The Act Of 6 April 1990 On The Police

Original Language Title: USTAWA z dnia 6 kwietnia 1990 r. o Policji

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Chapter 1 General provisions Article. 1. [the establishment and tasks of the police] 1. A Police as uniformed and armed formation for society and designed to protect the security of the people and to maintain security and public order.

1a. name of "Police" only, referred to in paragraph 1. 1.2. To the basic Police tasks are: 1) the protection of life and health of people and property against unlawful attacks against the good;

2) protect security and public order, including the provision of peace in public places and in public transport and public transport, in traffic and in the waters intended for widespread use;

3) initiate and organize activities aimed at the prevention of the Commission of the crimes and offences and the phenomena of kryminogennym and in this scope with State authorities, local governments and social organizations;

4) detection of crimes and offences and the prosecution of their perpetrators;

5) supervision of specialised armed protective formations within the range specified in separate regulations;

6) control of compliance with the provisions in force and administrative provisions relating to the activities of the public or of the laws in force in public places;

7) interaction with the police forces of other States and international organisations, as well as with the authorities and institutions of the European Union on the basis of agreements and international agreements and separate legislation;

8) collection, processing and transfer of criminal information;

9) (repealed);

10) data sets containing information collected by the competent authorities of fingerprint data fingerprint people, unidentified fingerprint traces from crime scenes and of the results of analysis of deoxyribonucleic acid (DNA);

11) (repealed).

3. The police also runs the tasks arising from the provisions of European Union law and agreements and international agreements on the terms and to the extent therein.

Article. 2. [the powers of the military police and the military authorities of the order] in the field, and on the principles set out in separate provisions of the tasks provided for the police perform in the armed forces of the Republic of Poland, and in relation to the soldiers of the military police and military authorities.

Article. 3. [the administration required to perform the tasks in relation to the protection of public safety] the Governor and the Mayor (Mayor, city President) or mayor with the power of General Administration and authorities of the commune, County and local Government of the province shall perform the tasks in relation to the protection of security or public order on the principles set out in the laws.



Chapter 2 organisation of the police Article. 4. [Composition] 1. Police consists of the following types of services: crime, forensics, preventive and supportive activities of the Police in terms of organisational, logistical and technical support.

2. the Police shall enter into the judicial police. Detailed terms of reference and rules of judicial police organisation determines, by regulation, the competent minister of the Interior, in consultation with the competent Minister for justice.

3. the Police also contains: 1) the higher school of police, training centers and police academies;

2 prevention and counter-terrorist sub-units of divisions) extracted;

3) research institutes.

3A. Organization and activity of the higher school of Police in Szczytno as high school and the designation and dismissal of the Rector and the designation, selection and dismissal of prorektorów is governed by the law of 27 July 2005, the law on higher education (Journal of laws No. 164, item 1365., as amended.).

3B. The organization and activities of research institutes referred to in paragraph 1. 3, paragraph 3, and the appointment and dismissal of the directors of these institutes and their alternates is governed by the law of 30 April 2010 on research institutes (Journal of laws No. 96, item. 618, as amended).

4. Commander in Chief of the police, with the consent of the Minister of the Interior, may rely, in justified cases, other than those mentioned in paragraph 1. 1 types of services by specifying their territorial jurisdiction, organisation and activities.

Article. 4A. (repealed).

Article. 5. [commander in Chief of police] 1. The central organ of government administration, competent in matters relating to the protection of the safety and the maintenance of security and public order, is Commander in Chief of police, subject to the Minister competent for internal affairs.

2. the Commander in Chief of the police is superior to all police officers, hereinafter referred to as "policemen".

3. the Chief of police shall appoint and dismiss the President of the Council of Ministers at the request of the Minister of internal affairs.

4. Deputy Commander in Chief of the police, and the Deputy, appoints and dismisses the minister competent for internal affairs at the request of the Chief of police.

5. in the event of dismissal the position of Commander in Chief of the police, the competent minister of the Interior, until the appointment of a new Commander, duties entrusted to the Chief of police, for a period not longer than 3 months, one of his deputies.

6. in the event of temporary inability to exercise by the Chief of police, the competent minister of the Interior, until the cessation of the obstacles in the exercise of this function by the current Commander, however, for a period of not more than 6 months, the duties entrusted to the Commander in Chief of the police one of its alternates.



Article. 5a. [the Central Bureau of investigation the police] 1. The Central Bureau of investigation police, hereinafter referred to as "CBŚP", is an organizational unit of the Police investigative services, producing documentary films in the area of the whole country the task of recognizing, preventing and combating organised crime.

2. The Commander of the Central Bureau of investigation police, hereinafter referred to as "Commander CBŚP", is the Police Chief, Police Commissioner for CBŚP and is a superior police officers CBŚP.

3. the headquarters of the Commander of the CBŚP is the capital city of Warsaw.

4. the Commander of the CBŚP calls out of police officers, and referenced by the minister competent for internal affairs at the request of the Chief of police.

5. The Deputy Commandant of the CBŚP calls out of police officers, and referenced by the Commander in Chief of the police at the request of the Commander of the CBŚP.

6. in the event of dismissal the position of Commandant CBŚP Commandant of Police Chief, pending the appointment of a new Commander, entrusts the duties of Commander of the CBŚP, for a period not exceeding 6 months, one of his deputies or a designated police officer.

7. In order to carry out tasks referred to in paragraph 1. 1 Commander CBŚP interacts with other organizational units of the police and the relevant authorities and institutions, including other States.

Article. 6. [the Government administration bodies in the area of] 1. Government authorities in the area of the matters referred to in article 1. 5. 1, are: 1) the Governor with the help of Commander of the Provincial Police acting on its behalf or the Commander of the Provincial Police acting on behalf of its own: a) emergency operations reconnaissance, investigation and law enforcement activities, b) for issuing individual administrative acts, where the law so provide;

2) Commandant of the district (municipal) police;

3) Commandant of the police.

2. The territorial range of the bodies referred to in paragraph 1. 1 paragraphs 1 and 2, corresponds to the crucial administrative division of the State subject to the provisions of paragraph 2. 3-5.

3. Excluded from the territorial range of the Commander of the Provincial Police responsible for California area m.st. Warsaw and districts: grodziskiego, legionowskiego, Minsk, nowodworski, otwockiego, piaseczyńskiego, pruszkowski, Warsaw West and wołomińskiego.

3A. In cities which are the seat of the city of the County and the county established authorities in this city, you can create the command transport Police carrying out tasks in the area of the city and County.

3B. The proper Minister of the Interior, by regulation, creates and removes the city commands the police, referred to in paragraph 1. 3A, having regard to the considerations of geographic and demographic administration and city and County.

4. The Commander of the police Capital performs in the area referred to in paragraph 1. 3, the tasks and competencies corresponding to the tasks and competence of Commander of the provincial police.

4A. In the area of m.st. Warsaw the tasks and competencies corresponding to the tasks and competences of the Commandant of the district (municipal) Police performs the competent territorial district police Commandant.

4B. The proper Minister of the Interior shall, by regulation, territorial jurisdiction of District Chief of police, creates and removes the district command of police and shall establish their names. Territorial jurisdiction of the District Chief of police covers an area of one district or multiple districts.

5. Metropolitan Police is a secondary engine Commander of a metropolitan police, performing its tasks in the area referred to in paragraph 1. 3.


Article. 6a. [police authorities competent in administrative proceedings] 1. In administrative proceedings, in matters relating to the exercise of the tasks and powers of the police if the Act does not provide otherwise, the competent authority is the Commander of district (municipal) Police, and in the area of m.st. Warsaw – Commandant of the district police.

2. In administrative proceedings in cases referred to in paragraph 1. 1, higher authorities are: 1) in relation to the Commandant of the district (municipal) Police-Commander of the provincial police;

1A) in relation to the Commander of the Police District-Commandant of the Police Capital;

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

Article. 6B. [appointment and dismissal of the Police Chief and Commander of the Metropolitan Police] 1. Commander of the Provincial Police appoints and dismisses the minister competent for internal affairs at the request of the Commander in Chief of police made after consultation with the Governor.

2. the Commander of the Metropolitan Police appoints and dismisses the minister competent for internal affairs at the request of the Commander in Chief of police made after consultation with the Governor and the opinion of the President of m.st. Warsaw.

3. the Commander in Chief of police, at the request of the Commander of the provincial Capital, Police Commander or, where appropriate, shall appoint and dismiss the three deputy provincial Commander or Commander of a Metropolitan Police Department, including the Deputy.

4. On the position of Commander of the Provincial Police Commander and alternate Capital Commander and provincial and Commander of the Metropolitan Police pleads police officers, with the exception of the posts of Deputies for the departments to support activities of the police organization, logistics and technical, on which you can rely also non-policemen.

5. in the event of dismissal the position of Commander of the provincial or Metropolitan Commander Police Commander in Chief of the police, pending the appointment of a new Commander, commander duties entrusted to the provincial or Metropolitan Commander Police, for a period not exceeding 6 months, one of his deputies or to the designated officer.

6. In the absence of reviews referred to in paragraph 1. 1 or paragraph 2. 2, the competent minister of the Interior, at the request of the Commander in Chief of the police, may appoint a provincial Commander or Commandant of the Metropolitan Police after 14 days from the date on which the request for an opinion.

Article. 6 c. [appointment and dismissal of the Commander of the district police and Police District Commander] 1. The Commander of the district (municipal) Police appoints and dismisses the provincial Chief of police, after consulting the Starosta. Provision of art. 35 paragraph 1. 3 paragraph 1 of the Act of 5 June 1998 on district self-government (Journal of laws of 2001, no. 142, poz. 1592, as amended) shall not apply.

2. the Commander of the Police District shall appoint and dismiss the Chief of the police Capital, after consulting the President of the m.st. Warsaw. Provision of art. 35 paragraph 1. 3 paragraph 1 of the Act of 5 June 1998 on the Central District does not apply.

3. The Commander of the provincial police, at the request of the Commander of the district (municipal) Police, appoints and dismisses Deputy District Commander and the rest of the and a Deputy (City) police.

4. The Commander of the police Capital, at the request of the Commander of the Police District, and references and the Deputy and other deputies of the District Commander of the police.

5. On the position of Commander of the district (City) and District Commander and the Deputy Police Commander of the district (City) and District Commander of police are appointed police officers.

6. in the event of dismissal the position of Commandant of the district (municipal) Police Commander of the Provincial Police, pending the appointment of a new Commander, entrusts the duties of Commander of the district (City) police force, for a period not exceeding 6 months, one of his deputies or to the designated officer.

7. in the event of dismissal the position of Commander of the Police District Commander of the police Capital, pending the appointment of a new Commander of the Police District Commander duties conferred, for a period not exceeding 6 months, one of his deputies or to the designated officer.

8. In the absence of reviews referred to in paragraph 1. 1 or paragraph 2. 2, Commander of the provincial or Metropolitan Chief of police may appoint a District Commander respectively (urban) or District Commander of the police after 14 days from the date on which the request for an opinion.

Article. 6 d. [appointment and dismissal of the Commander of the police station] 1. Commander of the police station shall appoint and dismiss the Commander of district (municipal) Police after consulting the competent territorial Reeve (Mayor or President of the city) or mayors. Opining is not affected by the Commander of the police station specialist.

2. The Deputy Commander of the police station shall appoint and dismiss the Commander of district (municipal) Police at the request of the Commander of the police station.

3. The Chief of police and Deputy Commander of the police station shall be appointed officers or aspirants.

4. in the event of dismissal the position of Commander of the police station, Commander of district (municipal) Police, pending the appointment of a new Commander, entrusts, after consulting the Mayor (Mayor or President of the city) or the mayors, the duties of Commander of the police station, for a period not longer than 3 months, one of his deputies, and in the absence of deputies-to another officer.

5. in the event of temporary inability to exercise by the Commander of the police station, Commander of district (municipal) police, until termination of the obstacles in the exercise of this function by the current Commander, entrusts the duties of Commander of the police station to one of his deputies, and in the absence of deputies-to another officer.

6. In the area of m.st. Warsaw, the provisions of paragraph 1. 1 and 3 to 5 shall apply mutatis mutandis to the appointment and dismissal of the Commander of the police by the District Commander of the police, after consultation with the President of the m.st. Warsaw.

7. In the area of m.st. Warsaw, the provisions of paragraph 1. 2 and 3 shall apply mutatis mutandis to the appointment of the Deputy Commander of the police by the District Commander of the police.

8. In the absence of reviews referred to in paragraph 1. 1 or 6:1) Commandant of the district (municipal) Police may appoint the Commander of the police after 14 days from the date on which the request for an opinion;

2) district police commander may appoint the Commander of the police after 21 days from the date on which the request for an opinion.

Article. 6E. [Reference Police Commissioner] 1. Reference of posts referred to in article 2. 5A paragraph 2. 4 and 5, art. 6B ust. 1, 2 and 5, art. 6 c of paragraph 1. 1 – 4, 6 and 7 and art. 6 d of paragraph 1. 1, 2, and 6, you can at any time.

2. In the absence of any opinion, referred to in article 1. 6B ust. 1 and 2, article. 6 c of paragraph 1. 1 and 2 and article. 6 d of paragraph 1. 1 and 6, the authority empowered to appoint to the position of Commander of the reference appropriately commanders: provincial and capital city, County (City) of the district, or the Commander of the police station, after 14 days from the date of delivery of the request for an opinion.

3. A police officer revoked the position moves available to superior police officer authorized to dismiss from the position, provided that a police officer revoked from the post of Commander of the CBŚP, Commander of the provincial and Commander of the Metropolitan Police takes the Commander in Chief of police. A police officer for a period of 6 months is entitled to the emoluments of exercise before the reference.

Article. 6f. [Superiors police] Commander of the provincial police and the Commander of district (municipal) police are superiors of policemen in their own activities.

Article. 6 g [commands and police] Commander in Chief of police, Commander of the provincial police, Commander of district (municipal) Police shall carry out their tasks with the help of their commands, and the Commander of the police-with the help of the police station.

Article. 6. (repealed).

Article. 7. [task of Commander in Chief of police] 1. Commander in Chief of police shall determine: 1) detailed rules for the Organization and activities of commands, police stations and other organizational units of the police;

2) methods and forms of the exercise of the tasks by the various police services, to the extent not covered by other regulations issued under the Act;

3) (repealed);

4) (repealed);

4A) training programs, professional police officers;

4B) the scope and specific conditions, carry out and evaluate policies for the physical fitness test police officers;

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

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

7) rules of professional ethics of police officers, after consultation with the trade union officers;

8) Organization, kind and local activities and rules of interaction CBŚP with other organizational units of the police.

2. The Commander of the Provincial Police specifies the territorial Police stations property within its operations.

3. the Commander in Chief of police may create and eliminate training centers and police academies.

4. the rules of commands, police stations and other Police organizational units shall be responsible for their police in consultation with the competent superiors. The rules of the Police provincial command is not part of the rules of procedure regional office.


Article. 8. [police-specialized] 1. Commander of the Provincial Police, in consultation with the Commander of the Main Police creates, if necessary, train station, water, air, or other specialist police station. Commandants specialist stations are subject to the competent territorial Police Commandant.

2. The Commander of the police station a police specialist shall appoint and dismiss the Commander of the provincial police.

3. (repealed).

Article. 8A. [Originally the constables and police stations] 1. The Commander of district (municipal) Police can create beats, constables and police stations on the principles set out by the Chief of police.

2. The head of the territory and the head of the police station shall appoint and relieve from his position as Commandant of the district (municipal) police, after consulting the Mayor (Mayor or President of the city), unless it is to express an opinion in this case authorized was the executive body of the secondary unit.

3. The tasks of the head of the territory and the head of the police, in particular: 1) hazard recognition and prevention of the root causes of their formation;

2) initiate and organize community-based activities aimed at the prevention of the Commission of the crimes and misdemeanors and other phenomena kryminogennym;

3) execution of administrative regulations and other urgent steps related to the notice of the crime and security where they are.

Article. 9. (repealed).

Article. 10. [annual reports] 1. Police Commanders, subject to paragraph 2. 1A, shall submit annual reports on its activities, as well as information about the State of the public order and security to the competent wojewodom, starostom, wójtom (mayors or Presidents of cities), as well as the county councils and the Councils of municipalities. In the event of threats to public security or public policy reports and information consists of those authorities immediately upon each request.

1a. The Commander of the Metropolitan Police report, as well as the information referred to in paragraph 1. 1, the Palatine of Masovia, and, as regards police activity in the area of m.st. Warsaw, the President of m.st. Warsaw and the Council m.st. Warsaw. Police district commanders make separate reports.

2. In the detection of crime and to prosecute their perpetrators reports and information referred to in paragraph 1. 1, may only be made to the courts and prosecutors, on request.

3. the Council of the district (City) and the Council of the municipality on the basis of the reports and the information referred to in paragraph 1. 1, may determine by resolution, relevant to the local community safety and public order.

4. Resolution, referred to in paragraph 1. 3, cannot involve the implementation of a particular business activity or specify how to perform the task by the police.

5. See powiatowi (municipal) Police are required to make the Commission's safety and order, at the request of its Chairman, the documents and information on police work in the County, with the exception of the personal act of the employees and officers of emergency materials, reconnaissance or JITs and act in individual cases.

6. The provisions of paragraph 1. 1 shall not apply to the Commander of the CBŚP.

Article. 11. [the request to restore the conformity of the legal order or take action to prevent infringement] 1. Mayor (Mayor, city President) or mayor may request from the competent Police Commissioner to restore the conformity of the legal order or take action to prevent infringement, and to remove threats to security and public order.

2. The request referred to in paragraph 1. 1 can not apply to emergency operations reconnaissance, joint investigation teams and law enforcement activities. This request may not relate to the implementation of specific professional activities or specify how to perform the task by the police.

3. the Mayor (Mayor, city President) or mayor shall bear sole responsibility for the content of the request referred to in paragraph 1. 1.4. The request referred to in paragraph 1. 1, passed orally must be confirmed in writing.

5. the competent police, without delay, submit to the case to the Police Commissioner of higher degree, if it is not able to complete the request referred to in paragraph 1. 1.6. The request referred to in paragraph 1. 1, violating the law is invalid. On the invalidity of the request States the Governor.

7. The provisions of paragraph 1. 1 shall not apply to the Commander of the CBŚP.

Article. 12. [Delegation] 1. The competent Minister for Home Affairs specifies by regulation: 1) Police armament;

2) uniform, dystynkcje and identification of police officers;

3) rules and wearing uniforms and orders, decorations, medals and badges;

4) standard uniforms;

5) and mode of transmission of the banner of organizational units of the police;

6) police badges and the detailed rules and mode of their broadcasting policemen.

2. the Commander in Chief of the police determine the rules for the accrual police staff.

Article. 13. [financing Police] 1. The costs associated with the functioning of the police are to be covered from the State budget.

1a. the research institutes, referred to in article 1. 4 paragraph 1. 3 paragraph 3, receive State subsidies and signs to finance current operations involving the performance of police tasks, and in particular: 1) conduct research and development in the implementation of the tasks referred to in article 1. 1 paragraphs 1 and 2. 2 paragraph 3 and 4;

2) maintenance, and development of surveillance data, including the data referred to in article 1. 1 paragraphs 1 and 2. 2 paragraph 10;

3) maintenance, and development of the infrastructure necessary for the collection and processing of fingerprint data referred to in article 1. 428 paragraph. 1 section 4 of the Act of 12 December 2013. the Aliens ' (OJ, item 1650) and art. 119 paragraph 1. 1, paragraph 6 of the law of 13 June 2003 on granting protection to aliens in the territory of the Republic of Poland (Journal of laws of 2012.680);

4) implementing tasks in international cooperation, including the exchange of Dactyloscopic data and results of analysis of deoxyribonucleic acid (DNA), carried out on the basis of the set and agreements and international agreements;

5) exercise of the tasks of the unit empowered to approve technical specifications and to prove deprivation of deactivated firearms of any kind, referred to in article 1. 6a, paragraph 1. 1 and 4 of the Act of 21 May 1999 on arms and ammunition (Journal of laws of 2004, no. 52, p. 525, as amended);

6) performance of the tasks of supervisory Police Chief merits of forensic laboratories commands the provincial police;

7) the realization of the right to the salaries and other charges from the official police officers serving in those units.

2. Police Posts determines the budget law.

3. units of local government, State agencies, associations, foundations, banks and insurance agencies may participate in the financing investment expenditure, retrofit or renovation, and the costs of maintenance and operation of the organizational units of the police, as well as purchase necessary for their needs for goods and services.

3A. (repealed).

3B. (repealed).

3 c (repealed).

4. At the request of the District Council or the Council of the municipality police constables preserves the number of posts and police stations in the county or municipality can be increased more than the number of fixed on the principles referred to in article 1. 12 paragraph 1. 2, if those authorities shall ensure that the costs of maintaining Police posts for a period of at least 5 years, on the conditions laid down in the agreement concluded between the authority of the county or municipality and Commander of the provincial police and approved by the Chief of police.

4A. The Council of the county or the Municipal Council may delegate, on the conditions laid down in the agreement concluded between the executive body of the county or municipality and Commander of the district (municipal) police, financial measures constituting own resources the county or municipality, for the police for the purpose of: 1) cash compensation for time of service in excess of the standard referred to in article 1. 33 para. 2, 2) award for excellence in service for police officers of appropriate topical commands district (municipal) and police stations who carry out tasks from the scope of the preventive service.

4B. The agreement referred to in paragraph 1. 4A, specifies in particular: 1) types of statutory tasks of the police, financed under the agreement: a) performed beyond the standard referred to in article 1. 33 para. 2, b) you can be awarded for achievements in the service;

2) height and and deadlines for financial resources, referred to in paragraph 1. 4A;

3) assessing the correctness of the implementation of the agreement.

4. a Police Fund, hereinafter referred to as "the Fund", consisting of funds: Central, provincial and Police Schools.

4 d Fund is fund it.

4E. The financial resources obtained by the police in the manner and under the conditions laid down in paragraph 1. 3 and 4a on the basis of agreements or arrangements by: 1) Commander in Chief of the police – are the Central Fund revenue;

2) commanders respectively provincial or commander of the Metropolitan Police or their commanders district (city, district) Police-are revenues provincial funds;


3) Commandant of the higher school of police and Chief of police schools-are income fund Schools.

4F. The Fund are intended to: 1) covering investment expenditure, retrofit or renovation, and the costs of maintenance and operation of the organizational units of the police, as well as purchase necessary for their needs for goods and services;

2) cash compensation for police officers for service in excess of the standard referred to in article 1. 33 para. 2;

3) awards for police officers for achievements in service.

4 g. Fund resources have: 1) Commander in Chief of the police in the Central Fund;

2) provincial commanders or Commanding Police-capital-provincial funds;

3) Commandant of the higher school of Police Commanders and police schools – in terms of Police Schools Fund.

4 h. Commander in Chief of police shall draw up an overall financial plan and the combined financial statements of the Fund.

4ha. changes to amounts of income and expenses of the Fund included in the financing plan of the Fund and of the transfer expenditure between the different positions of the plan shall be made by the authorising officer shall fund.

4hb. (repealed).

4hc. (repealed).

4I. The proper Minister of the Interior in consultation with the competent Minister of public financies shall determine, by regulation, detailed rules for the financial management of the Fund and the mode and time limits for drawing up his plans and financial statements, taking into account the provisions of contracts and agreements and the rational management of resources.

5. The proper Minister of the Interior in consultation with the competent Minister of public financies shall determine, by regulation, the specific terms of the agreement referred to in paragraph 1. 4. Article. 13A. (repealed).

Article. 13b. [feast of the Police] Day July 24, is established the feast of the police.



Chapter 3 the powers of the police Article. 14. [the steps taken by the police] 1. Within the limits of their tasks the police performs these steps: emergency reconnaissance, investigation of inquiry and order administration to: 1) recognition, prevention and detection of crimes and offences;

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

3) seeking people who as a result of the event where you cannot determine the place of their residence must be found in order to ensure the protection of their life, health or freedom, hereinafter referred to as "missing persons".

