The Ministry of Justice has prepared many comprehensive solutions in connection with the ongoing coronavirus epidemic and the restriction of justice. They were included in the Polish President Andrzej Duda's passed Parliament and signed “Anti-crisis Tarcza”. New solutions include the possibility of submitting the most urgent tasks between courts, simplified delegation of judges where there are the greatest staff needs, stopping and suspending procedural deadlines in many cases.
The purpose of the justice ministry is to ensure the functioning of the general, military and administrative courts under specific conditions related to the prevention of epidemics. Among other things, it is a matter of ensuring that urgent cases are dealt with in courts, requiring absolute examination.
This must also be possible if the court in a given locality is completely closed for a period of time, for example, in the event of a need to quarantine judges, court asessors or court staff. The most important goods that must now be protected are the health and life of citizens.
The law contains the option of entrusting the execution of urgent tasks to another court. The procedure for posting judges to another court has been simplified
Support to courts
The law contains the option of entrusting the execution of urgent tasks to another court. The procedure for posting judges to another court was simplified.
The activities of the posting of a judge and the appointment of another court shall be carried out by judicial authorities, in accordance with the principle of judicial independence and for a specified time. This will enable the support of courts that are understaffed and identify urgent cases, both their own and entrusted.
The amendment sets out in detail the type of cases which are deemed urgent. These include cases involving minors, temporary arrest or ENA (European Arrest Order).
Time limits withheld
During the epidemic, evictions from housing will not be possible. The Act provides, among other things, for halting the uninitiated and suspending the starting run:
- time limits for the limitation of criminality of an act and limitation of the enforcement of a penalty in criminal matters, offences and fiscal misdemeanour and in criminal matters;
- procedural and judicial time-limits in judicial proceedings, including judicial, administrative, enforcement, criminal, criminal and tax proceedings, infringements, administrative, enforcement in administration, proceedings and checks conducted on the basis of Tax Ordinance and in customs and tax checks, as well as time limits in other proceedings conducted under the Act.
Call for a Judicial Application
A legal basis has been created to set a new deadline for the call for recruitment for the supplementary application, following its cancellation within the original deadline 2 April 2020 It was provided that if the competition proved impossible 15 July 2020, This will be tantamount to the cancellation of the call for a supplemental application, which In 2020 will not be carried out at all. In this case, candidates will be reimbursed fees paid for participating in the competition.
Additional scientific leave
A provision was also introduced to grant additional leave rights to workers who prepare for bar exams and counsellors. Initially, they were designated for 24–27 March 2020, But they were canceled due to an outbreak.
Aid to commercial law companies, cooperatives and housing communities
Subsequent changes are intended to enable cooperative bodies, including housing, and housing communities and commercial law companies whose members may be quarantined. They shall introduce the possibility of voting in writing or by means of distance communication.
Facilitation for legal authorities
In order to ensure that there is an outbreak and to ensure the health and life of legal professionals, it is possible for the authorities of their local governments to vote remotely.
Criminal establishments
The Act also aims to prevent the emergence and spread of epidemics in criminal establishments which, due to the specificity of operation, are extremely vulnerable to all epidemic threats.
Notwithstanding the legislative work, the Ministry of Justice and the Prison Service shall take the necessary measures to protect against the spread of coronavirus. From 19 March 2020 there is a total limitation of visits to all prison facilities.
The Prison Service Ordinance issued in agreement with the State Sanitary Inspection covered all detentions, detention facilities and their external troops. The external work of prisoners has also been significantly reduced, with the exception of those producing masks and protective suits and those working in the food industry.
The law adopted by the Sejm provides for the possibility for the court to grant a detention order. The provision is to apply only in exceptional situations where this is necessary to reduce the risk of epidemics in a criminal establishment. Only the Director of the Penal Institution would be able to apply for a suspended sentence, in favour of accepting the Central Board of Prison Service. Such an application could not concern:
- • convicted of intentional crimes at a more severe penalty than 3 years of imprisonment;
- • convicted of involuntary offences against a penalty above 3 years of imprisonment;
- • convicted of criminal offences committed as part of a re-trial, organised crime
- • perpetrators who have made themselves a permanent source of income.
The D.A.'s gonna be able to bring in an objection from a recess. Moreover, the decision of the prison court on the Director's application would have to be preceded by the finding that the sentenced person concerned is justified by the presumption that he will comply with the order of law during the interruption period and will comply with any recommendations and obligations imposed by the health authorities to combat the epidemic.
The deadline for an exceptional interruption in the penalty will be limited to the end of the epidemic or outbreak declared due to coronavirus. The solution is therefore exceptional and can be applied to a very limited number of prisoners. Meetings of the penitentiary court will be possible at a distance, using video transmission devices located in criminal establishments.
The new law will also allow to allocate the money created by the prisoners and collected in the Professional Activation Fund Convicted and the Development of Prison Works for the purchase of equipment and protection measures needed in prison to combat the epidemic threat.
More penalties in electronic surveillance
The draft also provides for changes to the Implementing Criminal Code, which extend the existing application of the Electronic Surveillance System (SDE). It is proposed to increase the upper limit of the fines or the sum of the prison sentences, subject to the possibility of imprisonment in the electronic surveillance system, to 18 months. Currently SDE is applied to penalties of up to one year of imprisonment.
Penalty in SDE is almost done today 5,000 persons and additional 9,000 He's qualified for it. After the changes made, the number of persons eligible for SDE and not yet covered by this type of punishment may theoretically increase to around 12,000 people. In any event, the decision shall be up to the prison court. The defendant must submit an appropriate application and the court shall accept the possible sanction in the SDE when a number of conditions contained in the legislation are met.
Reinforcement of the Criminal Code
Regulations related to the punishment of people who are aware of coronavirus infection have been tightened. Until now, such an act has been subject to fines, imprisonment or imprisonment for up to one year. Now he will be threatened with imprisonment from 3 months to years 5, and in case of exposure of many people even to 10 years.
Amendments to the criminal procedure
In the event of an outbreak or epidemic situation, occupied objects of public health or safety relevance may be transferred free of charge to medicinal agents, the State Fire Service, the Armed Forces, the Police, the Border Guard and state and local government institutions.