ACT

of 6 April 1990

o Police

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ The creation and the tasks of the Police] 1. A police force is created as a uniformed and armed formation serving the public and intended to protect the safety of people and to maintain security and public order.

1a. The name 'Police' shall be entitled only to the formation referred to in paragraph 1. 1.

2. The basic tasks of the Police include:

1) the protection of life and health of people and property against unlawful attacks violating these goods;

2) the protection of security and public order, including the provision of peace in public places and in the means of public transport and public transport, in road traffic and in waters intended for the universal use;

3) initiating and organizing activities aimed at preventing the commission of committing crimes and offenses and criminogenic phenomena and interaction in this regard with state bodies, self-government and social organizations;

4) the detection of offenses and offenses and prosecuting their perpetrators;

5) supervision of specialist armed protective formations within the scope specified in separate regulations;

6) control compliance with ordinal and administrative provisions relating to public or public service activities;

7) cooperate with the police of other states and their international organisations, as well as with the bodies and institutions of the European Union on the basis of international agreements and agreements and separate regulations;

8) the collection, processing and transmission of criminal information;

9) (repealed);

10) carrying out datasets containing information collected by competent authorities about fingerprints of persons, unidentified traces of fingerprint lines from the sites of crime and the results of the analysis of deoxyribonucleic acid (DNA);

11) (repealed).

3. Police shall also carry out tasks resulting from the provisions of European Union law and international agreements and agreements on the principles and within the scope of them.

Article 2. [ Competence of Military Gendarmerie and Military Ordering Authorities] Within the scope, mode and principles specified in the separate provisions of the task provided for the Police perform in the Armed Forces of the Republic of Poland and in relation to the soldiers of the Military Gendarmerie and the military ordinal bodies.

Article 3. [ Administration bodies required to perform tasks in the field of public security protection] Wojewoda and wójt (Mayor, Mayor of the City) or the starosta exercising the authority of the general administration and the authorities of the municipality, district and provincial government perform tasks in the scope of protection of security or public order on the principles specified in Statutes.

Chapter 2

Police Organisation

Article 4. [ Composition] 1. Police consists of the following types of services: criminal, investigative, preventive and assisting the activity of Police in organizational, logistic and technical matters.

2. The police shall be composed of judicial police. The detailed scope of the tasks and the rules of the judicial police organisation shall determine, by means of a regulation, the Minister responsible for internal affairs, in consultation with the Minister responsible for justice.

3. The Police shall also include:

1) Higher School of Police, training centres and police schools;

2) isolated riot police and counter-terrorism sub-troops;

3) research institutes.

3a. The organization and scope of operation of the Higher School of Police in Szczytno as a higher school and the mode of designation and dismissal of the Rector and the designation, selection and dismissal of prorectors shall be governed by the Act of 27 July 2005. -Law on higher education (Dz. U. No 164, pos. 1365, of late. zm.).

3b. The organisation and scope of the activities of the research institutes referred to in paragraph 1. The provisions of the Law of 30 April 2010 shall be governed by the Law of 30 April 2010. o research institutes (Dz. U. Nr 96, pos. 618, with late. zm.).

4. The chief of the Police Chief, with the consent of the minister competent for internal affairs, can invoke, in justified cases, other than those mentioned in the paragraph. 1 types of services, specifying their territorial jurisdiction, organisation and scope of action.

Article 4a. (repealed).

Article 5. [ Police Chief Commandant] 1. The Central Government, competent in matters of protection of the security of people and the maintenance of security and public order, shall be the Chief of Police, subordinate to the Minister of the Interior.

2. The chief of the Police Chief is the superior of all the officers of the Police, hereinafter referred to as "police officers".

3. The Commandant of the Police Chief shall appoint and dismiss the President of the Council of Ministers at the request of the Minister responsible for internal affairs.

4. Deputy Commandant of the Police Chief, including I Deputy, shall appoint and dismiss the Minister responsible for internal affairs at the request of the Chief of Police.

5. In case of dismissal of the position of the Commandant of the Main Police, the Minister responsible for internal affairs, until the appointment of a new commandant, entrusts the duties of the Chief of the Police Chief, for a period of not more than 3 months, one of his alternates.

6. In the event of a temporary inability to exercise the function by the Chief of Police, the Minister responsible for internal affairs shall, until such time as the commander has ceased to be prevented from exercising this function, for a period of not more than 6 months, entrusts the duties of Commander of the Police Chief to one of his deputies.

Article 5a. [ Central Office Of Police Investigators] 1. The Central Office of Police Investigators, hereinafter referred to as "CBPA", is an organisational unit of the Police Department of the Investigative Service implementing in the area of the whole country the task of identifying, preventing and combating organised crime.

2. The Commander of the Central Bureau of Police Investigation, hereinafter referred to as the "Commander of the CBPA", is a police authority subordinate to the Police Chief of Police, directs the CBPA and is the supervisor of CBPA police officers.

The seat of the Commandant of the CBPA is the capital city of Warsaw.

4. The Commander of the CBPA appoints, among the officers of the Police, and refers the Minister responsible for internal affairs at the request of the Chief of Police.

5. The Deputy Commander of the CBPA appoints, among the officers of the Police, and refers to the Chief of Police at the request of the Comendant CBPA.

6. In the event of dismissal of the position of the Commander of the CBCP Chief of Police, until the appointment of a new commander, he shall be entrusted with the duties of the Commander of the CBPA for a period of not more than 6 months, one of his alternates or a designated officer Police.

7. In order to carry out the tasks set out in the paragraph. 1 The Commander of the CBP shall cooperate with other Police Organisations and the competent authorities and institutions, including other States.

Article 6. [ Government administration in the voivodship area] 1. Organs of government administration in the area of the voivodship in the cases referred to in art. 5 par. 1, are:

1) wojewoda by Commandant Provincial Police acting on his behalf or the Commandant of the Police voivodship acting on his own behalf in the cases:

(a) the execution of operational and reconnatal activities, investigation and investigation activities,

(b) the issue of individual administrative acts, where the laws so provide;

2) the district police chief (city);

3) Commandant of the Police Commissariat.

2. Territorial reach of the bodies referred to in paragraph. Under paragraph 1, points 1 and 2, it corresponds to an essential administrative division of the State, subject to paragraph 1. 3-5.

3. Excluding from the territorial scope of operation of the Commandant of the Provincial Police responsible for the region of Mazovian territory of Warsaw and the counties of: grodziskiego, legionowski, Minsk, nowodworski, otwocki, piaseczyńskiego, Pruszkowski, Warsaw-West and Volynsky.

3a. In cities that are the seat of the city authorities on the rights of the district and county seat of the city, you can create a municipal police command that performs tasks in the area of this city and district.

3b. The Minister responsible for the internal affairs shall, by means of a regulation, create and abolition the municipal commands of Police referred to in paragraph 1. 3a, taking into account the administrative-geographical and demographic considerations of the city and the county.

4. The Metropolitan Police Chief shall perform in the area referred to in the paragraph. 3, tasks and competences corresponding to the tasks and competences of the Commandant of the voivodship Police.

4a. In the area of the city of Warsaw, the tasks and competences corresponding to the tasks and competences of the district commandant (urban) Police shall perform the relevant territorially the provincial police chief.

4b. The Minister responsible for internal affairs shall determine, by way of regulation, the territorial jurisdiction of the district police commanders, shall establish and abolitize the Police District commands and establish their names. The territorial jurisdiction of the police district commanders covers the area of one district or several districts.

5. The Metropolitan Police Command is the auxiliary apparatus of the Police Commissioner of the Metropolitan Police, performing its tasks in the area referred to in the paragraph. 3.

Article 6a. [ Police authorities competent in the administrative procedure] 1. In administrative proceedings, in matters relating to the performance of tasks and competence of the Police, if the Act does not provide otherwise, the competent authority shall be the district commander of the (urban) Police, and in the area of the Warsaw City of Warsaw-the district commander Police.

2. In administrative proceedings in the cases referred to in paragraph. 1, the authorities of a higher degree are:

1) in relation to the district commandant (urban) Police-Commandant of the Police Voivodship;

(1a) in relation to the Police Chief of Police, the Metropolitan Police Chief;

2) in relation to the Commandant of the Provincial Police-Chief of Police Chief.

Article 6b. [ Appointment and cancellation of the Chief of the Police and the Police Commissioner of the Metropolitan Police] 1. The Commandant of the Provincial Police appoints and refers the minister competent for internal affairs at the request of the Commandant of the Police Chief, filed after consulting the voivodship.

2. Commandant of the Metropolitan Police appoints and refers the Minister responsible for internal affairs at the request of the Commandant of the Police Chief, after consulting the opinion of the voyev and the opinion of the President of Warsaw.

3. The Chief of the Police Chief, at the request of the Commander of the voivodship or the correspondingly Commandant of the Metropolitan Police, appoints and refers to three deputies of the voivodship or the Commandant of the Metropolitan Police, including I the Deputy.

4. On the position of the voivodship chief and the Police Commissioner of the Metropolitan Police and the deputy commandant of the voivodship and the Commandant of the Metropolitan Police, the officers of the Police are appointed, with the exception of deputies ' positions in the case of services assisting the activities Police in organisational, logistical and technical matters, which can also be set up by persons who are not police officers.

5. In case of dismissal of the position of the Commandant of the voivodship or the Police Commissioner of the Metropolitan Police Chief, until the appointment of a new commandant, he entrusts the duties of the voivodship of the voivodship or the Police Commissioner of the Metropolitan Police, on a period of not more than six months, to one of its alternates or to a designated officer.

6. In the event of failure to receive the opinion referred to in paragraph. 1 or paragraph 2, the minister competent for internal affairs, at the request of the Commandant of the Police Chief, may appoint the Commander of the voivodship or the Police Commissioner of the Metropolitan Police after a period of 14 days from the date of submission of the request for an opinion.

Article 6c. [ Appointment and cancellation of the police district commandant and the district police commander] 1. The district commander of the (urban) Police appoints and dismisses the commandant of the Police voivodship, after consulting the starost. Article Article 35 par. 3 point 1 of the Act of 5 June 1998. o the district administration (Dz. U. of 2001. Nr 142, pos. 1592, with late. zm.) does not apply.

2. The Commander-in-Chief of the Police appoints and refers to the Commander of the Metropolitan Police, after consulting the President of Warsaw. Article Article 35 par. 3 point 1 of the Act of 5 June 1998. o the district administration is not applicable.

3. Commandant of the Police Office, at the request of the district commandant (urban) Police, appoints and cancels the 1st deputy and other deputy commandant of the district (urban) Police.

4. The Metropolitan Police Chief, at the request of the Police Commander, shall appoint and revoke the Deputy and Deputy Head of the Police District Police.

5. At the position of the district commandant (city) and district commandant of the Police and deputy commander of the district (city) and the district commandant of the Police are appointed officers of the Police.

6. In case of dismissal of the position of the district commandant (municipal) Police Commander of the Police voivodship, until the appointment of a new commandant, entrusts the duties of the district chief of the district (municipal) Police, for a period of not more than 6 months, one of his deputies or a designated officer.

7. In case of dismissal of the position of the district chief of the Police Commander of the Metropolitan Police, until a new commandant is appointed, he shall entrust the duties of the district police chief, for a period of not more than 6 months, one of his deputies or a designated officer.

8. In the event of failure to receive the opinion referred to in paragraph. 1 or paragraph 2, commandant of the voivodship or the Commander of the Metropolitan Police can appoint the district commandant (urban) or the district police commander, respectively, after 14 days from the date of submission of the request for an opinion.

Article 6d. [ Appointment and cancellation of the Commandant of the Police Commissariat] 1. The Commander-in-Chief of the Police Commissariat appoints and appeals to the district police officer (city) Police after consulting the territorially competent mayor (mayor or president of the city) or the chief of the city. This does not apply to the Chief of Specialized Commissioners.

2. Deputy Commandant of the Police Commissariat appoints and dismisses the district commandant (city) of the Police at the request of the Police Commissioner.

3. officers or aspirants of the Police shall be appointed to the position of the Police Commissioner and Deputy Commandant of the Police Commissariat.

4. In case of dismissal of the position of the Commandant of the Police Commissariat, the district chief (city) of Police, until the appointment of a new commandant, entrusts, after consulting the mayor (mayor or president of the city) or the mayor, the duties of the chief of the police Chief of Police Commissioner, for a period of not more than 3 months, one of his deputies, and in the absence of deputies-to another police officer.

5. In the event of a temporary inability to perform the duties of the Police Commissioner, the Police Commissioner (City) Police, until such time as an obstacle to the performance of this function by the former Commandant, shall be entrusted with the duties of the Police Commissioner. Police chief of the police station to one of his deputies, and in the absence of deputies-to another police officer.

6. In the area of m.st. of Warsaw the provisions of the paragraph. 1 and 3-5 shall apply mutatis mutandis to the appointment and dismissal of the Commandant of the Police Commissariat by the Commandant of the Police District, after consulting the President of the City of Warsaw.

7. In the area of m.st. of Warsaw the provisions of the paragraph. 2 and 3 shall apply mutatis mutandis to the appointment of deputies of the Police Commissariat of the Police Office by the Police Chief of Police.

8. In the event of failure to receive the opinion referred to in paragraph. 1 or 6:

1) the district commandant (city) Police may appoint the Commandant of the Police Commissariat after 14 days from the date of submission of the request for an opinion;

2) the Police Chief may appoint the Commandant of the Police Commissariat after the expiry of the 21-day period from the date of submission of the request for an opinion.

Art. 6e. [ Reference of Police Commander] 1. Revoke from the position referred to in Article (a) 4 and 5, art. 6b par. 1, 2 and 5, art. 6c par. 1-4, 6 and 7 and art. 6d par. 1, 2 and 6, you can at any time.

2. In the absence of the opinion referred to in art. 6b par. 1 and 2, art. 6c par. 1 and 2 and Art. 6d par. 1 and 6, the authority entitled to appoint the Commandant may cancel the commanders of the voivodship and the Capital, district (urban), district or commandant of the police station, after 14 days from service of the request. issue an opinion.

3. A police officer who is dismissed from his post shall transfer at the disposal of the officer of the police officer entitled to appeal from the post, provided that the officer dismissed from the position of Komendanta CBPA, the voivodship chief and the Komendanta Stołeczny The police are moving at the disposal of the Police Chief. A police officer shall, for a period of six months, be entitled to a salary in the amount applicable before the appeal.

Article 6f. [ Officers of Police] The commandant of the Police voivodship and the district commandant (municipal) Police are the officers of the policemen in the field of their operation.

Article 6g. [ Commands and Commissariat] Chief of Police Chief, Commandant of the Police Office, district commandant (city) Police carry out their tasks with the help of subordinate commands, and Commandant of the Police Commissioner-with the help of the police station.

Art. 6h. (repealed).

Article 7. [ Tasks of the Police Chief of Police] 1. The chief of the Police Chief shall determine:

1) detailed rules of the organization and scope of operation of commands, commissions and other organisational units of the Police;

2) methods and forms of execution of tasks by the individual police services, in the scope not covered by other provisions issued on the basis of the Act;

3. (repealed);

4) (repealed);

(4a) vocational training programmes for policemen;

4b) the scope and detailed conditions, mode of conduct and principles of assessment of the physical fitness test of policemen;

5) detailed rules for the training of animals used for the performance of the Police tasks, as well as the standards of their nutrition;

6) detailed conditions of safety and hygiene of the service, after consultation with the State Labour Inspectorate;

7) the rules of professional ethics of policemen, after seeking the opinion of a trade union of policemen;

8) organization, factual and local scope of action and principles of cooperation of the CBPA with other Police Organizational units.

2. The Commander of the Police Office shall determine the territorial jurisdiction of the Police Commissioners in the field of its operation.

3. Police Chief Constable may create and liquidate training centers and police schools.

4. The regulations of the commands, commissions and other units of the Police shall determine the competent police chief in consultation with the competent supervisor. The Rules of Procedure of the Police Office shall not form part of the rules of the Provincial Office.

Article 8. [ Specialty Commissioners] 1. The Commander of the Provincial Police in consultation with the Police Chief of the Police shall create, if necessary, a railway station, water, aviation or other specialised police station. The commanders of the specialised police stations shall be subject to the appropriate territorially competent provincial police officer.

2. The Commander-in-Chief of the Police Specialist shall appoint and dismiss the Commandant of the Police Office.

3. (repealed).

Art. 8a. [ District residents and Police stations] 1. The district chief (city) of the Police can create district revelers and police stations on the basis stipulated by the Police Chief of Police.

2. The director of the reviewer and the head of the police station shall appoint and release from the post the district commandant (city) of the Police, after consulting the mayor (mayor or president of the city), unless he/she has been authorized to express his opinion on the matter. the executive body of the municipal aid unit.

3. The tasks of the director of the reviewer and the manager of the Police Station shall be in particular:

1) recognizing threats and countering the causes of their formation;

2) initiating and organizing activities of local communities aimed at preventing the committing of offenses and offenses and other criminogenic phenomena;

3. carrying out administrative and order tasks and other non-urgent tasks relating to the notification of the offence and the security of the place of the event.

Article 9. (repealed).

Article 10. [ Annual reports] 1. Police commanders, subject to paragraph. 1a, they submit annual reports on their activities, as well as information on the state of order and public safety to the competent voters, the starostom, the mayor (mayors or presidents of the cities), as well as the counties of the district and the counties of the municipalities. In the event of a threat to public security or the disturbance of public policy, the report and information shall be submitted to these authorities immediately upon request.

1a. The Metropolitan Police Chief shall report, as well as the information referred to in paragraph 1. 1, Wojewoda Mazowiecki and, in relation to the activities of the Police in the area of Warsaw, the President of Warsaw and the Council of Warsaw and the Council of Warsaw. The commanders of the Police District are not reporting separate reports.

2. In the detection of criminal offences and the prosecution of their perpetrators of the report and the information referred to in paragraph. 1, may only be transferred to the courts and prosecutors, upon their request.

3. The district council (the city) and the municipal council on the basis of the reports and information referred to in the paragraph. 1, may determine, by way of a resolution, relevant to the community of self-government security threats and public order.

4. The praise referred to in the mouth. 3, may not relate to the performance of a specific service task or specify the manner in which the duties are performed by the Police.

5. Commanding of the district (local) Police shall be obliged to make available to the committee on security and order, at the request of its President, documents and information concerning the work of the Police on the territory of the district, with the exception of the personnel files of the staff and Officers, operating and investigation materials, or investigative investigators and files in individual administrative matters.

6. The provision of the paragraph. 1 shall not apply to the Comendant CBSP.

Article 11. [ A request for restoration of a legal order or action to prevent a breach of the law] 1. Wójt (mayor, president of the city) or starosta may demand from the competent Police Commander to restore the state in accordance with the legal order or to take action to prevent the violation of the law, and to remove the threat security and public order.

2. The request referred to in paragraph 2. 1, may not relate to operational, investigative and investigative activities and to criminal prosecution activities. This request may not apply to the performance of a specific task or specify how the task is to be performed by the Police.

3. The assassination (mayor, mayor of the city) or an old man bear sole responsibility for the content of the request referred to in the mouth. 1.

4. The request referred to in paragraph 1, the orally submitted shall require confirmation in writing.

5. The competent Police Chief shall immediately submit the case to the Chief Police Commander, if he/she is unable to execute the request referred to in paragraph. 1.

6. The request referred to in paragraph. 1, violating the law is invalid. The water is declared void.

7. The provision of the paragraph. 1 shall not apply to the Comendant CBSP.

Article 12. [ Delegation] 1. The Minister responsible for internal affairs shall determine, by means of a regulation:

1) armed Police;

2) unification, distortion and identification of policemen;

3) the rules and manner of wearing umundury and orderes, decorations, medals and badges;

4) norms of umunduation;

5) the design and the mode of broadcasting the banner of the Police's organizational units;

6) a pattern of police bad-marks and detailed rules and mode for transmitting them to policemen.

2. The chief of the Police Chief shall determine the rules of the posts in the Police Department.

Article 13. [ Police Financing] 1. The costs associated with the functioning of the Police shall be covered by the state budget.

1a. The research institutes referred to in art. 4 par. 3 point 3, receive from the State budget the targeted and subject-related grants for the financing of the current activities related to the performance of the Police tasks, and in particular:

1) carrying out scientific research and development works in carrying out the tasks referred to in art. 1 (1) 2 points 3 and 4;

2) the maintenance, conduct and development of detectable datasets, including the datasets referred to in art. 1 (1) 2 points 10;

3) maintaining, conducting and developing the infrastructure necessary for the collection and processing of dactyloscopic data, referred to in art. 428 par. 1 point 4 of the Act of 12 December 2013. o foreigners (Dz. U. Entry 1650) and art. 119 (1) 1 point 6 of the Act of 13 June 2003. o grant to foreigners protection in the territory of the Republic of Poland (Dz. U. 2012 r. items 680);

4. the implementation of international cooperation tasks, including the exchange of dactyloscopic data and results of the analysis of deoxyribonucleic acid (DNA), conducted on the basis of laws and applicable international agreements and agreements;

5. carrying out the tasks of the entity authorized to approve the technical specification and to confirm the deprivation of the firearm's performance of any kind, referred to in art. 6a par. 1 and 4 of the Act of 21 May 1999. about weapons and ammunition (Dz. U. of 2004 Nr 52, pos. 525, of late. zm.);

6) carrying out the tasks of the Commander of the Police Chief in the scope of substantive supervision over the functioning of the forensic laboratories of the Police Voivodship commands;

(7) the exercise of the right to emoluments and other claims on the duty of the police officers serving in those units.

2. The Police Edad shall determine the budget law.

3. Local government units, state organisational units, associations, foundations, banks and insurance institutions may participate in the covering of investment, modernization or refurbishment expenses and maintenance costs and the functioning of the Police Organisational Units, as well as the purchase necessary for their needs of goods and services.

3a. (repealed).

3b. (repealed).

3c. (repealed).

4. At the request of the district council or the municipal council, the number of posts of Police in the district resists and police stations on the area of the district or the municipality may be increased by more than the number determined in accordance with the rules laid down in Art. 12 (1) 2, where those authorities ensure that the costs of maintaining the posts of Police have been covered for a period of at least 5 years, under the conditions laid down in the agreement concluded between the district authority or the municipality and the competent provincial command of Police and approved by the Chief Of Police.

4a. The district council or the municipal council may delegate, under the conditions laid down in the agreement concluded between the district executive authority or the municipality and the competent district police (urban) command, the financial resources constituting the district's own revenue, or municipalities, for the Police for the purpose of:

1) monetary compensation for the time of service exceeding the standard specified in Art. 33 (1) 2,

2) reward for achievements in service,

for policemen competent local counties (urban) and police stations, who carry out tasks in the field of preventive service.

4b. The agreement referred to in paragraph 1. 4a, specifies in particular:

1) the types of statutory tasks of the Police, financed under the agreement:

(a) executed over time in excess of the standard laid down in Article 33 (1) 2,

(b) for the performance of which the award may be awarded for achievements in service;

2. the amount and the time limits for the transmission of the financial resources referred to in paragraph 2. 4a;

3) how to assess the correctness of the implementation of the agreement.

4c. Creates a Police Support Fund, hereinafter referred to as the "Fund", consisting of funds: central, voivodship and police schools.

4d. The Fund is a state special-purpose fund.

4e. Financial measures obtained by the Police in the mode and under the conditions set out in the paragraph. 3 and 4a on the basis of agreements and agreements concluded by:

1) Commandant of the Police Chief-are the central fund's income;

2) commanders of respectively voivodship or the Metropolitan Police Commander or subordinate district commanders (urban, district) Police-are the revenues of the voivodship funds;

3) Commandant of the Higher School of Police and police schools commanders-are the revenues of the Police School Fund.

4f. Fund resources shall be allocated to:

1) covering investment, modernization or refurbishment expenses and the cost of living and functioning of the Police Department units, as well as the purchase necessary for their needs of goods and services;

2) money compensation for police officers for the time of service exceeding the standard specified in Art. 33 (1) 2;

3) awards for policemen for achievements in service.

4g. The resources of the Fund shall have:

1) Chief of Police Chief-in the scope of the Central Fund;

2) respectively the voivodship commanders or the Metropolitan Police Chief-in the scope of voivodship funds;

3) Commandant of the Higher School of Police and Police College commanders-in the scope of the Police Schools Fund.

4h. The Chief Commander of the Police shall draw up the total financial plan and the Fund's total financial statements.

4ha. Changes in the amount of the Fund's revenue and expenditure included in the Fund's financial plan and the transfer of expenditure between the various items of the plan shall be carried out by the authorising officer

4hb. (repealed).

4hc. (repealed).

The Minister responsible for internal affairs, in agreement with the Minister responsible for public finance, shall determine, by way of regulation, the detailed rules of the financial economy of the Fund and the procedure and time limits for drawing up its plans and reports. financial, taking into account the provisions of the agreements and agreements and the rational management of the measures.

5. The Minister responsible for internal affairs, in agreement with the Minister responsible for public finance, shall determine, by means of a regulation, the specific terms and conditions of the agreement referred to in paragraph 1. 4.

Art. 13a. (repealed).

Article 13b. [ Police Holiday] The day of July 24th is set up by the Holy Police.

Chapter 3

Scope of police powers

Article 14. [ Actions by Police] 1. Within the limits of its tasks, the Police shall carry out activities: operational-reconnasion, investigation and administrative-ordinal actions in order to:

1) recognition, prevention and detection of offenses and offenses;

2) the search for persons hiding from the law enforcement or justice system, hereinafter referred to as the "search persons";

3) the search for persons who, as a result of the occurrence of an event preventing the establishment of their whereabouts, should be found in order to ensure the protection of their lives, health or freedom, hereinafter referred to as the "missing persons".

2. Police shall also perform acts on the orders of the court, the prosecutor, the authorities of the state administration and local government in so far as this obligation has been determined in separate statutes.

3. Police officers in the course of their duties shall respect human dignity and respect for and protection of human rights.

4. Police for the purpose of carrying out statutory tasks may use data on the person, including electronic recording, obtained by other authorities, departments, and state institutions as a result of the execution of operational-reconnational activities, and process them within the meaning of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2002. No. 101, pos. 926, with late. zm.), without the knowledge and consent of the person to whom the data relate.

5. The controller of the data referred to in paragraph. 4, it is obligatory to provide personal information to a police officer designated in the name of the Police Commander of the Police Chief, Commandant of the CBPA, Police Commanders or an authorized police officer, upon the presentation of this authorisation and the identity card work. The fact that this data is made available is protected under the Act of 5 August 2010. on the protection of classified information (Dz. U. Nr 182, pos. 1228).

5a. Police may, to the extent necessary to carry out its statutory tasks, use the criminal information collected in the National Criminal Information Centre.

5b. For the purpose of carrying out the tasks in the field of traffic control referred to in Article 129 of the Act of 20 June 1997. -The right of traffic (Dz. U. 2012 r. items 1137, from late. zm.), The Police can conduct searches of information through the National Contact Point, on the principles set out in Art. 80k-80r of this Act.

6. The President of the Council of Ministers shall determine by way of regulation:

1) the scope, conditions and mode of transmission of information to the Police of the person, obtained by the authorities entitled to carry out the operational and reconnalial activities at the time of the exercise of these activities, taking into account the possibility of refusing to transmit information or limitation of the scope of this information, in order to prevent the statutory tasks of those authorities from being carried out or to disclose data to a non-member of those authorities, and to provide information on request, including through use of TelIT equipment and systems;

2. the model of authorisation referred to in paragraph 1. 5, taking into account the data necessary to identify an authorised policeman and the need to determine the validity of the authorisation.

7. (repealed).

Article 15. [ Officers entitled to the police in the course of a task] 1. Police officers performing the activities referred to in art. 14, shall have the right:

1) the legitimacy of persons in order to establish their identity;

2) detention of persons in the mode and cases specified in the provisions of the Code of Criminal Procedure and other laws;

(2a) the detention of persons deprived of liberty which, on the basis of the permission of the competent authority, have left the detention of an investigator or a criminal undertaking and have not returned to it within the prescribed period;

3) the detention of persons posing an obvious immediate danger to life or human health, and for property;

3a) the collection of fingerprints from the fingerprint or slabs of the cheeks mucosa:

a) in the mode and cases specified in the provisions of the Code of Criminal Procedure and the Act of 22 November 2013. about proceedings against persons with mental disorders creating a threat of life, health or sexual freedom of other persons (Dz. U. of 2014 items 24),

(b) in order to identify persons with an unestablished identity and persons attempting to conceal their identity, if the identification of the identity is not otherwise possible,

(c) with their consent, in order to identify missing persons or human corpses of an unestablished identity;

3b) retrieve fingerprints or biological material from human corpses with an unspecified identity;

4) searches of persons and premises in the mode and cases specified in the provisions of the Code of Criminal Procedure and other laws;

(4a) observation and recording by technical means of an image from the premises intended for persons detained or brought to sober, police chambers of the child, temporary rooms and temporary temporary premises;

5) making a personal check, as well as reviewing the contents of the luggage and checking the cargo in the ports and at the stations and in the means of transport by land, air and water, in the event of a reasonable suspicion of committing a prohibited act under the threat of punishment;

5a) observing and recording with the use of technical measures of the image of events in public places, and in the case of operational and administrative and administrative tasks undertaken on the basis of the Act-also the accompanying sound these events;

6) request the necessary assistance from state institutions, bodies of government and local government and entrepreneurs operating in the field of public utility; listed institutions, bodies and entrepreneurs are be required, within the scope of their action, to grant such assistance, within the scope of applicable provisions of law;

7) to request the necessary assistance to other entrepreneurs and social organizations, as well as to return in emergencies to any person for immediate assistance, under the applicable laws;

8) (repealed).

2. Oyourself detained on the basis of the mouth. The powers provided for in the Code of Criminal Procedure shall be allocated to the person retained in the Code of Criminal Procedure 1 point 3.

3. The detention of a person may be applied only if other measures have proven to be pointless or ineffective.

4. The person detained referred to in the paragraph. 1 point 3 may be displayed, photographed or dactyloscopised only if its identity cannot be established in any other way.