2. The police also performs the actions in the order of the Court, the Prosecutor, bodies of State administration and territorial self-government in the extent to which this obligation was specified in separate laws.

3. Police officers in the course of performing their duties are obliged to respect human dignity and respect for and protection of human rights.

4. The police in order to carry out statutory tasks may use data about a person, including in electronic form, obtained by other bodies, and State institutions as a result of the emergency activities of reconnaissance and process them within the meaning of the Act of 29 August 1997 on the protection of personal data (Journal of laws of 2002, No 101, item 926., as amended.) without the knowledge and consent of the data subject.

5. the data controller, referred to in paragraph 1. 4, is obliged to provide personal data to the officer designated in the personal authorization of Police Chief, Commander CBŚP, Chief Provincial Police or a police officer, after the presentation of this authorization and the legitimacy of the business. The fact to share such data shall be protected on the basis of the law of 5 August 2010 on the protection of classified information (Journal of laws No. 182, item. 1228).

5a. The police may, to the extent necessary for the exercise of its statutory tasks, use the information stored in the national criminal information center.

5b. in order to perform the tasks in the control of the road, referred to in article 1. 129 of the Act of 20 June 1997-Law on road traffic (OJ of 2012.1137, as amended), the police can lead search for information via the national contact point in accordance with the conditions referred to in article 1. 80 k-AC Pro 60 of this Act.

6. the President of the Council of Ministers shall determine by regulation: 1) the scope, conditions and mode of transmission of Police information, obtained by the authorities empowered to perform emergency operations reconnaissance during these activities, taking into account the possibility of refusing the transfer of information or limit the scope of such information due to prevent implementation of the statutory tasks of those authorities or the disclosure of a person non-officer of these bodies, and the way in which information on request including using equipment and systems;

2) the authorization referred to in paragraph 1. 5, having regard to the data needed to identify an authorized police officer and the need to define the term of validity of the authorisation.

7. (repealed).

Article. 15. [police powers in the course of operations] 1. Police officers by following the steps referred to in article 1. 14, have the right: 1) authorizing persons to establish their identity;

2) stopping people in the manner and cases referred to in the provisions of the code of criminal procedure and other laws;

2A) retention of persons deprived of their liberty, which, on the basis of the authorisation of the competent authority left the remand or prison and within the time limits have not returned to him;

3) stopping people posing in a clearly a direct threat to human life or health, as well as for the property;

3A) download from fingerprint fingerprints or swab of cheek mucosa: a) in the manner and cases referred to in the provisions of the code of criminal procedure and the Act dated 22 November 2013, the proceedings against persons with mental disorders posing danger to life, health or the sexual freedom of other persons (Journal of laws of 2014, item 24), b) with a view to identifying persons of unknown identity and people trying to hide their identity If the identification is not possible in any other way, c) with their consent, in order to identify missing persons or human corpses of unknown identity;

3B) download fingerprint fingerprints or biological material from human corpses of unknown identity;

4) search people and premises in the manner and cases referred to in the provisions of the code of criminal procedure and other laws;

4A) observe and record using technical means image from the premises for detainees or incoming to a sobering, police boards of the child, the rooms and temporary transient;

5) making personal checks, as well as viewing the contents of luggage and checking of cargo in ports and stations and in means of transport by land, air and water, where there is reasonable suspicion of having committed offence;

5A) observe and record using the technical means of the image events in public places, and, in the case of emergency activities-administrative-the ordinal and reconnaissance under the Act – and the sound accompanying events;

6) request assistance from State institutions, government bodies and local government and businesses activities in the field of general interest; These institutions, bodies and entrepreneurs are obliged, within the scope of its operations, to provide this assistance, in the field of applicable law;

7) seek necessary assistance to other businesses and social organizations, as well as return to in case of emergency, to any person for emergency aid within the framework of the applicable laws;

8) (repealed).

2. A person in custody pursuant to paragraph 1. 1 paragraph 3 shall have the powers provided for a person in custody in the code of criminal procedure.

3. Detention of persons can be applied only when other measures have proved to be pointless or ineffective.

4. the person stopped, referred to in paragraph 1. 1, paragraph 3, can be produced, photographed or daktyloskopowana only if his identity cannot be determined otherwise.

5. the Person arrested should be promptly subjected to – in case of need-medical examination or grant her medical first aid.

6. The activities referred to in paragraph 1. 1 should be performed in a manner that infringes the least possible personal persons against whom shall be taken.

7. For the conduct of activities referred to in paragraph 1. 1, complaint to the locally competent public prosecutor.

7A. the person arrested may be placed in the room of the organizational unit of the police or the room of the organizational unit of border guards for the detainees.

7B. the premises for detainees or incoming to a sobering, non-transient and temporary transitional can create and endure the provincial commanders and the Commander of the police Capital.


8. the Council of Ministers shall determine, by regulation, conduct in the exercise of the powers referred to in paragraph 1. 1 paragraph 1, 2a, 3, 3a (e). (b) and (c), 3b and 5 – 7, and specimens of the documents used in these matters, with a view to ensuring the effectiveness of the actions taken by the police and respect for the rights of persons to whom these measures are taken.

8A. (repealed).

8B. (repealed).

9. The proper Minister of the Interior, in consultation with the competent Minister for health, shall determine, by regulation, to carry out the medical examination referred to in paragraph 1. 5, taking into account the cases justifying the need for the immediate award of a person in custody medical first aid or the need to undergo the necessary medical examinations, time and organization of these tests and how they document.

10. The proper Minister of the Interior shall determine by regulation: 1) the conditions which should be rooms in the organizational units of the police for those detained or incoming to a sobering, the extent of documentation and model documents falling within its composition, 2) conditions, which should be rooms in the organizational units of the police, in which you can put the person detained or brought to the execution time of the duties , waiting for transport to the premises for detainees or incoming to a sobering or to the Police Board of the child or to prison, 3) conditions to which should correspond to the temporary transitional spaces, which can be created outside of the organizational units of the police, in which you can put the person detained or brought in connection with the violation of the legal order, for the time necessary to take decisions to further the extent and the nature of the projects to those duties 4) conditions, which should correspond to the Police Board of the child, 5) terms and conditions of residence of persons in public areas, rooms and Chambers, referred to in paragraph 1. 1, point 4a, having regard to their location, equipment, technical conditions of the premises and the necessary components, 6) way of storing and destruction of records an image from the premises, rooms and Chambers, referred to in paragraph 1. 1, point 4a, and share their authorized bodies and appropriate security conditions established to protect against the loss, image distortion or unauthorized disclosure-driven 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 measures are taken.

11. image records Collected from the premises, Chambers and rooms referred to in paragraph 1. 1, point 4a, containing evidence to initiate criminal proceedings or proceedings in cases of misconduct, disciplinary action, or may be used in proceedings under investigation or evidence relevant to the pending such investigations, the police stores for a period of at least 30 days, but not beyond 60 days from the date of registration, and then destroys.

Article. 15A. [stop Mode the perpetrators of domestic violence] police officer has the right to stop the perpetrators of domestic violence posing a direct threat to human life or health as specified in art. 15. Article. 16. [coercive Measures] 1. In the cases referred to in article 1. 11 paragraph 1 – 6 and 8 – 14 of the Act of 24 may 2013. coercive measures and firearms (OJ poz. 628), police officers may use coercive measures, referred to in article 1. 12 paragraph 1. 1 paragraphs 1 to 13 and 17 to 20 of this Act, or the use of these measures.

2. In the cases referred to in article 1. 45 (1) (a). and (c) and (e), paragraphs 2, 3 and 4 (b). (a) and (b) and in article 3. 47 of the Act of 24 may 2013. coercive measures and firearms, police officers may use firearms or use it.

3. use and the use of coercive measures direct and firearms and documenting this usage and the use is carried out on the principles set out in the Act of 24 may 2013. coercive measures and firearms.

Article. 16A. [coercive Measures to the minor] To minor to a Police Board of the child, in the cases referred to in article 1. 11 paragraph 1 – 3, 8, and 10 – 14 of the Act of 24 may 2013. coercive measures and firearms, police officers can use coercive measure referred to in article 2. 12 paragraph 1. 1, point 1, paragraph 2 (a). a and b, paragraphs 3, 4, 6, 7, paragraph 12 (a). a and section 13 of this Act.

Article. 17. (repealed).

Article. 18. [the conditions for the use of offices and detachments of the Polish armed forces] 1. In the event of threats to public security or public policy, in particular through the introduction: 1) the dangers of universal life, health or freedom of citizens, 2) direct threat to property in large sizes, 3) direct threat objects or equipment important to safety or defence of the Member State, of the central authorities or the justice, economy or national culture and diplomatic representations and consular offices of foreign States or international organisations as well as the protective formation armed with surveilled objects created on the basis of separate provisions, 4) threats of crime of terrorist nature or his achievements in relation to the objects of particular importance for safety or defence of the Member States, or that could result in danger to human life, if the use of troops and Police detachments will prove to be insufficient, to help troops and pododdziałom Police can be used branches and sub-units of the Polish armed forces , hereinafter referred to as "armed forces".

2. (repealed).

3. the use of the armed forces, in the cases referred to in paragraph 1. 1, is based on the provisions of the President of the Republic of Poland issued at the request of the President of the Council of Ministers.

4. the aid referred to in paragraph 1. 1, may also be granted in the form of carried out independently by the branches and sub-units of the armed forces to counter the threat or making the offence referred to in paragraph 1. 1 paragraph 4, where the branches and sub-units of the police do not have the capabilities to effectively counter these threats.

5. In urgent cases, the decision to grant the aid referred to in paragraph 1. 1 and 4, the Minister of national defence shall, at the request of the Minister of Internal Affairs, specifying the scope and form of the aid, by notifying it immediately the President of the Republic of Poland and the Prime Minister.

6. The President of the Republic of Poland shall issue an order to approve or repeal the decision referred to in paragraph 1. 5.7. Soldiers and detachments of the armed forces to help affiliates and pododdziałom the police are entitled to the extent necessary for the performance of their tasks, to all people, the powers of police officers referred to in article 1. 15 and art. 16. The use of these powers is on the principles and set out for the cops.

8. the Council of Ministers shall determine by regulation: 1) the specific terms and conditions and how to use branches and subdivisions of the police and armed forces;

2) how to coordinate the actions undertaken by the police and the armed forces in the form referred to in paragraph 1. 1 and 4;

3) mode for the exchange of information and the way of logistics support Police carried out with the help of branches and subdivisions of the armed forces.

9. the regulation referred to in paragraph 1. 8, should take into account: 1) the degree of risk to public safety or public order, including the crime of terrorist nature, and the foreseeable development of the situation;

2) continuity of command, including the branches of the armed forces;

3) protection of the information exchanged and the extent of logistical support to the police.

Article. 18A. [the use of the soldiers of the military police] 1. In the event of threats to security and public order, if the Police Force are not sufficient for the performance of their tasks in relation to the protection of security and public order, the President of the Council of Ministers, on a proposal from the Minister of Internal Affairs agreed with the Minister of national defence, may order the use of soldiers of the military police to help police.

2. In the case referred to in paragraph 1. 1, the soldiers of the military police, to the extent necessary for the performance of their tasks, to all people, the powers of police officers referred to in article 1. 15 and art. 16. The use of these powers is on the principles and set out for the cops.

Article. 18B. [the use of border guards] 1. In the event of threats to public safety or public order, if the use of the police will prove to be insufficient, the competent minister of the Interior may order the use of border guards to assist police.

2. the aid referred to in paragraph 1. 1, may be granted by the border guards also in the form of stand-alone activities.


3. the officers of the border guard to perform business tasks of assisting the police, to the extent necessary to perform the tasks, the powers of police officers referred to in article 1. 15 paragraph 1. 1 paragraphs 1-3 and 4-5a and article. 16, with the exception of the permissions to use the water or the use of restraints. The use of these powers is on the principles and set out for the cops.

Article. 18. [the use of devices that prevent telecommunications] 1. In the cases referred to in article 1. 18 paragraph 1. 1, Commander in Chief of the police or the Commander of the Provincial Police may order the use by the police of devices that prevent telecommunications in a defined area, by the time necessary to eliminate the risk or its effects, taking into account the need to minimize the effects of the use of telecommunications services.

2. Use of equipment referred to in paragraph 1. 1, Commander in Chief of the police or the Commander of the Provincial Police shall immediately inform the President of the Office of electronic communication.

Article. 19. [operational Control] [1] 1. In carrying out emergency operations reconnaissance, undertaken by the police in order to prevent, detect, determine the perpetrators, as well as obtain and persist the evidence prosecuted with the public prosecution, intentional crimes: 1) against life, referred to in article 1. 148-150 of the criminal code, 2) referred to in article 1. 134. 135 § 1, article. 136 § 1, article. 156 § 1 and 3, article. 163, paragraph 1 and 3, article. 164, paragraph 1, article. 165 § 1 and 3, article. 166, art. 167. 173 § 1 and 3, article. 189. 189A, art. 211a, article. 223. 228 § 1 and 3 – 5, art. 229 § 1 and 3 – 5, art. 230 section 1, art. 230A § 1, article. 231 § 2, art. 232. 245. 246, art. 252 § 1-3, art. 258. 269. 280 – 282, art. 285 § 1, article. 286 section 1, art. 296 § 1-3, art. 296A § 1, 2 and 4, art. 299 § 1 – 6 and art. 310 § 1, 2 and 4 of the criminal code, 2a) referred to in article 1. 46 paragraph 1. 1, 2 and 4, art. 47 and article. 48 para. 1 and 2 of the Act of 25 June 2010 about sports (OJ No 127, poz. 857, as amended), 3) against the economic revolution, referred to in article 1. 297-306 of the criminal code, causing injury or against property, if the amount of damage or the value of the property exceeds the pięćdziesięciokrotną height of the lowest remuneration for work specified on the basis of separate regulations 3a) against the sexual freedom and social morality, when the victim is a minor or where the pornographic content referred to in article 1. 202 of the criminal code, include participation of a minor, 4), if the value of the Act or depletion of public duties exceed pięćdziesięciokrotną the height of the lowest remuneration for work specified on the basis of separate provisions, 4a), referred to in article 1. 107 § 1 of the criminal code Commissioners, 5) illicit manufacture, possession or dealing in, arms, munitions, explosives, narcotic drugs or psychotropic substances or their precursors and nuclear materials and radioactive 6) referred to in article 1. 8 of the Act of 6 June 1997 – introductory provisions criminal code (Journal of laws No. 88, item 554, as amended), 7) referred to in article 1. 43-46 of the Act of 1 July 2005, download, storage and transplantation of cells, tissues and organs (Journal of laws No. 169, poz. 1411, with 2009 No. 141, item 1149, 2010 No. 182, item 1228 and 2011 No. 112, item 654), 8) [2] prosecuted under contracts and international agreements, when other measures have proved ineffective or unsuitable , the District Court may, by order, prescribe operational control, at the written request of the Commander in Chief of police or the commanding CBŚP, made after obtaining the written consent of the Attorney General, or at the written request of the Commander of the Provincial Police, made after obtaining the written consent of the District Attorney's proper due to the applicant authority to the police.

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

2. the order referred to in paragraph 1. 1, it seems the District Court jurisdiction due to the applicant authority to the police.

3. In urgent cases, if this could result in the loss of information or obliteration or destruction of evidence of the crime, the police commander in Chief, Commandant of the CBŚP or Chief Provincial Police may order, after obtaining the written consent of the competent public prosecutor, referred to in paragraph 1. 1, operational control, addressing at the same time, to the jurisdiction of the District Court with a request for an order in the case. In the event of failure by a court approval within 5 days from the date of the order of operational control, the management authority suspends the operational control and the Protocol, the Commission's destruction of the materials collected during its application.

4. (repealed).

5. If you need to order the operational control to a person suspected or accused person, in the application of the police authority, referred to in paragraph 1. 1, for operational control shall be provided information about ongoing to that person.

6. Operational Control is carried out implicitly and consists of: 1) controlling correspondence;

2) controlling the contents of packages;

3) [3] the use of technical means for obtaining implicitly information and evidence and their persisting, and, in particular, the content of telephone conversations and other information transmitted via telecommunications networks.

7. The request of the police, referred to in paragraph 1. 1, order by District Court operational control should include, in particular: 1) case number and its code name, if it has been rendered;

2) a description of the crime with the Administration, as far as possible, its legal qualification;

3) the circumstances justifying the need for operational control, including the known ineffectiveness or uselessness of other measures;

4 persons) or other data for the unambiguous definition of the subject or the subject, to which operational control will be used, with an indication of the place or manner of its use;

5) the purpose, time and type of operational control, referred to in paragraph 1. 6.8. Operational control is managed for a period not longer than 3 months. The District Court may, at the written request of the Commander in Chief of police, Commander of the CBŚP or commander of the Provincial Police, made after obtaining the written consent of the competent public prosecutor, referred to in paragraph 1. 1, for a period not exceeding 3 months, spend a one-time provision to extend the operational control of, if not the reasons of this control.

9. In justified cases, when the application of operational control there will be new circumstances relevant to prevent or detect crime or determine the perpetrators and obtain evidence of a crime, the District Court, at the written request of the Commander in Chief of police, made after obtaining the written consent of the Attorney General, may make provision for operational control by the time well after the expiry of the periods referred to in paragraph 1. 8.10. Applications referred to in paragraph 1. 3, 8 and 9 shall apply mutatis mutandis to paragraph 1. 1A and 7. The Court before the provisions referred to in paragraph 1. 1, 3, 8 and 9, take note of the materials connected with the proposal, in particular the crowd while taking operational control of ordered in this case.

11. applications referred to in paragraph 1. 1, 3 to 5, 8 and 9, the circuit court recognizes a single judge, and court actions related to recognition of these proposals should be carried out under the conditions laid down for the transmission, storage and sharing of classified information and the relevant use of legislation issued on the basis of article 181 § 2 of the code of criminal procedure. The meeting of the Court may attend only the Prosecutor and a representative of the Police Authority, the applicant for the order of operational control.

12. operators carrying out activities of the telecommunications and postal service operators are obliged to provide at its own expense, technical and organizational conditions for the conduct by the police operational control.

13. Operational Control should be completed as soon as possible after the termination of the causes of its order, at the latest at the expiry of the period for which it was introduced.

14. The Police Authority, referred to in paragraph 1. 1, it shall inform the competent public prosecutor about the results of the operational control of after its completion, and on request also for this control.

15. in the case of obtaining evidence to initiate criminal proceedings or which are relevant to the ongoing criminal proceedings, Commander in Chief of police, Commander of CBŚP or the Commander of the Provincial Police shall transmit to the Prosecutor, referred to in paragraph 1. 1, all the materials collected during the application of operational control. In proceedings before a court, in respect of those materials, shall apply mutatis mutandis to article. 393 § 1, first sentence, of the code of criminal procedure.

15A. the use of evidence obtained during the application of operational control is permissible only in criminal proceedings in the case of a crime or an offence in respect of which tax is permitted use of such control by any qualified entity.


15B. The Prosecutor, referred to in paragraph 1. 1, shall decide on the scope and use of supplied materials. Article. 238 § 3-5 and art. 239 of the code of criminal procedure shall apply mutatis mutandis.

15. If as a result of the application of operational control was obtained evidence of the offence or tax offences for which you can order the operational control, committed by a person, to which has been applied operational controls, other than covered by the management of operational control, or the offence committed by another person, of consent to its use in the criminal proceedings shall adjudicate by order of the Court which ordered the operational control or have given her consent referred to in paragraph 1, the mode. 3, at the request of the public prosecutor, referred to in paragraph 1. 1.15 d. The request referred to in paragraph 1. 15 c, the Prosecutor to the Court not later than within one month from the date of receipt of the materials collected during the application of operational control, given to him by the Police immediately, but not later than within 2 months from the date of termination of this control.

15E. The Court shall make an order referred to in paragraph 1. 15 c, within 14 days from the date of submission of the application by the public prosecutor.

16. The person to whom the operational controls to be applied, it does not provide the materials collected during the inspection. Provision is without prejudice to the powers arising under article 3 (4). 321 of the code of criminal procedure.

17. Information collected during the application of the operational control of materials containing evidence to initiate criminal proceedings or evidence relevant to the ongoing criminal proceedings are immediately, protokolarnemu and the Commission proposal aiming. The destruction of the Police Authority manages the materials that applied for operational control.

17A. Release Notes and the execution of the order for the destruction of the materials referred to in paragraph 1. 17, the police authority is obliged to immediately inform the public prosecutor, referred to in paragraph 1. 1.18. (repealed).

19. (repealed).

20. On the decision of the Court concerning the operational control referred to in paragraph 1. 1, 3, 8 and 9, the complaint the police authority which submitted the request for the issuance of that order. To the complaint shall apply mutatis mutandis the provisions of the code of criminal procedure.

21. The proper Minister of the Interior, in consultation with the Minister of Justice and the Minister for communications, determines by regulation, how to document the operational control and storage and transmission of requests and orders, as well as the storage, transmission and processing and destruction of materials obtained during the implementation of this control, taking into account the need to ensure the implicit nature of the steps taken and obtained the materials and designs used prints and records.

22. The proper Minister of the Interior presents annually to the Sejm and to the Senate about the activities referred to in paragraph 1. 1-21, including the information and data referred to in article 1. 20(2). 3. The information must be presented to the Sejm and the Senate until 30 June of the year following the year covered by it.

Article. 19A. [purchase controlled] 1. In cases of offences referred to in article 1. 19 paragraph. 1 emergency operations reconnaissance to verify previously obtained reliable information about the crime and the perpetrators and obtain evidence of a crime can rely on making implicitly acquisition, disposal or acquisition of crime-related items, which forfeited, or whose production, possession, transport or marketing is prohibited, as well as acceptance or giving benefits.

2. Emergency Operations reconnaissance, referred to in paragraph 1. 1, can rely also on the Assembly proposals for the acquisition, disposal or acquisition of crime-related items, which forfeited, or whose production, possession, transport or marketing is prohibited, as well as the adoption of the awards or financial gain.

3. the Commander in Chief of police, Commander CBŚP or commander of Provincial Police may order, for a specified period, the activities referred to in paragraph 1. 1 and 2, after obtaining the written consent of the District Attorney's proper due to the established authority of Police applicant, which keeps the results of the tests carried out. The public prosecutor may order the abandonment of activities at any time.

3A. Before the adoption of the written consent of the Prosecutor, take note of the materials connected with carrying out activities referred to in paragraph 1. 1 and 2.

4. The activities referred to in paragraph 1. 1 and 2, manages to not more than 3 months. Commander in Chief of police, Commander CBŚP or commander of Provincial Police may, after obtaining the written consent of the Prosecutor, referred to in paragraph 1. 3, a single prolonged steps on no longer than 3 months, if not the reasons their Ordinance. The provision of paragraph 1. 3A shall apply mutatis mutandis.

5. In justified cases, when the application of the activities referred to in paragraph 1. 1 and 2, there will be new facts relevant to the verification of previously obtained reliable information about the crime and the perpetrators and obtain evidence of a crime, the police commander in Chief, Commandant of the CBŚP or Chief Provincial Police may, after obtaining the written consent of the Prosecutor, referred to in paragraph 1. 3, the order to continue the steps by the time well after the expiry of the periods referred to in paragraph 1. 4. the provision of paragraph 1. 3A shall apply mutatis mutandis.

6. The activities referred to in paragraph 1. 1 and 2, may be implicitly logged by using recording devices or sound.

7. in the case of obtaining evidence to initiate criminal proceedings or which are relevant to the ongoing criminal proceedings, Commander in Chief of police, Commander of CBŚP or the Commander of the Provincial Police shall transmit to the Regional Prosecutor, referred to in paragraph 1. 3, all the materials collected during the application of the activities referred to in paragraph 1. 1 and 2. In proceedings before a court, in respect of those materials, shall apply mutatis mutandis to article. 393 § 1, first sentence, of the code of criminal procedure.

