administration structure controlling main administration and security branches of the Polish government. Current Minister is Jerzy Miller.-History and function:...
- Ministry of Justice of the Republic of PolandMinistry of Justice of the Republic of PolandMinistry of Justice of the Republic of Poland is one of the ministries of Poland. Each Minister of Justice since 1990 has been also Attorney General of the Republic of Poland.-Ministers of Justice :-External links:*...
- Prisons in PolandPrisons in PolandAs of 2007, there were 85 prisons in Poland. As of 31.12.2007, Polish prisons had the official capacity of 79213 and reported number of inmates at 87776.Prisons are administered by Służba Więzienna - Polish corrections officers...