5. The detainee shall immediately undergo a medical examination or medical examination as soon as the need is justified.

6. The activities referred to in paragraph 1. 1 shall be carried out in a manner which is as little as possible to violate the personal interests of the person against whom they are taken.

7. On the way in which the activities referred to in paragraph are carried out. 1, there is a complaint to the local competent prosecutor.

7a. The person detained may be placed in the premises of the Police organisational unit or the premises of the Border Guard organisational unit dedicated to the detainees.

7b. Rooms for persons detained or brought in to sober up, transition rooms and temporary temporary rooms may create and endure the commanders of the Police Department and the Metropolitan Police Chief.

8. The Council of Ministers shall determine, by means of a regulation, the way in which the powers referred to in paragraph 1 are to be taken into action. 1 points 1, 2a, 3, 3a (a) b and c, 3b and 5-7, and the models of the documents used in these cases, with a view to ensuring the effectiveness of the activities undertaken by the Police and respect for the rights of persons to whom these actions are taken.

8a. (repealed).

8b. (repealed).

(9) The Minister responsible for the internal affairs, in consultation with the Minister responsible for health, shall determine, by means of a regulation, the procedures for carrying out the medical examinations referred to in paragraph 1. 5, having regard to the cases justifying the need to give the first medical assistance or the need to give it to the necessary medical examinations, the time and organisation of such studies, and the manner in which they are documented, to be immediately given to the person who is detained.

10. The Minister responsible for internal affairs shall determine, by means of a regulation:

1. the conditions to be met by the premises in the Police Organisational Units for persons detained or brought to sober up, the scope of the records kept and the models of the documents in its composition,

2) the conditions to which the transitional rooms should correspond to the Police Organisational Units in which the persons detained or brought to the service, waiting for carriage into the room for detainees may be placed on the premises or to a child's police chamber or to a penitentiary unit,

3) the conditions that should correspond to temporary transitional premises, which may be created outside the Police units, in which persons detained or brought in connection with the violation of the legal order may be placed on time necessary to decide on the further scope and nature of the work carried out on those persons,

(4) the conditions to which the police chambers of the child should be responsible,

5) the rules of residence of persons in the premises, rooms and chambers referred to in paragraph. 1 point 4a, having regard to their location, equipment, technical conditions of the premises and the necessary components,

6) how to store and destroy the records of the image from the premises, rooms and chambers referred to in the paragraph. 1 point 4a, and the making available to authorised entities and the conditions for the proper protection of an image persisted against loss, distortion or unauthorised disclosure

-guided by the need to ensure the effectiveness of the actions taken by the Police and the need to ensure respect for the rights of persons to whom these actions are taken.

11. Collected image records from the premises, chambers and rooms referred to in paragraph. 1 point 4a, not containing evidence to enable criminal proceedings to be brought or proceedings in cases of misconduct, disciplinary action or which may be used in the proceedings under investigation or evidence The police shall keep for at least 30 days, but not longer than 60 days from the date of registration, and shall destroy them.

Art. 15a. [ Detention mode of domestic violence perpetrators] The Police Officer shall have the right to stop the perpetrators of violence in a family posing a direct threat to life or human health in accordance with the procedure laid down in the Article. 15.

Article 16. [ Direct coercive measures] 1. In the cases referred to in art. 11 points 1-6 and 8-14 of the Act of 24 May 2013. with direct coercive measures and firearms (Dz. U. Entry 628), police officers may use direct coercive measures, referred to in art. 12 (1) 1 points 1 to 13 and 17 to 20 of this Act, or to use those measures.

2. In the cases referred to in art. 45 pt. 1 lit. a-c and e, points 2, 3 and 4 (a) a and b and in art. 47 of the Act of 24 May 2013. with direct coercive measures and firearms, police officers may use or use firearms.

3. The use and use of means of direct coercion and firearms and the documentation of this use and use shall be carried out on the principles laid down in the Act of 24 May 2013. with direct coercive measures and firearms.

Art. 16a. [ Measures of coercion directly against a minor] Against a minor brought to the police chamber of the child, in the cases referred to in art. 11 paragraphs 1-3, 8 and 10-14 of the Act of 24 May 2013. of direct coercive measures and firearms, police officers may use the direct coercive measure referred to in Article 4. 12 (1) 1 point 1, point 2 (b) a and b, paragraphs 3, 4, 6, 7, point 12 (a) a and point 13 of that law.

Article 17. (repealed).

Article 18. [ Considerations of the possibility of using branches and subdivisions of the Armed Forces of the Republic of Poland] 1. In the event of a threat of public security or disturbance of public order, especially by means of bringing:

1) the general danger to the life, health or freedom of citizens,

2) imminent danger to property in significant sizes,

3) imminent threat of objects or devices important to the security or defence of the State, the headquarters of the central state bodies or the judiciary, the facilities of the economy or of national culture and diplomatic representations and consular offices of foreign states or international organizations, as well as facilities dispensed by an armed protective formation formed on the basis of separate regulations,

(4) the threat of a terrorist offence or of its accomplishments in relation to objects of particular importance for the security or defence of the State, or which may result in danger to human life

-if the use of branches and subdivisions of the Police is not sufficient, the troops and subdivisions of the Armed Forces of the Republic of Poland, hereinafter referred to as the Armed Forces, may be used to assist the police and subdivisions of the Police.

2. (repealed).

3. Use of the Armed Forces, in the cases referred to in paragraph. 1, takes place on the basis of the provisions of the President of the Republic of Poland issued at the request of the Prime Minister.

4. The aid referred to in paragraph 1 1, may also be given in the form carried out by the branches and subdivisions of the Armed Forces against the threat or the criminal offence referred to in paragraph 1. Article 1 (4), where the branches and sub-branches of the Police do not have the capacity to effectively counter these threats.

(5) In cases of urgency, the decision to grant the aid referred to in paragraph 1 shall be taken into question. 1 and 4, takes the Minister of National Defence, at the request of the Minister responsible for internal affairs, specifying the scope and form of assistance, notifying the President of the Republic of Poland and the President of the Council of Ministers thereof immediately.

6. The President of the Republic of Poland shall immediately issue a decision on the approval or repeal of the decision referred to in paragraph. 5.

7. The soldiers of the Armed Forces and of the Armed Forces headed to the assistance of the troops and subdivisions of the Police shall be entitled to the extent necessary to carry out their tasks, to all persons, the powers of the policemen referred to in Art. 15 and art. 16. The use of these powers shall be subject to the rules and in the mode specified for policemen.

8. The Council of Ministers shall determine by way of regulation:

1) the detailed conditions and means of using the branches and subdivisions of the Police and the Armed Forces;

2) how to coordinate the activities undertaken by the Police and Armed Forces in the form specified in the paragraph. 1 and 4;

3) the mode of exchange of information and the manner of logistical support of the activities of the Police conducted with the assistance of the troops and subdivisions of the Armed Forces.

9. The regulation referred to in paragraph. 8, should take into account:

1) the degree of threat of public security or disturbance of public order, including a terrorist offence, and the foreseeable development of the situation;

2) preservation of the continuity of command, including the forces of the Armed Forces;

(3) the protection of the information exchanged and the scope of the police logistical support.

Art. 18a. [ Use of Military Gendarmerie soldiers] 1. In the event of a threat of security and public order, if the Police forces are insufficient to perform their tasks in the scope of security protection and public order, the President of the Council of Ministers, at the request of the Minister competent for affairs internal agreed with the Minister of National Defence, may order the use of Military Gendarmerie soldiers to provide assistance to the Police.

2. In the case referred to in paragraph. 1, the soldiers of the Military Gendarmerie shall be entitled, to the extent necessary for the performance of their tasks, to all persons, the powers of the policemen specified in Art. 15 and art. 16. The use of these powers shall be subject to the rules and in the mode specified for policemen.

Art. 18b. [ Use Of Border Guards] 1. In the event of a threat to public security or public order, if the use of the Police Office proves to be insufficient, the minister competent for internal affairs may order the use of Border Guard officers to provide assistance to the Police.

2. The aid referred to in paragraph 2. 1, may be granted by the Border Guard officers also in the form of independent actions.

3. Officers of the Border Guard to carry out the tasks of providing assistance to the Police shall be entitled, to the extent necessary for the performance of the tasks, to the powers of the policemen referred to in the Article. 15 para. 1 points 1 to 3 and 4 to 5a and Article 16, with the exception of the power to use or use water-decaying means. The use of these powers shall be subject to the conditions and in accordance with the procedure laid down for policemen.

Art. 18c. [ Application of telecommunizing devices] 1. In the cases referred to in art. 18 (1) 1, Chief of Police Chief or Commandant of the Police voivodship may order the use by the Police of devices preventing telecommunications in a specific area, for the time necessary to eliminate the threat or its effects, with taking into account the need to minimise the impact of the impossibility of using telecommunications services.

2. About the use of the devices referred to in paragraph. 1, Chief of the Police Chief or Commandant of the Police Office shall immediately inform the President of the Office of Electronic Communications.

Article 19. [ Operational Auditing] [ 1] 1. In performing the operational and reconnalisation activities, undertaken by the Police to prevent, detect, determine the perpetrators, and obtain and perpetuate evidence prosecuted against public prosecutions, intentional criminal offences:

1) against the life referred to in art. 148-150 of the Penal Code,

2. as specified in Article 134, Art. 135 § 1, art. 136 § 1, art. 156 § 1 and 3, art. 163 § 1 and 3, art. 164 § 1, art. 165 § 1 and 3, art. 166, art. 167, art. 173 § 1 and 3, art. 189, art. 189a, art. 211a, art. 223, art. 228 § 1 and 3-5, art. 229 § 1 and 3-5, art. 230 § 1, art. 230a § 1, art. 231 § 2, art. 232, art. 245, art. 246, art. 252 § 1-3, art. 258, art. 269, art. 280-282, art. 285 § 1, art. 286 § 1, art. 296 § 1-3, art. 296a § 1, 2 and 4, art. § 299 § 1-6 and art. 310 § 1, 2 and 4 of the Penal Code,

2a) referred to in Article 46 (1) 1, 2 and 4, art. 47 and Art. 48 (1) 1 and 2 of the Act of 25 June 2010. o sport (Dz. U. No 127, item. 857, with late. zm.),

3. against the economic defence, as referred to in Article 3 (3). 297-306 of the penal code causing damage to property or directed against property, if the amount of the damage or the value of the property exceeds 50-times the amount of the lowest remuneration for the work determined on the basis of separate provisions,

3a) against sexual freedom and customs when the victim is a minor or when pornographic content, referred to in art. 202 of the Penal Code, include the participation of a minor,

4) treasury, if the value of the subject of the act or the deplating of public debt exceeds 50-times the amount of the lowest remuneration for the work determined on the basis of the separate provisions,

4a) the treasury referred to in Art. 107 § 1 of the Code of Criminal Treasury,

5. the illicit manufacture, holding or marketing of arms, ammunition, explosives, narcotic drugs or psychotropic substances or their precursors and nuclear and radioactive materials,

6. as specified in Article 8 of the Act of 6 June 1997. -Provisions introducing the penal code (Dz. U. Nr. 88, pos. 554, of late. zm.),

7. as specified in Article 43-46 of the Act of 1 July 2005. o collection, storage and transplantation of cells, tissues and organs (Dz. U. Nr. 169, pos. 1411, of 2009 No. 141, pos. 1149, 2010 No. 182, pos. 1228 and 2011 No. 112, item. 654),

8) [ 2] being prosecuted under international agreements and agreements,

when other means have proven to be ineffective or will be unhelpful, the district court may, by way of order, order the operational control, at the written request of the Commandant of the Police Chief or Commander of the CBPA, filed after obtaining the Procurator's written consent General, or at the written request of the Commandant of the voivodship Police, filed after obtaining the written consent of the district attorney competent due to the seat of the applicant's request of the Police Authority.

1a. The application referred to in paragraph 1. 1, shall be presented together with the materials justifying the need for operational control.

2. The attitude referred to in paragraph 2. 1, it shall issue the jurisdiction of the district court on account of the location of the applicant's request for the police authority.

3. In cases of urgent delay, if this could result in the loss of information or the destruction or destruction of evidence of a crime, the Chief of Police, the Commander of the CBPA or the Commandant of the Provincial Police may order, upon written approval, the consent of the competent prosecutor referred to in the paragraph. 1, operational control, while at the same time addressing the competent local district court with a request for an order in this case. In the event that the court does not agree within five days of the management of the operational control, the management authority shall suspend operational control and carry out a protocol on the destruction of the materials collected during its application.

4. (repealed).

5. In the case of the need for the provision of operational control against the suspected or accused person, the request of the Police Authority referred to in paragraph. 1, the management of the operational control shall be provided with information on the conduct of the person in charge.

6. The operational control shall be carried out implicitly and shall consist of:

1) controlling the content of correspondence;

2. control of the contents of consignments;

3) [ 3] the use of technical means capable of producing, in an implicit manner, information and evidence and the preservation thereof, and in particular the content of telephone conversations and other information transmitted by telecommunications networks.

7. The request of the Police Authority referred to in paragraph. 1, the management by the district court of operational control shall, in particular, include:

1) the number of the case and its crypto, if it has been given;

2) a description of the offence stating, as far as possible, its legal qualification;

3) the circumstances justifying the need for operational control, including the finding of ineffectiveness or non-usefulness of other measures;

4. data of a person or other data, allowing the entity or object to be unambiguous to be clearly identified, to which operational control shall be applied, indicating the place or manner of its use;

5. the purpose, time and nature of the operational control referred to in paragraph 1. 6.

8. The operational control shall be managed for a period of not more than 3 months. The district court may, on a written request of the Commandant of the Police Chief, Commander of the CBPA, or the Commandant of the Police Office, filed after obtaining the written consent of the competent prosecutor referred to in the paragraph. 1, for a period of not more than another 3 months, issue an order with a one-off extension of the operational control, if the reasons for this check have not been established.

9. In justified cases, when new circumstances relevant for the prevention or detection of a criminal offence or the determination of the perpetrators and the obtaining of evidence of a criminal offence arise during the application of the operational control, the district court, upon written request The Commandant of the Police Chief, filed after obtaining the written consent of the Attorney General, may issue an order of operational control for the time also marked after the expiry of the periods referred to in paragraph. 8.

10. The applications referred to in paragraph 1. Paragraphs 3, 8 and 9 shall apply mutatis mutandis. 1a and 7. The court before the adoption of the provision referred to in paragraph. (1), (3), (8) and (9), shall be acquainted with the materials justifying the application, in particular those gathered in the application of the operational control managed in this case.

11. The applications referred to in paragraph 1. 1, 3-5, 8 and 9, the district court recognizes the court in one person, with the court's actions relating to the recognition of these applications should be carried out under the conditions provided for the transmission, storage and provision of classified information, and of the applicable application of the provisions adopted on the basis of Article 181 § 2 of the Code of Criminal Procedure. Only the prosecutor and the representative of the Police Office requesting the management of the operational control may take part in the court session.

12. Telecommunication operators and postal service providers shall be obliged to provide at their own cost the technical and organisational conditions enabling the Police to conduct an operational control.

(13) The operational control should be completed as soon as the reasons for its order have been established, but at the latest at the end of the period for which it was entered.

14. The Police Body referred to in paragraph 1, inform the competent prosecutor of the results of the operational control after it is completed, and at his request also about the course of this check.

15. In the case of obtaining evidence allowing the initiation of criminal proceedings or relevant for the criminal proceedings of the Police Chief, the Chief of the CBPA or the Police Commander of the Police Office, shall inform the prosecutor of whom Paragraph 1. 1, all materials collected during the application of operational control. In the proceedings before the court, in respect of those materials, Articles shall apply mutatis mutandis. 393 § 1 sentence of the first Code of Criminal Procedure.

15a. The use of evidence obtained in the application of the operational control shall be admissible only in criminal proceedings in a criminal offence or a treasury offence, for which it is permissible to apply such control by any eligible entity.

15b. The procurator referred to in paragraph. 1, make a decision on the scope and use of the transferred materials. Article 238 (3) to (5) and Article 238 (3) 239 of the Code of Criminal Procedure shall apply mutatis mutandis.

15c. If, as a result of the application of operational control, evidence has been obtained of a criminal offence or of a treasury offence for which an operational control may be ordered by the person to whom the operational control was applied, other than that covered by the management of the operational control, or by another person, in accordance with the procedure laid down in the criminal proceedings, by order of the decision of the court which ordered the operational control, or agreed to it in accordance with the procedure laid down in the paragraph 3, at the request of the prosecutor referred to in the mouth. 1.

15d. The application referred to in paragraph 1. 15c, the prosecutor directs to the court no later than one month from the date of receipt of the materials collected during the application of the operational control, transferred to him by the Police body immediately, but not later than within 2 months from the day the completion of this check.

15e. The Tribunal shall issue the order referred to in paragraph 1. 15c, within 14 days from the date of submission of the application by the prosecutor.

16. The self to whom the operational control was applied does not make available the materials collected during the course of this inspection. The provision shall not affect the powers deriving from Article 1 321 of the Code of Criminal Procedure.

17. Collected during the application of the operational control, materials which do not contain evidence that permit the initiation of criminal proceedings or evidence of relevance for criminal proceedings are subject to an immediate, protocol, and to the Commission of the destruction. The destruction of materials shall be managed by the Police Department, which has requested the management of the operational control.

17a. About the issue and implementation of the ordinance concerning the destruction of the materials referred to in paragraph. 17, the Police Department is obliged to immediately inform the prosecutor referred to in the mouth. 1.

18. (repealed).

19. (repealed).

20. To the provisions of the court on the operational control referred to in paragraph 1. 1, 3, 8 and 9, shall be entitled to complaint to the Police Department which has applied for the purpose of this provision. The provisions of the Code of Criminal Procedure shall apply mutatis mutandis to the complaint.

21. The Minister responsible for internal affairs, in consultation with the Minister of Justice and the Minister responsible for communication, shall determine, by means of a regulation, how to document the operational control and the storage and transmission of applications. and of the storage, transmission and processing and destruction of materials obtained in the application of this control, taking into account the need to ensure the implicit nature of the operations and materials obtained and the designs obtained the printed forms and registers used.

22. The Minister responsible for internal affairs shall report annually to the Sejm and to the Senate about the activities referred to in the paragraph. 1-21, including the information and data referred to in art. 20 para. 3. The information shall be presented to the Sejm and to the Senate by 30 June of the year following the year of the year.

Art. 19a. [ Purchases controlled] 1. In matters of criminal offence referred to in art. 19 (1) 1 operational and reconnaiture activities aimed at verifying the previously obtained reliable information on the offence and establishing the perpetrators and obtaining evidence of a criminal offence may consist in an implicit acquisition, disposal or acquisition objects forfeited or forfeited or whose manufacture, possession, transport or circulation is prohibited, as well as the acceptance or presentation of an asset's benefit.

2. The operational and reconnalial activities referred to in paragraph 2. 1, may also consist of a proposal to acquire, dispose of or take over items of crime which are forfeited or whose manufacture, possession, transport or circulation is prohibited, as well as of acceptance or the presentation of an asset benefit.

3. Chief of Police Chief, Commander of the CBPA or commandant of the Police Office may order, for a specified period of time, the activities referred to in paragraph. 1 and 2, after obtaining the written consent of the district attorney competent due to the seat of the requesting Police authority, which shall be kept informed of the results of the activities carried out. The prosecutor may order a failure to act at all times.

3a. Prior to the written consent of the prosecutor, the prosecutor shall consult the materials justifying the carrying out of the activities referred to in paragraph. 1 and 2.

4. The activities referred to in paragraph 1. 1 and 2, shall be administered for a period of not more than 3 months. Chief of the Police Chief, Commander of the CBPA, or commandant of the Police Office may, after obtaining the written consent of the prosecutor referred to in the paragraph. 3, to extend the application for a period of time no longer than another 3 months if the reasons for their order have not been established. The provisions of the paragraph 3a shall apply mutatis mutandis.

5. In justified cases, when applying the activities referred to in paragraph. 1 and 2, there will be new circumstances relevant for the examination of the previously obtained reliable information about the crime and the findings of the perpetrators and the obtaining of evidence of the crime, the Chief of Police, the Commander of the CBPA or the Commandant of the Police voivodship may, after obtaining the written consent of the prosecutor referred to in the mouth. 3, to order the continuation of the activity for a period of time also marked after the expiry of the periods referred to in paragraph 3. 4. Paragraph Recipe 3a shall apply mutatis mutandis.

6. The activities referred to in paragraph 1. 1 and 2, may be implicitly recorded by means of an image or sound recording device.

7. In the case of obtaining evidence allowing the initiation of criminal proceedings or relevant for the criminal proceedings of the Police Chief, Commander of the CBPA or the Police Commander of the Police Office, shall transmit to the District Attorney, referred to in paragraph 1 3, all materials collected during the application of the activities referred to in paragraph. 1 and 2. In the proceedings before the court, in respect of those materials, Articles shall apply mutatis mutandis. 393 § 1 sentence of the first Code of Criminal Procedure.

8. Collected during the application of the activities referred to in paragraph. 1 and 2, materials which do not contain evidence permitting the initiation of criminal proceedings or of evidence of the importance of the criminal proceedings pending shall be subject to an immediate, protocol, and to the commission of destruction. The destruction of the materials shall be managed by the Police Department, which has requested the operation to be managed.

8a. About the issue and implementation of the Ordinance on the destruction of the materials referred to in paragraph. 8, the Police Department shall be obliged to inform the prosecutor referred to in paragraph without delay. 3.

9. The Minister responsible for internal affairs, in consultation with the Minister of Justice, shall determine, by means of a regulation, the manner of carrying out and documenting the activities referred to in paragraph 1. 1 and 2, as well as the transmission, processing and destruction of materials obtained in the application of these operations, taking into account the need to ensure the implicit nature of the operations and materials obtained and the designs used for the printed and Registers.

Art. 19b. [ The management of the discreet surveillance of the objects of crime] 1. In order to document the offences referred to in art. 19 (1) 1, or the findings of the identity of the persons involved in these crimes or the taking over of the items of the crime of the Police Chief, the Commander of the CBPA or the Commandant of the Police voivodship may order implicit supervision of the production, staging, the storage and marketing of the objects of a crime, if it does not create a threat to life or human health.

2. On the arrangement referred to in paragraph 1. 1, the district attorney responsible shall be notified immediately to the office of the police authority responsible for the performance of the duties of the Police Department. The prosecutor may order a failure to act at all times.

3. The Police Authority referred to in paragraph 1, shall inform the district attorney about the results of the activities carried out.

4. Applied to the ordinance referred to in paragraph 1. 1, public authorities and bodies and economic operators shall be obliged to permit the continuation of consignments of items of crime in the intact state or after their removal or replacement, in whole or in part, of the offence.

5. In the case of obtaining evidence enabling the initiation of criminal proceedings or relevant for the criminal proceedings of the Police Chief, the Chief of the CBPA or the Commander of the Police voivodship shall inform the prosecutor of whom Paragraph 1. 2, all materials collected during the application of the activities referred to in paragraph. 1. In the proceedings before the court, in respect of those materials, Articles shall apply mutatis mutandis. 393 § 1 sentence of the first Code of Criminal Procedure.

6. The Minister responsible for internal affairs, in consultation with the Minister of Justice, shall determine, by means of a regulation, the manner of carrying out and documenting the activities referred to in paragraph 1. 1, taking into account the need to ensure the implicit nature of the operations and materials obtained, and the designs of the printed and the registers used.

Article 20. [ Police powers related to obtaining and collecting information] 1. Police, subject to restrictions resulting from the Art. 19, it may obtain information, including implicitly, collect, check and process them.

2. (repealed).

2a. Police may download, obtain, collect, process and use for the execution of tasks statutory information, including personal data, about the following persons, also without their knowledge and consent:

1) persons suspected of committing crimes prosecuted from public prosecutions;

2) juveniles committing acts prohibited by the law as crimes prosecuted from public prosecutions;

3) individuals with an unspecified identity or attempting to conceal their identity;

4) persons posing a threat, referred to in the Act of 22 November 2013. to deal with persons with mental health problems posing a threat to the life, health or sexual freedom of other persons;

5) persons sought;

6) missing persons.

2aa. The Police, for the purpose of carrying out statutory tasks, may collect, obtain, collect, process, verify and use information, including personal data, obtained or processed by the authorities of other States and by the International Police Organization Criminalistic-INTERPOL.

2ab. The police may provide information, including personal data, for preventing or combating crime to the authorities of other countries or the International Criminal Police Organisation (INTERPOL) referred to in paragraph. 2aa, on the basis and in accordance with the procedure laid down in the Act of 16 September 2011. to exchange information with law enforcement authorities of the Member States of the European Union (Dz. U. Nr. 230, pos. 1371), in the law of the European Union and in the provisions of international agreements.

2b. The information referred to in paragraph 1. 1, 2a, 2aa and 2ab shall refer to the persons referred to in paragraph 1. 2a and may include:

1) the personal data referred to in art. 27 ust. 1 of the Act of 29 August 1997. the protection of personal data, except that the data relating to the genetic code include information only about the non-coding part of DNA;

2) fingerprints of the fingerprint;

3) photos, sketches and descriptions of the image;

4) features and special marks, pseudonyms;

5. information on:

(a) place of residence or stay,

(b) education, occupation, location and job as well as the material situation and the state of property,

(c) the documents and objects which the perpetrator uses,

(d) the operation of the perpetrator, his environment and his contacts,

(e) the behaviour of the perpetrators towards the victims.

2c. The information referred to in paragraph 1. 2a shall not be collected where they have no evidence of detection, evidence or identification in the conduct of the proceedings.

3. If this is necessary for the effective prevention of criminal offences as referred to in Article 3, 19 (1) 1 or their detection or determination of the perpetrators and obtaining evidence, the Police may use the information concerning insurance contracts, and in particular of the entities processed by the insurance companies of the entities, including persons who have concluded the contract insurance, as well as processed by the banks of information constituting a banking secret.

4. The information and data referred to in the paragraph. 3, and information relating to the transmission of this information and data shall be subject to the protection provided for in the provisions for the protection of classified information and may be made available only to police officers carrying out activities in a given case and their superiors, to supervising the operational and surveillance activities carried out by them in this case. The file containing this information and data shall also be made available only to the courts and prosecutors, if this is done in order to prosecute the criminal.

5. The information and data referred to in the paragraph. 3, shall be made available on the basis of the order issued at the written request of the Chief of the Police Chief, Commander of the CBPA, or the Commander of the Provincial Police by a district court due to the seat of the requesting authority by the local district court.

6. The application referred to in paragraph 1. 5, it shall contain:

1) the number of the case and its crypto, if it has been established;

2) a description of the offence stating, as far as possible, its legal qualification;

3) circumstances justifying the need to provide information and data;

4. an indication of the entity to whom the information and data relate;

5) the entity obliged to provide information and data;

6) type and scope of information and data.

7. After examination of the application, the court shall, by order, agree to provide the information and data of the designated entity, specifying their type and scope, the entity obliged to make them available and the authority of the Police authorized to ask for the transmission of information and data or refuses to give consent to the provision of information and data. Article Recipe 19 (1) 11 shall apply mutatis mutandis.

8. To the order of the court referred to in paragraph. 7, shall be entitled to a complaint by the Police Office requesting the order.

9. The competent authority of the Police authority shall inform the operator in writing to provide information and data about the nature and extent of the information and data to be made available, the entity to whom the information and data relate, and the person of the policeman authorised to receive them.

10. Within 90 days from the date of communication of the information and the data referred to in paragraph. 3, Police, subject to paragraph. 11 and 12, shall inform the operator referred to in paragraph 1. In accordance with Article 6 (4) of the Treaty on the European Community, the Court of Justice of the European Court of Justice

11. The Tribunal, which issued an order to make the information and data available, at the request of the Commandant of the Police Chief or the Commander of the CBPA, filed after obtaining the written consent of the Attorney General, may suspend, by means of the order, for the time marked, with the possibility of further prolonging, the obligation referred to in paragraph. 10 if it is likely that the party referred to in the paragraph is informed. Article 6 (4) may harm the results of the operational and reconnaliative activities undertaken. Article Recipe 19 (1) 11 shall apply mutatis mutandis.

12. If, during the period referred to in paragraph 1, 10 or 11, a preparatory proceeding was initiated, the entity referred to in paragraph 1. 6 (4) shall be notified of the decision of the court of access to the information and data by the prosecutor or, at his request, by the Police before the closure of the preparatory proceedings or immediately after its dismissal.

13. If the information and data referred to in paragraph 3, they have not provided the basis for the opening of the preparatory proceedings, the authority requesting the provision shall, in writing, notify the operator who has transmitted the information and the data.

14. The State Treasury shall be liable for damage caused to the infringement of the provisions of the paragraph. 4 on the principles set out in the Civil Code.

15. Police in order to prevent or detect criminal offences and identify persons may obtain, collect and process information, including personal data from the collections carried out on the basis of separate regulations by the public authorities, and in In particular, from the National Criminal Register and the PESEL register, including those in which information is processed, including personal data obtained from the exercise of the operational and reconnalial activities. The controllers of the data collected in these registers shall be made available free of charge.

16. The public authorities carrying out the registers referred to in paragraph 15, may, by decision, agree to make available via telecommunications equipment the information collected in the registers of the Police Organisational Units, without the need to submit written submissions, if the entities:

1) have facilities for recording in the system, who, when, for what purpose and what data he has obtained;

2) have technical and organisational safeguards to prevent the use of data not in accordance with the purpose of obtaining them;

3) this is justified by the specificity or scope of the tasks or activities carried out.

16a. The personal data referred to in paragraph 1. 2a, 2aa, 2ab and paragraph 15, with the exception of the personal data referred to in art. 27 ust. 1 of the Act of 29 August 1997. on the protection of personal data, the Police may process:

1) for a different purpose than the one in which the data were collected, obtained, transferred, made available or collected-if this is necessary for the performance of the Police statutory tasks;

2) for historical, statistical or other scientific purposes-if these data have been modified in such a way as to make it impossible to assign an identification number or specific physical, physiological, mental, economic, The cultural or social identified or identifiable natural person, or the allocation would require disproportionate costs, time or actions.

17. The personal data collected for the detection of a crime shall be stored for the period necessary to carry out the statutory tasks of the Police. The Police Authorities shall verify the data at the end of the case in which the data were entered into the file and, in addition, at least every 10 years from the date on which the information was obtained or collected, removing the unnecessary data.