8. Information collected during the application of the activities referred to in paragraph 1. 1 and 2, materials not containing evidence to initiate criminal proceedings or evidence relevant to the ongoing criminal proceedings are immediately, protokolarnemu and the Commission proposal aiming. The destruction of the materials the police authority manages, who applied for the order.

8A. The release and the execution of the order for the destruction of the materials referred to in paragraph 1. 8, the police authority is obliged to immediately inform the public prosecutor, referred to in paragraph 1. 3.9. The competent Minister of the Interior, in consultation with the Minister of Justice, shall determine, by regulation, the manner of carrying out and documenting the steps referred to in paragraph 1. 1 and 2, as well as the transfer, processing and destruction of material obtained while taking these steps, taking into account the need to ensure the implicit nature of the steps taken and obtained the materials and designs used prints and records.

Article. 19b. [Order discreet surveillance of objects of the crime] 1. In order to document the crimes referred to in article 1. 19 paragraph. 1, or the identification of the people involved in these crimes, or the acquisition of items of the crime Police Commander in Chief, Commandant of the CBŚP or Chief Provincial Police may order implicit overseeing the manufacture, handling, storage and marketing of objects of the crime, if not create a threat to human life or health.

2. the order referred to in paragraph 1. 1, it shall inform without delay the District Attorney, due to management actions to Police Authority Headquarters. The public prosecutor may order the abandonment of activities at any time.

3. the authority of the police, referred to in paragraph 1. 1, keeps the district attorney about the results of the tests carried out.

4. In accordance with the order referred to in paragraph 1. 1, authorities and public institutions, and entrepreneurs are required to prevent the further carriage of consignments of items in intact or after they are removed or replaced in whole or in part.

5. in the case of obtaining evidence to initiate criminal proceedings or which are relevant to the ongoing criminal proceedings, Commander in Chief of police, Commander of CBŚP or the Commander of the Provincial Police shall transmit to the Prosecutor, referred to in paragraph 1. 2, all the materials collected during the application of the activities referred to in paragraph 1. 1. In proceedings before a court, in respect of those materials, shall apply mutatis mutandis to article. 393 § 1, first sentence, of the code of criminal procedure.

6. the competent Minister of the Interior, in consultation with the Minister of Justice, shall determine, by regulation, the manner of carrying out and documenting the steps referred to in paragraph 1. 1, taking into account the need to ensure the implicit nature of the steps taken and obtained the materials and designs used prints and records.


Article. 20. [Police Powers related to obtaining and gathering information] 1. The police, with behavior restrictions arising under article 3 (4). 19, can obtain information, including implicitly, collect them, check and process.

2. (repealed).

2A. The police may collect, obtain, collect, process and use in order to undertake the tasks of the legal information, including personal information, with the following persons, without their knowledge and consent: 1) persons suspected of committing offences prosecuted with public prosecution;

2) minors committing offences by law as a crime prosecuted public prosecution;

3) people of unknown identity or trying to hide your identity;

4) hazardous persons, referred to in the Act of 22 November 2013, the proceedings against persons with mental disorders posing danger to life, health or the sexual freedom of others;

5) people wanted;

6) people missing.

2AA. The police, in order to carry out the tasks laid down by law, may collect, obtain, collect, process, test and use the information, including personal data obtained or processed by the authorities of other countries and by the International Criminal Police Organization – INTERPOL.

2. Police may provide information, including personal data, to prevent or combat crime, authorities of other States or the International Criminal Police Organization-INTERPOL, referred to in paragraph 1. 2AA, on the terms and in the mode specified in the Act of September 16, 2011 on the exchange of information with the law enforcement authorities of the Member States of the European Union (OJ No. 230, item 1371), in European Union law and in the provisions of international agreements.

2B. The information referred to in paragraph 1. 1, 2a, 2aa and 2ab, apply to persons referred to in paragraph 1. 2A and may include: 1) the personal data referred to in article 1. 27 paragraph. 1 of the law of 29 August 1997 on the protection of personal data, that data on the genetic code includes information only about the niekodującej part of the DNA;

2) fingerprints;

3) photos, sketches, and descriptions of the image;

4) features and special characters, the aliases;

5) the following information: a) place of residence or stay, b), education, profession, and place of work and financial situation and the State of property, c) documents and objects, which the offender is, d) how the offender, its environment and contacts, e) behaviour of the offender to victims.

2 c. the information referred to in paragraph 1. 2A, not where they do not have fitness wykrywczej probative, or identity in the proceedings.

3. If this is necessary for effective crime prevention set out in article 2. 19 paragraph. 1 or their detection or determine the perpetrators and obtain evidence, the police may use information concerning insurance contracts, and in particular with the processed data by insurance entities, including those which have concluded an insurance contract, as well as processed by the banks information constituting bank secrecy.

4. Information and data referred to in paragraph 1. 3, and the information associated with providing such information and data shall be subject to the protection provided for in the legislation on the protection of classified information and can be accessed only by police carrying out the steps in a particular case, and their superior, entitled to supervision carried out by them in this emergency operations-identification. Files containing the information and data made available in addition, only the courts and prosecutors, if this occurs for the purpose of criminal prosecution.

5. information and data referred to in paragraph 1. 3, shall be made on the basis of the order made at the written request of the Commander in Chief of police, Commander of the CBŚP or commander of the Provincial Police by the circuit court jurisdiction due to a resident of the requesting authority.

6. the application referred to in paragraph 1. 5, should contain: 1) case number and its code name, if it has been established;

2) a description of the crime with the Administration, as far as possible, its legal qualification;

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

4) an indication of the entity whose information and data;

5) the obligation to provide information and data;

6) type and range of information and data.

7. Following examination of an application, the Court, by order, agree to share information and data referred to the entity, specifying their nature and scope, the entity responsible for their share, and the police authority entitled to ask for the transfer of information and data or refuses to consent to share information and data. Provision of art. 19 paragraph. 11 shall apply mutatis mutandis.

8. The order of the Court referred to in paragraph 1. 7, entitled complaint Police Authority, the applicant for an order.

9. Holder by Court Police Authority in writing inform the entity obliged to provide information and data on the nature and extent of the information and data to be shared, entity, the information and the data subject, and person a police officer authorised to take them back.

10. Within 90 days from the date of communication of the information and data referred to in paragraph 1. 3, police, subject to paragraph 2. 11 and 12, it shall inform the body referred to in paragraph 3. 6, paragraph 4, of the court order which expresses consent to share information and data.

11. The Court which issued the order the release of information and data, at the request of the Commander in Chief of police or the commanding CBŚP, made after obtaining the written consent of the Attorney General, may suspend, by way of the provisions on time, with the possibility of further extension, the obligation referred to in paragraph 1. 10, if it is ascertained that inform the entity referred to in paragraph 1. 6, paragraph 4, may harm the outcome of the emergency actions taken reconnaissance. Provision of art. 19 paragraph. 11 shall apply mutatis mutandis.

12. If during the period referred to in paragraph 1. 10 or 11 was initiated an investigation, indicated in paragraph 1. 6, paragraph 4 shall be notified of the court order the release of information and data by the Prosecutor or, at his command, by the police prior to the closure of the preparatory proceedings or immediately after its closure.

13. If the information and data referred to in paragraph 1. 3, did not provide grounds for the initiation of a criminal investigation, the applicant for an order in writing inform the entity that the information and data transmitted.

14. The Treasury is responsible for damage caused in violation of the provisions of paragraph 1. 4 on the principles set out in the civil code.

15. The police in order to prevent or detect crime and identify persons may obtain, collect and process information, including personal data, from the collections of the carried out on the basis of separate provisions by the public authorities and, in particular, from the national criminal register and the register of SOCIAL SECURITY, including from the collections, in which processes the information, including personal data, obtained as a result of the exercise of these authorities of the emergency activities of reconnaissance. Administrators of the data collected in these registers are required to share them.

16. public authorities leading the records referred to in paragraph 1. 15 may, by decision, agree to share using telecommunication information stored in the records of the organizational units of the police, without the need for the submission of written submissions, if the units: 1) have to register in the system, who, when, what, and what the data obtained;

2) have technical and organisational security preventing the use of the data in accordance with the objective to obtain them;

3) it is justified by the specificity of or the scope of tasks or activities.

16A. The personal data referred to in paragraph 1. 2A, 2aa, 2 and paragraphs 1 and 2. 15, with the exception of personal data referred to in article 1. 27 paragraph. 1 of the law of 29 August 1997 on the protection of personal data, the police can process: 1) for any purpose other than that for which the data were collected, obtained, transferred, shared or stored-if it is necessary to carry out the tasks laid down by law to the police;

2) for historical, statistical or other scientific-if they are modified in such a way that the assignment of the identification number or specific physical characteristics, physiological, mental, economic, cultural or social identified or identifiable natural person or assignment of such would require disproportionate costs, time or activities.

17. the personal data collected for the detection of the offence shall be kept for a period necessary to achieve the statutory tasks of the police. Police authorities shall verify the data after the end of the case, in which they are made to the collection, and not less than every 10 years from the date of obtaining or download information by removing unnecessary data.


17A. personal data deemed unnecessary can be converted in such a way that the assignment of the individual personal information or property to a specific or identifiable natural person or in such a way that the classification of such would require disproportionate costs, time or activities.

17B. The personal data referred to in paragraph 1. 17, is removed, if the Police Authority has credible information that: 1) the Act giving rise to the introduction of information into the collection not vitiated or no data are sufficiently justifying the suspicion of its Commission;

2) event or circumstance, in connection with which the information has been introduced to the collection, there is the constituent elements of criminal act;

3) to which the data subject, has been acquitted by a final judgment of the Court.

18. personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, religious affiliation, or Union membership, and data about health, addictions or sexual life of persons suspected of committing offences prosecuted from the public prosecution, which have not been convicted of these crimes, are subject to a Commission proposal aiming protokolarnemu and destroyed immediately after validation of a relevant decision.

19. The proper Minister of the Interior shall determine, by regulation, the mode of collection, processing information, including personal data, referred to in paragraph 1. 2A, 2aa and 2, in the collection of the data, the types of police services eligible for these collections, model documents applicable in the processing of the data, and how to evaluate the data for their suitability in the proceedings, taking into account the need to protect data against unauthorized access and the conditions for abandoning collect certain types of information, and, in the case of the information referred to in paragraph 1. 2AA and 2, taking into account the need to adapt to the requirements laid down by the authorities of the other Member States or by the International Criminal Police Organization-INTERPOL indicated in paragraph 1. 2AA in connection with downloading or obtaining this information.

Article. 20A. [measures to protect policemen, methods, implementation of tasks, information and objects of the police] 1. In connection with the performance of the tasks referred to in article 1. 1 paragraphs 1 and 2. 2 the police provides protection forms and methods of carrying out the tasks, information and their own properties and identification data.

2. in carrying out emergency operations reconnaissance officers may use documents that are preventing the establishment of data identifying the policeman and the measures in the performance speaks of business tasks.

3. In particularly justified cases the provision of paragraph 1. 2 may apply to persons referred to in article 1. 22 paragraph 1. 1.3a. Do not make the offence: 1) who directs the preparation or the making of the documents referred to in paragraph 1. 2 and 3;

2) who shall draw up the documents referred to in paragraph 1. 2 and 3;

3) who provide assistance in the completion of the documents referred to in paragraph 1. 2 and 3;

4) a police officer or a person referred to in paragraph 1. 3, if the documents referred to in paragraph 1. 2 and 3, use in carrying out emergency operations reconnaissance.

3B. the authorities of the Government and local government authorities are required to provide police, within the limits of its jurisdiction, the necessary assistance for and securing the documents referred to in paragraph 1. 2 and 3.

4. The proper Minister of the Interior shall determine, by regulation, the detailed rules for and the issuance, use, and storage of the documents referred to in paragraph 1. 2 and 3, taking into account the types of documents and the purpose for which they are issued, authorities and persons entitled to the issuance, use and storage of documents, the time for which documents are issued, operations to ensure the protection of documents and their storage and records.

Article. 20b. [Condition the ability to grant certain protected information] for information about the detailed forms, rules and organization of emergency operations and reconnaissance carried out actions and measures and methods of their implementation can take place only when there is a reasonable suspicion of an offence of public prosecution wanted in connection with the performance of those activities. In this case the following information as specified in art. 9 of the Act of 21 June 1996 on certain employees of the Office, powers the Minister responsible for Home Affairs and the officers and employees of the offices supervised by the Minister (Journal of laws No. 106, item 491, as amended).

Article. 20 c. [provision of telecommunications data] 1. [4] in order to prevent or detect crime, police may have provided the data referred to in article 1. 180 c and 180d of the Act of 16 July 2004 – telecommunication law (Dz. u. Nr 171, poz. 1800, as amended), hereinafter referred to as "telecommunications data", and can process.

2. The operator of a telecommunications activity provides free telecommunications data: 1) the police officer indicated in a written proposal, Commander in Chief of police, Commander CBŚP, Commander of the Provincial Police or a person authorized by them;

2) on the oral request of a police officer who has written authorization of persons referred to in paragraph 1;

3) via the telecommunications network the officer with written authorization of persons referred to in paragraph 1.

2A. In the case referred to in paragraph 1. 2 paragraph 3, telecommunications data sharing without participation of employees of company established telecommunications or by necessary their participation, if such a possibility is provided for in the agreement concluded between the Commander of the Main Police and this entity.

3. (repealed).

4. (repealed).

5. The provision of data may be a telecommunications Police via the telecommunications network if: 1) used telecommunications networks provide: a) the possibility of identification of the person generating the data type and the length of time in which they were obtained, b) security technical and organisational measures to prevent an unauthorized access to the data;

2) is justified by the specificity of or the scope of the tasks performed by the organizational units of the police or of their actions.

6. Materials obtained as a result of actions taken on the basis of paragraph 1. 2, which contain information relevant to criminal proceedings, the police shall provide the competent topically and materially to the Prosecutor.

7. Materials obtained as a result of actions taken on the basis of paragraph 1. 2, which do not contain information relevant for criminal proceedings, are subject to a Commission proposal aiming protokolarnemu and immediately destroyed.

8. (repealed).

Article. 20 d. [disclosure of beneficiaries of postal service] 1. Data on persons using postal services and data on the fact and the circumstances of the provision or use of those services may be disclosed to the police and it processed solely for the purpose of preventing or detecting criminal offences and their perpetrators.

2. the disclosure referred to in paragraph 1. 1, follows: 1) a written request from the Commander in Chief of police, Commander of the CBŚP or commander of the provincial police;

2) request to a police officer who has written authorization of persons referred to in paragraph 1.

3. the entities entitled to provide postal services, under the Act of 23 November 2012.-postal law (OJ item 1529) are obliged to share data, referred to in paragraph 1. 1, police indicated in the request body.



Article. 20Da. [Powers of the police in order to search for missing persons] 1. In order to search for missing persons, the police may have: 1) provided the data referred to in article 1. 180d of the law of 16 July 2004 – telecommunication law, and can process; the provisions of article 4. 20 c of paragraph 1. 2, 2, 5 and 6 shall apply;

2) disclosed data about people using postal services and data on the fact and the circumstances of the provision or the use of these services and can process; the provisions of article 4. 20 d of paragraph 1. 2 and 3 shall apply.

2. Materials obtained as a result of acts referred to in paragraph 1. 1, which do not contain information relevant for the search for missing persons, are subject to a Commission proposal aiming protokolarnemu and immediately destroyed.

Article. 20E. [rules of operation support system of command of the police] 1. Police Command support system, hereinafter referred to as "the SWD police", is the electronic system to support the execution of the tasks of the laws by the agencies of the police, as well as the submissions of the alarm with emergency centres, referred to in the Act of 22 November 2013, the emergency system (OJ. 1635).

2. the Commander in Chief of the police provides the maintenance, expansion and modification of the SWD.

3. the maintenance, expansion and modifications to the SWD the police are financed from the State budget, part of which have is the competent minister for Home Affairs.

4. The proper Minister of the Interior shall determine, by regulation, functional parameters SWD police, how its operation in emergency situations and how to maintain, taking into account the need to ensure the optimal level of cooperation between the system's emergency Police and SWD.


Article. 21. [information about] 1. Providing information about the person obtained during emergency operations reconnaissance and referred to in article 2. 14 paragraph 1. 4, is only allowed at the request of the Court or the public prosecutor, and the use of this information can only be for the purpose of criminal prosecution.

2. The prohibition referred to in paragraph 1. 1 does not apply, if the law requires or allows the provision of such information to a particular authority or such obligation arises from international agreements or arrangements, as well as in cases where the concealment of such information would lead to a threat to life or health of other persons.

3. (repealed).

4. (repealed).

Article. 21A. [collection of DNA data] 1. The police commander in Chief leads a set of data that contains information about the results of the analysis of deoxyribonucleic acid (DNA), hereinafter referred to as "a collection of DNA data", which is the data controller within the meaning of the Act of 29 August 1997 on the protection of personal data.

2. In the collection of DNA data collects and processes: 1) the information referred to in paragraph 1. 1, in relation to: a) the persons referred to in art. 74 and article. 192a of the code of criminal procedure, (b)) people of unknown identity and people trying to hide their identity, c) human corpses of unknown identity, d) traces of unknown offenders, e) hazardous, referred to in the Act of 22 November 2013, the proceedings against persons with mental disorders posing danger to life, health or the sexual freedom of other people, f) missing persons, g) referred to in article 1. 15 paragraph 1. 1 paragraph 3a (e). c, h) minors committing offences by law as a crime prosecuted public prosecution;

2) data on persons referred to in paragraph 1 (b). a and e-h, including: a) first names, last names or pseudonyms, b) names of the birth parents of these people, c) date and place of birth, d) designation and identification features of the identity document, e) home address, SOCIAL SECURITY number), g) nationality and gender.

3. in the context of the collection of DNA data accumulates samples collected from an individual or from cadavers, for analysis of deoxyribonucleic acid (DNA), in the form of swabs of cheek Mucosa, blood, hair or secretions, and in respect for human biological material in the form of samples of tissues, hereinafter referred to as "biological sample".

4. Commander in Chief of police shall verify the data collected in the collection of DNA data, using appropriate recipe article. 20(2). 17. Article. 21B. [basis for the introduction of data into a database of DNA] the information referred to in article 1. 21A paragraph. 1, is inserted into the DNA data collection on the basis of the order: 1) the investigating authority or the Court, in the case of analysis of deoxyribonucleic acid (DNA) made in connection with criminal proceedings, the proceedings in the cases of minors or investigation specified in the Act of 22 November 2013, the proceedings against persons with mental disorders posing danger to life, health or the sexual freedom of others;

2) the locally competent authority the police – in the case of persons of unknown identity, people trying to hide their identity, human corpses of unknown identity, missing persons and the persons referred to in article 1. 15 paragraph 1. 1 paragraph 3a (e). (c) article. 21 c [provision of information contained in a data set of DNA] of the information collected in the collection of DNA data shall be granted free of charge to the authorities conducting the criminal proceedings, the proceedings in the cases of minors or leading activities or wykrywcze.

Article. 21d. [time of storing DNA data set] 1. Biological samples and information about the results of the analysis of deoxyribonucleic acid (DNA) are stored in the collection of DNA data for up to 20 years and used to combat crimes or identification of people.

2. Biological Samples and information about the results of the analysis of deoxyribonucleic acid (DNA) suspected, accused or convicted in connection with committing crimes or misdemeanours referred to in sections XVI-XX, XXV and XXXV of the criminal code, persons referred to in article 1. 94 § 1 of the criminal code, as well as people posing threat, referred to in the Act of 22 November 2013, the proceedings against persons with mental disorders posing danger to life, health or the sexual freedom of other people, can be stored in the collection of DNA data for up to 35 years.

3. Stored in a data set of DNA samples and information about the results of the analysis of deoxyribonucleic acid (DNA) missing persons, persons referred to in article 1. 15 paragraph 1. 1 paragraph 3a (e). (c), and human corpses of unknown identity are used to identify missing persons or human corpses of unknown identity.

4. Commander in Chief of police shall verify biological samples and the information referred to in paragraph 1. 3, not more than 10 years after their introduction to the collection for the appropriateness of their further processing or use.

Article. Section 21E. [procedure to remove information from a collection of DNA data] 1. Delete the information referred to in article 1. 21A paragraph. 1, from a collection of DNA data and the destruction of biological samples shall be made, the Commission appointed by the Commander in Chief of the police, the drawing up of the following protocol, in relation to persons: 1) that have been uniewinnione-immediately after the judgment becomes final;

2) which were discontinued criminal proceedings – after the expiry of a period of limitation of criminal offence;

3) in respect of which criminal proceedings were discontinued conditionally-after the expiry of a period of limitation of criminal offence;

4) referred to in article 1. 15 paragraph 1. 1 paragraph 3a (e). (b), and the corpses of the men, whose identity has been established;

5) referred to in article 1. 192a of the code of criminal procedure, if the further processing of the information in the DNA data collection and storage of biological samples is unnecessary for the proceedings, in the course of which they were collected;

6) missing-as soon as they find;

7) referred to in article 1. 15 paragraph 1. 1 paragraph 3a (e). c – as soon as you find the missing person or after the deposit of the application for the removal of information.

2. Remove the information referred to in article 1. 21A paragraph. 2 (1) (a). (c), (f) and (g), from a set of DNA data, as specified in paragraph 1. 1 shall be made even where the verification referred to in article 1. 21d paragraph 1. 4, niecelowość was found to further processing or the use of this information by the police.

Article. 21f. [Free access to spatial data and related services] 1. SWD Police obtained free of charge, through the central emergency system, referred to in article 2. 78 para. 4, paragraph 1 of the law of 16 July 2004 – telecommunication law, information about the location of the network termination, from which was made a connection to emergency number 112 or another emergency number, and data about the Subscriber, referred to in article 1. 78 para. 2 of the Act of 16 July 2004 – telecommunication law.

2. SWD Police access to free of charge obtained spatial data and related services, made available through the system, referred to in article 1. 40(2). 3E Act of 17 May 1989 – right of geodetic and cartographic (Journal of laws of 2010, # 193, poz. 1287, as amended).

Article. 21 g [the processing of personal data in the SWD Police] 1. The police may process the data obtained in connection with the operation of the emergency Declaration, referred to in article 1. 2 section 2 of the Act of 22 November 2013, the emergency system, including the reporter and other people, that the notification relates.

2. the Commander in Chief of the police 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 Commander in Chief of police may authorise the managers of organizational units of the police, the grant of and the withdrawal, on its behalf, the authorisation to the processing of personal data in the SWD Police for persons involved in the processing of these data.

4. the head of the organizational unit of the police, referred to in paragraph 1. 3, creates and updates the register of persons authorized to the processing of personal data in the SWD.

5. with regard to the data referred to in paragraph 1. 1, shall not apply to the obligation referred to in article 1. 24 paragraph. 1 of the law of 29 August 1997 on the protection of personal data.



Article. 21. [collection of fingerprint data] 1. The police commander in Chief leads the following collection of fingerprint data, which is an administrator within the meaning of the Act of 29 August 1997 on the protection of personal data: 1) Central Registraturę Daktyloskopijną, in which are collected fingerprint card and chejroskopijne containing the fingerprints of persons;

2) Automatic fingerprint identification System, in which they are collected and processed information about the fingerprint data fingerprint people, unidentified fingerprint traces from the crime scene and fingerprint traces, which may derive from the missing persons.

