Summary – Law enforcement in Poland in times of pandemic

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One of the most important themes of the epidemic is how the state uses its law enforcement apparatus. Here, unfortunately, we are dealing with many problems. The legal basis that constitutes the rationale for punishing citizens and businesses, have been changed with great frequency. The quality of new regulations has been widely criticized: their constitutionality was questioned, and in the case of regulations – also their compliance with the laws based on which they were issued.
The courts, to which citizens turned, in the majority of cases, ruled in their favor, indicating in the justifications both that the law was defective and that the enforcement apparatus had acted improperly. The courts are yet to deal with cases resulting from the actions of the police in the third phase of the epidemic. Thus, they will have to rule on, interalia, the grounds for unannounced inspections or indictments under Article 165 of the Penal Code (bringing danger to life or health of many persons or property of large size).


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