17a. Personal data deemed unnecessary may be converted in such a way as to prevent the attachment of individual personal or factual information to a specific or identifiable natural person, or in such a way that the attachment of a person's personal or factual information is not necessary. such a requirement would require disproportionate costs, time or actions.

17b. The personal data referred to in paragraph 1. 17, it shall be deleted if the police authority has received reliable information that:

(1) the act giving rise to the entry of information into the file has not been committed or there is no sufficient data to justify the suspicion of committing it;

2) the event or circumstance, in connection with which the information has been entered into the file, does not have the marks of the prohibited act;

3) the data subject has been acquitted by the final judgment of the court.

18. Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, religious affiliation, party or union membership, and data on the state of health, addictions or sexual life of persons suspected of the commission of criminal offences, which have not been convicted of such offences, shall be subject to a committee and a protocol of destruction as soon as an appropriate decision has been made.

19. The Minister responsible for internal affairs will determine, by means of regulations, the collection mode, the means of processing information, including the personal data referred to in paragraph. 2a, 2aa and 2ab, in datasets, the types of police services authorised to use those files, the models of the documents in force for the processing of data and the way in which data is assessed for their relevance in the course of proceedings, Having regard to the need to protect data from unauthorised access and the conditions for failure to collect certain types of information, and in the case of the information referred to in paragraph 1. 2aa and 2ab, taking into account the need to adapt to the requirements laid down by the authorities of other countries or by the International Criminal Police Organisation-INTERPOL indicated in the paragraph. 2aa in connection with the collection or obtaining of this information.

Art. 20a. [ Measures to protect policemen, methods of carrying out tasks, information and police facilities] 1. In connection with the performance of tasks listed in Art. 1 (1) 2 Police shall ensure the protection of the forms and methods of carrying out tasks, information and own objects and data identifying policemen.

2. When performing operational and reconnatal activities, police officers may use documents which prevent the identification of data identifying the policeman and the means by which he/she is used for the performance of his duties.

3. In particularly justified cases, the provision of a paragraph. 2 may apply to the persons referred to in art. 22 par. 1.

3a. Not committing a crime:

1) who instrucs the preparation or directs the drawing up of the documents referred to in paragraph. 2 and 3;

2) who shall draw up the documents referred to in paragraph. 2 and 3;

3) who provides assistance in drawing up the documents referred to in the paragraph. 2 and 3;

4) a policeman or a person mentioned in the mouth. 3 if the documents referred to in paragraph. 2 and 3, they use the operational and reconnalial activities.

3b. Government bodies and local government bodies shall be obliged to assist the Police, within the limits of their jurisdiction, with the necessary assistance in issuing and securing the documents referred to in paragraph 1. 2 and 3.

4. The Minister responsible for internal affairs shall determine, by means of regulations, detailed rules and mode of issue, use and keeping of the documents referred to in paragraph 1. 2 and 3, taking into account the types of documents and the purpose in which they are issued, the authorities and persons entitled to issue, use and store documents, the time for which the documents are issued, the steps to ensure the protection of documents and the way in which documents are to be issued storage and records.

Art. 20b. [ Indication of the possibility of providing certain protected information] The provision of information on detailed forms, rules and organisations of operational and recognisable activities, as well as of the actions carried out and of the measures to be followed and the methods of implementation thereof, may take place only if there is a a reasonable suspicion of the commission of a criminal offence prosecuted in connection with the performance of those acts. In this case, the information shall be provided in accordance with the procedure laid down in Article 9 of the Act of 21 June 1996. about certain powers of the employees of the office serving the Minister responsible for internal affairs and the officers and employees of the offices supervised by this Minister (Dz. U. No. 106, pos. 491, of late. zm.).

Art. 20c. [ Telecommunications data available] 1. [ 4] In order to prevent or detect criminal offences, the data referred to in Article 1 shall be made available to the Police. 180c and 180d of the Act of 16 July 2004. -Telecommunications law (Dz. U. Nr. 171, pos. 1800, with late. zm.), hereinafter referred to as "telecommunication data", and may process them.

2. The telecommunication business operator shall make telecommunications data free of charge:

1) a police officer indicated in the written request of the Chief of the Police Chief, Commandant of the CBPA, Commandant of the provincial Police or the person authorized by them;

2) at the oral request of a policeman holding a written authorization of the persons referred to in point 1;

3. by means of a telecommunications network to a police officer holding a written authorisation of the persons referred to in point 1.

2a. In the case referred to in paragraph. The provision of telecommunications data shall take place without the participation of employees of the telecommunication operator or with the necessary participation, if such possibility is provided for in the agreement concluded between the Comendant-Komendantem The main police and the subject.

3. (repealed).

4. (repealed).

5. The provision of telecommunication data to the Police can be made through a telecommunications network if:

1. the telecommunication networks used shall ensure:

(a) the possibility of establishing the person obtaining the data, their nature and the time in which they were obtained,

(b) technical and organisational security that prevents unauthorised access to data;

2) this is justified by the specificity or scope of tasks performed by the Police or the activities carried out by the Police Department.

6. Materials obtained as a result of the actions taken on the basis of the lips. 2, which contain information relevant to the criminal proceedings, the Police shall provide the competent local and factual prosecutors with the competent authority.

7. Materials obtained as a result of the actions taken on the basis of the lips. 2, which do not contain information relevant to criminal proceedings, shall be subject to an immediate commission and to a destructive destruction.

8. (repealed).

Art. 20d. [ Disclosure of data of persons using postal services] 1. Data relating to persons using postal services and data concerning the fact and circumstances of the provision or use of these services may be disclosed to the Police and processed by it solely for the purpose of preventing or detecting criminal offences; and their perpetrators.

2. Disclosure of the data referred to in paragraph. 1, shall take place at:

1) a written request of the Chief of the Police Chief, Commander of the CBPA, or the Commandant of the Provincial Police;

2) a request by a police officer with a written authorisation of the persons referred to in point 1.

3. Entities entitled to provide postal services, on the basis of the Act of 23 November 2012. -Postal law (Journal of Laws item. 1529) are obliged to make the data available, as defined in the paragraph. 1, to the police officers designated in the request of the Police Department.

Art. 20da. [ Police powers to search for missing persons] 1. In order to search for missing persons, the Police may have:

1) the data provided, referred to in art. 180d of the Act of 16 July 2004. -Telecommunications law, and may process them; the provisions of Article 20c ust. 2, 2a, 5 and 6 shall apply;

2) the disclosure of data concerning persons using postal services and data concerning the fact and circumstances of the provision or use of these services and may process them; the provisions of art. 20d ust. 2 and 3 shall apply.

2. Materials obtained as a result of the activities referred to in paragraph. 1, which does not contain any information relevant to the search for missing persons, shall be subject to an immediate commission and a protocol of destruction.

Art. 20e. [ Principles Of Operation Of The System Of Police Command Assistance] 1. The Police Command Assistance System, hereinafter referred to as the "SWD Police", constitutes a ICT system supporting the performance of statutory tasks by the Police Organizational Units, as well as the receipt of emergency calls from the notification centers the bailout referred to in the Act of 22 November 2013. a rescue notification system (Dz. U. Entry 1635).

2. Police Chief Constable shall ensure the maintenance, extension and modification of Police SWD.

3. Maintenance, expansion and modifications of the Police SWD shall be financed from the State budget, of the part of which the Minister responsible for internal affairs is available.

4. The Minister responsible for internal affairs will determine, by regulation, the functional parameters of the Police SWD, the manner of its operation in emergency situations and the manner of maintenance, bearing in mind the need to ensure the optimal level of cooperation between the computerised system for the emergency notification system and the SWD Police.

Article 21. [ The provision of information about a person] 1. The provision of information about the person, obtained at the time of execution of the operational and reconnalial activities and in the mode referred to in art. 14 para. 4, shall be permitted only at the request of the court or the prosecutor, and the use of this information may occur only for the purpose of criminal prosecution.

2. The prohibition set out in paragraph. 1 shall not apply if the Act imposes an obligation or allows such information to be provided to a particular body or such an obligation arises from international agreements or agreements, and in cases where the conceit of such information would lead to such information being to the risk of life or health of other persons.

3. (repealed).

4. (repealed).

Article 21a. [ DNA data file] 1. The chief of the Police Chief runs a data collection containing information on the results of the analysis of deoxyribonucleic acid (DNA), hereinafter referred to as the "DNA data collection", which is an administrator within the meaning of the Act of 29 August 1997. on the protection of personal data.

2. In the DNA data collection, the following shall be collected and processed:

1) the information referred to in paragraph. 1, with regard to:

(a) persons referred to in Article 74 and art. 192a of the Code of Criminal Procedure,

(b) persons with unestablished identity and persons attempting to conceal their identity,

(c) human corpses with an unestablished identity,

(d) traces of unknown perpetrators of crime,

(e) the persons posing a risk as referred to in the Act of 22 November 2013. about proceedings against persons with mental disorders creating a threat of life, health or sexual freedom of other persons,

(f) missing persons,

(g) the persons referred to in Article 15 para. 1 point 3a (c)

(h) juveniles of committing acts prohibited by law as being prosecuted from public prosecutions;

2. data on the persons referred to in point 1 (b). a and e-h, including:

(a) forenames, surnames or aliases,

(b) the names of the parents of those persons,

(c) date and place of birth,

(d) the identification and identification of the identity document,

(e) home address,

(f) the PESEL registration number,

(g) nationality and sex.

3. In the DNA data file, samples taken from the person or from human corpses are collected for the analysis of deoxyribonucleic acid (DNA), in the form of mucosal swabs of the cheeks, blood, hair bulbs or secretions, and in relation to the body of human biological material in the form of tissue samples, hereinafter referred to as 'biological samples'.

4. The Chief Commander of the Police shall verify the data collected in the DNA data file, applying the provision of art accordingly. 20 para. 17.

Article 21b. [ The base for the introduction of data into the DNA database] The information referred to in Article 21a (b) 1, shall be entered in the DNA data file on the basis of the ordinance:

1) the body conducting the preparatory proceedings or the court-in the case of analysis of deoxyribonucleic acid (DNA) carried out in connection with criminal proceedings, proceedings in juvenile cases or proceedings referred to in the Act of 22 November 2013 to deal with persons with mental health problems posing a threat to the life, health or sexual freedom of other persons;

2) the competent local police authority-in the case of persons with an unestablished identity, persons attempting to conceal their identity, the corpses of human beings with an undetermined identity, persons missing persons and persons referred to in art. 15 para. 1 point 3a (a) c.

Article 21c. [ The provision of information contained in the DNA data file] The information collected in the DNA data file shall be granted free of charge to the authorities conducting the criminal proceedings, the handling of juvenile cases or the investigative or identification tasks.

Article 21d. [ Retention of DNA in a dataset] 1. Biological samples and information on the results of the analysis of deoxyribonucleic acid (DNA) are stored in the DNA data collection for up to 20 years and used to fight crime or identify individuals.

2. Biological samples and information concerning the results of the analysis of deoxyribonucleic acid (DNA) suspected, accused or convicted in connection with the commission of the crimes or performances specified in Chapters XVI-XX, XXV and XXXV of the Criminal Code, persons referred to in art. 94 § 1 of the Penal Code, as well as those posing a threat, as referred to in the Act of 22 November 2013. o proceedings against persons with mental disorders posing a threat to the life, health or sexual freedom of other persons may be stored in a DNA data collection for up to 35 years.

3. The biological samples stored in the DNA data collection and information on the results of the analysis of deoxyribonucleic acid (DNA) of the missing persons, persons referred to in art. 15 para. Point 3a (c) and the unspecified identity of the human corpse shall be used to identify missing persons or human corpses of an unestablished identity.

4. The Chief Commander of the Police shall carry out the verification of the biological samples and the information referred to in paragraph. 3, not less frequently than every 10 years after their entry into the harvest for the purpose of their further processing or use.

Article 21e. [ Procedure to remove information from DNA data file] 1. Delete of the information referred to in art. 21a (b) 1, from the set of DNA data and the destruction of biological samples, shall be carried out by the Commission appointed by the Police Chief of the Police, drawing up minutes from these activities, in relation to persons:

1) which have been acquitted - immediately after the decision has been approved;

2) in respect of which the criminal proceedings have been remitted, after the expiry of the period of limitation of the criminal offence;

3) in respect of which the criminal proceedings have been conditionally remitted-after the expiry of the period of limitation of the criminality of the offence;

4) referred to in art. 15 para. 1 point 3a (b) and the human corpses the identity of which has been established;

5. those mentioned in the Article. 192a of the Code of Criminal Procedure, if further processing of information in the DNA data collection and storage of biological samples is unnecessary for the proceedings in which they were collected;

6) missing-immediately after their finding;

7) referred to in art. 15 para. 1 point 3a (a) c-immediately after the missing person has been found or after those persons have submitted a request for information to be deleted.

2. Delete of the information referred to in Article 21a (b) 2 points 1 (c), (f) and (g) of the DNA data file, in accordance with the procedure set out in paragraph 1. 1, shall also be carried out where, as a result of the verification referred to in Article 21d ust. 4, there was a finding of non-elessness of further processing or use of this information by the Police.

Article 21f. [ Unpaid access to spatial data and related services] 1. SWD Police obtain free of charge, through the central point of the rescue notification system referred to in art. 78 par. 4 point 1 of the Act of 16 July 2004. -Telecommunication law, information concerning the location of the termination of the network from which the connection to the emergency number 112 or the other alarm number has been made, and the data relating to the subscriber referred to in Article 78 par. 2 of the Act of 16 July 2004. -Telecommunications law.

2. SWD Police obtain free access to spatial data and related services provided via the system referred to in art. 40 par. 3e of the Act of 17 May 1989. -Geodetic and cartographic law (Dz. U. of 2010 Nr 193, pos. 1287, as of late. zm.).

Article 21g. [ Processing of personal data in SWD Police] 1. Police may process the data obtained in connection with the handling of the alarm notification referred to in art. 2 point 2 of the Act of 22 November 2013. a rescue notification system, including data from the notifier and other persons to whom the notification relates.

2. The Chief of Police Chief is the administrator of the data processed in the SWD Police within the meaning of the Act of 29 August 1997. on the protection of personal data.

3. The Chief Commander of the Police may authorize the managers of the Police Organizational Units to grant and withdraw, on his behalf, the authorisations to process personal data in the SWD Police for persons participating in the processing of these data.

4. Head of the organisational unit of the Police referred to in paragraph. 3, creates and updates the records of persons authorised to process personal data in SWD Police.

5. With regard to the data referred to in paragraph. 1, the obligation laid down in Article 1 shall not apply. 24 ust. 1 of the Act of 29 August 1997. on the protection of personal data.

Art. 21h. [ Files of dactyloscopic data] 1. The Chief Commander of the Police conducts the following sets of dactyloscopic data, of which he is an administrator within the meaning of the Act of 29 August 1997. on the protection of personal data:

1) The Central Registration of Fingerprint Registrations, in which the fingerprint and chejroscopic cards are collected containing the fingerprints of the person's fingerprint;

2) Automatic dactyloscopic identification system, in which information about fingerprints of persons, unidentified traces of fingerprint lines from the sites of crime and traces of papillary lines are collected and processed, come from missing persons.

2. In the files of dactyloscopic data are collected and processed:

1. information on:

(a) persons suspected of committing criminal offences prosecuted by public prosecution,

(b) juvenile admissibility of acts prohibited by law as being prosecuted from public prosecution,

(c) persons posing a risk as referred to in the Act of 22 November 2013. about proceedings against persons with mental disorders creating a threat of life, health or sexual freedom of other persons,

(d) persons sought,

(e) unidentified fingerprint traces from crime scenes,

(f) fingerprint traces which may originate from missing persons;

2) information concerning the persons collected in the collection referred to in paragraph. 1 point 1, comprising:

(a) forenames, surnames or aliases,

(b) the names of the parents of those persons,

(c) date and place of birth,

(d) the identification and identification of the identity document,

(e) home address,

(f) the PESEL registration number,

(g) nationality and sex,

(h) designation and number of the case

(i) place and reason for dactyloscoping;

3) information concerning the persons collected in the collection referred to in paragraph. 1 point 2, comprising:

(a) fingerprint images of the fingerprint,

(b) year of birth

(c) sex,

d) type of registration,

e) the date of registration,

(f) the recording entity;

4. information on unidentified fingerprint traces from crime scenes comprising:

(a) images of fingerprints of the fingerprint,

(b) date and place of security,

(c) category of crime

(d) the recording entity,

(e) the identification and number of the

5. information on traces of papillary lines that may originate from missing persons, including:

(a) images of fingerprints of the fingerprint,

(b) date and place of security,

(c) event category,

(d) the recording entity,

(e) the identification and number of the

3. In the files of dactyloscopic data, information shall be processed concerning persons with an undetermined identity or attempting to conceal their identity and human corpses with an unestablished identity covering:

1) images of fingerprint prints;

2. sex;

3) the designation and the number of the case.

Article 21i. [ Entry of information into dactyloscopic data sets] The information for the dactyloscopic data sets shall be entered on the basis of the request of the body conducting the proceedings or the search for the missing person.

Article 21j. [ The provision of information collected in the dactyloscopic data sets] The information collected in the fingerprint data files and the information obtained as a result of their processing shall be granted free of charge to the authorities conducting the criminal proceedings, the proceedings in the cases of minors or the resulting detectors, or identification.

Article 21k. [ Storage and use of the information collected in the dactyloscopic data sets] Information on the persons referred to in Article 21h ust. 2 point 1 (c) a-d, is stored in dactyloscopic data collections and used to fight crime or identify persons.

Article 21l. [ Verification and deletion of information from dactyloscopic data sets] 1. The chief of the Police Chief shall verify the information on the persons referred to in art. 21h ust. 2 point 1 (c) a-d, collected in the dactyloscopic data sets, applying mutatis mutandis Art. 20 para. 17.

2. Information about the persons referred to in art. 21h ust. 2 point 1 (c) a-d, is removed from the fingerprint data sets in relation to persons:

1) which have been acquitted-immediately after the decision has been legitimised;

2) in respect of which the criminal proceedings have been remitted, after the expiry of the period of limitation of the criminal offence;

3) in respect of which the criminal proceedings have been conditionally remitted-after the expiry of the period of limitation of the criminality of the offence;

4) which have completed 80. year of life;

5) deceased.

Art. 21m. [ Information on unidentified traces of papillary lines and about traces of papillary lines that may come from missing persons] 1. Information on unidentified traces of fingerprint lines from the sites of crime shall be stored in the data set referred to in art. 21h ust. 1 point 2, no longer than the limitation of the criminal criminality of the offence. This information shall be deleted after the expiry of the period of limitation of the criminal offence, or at the request of the registrant, as reported after the analysis of the materials collected.

2. Information on the traces of the fingerprint lines that may come from missing persons shall be stored in the data set referred to in art. 21h ust. 1 point 2, until the location of the missing person, no longer than 55 years, has been found or established. This information shall be removed immediately if the location of the missing person is found or determined at the request of the search unit or at the end of 55 years.

Article 21n. [ Removal of information from dactyloscopic data collection] The removal of information from a set of dactyloscopic data, including the destruction of dactyloscopic and cheiroscopic cards, shall be carried out by the Commission appointed by the Police Chief of the Police, drawing up the minutes from those acts.

Article 22. [ Use of non-policemen's aid] 1. Police in the performance of their duties may benefit from the assistance of persons other than police officers. It shall be prohibited to disclose information about the person providing assistance to the Police, in the field of operational and reconnaitsative activities.

1a. Disclosure of the data on the person referred to in paragraph. 1, may occur only in the cases and mode specified in Art. 9 of the Act referred to in art. 20b.

1b. Data on the person referred to in paragraph 1. 1, may be disclosed at the request of the prosecutor, also in case of reasonable suspicion by that person of the offence prosecuted by public prosecution in connection with the performance of the operation of the operation and recognition; disclosure of such data occurs in the mode specified in the Article. 9 of the Act referred to in art. 20b.

2. For the granting of the aid referred to in paragraph 1. 1, non-policemen may be granted remuneration.

2a. The costs of the operation of the operational and reconnation operations, for which, for the protection referred to in art. 20a par. 1-3, the provisions on public finances and accounting, as well as the remuneration of the persons mentioned in the paragraph, cannot be applied. 1, shall be covered by the operational fund set up for this purpose.

3. The Minister responsible for internal affairs shall determine, by way of ordinance, the rules for the creation and management of the operational fund.

4. If at the time of the use and in connection with the use by the Police of the assistance of the persons referred to in paragraph (1) Those persons who have lost their lives or have suffered a loss of health or injury to their property shall be entitled to compensation in accordance with the rules and procedures laid down in the Regulation of the Minister responsible for internal affairs.

Chapter 3a

Flag and recognisant marks

Article 22a. [ Bandera of the Police Vessels] The units of the Police Department raise as flag a state flag with the emblem of the Republic of Poland, specified in separate regulations.

Article 22b. [ Raising the flag of the Police on the Police units of the Police] 1. During the performance of the tasks specified in the Act, the units of the Police shall raise, regardless of the flag, the Police flag.

2. The Minister responsible for the internal affairs will determine, by means of the regulation, the pattern of the Police flag, the circumstances and conditions for its lifting and the manner of marking the vessels and aircraft, as well as the identification marks used on them by Police at night, taking into account the manner of flag placement and flags on the vessels, indicating which of them raise the Police flag, and the marking of the Police Aircraft, with the determination which shall be marked with the symbol of the Police.

Chapter 4

(repealed)

Article 23. (repealed).

Article 24. (repealed).

Chapter 5

Police Service

Article 25. [ Requirements for candidates for police service] 1. The service in the Police may serve as a Polish citizen with a misspelled opinion, who has not been convicted by a final judgment of the court for a criminal offence or a treasury offence, enjoying full public rights, having at least an average education and the physical and mental capacity to serve in armed formations, subject to specific professional discipline, which is ready to be subordinated to, and giving a guarantee of secrecy according to the requirements laid down in the regulations o the protection of classified information.

2. Adoption of a candidate to serve in the Police shall follow a qualification procedure aimed at determining whether the candidate meets the conditions for admission to the Police Service and determining his predisposition to perform that service. The proceedings shall be eligible, subject to paragraph 1. 3, consists of the following stages:

1. submission of an application for admission to service, a questionnaire of a person's candidate for service, as well as documents stating the required education and professional qualifications and containing data on prior employment;

2) a knowledge test;

3) test of physical fitness;

4) psychological test;

5) holding the interview;

6) establishing the physical and mental capacity to serve in the Police;

7. check the records, records and truthfulness of the data contained in the applicant's personal questionnaire;

8) carry out the examination procedure laid down in the provisions for the protection of classified information.

3. The qualification proceedings against the candidate applying for admission to the Police Service:

1) as a member of the aviation staff, having aviation authority in a specific specialty,

2) as a member of the medical staff in the Police Prevention Unit,

3) which has filed the documents mentioned in the paragraph. 2 point 1 before the end of the 3 years from the date of exemption from that service if, during its performance, he obtained the basic professional qualifications

-consists of the stages referred to in paragraph 1. 2 points 1 and 5-8.

4. The qualifying proceedings shall be managed and run by the Chief Police Chief or the Provincial Police Commander (Capital) Police.

5. The Chief of Police Chief or Commandant of the voivodship shall refuse to subject the candidate of the proceedings, or he shall waive his conduct in the case of:

1) failure to complete the set of documents referred to in paragraph 1. 2 point 1;

2) failure to meet the requirements laid down in the paragraph. 1;

3) obtain a negative result from one of the stages of the qualification proceedings referred to in the paragraph. 2 points 3 to 6 and 8;

4) concealing or specifying untrue data in the personal questionnaire referred to in paragraph. 2 point 1;

5. failure by the candidate provided for in the procedure for the qualification of the acts or the stages of the procedure;

6. accession to the retrial, despite having obtained the negative result from the stage of the qualification procedure referred to in paragraph 6 in the previous qualifying proceedings. 2 points 7 or 8, where the information held by the commander in question shows that the circumstances underpone the negative outcome of the stage have not been changed;

7) when it is not justified in the needs of the staff of the Police.

6. Information about the outcome of the qualification proceedings constitute public information.

7. The Minister responsible for internal affairs shall determine, by means of a regulation:

1) the scope of information about the planned proceedings and the way in which they are made available to the message;

2) the mode and manner of carrying out the qualification procedure;

(3) the specimen of the personal questionnaire referred to in paragraph 1. 2 point 1;

4) the thematic scope of the knowledge test and the scope and manner of conducting the physical fitness test and psychological test;

(5) how the evaluation of candidates and the preference for their education or skills possessed by them;

6) the completion of the qualification proceedings and the minimum period after which the candidate for service may rejoin the qualifying proceedings or the individual stages of the procedure;

7) the scope of information about the outcome of the qualification proceedings.

8. By issuing the regulation referred to in paragraph 1. 7, the Minister responsible for internal affairs will take into account: the universality of access to information on the eligibility of the proceedings, the activities necessary for carrying out the qualification proceedings and the establishment of the candidate's predisposition in the course of the procedure services in the Police, as well as the need to ensure the efficiency of such conduct, the transparency of the evaluation criteria used, the objectivity of the results of the proceedings and the selection of candidates with the greatest degree of characteristics, skills and qualifications useful for the performance of business tasks.

Article 25a. [ The transfer of an officer from another service to the Police] 1. Border Guard Officer, Government Security Bureau, Customs Service, State Fire Service, Internal Security Agency, Intelligence Agency, Military Intelligence Service, Military Counterintelligence Service, or Central Anti-Corruption Bureau may be transferred to the Police Service at his/her own request if he/she has a specific predisposition to be carried out.

2. The operator referred to in the paragraph. 1, to serve in the Police transfers in agreement respectively with the Chief of the Border Guard, Head of the Government Security Office, Chief of Customs Service, Chief of the State Fire Service, Head of the Internal Security Agency, Head of the Internal Security Agency, Head of the National Security Agency, Head of the Internal Security Agency, Head of the The Intelligence Agency, the Head of the Military Intelligence Service, the Head of the Military Counterintelligence Service, or the Head of the Central Anti-Corruption Bureau, Chief of the Police Chief with the consent of the Minister responsible for Home Affairs.

3. Border Guard Officer, Government Security Office, State Fire Brigade, Internal Security Agency, Intelligence Agency, Military Intelligence Service, Military Counterintelligence Service or Central Anti-Corruption Bureau moved to Service in the Police retains the continuity of service.

4. The operator transferred in accordance with the procedure referred to in paragraph 4. 1, there shall be no recovery or other charges laid down for officers departing from service.

5. The Minister responsible for internal affairs shall determine, by way of regulation, the detailed manner and the procedure for conducting the proceedings in relation to the officers referred to in paragraph 1. 1, taking into account the specific qualifications predestined for the Police Service, the equivalence of periods of service and internship, receivables and the professional qualifications obtained in the existing units of professional qualifications.

Article 26. [ The determination of physical and mental capacity to perform service in the Police] 1. The physical and mental capacity of the service shall be set up by the medical committees subordinate to the Minister responsible for internal affairs.

2. [ 5] (repealed) .

Article 27. [ Lodging of a pledge] 1. Before taking up the service, the policeman shall make a vow according to the following rota:

" I, a citizen of the Republic of Poland, aware of the duties of a policeman, pledge: to serve the National faithfully, to protect the established Constitution of the Republic of Poland legal order, to guard the security of the State and its citizens, even with exposure to life. In carrying out the tasks entrusted to me, I vow to obey the law as a matter of urgency, to grant constitutional allegiance to the authorities of the Republic of Poland, to observe the discipline of the service and to execute orders and orders of superiors. I vow to guard the secrets of the service, honor, dignity and good name of the service, and to observe the principles of professional ethics. "

2. The Minister of the Interior shall determine, by means of ordinance, the ceremony of vow, taking into account the conditions, the mode and the time limit for the submission of the oath by the police officers, the bodies authorized to accept the vow, the course and manner of documentation the wedding and the model of the marriage certificate form.

Article 28. [ Appointment] (1) A police officer shall be appointed by appointment on the basis of a voluntary declaration of service.

1a. The appointment referred to in paragraph 1 shall be provided for in paragraph 1. 1, may occur:

1) for the period of the preparatory and/or candidate service;

2) for the period of the contract service;

3) permanently.

1b. The appointment of the contract service may take place after the conclusion of the contract, hereinafter referred to as the "contract", concluded between the person who volunteered for the contract and the superiors referred to in Article 4 (1). 32 par. 1.

1c. The contract shall be for a period of 3 to 5 years. A contract with the same person can be reached at most twice.

2. The beginning of the service shall be counted from the day specified in the order of appointment of the Police Officer.

3. The appointment may take place after the primary military service or after transfer to the reserve.

4. The condition specified in the mouth. 3 shall not apply to women, police officers in the service of the candidate, as well as to persons starting school or vocational training in the schools of the Ministry of Interior.

5. The Minister responsible for internal affairs shall, by means of the Regulation, determine the types and designs of the official ID and other documents of the policemen, the authorities competent to issue them and the rules for making entries in those documents.

Article 28a. [ Contract Service] 1. The appointment in the contractual service may take place for the basic position, if the person appointed has an average education and has held primary training in the Police or has completed the candidate service and commits to complete the training the primary within the time limit specified in the contract.

2. A person who does not have an average education may be appointed to the post referred to in paragraph 2. 1, if the procedure of qualification demonstrates the possession by that person of special predispositions to the service in the Police.

3. For a policeman in the contract service, the initial 12 months of service under the first contract is the probationary period.

4. The policeman or supervisor referred to in art. 32 par. 1, may declare in writing, at the latest one month before the expiry of the probationary period, of the intention to terminate the business relationship. In that case, on the day of expiry of the probationary period, the policeman shall be released from the service.

5. Where the statements referred to in paragraph 1 are not made. 4, the police officer shall continue to be a contract service without a separate appointment.

6. At the latest 6 months before the expiry of the period for which the contract was concluded, the policeman or supervisor referred to in art. 32 par. 1, may request the conclusion of another contract. In the event of a subsequent contract, the police officer shall continue to be a contract service.