2. In the collection of fingerprint data are collected and processed: 1) with the following information: a) of persons suspected of committing crimes prosecuted from the public prosecution, b) minors committing offences by law as a crime prosecuted from the public prosecution,


(c) hazardous), referred to in the Act of 22 November 2013, the proceedings against persons with mental disorders posing danger to life, health or the sexual freedom of other people, (d)) wanted persons, e) unidentified fingerprint traces from crime scenes, f) fingerprint traces, which may derive from the missing persons;

2) information about individuals collected in the collection referred to in paragraph 1. 1 paragraph 1, including: a) first names, last names or pseudonyms, b) names of the birth parents of these people, c) date and place of birth, d) designation and identification features of the identity document, e) home address, SOCIAL SECURITY number), g) nationality and gender, h) and case number, and) the place and reason for the daktyloskopowania;

3) information about individuals collected in the collection referred to in paragraph 1. 1 paragraph 2, including: a) fingerprint fingerprint images b) year of birth, c) sex, d) type of registration, e) the date of registration, f) recording unit;

4) information concerning unidentified fingerprint traces from crime scenes, including: a) images fingerprint traces b) date and place of security, c) the category of crime, d) unit which will record all holdings, e) designation and number of the case;

5) information about traces of fingerprints, which can come from the missing persons, including: a) images of fingerprint traces b) date and place of security, c) the category of event, d) unit which will record all holdings, e) designation and case number.

3. In the collection of fingerprint data is processing information about people of unknown identity or trying to hide their identity and human corpses of unknown identity, including: 1) fingerprint fingerprint images;

2) gender;

3) designation and case number.



Article. 21. [enter information to harvest Dactyloscopic data] Information to the collections of Dactyloscopic data placed on the basis of a proposal from the investigating authority or the search for missing persons.



Article. 21J. [information collected in the collection of fingerprint data] of the information collected in the collection of fingerprint data and 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 leading activities or wykrywcze.



Article. 21 k [storage and use of information gathered in the collection of fingerprint data] Information about the persons referred to in article 1. 21 h of paragraph 1. 2 (1) (a). (a) to (d), are stored in the collection of fingerprint data and used to combat crimes or identification of people.



Article. 21 l [Review and delete information from the collection of fingerprint data] 1. Commander in Chief of police shall verify the information about the persons referred to in article 1. 21 h of paragraph 1. 2 (1) (a). (a) to (d), collected in the collection of fingerprint data by applying respectively art. 20(2). 17.2. Information about the persons referred to in article 1. 21 h of paragraph 1. 2 (1) (a). (a) to (d) are deleted from the collection of fingerprint data with respect to persons: 1) that have been uniewinnione-immediately after the judgment becomes final;

2) which were discontinued criminal proceedings – after the expiry of a period of limitation of criminal offence;

3) in respect of which criminal proceedings were discontinued conditionally-after the expiry of a period of limitation of criminal offence;

4) aged 80. year of life;

5) dead.



Article. 21. [about unidentified footsteps of fingerprint and fingerprint traces, which may derive from the missing persons] 1. Information about the unidentified fingerprint traces from crime scenes are stored in the collection of the data referred to in article 2. 21 h of paragraph 1. 1 paragraph 2, not later than the time of limitation of criminal offence. This information is removed after the expiry of a period of limitation of criminal offence or at the request of the Registrant reported after analysis of collected materials.

2. Information about the fingerprint traces, which can come from missing persons, are stored in the collection of the data referred to in article 2. 21 h of paragraph 1. 1 paragraph 2, until you can find or determine the whereabouts of the missing persons, no more than 55 years. This information shall be removed immediately in the case of a finding or determination of the place of residence of the missing person at the request of the unit leading the search for or over 55 years of age.



Article. 21N. [Deleting information from a collection of fingerprint data] to delete information from a collection of fingerprint data, including the destruction of fingerprint cards and chejroskopijnych, the Commission appointed by the Commander in Chief of the police, the drawing up of the following protocol.

Article. 22. [using non-policemen] 1. The police in carrying out their tasks may be assisted by persons other than policemen. It is prohibited to disclosure of data about a person assisting the police in the field of emergency operations reconnaissance.

1a. Disclosure of data about a person, referred to in paragraph 1. 1, can occur only in the cases and referred to in article mode. 9 of the Act, referred to in article 1. 20b. 1b. Data about a person, referred to in paragraph 1. 1 may be disclosed at the request of the public prosecutor, also in case of reasonable suspicion of committing that crime was the public prosecution in connection with the performance of emergency operations reconnaissance; disclosure of the data as specified in art. 9 of the Act, referred to in article 1. 20b. 2. For the aid referred to in paragraph 1. 1, non-policemen may be granted compensation.

2A. the costs undertaken by the police emergency operations reconnaissance, for which due to the protection referred to in article 1. 20A para. 1-3, may not be applied the provisions of the public finance and accounting, as well as the remuneration of the persons mentioned in paragraph 1. 1, shall be charged to the operating fund for this purpose that you are creating.

3. The proper Minister of the Interior shall determine by way of interlocutory procedures, rules for creating and management of operational fund.

4. If at the time of use and in connection with the use by the police with the help of persons referred to in paragraph 1. 1, these people have lost their lives or suffered damage to health or damage to property, compensation on the principles and set out in the Minister of internal affairs.



Chapter 3a Flag and trademarks Art. 22A. [Flag craft Police] craft Police allege as flag State flag with the emblem of the Republic of Poland, specified in separate regulations.

Article. 22B. [raising the flag of the police on the craft Police] 1. At run time, the tasks set out in the Act craft Police raise, irrespective of the flag the flag police.

2. The proper Minister of the Interior shall determine, by regulation, the model flag the police, the circumstances and the conditions its lifting and marking of vessels and aircraft, as well as trademarks used on them by the police at night, having regard to the placement of the flag and the flags on vessels, with an indication of which of them raise the flag of the police, and Police aircraft, determining which of them labelled with the symbol of the police.



Chapter 4 (repealed) Article. 23. (repealed).

Article. 24. (repealed).



Chapter 5 Police Service Article. 25. [requirements for candidates to serve in the police] 1. The police service can act as a Polish citizen of good repute who was convicted by a court for an offence or a crime, tax the full rights of the public, having at least secondary education and physical and mental ability to serve in the armed formations, subordinate to a particular discipline, which is ready to obey, as well as giving a guarantee of secrecy pursuant to the requirements laid down in the provisions on the protection of classified information.

2. adoption of a candidate to serve in the police force is after the qualifying procedure to determine whether a candidate meets the conditions of admission to the police service and the determination of its suitability to perform this service. The qualification procedure, subject to the provisions of paragraph 2. 3, consists of the following stages: 1) submission of the application for admission to the civil service, the personal questionnaire to departments, as well as documents showing required education and professional qualifications, and containing data about previous employment;

2) test of knowledge;

3) physical fitness test;

4) psychological test;

5) to conduct the interview;

6) to determine the physical and mental capacity to serve in the police;

7) verification of the records for, registers and directories veracity of data submitted in the questionnaire reply personal candidate for service;

8) conducting of the screening referred to in the provisions on the protection of classified information.

3. qualification Procedure in relation to an applicant for admission to the police: 1) as a member of the air staff, authorized as an airline in a specific specialty, 2) as a member of the medical staff in the Branch Office of prevention police,


3) who made the documents referred to in paragraph 1. 2 paragraph 1 within 3 years from the date of release from the service, if its performance obtained professional qualifications – consists of the stages referred to in paragraphs 1 and 2. 2, paragraph 1, and 5-8.

4. qualification Procedure manages and operates the Commander in Chief of the police or the Commander of the provincial (Budapest).

5. Commander in Chief of the police or the Commander of the provincial (Capital) Police refuses to submit a candidate a placement proceedings, or withdraws from his conduct in the case of: 1) failure to submit a complete set of the documents referred to in paragraph 1. 2, paragraph 1;

2) requirements referred to in paragraph 1. 1;

3) obtaining a negative result from one stage of the qualifying procedure, referred to in paragraph 1. 2 paragraph 3 – 6 and 8;

4) concealment or false data in the questionnaire, as referred to in paragraph 1. 2, paragraph 1;

5) drawbacks provided for in the qualifying procedure operation or stages of the proceedings;

6) accession to the qualifying procedure despite getting by him in previous qualifying procedure a negative result from the stage of the qualification referred to in paragraph 1. 2 paragraph 7 or 8, when with the information available to the Commander leading the proceedings shows that have not changed circumstances which form the basis of a negative result from the stage;

7) when there is justification in the staffing needs of the police.

6. Information about the result of the qualifying procedure are public information.

7. The proper Minister of the Interior shall determine by regulation: 1) the scope of the information about the scheduled qualifying procedure and how to make them;

2) mode and how to perform a qualifying procedure;

3) personal questionnaire referred to in paragraph 1. 2, paragraph 1;

4) filed under knowledge test and the extent and method of the test of physical fitness and psychological test;

5) way to assess candidates and preferences from the title held by them education or skills;

6) the end of the proceedings and the minimum qualifying period, after which the candidate service may restart to join the qualifying procedure or its various stages;

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

8. When issuing the regulation referred to in paragraph 1. 7, minister responsible for Home Affairs will take into account: the universality of access to information on the qualifying procedure for the steps to carry out the qualification procedure and establish the suitability of the candidate to perform duties in the police, as well as the need to ensure the efficient conduct of this investigation, the transparency of the applicable evaluation criteria, objectivity of results of the proceedings and the selection of candidates with the most features, abilities and skills useful to the performance of the tasks of the business.

Article. 25A. [transfer of an officer from another police service] 1. The border guard, Government Protection Bureau, customs service, the State fire service, the internal security agency, foreign intelligence agency, the Military Intelligence Service, the Military Counterintelligence Service or the central anti-corruption Bureau can be transferred at his own request, to serve in the police if it has special predisposition to her performance.

2. The officer referred to in paragraph 1. 1, to serve in the Police moves in concert with the main Commander of the border guard, the head of the Government Protection Bureau, head of the customs service, the Commander of the Main State fire, the head of the internal security agency, the head of 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, Commander in Chief of the police with the consent of the Minister of internal affairs.

3. The border guard, Government Protection Bureau, the State fire service, the internal security agency, foreign intelligence agency, the Military Intelligence Service, the Military Counterintelligence Service or the central anti-corruption Bureau moved to serve in the Police maintains continuity of service.

4. The data protection officer to be transferred in, referred to in paragraph 1. 1, is not entitled to online check-in or any other charges provided for officers retiring from service.

5. The proper Minister of the Interior shall determine, by regulation, a detailed way and mode of conduct in relation to the officials referred to in paragraph 1. 1, having regard to the particular qualifications of predestynujące to serve in the police, the equivalence of periods of service and of the traineeship, and obtained in the existing units of professional qualifications with the police.

Article. 26. [Establishment physical and mental capacity to serve Police] 1. Physical and mental ability to serve shall determine the medical committees subordinate to the Minister competent for internal affairs.

2. [5] (repealed).

Article. 27. [oath] 1. Before the service police officer consists of the oath in accordance with the following: "I Rota, a citizen of the Republic of Poland, aware of the taken obligations of the police officer, I swear that I will faithfully, protect the Nation: serve established the Constitution of the Republic of Poland the legal order, guard the security of the State and its citizens, even risking their lives. By performing the task entrusted to me, I swear that I will diligently obey the law, remain faithful to the constitutional authorities of the Republic of Poland, abide by discipline and carry out orders and commands of superiors. I swear that I will guard the secrets related to the service, honour, dignity and reputation of the service and comply with the rules of professional ethics ".

2. The proper Minister of the Interior shall determine by way of interlocutory procedures, ceremonial vows, having regard to the conditions for, and the deadline for submission of the vow by police officers, the authorities empowered to adopt the vows, process and a way of documenting the vows and a model form of the Act of the vows.

Article. 28. [the appointment] 1. The ratio of the work of a police officer is formed by the appointment on the basis of voluntary application for duty.

1a. The appointment referred to in paragraph 1. 1 may: 1) for a period of preparatory service or candidate;

2) for contract services;

3) permanently.

1B. The appointment in the service of the contract may be issued after the conclusion of the agreement, hereinafter referred to as "the contract", concluded between the person who came to the service, and the superior referred to in art. 32 paragraph 1. 1.1 c. The contract is for a period of from 3 to 5 years. The conclusion of a contract with the same person may occur at most twice.

2. start the service counts from the date specified in the order to appoint a police officer.

3. The appointment may be made after completing compulsory military service, or when you move to the reserve.

4. Condition referred to in paragraph 1. 3 does not apply to women police officers in the service of the candidate, as well as to people starting studying or vocational training in schools, the Ministry of internal affairs.

5. The proper Minister of the Interior, by regulation, specifies the types and business card designs and other documents police officers, the authorities competent to issue and rules for entries in these documents.

Article. 28A. [contract Service] 1. The appointment in the service of the contract can take place on the basic position, if the person appointed has secondary education and was held in Police basic training or completed candidate service and undertakes to supplement the training base within the period specified in the contract.

2. the person deprived of secondary education may be appointed to a position referred to in paragraph 1. 1, if the qualification procedure demonstrates that this person special suitability for service in the police.

3. For a police officer in the service of the initial contract of 12 months service under the first contract is probation.

4. A police officer or supervisor referred to in art. 32 paragraph 1. 1, may declare in writing at the latest one month before the expiry of the probationary period, of its intention to termination. In this case, from the date of expiry of the trial period, a police officer shall be released from service.

5. in the case of the submission of the claims referred to in paragraph 1. 4, police officer fully contractual service still without a separate appointment.

6. No later than six months before the expiry of the period for which the contract was signed, police officer or supervisor referred to in art. 32 paragraph 1. 1, may apply for the conclusion of the next contract. In the case of the conclusion of the next COP contract fully still contractual service.

Article. 29. [preparatory service] 1. Person commissioned in the police appointed a policeman in the preparatory service for a period of 3 years.

2. After the expiry of a period of preparatory service police officer is appointed on a permanent basis.

3. In particularly justified cases superior, as referred to in article. 32 paragraph 1. 1, with the exception of the Commander of the district (municipal) police, can shorten the period of preparatory service of a police officer or release from hold of this service.

4. in the event of a break in the exercise by a police officer duties, lasting longer than 3 months, the superior may extend the period of his service preparation.


Article. 30. [the appointment of a person who is the subject of military qualifications for the position of police officer in the service of the candidate] 1. A person subject to the qualification of the military facing with its consent to serve in the prevention of Police appointed a police officer in the service of the candidate for the period referred to in article 2. 56 paragraph 1. 2 of the Act of 21 November 1967 on the universal obligation to defend the Republic of Poland (Journal of laws of 2004, no. 241, poz. 2416, as amended).

2. A police officer in the service of the candidate fully service on skoszarowanym.

3. Police officers in the service of the candidate perform only administrative tasks.

4. the period of candidate services include the period of preparatory service, if the interval between the candidate service and taking the preparatory service shall not exceed 3 months.

Article. 31. [Powers of persons taking exercise based on assignments, organizational and mobilisation] 1. Persons who according to the common law duty of defense held exercises in the organizational units subordinate to the Minister competent for internal affairs on the basis of assignments, organizational and mobilisation, in terms of the tasks assigned to them the powers of police officers referred to in article 1. 15 and art. 16.2. The powers and duties of the persons referred to in paragraph 1. 1, resulting from the ratio between the service shall determine separate rules.

Article. 31A. [Cover Police weaponised in time of war] 1. In the event of notice of mobilisation and during the war, the police may be covered by the weaponised, referred to in article 1. 174 paragraphs 1 and 2. 1 of the Act of 21 November 1967 on the universal obligation to defend the Republic of Poland.

2. Police officers in respect of work at the time of the announcement of mobilization or the outbreak of war, become the law policemen employed during the war and remained in this service until the release.

Article. 32. [entities authorized to appoint, transfer and release of policemen] 1. To the appointment of a police officer on duty, transfer and release of these positions competent superiors are: Commander in Chief of police, Commander of CBŚP, provincial commanders and powiatowi (urban) police and commanders of police schools.

2. the decision referred to in paragraph 1. 1, the police officer is a reference to a higher supervisor.

3. where the decision referred to in paragraph 1. 1, the law stipulates for the Commander in Chief of the police, a decision that is a reference to the Minister of internal affairs.

Article. 33. [Time duty policeman] 1. The time service of a police officer is specified dimension of his or her duties, including the right to rest.

2. the tasks of the work of a police officer should be fixed in such a way as to their implementation in the context of the 40-hour week service, in 3-month billing period.

3. In Exchange for the time of service in excess of the standard referred to in paragraph 1. 2 the officer shall be granted time off from service in the same dimension or can it be granted monetary compensation, referred to in article 1. 13 paragraph 1. 4A, paragraph 1.

4. The provisions of paragraph 1. 3 does not apply to a police officer authorized to function.

5. The number of hours of service in excess of the standard referred to in paragraph 1. 2, for which he was awarded monetary compensation, referred to in article 1. 13 paragraph 1. 4A, paragraph 1, shall not exceed 1/4 weekly service policeman in 3-month billing period.

6. the competent Minister of the Interior shall determine, by regulation, the distribution of service time, having regard to the weekly and daily hours of service, time service over fixed standard, as well as the introduction for cops shift time distribution services. Moreover, the regulation should specify the way of police officers roster of domestic, as well as the conditions and procedure for granting police the time off or for the award of monetary compensation, referred to in article 1. 13 paragraph 1. 4A, paragraph 1, and in addition, a group of police officers released from duty at night, Sundays and public holidays.

Article. 34. [the basis of appointment or appointment to the position of duty policeman] 1. The appointment or appointment to the position of business depends on the police officer education, obtain specific professional qualifications, as well as placement service in the police.

2. In particularly justified cases the police commander in Chief or Commandant CBŚP can give consent to the appointment to the position of duty police officer, also in the preparatory service, before the it professional qualifications and seniority of service required in this position, subject to requirements for training. The professional qualifications of a police officer is obliged to get before being appointed on a permanent basis.

3. a condition for obtaining professional qualifications necessary for appointment to the position of business is to complete by a police officer: 1) training base;

2) vocational training for graduates;

3) Higher Police School.

4. The proper Minister of the Interior shall determine by regulation: 1) requirements in terms of education, professional qualifications and seniority of service, which should correspond to the police officers in positions of Chief Police and other official positions, and the conditions for the appointment to high office, having regard to the scope of their tasks;

2) the specific terms and conditions of vocational training and further training of the police, taking into account the types, forms, conditions and their purposes, as well as the Organization and the conduct of training and further training and the supervision of their implementation.

Article. 35. [Periodic reviewing service] 1. The police officer is subject to periodic evaluation of służbowemu.

2. the Cop take note of the opinion of the business within 14 days of its drawing up; He or she may within 14 days of get acquainted with the opinion of the appeal to a higher supervisor.

3. The proper Minister of the Interior shall determine, by regulation, a model form of professional reviews, detailed rules and mode of assessment officers, having regard to the conditions for the assessment and its frequency, the criteria taken into account in the evaluation of property of superiors for reviews, review officers with the opinion of the work and the procedure for making and handling appeals from the reviews.

Article. 35A. [procedure for determining a predisposition of a police officer to serve on specific positions] 1. A police officer may have to undergo a procedure specifying its predisposition to serve on specific positions, or in specific cells, by carrying out a physical fitness test, a psychological test or testing psychofizjologicznego.

2. The Test or tests are carried out by a competent organisational cell of the police.

3. In relation to the police officers serving or seeking to take service in the headquarters of the Police test and research manages the Commander in Chief of police.

3A. In relation to the police officers serving or seeking to take service in the CBŚP test and research manages the Commander CBŚP.

4. In relation to the police officers serving in the area of the territorial Commander of the action, subject to article 8. 6 paragraph 1. 3 and 4, test and research manages the provincial Chief of police.

5. The proper Minister of the Interior shall determine, by regulation, procedures and conditions for determining the physical or mental capacity to serve on specific positions, or in specific cells and Psychophysiological research, having regard to the list of organizational cells eligible for test or tests referred to in paragraph 1. 1, the list of organizational cells and positions work, for which the test or tests may be carried out, and the scope of the framework and methodology research on each of these posts.

Article. 36. [transfer of a police officer to perform duties in the village] 1. A police officer may be transferred to the service or posted to temporary duty in another organizational unit of the police or any other village of its own motion or on request.

2. To move or the posting of a COP right are: Commander in Chief of the police throughout the State, the Commander of CBŚP in relation to the police officer CBŚP within the organizational unit, the Commander of the Provincial Police in the area of the relevant province, Commander of district (municipal) Police in the area of the competent County (City). If a transfer between functionality, as well as between CBŚP and other organizational units of the police, in connection with the agreement concerned superiors and a police officer, a transfer is made the Commander of the provincial police department responsible for the province, in which a police officer is to serve, and in the case of transfer to CBŚP-Commander of CBŚP.

3. The time of the delegation shall not exceed 6 months. Commander in Chief of police or the commanding CBŚP in exceptional cases, it may extend the duration of the delegation for 12 months.

4. Commander in Chief of police may delegate a police officer, with his consent, to perform business tasks outside the police at home and abroad for a specified period.

5. The proper Minister of the Interior shall determine, by regulation, conditions and posting a police officer referred to in paragraph 1. 4, having regard to: 1) the nature or the scope of the tasks carried out at the time of posting, and relevant to their implementation of the institutions;


2) conditions receive and the amount of salary and other benefits from the work relationship;

3) types, the conditions for the grant and the amount of additional benefits to the secondment;

4) the possibility of limiting, in whole or in part the right to salary or other benefits from your work if you receive from a foreign source of remuneration or other benefits or entitlements intended to cover the costs of the secondment;

5) method of execution and scope of certain rights and obligations delegated, relating to the right to leave, business reporting and submission of information to your supervisor and the requirement to ensure that after posting the position of at least an equivalent position zajmowanemu before posting;

6) procedures and property of superiors and other entities and institutions, in particular with regard to the request for the secondment, the appeal of posting, as well as payment of duties delegated rights.

6. the regulation referred to in paragraph 1. 5, should make the terms of reference assigned to the type of tasks, the duration of the secondment, living conditions and maintenance costs relating to the secondment and the scope of rights and benefits granted at the time the posting was a foreign or other entity.

Article. 37. [to entrust the duties on a different position] police officer you can entrust the exercise of his duties to another position in the same town on time not exceeding 12 months; in this case the emoluments of a police officer may not be reduced.

Article. 37A. [transfer of a police officer at the disposal of the superior competent in matters of personal] police officer in the case of exemption from work position you can move to the disposal of the superior right of personal matters, for a period of: 1) prior to the appointment or appointment to other job title or release from service, of no more than 12 months;

2) exemptions from the obligation to perform business tasks, granted under the terms of the provisions of the trade unions;

3) delegation to perform business tasks outside the police in the country or abroad.

Article. 38. [conditions for the transfer of a police officer to a lower job title] 1. A police officer moves to lower job title if you bring disciplinary penalty designation to a lower position.

2. A police officer, you can move to a lower job title: 1) permanent incapacity to perform the service occupation by the medical board, if it is not possible to nominate him for the position of peers;

2) worthlessness occupation, established in the opinion of the business during the period of preparatory service;

3) fulfillment of official duties occupation, found in the duty fixed in two consecutive reviews work, between which it took at least 6 months;

4) the liquidation of a work position or for other reasons of reasonable organizational, when it is not possible to appoint him to another equivalent post;

5) you do not agree to the appointment to the position of business in the period remain at the disposal of the superior competent in matters personal, when it is not possible to appoint him to another equivalent post.

3. A police officer, you can move to a lower job title also at his request.

4. A police officer, who does not consent to transfer to a lower position for the reasons set out in paragraph 1. 2 may be released from service.

Article. 39. [the conditions for the suspension of the police officer in business operations] 1. The policeman freezes at official activities in case of initiation of criminal proceedings against him for the offence or crime, tax, shall be prosecuted with the public prosecution – for no longer than 3 months.

2. A police officer may be suspended in the business activities if the initiation of criminal proceedings against him in the case of a crime or an offence, of Treasury prosecuted public prosecution or disciplinary proceedings, if this is intentional because of good conduct or good service – for no longer than 3 months.

2A. If you bring against the police officer the indictment referred to in article 1. 55 § 1 of the code of criminal procedure provision in paragraph 1. 2 shall apply mutatis mutandis.

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

4. The proper Minister of the Interior shall determine, by regulation, suspending a police officer in business activities by his superiors, taking into account the authorities empowered to suspend a police officer in business activities, mode of contesting the decision to suspend and cases of tax evasion or expiration of a decision to suspend a police officer in business activities before the completion of the criminal proceedings.

Article. 40. [Referral policeman to the Medical Commission] police officer may be referred to the Medical Commission the underlying the Minister competent for internal affairs: 1) ex officio or on request – to determine the State of health and physical and mental abilities, as well as disease-specific connection with service;

2) from Office-in order to check the correctness of the rule on the temporary inability to serve due to illness or regularity of the use of sick leave.

Article. 40A. [obligation to undergo specialized psychological, and extra] [6] 1. The officer is obliged to be tested commissioned by the Medical Committee, including specialized tests, psychological and extra.

2. in the case of research carried out and collected documentation does not allow for the release of the decision, the officer may be assigned to observe in an entity, if it is on.

Article. 41. [conditions for exemption, a police officer from service] 1. A police officer shall be released from service in cases of: 1) permanent incapacity for service by the Medical Committee;

2) inadequacy, observed in the opinion of the business during the period of preparatory service;

3) assessment of disciplinary penalty of expulsion from the service;

4) a conviction for an offence final court or tax crime, intentional, indictable charges;

4A) by a court ruling by a criminal measure assessment in the form of a prohibition of the exercise of the profession of a police officer;

5) waiver of Polish citizenship or acquire the nationality of another Member State;

6) the expiry of the period specified in the service contract, if not you will be the conclusion of the next contract or appointment on a permanent basis;

7) the expiry of the period of the trial service contract, if a police officer or supervisor took advantage of the powers referred to in article 1. 28A paragraph. 4.2. A police officer may be exempted in cases: 1) fulfillment of official duties during the period of service or contract services, found in 2 more opinions, between which it took at least 6 months;

2) a conviction for an offence final court or tax offence other than those referred to in paragraph 1. 1 paragraph 4;

3) appointment to another State service, as well as the entry for the function of choice for local government bodies or associations;

4) entitlement to a pension in respect of the achievement of 30 years of pensionable service pension;

5) where required by the important interests of the service;

6) winding-up police unit or its reorganization and reduction of the regular cast, if the transfer of a police officer to another entity or to a lower job title is not possible;

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

7A) [7] two unjustified absence for studies, referred to in article 1. 40A paragraph. 1, or drawbacks to them, or in the case of two unjustified absence for observation in an entity, in the case of consent by the hearing officer, unless the referral to a medical Commission took place at the request of the hearing officer;

8) committing one of the acts of crime or tax offence when committing is obvious and impossible to remain in service;

9) the expiry of the 12 months the suspension of the work, if not the reasons giving rise to the suspension.

3. A police officer shall be released from service within 3 months from the date of written notification by the instances of the service.

3A. (repealed).

3B. (repealed).

4. In the cases referred to in paragraph 1. 2 paragraph 6 release followed by 6 months and, in the case of the preparatory service, after the expiration of 3 months from the date of the decision on the liquidation of the police unit or its reorganization.

Article. 42. [revocation or annulment of the decision to dismiss from service] 1. Set aside or annul the decision to dismiss from service in the police because of its defects is the basis for the restoration of service to the post of equivalent.

2. If released a police officer within 7 days of restore service does not report ready immediately take it, a business relationship is terminated on the basis of article. 41 paragraph 1. 3.


3. If after restoring service found that although the notification of the readiness undertake service police officer cannot be admitted to it, because when you release the circumstances causing the inability of its performance, the business relationship is terminated on the basis of article. 41 paragraph 1. 2 paragraph 5, unless there is another basis for the exemption.

4. The right to salary from the date of taking the service, unless the Declaration of service circumstances to justify the failure of this service.

5. The officer przywróconemu to serve are entitled for the period remain out of service cash benefit equal to the pay of the position occupied before releasing, but not more than 6 months and not less than 1 month. The same provision shall be entitled to a person referred to in paragraph 1. 3.6. The period for which the officer is entitled to cash benefit, does the period of service taken into account in determining the period, of which depend on the permissions specified in the article. 29. 2, art. 52 paragraph 1. 1, art. 82 paragraph 1. 2 and 3, article. 101 paragraphs 1 and 2. 1, art. paragraph 110. 1, art. 111 paragraph 1. 1 and art. 115 paragraph 1. 1. The period remain out of service, for which the police officer did not receive benefits, it is not considered a break in service in the terms of reference of addicted to the continuous its course.

7. the provisions of paragraphs 1 and 2. 1-6 shall apply mutatis mutandis to a police officer released from service on the basis of article. 41 paragraph 1. 2 paragraphs 8 and 9, if the criminal proceedings terminated by a final judgment or a judgment no need to uniewinniającym because of the decisions of the crime or tax offence or lack of laws the constituent elements of criminal act.

Article. 43. [specific cases related to the dismissal of a police officer with the service] 1. Release of a police officer with the service on the basis of article. 38 paragraph 2. 4 and art. 41 paragraph 1. 1 paragraphs 1 and 2 and paragraphs 1 and 2. 2, paragraph 1 and 4 shall not take place before the expiry of 12 months from the date of cessation of service due to illness, unless the police officer will report in writing to the instance of the service.

2. (repealed).

3. a police officer with the service on the basis of article. 41 paragraph 1. 2 paragraph 5 and 8 can be made after consultation with the organizations of the factory trade union officers.

Article. 44. [prohibition of dismissal from service of a police officer] 1. A police officer cannot be released from service during pregnancy, during maternity leave, under the terms of the additional maternity leave, maternity leave, additional leave under the terms of maternity leave, paternity leave, parental leave or parental leave, except in the cases referred to in article 1. 41 paragraph 1. 1 paragraphs 3 and 4 and paragraph. 2 paragraph 2, 3, 5, and 6.

2. in the event of dismissal of a police officer with the service on the basis of article. 41 paragraph 1. 2 paragraph 5 and 6 during pregnancy, during maternity leave, under the terms of the additional maternity leave, maternity leave, additional leave under the conditions of maternity, paternity or parental leave is entitled to his salary until the end of the period of pregnancy and the duration of the said leave.

Article. 44a. [powers the police officer to an exempted assembler from service at the time of parental leave] the officer to an exempted assembler based on art. 41 paragraph 1. 2 paragraph 5 and 6 at the time of parental leave is entitled to until the end of the period for which the vacation is given: 1) cash benefit paid on the basis of laws in force by payment of parental allowance;

2) other powers provided for workers made redundant from employment during parental leave, for reasons not involving staff. ";

Article. 45. [entities authorised to take a decision on the exemption or leave as a police officer] 1. Exemption from service pursuant to art. 41 paragraph 1. 2 paragraph 5 makes a competent Commander of the Provincial Police or Commander CBŚP.

2. Leave in the service of a police officer, referred to in article 2. 41 paragraph 1. 2, paragraph 2, requires the consent of a competent Commander of the provincial police.

3. in other cases, the decisions in the cases referred to in article 1. 37-41, take the superior is mentioned in the article. 32 paragraph 1. 1. Article. 46. [Testimony and opinion of the service] 1. Police officer released from service receives immediately the certificate service and at his own request feedback about the service.

2. the Cop may request rectification of the certificate service and appeal to a higher supervisor from reviews about the service within 7 days from the date of receipt of the opinion.

3. The particulars to be given in the certificate of the service and, in the opinion of the service, as well as issuing mode and certificates of service and dismissal from the service of the reviews, specify the competent minister of the Interior in legislation issued on the basis of art. 81. Article. 46A. [part Commander in chief police determine the conduct of documentation and personal file police] Commander in Chief of police determines by way of interlocutory procedures, rules of conduct by his superiors documentation in matters relating to the ratio of police work and how to keep personal records.



Chapter 6 Corps and police ranks Article. 47. [Bodies and police ranks] 1. Establishes a Police Corps and police ranks in the following order: 1) in the body of the Police generals: a) Inspector General of police b) Superintendent of police;

2) in the body of the older officers to the police: a) police inspector, b), c) Police Deputy Inspector police inspector;

3) in the body of the younger officers of the police: a) as undercommissioner police, b) Police Commissioner, c) closer to the police;

4) in the body of the aspirants Police: a) the aspirant police staff b) senior aspirant police c) aspirant police, d) younger aspirant police;

5) in the body of the police: a) staff sergeant of police, b) senior police sergeant, c) Police Sergeant;

6) in the body of the serial a) Police Senior Constable, b) police officer.

2. the Council of Ministers shall determine, by regulation, what military ranks, border guards, Government Protection Bureau, customs service, the State fire service, the internal security agency, intelligence agencies, military intelligence Services or Counterintelligence Services of the Military are assigned to which steps the police, having regard to the equivalence of the first degrees in individual bodies.

Article. 48. [entities authorised to appoint the individual degrees of police] 1. On degrees of police superior, shall be appointed by the Police serial body referred to in article 2. 32 paragraph 1. 1. The degree of posterunkowego shall be appointed on the date of appointment to the position.

2. at the degrees of police bodies and aspirants the police, as well as to degrees Commissioner and Police nadkomisarza, are appointed by the supervisor referred to in art. 32 paragraph 1. 1, with the exception of the Commander of the County (city, district) police.

3. On the first officer's degree, subject to article 22. 56 paragraph 1. 3, and the degrees of Inspector General of police and Ferrocarril de Police is appointed by the Polish President at the request of the Minister of internal affairs. The other officer ranks, subject to paragraph 2. 2, shall be appointed by the Commander in Chief of police.

Article. 49. [the appointment of the first degree in the non-commissioned officers and aspirants Police] 1. On the first level of the police in the police may be appointed as a police officer who meets the conditions set out in article 1. 25 paragraph 2. 1 or 2, he completed basic training and was appointed or appointed to the position for which you have specified the degree bodies non-commissioned officers, aspirants or police officers.

2. On the first degree of Police Corps aspirants Police may be appointed non-commissioned officer of the police, who satisfies the conditions referred to in article 1. 25 paragraph 2. 1 and was nominated or appointed to the position for which you have specified the degree housings, aspirants or police officers.

Article. 50. [the appointment on the first degree of the police in the body of the younger officers] On the first degree of the police in the body of the younger officers of the police may be appointed as a police officer who meets the conditions set out in article 1. 25 paragraph 2. 1, he completed his studies at the higher school of police or vocational training for graduates of higher education, has been appointed or appointed to the position for which you have specified in the body of the police officers, and made officer's exam.

Article. 51. (repealed).

Article. 52. [the appointment for the next higher degree of service] 1. The appointment of the next higher degree is according to the work position and depending on the reviews. Giving this degree may not, however, be less than przesłużeniu in the previous extent:-posterunkowego – 1 year-earlier posterunkowego – 1 year-Sergeant-2 years, senior Sergeant-2 years-staff sergeant-2 years-younger aspiranta – 3 years – aspiranta – 3 years – senior aspiranta – 2 years – aspiranta staff-4 years – podkomisarza – 3 years – Commissioner-4 years-nadkomisarza-4 years – podinspektora – 3 years – younger Inspector-4 years ,-the Inspector-4 years.


1a. In particularly justified cases the President of the Republic of Poland, at the request of the Minister of the Interior, may appoint Police Inspector on the degree of Ferrocarril de Police without the requirement of przesłużenia in the previous extent the period referred to in paragraph 1. the fifteenth indent.

2. (repealed).

3. In particularly justified cases, the competent minister for Home Affairs, on the proposal of the Commander in Chief of the police, may appoint any police officer to a higher degree, taking into account the restrictions resulting from the provisions of article 4. 48 para. 4 [8] and article. 49 and article. 50 paragraph 1. 1 [9].

4. In particularly justified cases: 1) the President of the Republic of Poland, at the request of the Minister of the Interior, may nominate for the first officer's degree and grades of Inspector police and Ferrocarril de police, 2) Commander in Chief of police may appoint the other degrees of police-a policeman who was killed in connection with the performance of their duties.

Article. 53. [Dożywotność degrees of police] 1. The degrees referred to in article 1. 47 are lifetime.

2. Police officers dismissed from service may use their degrees, referred to in article 1. 47, with the addition of the terms "at rest".

3. the degree of Loss listed in the article. 47 in case: 1) loss of Polish citizenship or 2) conviction final court decision on additional deprivation of rights to public or 3) final court conviction to imprisonment for an offence committed with the low motives.

Article. 54. [an agency authorised to reduce or deprivation of degree] 1. To lower extent decides the superior jurisdiction to appoint to this degree.

2. deprivation rank decides Police Commander in Chief.

3. To reduce the degree of or deprivation of degree Inspector General and Ferrocarril de Police decides the President of the Republic of Poland at the request of the Minister of internal affairs.

Article. 55. [the conditions for restoring the extent] 1. Gardai restores a degree of repealed: 1) a final conviction an additional penalty of deprivation of rights or 2) final sentencing to imprisonment for an offence committed with the low motives or 3) of the decision, on the basis of which there has been a deprivation of degree or 4) disciplinary penalty reduction.

2. the decision to reintroduce rank takes the Commander in Chief of police. In other cases, the decision to reintroduce the degree takes the superior jurisdiction to appoint to this degree.

Article. 56. [Acceptance to serve a person holding a military rank] 1. Person to be considered to serve and holding military rank are appointed on an adequate level of police.

2. The appointment referred to in paragraph 1. 1, is subject to the completion of the training referred to in art. 34 para. 3.3. At the time to serve a person holding military rank of second lieutenant on the appropriate first degree officers shall be appointed by the Commander in Chief of police.

4. A person to be considered for service on the basis of article. 25A, paragraph 1. 1 and with a degree of border guards, Government Protection Bureau, customs service, the State fire service, the internal security agency, intelligence agencies, military intelligence Services or Counterintelligence Services of the Military are appointed on an adequate level of police.

Article. 57. [Delegation] the competent Minister of the Interior shall determine, by regulation, the manner and mode of appointment of police officers in the police ranks and patterns of the application for appointment to the rank of police and the Act of appointment to the rank of police, as well as their preparation mode and supervisors of the competent in these matters, having regard to the conditions for exam officers ', its scope, and deadlines for submission, the police unit competent for the examination officers ' and dates of appointment to the police ranks.



Chapter 7 the obligations and rights of a police officer Art. 58. [obligation to conduct in accordance with the vow and refusing to execute orders of committing crime] 1. A police officer is obliged to keep the obligations arising from complex Rota vows.

2. A police officer is obliged to refuse to execute the order or command of the superior prosecutor, as well as commands the authority of State administration or local government, if the command or command will connect to the committing of the offence.

3. To refuse execution of the order or command, referred to in paragraph 1. 2, the police officer should check the main Commissioner of police without roads.

Article. 59. [an instance of an application to extend the deadline for the execution of commands] 1. The superior police officer who is not able to execute the command of the Court or the public prosecutor within the prescribed time limit or range, referred to in article 2. 14 paragraph 1. 2, is obliged to apply for the extension, amendment or repeal of the command.

2. in the case of unjustified failure to command within the prescribed period or, at the request of the Court or Prosecutor of superior police officer is initiating the disciplinary against him. The outcome of that procedure shall notify accordingly the Court or the Prosecutor.

Article. 60. [obligation to wear the proper uniform and equipment] 1. A police officer at the time of service is obliged to wear the proper uniform and equipment.

2. the Commander in Chief of police determines the cases in which a police officer during the performance of their official duties is not required to wear a uniform.

Article. 61. [to present a business card to the person concerned] 1. In the cases provided for in article 4. 60 paragraph 1. 2 police officer, following investigation, as well as the activities referred to in article 1. 14 paragraph 1. 2 and art. 15 paragraph 1. 1 point 2-4, is obliged to present a business card in such a way that the interested have the opportunity to read and record the number and the authority which issued the card, and the name of the police officer.

2. In the performance of other administrative activities-the ordinal collected by non uniformed man police officer is obliged at the request of the citizen be a business card or identification mark as specified in paragraph 2. 1. Article. 61A. [to maintain physical fitness] 1. A police officer is obliged to maintain physical fitness for the exercise of the tasks, in particular by participating in professional development, referred to in the provisions on specific conditions of vocational training and further training in the police.

2. Physical fitness referred to in paragraph 1. 1, based on the results of the physical fitness test.

Article. 62. [Taking by a police officer of another calling and a statement about the State of the property] 1. A police officer may not take calling out of service without the express written consent of the superior or perform actions or activities contrary to the obligations established by law or undermining confidence in the police.

2. A police officer is obliged to make a statement about its financial disclosure, including the assets of the conjugal wspólnością property, when establishing or resolving business relationship or employment relationship, annually and at the request of the superior right of personal matters. This statement should contain information about the sources and amount of generated income, your cash resources, real estate, shares and stocks in commercial companies, and, moreover, acquired by this person or her spouse from the Treasury, another State legal person, municipality or association intercommunaux de Bruxelles property, which was subject to the sale by tender. This statement should also contain data on the establishment and function in commercial companies or cooperatives, with the exception of the functions of the Supervisory Board of cooperative housing.

3. an annual financial disclosure statement consists of 31 March as at 31 December of the previous year.

4. the competent Superiors in personal matters or persons authorized by them, in order to perform the analysis of compliance with the facts of complex financial disclosure statements, they have the right of access to their content and processing of the data contained in them.

5. The information contained in the statement of financial disclosure are the secret of the legally protected and are subject to the protection provided for classified information about the classification "restricted" referred to in the provisions on the protection of classified information, unless the police officer who made the statement, expressed written consent to its disclosure, subject to the provisions of paragraph 2. 7.6. A statement of financial disclosure shall be kept for 10 years.

7. The information contained in financial disclosure statements of people who act as the police authorities shall be published, without their permission, on the right side of public information Bulletin, with the exception of data concerning the date and place of birth, social security number, place of residence and the location of the property.

8. The proper Minister of the Interior shall determine, by regulation, procedures in matters financial disclosure statements, the way analysis of their compatibility with the facts, and the pattern of a statement of financial disclosure and publishing the statements referred to in paragraph 1. 7, having regard to the scope of the data subject to financial disclosure statement.


Article. 62A. [obligation to inform about the decision by the spouse of economic activities in providing Detective Services or protection of people and property] police officer is obliged to inform the superior competent in matters of personal decision by the spouse or persons with him in a common household employment or other economic activities in providing Detective Services or protection of persons and property and taking in shares or shares and also about the fact of being a contractor within the meaning of the Act of 29 January 2004 public procurement law (Journal of laws of 2010 # 113, item 759, as amended) for the benefit of the authorities and bodies supervised and subordinate Minister competent for internal affairs, within 14 days from the date of receiving the information about the event.

Article. 63. [Prohibition of belonging to a political party] 1. A police officer cannot be a member of a political party.

2. upon acceptance of the police service continues his previous membership in a political party.

3. A police officer is obliged to inform the supervisor of belonging to national associations operating out of Commission.

4. Membership in the organization or Association of foreign or international requires permission Commander in Chief of the police or authorised by him.

Article. 64. [notification Order superior to European Union territory for more than 3 days] police officer is obliged to notify your immediate supervisor of the planned trip abroad, outside the European Union, for more than 3 days.

Article. 65. (repealed).

Article. 66. [the use of the protection provided for in the criminal code for public officials] 1. A police officer in the course of or in connection with the performance of official duties using the protection provided in the criminal code for public officials.

2. The protection provided for in the criminal code for public officials in the course of or in connection with the performance of official duties is also a policeman who outside of time service works to: 1) prevent the threat to human life or health;

2) to restore security and public order;

3) shots of the offender.

Article. 67. [trade unions police] 1. Police officers can bring together the professional police officers.

2. The provisions of the law on trade unions shall apply mutatis mutandis, provided that the police can operate only one Union and this compound does not have the right to strike.

3. Detailed rules for the interaction of the trade union officers with the competent Minister of the Interior and Commander of the Main Police will determine the statutes of the Association, registered in court.

Article. 68. (repealed).

Article. 69. (repealed).

Article. 69A. [the emoluments of which form the basis of contribution to the pension scheme] 1. If a police officer released from service does not satisfy the conditions for entitlement to a retirement pension or an invalidity pension, police police from the salaries paid to the officer after 31 December 1998 to the date of release from service, from which no modation, contributions to the pension scheme shall be forwarded to the social insurance contributions for the period provided for in the Act of 13 October 1998 on the social insurance system (OJ of 2009 # 205 , item. 1585, as amended. d.).

2. the emoluments of which form the basis of contribution to the pension scheme referred to in paragraph 1. 1, it is understood: 1) the amount of the lowest salary determined on the basis of separate provisions for the period the candidate services before 1 January 2003;

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

3) basic salary, salaries, annual awards and discretionary and additional remuneration paid pursuant to art. 112, appropriately converted in accordance with art. 110 of the Act, referred to in paragraph 1. 1-for the remaining periods.

3. Contributions shall be also in the case when a police officer only fulfills the conditions for entitlement to the police pension. Transfer of contributions is at the request of a police officer.

4. Contributions shall be subject to adjustment indicator adjustment contributions specified on the basis of the law of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 No 153, item 1227, as amended).

5. In calculating the amount of the premiums, waloryzowanych on the basis of paragraph 1. 4, shall apply mutatis mutandis to article. 19 paragraph. 1 and art. 22 paragraph 1. 1 paragraphs 1 and 2 of the Act on social insurance system.

6. the provisions of paragraphs 1 and 2. 1-5 shall also apply to the officer, which remained in service before 2 January 1999, if after release from service, despite the fulfilment of the conditions for entitlement to a retirement pension, police reported a claim for a pension by virtue of being subject to social insurance.

7. In the case referred to in paragraph 1. 6, the amount owed, zwaloryzowanych contributions shall be made without delay on the basis of notification by the social insurance to fix the data protection officer of his right to a pension provided for in the rules referred to in paragraph 1. 4.8. The amount owed, zwaloryzowanych contributions is the income the social insurance fund.

9. The proper Minister of the Interior, in consultation with the competent Minister for social security, shall determine, by regulation, procedure and deadlines to the social insurance contributions referred to in paragraph 1. 1, 3, 4 and 7, and to the appropriate, bearing in mind the need to ensure the proper and timely execution of activities related to the transfer of those contributions.

Article. 70. [Free uniform] 1. Policeman receives a free uniform.

2. The proper Minister of the Interior, in consultation with the competent Minister of public financies, shall determine, by regulation, the height and the conditions for granting the equivalent of money in return for uniform, taking into account: 1) uniforms which form the basis to determine the amount of the equivalent;

2) the method of determining the amount of the equivalent;

3) mode and the granting, repayment and suspending payment of the equivalent;

4) payment or return-equivalent.

Article. 71. [obligation to provide individuals and organizational cells Police necessary equipment] 1. Individual and organizational police and police officers receive equipment necessary for the performance of their duties.

2. Standards for the equipment referred to in paragraph 1. 1, the detailed rules for the granting and use of specifies the Commander in Chief of police.

Article. 72. [the right to food or money equivalent in Exchange for board] 1. The police officer during the performance of their official duties shall be entitled to Board or equivalent in cash in Exchange for food.

2. The proper Minister of the Interior shall determine, by regulation, the cases in which the police officer receives food, and the Standards Board, having regard to the types of standards and the way they determine the person entitled to receive the additional standards or parts thereof.

3. The proper Minister of the Interior, in consultation with the competent Minister of public financies, shall determine, by regulation, to receive and the amount of money equivalent in Exchange for Board, having regard to the cases of receiving by a police officer of equivalent, way of calculating its height and the authorities empowered to payout the equivalent.

Article. 73. [the right to one free year, travel by rail] 1. The police officer and the members of his family shall be entitled to once a year, the right to travel at the expense of the competent authority of the police, public transport to one of the peeled by yourself of the country and back.