Article 29. [ Preparatory service] 1. A person admitted to the service in the Police shall be appointed a police officer in the preparatory service for a period of 3 years.

2. After the expiry of the period of the preparatory service, the policeman shall be appointed permanently.

3. In duly justified cases, the supervisor referred to in Article 3. 32 par. 1, with the exception of the district commandant (urban) Police, may shorten the period of the police's preparatory service or release him from serving that service.

4. In the event of a break in the performance of duties by a police officer for more than 3 months, the supervisor may extend the period of his preparatory service.

Article 30. [ Appointment of a person subject to military qualification for the post of a police officer in the service of a candidate] 1. A person subject to military qualification directed with her consent to the service in the police prevention departments shall be appointed by a police officer in the service of the candidate for the period referred to in art. 56 par. 2 of the Act of 21 November 1967. of the universal duty of defence of the Republic of Poland (Dz. U. of 2004 No. 241, item. 2416, of late. zm.).

2. A police officer in the service of a candidate shall be served in a skillfully groomed system.

3. Police officers in the service of a candidate shall perform only administrative and ordinal actions.

4. The period of the candidate service shall be included in the period of the preparatory service, if the interruption between the candidate service and the undertaking of the preparatory service shall not exceed 3 months.

Article 31. [ Exercising the powers of exercise on the basis of the organisational and mobilization assignments] 1. Persons who, in accordance with the provisions on universal defence, hold exercises in the organisational units subordinate to the Minister responsible for internal affairs on the basis of the organisational and mobilization allowances, shall be entitled to the powers assigned to them by the police officers as defined in Article 15 and art. 16.

2. The scope of the powers and obligations of the persons referred to in paragraph. 1, resulting from the relationship of service shall determine separate provisions.

Art. 31a. [ embrace of the police militarization during the war] 1. In the event of the announcement of the mobilization and during the war the Police may be covered by the militarisation referred to in art. 174 (1) 1 of the Act of 21 November 1967. of the universal duty of defence of the Republic of Poland.

2. Police officers remaining in a business relationship at the time of the announcement of the mobilization or the outbreak of war shall become under the law of the police officers serving during the war and remain in this service until the release.

Article 32. [ Entities entitled to appoint, transfer and release policemen] 1. The officers of the Police Chief of Police, the Chief of Police, the Commanders of the CBPA, the voivodship (local) Police and the Police Superintendent (local) and police officers shall be responsible for the appointment of a police officer for the service, transfer and dismissal of these posts.

2. From the decisions referred to in paragraph. 1, a policeman serves a reference to a higher supervisor.

3. If the decision referred to in para. 1, the Act reserves for the Commandant of the Main Police, from such a decision serves the appeal to the Minister responsible for internal affairs.

Article 33. [ Police Service Time] 1. The time of duty of the policeman shall be determined by the dimension of his duties, taking into account the right to rest.

2. Police tasks shall be determined in such a way as to enable them to be carried out within the 40-hour week of service, in the 3-month accounting period.

3. In exchange for the time of service exceeding the standard specified in the paragraph. 2 a police officer shall be granted a time off from the service in the same dimension or may be granted a financial compensation as referred to in Article 2. 13 (1) 4a pt. 1.

4. The provision of the paragraph. 3 shall not apply to a police officer entitled to a functional allowance.

5. Number of hours of service exceeding the standard specified in the paragraph. 2, for which the monetary compensation referred to in Article 1 is granted. 13 (1) Paragraph 4a, paragraph 1, shall not exceed a quarter of the weekly working time of the police officer during the 3-month accounting period.

6. The Minister responsible for the internal affairs will determine, by regulation, the distribution of the time of duty, taking into account the weekly and daily length of service, the cases of extension of the service time above the established standard, and the introduction of the police officers the change of duty time distribution. This Regulation should lay down the manner in which the police officers are on duty, as well as the conditions and procedures for the granting of free time to the policemen or the granting of the monetary compensation referred to in Article 4. 13 (1) Article 4a (1), and in addition, the groups of police officers who are exempt from duty at night, Sunday and holidays.

Article 34. [ Grounds for appointment or appointment as official policeman] 1. The appointment or appointment to the post shall be subject to the training of the policeman, the professional qualifications obtained, and the service of the Police.

2. In particularly justified cases, the Chief of Police or the Commander of the CBPA may consent to the appointment of a police officer, including in the preparatory service, prior to his professional qualification and internship, services required in this post, when meeting the requirements for education. The professional qualifications of a police officer shall be required to be obtained before the appointment is permanent.

3. The condition of obtaining the professional qualifications necessary to appoint for a business position shall be completed by the policeman:

1. basic vocational training;

2) vocational training for higher education graduates;

3) Higher School Of Police.

4. The Minister responsible for internal affairs shall determine, by means of a regulation:

(1) the training, professional qualifications and seniority requirements of the police officers in the positions of the Police and other service stations, and the conditions for appointment to senior official posts, taking into account the extent of their tasks;

2. the detailed conditions for vocational training and professional training in the Police, taking into account the types, forms, conditions and modalities of their work, as well as the organisation and method of training and professional development and supervision of their activities. execution.

Article 35. [ Periodic opinion] 1. The policeman shall be subject to periodic opinion of the service.

2. The police officer shall consult the official opinion within 14 days of drawing up; he may, within 14 days of hearing the opinion, bring an appeal to the superior superior.

3. The Minister responsible for internal affairs shall determine, by means of a regulation, the model form of the official opinion form, the detailed rules and the procedure for the opinion of the officers, taking into account the reasons for the opinion and its frequency, the criteria to be taken into account in the an opinion, the competence of the superiors for the issuing of opinions, the procedure for the hearing of officials with the opinion of the service and the procedure for bringing and examining appeals from the opinion.

Article 35a. [ Procedure for determining the predisposition of a police officer to serve in specific positions] 1. A police officer may be subjected to a procedure determining his predisposition to serve in specific positions or in specific organizational cells, by carrying out a test of physical fitness, psychological examination or examination psychophysiological.

2. The test or test shall be carried out by a competent police cell of the Police.

3. In relation to the police officers serving or applying for service in the Police Headmaster Test and tests shall be administered by the Chief Police Officer.

3a. In relation to police officers serving or applying for service in the CBPA, the CBPA Chief of Service shall be administered by the test and research.

4. In relation to the police officers serving in the area of territorial activity of the voivodship commandant, subject to art. 6 para. 3 and 4, the test and research manages the Commandant of the Police voivodship.

5. The Minister responsible for internal affairs shall determine, by means of regulations, the procedure and conditions for determining the physical or mental capacity to serve in specific positions or in specific organizational cells and conducting the tests psychophysiological, taking into account the list of organizational cells authorised to carry out the test or the tests referred to in paragraph. 1, a list of the organisational cells and service posts for which the test or test may be carried out, and the scope and framework of the test methodology for each of these positions.

Article 36. [ Transfer of a police officer to serve in another village] 1. A police officer may be transferred to the service or seconded to the temporary duty of service in another organization unit of the Police or in another locality from office or at his own request.

2. To transfer or delegate a police officer the following are the following: Chief of Police in the area of the whole State, Commander of the CBPA with regard to the police officer CBPA within this organization unit, commandant of the Police voivodship in the area of the competent area voivodship, district commandant (city) of the Police in the area of the relevant district (city). If the transfer between the voivodships, as well as between the CBPA and other Police Organizational units, occurs in connection with the agreement of the concerned superiors and the police officer, the transfer shall be carried out by the Commandant of the Police Voivodship competent for voivodship in which the policeman is to serve, and in the case of transfer to CBCP-CBPA Chief.

3. The time of delegation shall not exceed 6 months. In exceptional cases, the Police Chief or the Commander of the CBPA may extend the time of the delegation to 12 months.

4. The Commander-in-Chief of Police may delegate a police officer, with his consent, to perform service tasks outside the Police in the country and abroad for a specified period of time.

5. The Minister responsible for internal affairs shall determine, by means of a regulation, the conditions and mode of secondment of a policeman referred to in paragraph 1. 4, having regard to:

1) the nature or scope of the tasks performed at the time of the secondment and appropriate for their implementation of the institutions;

2. the conditions of receipt and the amount of the salary and other benefits from the service;

(3) the types, conditions for granting and the amount of additional allowances linked to the secondment;

4) the possibility of limitation in whole or in part of the right to a salary or other benefits from a business relationship in the case of receiving from a source of foreign remuneration or other benefits or receivables intended to cover costs secondment;

5. the implementation and scope of certain rights and obligations of the secondment, on the right to leave, the reporting burden and the provision of information to the manager, and the requirement to ensure that at least equivalent posts are completed after the secondment is completed the position taken before the secondment;

6. the procedure and jurisdiction of the superiors and other bodies and institutions, in particular as regards the application for secondment, appeals from the secondment, and payment of the entitlements to be paid to the secondment.

6. The regulation referred to in paragraph. 5, it should make the terms of the secondment subject to the nature of the tasks performed, the duration of the secondment, the living conditions and the cost of maintaining the secondment and the extent of the allowances and benefits granted at the time of secondment by a foreign party or by another entity.

Article 37. [ assignment of official duties in another position] A police officer may be entrusted with duties in another position in the same locality for a period not exceeding 12 months; in such a case, the salary of a police officer shall not be reduced.

Article 37a. [ Move a policeman at the disposal of the supervisor of the competent in personal matters] The police officer shall, in the event of an exemption from the office of duty so far, be placed at the disposal of the superior competent in personal matters, for the following period:

1. preceding the appointment or appointment of a service or exemption from the service, no longer than 12 months;

2) exemption from the obligation to carry out official tasks, granted under the rules laid down in the trade union rules;

3) delegation to the performance of official duties outside the Police in the country or abroad.

Article 38. [ Conditions of transfer of a police officer to a lower business position] 1. A police officer shall be transferred to a lower official position in the event of a disciplinary penalty for the appointment of a lower official position.

2. A police officer may be transferred to a lower business position in the following cases:

(1) a decision of the permanent inability to serve in the position of the medical committee if it is not possible to appoint him as equivalent;

(2) non-suitability for the position taken, as stated in the official opinion during the period of the preparatory service;

3. failure to comply with official duties in the post office, as established during the period of the permanent service, in two consecutive official opinions, between which at least six months have elapsed;

4) the liquidation of the business position occupied or for other reasons justified by the organisational needs, where it is not possible to appoint it for another equivalent position;

5) the disagreement of the appointment as a service during the period of the stay at the disposal of the superior competent in matters of personal affairs, when it is not possible to appoint it for another equivalent position.

3. A police officer may be transferred to a lower business position also at his request.

4. A police officer who did not consent to the transfer to a lower position for the reasons set out in the mouth. 2, may be released from the service.

Article 39. [ Conditions for suspending a police officer in business activities] 1. A police officer shall be suspended in a business case in the event of criminal proceedings being opened against him in the case of a criminal offence or a treasury offence, intentional, prosecuted against the public prosecution-for a period of not more than 3 months.

2. A police officer may be suspended in a business case in the event of criminal proceedings against him in the case of a criminal offence or a treasury offence, unintentional, prosecuted from public prosecutions or disciplinary proceedings, if this is the case deliberate for the good of the proceedings or the good of the service-for a period of not more than 3 months.

2a. In the event of an indictment filed against a police officer, the charge referred to in Article 4 55 § 1 of the Code of Criminal Procedure provision of the paragraph. 2 shall apply mutatis mutandis.

3. In particularly justified cases, the period of suspension in business activities may be extended until the completion of the criminal proceedings.

4. The Minister responsible for internal affairs will determine, by regulation, the procedure for suspending a police officer in business activities by superiors, taking into account the authorities entitled to suspend a police officer in business activities, the mode of challenge a suspension decision and the cases of evasion or expiration of a decision to suspend a police officer in a business activity before the completion of the criminal proceedings.

Article 40. [ Referral of a police officer to a medical committee] The police officer may be referred to the medical commission subordinate to the minister competent for internal affairs:

1) ex officio or at his request-in order to determine the state of health and to establish physical and mental fitness for service as well as the association of particular diseases with the service;

2) ex officio-in order to verify the correctness of the adjudication of temporary incapacity for service due to illness or the correctness of the use of the medical exemption.

Article 40a. [ Duty to be subjected to specialist, psychological and additional research] [ 6] 1. The officer shall be obliged to undergo tests commissioned by a medical commission, including specialist, psychological and additional research.

2. Where the examinations carried out and the documentation collected do not permit the issuance of a decision, the officer may be directed to the observation in the medicinal subject, if he/she expresses his consent.

Article 41. [ Conditions of exemption from duty officer] 1. Police officers shall be released from the service in cases of:

1. a decision of permanent incapacity for service by a medical committee;

2. non-suitability for service, as stated in the official opinion during the period of the preparatory service;

3) to impose a disciplinary penalty of the expulsion of the service;

4) convict the final judgment of the court for a criminal offence or a treasury offence, intentionally, prosecuted with public prosecutions;

(4a) the judgment of the criminal measure in the form of a prohibition on the pursuit of the profession of policeman by the court of law;

5) renunciation of Polish citizenship or the acquisition of citizenship of another country;

6) the expiry of the period of service specified in the contract, if there is no further contract or permanent appointment;

7) the expiry of the probationary period of the contract service, if the policeman or the supervisor exercised the powers specified in the article. 28a (a) 4.

2. A police officer may be released from the service in cases of:

1. failure to comply with official duties during the period of the permanent service or contract service, as established in 2 further opinions, between which at least six months have elapsed;

2) convict the final judgment of the court for a criminal offence or a treasury offence other than those referred to in the paragraph. 1 point 4;

3) appointment to another state service, as well as embrace of the function of choice in the bodies of local government or associations;

4) the acquisition of the right to a pension for the attainment of 30 years of retirement service;

(5) where the important interest of the service so requires;

6) the liquidation of the Police Unit or its reorganization connected with the reduction of the staged cast, if the transfer of a policeman to another unit or to a lower official position is not possible;

7) the passage of 12 months from the date of cessation of service due to illness;

7a) [ 7] twice the unjustifiable failure to perform the tests referred to in Article 40a ust. 1, or failure to submit to them, or in the case of twice the unjustifiable failure to observe in the medical establishment, in the case of consent by the officer, unless the referral to the medical committee has taken place on request the officer;

8) committing an act of the marks of a criminal offence or a treasury crime, if the commission of the act is obvious and prevents it from remaining in service;

9) the expiry of 12 months of suspension in business activities, if the reasons underlying the suspension have not ceased.

3. The police officer shall be released from the service within 3 months of the date of the written declaration by him of the service.

3a. (repealed).

3b. (repealed).

4. In the cases referred to in paragraph. 2 point 6 shall be released after 6 months and, in the case of the preparatory service, three months after the date on which the decision on the liquidation of the Police Unit or the reorganisation of the Police Unit has been taken.

Article 42. [ Repeal or annulment of the decision on exemption from service] 1. Repeal or annulment of the decision to release from the service in the Police because of its malfunction is the basis for the restoration of the service to the equivalent position.

2. If a release of the police officer within 7 days of the reinstating of the service does not notify the preparedness immediately, the business relationship shall be terminated on the basis of art. 41 par. 3.

(3) If, after restoration to service, it appears that, despite the notification of the readiness of an immediate service, the police officer may not be admitted to the service, as the circumstances giving rise to the impossibility of his/her being unable to comply with the service, shall be deemed to have entered into force. will be terminated on the basis of art. 41 par. 2 point 5, unless there is another basis for exemption.

4. The right to salary shall arise from the date of the service, unless circumstances justifying the failure to take up the service after notification to the service have occurred.

5. A reinstated police officer shall be entitled for a period of remaining outside the service of a cash benefit equal to the seat occupied before the release, but not more than for a period of six months and not less than 1 month. The same benefit shall be granted to the person referred to in paragraph 1. 3.

6. The period for which a police officer shall be entitled to a cash benefit shall be included in the period of service taken into account for the determination of the period from which the powers referred to in Article 4 are subject. 29 par. 2, art. 52 par. 1, art. 82 ust. 2 and 3, art. 101 (1) 1, art. 110 (1) 1, art. 111 (1) 1 and Art. 115 (1) 1. The period of remaining outside the service for which a police officer has not received a benefit shall not be regarded as a break in the service of the powers dependent on the uninterrupted running of it.

7. The provisions of the paragraph. 1-6 shall apply mutatis mutandis to a police officer discharged from the service under Article 1. 41 par. 2 points 8 and 9, where the criminal proceedings have been terminated by a final acquittal or a decision to discontinue the proceedings on the grounds of non-committal of a criminal offence or of a tax offence or a lack of statutory acts of criminal offence.

Article 43. [ Special cases related to the release of a police officer] 1. Exemption of a police officer from duty on the basis of art. 38 par. 4 and Art. 41 par. 1 (1) and (2) and (2) Paragraphs 1 and 4 shall not take place no later than 12 months after the date of the cessation of the service due to the disease, unless the police officer shall report in writing to the service.

2. (repealed).

3. Exemption of a police officer from the service on the basis of art. 41 par. 2 points 5 and 8 may take place after consultation of the organisation of the professional union of policemen.

Article 44. [ Prohibition of police release from police] 1. Police can not be released from the service during pregnancy, during maternity leave, leave on the conditions of maternity leave, additional maternity leave, additional leave on the conditions of maternity leave, paternity leave, leave parental leave or parental leave, except in the cases referred to in Article 41 par. 1 (3) and (4) and (4) 2 points 2, 3, 5 and 6.

2. In the event of release of a police officer from the service on the basis of art. 41 par. 2 points 5 and 6 during the period of pregnancy, during maternity leave, leave on the terms of maternity leave, additional maternity leave, additional leave on the conditions of maternity leave, paternity leave or parental leave shall be entitled to a salary until the end of the period of pregnancy and the duration of such leave.

Article 44a. [ Privileges to be granted to a police officer discharged from the service during parental leave] Police fired on the basis of art. 41 par. 2 (5) and (6) during the parental leave shall be entitled to the end of the period for which this leave was granted:

(1) a cash benefit paid on the basis of the rules applicable to the payment of the parental allowance;

2) other allowances provided for workers made redundant during parental leave on the grounds of non-workers. ';

Article 45. [ Entities authorised to issue a decision on the release or leave of a policeman's position] 1. Supporters from the service on the basis of art. 41 par. 2 point 5 shall be carried out by the competent commandant of the Police Office or the Commander of the CBPA.

2. Remain in the service of the policeman referred to in art. 41 par. 2 point 2, requires the consent of the competent commandant of the provincial police.

3. In other cases, decisions on matters referred to in art. 37-41, takes the supervisor mentioned in art. 32 par. 1.

Article 46. [ Certificate of service and opinion of the service] 1. A police officer discharged from the service shall receive a certificate of service immediately and upon his application an opinion of the service.

2. A police officer may request the rectification of a certificate of service and appeal to a higher supervisor from the opinion of the service within 7 days from the date of receipt of the opinion.

3. The detailed data to be provided in the certificate of service and in the opinion of the service, as well as the mode of issuing and rectification of the certificate of service and the cancellation of the service opinion, shall be determined by the Minister responsible for internal affairs in the regulations issued on Article 1 81.

Article 46a. [ The obligation of the Police Chief of Police to determine the rules governing the conduct of documentation and the personal files of policemen] The Chief of Police shall determine, by way of ordinance, the rules governing the conduct of the manager's records on matters relating to the police officers ' relationship and the manner in which the personal file is carried out.

Chapter 6

Police corps and grades

Article 47. [ Corps and police grades] 1. The Police corps and police grades are determined in the following order:

1) in the Corps of Police Generals:

(a) General Police Inspector,

(b) the Police Superintendent;

2) in the corps of the officers of the senior Police:

(a) the Police Inspector,

(b) the junior police inspector,

(c) the Police Superintendent;

3) in the corps of the officers of the junior Police:

(a) the Police Commissioner,

(b) the Police Commissioner,

(c) the Police Commissioner;

4) in the corps of Police aspirants:

(a) the aspirant of the Police Staff,

(b) a senior police aspirant,

(c) the Police aspirant,

(d) the younger aspirant of the Police;

5) in the corps of the Police Subofficers:

(a) Police Staff Sergeant,

(b) a senior police sergeant,

(c) Police sergeant;

6) in the corps of the serial Police:

(a) senior constable,

(b) constable.

2. The Council of Ministers shall determine, by means of regulations, which military degrees, the Border Guard, the Government Security Bureau, the Customs Service, the State Fire Service, the Internal Security Agency, the Intelligence Agency, the Military Intelligence Service or the Service Military counterintelligence is responsible for the individual degree of police, taking into account the equivalent of the first steps of the individual corps.

Article 48. [ Entities authorised to be appointed on a specific police rate] 1. At the police degrees in the ranks of the Police ranks the supervisor referred to in art. 32 par. 1. At the rank of the constable shall be appointed on the day of appointment to the post office.

2. At the foot of police in the corps of the officers and aspirants of the Police, as well as on the foot of the commissioner and the Police Commissioner, appoints the supervisor referred to in art. 32 par. 1, with the exception of district commandant (city, district) Police.

3. At the first rank of an officer, subject to art. 56 par. 3, and at the stage of the General Police Superintendent and Superintendent of Police appoints the President of the Republic of Poland on the request of the Minister responsible for internal affairs. At the other officers ' grades, subject to paragraph. 2, appoints the Chief Police Chief.

Article 49. [ Appointment to the first degree in the corps of subofficers and police aspirants] 1. At the first degree of police in the corps of the officers of the Police may be appointed a policeman who meets the conditions specified in art. 25 par. 1 or 2, he completed his basic vocational training and was appointed or appointed to the position for which he was specified a degree in the corps of the sub-officers, aspirants or officers of the Police.

2. At the first degree of police in the corps of the aspirants of the Police may be appointed an officer of the Police who meets the conditions specified in art. 25 par. 1 and has been appointed or appointed to the position for which a degree has been specified in the bodies of the aspirants or officers of the Police.

Article 50. [ Appointment to the first degree of police in the corps of junior officers] For the first degree of police in the corps of the officers of the junior police may be appointed a policeman who meets the conditions laid down in art. 25 par. 1, he completed his studies at the Higher School of Police or vocational training for high school graduates, was appointed or appointed to the post for which he was given a degree in the corps of the Police officers, and submitted an officer's examination.

Article 51. (repealed).

Article 52. [ Appointment for next higher business degree] 1. The appointment to the next higher degree shall take place according to the official position of the appointment and according to the opinion of the service. However, such a grant shall not take place earlier than after the interrogation of the following:

-Constable	-1 year,
-Senior Constable	-1 year,
-Sergeant	-2 years,
-Senior Sergeant	-2 years,
-Staff Sergeant	-2 years,
-younger aspirants	-3 years,
-aspiranta	-3 years,
-senior aspirant	-2 years,
-Aspirant of Staff	-4 years,
-sub-commissioner	-3 years,
-Commissioner	-4 years,
-supercommissioner	-4 years,
-sub-inspector	-3 years,
-junior inspector	-4 years,
-inspector	-4 years.

1a. In particularly justified cases, the President of the Republic of Poland, at the request of the Minister responsible for internal affairs, may appoint a Police Inspector to the degree of Superintendent of Police with the omission of the requirement of interrogation in the past the extent of the period referred to in paragraph 1 indents 15.

2. (repealed).

3. In particularly justified cases, the minister competent for internal affairs, at the request of the Commandant of the Police Chief, may appoint any policeman to a higher degree, taking into account the limitations resulting from the provisions of art. 48 paragraph 4 [ 8] and Art. 49 and Art. 50 paragraph 1 [ 9] .

4. In particularly justified cases:

1) the President of the Republic of Poland, at the request of the Minister responsible for internal affairs, may appoint for the first degree of officers and on the degree of general inspector of the Police and Superintendent of Police,

2) Chief of Police Chief may appoint on other police grades

-a police officer who has died in connection with the performance of a business activity.

Article 53. [ Viability of police degrees] 1. Degrees referred to in art. The 47 are life-free.

2. Police fired from the service may use the degrees referred to in art. 47, with the addition of the term "in resting state".

3. Loss of the degree mentioned in Art. 47 is followed in the event of:

1) loss of Polish citizenship or

2) to convict the final judgment of the court for an additional sentence of deprivation of public rights, or

3) convict the final sentence of the court for a custodial sentence for a crime committed with low motives.

Article 54. [ The subject authorised to reduce or decimate the degree] 1. The degree of reduction shall be decided by the manager responsible for appointment to this step.

2. depriving the rank of officer shall be determined by the Chief Police Chief.

3. About the reduction of the degree or the deprivation of the degrees of general inspector and superintendent of the Police shall be decided by the President of the Republic of Poland upon the request of the Minister responsible for internal affairs.

Article 55. [ Conditions for Restoration] 1. The policeman shall reinstate the degree in the event of a repeal:

1) the final sentence of the sentence imposed by the final sentence of the sentence or

2) the final conviction of a custodial sentence for a crime committed with a low motives or

3) the decision on the basis of which the degree of deprivation occurred, or

4) disciplinary penalties of a reduction in degree.

2. The decision to restore officer's degree shall be taken by the Chief Police Chief. In the other cases, the decision to reinstate the degree shall be taken by the competent authority to be appointed to that degree.

Article 56. [ Adoption to the service of a person holding a military degree] 1. A person admitted to the service and having a degree of military grade shall be appointed to the appropriate degree of police.

2. The appointment referred to in paragraph 2. 1, shall be subject to the completion of the vocational training referred to in Article 4. 34 par. 3.

3. When admitted to the service of the person with the rank of military lieutenant to the appropriate first degree, the officer shall be appointed Chief of Police.

4. A person admitted to the service on the basis of art. 25a par. 1 and having the degree of Border Guard, Government Security Office, Customs Service, State Fire Service, Internal Security Agency, Intelligence Agency, Military Intelligence Service or Military Counterintelligence Service shall be appointed as appropriate degree of police.

Article 57. [ Delegation] The Minister responsible for the internal affairs shall determine, by means of regulations, the manner and mode of appointment of police officers on police degrees and the models of the application for the appointment of police and the act of appointment to the police degree, as well as the mode of preparation of the police officers ' degrees and the procedure for drawing up the and superiors competent in these matters, taking into account the conditions of entry into the officer examination, its scope, the mode and timing of the submission, the units of the Police competent to carry out the officer's examination and the appointments for the appointments Police.

Chapter 7

Duties and rights of policeman

Article 58. [ The obligation to act in conformity with the oath and to refuse to execute an order involving the commission of a criminal offence] 1. The police officer shall be obliged to comply with the duties resulting from the rota of the complex pledge.

2. The police officer shall be obliged to refuse to execute the order or order of the superior, as well as the order of the prosecutor, of the state administration or local government, if the execution of the order or command would be associated with the commission of a criminal offence.

3. The refusal of the order or command referred to in the paragraph. 2, a police officer should report to the Chief of Police, bypassing the service.

Article 59. [ Submission of request for extension of the time limit for the execution of the request] 1. A supervisor of a police officer who is not in a position to execute a court order or a prosecutor within the prescribed period or scope, referred to in art. 14 para. 2, it is obligatory to request an extension of the deadline, amendment or repeal of the request.

2. In the case of an unjustified failure to execute the command within the prescribed period or scope, at the request of the court or procurator the superior of the policeman shall initiate disciplinary proceedings against him. The outcome of this procedure shall be notified to the court or prosecutor accordingly.

Article 60. [ Obligation to wear rewritten uniform and equipment] 1. A police officer during the service shall be obliged to wear the prescribed uniform and equipment.

2. The Chief Commander of the Police shall determine the cases in which a police officer in the performance of his duties shall not be obliged to wear the uniform.

Article 61. [ Showing the service ID of the interested party] 1. In the cases provided for in art. 60 par. 2 the police officer, in the exercise of the investigative activities, as well as the activities referred to in Article 3. 14 para. 2 and Art. 15 para. 1 points 2 to 4, it is obligatory to show the service card in such a way that the person concerned has the opportunity to read and note the number and the authority which issued the identity card, and the name of the police officer.

2. In carrying out other administrative and ordinal activities, a non-unimented police officer shall be obliged, at the request of the citizen, to show the official identity card or the identification mark in the manner prescribed by the mouth. 1.

Article 61a. [ Obligation to maintain physical fitness] 1. The police officer shall be obliged to maintain the physical fitness to perform his/her work, in particular through participation in the professional improvement referred to in the provisions on detailed conditions of training professional training and professional development in the Police.

2. The physical fitness referred to in paragraph. 1, shall be assessed on the basis of the results of the physical fitness test of policemen.

Article 62. [ Taking up another gainful occupation by a police officer and a statement on the state of the property] 1. A policeman shall not take a gainful occupation outside the service without the written consent of his superiors or perform activities or activities contrary to the duties resulting from the Act or undermining trust in the Police.

2. A police officer shall be obliged to make a declaration of his assets, including the assets of the matrimonial property of the matrimonial community, when establishing or resolving a business relationship or employment relationship, each year and at the request of the superior appropriate in personal matters. This statement shall contain information on the sources and the amount of the revenues obtained, the cash resources held, the real estate, the shares and shares in the companies of the commercial law and, moreover, the acquired by that person or the spouse of the Treasury. State, other state legal person, municipality or association of intercommunal property, which was disposed of by tender. This statement should also include data on the conduct of business activities and the performance of functions in commercial law companies or cooperatives, with the exception of the function of the supervisory board of the housing cooperatives.

3. The declaration of assets annual shall be submitted by 31 March as at 31 December of the previous year.

4. The persons referred to in the personal cases or the persons authorised by them, in order to carry out an analysis of compliance with the actual state of the assets, shall have the right to inspread their contents and to process the data contained therein.

5. The information contained in the declaration of the assets constitutes a secret legally protected and shall be subject to the protection provided for classified information of the classification of the "reserved" clause specified in the provisions for the protection of classified information, unless the police officer, who made the statement, expressed his written consent to release them, subject to paragraph. 7.

6. The declaration of the assets shall be kept for 10 years.

7. Information contained in the statements on the assets of the persons performing the functions of the Police bodies shall be published, without their consent, on the relevant pages of the Public Information Bulletin, excluding data on the date and place of birth, the number PESEL, the place of residence and the location of the property.