2. The proper Minister of the Interior shall determine, by regulation, conditions of use by a police officer of the right referred to in paragraph 1. 1, having regard to the way billing.

3. in the event of non-use of the passage of authorized person receives a lump sum equivalent to money.

4. The proper Minister of the Interior shall determine, by regulation, conditions for the granting of money equivalent referred to in paragraph 1. 3, having regard to the method of determining the amount of the equivalent and unused by a police officer.

5. Reimbursement of travel or cash equivalent lump sum referred to in paragraph 1. 1 and 3, not entitled to the Gardai in the calendar year in which you purchased the power to free rides on public transport on the basis of separate provisions.

6. persons referred to in paragraph 1. 1, can be granted to other social benefits and living.

7. The proper Minister of the Interior, in consultation with the competent Minister for social security, shall determine, by regulation, the nature and extent of the benefits referred to in paragraph 1. 6, having regard to the terms of use of these benefits, how to implement them and, in the case of financial benefits-the amount, the calculation, billing terms and the terms of payment.

Article. 74. (repealed).

Article. 75. (omitted).

Article. 76. (omitted).


Article. 77. [interpretative Provision] 1. Members of the family of a police officer entitled to the benefits provided for in article 4. 73, 75 [10] and [11] 76 is believed to spouse and children.

2. Children are considered children of their own, children of the spouse, adopted children and children received education, which: 1) does not exceed the age of 18, and in the case of attendance at school – 24 years or 25 years, if you are studying in high school, and completing 24 years shall be the last or penultimate year of study, or 2) have become invalids and [12] or II [13] before the age groups referred to in point 1.

Article. 78. [Qualification period of service as a police officer working in a special nature] period of service of a police officer shall be treated as work in specific character within the meaning of the provisions on retirement pension of workers and their families [14].

Article. 79. [Specific permissions associated with parenting] 1. The police officer is entitled to worker's rights related to parenthood as specified in the labour code, if the provisions of this Act does not provide otherwise. If both parents or guardians are officers, with powers can only use one of them.

2. The officer is not entitled to request a reduction in the time dimension in the period in which they could benefit from parental leave.



Article. 79A. [Substitute COP in his absence in the service of] If you need to replacement COP in his absence in connection with being on maternity leave, maternity leave, unpaid leave under the conditions of maternity, extra leave under the terms of maternity leave, paternity leave, parental leave or maternity leave, you can hire a worker under a contract of employment for a specified period that includes the time of the absence.

Article. 80. [Counting the period of service of a police officer released from service to period of employment] 1. The officer, who took a job within one year from the date of release from the service, and if he served the preparatory-within 3 months from that date, the period of service shall include the period of employment to the extent of any rights under the labour law.

2. the provision of paragraph 1. 1 does not apply if the provisions of the labour law provide that the expiry of the periods referred to in paragraph 1. 1, does not preclude the use by an employee of a defined benefit plan.

3. If a police officer cannot take up employment within the time specified in paragraph 2. 1 due to illness causing incapacity for work or disability [15], retains the powers referred to in paragraph 1. 1 if you accept employment within 3 months from the date of termination of incapacity for work or disability.

4. The provisions of paragraphs 2 and 3. 1 and 2 shall not apply to police officers are exempt from service in the event of a final court conviction or punishment disciplinary expulsion from service.

Article. 81. [Delegation] 1. The competent Minister of the Interior shall determine, by regulation, the detailed rights and obligations and service record, having regard to the characteristics and specificities of the service in the organizational units of the police, establish, change and termination of business relationship the policeman, task managers organizational cells responsible for personal matters, the content of the personal orders of the appointment of a police officer for the job or to dismiss a police officer with the service, certification services and reviews about the service of a police officer , their designs, the term request rectification of the certificate and the reviews and the date of such amendment.

2. the duty police officers determine the Ordinance, regulations and orders, Commander in Chief of police.

Article. 82. [dimension of the annual leave of the Gardai] 1. The police officer is entitled to paid annual leave in the dimension 26 working days.

2. A police officer is entitled to the first holiday at the end of 6 months of service in terms of half of the holiday of the year.

3. The right to leave full-time police officer acquires over the year. The leave does leave, referred to in paragraph 1. 2. Article. 83. [Appeal COP leave] 1. A police officer, you can appeal with leave for important reasons, as well as pause the granting him leave, in whole or in part. The term leave may also be postponed at the request of a police officer, because of important reasons.

2. The officer odwołanemu of the leave shall be entitled to reimbursement of travel costs according to the standards laid down in the rules about fees in cases of transfer or secondment, as well as other costs.

2A. the competent Minister of the Interior shall determine, by regulation, reimbursement of travel and other expenses incurred in the event of the revocation officer exercise, taking into account the standards set for transferred or delegated officers documented charges made by a police officer, and which have not been used in connection with the cancellation of your holiday, as well as fees incurred for the members of the family referred to in article 1. 77 if the reference COP leave resulted in their return.

3. the Reference COP leave for reasons of business requires the consent of the supervisor.

4. The officer, who has not made use of the leave in a given calendar year, leave this should be answered within the first 3 months of the following year.

Article. 84. [the introduction of additional paid leave in up to 13 days] the competent Minister of Internal Affairs may, by regulation, to introduce paid leave in up to 13 working days per year for police officers who serve in conditions particularly onerous or harmful to health or have reached a certain age or length of service, or when this is justified by the specific properties of the service.

Article. 85. [health of paid annual leave or occasional and free holidays for important reasons] the officer may be granted paid sick-leave or special leave, as well as unpaid leave for serious reasons.

Article. 86. [Delegation] the competent Minister of the Interior shall determine, by regulation, detailed rules for the granting of leave, police procedure in these matters and the dimension of the leave referred to in article 1. 84 and 85, having regard to the period of service, a police officer, conditions particularly onerous and harmful to health and the degrees of harm affecting the dimension of leave.

Article. 87. [Awards] 1. The police officer, who, faithfully perform the duties meticulously in the service and improving professional skills, may be awarded honours: 1) praise;

2) short term additional leave in up to 10 working days;

3) grant of badges near;

4) early appointment to a higher level of police.

2. Awards Grants officer authorized the superior referred to in art. 32 paragraph 1. 1.3. Honors is granted to the officer: 1) ukaranemu disciplinary, prior to its fragmentation;

2) consisted of judgment or in respect of which criminal proceedings have been conditionally waived for a period of one year from the date when the judgment.

4. The proper Minister of the Interior shall determine, by regulation, the detailed procedures for the award of honors police, having regard to the terms of reference of the superiors to grant awards and the award of honours.



Section 8 Housing police officers Article. 88. [the right to a dwelling] 1. The police officer in the service of a constant right to a dwelling in the locality in which the full service, or in the village nearby, taking into account the number of family members and their rights under the provisions of separate.

2. A police officer in the preparatory service may receive temporary accommodation.

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

4. The village nearby, referred to in paragraph 1. 1, is the place from which the travel time to the place of duty and return public transport, in accordance with the timetable, including flights, does not exceed two hours in both directions from the station (bus stop), located closest to the place of residence to the station (bus stop), located closest to the place of duty without taking into account travel time to and from the station (bus stop) within the village, from which police officer commutes , and locality in which performs the duties.

Article. 89. [the term of the members of the family of a police officer] members of the family of police officer, which shall be taken into account in the allocation dwelling, are remaining with a policeman in the common household: 1) a spouse;

2) children (your own or spouse, adopted or adopted in the framework of education foster family) dependent, not longer, however, than to complete by not 25 years old;

3) parents of a police officer and his or her spouse on his exclusive or if due to age or disability, or any other circumstances are unable to perform; for parents it is also considered a stepfather and stepmother and adopters.


Article. 90. [Offices devoted to residential for the police] on the dwellings for police officers allocated to offices which are at the disposal of the Minister of internal affairs or subordinate authorities.

Article. 91. [the right to money equivalent for the renovation of occupied dwelling] 1. The police officer is entitled to a cash equivalent for the renovation of occupied dwelling, taking into account the number of family members and their rights under the provisions of separate.

2. The proper Minister of the Interior, in consultation with the competent Minister of public financies, shall determine, by regulation, the amount of and the detailed rules for the granting, refusal, reversing and return-equivalent referred to in paragraph 1. 1, having regard to the entities entitled to receive it, the required documents, the competent authorities for the granting, refusal, withdrawal, reversing or request its return and the treatment in the event of overlapping powers to its receipt.

Article. 92. [cash Equivalent which she offered a non-dwelling in the place of service or in the nearby] 1. The police officer is entitled to a cash equivalent, if he himself or his family members do not have a dwelling in the place of service or in the village nearby.

2. The proper Minister of the Interior, in consultation with the competent Minister of public financies, shall determine, by regulation, the amount of and the detailed rules for granting, refusing, withdrawing and returning the money equivalent referred to in paragraph 1. 1, having regard to the entities entitled to receive it, the method of determining the amount of the equivalent, the required documents, the competent authorities for the granting, refusal, withdrawal or retraction requests its return, as well as how to deal with an instance of Confluence permissions to its receipt.

Article. 93. [refund of travel to the place of service] 1. The officer, who takes it in the village nearby the place of service, shall be entitled to reimbursement of the cost of travel to the place of service of ticket prices for travel by rail or bus.

2. the refund referred to in paragraph 1. 1, is not recognised in the calendar year in which you purchased the power to free rides on public transport, on the basis of separate provisions.

Article. 94. [financial assistance to a person who has not received a dwelling on the basis of an administrative decision] 1. The officer, who has not dwelling on the basis of an administrative decision about an assignment, shall be entitled to financial assistance to obtain a dwelling in the housing or house or dwelling which is separate property.

1a. A person who has been convicted by a final judgment of the Court for an intentional crime or tax offence intentional, indictable public prosecution, committed in connection with the performance of his duties and in order to achieve financial gain or personal, or for an offence referred to in article 1. 258 of the criminal code or for which has been declared legally means penalty of deprivation of rights public offence or tax offence, is obliged to refund the financial assistance referred to in paragraph 1. 1.2. The competent Minister of the Interior shall determine, by regulation, procedures and detailed rules for the granting of financial assistance, return and undo, referred to in paragraph 1. 1, having regard to the cases in which the aid is granted, rolled back or refundable, as well as the way of calculating the amount of financial assistance to be granted or orzekanej to return, as well as the types of documents required when applying for the grant of that aid.

Article. 95. [decision of empty dwelling and nieprzydzielenia conditions of the premises by way of an administrative decision] 1. Dwelling on the basis of an administrative decision not to be assigned to the officer: 1) if the financial assistance referred to in article 1. 94;

2) having in the locality in which the full service, or in the nearby residential premises at least of its living space or house or residential house-pensjonatowy;

3) whose spouse has a residential premises or a House referred to in paragraph 2;

4) in the case of disposal by him or his spouse a cooperative ownership right to a dwelling constituting a separate property or House, referred to in paragraph 2, with the exception of the cases referred to under article. 96 paragraph 1. 3.2. The decision to empty dwelling, referred to in article 1. 90, it seems, if a police officer: 1) podnajmuje or offers free use of the assigned premises or part thereof;

2) uses it in a way that conflicts with the rental agreement or misuse, neglect duties, damage, or destroy equipment for common use by the inhabitants;

3) goes in a blatant or persistent against the order of the household, making difficult the use of other premises;

4) is in default of payment of the rent or charges for the provision of associated with the operation of the premises for a period of at least two full payment periods, despite the notice in writing of its intention to issue a decision on empty premises and the designation of the additional monthly limit for payment overdue and current receivables;

5) received financial assistance referred to in article 1. 94 paragraph 1. 1;

6) was transferred to duty in another town and Cayuga in this or nearby town next residential premises;

7) slowed, within the time limit set out under separate provisions, previously allocated a dwelling;

8) renounced his rights to the occupied dwelling;

9) has been convicted by a court for an intentional crime or tax offence intentional, indictable public prosecution, committed in connection with the performance of his duties and in order to achieve financial gain or personal, or for an offence referred to in article 1. 258 of the criminal code or to which has been declared legally means penalty of deprivation of rights public offence or tax offence.

3. the decision to empty the dwelling also appears: 1) if the officer or his spouse is legal title to another dwelling, referred to in article 1. 90; in this case the persons shall have the right to choose one of the occupied premises.

2) when a police officer released from service or the other after police family members occupy the residential premises located in a building designed for the purposes of business or the hotel closed, and those that have been allocated to it in the same or nearby town, with an area corresponding to the standards enjoyed by the population;

3) in the case of alegal, referred to in article 2. 90, by a police officer or the members of his family or other persons without legal title.

3A. the decision to empty the place also seems to be, if the landlord said the legal relationship on the premises.

4. empty the unit seems to be in relation to all persons residing in that establishment.

Article. 96. [the allocation of a dwelling the police officer with accommodation in the village] 1. The police officer moved to serve in another village, which in the previous place of duty has a dwelling house or residential house-pensjonatowy, can be assigned to the residential premises on the basis of an administrative decision in a new location service if: 1) releases the occupied residential premises or House;

2) will return the financial aid granted: a) on the contribution of the housing or construction of zwaloryzowanej by the cooperative (b)) to pay off other debts – in the amount granted.

2. The police officer that took advantage of financial aid may be allocated to residential premises on the basis of administrative decision, if releases the occupied residential premises or House, referred to in paragraph 1. 1, and will return the financial aid on the principles set out in that provision.

3. The proper Minister of the Interior shall determine, by regulation, the allocation of a dwelling in the cases referred to in paragraph 1. 1 and 2, detailed rules return granted financial aid and release of occupied dwellings or houses referred to in paragraph 1. 1, having regard to the conditions for justifying the allocation of a dwelling the police officer moved to serve in another village, the course of action in case a policeman this has benefited from financial assistance to obtain a dwelling, and the types of evidence of exemption by a police officer a dwelling previously occupied.

4. The officer moved from Office to serve in another village, which in the previous place of duty are not slowed occupied dwelling or House, referred to in paragraph 1. 1, you can allocate a temporary accommodation according to rights standards, without taking into account the living with the family members. Accommodation expenses shall be covered from the budget funds of the police, not more than 2 years from the date of allocation of temporary accommodation.


5. A police officer seconded to the temporary duty in the village receives a temporary accommodation. Accommodation costs for the bear with budget funds.

Article. 97. [Delegation] 1. The competent Minister of the Interior, in consultation with the competent Minister for housing, local planning and land-use planning and housing, shall determine, by regulation, detailed rules for the assignment and emptying and residential population standards referred to in article 1. 90, as well as detailed rules for the allocation of a dwelling and temporary accommodation to the Gardai, empty or replace the premises and temporary lodgings, and the authorities competent to issue administrative decisions in these matters, the height of the population standards and the way they determine.

2. The proper Minister of the Interior, in consultation with the competent Minister for housing, local planning and zoning and housing and Minister of public financies, shall determine, by regulation, conditions of rental dwellings located in buildings owned by the State Treasury in the Executive Board of the organizational units of the police, as well as the calculation of the rent, the rights and obligations of the tenant and the landlord as well as the components of the rent and the circumstances affecting its height.

3. additional population standards referred to under paragraph 1. 1, related to the occupied work position or your degree, is also used by other officers quota dwellings than those mentioned in article 2. 90.4. Disputes arising from the leases referred to in paragraph 1. 2, settle the ordinary courts.

5. Assignment and emptying the housing and handling of matters referred to in article 1. 91, 92, 94 and 95 paragraph 1. 2-4, in the form of an administrative decision.

Article. 98. [right to the allocated housing rights officer to an exempted assembler from] a police officer released from service, which does not have the right to a dwelling under the conditions laid down in the provisions on retirement pension police officers, internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, State fire and prison officers and their families, retains the right to the allocated a dwelling according to standards universally applicable or may be transferred to a replacement dwelling.



Chapter 9 the emoluments and other benefits in cash the cops Article. 99. [entitlement to salaries] 1. The right to salary is formed from the date of the appointment of a police officer on the job title.

2. In respect of service police officer receives one salary and other cash benefits referred to in the Act.

3. The average police salary is a multiple of the base amount, the amount established according to separate rules specifies the budget law.

3A. By average salary referred to in paragraph 1. 3, you must understand the salary with the monthly equivalent of the annual awards.

4. Multiple of the base amount, referred to in paragraph 1. 3, specifies the Council of Ministers by Decree.

Article. 100. [components of salaries] Salary policeman consists of basic salary and supplements to the salaries.

Article. 101. [factors affecting the amount of executive pay COP] 1. The amount of basic salary of a police officer is subject to grade his official position and your pensionable service years.

2. The proper Minister of the Interior, in consultation with the competent Minister for Labour Affairs, shall determine, by regulation, the detailed rules for and the amount of basic salary of police officers, taking into account the grade and the corresponding rates of salaries, classification of posts work to each group, and the corresponding degrees of promotion conditions, an in-house police salaries, as well as how to determine its growth of retirement.

Article. 102. [Delegation] the competent Minister of the Interior shall determine, by regulation, detailed rules for determining the pensionable service years, from which it is depends on the increase in basic salary, having regard to the types of duty periods, work and other periods subject to passing to pensionable service, its documentation and procedure in these matters.

Article. 103. [the right to keep the previously granted salary policeman moved to lower job title] 1. The police officer moved to the position of business downgraded to lower basic salary group retains the right to salary rates levied on previously occupied the position until a higher rate of salaries by position.

2. The proper Minister of the Interior, in particularly justified cases, may allow the behavior by the police officer moved to the position of business downgraded to the lower grades of the service the right to grade due before occupation, while the degree of associated with this position.

3. The provisions of paragraph 1. 1 does not apply to police officers moved to a lower job title on the basis of article. 38 paragraph 2. 1 or paragraph 2. 2 paragraph 2 and 3 and police officers transferred at his own request.

Article. 104. [the degree of allowance, duty allowance, in addition to business and salaries] 1. The officer shall be entitled to an allowance for the degree of contingent upon your degree.

2. The officer designated service or obligations in a managerial position or stand alone shall be entitled to an allowance.

3. In positions other than those mentioned in paragraph 1. 2 a police officer for the proper execution of his duties can obtain a business add-in.

4. irrespective of the additives referred to in paragraph 1. 1 – 3, the officer may be granted additions to salaries justified by particular characteristics, qualifications, terms or service.

5. Additions to salaries on a permanent basis are set out in the monthly rates.

6. the competent Minister of the Interior, in consultation with the competent Minister for Labour Affairs, shall determine, by regulation, the detailed rules for and the amount of additions to salaries, referred to in paragraph 1. 1-4, having regard to their nature and character, the conditions for granting or increasing permanently or for a specified period, the conditions for reducing or withdrawing and giving entitlement to the function key.

Article. 105. [way of making the payment of salaries and other benefits] 1. Salaries and other benefits and duties are paid cash directly into the hands of a police officer, subject to the provisions of paragraph 2. 5.2. Basic salary and emoluments on a permanent basis are payable monthly in advance on the first working day of each month, subject to the provisions of paragraph 2. 3 and 5.

3. the competent Minister for internal affairs may specify, by regulation, other terms of payment supplements to the salaries on a permanent basis, taking into account that are paid monthly in arrears.

4. the time limits for the payment of other benefits and entitlements and additions to salaries, not listed in paragraph 1. 2, lay down rules on the conditions for receiving them.

5. The emoluments and other benefits and cash can be paid in the form of non-cash, under the conditions laid down in a written agreement between a payer and a police officer, not earlier than within the time limits referred to in paragraph 1. 2-4.

Article. 106. [change salaries, and termination rights to emoluments] 1. Change salaries followed by the date of the occurrence of the circumstances justifying the change.

2. If the right to the salaries originated or change salaries occurred within a month, the salary on time by the end of the month shall be calculated at the rate of 1/30 part of the monthly salaries for each day when the special provisions provide otherwise.

3. The right to salary shall expire on the last day of the month in which the release of a police officer with the service or there were other circumstances justifying the extinction of that right.

Article. 107. [limitation of claims in respect of rights to emoluments] 1. Claims for the right to salary and other benefits and monetary claims shall be barred after 3 years from the date on which the claim has become due.

2. the competent authority to deal with claims may not take account of the limitation period, if the delay in the investigation of the claim is justified by exceptional circumstances.

3. The limitation period for claims for salaries and other benefits and receivables cash stops: 1) each action before the head of the organizational unit subordinate to the Minister competent for internal affairs, the right to examine the claims, taken directly to investigation or establish or satisfy a claim;

2) the recognition of the claim.

Article. 108. [cash benefits conferred on the police officer] 1. The police officer is entitled to the following benefits: 1) allowance installation allowance;

2) awards and grants;

3) Jubilee;

4) additional remuneration for performing the outsourced tasks going beyond their duties;

5) for business travel and transfer;


6) benefits from an exemption from service.

1a. The police may receive awards for excellence in service, with financial resources, referred to in article 1. 13 paragraph 1. 4A. 2. In the event of the death of a police officer or a member of his family, are entitled to: 1) funeral grants;

2 posthumous clearance).

Article. 109. [Allowance installation allowance] 1. The police officer, in connection with the appointment on a permanent basis, are entitled to the installation allowance allowance in the amount of one month's basic salary along with on a permanent basis, due on the day of the appointment on a permanent basis.

2. Benefits referred to in paragraph 1. 1, is not entitled to the officer designated in the Police after his release from professional military service or another service, during which he has such benefits.

Article. 110. [annual Prize] 1. The police officer for service functional basis in the calendar year concerned shall be entitled to the annual award in the amount of 1/12 of the salaries received in the calendar year for which the reward is.

2. (repealed).

3. the annual Award are entitled, if a police officer in a given calendar year, he served for a period of at least 6 calendar months. Periods shorter than a calendar month adds up, given that each 30 days ' service is a full calendar month.

3A. for the period referred to in paragraph 1. 3, does not include periods of non-execution of business tasks for the following reasons: 1) the use of leave without pay;

2) breaks in the performance of their duties, for which a police officer is not preserved the right to salary, listed in article 1 (2). paragraph 126. 1-3;

3 business activities) suspension or detention.

3B. The provisions of paragraph 1. 3A, paragraph 3 shall not apply if the criminal proceedings for the offence or crime tax or disciplinary proceedings, in the case of an act in relation to arrest or suspension in the business activities were discontinued by a final judgment or a policeman was acquitted on the basis of a final judgment or a judgment of acquittal in disciplinary proceedings.

3 c discharge proceedings, as referred to in paragraph 1. 3B, does not apply to conditional remission of the criminal proceedings or proceedings in the case of an offence or the relief tax due to prescription or amnesty.

4. Condition referred to in paragraph 1. 3, does not apply in determining the entitlement to an annual prize for the calendar year in which the police officer: 1) use of parental leave, maternity leave, additional maternity leave, paternity leave, parental leave, under the terms of maternity leave, additional leave under the conditions of maternity;

1A) use of the exemption from execution of business activities, for the reasons referred to in article 1. 185 paragraph 2 or article. 188 of the labour code;

1B) the exemption from execution of business activities in the event of the birth of a child of a police officer, in accordance with the regulations issued on the basis of article. 2982 of the labour code;

1 c) benefit from the exemption from execution of business activities due to having personal custody, as referred to in article. 33 para. 1 paragraph 1 of the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits (Journal of laws of 2014.159);

2) has been posted or canceled posting without salaries in the cases referred to in article 1. 36 paragraph 1. 4 and art. 122a;

3) was relieved of duty in connection with the acquisition of pension rights or survivor's pension or based on art. 41 paragraph 1. 2 paragraph 6 and 7;

4) has died or has been declared missing.

4A. The emoluments referred to in paragraph 1. 1, does not contribute to the salaries received during the period of suspension in the business activities or detention. The provisions of paragraph 1. 3B and 3 c shall apply.

5. the annual Award is reduced to the Gardai, subject to paragraph 2. 7, in the case of: 1) commit a crime or offence by a final court judgment found tax;

2) breach of discipline, found in legally completed disciplinary proceedings;

3) receipt of the opinion, referred to in article 1. 38 paragraph 2. 2 paragraph 2;

4) receiving the first or subsequent reviews, referred to in article 1. 38 paragraph 2. 2, paragraph 3.