8. The Minister responsible for internal affairs will determine, by way of regulation, the procedure for dealing with the assets of the assets, how to analyse their compliance with the facts, as well as the model of the declaration on the state of the property and the mode of operation the publication of the statements referred to in paragraph 1. 7, having regard to the scope of the data subject to the declaration of assets.

Article 62a. [ The obligation to inform the spouse of a gainful activity in entities providing investigative or protection services for persons and property] A police officer shall be obliged to inform the superior officer responsible in personal matters of his or her spouse's or other personal household or other gainful activities in the service providers. detectivist or protection of persons and property and of the inclusion of shares or shares in them, as well as the fact of being an economic operator within the meaning of the Act of 29 January 2004. -Public procurement law (Dz. U. of 2010 Nr 113, pos. 759, with late. zm.) for the benefit of the bodies and bodies of supervised and subordinate ministers competent for internal affairs, within 14 days from the day on which the information about this event was taken.

Article 63. [ Prohibition of belonging to a political party] 1. A policeman shall not be a member of a political party.

2. At the reception of a police officer, his former membership of the political party shall cease to be in service.

3. A police officer shall be obliged to inform the supervisor of the affiliation of national associations operating outside the service.

4. The membership of foreign or international organizations or associations shall be subject to the permission of the Police Chief of the Police or the Superior of the Police.

Article 64. [ Warrant for notification to superiors of departure outside the European Union for more than 3 days] A policeman shall be obliged to notify his immediate supervisor of the planned foreign exit, outside the European Union, for more than 3 days.

Article 65. (repealed).

Article 66. [ Use of the protection provided for in the Criminal Code for public officers] 1. A police officer during or in connection with the exercise of official duties shall enjoy the protection provided in the Code of Criminal for Public Officers.

2. From the protection provided in the Criminal Code for public officers during or in connection with the exercise of official duties shall also use a police officer who, in addition to the time of service, shall act in favour of:

1) to prevent the threat to life or human health;

2) restoration of security and public order;

3) the recognition of the perpetrator of the prohibited act.

Article 67. [ Trade unions of police officers] 1. Police officers may be affiliated with a professional union of police officers.

2. The provisions of the Act on Trade Unions shall apply accordingly, provided that only one trade union may operate in the Police and the union shall not have the right to strike.

3. Detailed rules of the cooperation of the professional union of police officers with the minister competent for internal affairs and the Chief of Police of the Police will determine the statutes of this union, registered in court.

Article 68. (repealed).

Article 69. (repealed).

Art. 69a. [ Salary as the basis for the assessment of the contributions to the pensions scheme] 1. If a police officer discharged from the service does not satisfy the conditions for the acquisition of the right to a police or police invalidity pension, from the salary paid to the police officer after 31 December 1998. until the date of the exemption from the service from which the pension insurance premium is not paid, it shall be transferred to the Social Insurance Institution for that period as provided for in the Act of 13 October 1998. o Social Security System (Dz. U. 2009 r. Nr 205, pos. 1585, as of late. zm.).

2. By salary which forms the basis for the assessment of the contributions to the pension scheme referred to in paragraph 2. 1, shall be understood:

(1) the amount of the lowest remuneration determined on the basis of the separate provisions-for the period of the candidate service before 1 January 2003;

2) the amount of the minimum wage for the work in force in December of the previous year, established on the basis of the separate provisions-for the period of the candidate's service after 31 December 2002;

(3) basic salary, salary allowances, annual and discretionary awards, and additional remuneration paid on the basis of art. 112, respectively, converted according to art. 110 of the law referred to in paragraph 1. 1-for the remaining periods of service.

3. The contributions shall also be transmitted where the policeman fulfils only the conditions for the acquisition of the right to a police invalidity pension. The transfer shall take place at the request of a police officer

4. The contributions shall be subject to the valorisation of the rate of valorisation of the contributions laid down in the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. 2009 r. No. 153, pos. 1227, of late. zm.).

5. When calculating the amount of premiums due, which are based on the basis of the paragraph. 4, the Article shall apply mutatis mutandis. 19 (1) 1 and Art. 22 par. 1 points 1 and 2 of the Act on Social Security System.

6. The provisions of the paragraph. 1-5 shall also apply to an officer who has remained in service before 2 January 1999, if, after release from the service, despite the conditions for entitlement to a police pension, he has claimed an application for a pension from the service. to be subject to social insurance.

7. In the case referred to in paragraph. 6, the amount due, the assigned contributions shall be transmitted immediately on the basis of a notification by the Social Insurance Institution to determine the officer's right to a pension provided for in the provisions referred to in the paragraph. 4.

8. The amount of due, unpaid contributions shall be the income of the Social Insurance Fund.

(9) The Minister responsible for internal affairs, in agreement with the Minister responsible for social security, shall determine, by means of a regulation, the procedure and time limits for the transfer to the Social Insurance Institution of the contributions referred to in paragraph 1. In order to ensure the correct and immediate implementation of the tasks involved in the transfer of these contributions, the competent authorities shall be responsible for ensuring the correct and immediate execution of the tasks relating to the transfer of such premiums.

Article 70. [ Free umunduping] 1. The policeman receives free unification.

2. The Minister responsible for internal affairs, in agreement with the Minister responsible for public finance, shall determine by way of regulation, the amount and conditions for the granting of the cash equivalent in exchange for the unification, taking into account:

1) the elements of the umunduation which form the basis for determining the equivalent height;

2. the method of determining the height of the equivalent;

3) the mode and cases of awarding, returning and suspending the payment of the equivalent;

(4) the time limits for payment or reimbursement of the equivalent.

Article 71. [ The obligation to provide the units and organisational cells of the Police necessary equipment] 1. Police units and organisational units and police officers shall be provided with equipment necessary for the performance of official duties.

2. The standard of equipment referred to in paragraph 2. 1, the detailed rules for its awarding and use shall be determined by the Chief Constable Police.

Article 72. [ Right to board or to the equivalent of money in exchange for catering] 1. The police officer at the time of duty shall be entitled to meals or cash equivalents in exchange for meals.

2. The Minister responsible for internal affairs will determine, by regulation, the cases in which the police officer receives food, and the standards of nutrition, taking into account the types of standards and the manner of their determination, persons entitled to receive additional standards or their parts.

3. The Minister responsible for internal affairs, in agreement with the Minister responsible for public finance, shall determine, by way of regulation, the cases of receipt and the amount of the monetary equivalent in exchange for board, taking into account cases the receipt by a policeman of that equivalent, the manner in which it is calculated and the authorities entitled to pay the equivalent.

Article 73. [ Right to one in one year of free journey by rail] 1. The police and members of his family shall be entitled, once a year, to pass at the expense of the competent police authority by means of public transport by means of collective transport to one of the localities they have been overthrown in the country and back.

2. The Minister responsible for the internal affairs shall determine, by means of a regulation, the conditions for the use of the right referred to in paragraph by a policeman. 1, taking into account the way of settlement of travel costs.

3. In the event of non-utilisation of the entitled passage, the authorized person shall receive a flat-rate cash equivalent.

4. The Minister responsible for the internal affairs shall determine, by means of a regulation, the conditions for the grant of the monetary equivalent referred to in paragraph 1. 3, taking into account the method of determining the amount of the equivalent and the accounting which is not used by the police officer.

5. Repayment of travel costs or lump sum of cash equivalents referred to in paragraph 1 and 3, they shall not be entitled to a police officer in the calendar year in which they have been entitled to free journeys by means of public collective transport on the basis of separate provisions.

6. The individuals referred to in paragraph. 1, other social and household benefits may also be granted.

(7) The Minister responsible for internal affairs, in agreement with the Minister responsible for Social Security, shall determine, by means of a regulation, the nature and extent of the benefits referred to in paragraph 1. 6, taking into account the conditions for the use of such benefits, the way in which they are implemented and, in the case of financial benefits, their amount, method of calculation, settlement deadlines and payment deadlines.

Article 74. (repealed).

Article 75. (bypassed).

Article 76. (bypassed).

Article 77. [ Explanatory provision] 1. For members of the family of a policeman entitled to the benefits provided for in art. 73, 75 [ 10] and 76 [ 11] shall be considered to be the spouse and children.

2. The children of their own children, the children of the spouse, the children adopted and the children admitted to the upbringing shall be considered to be children, who:

(1) have not exceeded the age of 18 and, in the event of a school attendance, of 24 years or 25 years, if they are at a higher school, and the age of 24 is for the last or penultimate year of study, or

2) have become Invalids I [ 12] or II [ 13] groups before the achievement of the age referred to in point 1.

Article 78. [ Qualification of a period of service of a police officer as a work in a specific capacity] The period of service of a policeman shall be treated as a work in a specific nature within the meaning o the pension provision of workers and their families [ 14] .

Article 79. [ Specific parental rights] 1. The police shall be entitled to the parental rights of the employee as defined in the Code of Work, if the provisions of this Act do not provide otherwise. If both parents or guardians are officers, only one of them may be authorized.

2. A police officer shall not be entitled to apply for a reduction in the length of time of service during the period during which the parental leave could be exercised.

Article 79a. [ Deputy police officer during his absence in service] Where there is a need to replace a police officer during his absence in the service of maternity leave, additional maternity leave, leave on condition of maternity leave, additional leave on conditions maternity leave, paternity leave, parental leave or parental leave, may be used to employ an employee under a fixation contract covering the time of the absence of such a period of absence.

Article 80. [ Accounting of the period of service of the police officer who is released from service to the period of employment] 1. A police officer who has taken a job during the year from the day of release from duty, and if he has served as a preparatory service-within 3 months of that day, the period of service shall be included in the period of employment within the scope of all rights deriving from the law work.

2. Paragraph Recipe 1 shall not apply where the provisions of labour law provide that the expiry of the periods referred to in paragraph 1 shall not apply. 1, does not prevent the employee from using certain benefits.

3. If a police officer is unable to take up employment within the time specified in the paragraph. 1 due to a disease causing incapacity for work or invalidity [ 15] , shall retain the powers set out in the paragraph. 1 in the event of employment within 3 months from the date of cessation of incapacity to work, or invalidity .

4. The provisions of the paragraph. 1 and 2 shall not apply to police officers who are exempted from service in the event of conviction by a final judgment or disciplinary punishment of the expulsion of the service.

Article 81. [ Delegation] 1. The Minister responsible for internal affairs shall determine, by way of regulation, detailed rights and obligations and the course of service of policemen, taking into account the characteristics and specificity of the service in the Police Office units, the mode of establishment, the changes and settlement of a police officer's relationship, the tasks of the organisational cell managers competent in personal matters, the content of personnel orders to appoint a police officer to a service post or to release a police officer from the service, mode issuing a certificate of service and opinion on the service of a policeman, their designs, a term the request for rectification of the certificate and the opinion and the time limit for making such a rectification.

2. The manner of duty of the police officers shall determine the ordinances, regulations and orders of the Commandant of the Police Chief.

Article 82. [ The amount of the annual leave available to the policeman] 1. A police officer shall be entitled to an annual paid leave of 26 working days.

2. The police officer shall be entitled to the first leave within six months of service in the half of the period of leave due after the year of service.

3. The right to full-time leave of the policeman shall be acquired with the expiry of the year of service. Such leave shall include the leave referred to in paragraph 1. 2.

Article 83. [ Reference of a police officer from holiday leave] 1. The policeman may cancel the holiday leave for valid business reasons and also to withhold the grant of leave in whole or in part. The term of leave may also be postponed at the request of a police officer, motivated by important considerations.

2. The police officer cancelled on leave shall be entitled to reimbursement of the costs of the journey according to the standards laid down in the provisions on official duties in cases of transfer or secondment, as well as of other costs.

2a. The Minister responsible for the internal affairs shall determine, by means of a regulation, the mode of reimbursement of the costs of the journey and other incurred costs of the police officer in the event of cancellation, taking into account the standards laid down for the transfer or posted police officers, documented charges made by a police officer, and which have not been used in connection with the cancellation of the leave, as well as fees paid to family members referred to in art. 77 if the cancellation of a police officer from leave has also resulted in their return.

3. The cancellation of a police officer from leave for business reasons requires the consent of the supervisor.

4. A police officer who has not used leave in a given calendar year shall be granted leave during the first 3 months of the following year.

Article 84. [ Introduction of additional paid leave in the dimension up to 13 days] The Minister responsible for internal affairs may, by regulation, introduce paid additional leave of up to 13 working days per year for policemen who serve on conditions particularly burdensome or harmful to health, or have reached a certain age or internship, or where this is justified by the specific characteristics of the service.

Article 85. [ Paying health or occasional leave and free leave for important reasons] A police officer can be given paid leave of health or occasional leave, as well as free leave for important reasons.

Article 86. [ Delegation] The Minister responsible for internal affairs shall determine, by way of regulation, the detailed rules for the granting of leave to the police officers, the procedure for dealing with such matters and the amount of the leave referred to in Article. 84 and 85, taking into account the period of service, the age of the policeman, the cases of conditions which are particularly burdensome and harmful to health and the degree of harmfulness affecting the amount of the additional leave.

Article 87. [ Distinctions] 1. A policeman who is exemplary performing duties, manifests an initiative in the service and improving professional qualifications, may be awarded with honors:

1) praise;

2) short-term additional holiday leave in the dimension up to 10 working days;

3) the granting of a departmental badge;

4. pre-term appointment to a higher degree of police.

2. The dissent shall be given to the police officer entitled to the supervisor referred to in Article 4. 32 par. 1.

3. The elation shall not be granted to the police officer:

1) to be punished with a disciplinary penalty, before it is tarrashed;

2) a convicted judgment of the court or in respect of which the criminal proceedings have been conditionally decommitted, for the period of one year from the date of the decision.

4. The Minister responsible for internal affairs shall determine, by means of a regulation, a detailed procedure for the award of distinctions to the police officers, taking into account the scope of the powers of superiors for the award of distinctions and the form of award of honors.

Chapter 8

Apartments of Police officers

Article 88. [ Right to a dwelling] 1. A police officer in a permanent service shall have the right to a dwelling in a place where he/she is serving, or in a nearby village, taking into account the number of family members and their entitlements resulting from the separate provisions.

2. A policeman in the preparatory service may receive temporary accommodation.

3. A police officer loses the right to a dwelling in the event of a disciplinary expulsion from the service.

4. The nearby locality referred to in the paragraph. 1, there is a village, from which time of commute to the place of duty and to the return of public collective transport, according to the timetable, including the transfers, does not exceed two hours, counting from the station (stop) situated closest to the place of residence to the station (stop) nearest to the place of service without taking into account the commuting time to and from the station (stop) within the locality from which the policeman commences, and the village where the perform the duties of the service.

Article 89. [ Determination of police officer's family members] The family members of a police officer, who shall be taken into account at the allocation of the housing unit, shall be kept with a police officer in the common household:

1. a spouse;

2) children (own or spouse, adopted or accepted for the foster care of the foster family), but not longer than the age of 25 years of age;

3) the parents of a police officer and his spouse who is on his or her sole dependant or if, on account of age or invalidity Or other circumstances are incapable of performing employment; parents are also considered to be stepfather and stepmother as well as adoptive persons.

Article 90. [ Space premises for police officers] The premises of the policemen shall be allocated to the premises at the disposal of the Minister responsible for internal affairs and/or bodies.

Article 91. [ Right to the cash equivalent for the overhaul of the occupied dwelling] 1. The police officer shall have a cash equivalent for the overhaul of the occupied dwelling, taking into account the number of members of the family and their entitlements under the separate provisions.

2. The Minister responsible for internal affairs, in agreement with the Minister responsible for public finance, shall determine by way of regulation, the amount and detailed rules for granting, refusing to grant, revoke and return an equivalent, of which Paragraph 1. 1, taking into account the persons entitled to receive it, the models of the required documents, the authorities competent to grant it, the refusal to grant, the payment, the withdrawal or the request for its reimbursement and the way in which the confluence of the powers is sought. its receipt.

Article 92. [ The equivalent of a cash equivalent to a police officer who does not have a dwelling at the place of duty or in a nearby town] 1. A police officer shall have a cash equivalent if he or his/her family members do not have a dwelling at the service or in a nearby village.

2. The Minister responsible for internal affairs, in agreement with the Minister responsible for public finance, shall determine by way of regulation, the amount and detailed rules for granting, refusing, reversing and returning the equivalent cash referred to in paragraph 1. 1, taking into account the persons entitled to receive it, the method of determining the amount of the equivalent, the models of the required documents, the authorities competent to grant it, the refusal to grant, the payment, the withdrawal, or the request for its reimbursement, and the way in which to proceed in the event of a concourse of entitlement to its receipt.

Article 93. [ Reimbursement of travel expenses to the place of duty] 1. A police officer who occupy a dwelling in a nearby place of duty shall be entitled to reimbursement of the expenses of the service in the amount of the ticket price for the journey by rail or by bus.

2. The reimbursement of the costs referred to in paragraph. 1, shall not be entitled in a calendar year in which entitlement to free journeys by public means of communication has been purchased, on the basis of separate provisions.

Article 94. [ Financial aid to a person who has not received a dwelling on the basis of an administrative decision] 1. A police officer who has not received a dwelling on the basis of an administrative decision of the allocation shall be entitled to financial assistance for the acquisition of a dwelling in a housing cooperative or a single-family house or a dwelling house is a separate property.

1a. A person who has been convicted by a final judgment of a court for a deliberate offence or a treasury offence intentionally, prosecuted against public prosecution, committed in connection with the performance of his duties and in order to achieve a property gain or personal, or for the offence referred to in Article 258 of the Penal Code, or against which a criminal offence is adjudicated to deprive public rights of a criminal offence or a treasury offence, shall be required to reimbursing the financial assistance referred to in paragraph 1. 1.

2. The Minister responsible for internal affairs shall determine, by way of regulation, the procedure and the detailed rules for granting, withdrawing and returning the financial assistance referred to in paragraph 1. 1, having regard to the cases in which the aid is granted, withdrawn or refundable, as well as the calculation of the amount of financial assistance granted or to be recovered for reimbursement, and the types of documents required for the application of the aid granting of this aid.

Article 95. [ The issue of the decision to empty the dwelling and the conditions for the non-allocation of premises by way of an administrative decision] 1. The dwelling place on the basis of an administrative decision shall not be assigned to a policeman:

(1) in the event of the use of the financial assistance referred to in Article 3 (1), 94;

(2) having a place in the place where the service is in place, or in a locality of a nearby dwelling which corresponds to at least the living area or a single-family house or residential and/or residential house;

(3) whose spouse has a dwelling or a house as defined in point 2;

(4) in the event of the divestment by him or his/her spouse of the right to a cooperative dwelling constituting a separate property or house as referred to in point 2, except in the cases provided for under Article 3 (2) of Regulation (EC) No 22/EC of the European Union. 96 (1) 3.

2. The decision on the emptying of the dwelling referred to in art. 90, appears if the policeman:

1. shall either be subtentional or give away free use of the allocated premises or part thereof;

2) use a dwelling in a manner contrary to the contract of rental or misuse, neglects obligations, allowing for damage, or destroys the devices intended for the common use of the inhabitants;

3) it goes in a way which is blatant or persistent against the household order, making the use of other premises cumbersome;

4) is in the body with a payment of rent or payment for benefits connected with the operation of the premises for a period of at least two full payment periods, despite prejudice in writing of the intention to issue a decision to empty the premises and to designate an additional, the monthly deadline for payment of arrears and current receivables;

5) received the financial assistance referred to in art. 94 par. 1;

6) he was transferred to serve in another locality and assigned to him in this or nearby village the next dwelling place;

7) has not released, by the date specified by separate provisions, the previously allocated dwelling;

8) waived the authority to occupant the dwelling;

9) has been convicted by a final judgment of the court for a deliberate offence or a treasury offence intentionally, prosecuted by public prosecutions, committed in connection with the performance of official duties and in order to achieve property or personal gain, or for the offence referred to in Article 258 of the Penal Code, or against which the criminal act of deprivation of public rights for a criminal offence or a tax offence has been adjudicated.

3. The decision on the emptying of the dwelling shall also appear:

1) if a police officer or his/her spouse is entitled to a legal title to another dwelling, referred to in art. 90; in such a case, the persons concerned shall be entitled to choose one of the occupants;

2) when a police officer discharged from the service or other after a police officer, the members of the family occupy a dwelling located in a building intended for official purposes or on the premises of a closed facility, and the persons were assigned a dwelling in the same or a nearby village, with an area corresponding to the population of the population;

3) in the case of occupations of the dwelling referred to in art. 90, by a police officer or members of his family or any other person-without a legal title.

(3a) The decision to empty the premises shall also be issued if the owner of the premises has pronged a legal relationship with regard to the premises.

4. The decision to empty the premises shall be issued in relation to all persons residing in that premises.

Article 96. [ Allocation of premises to a police officer holding a locum in another village] 1. A police officer transferred to a service in another place, who in the previous service place has a dwelling, a single-family house or a residential house, may be assigned a dwelling on the basis of a decision an administrative in a new place of service, if:

1) free up occupied dwellings or house;

2. shall return the financial assistance granted:

(a) for a housing contribution or a building contribution in the amount of the cooperative,

(b) to repay other claims, in the amount granted.

2. A police officer who has benefited from financial assistance may be allocated a dwelling on the basis of an administrative decision if he or she has released the occupied dwellings or the house referred to in paragraph 1. 1, and return financial assistance on the basis of the rules laid down in that provision.

3. The Minister responsible for internal affairs shall determine, by way of regulation, the mode of allocation of the dwelling in the cases referred to in paragraph 1. 1 and 2, the detailed rules for the recovery of the financial assistance and the release of occupied dwellings or houses referred to in paragraph 1. 1, having regard to the reasons justifying the allotment to the police of a police officer transferred to the service in another locality, the way in which the police officer benefited from the financial assistance to obtain a dwelling, and the types of documents supporting the police officer's release of the dwelling so far occupied.

4. A police officer transferred from office to service in another locality who did not release the occupied dwelling or the house referred to in paragraph 4 in the preceding place of duty. 1, temporary accommodation may be allocated according to the applicable standards, without taking into account the inhabited members of the family. Accommodation costs shall be covered by the Police budget appropriations, no longer than 2 years from the date of allocation of the temporary accommodation unit.

5. A seconded police officer for temporary duty in another locality shall receive temporary accommodation. Accommodation costs shall be covered by the Police budget.

Article 97. [ Delegation] 1. The Minister for Internal Affairs, in agreement with the Minister responsible for Construction, Local Planning and Planning and Housing, shall determine, by way of regulation, detailed rules for the allocation of and the emptying and population standards of the dwellings referred to in Article 90, as well as detailed rules for the allocation of accommodation and temporary accommodation to the police officer, the emptying or conversion of the accommodation unit and the temporary accommodation unit, and the competent authorities for issuing administrative decisions in these cases, the level of the standards the population and the way in which they were determined

2. The Minister for Internal Affairs, in agreement with the Minister for Construction, Local Spatial Planning and Planning and Housing and Minister for Public Finance, will determine, on the way regulations, terms and conditions for the rental of dwellings located in the buildings owned by the State Treasury remaining on the Board of the Police Organisational Units, as well as the method of calculating the rental rent, the rights and obligations of the Tenant, and the landlord, as well as the components of the rental rent and the circumstances affecting the its height.

3. Additional population standards determined on the basis of the paragraph. 1, relating to the position of official business or of the degree of interest, shall also apply to the departments of policemen of other dwellings than those mentioned in the Article. 90.

4. In disputes arising from the ratio of the tenancy of the premises referred to in paragraph 2, they shall resolve the common courts.

5. The allocation and emptying of the apartments and the handling of the cases referred to in art. 91, 92, 94 and 95. 2-4, shall be in the form of an administrative decision.

Article 98. [ The right to an allotted dwelling available to a police officer who is exempt from service] A police officer discharged from a service who is not entitled to a dwelling under the conditions laid down in the provisions on the pension provision of the police officers, the Internal Security Agency, the Intelligence Agency, the Military counterintelligence service, Military Intelligence Service, Central Anti-Corruption Bureau, Border Guard, Government Security Bureau, State Fire Service and Prison Service, and their families, retains the right to an allotted dwelling according to standards commonly in force or may be transferred to a convertible dwelling.

Chapter 9

Emoluments and other cash benefits of policemen

Article 99. [ Rise of the entitlement to the emoluments] 1. The right to salary shall arise from the date of appointment of a police officer for the post of office.

2. From the title of service, the policeman receives one salary and other cash benefits specified in the Act.

3. The average salary of policemen shall be a multiple of the basic amount, the amount of which shall be determined according to the separate rules of the budget law.

3a. By the average salary referred to in paragraph 1 (a), the average salary referred to in paragraph 1 3, the salary shall be understood together with the monthly equivalent of the annual award.

4. Multiplicity of the amount of the basic amount referred to in paragraph 4. 3, specifies the Council of Ministers by way of regulation.

Article 100. [ Salaments] The emoluments of a police officer shall consist of basic salary and salary allowances.

Article 101. [ Factors affecting the salary of a policeman] 1. The height of the basic salary of a police officer shall be dependent on the grade of his official duty and from the servant of the years.

2. The Minister responsible for internal affairs, in agreement with the Minister responsible for the work, shall determine, by regulation, detailed rules for the receipt and the amount of basic salary of policemen, taking into account the grades and the corresponding salary rates, the grade of the service posts and the corresponding police grades, the conditions for the increase of that salary, and the way in which it is to be determined for the years of service of the years.

Article 102. [ Delegation] The Minister responsible for the internal affairs shall, by regulation, determine the detailed rules for determining the period of years from which the increase in basic salary is subject, taking into account the types of periods of service, work and other periods subject to the to be taken into service, the manner in which it is documented, and the procedure to be followed in such cases.

Article 103. [ The right to maintain the previously granted salary of a police officer transferred to a lower business position] 1. A police officer transferred to a service post included in the lower house of basic salary shall retain the right to the rate of salary collected in the previously occupied position, until the higher rate of salary has been obtained according to the post work.

2. The Minister responsible for internal affairs, in cases of particularly justified cases, may authorise the conduct by a police officer transferred to a service post included in the lower endowment of the basic salary of the right to grade due to the position previously occupied, while maintaining the degree associated with that position.

3. The provision of the paragraph. 1 shall not apply to police officers transferred to a lower business position on the basis of an art. 38 par. 1 or paragraph 2 points 2 and 3 and the police officers transferred at their own request.

Article 104. [ Appendix for a degree, functional allowance, duty allowance and salary allowance] 1. The police officer shall be entitled to an allowance for a degree in the amount dependent on the degree of police being held.

2. A police officer who is in service or duties at a managerial or independent position shall be entitled to a function allowance.

3. In positions other than those mentioned in paragraph. 2. A police officer shall receive a duty allowance for the proper performance of his duties.

4. Regardless of the allowances referred to in paragraph. 1. A police officer may be granted an allowance to emoluments justified by the specific characteristics, qualifications, conditions or place of service of the service.

5. The fixed salary added shall be the allowances fixed in the monthly rates.

(6) The Minister responsible for the internal affairs, in agreement with the Minister responsible for the work, shall determine by way of regulation the detailed rules for receiving and the amount of the allowances referred to in paragraph 1. 1-4, taking into account their nature and nature, the conditions for granting or increasing, on a permanent or permanent basis, the conditions for reducing or withdrawing, as well as the conditions for entitlement to the additive in function.

Article 105. [ Way of payment of salaries and other benefits] 1. The salary and other benefits and cash receivables shall be payable directly to the policeman's hands, subject to the paragraph. 5.

2. The basic salary and allowances for permanent emoluments shall be paid monthly in advance on the first working day of each month, subject to paragraph (a). 3 and 5.

3. The Minister responsible for internal affairs may determine, by means of a regulation, other time limits for payment of allowances of a fixed nature, taking into account which of them are payable monthly on the bottom.

4. Terms of payment of other benefits and cash receivables and allowances, not mentioned in the paragraph. 2, lay down provisions on the conditions for their reception.

5. The salary and other benefits and pecuniary receivables may be paid in a non-cash form, on the terms and conditions laid down in the written agreement between the payer and the police officer, not earlier than on the dates referred to in paragraph. 2-4.

Article 106. [ Change of emoluments and expiry of the right to emoluments] 1. The change of salary shall take place on the date on which the circumstances justifying the change are in place.

2. If the entitlement to the emoluments has been created or changed during the month, the salary shall be calculated on the basis of 1/30 of part of the monthly salary for each day, until the end of the month, when the special provisions do not provide otherwise.

3. The right to emoluments shall expire on the last day of the month in which the police officer was released from the service or there were other circumstances justifying the termination of that right.

Article 107. [ The redress of claims on the right to emoluments] 1. Claims for the right to salary and other benefits and cash receivables shall be statute-bargaining within 3 years from the date on which the claim became due.

2. The authority competent to deal with claims may not take into account the statute of limitations, if the delay in the investigation of the claim is justified by exceptional circumstances.

3. The statute of limitations on claims for salaries and other benefits and cash receivables interrupts:

1) any act before the head of the business unit of the subordinate minister competent for internal affairs, competent to deal with claims, taken directly for the purpose of the investigation or determination or satisfaction of the claim;

2) recognition of the claim.

Article 108. [ Cash benefits of a policeman] 1. The following benefits shall be provided to the police officer:

(1) the management allowance;

2) prizes and oblivion;

3) the jubilee awards;

(4) additional remuneration for the performance of the tasks assigned to it beyond the duties of the service;

5. receivables for business trips and transfers;

(6) benefits in connection with the exemption from service.

1a. Police officers may receive prizes for their achievements in the service, from the financial resources referred to in art. 13 (1) 4a.

2. In the event of the death of a police officer or a member of his family, shall be entitled:

(1) a funeral allowance;

2. postmortem briefes.

Article 109. [ Installation allowance] 1. The police officer, in connection with the appointment of a permanent appointment, shall be entitled to the installation allowance in the amount of one month's basic salary together with the permanent allowances due on the day of his appointment permanently.

2. The strength referred to in paragraph. 1, shall not be entitled to a police officer serving in the Police after his release from a professional military service or other service during which he has received such an allowance.

Article 110. [ Annual Award] 1. The police officer for the service in a given calendar year shall be entitled to an annual prize of 1/12 of the salary received in the calendar year for which the prize is entitled.

2. (repealed).

3. An annual award shall be entitled if a police officer in a given calendar year has served for a period of at least 6 calendar months. The periods of service shorter than the calendar month shall be aggregated by accepting that each 30 days of service shall be a full calendar month.

3a. To the period referred to in paragraph 1. 3, do not include periods of non-performance of work tasks for the following reasons:

1) use of unpaid leave;

(2) interruptions in the performance of official duties for which the police officer did not retain the right to emoluments, as referred to in Article 4 (2), 126 (1) 1-3;

3) suspension in business or temporary arrests.

3b. Article 3 (b) 3a (3) shall not apply where the criminal proceedings in a criminal offence or a tax offence or disciplinary procedure, in respect of an act in connection with the arrest or suspension of a business activity, have been waived a final judgment or a police officer was acquitted on the basis of a final judgment or a judgment of acquittal in disciplinary proceedings.

3c. The morals of the proceedings referred to in paragraph 1. 3b, does not apply to the conditional write-off of criminal proceedings or proceedings in the case of a treasury offence or a write-off of such proceedings on account of a statute of limitations or amnesty.

4. The condition referred to in paragraph. 3, shall not apply when determining entitlement to the annual award for the calendar year in which the policeman:

1) benefited from parental leave, maternity leave, extra maternity leave, paternity leave, parental leave, maternity leave, extra leave on maternity leave conditions;

1a) has benefited from the exemption from the exercise of business activities, for the reasons referred to in art. 185 § 2 or art. 188 of the Labour Code;

(1b) benefited from the exemption from professional activities in the event of the birth of a child of a police officer, in accordance with the provisions issued on the basis of art. 298 ² Labour code;

1c) benefited from the exemption from the exercise of business activities due to the need for personal care of the child referred to in art. 33 (1) 1 point 1 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2014 items 159);

2) has been delegated or dismissed from the delegation without the right to emoluments in the cases referred to in art. 36 ust. 4 and art. 122a;

3) has been released from the service in connection with the acquisition of entitlement to a pension or an annuity or an article. 41 par. 2 points 6 and 7;

4) died or was found missing.

4a. The emoluments referred to in paragraph 1. 1, not including the salary received during the period of suspension in business or temporary arrests. The provisions of the paragraph 3b and 3c shall apply.

5. The annual prize is reduced to a police officer, subject to paragraph. 7, in the case of:

1) committing a criminal offence or a treasury crime found by a final judgment of the court;

2. breaches of professional discipline, as established in the final disciplinary procedure;

3) receipt of the opinion of the service referred to in art. 38 par. 2 point 2;

4) the receipt of the first or subsequent official opinion referred to in art. 38 par. 2 point 3.

6. The reduction referred to in paragraph. 5, may occur within the range of 20% to 50%.

7. An annual award shall not be granted to a police officer in the case of

1) convict the final judgment of the court for the offence or treasury offence referred to in art. 41 par. 1 point 4;

2) committing a crime or a treasury crime or deed, because of which a police officer has been discharged from the service on the basis of art. 41 par. 1 point 4a and paragraph. 2 (2) and (8);

3) committing the act, for which the policeman has targeted one of the disciplinary penalties referred to in art. 134 points 3-6;

4) exemption from service on the basis of art. 41 par. 1 point 2 and paragraph. 2 point 1.

8. The reduction or deprivation of the right to the annual award shall be followed for the calendar year in which the police officer committed the offence or act referred to in the paragraph. 5 points 1 and 2, in art. 41 par. 1 points 4 and 4a and paragraph 1. Article 2 (2) and (8), as well as in Article 2 ( 134 points 3-6, or received the opinion referred to in Art. 38 par. In the cases referred to in Article 2 (2) and (3), he or she has been released from service in the cases referred to in 41 par. 1 point 2 and paragraph. 2 (1), and if the award has already been paid, for the year in which:

1) the criminal or disciplinary proceedings in the case have been terminated by a final judgment or

2) a police officer has been released from the service.

8a. Circumstances justifying the deprivation or limitation of the right to an annual award shall be determined on the basis of decisions and decisions of bodies competent in criminal matters of a criminal offence or a treasury offence, in disciplinary matters and in cases on the opinion of police officers, as well as on the basis of documentation carried out in the personal cases of policemen.

8b. When reducing the annual reward, account shall be taken of all the circumstances of the case, in particular the nature of the offence, the tax offence or the foreseeable offence, its effects, the nature and the length of the sentence, and the results so far a police officer in the service.

8c. From the decision of the superiors to the award, reduction or refusal of the award of the annual police officer shall be used to refer to the superior superior.

9. The annual award shall be paid by 31 March of the calendar year following the year for which the prize is due.

10. The service of the annual reward shall be paid within 14 days from the date of release.

11. In the event of death or disappearance of a police officer due to him, an annual reward shall be paid to the spouse and, subsequently, to the children and parents entitled to the survivor's pension. The provisions of the paragraph 10 shall apply mutatis mutandis.

12. In the case of a police officer in a calendar year of service in various departments of the Police, the annual award shall be granted and paid in the unit which was the last place of service of the service in the given year.

(13) The annual awards shall be given to the superiors responsible for the appointment of police officers on duty, transfer and dismissal from those posts.

14. The Minister responsible for internal affairs shall award the annual awards to the Chief of Police and the Deputy Commandant of the Police Chief.

15. The Chief of Police Chief awards the annual awards to Komendant CBPA, the commanders of the Police Department (the Police Metropolitan Police), the commanders of the police schools and their deputies, and the Rector and the prorector of the Higher School of Police in Szczytno.

Article 110a. [ Incentive awards and oblivion] 1. Policeman, irrespective of the distinctions referred to in art. 87 (1) 1, may be awarded motivational awards, in monetary or in kind form, for the exemplary performance of business tasks, shown in the service of fortitude and initiative, and serving of service in difficult conditions. Article 87 (1) 3 shall apply mutatis mutandis.

2. The policeman may be awarded a forgettable, in monetary or factual form, in the case of individual random events, natural disaster, illness, death of a family member and other events causing a deterioration of the material situation of a policeman and his family.

3. Create a prize fund in the Police and help the police officers, with the purpose of rewards and oblivion, referred to in the paragraph. 1 and 2.

Article 110b. [ Delegation] The Minister for Internal Affairs, in agreement with the Minister for Labour and the Minister responsible for Social Security, will determine, by way of regulation, the detailed conditions and mods for the award of prizes to policemen and the aid referred to in Article 110a, the procedure to be followed and the managers responsible for awarding the prizes and the help, how to create the prize fund and help the police officers, the Police units where the prize fund is being created, and the ways in which they will be awarded, and the conditions for an increase in the level of the individual authorising officer with a view to a deliberate and rational policy on the disposal of funds.

Article 111. [ Jubilee Awards] 1. The policeman shall have the jubilee prizes in the amount of:

after 20 years of service-75%,

after 25 years of service-100%,

after 30 years of service-150%,

after 35 years of service-200%,

after 40 years of service-300%

monthly basic salary, together with fixed-line allowances.

2. The Minister responsible for internal affairs, in agreement with the Minister responsible for the work, shall determine, by means of a regulation, the periods included in the period of service from which the acquisition of the right to the jubilee prize depends, and the mode of its calculation and to pay, having regard to the periods of service, work and learning resulting in the acquisition of the right to the jubilee prize, the way in which those periods are documented, and the proceedings in the event of the confluence of the right to several awards, and the time limit for the payment of the prize.

Article 112. [ Additional remuneration for the performance of tasks outsourced outside the duty of service] 1. The police officer shall receive an additional remuneration for the performance of the tasks assigned to him outside the duties of the police officer.

2. The Minister responsible for internal affairs shall determine, by means of a regulation, the conditions for receiving the additional remuneration referred to in paragraph 1. 1, taking into account the types of tasks outsourced, the amount and method of calculation of the remuneration and the mode of payment.

3. (repealed).

Article 113. [ Reimbursement of travel expenses and costs arising from transfer] 1. In the event of a transfer of a police officer to serve in another locality or to delegate him to temporary duty, the police officer shall be entitled to duties for business trips and transfers.

2. The Minister responsible for internal affairs, in agreement with the Minister responsible for the work, shall determine, by regulation, the amount, the conditions and the procedure for the granting of the duties referred to in paragraph 1. 1, taking into account the means of calculating the time of business travel and the types of receivables and ways of fixing their duties and the time limits and modalities for payment

Article 114. [ Allowances to be granted to a police officer with a duty to be exempt from service] 1. A police officer released from the service shall receive, subject to the mouth. 2-4:

(1) a brief;

(2) cash equivalents for unused holiday or additional leave and for unused duty free of charge on the basis of Article 3 (1) (b) of the Financial Regulation; 33 (1) 3;

3) reimbursement of the costs of the transit of a police officer and members of his family and the carriage of a household appliance to a new place of residence in the country, to the extent and on the rules applicable at the transfers from office.

2. The benefits referred to in paragraph. Article 1 (3) shall be granted to a police officer if, on the date of his discharge, he/she fulfilled the conditions for obtaining the benefit of the pension.

3. A police officer shall be released from the service on the basis of art. 41 par. 1 points 3 and 4a and paragraphs Article 2 (2) shall be replaced by 50% of the grant and the cash equivalent referred to in paragraph 2. 1 point 2.

4. A police officer shall be released from the service on the basis of art. 41 par. 1 point 4 and paragraph. Article 2 (2) shall be replaced by the monetary equivalents referred to in paragraph 2. 1 point 2. The chief of the Police Chief or the superior officer authorized by him may, in cases of particularly justified needs of the policeman's family, grant him no more than 50% of the check-in.

Article 115. [ Fixing of the amount of the briefer] 1. The height of the check-in for a police officer in the fixed service shall be equal to the amount of the three-month basic salary together with the permanent allowances due in the last official business position. The allowance shall be increased by 20% of basic salary together with the fixed allowances for each further full year of the service of more than five years of continuous service up to a maximum of six months ' basic salary together with allowances of a nature fixed. The service period exceeding six months shall be counted as a full year.

2. When determining the amount of the check, the periods of uninterrupted professional military service shall also be taken into account if, immediately after discharge from that service, the soldier has been admitted to the Police Service and has not received a briever from the title previously fulfilled services.

3. Paragraph Recipe 2 shall apply mutatis mutandis in the event of service in the Police on discharge from service in other services where such services are entitled to such services.

4. The height of the check-in for a police officer in the preparatory service shall be equal to the amount of one month's basic salary together with the permanent allowances payable in the last official post.

Art. 115a. [ Fixing the amount of the cash equivalent for untapped holiday leave] Cash equivalents for 1 day of untapped holiday or additional leave and for each 8 hour period of unused free time under Article 33 (1) 3 shall be determined in the amount of 1/30 of the part of the monthly basic salary, together with the fixed allowances due in the last official business.

Article 116. [ Postmortem postmortem] 1. In the event of the death of a police officer, the surviving family shall be entitled to a death sentence at the rate at which the police officer would be entitled if he had been discharged from the service and the benefits referred to in Article 4 (1). 114 par. 1 points 2 and 3.

2. The benefits referred to in paragraph. 1, they shall be entitled to the spouse of a police officer who has stayed with him in matrimonial partnership and in the subsequent order of children and parents if, on the date of death of the policeman, they have fulfilled the conditions for obtaining a survivor's pension under the provisions of the law on the pension provision of the Police officers and their families [ 16] .

3. The provisions of the paragraph. 1 and 2 also apply to the missing policemen. The disappearance of a police officer and the connection of this disappearance to the service states the Minister responsible for internal affairs.

Art. 116a. [ The granting of financial assistance to the children of the deceased policeman] 1. In the case of a police officer whose death occurred in connection with the service, each of his dependent children, who on the day of his death fulfilled the conditions for obtaining the survivor's pension, the Chief of Police Chief grants financial assistance on education, from the resources earmarked for this purpose in the Police budget.

2. The financial assistance referred to in paragraph 2. 1, benefit pupils from secondary public and non-public schools with the authority of public schools for young people and for adults and for the students of teacher education establishments and colleges of social workers, and school students. higher up to the time of completion of the training, however, no longer than the completion of 25. year of life.

3. The Minister responsible for internal affairs shall determine, by means of a regulation, the specific conditions and the procedure for the granting of the aid referred to in paragraph 1. 1, taking into account the grant mode and the amount of aid depending on the level of education and the type of school.

Article 117. [ Payment of the cash benefit to the police officer released from the service] 1. A police officer in the service of a permanent, exempt from the service on the basis of art. 41 par. 1 point 1 and paragraph 1. For the period of the year following the release from the service, the cash benefit at the rate corresponding to the basic salary, together with the fixed allowances collected on the last official business position, shall be paid monthly for the period of the year after the release from the service.

2. A police officer entitled to the benefit referred to in paragraph 1. 1, which has acquired the right to a pension provision, shall have the right to choose one of those benefits.

3. A police officer discharged from the service on the basis of art. 41 par. 2 points 5 and 6, which, by reason of the continuing illness, cannot take up employment, shall be paid monthly on the cash benefits referred to in paragraph 2. In the case of an invalidity pension, the amount of the invalidity pension will be calculated on the basis of the amount of the invalidity pension.

Article 118. [ Exemptions] The retaliate referred to in Article 114, and the benefits referred to in Article 114. 117 shall not be entitled to a police officer who, immediately after discharge from the service, has been admitted to a professional military service or to any other service in which entitlement to such benefits is entitled.

Article 119. [ Funeral allowances] 1. In the event of death of a police officer, regardless of the postmortem briefcase referred to in art. 116, there is a burial allowance of:

1) 4000 PLN if the funeral expenses are borne by the spouses, children, grandchildren, siblings or parents;

(2) the costs actually incurred, but at most, to the level referred to in point 1, where the costs of the funeral are borne by another person.

2. If the death of a police officer occurred as a result of an accident remaining in connection with the service, the costs of the funeral shall be covered by the means of the Police Headquarters. The Police Chief may agree to cover the costs of the funeral of a police officer who died as a result of the illness in connection with the service.

3. In case of covering the costs of the funeral of a police officer from the measures of the Police Headquarters of the persons mentioned in the mouth. 1 point 1 shall be entitled to half of the funeral allowance.

Article 120. [ Funeral allowance in connection with the death of a member of the policeman's family] 1. In the event of death of a family member, the policeman shall have a funeral allowance of:

1) 4000 PLN-if the cost of the funeral is borne by the policeman;

(2) the costs actually incurred, but at most, to the level referred to in point 1, where the costs of the funeral are borne by another person.

2. The Minister responsible for internal affairs shall determine, by means of a regulation, the conditions for covering the costs of the funeral of a police officer from the resources of the competent police authority and shall determine the members of the family who are entitled to attend the funeral allowance, the types of expenditure covered by the funeral expenses and their amount, the cases and the way in which the amount and the arrangements for payment of the funeral allowance are made, or of the compensation for the death of the family member and the documents required for payment thereof.

3. (repealed).

Article 121. [ Benefits of a police officer on duty exemption, leave and during the period of absence of a duty unallocated] 1. In the case of leave, dismissal from business activities and during the period of stay without a service assignment, the police officer shall receive basic salary, fixed-term salary allowances and other pecuniary receivables payable on the most recently claimed salary a business position, taking into account changes occurring during that period, affecting the right to emoluments and other monetary charges or at their level.

2. The Minister responsible for internal affairs in agreement with the Minister responsible for labour may, by regulation, limit, in whole or in part, the payment of certain allowances to the emoluments during the period of the special leave or of the remaining a police officer without a service assignment, taking into account the types and levels of allowances, the payment of which shall be reduced in the event of special leave or the absence of a police officer, as well as the jurisdiction of the authorities in those cases.

Article 121a. [ Monthly salary of a police officer for the period of maternity leave, leave on condition of maternity leave, parental leave] 1. Monthly salary of a police officer for the period laid down by the provisions of the Labour Code as the period of maternity leave, the period of additional maternity leave, period of leave on the conditions of maternity leave, period of additional leave on leave conditions maternity leave and the period of paternity leave shall be 100% of the monthly salary referred to in Article 3. 121 (1) 1.

2. The monthly salary of a policeman for the period laid down by the provisions of the Labour Code as the period of parental leave shall be 60% of the monthly salary referred to in art. 121 (1) 1.

3. Monthly police emoluments-a woman who, in the application, submitted no later than 14 days after childbirth, will request her, immediately after maternity leave, additional maternity leave in full time, and immediately after such a leave-parental leave on full-term, shall be 80% of the monthly salary referred to in Article 3. 121 (1) 1, for the entire period corresponding to the period of these leave.

4. Paragraph Recipe 3 shall apply, mutatis mutandis, to a police officer who, in his application, is submitted no later than 14 days after the adoption of the child's education and speech to the procurator of the court of first instance on the initiation of the procedure for adoption of the child, or after the adoption of the procedure. the child to be brought up as a foster family, with the exception of the foster care family, shall be requested to grant him, immediately after the leave on condition of maternity leave, supplementary leave on the conditions of maternity leave in full time, and immediately after such leave-parental leave in full time.

5. A police officer who, due to a request made in the mode of the mouth. 3 or 4 received 80% of the emoluments referred to in paragraph 1. 3, in the case of the cancellation of additional maternity leave on the full or part of the maternity leave, or in the case of cancellation of additional leave on the conditions of maternity leave in full or part of the maternity leave or in the case of withdrawal from leave parent full-time parental leave shall be entitled to a one-off payment of the salary referred to in paragraph 1. 3, up to a maximum of 100%, provided that the salary is not collected for the period corresponding to the periods of such leave.

Article 121b. [ Period of residence on sick leave] 1. During the period of residence on sick leave, a police officer shall receive 80% of the salary.

2. The medical exemption covers the period during which the policeman is exempted from the business activities due to:

1) a policeman's illness, including the impossibility of carrying out business activities for the reasons set out in art. 6 para. 2 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity;

2) donation of blood or its components in the organizational units of the public blood service or due to periodical examination of blood donors;

3) the need for the personal care of the sick child or the spouse of the policeman, the child of the occasion, the child of the foreign accepted for the education and maintenance, until the completion of the 14. year of life;

4) the need for personal care for the sick family member; for family members, the spouse, parents, grandparents, father-in-law, grandchildren, siblings and children aged over 14 if they remain in the common household with a police officer during the period of care;

5) the need for personal care for the child's own child or the spouse of the policeman, the child of the adopted child, the foreign child adopted for the education and maintenance, until the completion of the 8. the year of life in the case

(a) an unforeseen closure of a nursery, a kindergarten or a school to which the child is attending,

(b) childbirth or disease of the spouse of a policeman who is continuously taking care of the child, if the childbirth or illness makes it impossible for that spouse to exercise custody of the child,

(c) the spouse of a police officer who is continuously taking care of the child in the medical operator who performs the activities of providing stationary and 24-hour health care services.

3. Exemption from business activities due to the necessity of the personal care referred to in the mouth. In the case referred to in paragraph 2, points 3 and 5 shall be granted for a period of not more than 60 days in the calendar year and in the case referred to in paragraph 2. 2 points 4-for a period of not more than 14 days in a calendar year, the total periods shall not exceed 60 days in a calendar year.

4. Paragraph Recipe 3 shall apply regardless of the number of children and other family members requiring care.

5. If the medical exemption covers the period during which the police officer is exempted from the business activities due to:

(1) an accident which is in connection with the service,

2) disease arising in connection with specific properties or conditions of service,

3) accident on the way to the place of duty or on the way back from the service,

4) the disease accidentally during pregnancy,

5. to undergo the necessary medical examinations for candidates for donors of cells, tissues and organs and to undergo a procedure for the collection of cells, tissues and organs,

6) donations of blood or its ingredients in the organizational units of the public blood service or due to a medical examination of the blood donors,

7) [ 17] being observed in a medical body as a result of a referral by a medical committee

-he shall retain the right to 100% of the emoluments.

6. The right to 100% of emoluments shall also be entitled if the police officer has been exempted from official activities:

1) during the secondment to serve outside the State in the police quota referred to in art. 145a par. 1 points 1 to 3;

2) as a result of committing by another person a deliberate act prohibited in connection with the performance by a police officer of a business activity, found by a decision issued by a authorized body;

3) as a result of acts of a heroic character made in particularly dangerous conditions, with a demonstration of exceptional courage, with the exposure of life or health, in defence of the right, inviolability of national borders, life, property or safety of citizens.

7. The union of exemption from business activities with the actions referred to in paragraph. 6, point 3, states, by decision, the supervisor of the policeman.

8. From the decision referred to in paragraph. 7, a police officer shall be entitled to a higher supervisor.

Art. 121c. [ Medical Certificate] 1. The period of residence on sick leave shall state a medical certificate issued in accordance with the provisions of art. 55 of the Law of 25 June 1999. on social security benefits in the event of sickness and maternity, with the following:

1. where necessary medical examinations for candidates for donors of cells, tissues and organs, and inability to serve as a result of undergoing treatment of cells, tissues and organs, attestations issued by the a doctor on a regular print in accordance with the provision of art. 53 (1) 3 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity;

2) in the case referred to in art. 121b (1) 2 point 2-attestasof the public body of the public blood service;

3) in the case referred to in art. 121b (1) 2 point 5 (a) a-statement by the police officer;

4) in the cases referred to in art. 121b (1) 2 point 5 (a) b and c-a medical certificate issued by a doctor on a regular print;

5) in the case referred to in art. 6 para. 2 point 1 of the Act of 25 June 1999. for sickness and maternity cash benefits in the event of sickness and maternity, a decision issued by the competent authority or an eligible entity on the basis of the provisions on the prevention and control of infections and communicable diseases in humans.

2. In cases justified by the nature of the work carried out by the police officer, the period of his residence on sick leave shall be stated in a different manner than that specified in the paragraph. 1.

3. The Chief Commander of the Police shall determine, by order, with the provisions for the protection of classified information, the manner of determining the presence of a police officer, referred to in paragraph. 2.

Art. 121d. [ Duties of a policeman] 1. A police officer shall be obliged to provide the supervisor with the competent for the personal health certificate, the attestation of the public body of the blood service or the decision referred to in art. 121c par. 1 point 5, within 7 days from the date of their receipt.

2. A statement of the circumstances referred to in art. 121b (1) 2 point 5 (a), the police officer shall be obliged to submit to the superior competent for personal matters within 7 days of their date of existence.

3. In the event of failure to comply with the obligation referred to in paragraph. 1 or 2, absence in service during the period of residence on sick leave shall be deemed to be an unjustified absence, unless the failure to provide the certificate or the declaration is due to reasons beyond the control of the policeman.

Art. 121e. [ Audit] 1. The correctness of the decision on the temporary incapacity for service due to illness, the correctness of the use of the medical exemption, the fulfilment of the requirements of formal medical certificates and the statement of the policeman referred to in art. 121c par. 1 point 3, may be subject to control.

2. The control shall carry out:

1) medical committees subordinate to the minister competent for internal affairs, in the case of the regularity of the adjudication of the temporary incapacity for service by reason of the illness and the correctness of the use of the medical exemption;

2) a police officer responsible for personal matters-to the extent of the correctness of the use of medical dismissal and the fulfilment of the requirements of formal medical certificates and the statement of the police officer referred to in art. 121c par. 1 point 3.

3. If, as a result of checks, the incorrect use of a medical exemption is established, the police officer shall lose his entitlement to the salary for the entire period of exemption.

4. If, as a result of the inspection, it will be determined, that the statement of the police officer referred to in art. 121c par. In accordance with Article 1 (1) (3), the police officer shall lose the right to pay for the entire period of his dismissal.

5. If, as a result of checks, the medical committee determines the date of cessation of the incapacity for service earlier than the date of the medical certificate, the police officer shall lose the right to pay for the period from that date to the end of the exemption.

(6) If, as a result of checks, it is established that a medical exemption has been falsified, the police officer shall lose his entitlement to the emoluments for the entire period of exemption.

7. Control of the correctness of the use of medical exemptions is to determine whether a police officer during the period of the case incapacity, including the exercise of personal custody of the child or any other member of the family, does not make use of the exemption in a way that is not consistent with its purpose, and in particular whether it does not make a gainful job.

8. Control of the statement of the policeman referred to in art. 121c par. Article 1 (3) is to determine whether there has been an unforeseen closure of a nursery, a kindergarten or a school to which a child of a police officer is attending.

9. The control of the correctness of the use of the medical exemption and the statement of the police officer referred to in art. 121c par. 1 point 3, shall be carried out by a person authorised by the officer of the police officer.

(10) In the event of a finding in the course of a check that a police officer performs a gainful employment or uses a medical exemption otherwise incompatible with his or her purpose, the person responsible shall draw up a protocol in which he/she shall state the incorrect the use of the medical exemption.

11. In the event of a finding in the course of the audit, that the statement of the police officer referred to in art. 121c par. In accordance with Article 1 (1), the inspection person shall draw up a protocol.

12. The protocol shall be presented to the police officer in order to make possible observations. The provision of the police officer's comments shall be confirmed by the signature of the police officer.

(13) On the basis of the findings of the minutes, the supervisor shall state the loss of the entitlement to the emoluments for the period referred to in paragraph 1. 3 or 4. The provision shall apply mutatis mutandis in the case of a notification by a medical committee to the minister competent for internal affairs as a result of the review by that committee of irregularities in the use of the medical exemption.

14. From the decision referred to in paragraph. 13, the police officer serves a reference to the superior superior.

15. Control of the requirements of formal medical certificates consists in checking whether the certificate:

1) has not been falsified;

2) has been issued in accordance with the rules on the rules and mode of issuing medical certificates.

16. If, as a result of the checks referred to in paragraph 1, In accordance with Article 15 (1), there is a suspicion that a medical certificate has been falsified, and it is submitted to the doctor who has issued a medical certificate to clarify the case.

17. In the event of a suspicion that a medical certificate has been issued not in accordance with the rules on the rules and mode of issuing medical certificates, the supervisor requests an explanation of the case to the field organisational unit of the Insurance Institution Social.

Art. 121f. [ Calculation of emoluments] 1. The basis of the emoluments referred to in art. 121b, shall constitute a basic salary, including permanent appendices, due to the police officer in the last business position, taking into account the changes in that period which affect the entitlement to the emoluments and other charges or their height.

2. When calculating the salary for a period of residence on sick leave, it shall be accepted that the salary for one day of residence on sick leave shall be 1/30 of the salary referred to in Article 3. 121b.

3. Where a police officer has already taken a salary for the period during which he has been on a medical release, he shall be treated with the appropriate portion of the salary at the earliest possible payment.

4. A police officer who has been on a medical release in the last month of service shall be subject to the appropriate part of his salary from his discharge from the service or the police officer shall pay the appropriate portion of his salary in the form of a certificate of his or her salary. the date of termination of the business relationship.

Art. 121g. [ Measures taken for the reduction of police officers ' salaries during the period of residence on sick leave] 1. The financial resources resulting from the reduction of the salaries of police officers during the period of residence on sick leave shall be allocated in full to the awards for the performance of official duties in the substitution of police officers on medical redundancies.

2. The financial resources referred to in paragraph 2. 1, increase the prize fund and help for policemen.

3. Chapter of the financial resources referred to in paragraph. 1, takes place at the end of the settlement period, lasting not less than one calendar month and no longer than 3 calendar months, with the choice of the clearing period dependent on the size of the financial resources obtained from the title reduction of police officers ' emoluments.

Art. 121h. [ Establishing Benefits Assessment Basis] The reduction of basic salary together with allowances of a permanent nature for the period of residence on sick leave shall not be taken into account for the determination of the basis of the benefits referred to in Article 4 (1). 108 (1) 1 points 1, 3 and 6 and paragraph. 2 (2) and Article 2 117.

Art. 121i. [ Annual summary of the reasons for the presence of police officers on medical redundancies] 1. The Chief of Police Chief shall draw up an annual summary of the reasons for the presence of police officers on medical dismissals, which shall be transmitted to the Minister responsible for internal affairs by the end of March of the following year.

2. In the list referred to in paragraph. 1, an indication of the total period of the police officers ' residence on medical exemptions, taking into account the distribution of the reasons set out in the Article. 121b (1) 2, 5 and 6, and the average residence period of a police officer, including the average annual number of hours of non-performance of duties by a police officer.

3. The Minister responsible for the internal affairs shall determine, by means of a regulation, the model of the statement referred to in paragraph 1. 1, bearing in mind the need to ensure transparency of the information contained in the compilation.

Article 122. [ The right to exercise the emoluments of a police officer addressed to training or to study] 1. A police officer directed to a school or for training or to study in the country receives salary and other monetary charges.

2. The Minister responsible for internal affairs shall determine, by means of the Regulation, the amount and the rules for receiving the salaries and other duties referred to in paragraph 1. 1, having regard to the cases entitling the police officer to the school or to training or to study in the country to receive the salary, and the method of calculating the flat-rate cash equivalent to cover the costs of the journey, and rules for the accounting of business travel related to the course of the study.

3. The Minister responsible for internal affairs, in agreement with the Minister responsible for public finance and the minister competent for the work, will determine, by way of regulation, the amount of salaries and other monetary charges of the policeman directed at the academy or other schools (for courses) abroad, taking into account the conditions of their receipt and the manner and timing of their disbursions.

Art. 122a. [ Application of provisions concerning Polish diplomatic representations] Only provisions concerning employees shall be applied to the police officer seconded to the function of liaison officer in the Polish diplomatic representations in respect of the right to emoluments and other benefits and cash receivables. Polish diplomatic representations.

Article 123. [ Retrieval by a police officer of the remuneration foreseen for the persons occupying the management positions of the State] 1. In the event of a police officer's collection of the remuneration provided by the provisions on the remuneration of persons occupying the managerial positions, the policeman and members of his family shall be entitled to benefits and pecuniary claims for the service, as set out in this Act, with the exception of the claims referred to in Article 72.

2. Benefits and monetary claims referred to in paragraph. 1 shall be paid at the level established, taking into account the salary payable to the police officer in the last official position or at the rate applying on the day of release from the service or on the day of his death.

Article 124. [ Height of the emoluments entitled to a suspended police officer] 1. A police officer suspended in a business activity shall be suspended from the nearest payment deadline 50% of the last salary due.