6. The reduction referred to in paragraph 1. 5, can be made within the limits of from 20% to 50%.

7. the annual Award are not entitled to the officer in the case of: 1) a conviction for an offence final court or tax offence referred to in article 1. 41 paragraph 1. 1 paragraph 4;

2) commit a crime or tax offence or an act for which a police officer was released from the service pursuant to art. 41 paragraph 1. 1 paragraph 4a. 2 paragraph 2 and 8;

3) committing one of the acts for which the officer had all been one of the disciplinary penalties referred to in article 1. 134 points 3 to 6;

4) exemptions from service pursuant to art. 41 paragraph 1. 1 paragraph 2 and paragraph 3. 2, paragraph 1.

8. The reduction or the deprivation of the right to an annual award is for the calendar year in which a police officer had committed an offence or an act referred to in paragraph 1. 5 (1) and (2), in the article. 41 paragraph 1. 1 paragraph 4 and 4a and paragraph. 2 paragraph 2 and 8, as well as in the article. 134 points 3 to 6, or has the opinion referred to in article 1. 38 paragraph 2. 2 paragraph 2 and 3, or has been released from duty in the cases referred to in article 1. 41 paragraph 1. 1 paragraph 2 and paragraph 3. 2, paragraph 1, and if the award has already been paid for the year in which: 1) criminal proceedings or disciplinary action in this case was terminated by a final decision or 2) a police officer has been released from service.

8A. Whereas the circumstances justifying the deprivation or restriction of the rights to the annual awards is determined on the basis of the rulings and decisions of the authorities competent in criminal matters of a crime or an offence, disciplinary matters and the Government in matters of opinion, as well as on the basis of the documentation carried out in personal matters.

8B. By lowering the annual award reflects the totality of the circumstances of the case, in particular the nature of the crime, tax offences or misconduct, its effects, the type and dimension of the sentence and the results so far have been a police officer in the service.

8 c. the decision of the superior award, reduction or refusal to grant awards the annual policeman's for a reference to a higher supervisor.

9. the annual Award is paid by 31 March of the calendar year following the year for which you are entitled to the prize.

10. The police officer zwalnianemu annual award service 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 his annual prize shall be paid to the spouse, and subsequently, to children and parents who are entitled to a survivor's pension. The provision of paragraph 1. 10 shall apply mutatis mutandis.

12. in the case of a police officer in the calendar year of service in different organizational units of police annual award is granted and shall be paid in a unit that was in the last year of his service.

13. Awards annual grant the competent superiors in matters relating to the appointment of police officers on duty, transfer and release of these posts.

14. The proper Minister of the Interior grants annual awards to the Commandant, Chief of police and Police Chief substitutes.

15. the Commander in Chief of police grants annual awards to the Commandant CBŚP, commanders no longer accrue provincial police (Stołecznemu Commissioner of police), commanders no longer accrue to police and schools alternates and Louisa Adams did serve and Pro-Rector of the higher school of Police in Szczytno.

Article. 110a. [incentive Awards and assistance] 1. The police officer, regardless of the distinctions referred to in article 1. 87 para. 1, may be granted incentive awards, in the form of cash or in kind, for the exemplary execution of tasks work, reported in the service of bravery and initiative and exercise in tough conditions. Article. 87 para. 3 shall apply mutatis mutandis.

2. The officer may be granted assistance, in the form of cash or in kind, in the case of individual random events, natural disaster, disease, death of a family member, and other events that cause the deterioration of the financial situation of the police officer and his family.

3. a police Prize Fund and payments for police officers, for the purpose of awards and grants, referred to in paragraph 1. 1 and 2.

Article. 110b hot melt glue guns [Delegation] the competent Minister of the Interior in consultation with the competent Minister for work and Social Security Minister shall determine, by regulation, the detailed conditions and the granting of police awards and payments referred to in article 1. 110a, procedures and supervisors responsible for these awards and grants, how to create a prize fund and payments for police officers, the police unit, in which a prize fund and payments, as well as methods of assessing the conditions and increasing its height for the individual trustees, having regard to the special purpose vehicle and a rational policy on disposal of financial resources.

Article. 111. [Jubilee] 1. The police officer is entitled to Jubilee: 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% of the monthly basic salary, along with on a permanent basis.


2. The proper Minister of the Interior, in consultation with the competent Minister for Labour Affairs, shall determine, by regulation, the periods count towards the period of service, which depends on the acquisition of the right for the Jubilee, and the calculation and payment, taking account of the periods of service, work and teachings of causing the acquisition of the right for the Jubilee, a way of documenting these periods and the proceedings in the case of overlapping of rights to several awards as well as the term reward.

Article. 112. [additional remuneration for performing tasks beyond their duties] 1. The performance of the outsourced tasks that go beyond the duties the policeman receives additional remuneration.

2. The proper Minister of the Interior shall determine, by regulation, the conditions for the receipt of additional compensation referred to in paragraph 1. 1, having regard to the types of tasks, amount and method of calculation of remuneration and its payment.

3. (repealed).

Article. 113. [refund of travel expenses and transfer] 1. In the event of a transfer of a police officer to perform duties in a different town or posting it to a temporary duty, the officer is entitled to payment for the business trips and transfers.

2. The proper Minister of the Interior, in consultation with the competent Minister for Labour Affairs, shall determine, by regulation, the amount, conditions and the granting of royalties referred to in paragraph 1. 1, having regard to the ways of calculating travel time on business and the types of claims and ways of establishing their amount and terms and mode of payment of debts.

Article. 114. [benefits officer zwalnianemu of service] 1. Police officer released from service shall, subject to paragraph 2. 2-4-1) check-in;

2) cash for unused vacation or holiday resort and for unused time free from duty granted under art. 33 para. 3;

3) reimbursement of travel of a police officer and members of his family and the carriage of household goods to the new place of residence in the country, to the extent and under the conditions applicable to the transfers of authority.

2. benefits referred to in paragraph 1. 1, paragraph 3, be entitled to the officer, if on the day of release from the service meets the conditions to obtain the benefits of supply.

3. A police officer released from service on the basis of article. 41 paragraph 1. 1 paragraph 3 and 4a, and paragraphs 1 and 2. 2 paragraph 8 is 50% of the check-in counter and cash, as referred to in paragraph 1. 1 point 2.

4. A police officer released from service on the basis of article. 41 paragraph 1. 1 paragraph 4 and paragraphs 1 and 2. 2 paragraph 2 receives the cash referred to in paragraph 1. 1 point 2. Commander in Chief of the police or authorised by the supervisor may, in cases of particularly justified needs of the family of a police officer to grant him no more than 50% of the check-in desk.

Article. 115. [calculation of check-in] 1. The amount of check-in for a police officer in the service of a constant is equal to the amount of three months ' basic salary along with the additions of a permanent, due to the last occupation. Check-in is increased about 20% of the basic salary along with the additions of a permanent for each further full year of pensionable service over 5 years of continuous service, up to six-month basic salary along with on a permanent basis. Period of service exceeding 6 months shall be counted as a full year.

2. In determining the amount of the check-in shall also be periods of uninterrupted professional military service, if directly after his release from the service soldier was commissioned in to the police and have not received clearance from the title previously pensionable service.

3. the provision of paragraph 1. 2 shall apply mutatis mutandis in the event of service in the police after his release from service in other departments, which are entitled to the benefits of this kind.

4. the amount of the check-in for a police officer in the service of the preparation is equal to the amount of one month's basic salary along with on a permanent basis due to the last occupation.

Article. 115A. [to determine the amount of a cash payment for unused annual leave] cash in 1 day of unused annual leave or additional and each started 8 hours of unused time off exercise based on art. 33 para. 3 shall be set at 1/30 part of the monthly basic salary along with the additions of a permanent compensation last occupation.

Article. 116. [posthumous Clearance] 1. In the event of the death of a police officer, after the family receive a posthumous clearance such as they would have been entitled, if there was a clearance officer ago released from service, and the provision referred to in article 1. paragraph 114. 1 point 2 and 3.

2. benefits referred to in paragraph 1. 1, the spouse is entitled to a policeman who was with him in the commonality of the marriage, and subsequently, to children and parents, if at the date of the death of a police officer were eligible for a survivor's pension on the basis of the provisions on retirement pension of police officers and their families [16].

3. the provisions of paragraphs 1 and 2. 1 and 2 shall also apply to the missing policemen. A missing policeman and the relationship of this loss of service States the competent minister for Home Affairs.

Article. 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 the children are dependent on him, which, at the date of his death, fulfil the conditions for obtaining a survivor's pension, the Commander in Chief of police grants financial assistance for education, with the funds allocated for this purpose in the budget of the police.

2. The financial assistance referred to in paragraph 1. 1, have students secondary schools public and private on public schools for young people and for adults and students and teacher training establishments, colleges, social service workers, and students of higher education until the training, not longer, however, than to complete the 25. year of life.

3. The proper Minister of the Interior shall determine, by regulation, the detailed conditions and the granting of the aid referred to in paragraph 1. 1, having regard to the mode of granting and amount depending on the level of education and type of school.

Article. 117. [payment of cash benefit she offered an exempted assembler service] 1. The police officer in the service of a constant, an exempted assembler from service pursuant to art. 41 paragraph 1. 1 paragraph 1 and paragraph 2. 2, paragraph 4, shall be paid every month for a period of one year after the release of the service cash benefit equivalent to the pay of the crucial together with additives of a permanent, charged on the last occupation.

2. The officer is entitled to the benefit referred to in paragraph 1. 1, who acquired the right to supply the pension, shall be entitled to a choice of one of these benefits.

3. The officer to an exempted assembler from service pursuant to art. 41 paragraph 1. 2 paragraph 5 and 6, which because of the still ongoing disease cannot take employment, shall be paid a monthly cash benefit referred to in paragraph 1. 1 for the period of the disease, but not longer than for a period of 3 months, unless the Medical Commission will issue a decision on disability determination services constituting the basis for the establishment of the right to an invalidity pension.

Article. 118. [Disable] check-in, referred to in article 1. 114, and of the provision referred to in article 1. 117 is not entitled to the police officer, who immediately after his release from service, he was accepted into the professional military service or another service, in which the right to such benefits.

Article. 119. [funeral] 1. In the event of the death of a police officer, regardless of the check-in counter a death referred to in art. 116, entitled funeral: 1) 4000 zł, if funeral expenses shall be borne by the spouse, children, grandchildren, siblings or parents;

2) costs actually incurred, up to the amount specified in paragraph 1, if the funeral expenses shall be borne by the other person.

2. If the death of a police officer came by accident in connection with the service, the funeral coincides with the measures the police headquarters. The police commander in Chief may agree to cover the cost of the funeral of a police officer of the deceased as a result of illness in connection with the service.

3. If you cover the cost of the funeral of a police officer from the resources of the police headquarters to the persons mentioned in paragraph 1. 1 paragraph 1 shall be entitled to half of the funeral.

Article. 120. [the funeral in connection with the death of a family member a police officer] 1. In the event of death of a family member, the officer shall be entitled to grant in the amount of: 1) 4000 zł-if funeral expenses shall be borne by the COP;

2) costs actually incurred, up to the amount specified in paragraph 1, if the funeral expenses shall be borne by the other person.

2. The proper Minister of the Interior shall determine, by regulation, conditions cover the costs of the funeral of a police officer from the resources of the competent authority and shall determine the members of the family, on which the funeral, having regard to the types of expenses covered under the funeral costs and the amount, and how to determine the amount and payment of the funeral or compensate for the death of a family member and the documents required for withdrawal.

3. (repealed).


Article. 121. [benefits the police officer who is on sick leave, classes and remain without work quota] 1. In the event of a holiday, exemption from business activities and remain without work quota police officer receives a basic salary, supplements to the salaries of a permanent and other receivables cash payable last occupation work – taking into account created in this period of change, having an impact on the right to the salaries and other charges or to their height.

2. The proper Minister of the Interior in consultation with the competent Minister Affairs may, by regulation, restrict, in whole or in part, the payment of certain allowances to salary during the period of special leave or remain a police officer without a work assignment, having regard to the types and amount of additives, where the payout is limited in the event of special leave or remain a police officer without a work assignment, as well as jurisdiction in these matters.



Article. 121a. [Monthly salary of a police officer for the period of maternity leave, the conditions of maternity, parental leave] 1. The monthly salary of a police officer for a period of time determined the provisions of the labour code as a period of maternity leave, the period of additional maternity leave, the period of leave under the terms of maternity leave, the period of additional leave under the conditions of maternity and paternity is 100% of the monthly salary referred to in art. 121 paragraph 1. 1.2. The monthly salary of a police officer for a period of time determined the provisions of the labour code as a period of parental leave is 60% of the monthly salary referred to in art. 121 paragraph 1. 1.3. The monthly salary of a police officer-a woman who in the request, no later than 14 days after delivery, for her immediately after maternity leave, additional maternity leave in full, and immediately after this leave-parental leave on a full-time basis, is 80% of the monthly salary referred to in art. 121 paragraph 1. 1, for the entire period corresponding to the period of the leave.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to a policeman who in the application made not later than 14 days after the adoption of the child's upbringing and to the guardianship court with the request to open proceedings on the adoption of the child or after the adoption of the child to be raised as a foster family, with the exception of foster family professional, for him, directly after the terms of maternity leave, additional leave under the conditions of maternity in full and directly after this leave-parental leave in full.

5. The officer, that in view of the request made in paragraph 2. 3 or 4 has 80% of the salary referred to in paragraph 1. 3, in the case of cancellation of the additional maternity leave in full or part thereof or in the case of additional leave under the conditions of maternity in full or part thereof or in the case of parental leave in full, shall be entitled to a one-off alignment received salaries, referred to in paragraph 1. 3, up to 100%, subject to non-recovery of emoluments for a period corresponding to the periods of these holidays.



Article. ciples. [the period of being on sick leave] 1. During the period spent on sick police officer receives 80% of the salaries.

2. Medical certificate covers the period in which the police officer is exempt from business activities due to: 1) disease of a police officer, including the inability to perform business activities of the grounds referred to in article 1. 6 paragraph 1. 2 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits;

2) donation of blood or blood components in the organizational units of public blood or because of the periodic medical examination of blood donors;

3) requiring personal care for a sick child or spouse of a police officer, a child of the adopted child, the child of a foreign adopted for education and maintenance, until the No 14. years of age;

4) needing personal care for a sick family member; members of the family shall be considered a spouse, parents, grandparents, parents-in-law, grandchildren, siblings, and children over the age of 14 years if they remain in a common household with a policeman during exercise over them;

5) needing personal care for a child or spouse of a police officer, a child of the adopted child, the child of a foreign adopted for education and maintenance, to complete by 8. in the case of a) unforeseen closure of nursery school, kindergarten or school to which the child attends, b) childbirth or illness of the spouse of a policeman constantly guarding the child, if the birth or illness prevents this spouse to exercise custody, c) residence of the spouse of a policeman constantly guarding the child in carrying out medicinal activity consisting in providing 24-hour convenience and health benefits.

3. Exemption from business activities due to the need for personal care, referred to in paragraph 1. 2 paragraph 3 and 5, for a period of not more than 60 days in a calendar year, (a) in the case referred to in paragraph 1. 2 paragraph 4 – for a period of not more than 14 days in a calendar year, these periods may not exceed a total of 60 days in a calendar year.

4. the provision of paragraph 1. 3 shall apply irrespective of the number of children and other family members in need of care.

5. If the sick leave includes the period during which a police officer is exempt from business activities due to: 1) accident in connection with the performance of the service, 2) disease resulting in connection with the specific properties or conditions of service, 3) accident on the way to the place of service or on the way back, 4) per disease during pregnancy, 5) undergo the necessary medical examinations for candidates for donors of cells , tissues and organs and have download the cells, tissues and organs, 6) donate blood or its components in the organizational units of public blood or because of medical examination of blood donors, 7) [17] on the observation in treatment as a result of a referral by the Medical Committee – it retains the right to 100% of salary.

6. The right to 100% of the salaries have also then, when a police officer has been released from business activities: 1) while posting to perform duties outside the country quota police, referred to in article 2. 145a paragraph. 1 paragraphs 1 to 3;

2) as a result of a deliberate offence by any other person in connection with the exercise by a police officer in their official capacity, to the characteristics of the judgment given by the competent authority;

3) as a result of the actions of a heroic made in particularly dangerous conditions, with indication of the exceptional courage, risking their lives or health, in defense of the law, the inviolability of State borders, life, property or safety of citizens.

7. exemptions from the business activities of the acts referred to in paragraph 1. 6, paragraph 3, States, by a decision, a police officer.

8. the decision referred to in paragraph 1. 7, the police officer may be appealed to a higher supervisor.



Article. 121 c [medical] 1. Period of being on sick leave States a medical certificate issued in accordance with the provisions of art. 55 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits, except that: 1) in the case of surrender of the necessary medical examinations for candidates for donors of cells, tissues and organs, and the inability to serve due to undergo treatment download the cells, tissues and organs – a certificate issued by a doctor on an ordinary printing in accordance with the provision of art. 53 paragraph 1. 3 of the Act of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits;

2) in the case referred to in article 1. ciples of paragraph 1. 2 paragraph 2 – certificate organizational unit public blood;

3) in the case referred to in article 1. ciples of paragraph 1. 2, paragraph 5 (b). a statement by the police officer;

4) in the cases referred to in article 1. ciples of paragraph 1. 2, paragraph 5 (b). (b) and (c)-a medical certificate issued by a doctor on an ordinary printing;

5) in the case referred to in article 1. 6 paragraph 1. 2 paragraph 1 of the law of 25 June 1999 on the benefits cash social insurance sickness and maternity benefits-a decision issued by the competent authority or authorized body on the basis of the provisions for the prevention and combating of infections and communicable diseases in humans.

2. in cases of justified by the nature of the work tasks performed by a police officer the period of his being on sick leave in a manner other than referred to in paragraph 1. 1.3. Commander in Chief of police shall determine, by order, subject to the provisions on the protection of classified information, the way the Declaration being on sick leave a police officer referred to in paragraph 1. 2.




Article. 121d. [the duties of a police officer] 1. A police officer is obliged to provide the superior the competent personal affairs medical certificate, certificate organizational unit public blood or decision referred to in article 1. 121 c paragraph 1. 1, paragraph 5, within 7 days from the date of their receipt.

2. a statement of the circumstances referred to in article 1. ciples of paragraph 1. 2, paragraph 5 (b). and, the police officer is obliged to submit to the superior the competent personal affairs within 7 days from the date of their occurrence.

3. In the event of failure to the obligation referred to in paragraph 1. 1 or 2, the absence in service period for sick leave shall be deemed to be unjustified absence, unless the failure to submit the certificate or declaration occurred for reasons beyond the control of a police officer.



Article. 121e. [control] 1. The correctness of the rule on the temporary inability to serve due to illness, the correctness of the use of sick leave, the fulfilment of the formal requirements of medical certificates and a police officer referred to in article 2. 121 c paragraph 1. 1, paragraph 3, may be subject to control.

2. Control shall carry out: 1) medical committees subordinate to the Minister competent for internal affairs – in terms of the correctness of the rule on the temporary inability to serve due to illness and the regularity of the use of sick leave;

2) superior police officer competent in matters personal, as regards the regularity of the use of sick leave and to meet the formal requirements of medical certificates and statements police officer referred to in article 2. 121 c paragraph 1. 1 paragraph 3.

3. If, as a result of the control is determined invalid use of sick leave, the police officer loses the right to salary for the entire period of exemption.

4. If, as a result of the control will be determined that the statement by the police officer, referred to in article 2. 121 c paragraph 1. 1, paragraph 3, has been lodged in accordance with the truth, a COP loses the right to salary for the entire period of exemption.

5. If, as a result of the inspection, the Commission shall determine the cessation date medical inability to serve earlier than the date imposed in the certificate, the policeman loses the right to salary for the period from that date to the end of the release.

6. If, as a result of the control will be determined that the sick leave was falsified, the police officer loses the right to salary for the entire period of exemption.

7. checking the regularity of the use of sick leave is to determine whether the policeman during the pronounced inability to serve, including the exercise of the personal care of a child or another Member of the family, does not use sick leave in a manner inconsistent with its purpose and, in particular, or does not perform paid work.

8. control statements police officer referred to in article 2. 121 c paragraph 1. 1, paragraph 3, is to determine whether there has been unforeseen closure of nursery school, kindergarten or school to which the child attends a police officer.

9. Control of the regularity of the use of sick leave and claims a police officer referred to in article 2. 121 c paragraph 1. 1, paragraph 3, shall be carried out a person authorized by the superior police officer.

10. If during an inspection that a policeman is gainfully employed or uses sick otherwise incompatible with its purpose, an inspection body shall draw up minutes, stating what was incorrect use of sick leave.

11. If, in the course of checks, that statement a police officer referred to in article 2. 121 c paragraph 1. 1, paragraph 3, is not true, the person, the inspection shall draw up minutes.

12. the Protocol shall be the officer in order to make it possible. Comment a policeman confirms hand signature.

13. On the basis of the findings contained in the Protocol the superior States lose the right to salary for the period referred to in paragraph 1. 3 or 4. That provision shall apply mutatis mutandis in the case of notification by the Medical Board in the subordination of the Minister competent for internal affairs as a result of control by the irregularities in the use of sick leave.

14. the decision referred to in paragraph 1. 13, the police officer is a reference to a higher supervisor.

15. Control of the formal requirements of medical certificates is verifying that the certificate: 1) has not been falsified;

2) has been issued in accordance with the provisions on the rules and issuance of medical certificates.

16. If, as a result of the checks referred to in paragraph 1. 15 paragraph 1, there is a suspicion that a medical certificate was falsified, superior to the doctor who issued a medical certificate, to clarify the case.

17. In the event of suspicion that the medical certificate has been issued contrary to the provisions on the rules and issuance of medical certificates, the explanation of the cases to the field OU social insurance.



Article. 121f. [calculation of salaries] 1. The basis for the salary referred to in art. ciples, provides basic salary along with the additions of a permanent, due to the Gardai on the last occupation work, taking into account created in this period of changes affecting the right to salary and other entitlements or their height.

2. In calculating the emoluments for the period of being on sick leave, it is presumed that the salary for one day of being on sick leave is 1/30 salaries referred to in article 2. ciples. 3. When the COP took already the emoluments for the period in which he was on sick leave, he deducted the relevant part of the salaries at the next payment.

4. The police officer, who was on sick leave in the last month of service, to be the appropriate part of the salaries of your duties in respect of exemption from service or a police officer this returns the relevant part of the salaries on termination of business relationship.



Article. 121 g. [the measures obtained in respect of the reduction of salaries of policemen during the period being on sick leave] 1. Funds received in respect of reduced salaries of policemen during the period being on sick leave shall be allocated in full to the rewards for completing quests work to replace police officers on redundancies.

2. The financial resources referred to in paragraph 1. 1, increase the prize fund and payments for police officers.

3. Chapter funds, referred to in paragraph 1. 1, takes place after the end of the tax period, lasting for not less than one calendar month and no more than 3 calendar months, the choice being the billing period dependent on the size of the funds received in respect of reduced salaries.



Article. 121h. [Determining the calculation basis benefits] Reduce the amount of basic salary along with on a permanent basis for the period spent on sick leave shall not be taken into account in determining the calculation basis benefits referred to in article 1. paragraph 108. 1 paragraphs 1, 3 and 6 and paragraphs 1 and 2. 2, paragraph 2 and article. 117. Article. 121i. [Annual Summary for reasons of being police officers for medical exemptions] 1. Commander in Chief of police shall draw up an annual summary for reasons of being police officers for medical exemptions, which passes to the Minister competent for internal affairs in the period to the end of March next year.