2. Upon termination of the criminal or disciplinary proceedings, the reason for suspension in official duties, the police officer shall receive a suspended part of the emoluments and the mandatory increases introduced during the period of suspension, if he has not been convicted a final judgment or punishable sentence for the expulsion of the expulsion.

Article 125. [ Height of the emoluments entitled to a police officer temporarily arrested] 1. The temporarily arrested policeman shall be suspended from the nearest payment deadline of 50% of the last payment due.

2. In the event of cancellation of the criminal proceedings or the acquittal of the final judgment, the police officer shall receive the suspended part of the salary and the compulsory increase of the salary, introduced during the period of probation, even redemption or acquittal occurred after the police officer was released, subject to the provisions of the paragraph. 3.

3. The provision of the paragraph. 2 shall not apply where the criminal proceedings have been waived by way of statute of limitations or amnesty, and in the event of conditional remission of criminal proceedings.

Article 126. [ Suspension of the emoluments of a police officer who is an arbitrator who leaves the place of duty.] 1. A police officer who has either exited or remains outside the service seat shall suspend the salary from the nearest payment deadline. If the police officer has already taken an unjustifiable salary for the time of his/her absence, the appropriate part of the emoluments shall be met at the nearest payment.

2. In the event of the recognition of the absence as justified, the officer shall be paid the suspended salary; in the absence of an unjustified police officer loses for each day of the absence of 1/30 part of the monthly salary.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis in the event of the police officer's failure to comply with his official duties.

4. A police officer who starts a holiday free of charge during a calendar month shall be entitled to a salary of 1/30 of monthly salary for each day preceding the day of commencement of the free leave. If a police officer has already taken a salary for the period of unpaid leave, the appropriate part of the salary shall be paid to him at the earliest payment.

Article 127. [ Deductions] 1. From the emoluments of a police officer may be made by offsetting within the limits and under the rules laid down in the labour laws and other special provisions applicable to remuneration for work, if the provisions of this Act do not otherwise provide.

2. By the salary referred to in paragraph 2. 1, the emoluments referred to in Article 1 shall be understood. 100, the redundancies for exemption from the service and the benefits listed in Article 4 (1) of the Regulation. 112 and 117, subject to paragraph. 3.

3. Dismissal for exemption from the service shall be subject to enforcement only for the satisfaction of overdue maintenance, taking into account the restrictions resulting from the mouth. 1.

Article 128. [ Disable] Article Article 127 par. 1 and 2 shall not apply to advances to be charged to the clearing and, in particular, for travel expenses, missions and transfers. These receivables shall be deducted from the full amount of the salary, irrespective of the deductions from other titles.

Article 129. [ Consultation of police officers ' union] Powers provided for in Article 12, art. 101 (1) 2, art. 102, art. 104 (1) 6, art. 105 (1) 3, art. 110 (1) 1, art. 112 (1) 1, art. 113 and Art. 120 (1) 2. The minister responsible for internal affairs shall perform after consulting the police of the police officers.

Article 130. (repealed).

Article 131. [ Application of provisions concerning police officers in the preparatory service] 1. The provisions of Chapters 7 to 9 of this Act concerning police officers in the preparatory service shall also apply to policemen in the service of the candidate, with the exception of the provisions of art. 88 ust. 2 and Art. 115 (1) 4.

2. Paragraph Recipe 1 shall apply mutatis mutandis to policemen in the contract service.

Chapter 10

Disciplinary and criminal liability of policemen

Article 132. [ Grounds for Disciplinary Liability of a police officer] 1. The police officer shall be liable to disciplinary action for committing disciplinary action involving the violation of professional discipline or failure to comply with the rules of professional ethics.

2. Violation of professional discipline constitutes an act of a police officer consisting of a failed exceeding of the powers or failure to perform the obligations under the provisions of law or orders and orders issued by superiors entitled under those provisions.

3. The violation of official discipline shall in particular:

1) refusal to execute or failure to execute the order or command of the superiors, or the authority entitled under the Act to issue instructions to the police officers, excluding the orders and commands referred to in art. 58 par. 2;

2) omisoness of a business activity, or execution of it in an abnormal manner;

3) failure to comply with official duties or exceeding the powers laid down in the law;

4) misleading a superior or other policeman, if this has caused or may have caused damage to the service, to a police officer or to another person;

5) the conduct of the supervisor in a manner which contributes to the loosening of the professional discipline in the subordinate business unit or the Police organisational cell;

6. to become a member of the service in the state after the use of alcohol or a similar working measure and the consumption of alcohol or a similar working agent during the service or in facilities or in areas occupied by the Police;

7) loss of professional firearms, ammunition or service cards;

(8) the loss of an item of official equipment, the use of which by unauthorised persons has caused damage to the citizen or has created a threat to public policy or to the security of the general public;

9) loss of material containing classified information.

4. The act of disciplinary action, which is a subject of a criminal offence or a criminal offence or a tax offence, shall be liable to disciplinary action, irrespective of any criminal liability.

4a. In the case of an act constituting a disciplinary rewinding, at the same time fulfilling the marks of a misdemeanor, in the event of a lesser gravity or a fine punishment, the disciplinary supervisor may not initiate disciplinary proceedings and the remission of the remission.

4b. In the case of an act providing for disciplinary reasons, a minor disciplinary supervisor may refrain from initiating the procedure and carry out a disciplinary notice with the perpetrator of the disciplinary document in the form of a note.

4c. The notepad referred to in paragraph. 4b, shall be included in the personal file for the period of the year.

Art 132a. [ Guilty of Disciplinary Scrolling] A disciplinary rewinding shall be made when a police officer:

1) he intends to commit him, that is he wishes to commit them or by providing for the possibility of his committing, for that to happen;

2. having no intention of committing it, however, commits it as a result of the disrespect required under the circumstances, although such a possibility may or may have foreseen and should have foreseen.

Article 132b. [ Stadiums of Disciplinary Stages] 1. A policeman shall be liable to disciplinary action if he commits disciplinary rewinding himself or jointly or in agreement with another person, and in the case when he is directing the commission by another police officer of disciplinary rewinding.

2. A police officer shall also be liable to disciplinary action in the event that he or she is urging another police officer to commit disciplinary action or to facilitate his or her committing.

3. Each of the police officers referred to in the mouth. 1 and 2, shall be liable within the limits of his or her fault, irrespective of the responsibility of the other persons

Article 133. [ Disciplinary manager] 1. The disciplinary postponed shall be the supervisor referred to in art. 32 par. 1, subject to paragraph. 2 and 3. The same disciplinary authority shall be held by a police officer entrusted with the duties of a service as referred to in Article 4. 32 par. 1.

2. A disciplinary officer of a seconded temporary duty officer, or who has been entrusted with the duties of professional training, or has been assigned to a vocational training, studies at the University of Police or a course of professional training in the a police school or a police training centre shall be a disciplinary supervisor at the place of duty, training or instruction, excluding the possibility of sentencing the penalties laid down in Article 4. 134 points 3-6, which the supervisor referred to in art. 32 par. 1.

3. A disciplinary police officer who is seconded to duty outside the State shall be the commander of a police contingent in which the police officer shall be in service, with the exception of the possibility of adjudicating the penalties laid down in the Article. 134 points 3-6, which the supervisor referred to in art. 32 par. 1.

4. In the event of the transfer of a police officer to serve in the other organisational unit of the Police and the related change of the property of the disciplinary supervisor, the disciplinary proceedings brought against the policeman takes over and adjudicates in the first a new disciplinary supervisor.

5. A seconded police officer seconded to the Police shall be subject to the disciplinary authority of the superior referred to in Article 5. 32 par. 1.

6. The disciplinary supervisor may in writing authorise his deputies or other policemen from the Police Department of the Police to arrange for disciplinary matters on his behalf within a set range.

7. Doubts concerning the determination of the jurisdiction of the superior in disciplinary matters shall be resolved by a higher disciplinary supervisor by way of order.

8. Higher disciplinary superiors in disciplinary proceedings shall be:

1) Commandant of Police Voivodship-in relation to the district commandant (urban) Police;

2) The Metropolitan Police Commander-in relation to the district commandant (urban) and district police;

3) Chief of Police Chief-in relation to Komendanta CBPA, Commandant of the Provincial Police, Commandant of the Metropolitan Police, Police Commandant and Police contingent commanders.

Article 134. [ Disciplinary penalties] The disciplinary penalties shall be:

1. nagana;

2) a ban on leaving the designated place of residence;

3) a warning about the unfull fitness for the service in the position taken;

4) designation for a lower business position;

5) lower degree;

6) expulsion from the service.

Art. 134a. [ Nagano] The reprimand penalty means an extrusion punished by the superior of the disciplinary wrongdoing.

Article 134b. [ Prohibition to leave the designated place of residence] 1. The penalty of the ban on leaving the designated place of residence means the prohibition of leaving the designated place of residence by the punished serving in the skillfully grounded system. The penalty shall be given for a period of between 3 and 14 days.

2. At the time of the sentence of the prohibition of leaving the designated place of residence, the punished shall be:

1) to stay in the Police Department of the Police in which he or she is in service, or any other place designated by the Superior, during his free time;

2) to report to the supervisor or any other indicated policeman at specified intervals, but not more often than four times a day.

Article 134c. [ Warning of unfit in occupy position] The penalty of a warning of unfull suitability in the position of a post shall mean an stamping of the wrongful misconduct and prejudice that, if a disciplinary rewinding is made, it may be appointed for a lower official position in the disciplinary or punitive punitive disciplinary procedures.

Article 134d. [ Appointment to lower business position] 1. The penalty of appointment to a lower office shall mean an appeal or an exemption from hitherto held position and appointment or appointment to a post office lower than that which hitherto been occupied. The limitation of the appointment of a lower business position shall result in the loss of the powers referred to in Article 4. 6e par. 3 and art. 103 (1) 2.

2. Before the penalty of the appointment of a lower official position, the police officer shall not be appointed or appointed for a higher duty.

Art. 134e. [ Degree Reduction] 1. A penalty reduction shall mean a reduction in the degree of police.

2. A penalty of a reduction shall be measured only in addition to the penalty of the appointment of a lower official position or of the sentence of expulsion from the service.

Article 134f. [ Excretion from service] The expulsion penalty shall mean an exemption from the Police Service.

Article 134g. [ Prohibition of several disciplinary penalties] 1. Only one disciplinary penalty may be measured for a disciplinary rewinding.

2. For the commission of several disciplinary rewinding, one disciplinary penalty may be traced, respectively, to the stricter.

3. The provisions of the paragraph. 1 and 2 shall apply subject to Article 3. 134e para. 2.

Art. 134h. [ Punishment rules] 1. The measured penalty should be commensorate to the committed disciplinary and degree of envy, in particular it should take into account the circumstances of committing the disciplinary, its effects, including the aftermath for the service, the type and the degree of non-compliance with the obligations, the wakeup of action, the conduct of the disciplinary action before and after the commission has been committed and the course of the service so far.

2. The exacerbation of the penalty shall be influenced by the following circumstances of the disciplinary rewinding:

1) an action of motivation deserving of particular condemnation or in the state after the use of alcohol or other similarly acting means;

2) committing disciplinary action by a police officer prior to the dismissation of the disciplinary penalty against him;

3) serious repercussions of disciplinary action, in particular the significant disruption of the performance of the Police tasks or the violation of the good name of the Police;

4) act in the presence of the submaster, jointly with him or at his or her injury.

3. On the easing of the penalty dimension, the following circumstances of the disciplinary rewinding are affected:

1) the inadvertence of his committment;

2) taking a policeman's efforts to reduce its effects;

3) lack of sound professional experience or sufficient professional skills;

4) voluntarily informing the disciplinary supervisor of the commission of disciplinary action prior to the initiation of disciplinary proceedings.

4. The disciplinary supervisor shall take into account the circumstances referred to in paragraph 1. 1-3, only in relation to the policeman they concern.

Article 134i. [ Initiation of disciplinary proceedings] 1. A disciplinary supervisor, if there is a reasonable presuming of a police officer to commit a disciplinary action:

1. Disciplinary proceedings shall be initiated:

(a) on its own initiative,

(b) at the request of a direct superior officer,

c) at the command of a higher supervisor,

(d) at the request of the court or prosecutor

2) may initiate disciplinary proceedings at the request of the victim.

2. A higher disciplinary supervisor may initiate or take charge of disciplinary proceedings before the decision is given, if it is necessary in his assessment on the nature of the case.

3. In the case referred to in paragraph. 1 point 1 lit. d and point 2, the disciplinary supervisor shall inform the court or prosecutor or the victim of the opening of disciplinary proceedings, as appropriate, and the outcome of the proceedings, by sending a copy of the decision or order issued. The material provided by the court, prosecutor or victim of the victim shall be included in the act of disciplinary action.

4. If there are doubts as to the commission of a disciplinary or legal qualification or of the identity of the perpetrator, the disciplinary supervisor shall arrange for the disciplinary action to be carried out before the disciplinary procedure is initiated. These steps shall be completed within 30 days.

(5) A disciplinary procedure shall be initiated on the date of the decision to open disciplinary proceedings. A police officer for whom a disciplinary procedure has been issued shall be deemed to have been blamed.

6. The reopening of disciplinary proceedings shall include:

1. designation of a disciplinary supervisor;

2. date of issue of the order;

3. degree, first name and surname and position of the blamed;

4) a description of the disciplinary rewinding of the accused blamed with his legal qualification;

5) the reasons for the factual allegations of the disciplinary scrolling;

6) the designation of the disciplinary spokesperson conducting the proceedings;

7) signature with indication of the degree, first name and surname of the disciplinary supervisor;

(8) instruction on the powers conferred on the Commission during the disciplinary procedure.

Article 135. [ Refusal of Disciplinary Proceedings] 1. Disciplinary proceedings shall not be initiated and the umber initiated:

1. if the Explanatory Actions have not confirmed the existence of a disciplinary rewinding;

2) after the expiry of the time limits specified in the paragraph. 4 and 5;

3) in the event of death of a policeman;

(4) if a final disciplinary decision has been made in the same case or disciplinary action is pending.

2. The decision to refuse to open disciplinary proceedings and the decision to dismiss disciplinary proceedings shall be served on the victim, if he has filed a request for disciplinary action. In order to refuse to open disciplinary proceedings and to decide on the remission of such proceedings, the victims may lodge a complaint or an appeal accordingly within seven days of the date on which they are served.

3. disciplinary proceedings shall not be initiated after 90 days from the day of the postponement of the disciplinary message of the committing of disciplinary action.

4. A disciplinary measure shall not be measured after the end of the year from the date of committing the disciplinary action. The suspension of disciplinary proceedings shall suspend the course of that time limit.

5. If the disciplinary action is an act containing simultaneously the marks of a criminal offence or a criminal offence or a treasury offence, the expiry of the period specified in the paragraph shall be the case. 4 may not occur earlier than the limitation periods for the criminality of such offences or offences.

6. In the case of a decision to punish in the first instance before the end of the year from the date of the opening of the disciplinary proceedings, the proceedings shall be deemed to have been completed with the expiry of the time limit for bringing an appeal, and if the appeal is filed, with the moment a decision by a higher disciplinary supervisor.

Art. 135a. [ Disciplinary spokesperson] 1. Disciplinary proceedings and the explanatory acts referred to in art. 134i ust. 4, he conducts a disciplinary spokesman.

2. The disciplinary supervisor shall appoint disciplinary ombudsmen for a period of 4 years from among police officers in the service of a permanent service.

3. The disciplinary supervisor for disciplinary action and the explanatory acts referred to in art. 134i ust. 4, appoint a disciplinary spokesperson to the extent of:

1) at least a younger aspirant, if the proceedings are to involve a policeman holding a degree in the ranks of the ranks, the subofficers or aspirants;

(2) at least the sub-commissioner, if the proceedings are to involve a police officer with the degree of subcommissioner, commissioner or supercommissioner or policeman with the degree referred to in point 1;

3) at least the sub-inspector, if the proceedings are to involve a police officer holding a degree of subinspector or higher or a policeman with the degree referred to in point 2.

Art. 135b. [ Appeal of the Disciplinary Officer] 1. The disciplinary supervisor shall refer the disciplinary officer in the cases:

1) the existence of circumstances which form the basis for the dismissal of him from the service in the Police;

2) to punish him with a disciplinary penalty;

3) transfer it to another organisational unit of the Police not directly responsible to the Disciplinary Supervisor.

2. A disciplinary officer, with the consent of the disciplinary superior, may avail himself of the assistance of another disciplinary officer in carrying out the evidentiary activity.

Art. 135c. [ Grounds for exclusion from the proceedings of a disciplinary supervisor or a disciplinary officer] 1. A disciplinary supervisor or a disciplinary spokesperson shall be exempted from participation in disciplinary proceedings if:

1. the case shall be directly related to him;

2) is a spouse, a relative or a duty to be blamed or a person wronged by him within the meaning of the provisions of the Code of Criminal Procedure;

3) witnessed the act;

4) between him and the blamed or an injured person, there is a personal relationship which may give rise to doubts as to his impartiality.

2. A disciplinary and disciplinary hearing may be excluded from participation in disciplinary proceedings for other legitimate reasons.

3. On the circumstances justifying the exclusion from participation in the disciplinary proceedings, the disciplinary supervisor and the disciplinary officer shall immediately inform the senior disciplinary officer and the disciplinary supervisor respectively.

4. The exclusion of a disciplinary supervisor and a disciplinary spokesperson from participation in disciplinary proceedings may take place also at the request of the blamed or his/her defense counsel, if he is established.

5. The disciplinary supervisor shall issue a decision to exclude or refuse to exclude a disciplinary officer from participation in disciplinary proceedings.

6. A higher disciplinary supervisor shall issue a decision to exclude or refuse to exclude a disciplinary supervisor from participation in disciplinary proceedings.

Art. 135d. [ Takeover of the proceedings by a senior disciplinary supervisor] 1. In the event of the exclusion of the disciplinary supervisor from participation in disciplinary proceedings under the Art. 135c ust. 1 and 2, disciplinary proceedings shall be taken over by a higher disciplinary supervisor or nominated by a disciplinary officer of the equivalent unit of the Police Department.

2. In the event of exclusion of the Commandant of the Main Police from participation in disciplinary proceedings on the basis of art. 135c ust. 1 and 2, disciplinary action takes over one of his deputies.

3. In the case of the exclusion of a disciplinary officer from participation in disciplinary proceedings pursuant to art. 135c ust. 1 and 2, disciplinary proceedings shall be taken to the conduct of another appointed disciplinary spokesperson.

4. Until the manager has issued a disciplinary decision, the disciplinary spokesperson shall only take urgent steps.

Art. 135e. [ Tasks of the Disciplinary Officer] 1. A disciplinary spokesman shall collect the evidence and take the necessary steps to clarify the case. In particular, he interrogates witnesses, blamed, accepts explanations from him, makes a visual inspection. These tasks shall be drawn up by protocols. The disciplinary action may also be carried out by a spokesperson.

2. From activities other than those mentioned in paragraph. A protocol shall be drawn up where the special provision so requires, or a disciplinary supervisor or a disciplinary spokesperson considers it necessary. In other cases, it may be restricted to drawing up the official note.

3. The protocol shall contain:

1) the designation of the activity, its time and place, the persons participating in it or the present and the nature of their participation;

2) a description of the course of action

3. where necessary:

(a) a statement of other circumstances concerning the course of

(b) the statements and conclusions of the participants,

(c) instruction on entitlement and duties.

4. Explanatory explanations, testimonies, statements and conclusions and statements of particular circumstances by a disciplinary spokesperson or head of the Police Department of Police referred to in paragraph 8, it shall be recorded in a protocol with possible accuracy, and persons taking part in the task shall have the right to request storage in a protocol with full accuracy of all that concerns their rights and interests.

5. The persons taking part in the activity from which the protocol is drawn up, as well as the persons present, having become acquainted with the content of the protocol, shall sign each of its pages. Denial of the protocol and refusal or no signature of any person shall be discussed in the Protocol.

6. A disciplinary officer in the course of proceedings shall issue provisions if their issue is not reserved to the property of a disciplinary supervisor.

7. The order issued in the course of proceedings, with the exception of the order of initiation of disciplinary proceedings, should include:

1) an indication of the issuing of a disciplinary spokesman or disciplinary supervisor;

2. date of issue of the order;

3) the legal basis for issuing the provision;

4. degree, first name and surname and position of the blamed;

5) resolution;

6) factual and legal justification;

7) instructing whether and in what mode the right to lodge a complaint is entitled;

(8) signature, giving the degree, first name and surname of the issuing provision.

8. In case of necessity of carrying out an activity outside the locality in which disciplinary proceedings are pending, the disciplinary supervisor may request them to be carried out to the manager of the organisational unit of the Police competent according to the place where the task is to be made.

9. If an act which is the subject of a disciplinary procedure is or has been the subject of other proceedings, in this preparatory proceedings, a disciplinary supervisor may request the competent authority to make the act of such proceedings available in the whole or in part. With the agreement of that authority, the necessary write-offs or extracts from the records made available shall be included in the act of disciplinary action.

10. If the collected evidence justifies it, the disciplinary supervisor shall issue a decision to amend or supplement the pleas.

Art. 135f. [ Privileges of the Disciplinary Proceedings] 1. In the course of disciplinary proceedings the blamed shall have the right to:

1) refusal to provide explanations;

2) the reporting of evidentiary applications;

3) review the file of disciplinary proceedings and the drawing up of notes, subject to the paragraph. 2;

4) (lost power);

(4a) the establishment of a lawyer who may be a police officer, lawyer or legal adviser;

5) to contribute to the supervisor of the disciplinary complaint of the provisions issued in the course of proceedings by a disciplinary spokesperson, within 3 days from the date of service and in the cases indicated in the Act; from the provisions issued by the supervisor A disciplinary complaint shall be entitled to a higher disciplinary supervisor, subject to Article 4 (1). 135k ust. 4.

2. A disciplinary spokesperson may, by way of order, refuse to release the file if the good of the disciplinary action is opposed. The order shall be entitled to a complaint.

3. The establishment of the defender entitles him to act throughout the disciplinary proceedings, without excluding the act after the decision has been legitimised, if there are no restrictions. The amendment of the scope of the power of attorney for disciplinary action or of the revocation of a disciplinary action shall be notified without delay to the defender and to the disciplinary officer.

4. The defender shall not take action to the disadvantage of the blamed. He may resign from representing the disciplinary action blamed in the course of the proceedings, and shall inform the Disciplinary Officer and the Disciplinary Officer. Until a new defender is established, but not more than 14 days from the date of notification of the blamed, the defender shall be obliged to take the necessary acts.

5. The participation of the defense counsel in the disciplinary proceedings shall not exclude the personal activity in it of the blamed.

6. The decisions, orders, notices and other letters, issued in the course of disciplinary proceedings, shall be served on the blamed and defender, if it is established. In the event of service of the blamed and defender of the various dates of the letter from which the appeal or complaint is made, the time limit for lodging an appeal or complaint shall be counted from the date of service which took place before that date.

7. An evidentiary request shall be notified in writing to a disciplinary spokesperson who shall decide whether or not to take account of the application or refuse, by means of an order, to take account of the request, if:

1) the circumstance to be proven does not matter for the resolution of the case or it is already proven in accordance with the applicant's claim;

(2) the evidence is unsuitable for the purpose of determining the circumstances concerned or cannot be carried out;

3) carrying out the proof is contrary to the law.

(8) In order to disregard the application of the evidence, the complaint shall be entitled to a complaint.

9. The unjustified absence of the service, the dismissal of the service due to illness and the unjustifiable instability on the call of the Disciplinary Officer shall not stop the course of disciplinary action, and the operations in which the intended participation is intended shall not be carried out or shall be carried out at the place of his/her stay.

10. Participation in evidentiary activities and familiarial with the acts of disciplinary proceedings of the manned exempt from the official activities due to illness requires the consent of the doctor, who has ruled the time of the incapacity of the manned to the service. If you are not able to contact your doctor or if you change your doctor, your doctor will be able to give you a doctor who is currently treating you and a doctor who has the same speciality in the following.

Art. 135g. [ Presumption of innocence of the blamed] 1. The disciplinary supervisor and the disciplinary spokesperson shall be obliged to examine and take into account the circumstances in both the benefit and the disadvantage of the blunted.

2. The guilty person shall be deemed not guilty until his guilt is proved and found to be a final judgment. The unreasonable doubt resolves to the benefit of the blamed.

Art. 135h. [ Deadline for the termination of evidence] 1. Evidence in disciplinary proceedings should be completed within one month from the date of the opening of the proceedings. A higher disciplinary supervisor may, by way of provision, extend the period of evidence to be carried out up to 2 months.

2. The Chief Commander of the Police, by way of order, may extend the deadline for conducting the evidentiary activity for a period of more than 2 months.

3. The disciplinary supervisor may suspend disciplinary proceedings on the grounds of the existence of a long-standing obstacle preventing the conduct of proceedings. The decision to suspend disciplinary proceedings shall be entitled to a complaint within 7 days from the date of service of the order. If a disciplinary action has been initiated on the initiative of the victim, the complaint may also be submitted to the victim.

4. The disciplinary supervisor shall issue a decision to take suspended disciplinary proceedings after the cessation of the impediment referred to in the paragraph. 3.

Art. 135i. [ Cognitive of the case of disciplinary proceedings] 1. A disciplinary spokesperson, after carrying out the evidence and recognition that all relevant circumstances of the case have been clarified, familiarized with the acts of disciplinary action.

2. The defender may become acquainted with the acts of disciplinary proceedings referred to in the paragraph. 1, not later than the date of familiarized with those acts.

3. A protocol shall be drawn up from the acts of familiarying with the acts of disciplinary action.

(4) Refusal to acquaze the acts of the proceedings or of the signature of that circumstance shall not withhold the proceedings. The disciplinary officer shall mention the refusal in the file.

5. The subject shall have the right within 3 days from the day of familiarized with the acts of disciplinary proceedings to submit a request for their addendum. An order for refusal of replenishment of an act of disciplinary action by a disciplinary spokesperson shall be used for the lodging of a complaint.

6. The subject shall have the right within 3 days from the day of familiarizing with the supplemented acts of disciplinary proceedings to submit a request for their addendum to the extent resulting from the performed evidence supporting the files of this proceedings.

7. The disciplinary officer shall, after hearing the disciplinary action of the file, issue an order for the completion of the evidence and shall draw up a report which:

1) indicate the operator of the proceedings and the superior to the disciplinary officer who issued the order to open disciplinary proceedings;

2) indicate the blamed and determine the alleged disciplinary rewinding, with a description of the facts established on the basis of the evidence collected;

3) present the conclusions on the acquittal, the withdrawal from punishment or the retribution of the sentence or the remission of the proceedings.

Art. 135j. [ Edition of the decision] 1. On the basis of the assessment collected in the disciplinary proceedings of the evidence, the disciplinary supervisor shall issue the decision on:

1) acquitted, or

2. withdrawal from punishment, or

3) punishing, or

4) remission of proceedings.

2. The decision shall include:

1. designation of a disciplinary supervisor;

2) the date of the judgment;

3. degree, first name and surname and position of the blamed;

4) a description of the enrolment of the disciplinary allegation blamed with the legal qualification;

5) the settlement of the acquittal, the statement of guilt and the waiver of the punishment or extinction of the disciplinary penalty or the dismissal of disciplinary proceedings;

6) the factual and legal justification of the decision;

7) instructing the law, the time limit and the mode of lodging the appeal;

8) signature, with an indication of the degree, first name and surname of the disciplinary supervisor, and the stamp of the Police Department.

3. The disciplinary supervisor shall repeal the provision referred to in art. 135i ust. 7, and forward the case file to the Disciplinary Spokesperson to be completed, where it is found that all the circumstances of the case have not been clarified.

4. The disciplinary supervisor shall render disciplinary proceedings in the cases referred to in art. 135 par. 1, or when it became unconcerned for a different reason.

5. The disciplinary supervisor may depart from punishment if the degree of guilt or the degree of negligence of disciplinary rewinding for the service is not significant, and the property and personal conditions of the policeman and the past course of the service justify the assumption that, despite the withdrawal from the penalty, he will observe the discipline of the service and the rules of professional ethics.

6. The judgment referred to in paragraph. 1, together with the explanatory memorandum, shall be made in writing no later than 14 days from the date of issue of the order of completion of the evidence.

7. The judgment referred to in paragraph. 1, shall be delivered immediately to the blamed.

8. If the disciplinary supervisor referred to in art is concerned 133 (1) 2 and 3, it considers that a disciplinary penalty should be imposed to which it is not entitled, the application in this case, together with the acts of disciplinary action, shall be sent to the disciplinary authority of the person entitled to impose the penalty.

9. In the case of the intention to exchange the sentence of expulsion from the service in the Police Superior Court, before the issuance of a disciplinary decision, calls on the subject of the report to be heard in order to hear it. A disciplinary spokesperson shall participate in the report. The management board of the competent professional union of police officers shall be notified of the date of the report. The representative of the Management Board may participate in the report, unless the person concerned does not agree to this. A report shall be served on the blamed report in sufficient time to enable it to become acquainted with the report before the report.

10. The provision of the paragraph. 9 shall not apply in the case of:

1) temporary arrest of the blamed;

2) refusal to be blamed on the report or an unjustified absence within the prescribed period of the report;

3) the existence of another obstacle preventing the blamed from being made to the report within 14 days from the date of service of the order of completion of the evidence.

Art. 135k. [ Two-instancency of the procedure] 1. The disciplinary procedure shall be two-instants. A decision of the first instance shall be appealed against within 7 days from the date of service of the decision.

2. The appeal shall consist of a senior disciplinary supervisor through the supervisor who issued the ruling at the first instance.

3. A higher disciplinary supervisor shall refuse to accept the appeal, by way of order, if it has been filed after the deadline or by a person not entitled or is inadmissible. The order in this case is final.

4. If the decision or order in the first instance has issued the Chief Congressional Police, the appeal or complaint shall not be entitled. However, the blamed may, within the time limit referred to in paragraph 1, be subject to the 1, request the Commandant of the Police Chief to reconsider the case; the application of this application shall be subject to the provisions on appeals against decisions.

Art. 135l. [ Appeals procedure] (1) In the appeal proceedings, the case shall be based on the facts established in the disciplinary procedure. If this is necessary for the correct adoption of the decision, a higher disciplinary supervisor may supplement the evidence by instructing the disciplinary officer conducting the disciplinary proceedings to carry out the evidence, specifying the evidence to be carried out by the disciplinary officer responsible for the conduct of the evidence. scope.

2. With materials obtained as a result of the evidentiary acts referred to in paragraph. 1, a disciplinary spokesperson shall acquabe the blamed. Within 3 days of the day of the acquittal, he shall have the right to notify the senior disciplinary officer referred to in paragraph 1. 1, observations on the evidence that has been carried out. The provisions of Article 4 135i ust. 1-4 shall apply mutatis mutandis.

Art. 135m. [ Commission to investigate the judgment under appeal] 1. A higher disciplinary supervisor shall, within 7 days from the date on which the appeal is lodged, may appoint a committee to examine the judgment under appeal, hereinafter referred to as the "committee", in the event of an appeal against the punishment referred to in Article 3. 134 points 4 to 6, a higher disciplinary supervisor is required to appoint a committee.

2. The Commission shall consist of three officers in the fixed service, two of which shall appoint a higher disciplinary supervisor, and one competent administration of the provincial trade union of police officers, subject to the paragraph. 3.

3. The appointment of a representative of a trade union to the composition of the commission chairman of the board of the voivodship union of police officers shall notify the higher of the disciplinary supervisor within 3 days from the date of receipt of the notice of appointment Committee. In the event of failure to appoint a representative of a trade union, the third member of the committee shall appoint a higher disciplinary supervisor.

4. A higher disciplinary supervisor shall appoint a chairperson from among the members of the committee.

5. Rules of Art. 135c ust. 1-3 shall apply mutatis mutandis to the members of the committee.

6. The Commission may hear a disciplinary hearing, blamed or defended.

7. Non-residences duly notified: a disciplinary spokesman, the blamed or his defense counsel shall not stop the recognition of the case.

8. The Commission may request a higher disciplinary supervisor to supplement the evidence in art mode. 135l par. 1.

Art. 135n. [ Drawing up of the report by the Commission together with a proposal on how to deal with the appeal] (1) The Commission shall draw up a report together with a proposal on the way in which the appeal is to be made.

2. The Commission shall submit the report referred to in paragraph 1 to the higher disciplinary authority. 1, within 21 days from the day of its appointment.

3. The disregard of the appeal by a senior disciplinary supervisor should take place within 14 days from the date of the appeal of the appeal, and in the case of appointment of the commission-within 7 days from the date of receipt of the report referred to in paragraph. 1.

4. A higher disciplinary supervisor may be subject to the judgment under appeal:

(1) maintain in force, or

2) to waive, in whole or in part, to acquit the blamed, to depart from the penalty, or to measure another penalty, or to waive the judgment, to remit the disciplinary proceedings at first instance, or

3) repeal in its entirety and refer the case for reconsideration by the disciplinary superior, when the resolution of the case requires the carrying out of the action of proof in whole or in a substantial part.

(5) The appeal proceedings shall be redeemed in the event of the withdrawal of the appeal.

(6) In appeal proceedings, a higher disciplinary supervisor shall not measure a stricter disciplinary penalty, unless the contested decision blatantly violates the law or the interest of the service.

Art. 135o. [ The legitimacy of a judgment or order] 1. The judgment or order shall become final:

1) with the expiry of the time limit for the lodging of an appeal or complaint, if it has not been lodged;

2) on the day of the decision or the order by the review body.

2. The disciplinary supervisor shall, after the decision or order has been approved, execute the case-law without delay. When the penalty is ordered to leave the designated place of residence, the disciplinary supervisor shall set a time limit for the commencement and termination of the sentence, at the same time being informed of that penalty.

3. The superior competent in personal matters after the right of decision shall immediately execute the penalty of a warning of imputability to the service in the position taken.

4. The supervisor referred to in paragraph 1. 3, after the final decision is made, it shall execute the sentence without delay: appointment for a lower office, reduction or removal from service by the issuing of a personal order of: exemption or cancellation of the punishable the position of the service and the appointment or appointment of a lower service position, a reduction in the degree or release of a police officer being punished. Article Recipe 134e para. 2 shall apply mutatis mutandis.

5. The final decision to waive or to punish, and the final decision to waive the opening of disciplinary proceedings shall be included in the personal file of the policeman.

Art. 135p. [ Application of provisions of the Code of Criminal Procedure] 1. In the case of unregulated in this Act, the provisions of the Code of Criminal Procedure, relating to summations, time limits, service and witnesses, excluding the possibility of imposing ordinal penalties, shall apply to disciplinary proceedings. In disciplinary proceedings, Articles shall not apply to witnesses. 184 of the Code of Criminal Procedure.

2. The exemption from the submission of a statement or answer to the questions of the person with a particularly close personal relationship shall be resolved by a disciplinary spokesperson. The refusal of an exemption from the submission of a statement or answer to the questions shall serve a complaint within 3 days from the date of service of the order.

Art. 135q. [ Enforcement of disciplinary penalties] 1. The payment of a disciplinary penalty shall mean the recognition of the sentence for the inalimentary.

2. The disciplinary barracks shall be subject to a friction after the following:

1) 6 months from the date on which the decision of the reprimand or the sentence of the ban on leaving the designated place of residence has been arerigned;

2) 12 months from the date on which the sentence of a warning of imfull fitness for the occupations of the post is entitled to be made;

(3) 18 months from the date on which the decision of the penalty of designation is entitled to a lower business position.

3. In the case of the impeccable service, as noted in the official opinion, the disciplinary supervisor referred to in art. 32 par. 1, may cover a disciplinary penalty before the expiry of the period specified in the paragraph. 2, however, not earlier than before:

1) 3 months from the date of the judgment of the reprisals or the penalty of the ban on leaving the designated place of residence;

2) 6 months from the date of the judgment of the penalty of warning of imfull suitability for service in the occupied position;

3) 12 months from the date of the decision of the penalty of designation to a lower business position.

4. For the demonstration of courage or courage, and for the serious accomplishments in the performance of the duties of the disciplinary supervisor referred to in art. 32 par. 1, may at any time cover up a disciplinary penalty.

5. If a police officer is punished again before the dismissals of the disciplinary penalty, the period required to tarnish the untreated sentence shall run anew from the date of the decision of the new punishment.

6. In the event of simultaneous execution of more than one penalty, the penalty shall be imposed on the expiry of the period prescribed for the stricter penalty.

7. The abolition of the disciplinary penalty shall result in the removal of the policeman's decision on punishment from the personal file. The decision to depart from the punishment shall be removed from the personal file after the expiry of a period of six months from the date on which it was entitled to act, the provisions of the paragraph. 3 and 4 shall apply mutatis mutandis.

Art. 135r. [ Renewal of disciplinary proceedings] (1) A disciplinary procedure shall be resumed by a final decision if:

1) the evidence, on the basis of which it was established relevant to the case of the circumstances, proved false;

2) have been disclosed relevant to the case of circumstances which were not known in the course of disciplinary proceedings;

3) the ruling was issued in violation of the applicable rules, if it could have affected the content of the ruling;

4) the ruling was given on the basis of another decision or judgment of the court, which was subsequently repealed or amended.

2. disciplinary proceedings shall resume at the request of the punished or blamed, or in the case of his death at the request of a member of the family entitled to the survivor's pension, if, as a result of the decision of the Constitutional Tribunal, he has lost power or has changed a legal provision which is the basis for a disciplinary decision.

3. In the case referred to in paragraph. 2, the application for reopening shall be submitted within one month from the date of entry into force of the decision of the Constitutional Tribunal.

4. disciplinary proceedings shall not resume to the disadvantage punished after the act of criminality of disciplinary rewinding.

5. Disciplinary proceedings shall not resume after 5 years from the date of the decision of the decision.

6. The disciplinary supervisor who issued the final disciplinary decision shall resume disciplinary proceedings from the office or at the request of the punished or blamed or, in the case of his death, at the request of a family member entitled to the survivor's pension. The resumption of a disciplinary procedure shall be notified ex officio or, in the case of his death, to a member of the family entitled to a survivor's pension.

7. The application for the resumption of disciplinary proceedings shall be submitted to the disciplinary supervisor, who issued the ruling in the first instance, within 30 days from the day on which the blamed learned of the circumstances constituting the basis for the resumption of proceedings.

8. If the cause of the resumption of proceedings is the activity of the disciplinary supervisor referred to in paragraph. 6, with the resumption resolves a higher disciplinary supervisor.

9. In order to refuse to reopen a disciplinary procedure and to a member of the family entitled to the survivor's pension referred to in paragraph 9, the person referred to in paragraph 1 shall be refused the remission of the disciplinary procedure. 6, serves to complaint to a senior disciplinary supervisor within 7 days from the date of service, with the fact that the order issued by the Chief of Police Chief shall be entitled only within the same period of time a request for reconsideration of the case.

Art. 135s. [ Conducting evidence after the reopening of the procedure] 1. After the resumption of disciplinary proceedings, the evidence shall be carried out limited to the reasons for the resumption, and after their completion, according to the findings made, the decision shall be issued:

1) repealing the existing judgment and stating the acquittal of the punished or remission of disciplinary proceedings, or

2) amending the previous ruling and imposing another disciplinary penalty, or

3) refusing to repeal the previous ruling.

2. The amendment of the existing judgment and the exchanging of another disciplinary penalty shall not occur after the cessation of the criminality of the disciplinary rewinding.

3. The judgment of a more severe sentence from the past is possible only if the reopening takes place from office and the adjudicated punishment is grossly disproportionate to the perpetuated disciplinary rewinding.

(4) If, following the resumption of the proceedings, a more lenient penalty is imposed, the effects of the previous sentence shall be waived and, in the event of a stricter penalty, the execution of the sentence shall start from the date of the exchange.

5. The decision and order issued in the reopening mode of disciplinary proceedings shall serve the punished or blamed, and in the event of his death, the member of the family entitled to the survivor's pension, the appeal or complaint to the superior superior disciplinary action within 7 days from the date of service, with the fact that the decision and provisions issued by the Chief of Police of the Police Chief shall be entitled only, within the same time limit, to reconsider the case. The provisions of Article 4 135n ust. 4-6 shall apply mutatis mutandis.

6. The term of the abolition of the sentence amended following the resumption of proceedings shall be counted from the date of the legitimation of the decision to impose a new punishment. The period of the new penalty shall be the period of the period of withholding which has elapsed since the judgment of the sentence of the previous sentence has been legitishable.

Article 136. (repealed).

Article 137. (repealed).

Article 138. [ The complaint to the administrative court] The decision and the decision terminating the disciplinary procedure of a police officer shall have the right to lodge a complaint with the administrative court.

Article 139. [ Delegation] The Minister responsible for internal affairs shall determine, by means of a regulation, a detailed procedure for the exercise of disciplinary action in relation to police officers, including the circulation of documents relating to disciplinary proceedings, the rectification of the clerical and accounting errors and of other obvious errors and sets out the models of the provisions and other documents drawn up in the disciplinary procedure with a view to the smooth conduct of the proceedings.

Article 140. (repealed).

Article 141. (repealed).

Article 141a. [ Appropriate application of the provisions of the Criminal Code] The provisions of Article 4 115 § 18 and art. 318 and 344 of the Penal Code are applicable to the Police officers.

Article 142. (repealed).

Article 143. (repealed).

Article 144. (repealed).

Art. 144a. [ Kontratypy] He shall not commit a criminal offence, who, by being eligible, shall perform the acts referred to in Article 4. 19a ust. 1 and 2, as well as who shall perform the activities referred to in Article 3. 19b par. 1.

Article 145. (repealed).

Chapter 10a

Police contingents allocated to tasks outside the State

Art. 145a. [ Delegation for duty outside the State] 1. A police officer may be delegated to serve outside the State in order to carry out the tasks specified in Art. 1 (1) 2 points 7 and paragraph 2. 3, in a police quota allocated to the participation in:

1. peacekeeping mission;

2) action to prevent acts of terrorism or their effects;

3) rescue and search and/or humanitarian action;

4) training and policing;

5) representation projects.

2. A delegation to serve outside the State and to extend the time of posting in the cases mentioned in the paragraph. 1 (1) and (2) shall be followed by the written consent of the policeman.

Art. 145b. [ Order for the creation and liquidation of the police contingent] 1. The formation and liquidation of a police quota shall be decided by:

1) the Council of Ministers-the resolution, in the case referred to in art. 145a par. 1 point 1;

2. the minister responsible for internal affairs-the order, in the cases referred to in art. 145a par. 1 points 2 and 3;

3) Chief of Police Chief-by decision, in the cases referred to in art. 145a par. 1 points 4 and 5.

2. In the resolution, the arrangement or decisions referred to in the paragraph. 1, shall specify in particular:

1. the name of the quota, its number and the time remaining outside the national borders;

2. the objective of the contingent, the scope of its tasks and the area of action;

3. the system of steering and command of the quota and the body of the international organisation to which the quota will be subdued for the duration of the operation;

4) the authorities of the government administration responsible for cooperation with the management bodies of the relevant international organization in directing the activities of the contingent performing tasks outside the State;

5) the armaments and equipment of the contingent in the special equipment and equipment;

6. the route and time of movement of the quota in the case of transit.

Art. 145c. [ Police contingent composition] 1. The police quota may be composed of the Police staff, subject to the provisions of the paragraph. 2.

2. In order to ensure the lineup of certain posts in the police quota by persons with specialist qualifications, it is possible to employ employees on the basis specified in the provisions of the Labour Code.

Art. 145d. [ Circumvection of the Polish jurisdiction of persons falling within the quota] 1. Police officers and officers of the Police contingent shall be subject to the disciplinary and ordinal provisions of the Republic of Poland in the territory of the State of Foreign Affairs.

2. The persons referred to in paragraph. 1, shall be bound by the law of the host country and binding the Republic of Poland international law.

Art. 145e. [ The emoluments of a police officer serving in a police quota outside the State] 1. A police officer at the time of posting to serve in a police quota outside the State shall receive basic salary, salary allowances and other pecuniary entitlements of the most recently occupied business position-with the changes which affect the right to emoluments and other charges or their amounts resulting from the changes in the period of time.

2. The police officer referred to in paragraph 2. 1, may be granted allowances for salaries, benefits for bodily injury, travel and travel, and other monetary duties connected with the posting, paid in Polish or foreign currency.

Art. 145f. [ Delegation] The Council of Ministers shall determine by way of regulation:

1) the conditions of receipt, the type of currency and the amount of allowances, benefits and receivables referred to in art. 145e ust. 2, taking into account their types and scope, due to the risks involved, the nuisance or the place of service and the function of the policeman;

2) the powers and duties of the police officers delegated to serve outside the State, taking into account the conditions and mode of posting of police officers, the cases of their dismissal before the scheduled date and the extension of the time of posting, and the superiors competent for these matters;

3) the detailed rules for hiring in the police contingent of the employees referred to in art. 145c, and their remuneration, taking into account the provisions contained in the labour law and the specificity of the performance of the work in the police contingent carrying out tasks outside the State, and in particular the rights to the appendix foreign, travel and travel benefits and other cash receivables associated with the posting, as well as compensation benefits resulting from separate laws;

4) the conditions for receiving the health care benefits referred to in art. 42 par. 2 of the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2008 Nr 164, pos. 1027, of late. zm.), by policemen and employees referred to in art. 145c, in connection with the traumas acquired in the performance of their tasks outside the State and the manner and mode of financing of the costs, taking into account the rules and the way in which the public funds are spent;

5) the detailed rules and mode of financing and operation of the police contingent, including its equipment and carriage, taking into account the provisions on public finances.

Art. 145g. [ Financing of expenditure related to police quotas outside the State] 1. Expenditure related to the participation of police quotas outside the State shall be financed by the State budget, in part of the Minister responsible for internal affairs.

2. If the financial resources for this purpose have not been included in the budget of the Minister responsible for internal affairs, it shall be provided by the Council of Ministers.

Chapter 10b

Implementation of joint actions in the territory of the European Union Member States

Art. 145h. [ Tasks carried out in the framework of official duties in the territory of another EU Member State] Police officers and police officers shall be entitled to carry out official duties in the territory of another Member State of the European Union for the purpose of carrying out their tasks:

1) in the form of joint patrols or other types of joint operations to protect public order and security and to prevent the crime referred to in art. 17 Council Decision 2008 /615/JHA of 23 June 2008. on the intensification of cross-border cooperation, particularly in combating terrorism and cross-border crime (Dz. Urz. EU L 210 of 06.08.2008, p. 1., hereinafter referred to as "Council Decision 2008 /615/JHA";

2. in the form of providing assistance in connection with gatherings, mass events or similar events, natural disasters and serious accidents in order to protect public order and security and to prevent the crime in question in Article 18 Council Decision 2008 /615/JHA;

3. in the context of the aid granted by a special intervention unit as referred to in Council Decision 2008 /617/JHA of 23 June 2008. on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations (Dz. Urz. EU L 210 of 06.08.2008, p. 73).

Art. 145i. [ Bodies issuing an order to carry out official duties in the territory of another EU Member State] The performance of duties by police officers or police officers in the territory of another Member State of the European Union and the determination of the conditions for the performance of those duties shall be decided upon:

1) Chief of Police Chief-by decision, in the case referred to in art. 145h (1);

2. the minister responsible for internal affairs-the order, in the cases referred to in art. 145h (2) and (3).

Chapter 10c

Contact points for the exchange of information with the Member States of the European Union and the national office for the recovery of property

Art. 145j. [ National Contact Points tasks] 1. The Chief Police Chief shall perform the tasks:

1) the national contact point for the exchange of data on DNA profiles referred to in art. 6 para. 1 of Council Decision 2008 /615/JHA;

2) the national contact point for the exchange of dactyloscopic data from automated fingerprint identification systems referred to in art. 11 (1) 1 of Council Decision 2008 /615/JHA;

3) the national contact point for cooperation in the exchange of registration data of vehicles referred to in art. 12 (1) 2 of Council Decision 2008 /615/JHA;

4) the national contact point for the exchange of personal and non-personal data, referred to in art. 15 Council Decision 2008 /615/JHA;

5) the contact point referred to in art. 17 para. 1 of Council Decision 2008 /616/JHA on the implementation of Decision 2008 /615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (Dz. Urz. EU L 210 of 06.08.2008, p. 12).

2. To the tasks of the national contact point referred to in the paragraph. 1 point 1, the following shall be:

1. making available to contact points of the Member States of the European Union, for automatic researches, reference data covering only DNA profiles established on the basis of the non-coding part of DNA and individual identification markings from an automated system for the collection and processing of DNA profiles, operating within the DNA data file referred to in Article 21a, which is collected for the purpose of detecting, prosecuting, preventing or combating crime perpetrators, excluding data for which the righteners have reserved that they are not subject to international exchange;

2) execution, at the request of the entities listed in Art. 1 (1) 2 of the Act of 16 September 2011. to exchange information with the law enforcement authorities of the Member States of the European Union, researches in the DNA databases provided by contact points for the exchange of data on DNA profiles of other Member States of the European Union;

2a) execution of automated, periodic searches of databases provided by contact points for the exchange of data on DNA profiles of other Member States of the European Union;

3. cooperation with the point of contact referred to in art. 4 par. 1 of the Act of 16 September 2011. to exchange information with the law enforcement authorities of the Member States of the European Union in the provision, processing and exchange of data on DNA profiles.

3. To the tasks of the national contact point referred to in the paragraph. 1 point 2, the following shall be:

1. making available to contact points of the Member States of the European Union, for automatic researches, reference data covering only dactyloscopic data and individual identification markings from an automated system the identification of dactyloscopic, as part of the Central Fingerprint Registrations, collected for the purpose of detecting, prosecuting, preventing or combating crime, excluding data on which the righteners have stipulated that they are not subject to international exchange;

2) execution, at the request of the entities listed in Art. 1 (1) 2 of the Act of 16 September 2011. o exchange of information with law enforcement authorities of the Member States of the European Union, researches in automated dactyloscopic identification systems made available by the contact points for the exchange of dactyloscopic data of the European Union;

2a) execution of automated, periodic searches of data sets made available by the contact points for the exchange of fingerprint data of other European Union Member States;

3. cooperation with the point of contact referred to in art. 4 par. 1 of the Act of 16 September 2011. to exchange information with law enforcement authorities of the Member States of the European Union in the provision, processing and exchange of dactyloscopic data.

4. To the tasks of the national contact point referred to in the paragraph. 1 point 3, the following shall be:

1. to make available, in cooperation with the minister competent for internal affairs, contact points of the European Union Member States, to the researches, data or information contained in the central records of vehicles referred to in art. 80a of the Act of 20 June 1997. -Law on road traffic for the detection of perpetrators of criminal offences and of other acts prohibited under the jurisdiction of the courts or prosecutors in those States;

2) execution, at the request of the entities listed in Art. 1 (1) 2 of the Act of 16 September 2011. on the exchange of information with the law enforcement authorities of the Member States of the European Union, researches in national databases of vehicle registration data provided by contact points for the exchange of data on vehicles of other Member States of the Union European;

3. cooperation with the point of contact referred to in art. 4 par. 1 of the Act of 16 September 2011. to exchange information with law enforcement authorities of the Member States of the European Union, and with the Minister competent for internal affairs in the provision, processing and exchange of data on vehicles.

5. To the tasks of the national contact point referred to in the paragraph. Point 4 of the first paragraph shall be:

1. to communicate to the contact points of the Member States of the European Union information, including personal data, in connection with the relevant events of cross-border effects, received from the competent national authorities, to which the statutory tasks belong to implementation of crime prevention and security and public order tasks;

2) receiving from the contact points of the Member States of the European Union the information referred to in point 1 and their transmission to the competent national authorities, to which the statutory tasks are to be carried out in the field of prevention crime and security and public order.

6. The tasks referred to in paragraph. 2 and 3, Chief Police Chief is performing with the help of the Central Forensic Laboratory of Police.

Art. 145k. [ Executing the tasks of the national property recovery office] 1. The Police Headmaster shall perform the tasks of the national property recovery office referred to in art. 1 (1) Council Decision 2007 /845/JHA of 6 December 2007. concerning the cooperation between the offices of the the recovery of property in the Member States in the field of the detection and identification of the proceeds from crime or other property related to the crime (Dz. Urz. EU L 332, 18.12.2007, p. 103).

2. Cooperation, within the meaning of the provisions of Council Decision 2007 /845/JHA, between the national property recovery office referred to in paragraph 1. 1, and the national offices of the recovery of the property of other Member States of the European Union, in particular as regards the exchange of information for the detection and identification of the proceeds from crime or other property related to the crime, and within the scope of the processing of this information shall be carried out on the terms and conditions set out in the Act of 16 September 2011. to exchange information with law enforcement authorities of the Member States of the European Union.

Chapter 11

Transitional and final provisions

Article 146. [ Solution To Civic Militia] 1. At the creation of the Police, the Civic Militia is dissolved.

2. (bypassed).

3. (bypassed).

4. (bypassed).

Article 147. [ Appointment of a term for the Police Organization] 1. The Minister of Internal Affairs will organize the Police within 3 months from the date of entry into force of this Act.

2. At the time of the organisation of the liquidation Police shall be subject to internal affairs offices.

Article 148. (bypassed).

Article 149. [ Transition of officers of the Civic Militia to the Police] 1. At the dissolution of the Civic Militia, its officers become police officers.

2. The provision of the paragraph. 1 shall not apply to those officers of the Civic Militia, who until 31 July 1989 were officers of the Security Service.

3. (bypassed).

Article 150. [ Preservation of the continuity of service or employment by officers passing to the Police] 1. To date, the officers of the Civic Militia or the Security Service, who will take up the service in the Police or be employed in the organisational units subordinate to the Minister of the Interior, shall retain the continuity of the service accordingly, or employment.

2. (bypassed).

Article 151. [ Preserving the powers of the exempted police officers by the officers of the Civic Militia] 1. The officers exempt from the service of the Civic Militia, who do not undertake the service or work in the organizational units subordinate to the Minister of the Interior, retain the powers provided for officers exempt from the service at Article 1 41 par. 2 point 5, unless they have acquired the entitlement to release from the service on more favourable terms.

2. (bypassed).

3. (bypassed).

Article 152. [ Membership of the policemen's membership in political parties] As soon as this law enters into force, the political parties of these policemen who have been assigned to such organisations have been established.

Article 153. [ Explanatory provision] Whenever the law is referred to as "Civic Militia" and "officers of the Civic Militia", this should be understood by "Police" and "policemen".

Article 154. (bypassed).

Article 155. (bypassed).

Article 156. (bypassed).

Article 157. [ Repealed provisions] 1. The Act of 31 July 1985 shall be repealed. on the service of officers of the Security Service and Civic Militia of the Polish People's Republic (Dz. U. Nr 38, pos. 181 and 1989 Nr 34, pos. 180 and No. 35, pos. 192), in the part concerning Civic Militia.

2. Until the adoption of the implementing rules provided for in the Act, the existing provisions shall remain in force, if they are not contrary to this Act, but no longer than 1 year.

3. (bypassed).

Article 158. [ Entry into force] The Act comes into force on the day of the announcement.

[ 1] Based on point 6 (a) a) the judgment of the Constitutional Court of 30 July 2014. (Journal of Laws pos. 1055) art. 19 to the extent that it does not provide for the guarantee of an immediate, commission and protocol on the destruction of material which contains information subject to prohibitive prohibitions on which the court of justice has failed to repeal professional secrecy or to be inadmissible, is not compatible with art. 42 par. 2, art. 47, art. 49, art. 51 (1) 2 and Art. 54 para. 1 in connection with art. 31 par. 3 Constitution of Poland. Article 19 in the abovementioned The extent of the loss of power on 7 February 2016

[ 2] Based on point 1 (a) a) the judgment of the Constitutional Court of 30 July 2014. (Journal of Laws pos. 1055) art. 19 (1) 1 point 8, understood in this way, that concerns the criminal offences referred to in the Polish law of criminal offences under international agreements ratified with the prior consent expressed in the Act, is in accordance with art. 2, art. 47 and art. 49 in connection with art. 31 par. 3 of the Constitution of the Republic of Poland and Article 8. The Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on 4 November 1950, subsequently amended by Protocols Nos 3, 5 and 8, and supplemented by Protocol No 2 (OJ 1993 L thereof, 1993). Nr 61, pos. 284, ost. zm.: Dz.U. z 2010 r. No. 90, item. 587).

[ 3] On the basis of point 4 (a) a) the judgment of the Constitutional Court of 30 July 2014. (Journal of Laws pos. 1055) art. 19 (1) Article 6 (3) is to be understood as meaning that the competent authority managing operational control indicates that the information and evidence used in the individual case is compatible with the nature of the technical measure for obtaining information and evidence and that it is compatible with Article 3 (1) of the procedure. 2 and Art. 47 in connection with art. 31 par. 3 Constitution of Poland.

[ 4] Based on point 5 (a) a) the judgment of the Constitutional Court of 30 July 2014. (Journal of Laws pos. 1055) art. 20c ust. 1 by the fact that it does not provide for an independent inspection of the sharing of telecommunications data referred to in Article 180c and Art. 180d of the Act of 16 July 2004. -Telecommunications Law (Journal of Laws of 2014 items 243), is inconsistent with art. 47 and art. 49 in connection with art. 31 par. 3 Constitution of Poland. Article 20c (c) 1 lost power 7 February 2016

[ 5] Article 26 (1) 2 repealed by Art. 51 point 1 of the Act of 28 November 2014. on the medical committees of the subordinate ministers responsible for internal affairs (Journal of Laws of the European Union). 1822). The amendment came into force on 1 January 2015.

[ 6] Art 40a added by art. 51 point 2 of the Act of 28 November 2014. on the medical committees of the subordinate ministers responsible for internal affairs (Journal of Laws of the European Union). 1822). The amendment came into force on 1 January 2015.

[ 7] Article 41 (1) 2 point 7a added by art. 51 point 3 of the Act of 28 November 2014. on the medical committees of the subordinate ministers responsible for internal affairs (Journal of Laws of the European Union). 1822). The amendment came into force on 1 January 2015.

[ 8] Nowadays art. 48 shall be in force as set out in the Article. 1 point 20 of the Act of 21 July 2006. amending the Act on Police and certain other laws (Journal of Laws No. 158, item. 1122), which entered into force on 20 September 2006.

[ 9] Nowadays art. 50 shall be in force as set out in the Article. 1 point 20 of the Act of 21 July 2006. amending the Act on Police and certain other laws (Journal of Laws No. 158, item. 1122), which entered into force on 20 September 2006.

[ 10] It lost power on 1 January 1999. based on art. 170 point 15 of the Act of 6 February 1997. about universal health insurance (Journal of Laws No. 28, item. 153) to the extent regulated by this Act.

[ 11] It lost power on 1 January 1999. based on art. 170 point 15 of the Act of 6 February 1997. about universal health insurance (Journal of Laws No. 28, item. 153) to the extent regulated by this Act.

[ 12] Nowadays: completely incapable of work and unable to be viable, according to art. 10 para. 2 point 1 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Journal of Laws No. 100, item. 461), which entered into force on 1 September 1997.

[ 13] Nowadays: completely incapable of working, according to art. 10 para. 2 point 2 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Dz. U. No 100, pos. 461), which entered into force on 1 September 1997.

[ 14] Currently: the provisions on pensions and pensions from the Social Insurance Fund, according to art. 192 of the Act of 17 December 1998. about pensions from the Social Insurance Fund (Journal of Laws No. 162, item. 1118), which entered into force on 1 January 1999.

[ 15] Currently: total or partial incapacity for work, according to art. 10 para. 1 of the Act of 28 June 1996. to change some of the laws on pension provision and social insurance (Journal of Laws No. 100, item. 461), which entered into force on 1 September 1997.

[ 16] Currently, these are the provisions of the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire and Prison Guard and their families (Journal of Laws 2004 No. 8, pos. 67; ost. zm.: Dz.U. z 2011 r. Nr 205, pos. 1203).

[ 17] Article 121b (1) 5 point 7 added by art. 51 point 4 of the Act of 28 November 2014. on the medical committees of the subordinate ministers responsible for internal affairs (Journal of Laws of the European Union). 1822). The amendment came into force on 1 January 2015.