2. In the statement referred to in paragraph 1. 1, the total period of residence police officers for medical exemptions, including the Division for reasons indicated in the article. ciples of paragraph 1. 2, 5 and 6, and the average period of being a police officer on sick leave, including the average annual number of hours of non-execution of obligations by a police officer.

3. The proper Minister of the Interior shall determine, by regulation, the pattern of the statement referred to in paragraph 1. 1, bearing in mind the need to ensure the transparency of the information contained in the statement.

Article. 122. [the right to keep the salaries of the police officer dedicated to training or to study] 1. A police officer assigned to the school or for training or to study in the country receives a salary and other charges.

2. The proper Minister of the Interior shall determine, by regulation, the amount of and rules for salaries and other charges referred to in paragraph 1. 1, having regard to the cases of eligible police officer addressed to the school or for training or to study in the country to receive salaries, and how to calculate the lump sum equivalent of the money to cover the cost of the journey, as well as the principles of the settlement of travel expenses related to serving science.

3. The proper Minister of the Interior, in consultation with the competent Minister of public financies and the competent Minister for the work, shall determine, by regulation, the amount of the salaries and other charges cash COP to the Academy and other schools (courses) abroad, having regard to the conditions for receiving them, and the manner and deadlines for payment.


Article. 122A. [the application of the provisions concerning Polish diplomatic] police officer seconded to act as a liaison officer in the Polish diplomatic delegations with regard to the right to salary and other benefits and receivables cash applies only the provisions relating to employees of the Polish diplomatic representations.

Article. 123. [Download by a police officer the remuneration for persons holding managerial positions of State] 1. If you download by a police officer the remuneration provided for in the rules about the gender pay gap in managerial positions, the police officer and the members of his family are entitled to the benefits and receivables cash service, referred to in this Act, with the exception of royalties referred to in art. 72.2. Benefits and dues money referred to in paragraph 1. 1 there shall be determined, taking into account the remuneration to the Gardai on the last occupation or work, at the rate applying on the date of release from service or on the day of his death.

Article. 124. [amount of the salaries of the police officer zawieszonemu] 1. Police officer zawieszonemu in work hangs from the nearest payment date 50% of the last of the salaries.

2. After criminal proceedings or disciplinary action, as a cause of suspension of business activities, the police officer receives a suspended part of the salaries and mandatory increases made during the suspension period, if there has been convicted by a court or punished with disciplinary expulsion from service.

Article. 125. [the amount of the salaries of the police officer temporarily the detainee was ordered to] 1. The police officer temporarily the detainee was ordered to hang from the nearest payment date 50% of the last of the salaries.

2. in the event of redemption of the criminal proceedings or acquittal of final court, police officer receives a suspended part of the salaries and mandatory increases in the salaries, introduced during the period of suspension, even if remission or acquittal came after the release of a police officer, subject to the provisions of paragraph 1. 3.3. The provisions of paragraph 1. 2 shall not apply in cases where criminal proceedings were discontinued because of prescription or amnesty, as well as in the case of a conditional remission of the criminal proceedings.

Article. 126. [suspension of the salaries of the police officer to be when you leave your desk place service] 1. The officer, who wantonly has left the place of service or remain outside it or does not take the service, freezes the emoluments from the next payment due date. If a police officer has checked out already for the Unexcused absence of emoluments, he shall deduct a proportion of salaries at the next payment.

2. If the absence by having been justified, shall be paid the officer suspended the emoluments; in the absence of unjustifiable police officer loses for each day of absence 1/30 part of the monthly salary.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall apply mutatis mutandis in the event of a fault the inability of police duties.

4. The police officer who starts unpaid leave within a calendar month, shall be entitled to the emoluments amounting to 1/30 of the monthly salary for each day preceding the day of commencement of leave without pay. If a police officer has checked out already the emoluments for leave without pay, shall be deducted him the appropriate part of the salaries at the next payment.

Article. 127. [Deduction] 1. The policeman's salary deduction may be made within the limits and under the conditions laid down in the provisions of the labour law and other specific legislation applicable to remuneration for work, if the provisions of this Act does not provide otherwise.

2. the emoluments referred to in paragraph 1. 1, you must understand the salary listed in article 1. 100, check for exemptions from service and benefits listed in article 1. 112 and 117, subject to paragraph 2. 3.3. Check-in for exemption from service subject to enforcement only to satisfy the outstanding maintenance payments, taking into account the limitations imposed by paragraph 1. 1. Article. 128. [Disable] Provision art. paragraph 127. 1 and 2 shall not apply to advances being downloaded to the settlement, and in particular on the costs of the trip, the delegation and the transfer. These claims shall be deducted from the salaries in full, regardless of the deductions from other titles.

Article. 129. [consultation of trade union officers] the powers provided for in article 5. 12. 101 paragraphs 1 and 2. 2, art. 102. paragraph 104. 6, art. 105 paragraph 1. 3, art. paragraph 110. 1, art. 112 paragraph 1. 1, art. 113. paragraph 120. 2 minister responsible for Home Affairs performs after obtaining the opinion of the Trade Union.

Article. 130. (repealed).

Article. 131. [the application of the provisions concerning police officers in preparatory service] 1. The provisions of sections 7 to 9 of this Act on the policemen in the preparatory service shall also apply to police officers in the service of the candidate, with the exception of the provisions of article 4. 88 para. 2 and art. 115 paragraph 1. 4.2. The provision of paragraph 1. 1 shall apply mutatis mutandis to the police officers in the service contract.



Chapter 10 disciplinary responsibility and criminal police Article. 132. [conditions for disciplinary responsibility of a police officer] 1. A police officer responds to disciplinary action for committing a disciplinary offence of infringement of professional discipline or non-compliance with the rules of professional ethics.

2. breach of professional discipline is the Act of a police officer in which attributable to exceeding powers or failure to execute the obligations arising from the law or orders and commands issued by his superiors authorized on the basis of these provisions.

3. Violation of the discipline of business, in particular: 1) the denial of the execution or non-execution of the order or the superior or authority authorized under the Act to issue instructions to the police, with the exception of orders and commands, referred to in article 1. 58 paragraph 1. 2;

2) business or inactions her improperly;

3) breach of official duties or exceeding the powers laid down in the law;

4) misrepresentation of the superior or another COP, if this resulted in or could cause harm to the service, the officer or other person;

5) proceedings of the superior in a manner which contributes to the relaxation of the professional discipline in an underlying organizational unit, or organizational cell police;

6) to appear in the State after using alcohol or just running and consuming alcohol or just running the Center at the time of service or facilities or in areas occupied by the police;

7) loss of business firearms, ammunition or business card;

8) loss of existing item, which use by unauthorized persons harm citizens or created a threat to public order or safety;

9) loss of material containing classified information.

4. An act constituting a disciplinary offence, the filling at the same time, the hallmarks of offence or tax offences or offences, tax is subject to disciplinary responsibility regardless of criminal liability.

4A. in the case of an act constituting a disciplinary offence, the filling at the same time, the hallmarks of the offense, in the case of minor or punishing a fine, postponed a disciplinary may not institute disciplinary proceedings and initiated release.

4B. in the case of an act constituting a disciplinary minor disciplinary supervisor may withdraw from the proceedings and perform with the suspect disciplinary misconduct that is documented in the form of notes, call dyscyplinującą.

4. The note referred to in paragraph 1. 4B, be included in the personal file for a period of one year.

Article. 132A. [Culpable disciplinary] disciplinary is culpable if the COP: 1) is going to commit, this is wants them to commit or anticipating its Commission, it reconciles;

2) having no intention to commit fraud, commits them, however, as a result of negligent required in the circumstances, even though the possibility of the provided for the or can and should provide.

Article. 132b. [Form stadialne disciplinary misconduct] 1. Policeman corresponds to the disciplinary action, if it commits a disciplinary offence alone or jointly or in concert with another person, and also in the case when the police disciplinary misconduct by another commit directs.

2. A police officer responds to disciplinary action even if calls another police officer to commit a disciplinary offence or makes it easier to commit.

3. each of the police officers referred to in paragraph 1. 1 and 2, is responsible within the limits of their guilt, regardless of the liability of the other people.

Article. 133. [the superior disciplinary] 1. Disciplinary superior is superior, referred to in article 2. 32 paragraph 1. 1, subject to paragraph 2. 2 and 3. The same disciplinary authority has a police officer entrusted with the duties as a work referred to in article 2. 32 paragraph 1. 1.


2. disciplinary Superior police officer seconded to a temporary duty or entrusted with the exercise of official duties or which were sent on vocational training, studying at the higher school of police or professional development course in the school or police at the police training is postponed a disciplinary service site, pursuing training or study, excluding the possibility of rule on the penalties referred to in article 1. 134 points 3 to 6, which renders superior, referred to in article 2. 32 paragraph 1. 1.3. The superior disciplinary police officer to perform duties delegated outside the country is contingent commander of the police, in which a police officer fully service, excluding the possibility of rule on the penalties referred to in article 1. 134 points 3 to 6, which renders superior, referred to in article 2. 32 paragraph 1. 1.4. In the case of transfer of a police officer to perform duties in a different organizational unit of the police and the related changes to the properties of the superior of the disciplinary action, the disciplinary proceedings initiated against a police officer takes over and decides in the first instance a new disciplinary superior of.

5. A police officer seconded to perform business tasks outside of the police is subject to the disciplinary authority of the superior, referred to in article 2. 32 paragraph 1. 1.6. The superior disciplinary may in writing authorize the Deputy or other police officers with him by organizational unit of the police to get things done disciplinary matters on its behalf within the specified range.

7. in terms of determining the properties of the superior in disciplinary matters are resolved by the higher disciplinary superior by way of the provisions.

8. Major superiors disciplinary in disciplinary proceedings are: 1) the Commander of the Provincial Police – in relation to the Commandant of the district (municipal) police;

2) Commandant of the Metropolitan Police in relation to the Commandant of the district (City) and district police;

3) Commander in Chief of the police in relation to the Commander CBŚP, Commander of the provincial police, Commander of the Metropolitan Police, Commander of the police school and the Commander of the police contingent.

Article. 134. [disciplinary] disciplinary Penalties are: 1) reprimand;

2) ban on leaving the designated location;

3) warning about incomplete suitability to serve occupation;

4) designation on lower job title;

5) reduction of degree;

6) dismissal from the service.

Article. 134a. [Rebuke] Punish reprimand means pointing out ukaranemu by the superior disciplinary misconduct.

Article. 134B. [ban on leaving the designated location] 1. Ban from leaving the designated place of residence means a ban on leaving the designated location by ukaranego serving in skoszarowanym. The penalty imposed for the period from 3 to 14 days.

2. At the time of the penalty the exit ban designated place of being punished is obliged: 1) time course work reside in an organizational unit of the police, in which the full service, or another place designated by the superior;

2) report to the supervisor or another indicated a policeman at specified intervals, no more than four times a day.

Article. 134c. [warning about incomplete suitability of occupation] Penalty warnings about incomplete suitability of occupation means pointing out ukaranemu misconduct and prejudice that if commit disciplinary, may be appointed to a lower position work in disciplinary action or punishment stricter disciplinary penalty.

Article. 134d. [the designation of lower job title] 1. Capital punishment designate the lower job title means the cancellation or release so far, official position and appointment or appointment to the position of duty lower than the previously occupied. The imposition of capital punishment designate the lower job title causes a loss of rights referred to in article 1. 6E paragraph. 3 and art. 103 para. 2.2. -Seize the punishment designate the lower job title COP cannot appoint or nominate to a higher position.

Article. 134e. [reduction of the degree of] 1. The penalty reduction degree means a reduction of your degree.

2. The penalty reduction degree can bring only punishment designate the lower job title or the penalty of expulsion.

Article. 134f. [removal from post] dismissal from service means exemption from service in the police.

Article. 134. [prohibition of imposition of several disciplinary penalties] 1. For committed disciplinary can impose only one disciplinary penalty.

2. For committing some disciplinary misconduct can impose one punishment disciplinary board, similarly, respectively.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall apply subject to article. 134e paragraph. 2. Article. 134h. [rules of the penalty] 1. Meted out the punishment should be commensurate with the disciplinary misconduct and the degree of culpability, in particular, should take into account the circumstances of committing a disciplinary misconduct, its effects, including the implications for the service, the type and degree of infringement of the obligations on the defendant duties, wake-up activity, the behavior of an accused person before committing a disciplinary offence and after its Commission and the existing process.

2. On the aggravation of the penalty the following circumstances affect a disciplinary offence committed: 1) with motivation deserving special condemnation or able to after using alcohol or other similarly acting;

2) committing a disciplinary offence by a police officer seize leveled him disciplinary penalty;

3) serious adverse disciplinary misconduct, especially significant disruption of the implementation of the tasks of the police or of a breach of the good name of the police;

4) activity in the presence of a subordinate, together with him, or on his injury.

3. To help ease the penalty the following circumstances affect a disciplinary offence committed: 1) nieumyślność it was committed;

2) by a police officer of an effort to reduce its effects;

3) lack of sound professional experience or insufficient professional skills;

4) voluntary disciplinary Commission disciplinary misconduct of superior informed prior to the initiation of disciplinary proceedings.

4. disciplinary Superior shall take account of the circumstances referred to in paragraph 1. 1-3, only in relation to the police officer, whom they relate.

Article. 134i. [the initiation of disciplinary proceedings] 1. The superior discipline if there is a justified assumption of committing a disciplinary offence by a police officer: 1) shall initiate disciplinary proceedings: a) on its own initiative, b) at the request of the direct superior of the policeman, c) to the higher command of the superior, d) at the request of the Court or the public prosecutor;

2) may initiate disciplinary proceedings at the request of the injured party.

2. the Higher disciplinary superior may initiate or take to conduct disciplinary proceedings before judgment if, in its view, is necessary due to the nature of the case.

3. In the case referred to in paragraph 1. 1 (1) (a). (d) and paragraph 2, the Superior Court accordingly notify the Prosecutor or disciplinary or the victim to initiate disciplinary proceedings and the outcome of that procedure by sending a copy of the judgment or order. Materials provided by the Court, the Prosecutor or the injured party be included in the Act of disciplinary proceedings.

4. If there are doubts about committing misconduct disciplinary action, his legal qualifications or identity of the offender, prior to the initiation of disciplinary proceedings disciplinary superior have carried out investigations. These steps must be completed within 30 days.

5. Disciplinary proceedings shall be initiated as from the date of adoption of the order of the initiation of disciplinary proceedings. A police officer, as to which provision of the initiation of the disciplinary proceedings, shall be considered as an accused person.

6. the order of initiation of disciplinary proceedings includes: 1) the designation of the superior disciplinary;

2) date of issue;

3) degree, first and last name and job title of an accused person;

4) a description of the disciplinary offence alleged obwinionemu along with its legal qualification;

5) justification the actual alleged disciplinary offence;

6) disciplinary ombudsman investigating;

7) signature of Administration degree, first and last names of the superior disciplinary;

8) the letter of rights conferred obwinionemu in the course of the disciplinary proceedings.

Article. 135. [order not to initiate disciplinary proceedings] 1. Disciplinary proceedings not instituted and initiated cancellations: 1) if the investigation has not confirmed the existence of a disciplinary offence;

2) after the expiry of the time limits referred to in paragraph 1. 4 and 5;

3) in the event of death of a police officer;

4) if final judgment has been passed upon the same issue disciplinary action or disciplinary proceedings are pending.


2. Order not to initiate disciplinary proceedings and the decision on the closure of disciplinary proceedings shall be delivered to the victims, if it made a request for the initiation of disciplinary proceedings. In order not to initiate disciplinary proceedings and the decision to discontinue the proceedings, the victim may bring a complaint, or reference, respectively, within 7 days from the date of their delivery.

3. Disciplinary proceedings shall be initiated not after 90 days from the date of receiving by the superior of the disciplinary Commission disciplinary misconduct news.

4. disciplinary Penalties cannot be impose after one year from the date of committing a disciplinary offence. Suspension of disciplinary proceedings suspends the running of the term.

5. If a disciplinary offense is an act containing at the same time, the stigmas of the offence or the offence or misconduct tax IRS, expiry of the period referred to in paragraph 1. 4 shall not take place earlier than limitation criminal records of these crimes or offences.

6. In the case of a decision on punishment in the first instance before the end of the year from the date of the initiation of disciplinary proceedings shall be deemed to be completed with the expiry of the time for appeal and if the appeal, upon decision by the higher disciplinary superior of.

Article. 135a. [the disciplinary Spokesman] 1. Disciplinary proceedings and investigations referred to in article 1. 134i paragraph. 4, leads the disciplinary spokesman.

2. the Supervisor shall appoint a disciplinary attorneys disciplinary for a period of 4 years out of police officers in the service.

3. Superior disciplinary to conduct disciplinary proceedings and investigations referred to in article 1. 134i paragraph. 4, shall appoint a disciplinary Ombudsman to the extent: 1) at least the younger aspiranta, if you want a police officer holding a degree in the privates, non-commissioned officers or aspirants;

2) at least podkomisarza, if the proceedings to a police officer who has the degree of podkomisarza, the Commissioner or nadkomisarza or a policeman with a degree referred to in paragraph 1;

3) at least podinspektora, if the proceedings to be a police officer with a rank of podinspektora or higher or a policeman with a degree referred to in paragraph 2.

Article. 135b. [Appeal disciplinary Attorney] 1. The superior disciplinary references the disciplinary ombudsman in cases of: 1) of the circumstances which are the basis for exemption from service in the police;

2) final justice disciplinary;

3) transfer it to a different organizational unit Police non-directly to the superior discipline.

2. The Ombudsman shall, with the consent of the superior disciplinary action, you can use another disciplinary Attorney in carrying out the steps.

Article. 135vs were upgraded from [the conditions for exclusion from the proceedings superior disciplinary or disciplinary Attorney] 1. Postponed a disciplinary or a disciplinary Ombudsman be excluded from participation in disciplinary proceedings, if: 1) the case concerns it directly;

2) is the spouse, relative or kin of an accused person, or his victim within the meaning of the provisions of the code of criminal procedure;

3) witnessed the deed;

4) between him and the defendant or the victim by the defendant, there is a personal relationship that may trigger doubts about his impartiality.

2. Superior disciplinary and disciplinary Ombudsman can be disabled from participation in disciplinary proceedings also in other justified reasons.

3. About justifying the exclusion from participation in disciplinary proceedings disciplinary superior and the Ombudsman immediately shall notify the higher disciplinary superior accordingly disciplinary and superior of the disciplinary action.

4. exclusion of superior disciplinary and disciplinary Attorney from participation in disciplinary proceedings may also be refused at the request of the defendant or defender, if it was established.

5. Superior disciplinary issues a decision to exclude or refusal to exclude the disciplinary Ombudsman from participation in disciplinary proceedings.

6. Higher superior disciplinary issues a decision to exclude or to refuse the exemption of the superior disciplinary in disciplinary proceedings.

Article. 135d. [taking over the proceedings by a senior supervisor of the disciplinary] 1. If you turn off the superior disciplinary from the participation in disciplinary proceedings on the basis of article. 135vs were upgraded from the paragraph. 1 and 2, the disciplinary proceedings takes higher superior disciplinary or designates the superior disciplinary equivalent organizational unit of the police.

2. in the case of exclusion of Commander in Chief of the police in disciplinary proceedings on the basis of article. 135vs were upgraded from the paragraph. 1 and 2, the disciplinary proceedings takes over one of his deputies.

3. in the case of exclusion of Ombudsman disciplinary from the participation in disciplinary proceedings on the basis of article. 135vs were upgraded from the paragraph. 1 and 2, the disciplinary proceedings takes to conduct another designated disciplinary spokesman.

4. Until such time as by the superior of the disciplinary provisions to exclude the disciplinary ombudsman takes urgent steps only.

Article. 135v/w is the [Task of the Ombudsman disciplinary] 1. A spokesman for the disciplinary collects evidence and take the necessary steps to clarify the matter. In particular, interviews of witnesses, the defendant, takes him to explain, make a Visual inspection. These activities shall draw up protocols. A spokesman for the disciplinary may also have carried out relevant studies.

2. From activities other than those mentioned in paragraph 1. 1 shall be drawn up, if the special provision that requires either postponed a disciplinary or a disciplinary Ombudsman deems it necessary. In other cases you can limit yourself to make notes.

3. The Protocol should include: 1) the designation of the operation, its time and place, people participating in it or present and the nature of their participation;

2) description of activities;

3) where necessary: (a)) other circumstances relating to the course of actions, (b)), claims and conclusions of the participants steps c) letter of powers and duties.

4. Explanations, evidence, statements and conclusions and specific circumstances by the disciplinary or the head of the organizational unit of the police, referred to in paragraph 1. 8, shall be recorded in the minutes of the possible accuracy, and people taking part in the action shall have the right to require in the minutes of the full fidelity of everything that affects their rights and interests.

5. the persons involved in the activities, from which it is drawn up the Protocol, as well as the persons present, after reviewing the content of the Protocol, shall sign each page. Refusing to familiarize yourself with the content of the Protocol, as well as the denial or lack of the signature of any person shall be discussed in the Protocol.

6. The Ombudsman shall in the course of the proceedings it seems, if their release is not reserved to the superior properties of the disciplinary action.

7. An order made in the course of the proceedings, with the exception of the provisions on disciplinary proceedings, should contain: 1) the issuing order of the disciplinary ombudsman or disciplinary superior;

2) date of issue;

3) the legal basis for the adoption of the order;

4) degree, first and last name and job title of an accused person;

5) decision;

6) justification in fact and in law;

7) instruction, whether and in what mode has the right to submit complaints;

8) caption mentioning the degree, first and last name of the issuing order.

8. If you need to carry out operations outside the town, in which proceedings are pending disciplinary action, disciplinary may ask for them to be carried out to the head of the organizational unit of the police of the competent according to the place in which the Act is to be made.

9. If the Act which is the subject of disciplinary proceedings is or has been the subject of other proceedings, including investigation, disciplinary may apply to the competent authority for the Act in whole or in part. With the agreement of that authority, needed copies or extracts from the shared file be included in the Act of disciplinary proceedings.

10. If the compiled evidence justifies them, disciplinary issues a decision about the change or addition.

Article. 135f. [Powers of an accused person in the course of disciplinary proceedings] 1. In the course of disciplinary proceedings blamed has the right to: 1) remain silent;

2) proposals of evidence;

3) browsing the Act of disciplinary proceedings and the drafting of notes, subject to paragraph 2. 2;

4) (lost power);

4A) the establishment of a defender, which may be a COP, a lawyer or a legal adviser;


5) contribute to a superior disciplinary complaints on the provisions issued by the Ombudsman in the course of the proceedings of the disciplinary, within 3 days from the date of service, and in cases specified in the Act; from the provisions issued by the superior of the disciplinary complaint is entitled to the higher of the superior disciplinary action, subject to article 22. 135 k paragraph 1. 4.2. A spokesman for the disciplinary may, by order, refuse to share the file, if it precludes a good disciplinary proceedings. On order are entitled to appeal.

3. The establishment of the Defender shall entitle him to act throughout the disciplinary proceedings, including the action after the final judgment, if it does not contain restriction. To change the scope of the power of attorney to act in disciplinary proceedings or about his withdrawal blamed shall immediately inform the defender and advocate of the disciplinary.

4. The Defender may not take steps, to the detriment of the defendant. He can opt out of represent an accused person in the course of disciplinary proceedings, the notice that an accused person and a disciplinary ombudsman. Pending the establishment of a new Defender, but not longer than 14 days from the date of notification of an accused person, is obliged to take the necessary steps.

5. the share of a defender in disciplinary proceedings does not exclude the personal act of an accused person in it.

6. A decision, order, notice and other writings, published in the course of disciplinary proceedings, shall be served on the obwinionemu and, if it was established. In the event of delivery of obwinionemu and for different dates of Scripture, from which an appeal or complaint, the time limit for appeal or complaint shall be counted from the date of notification, which took place earlier.

7. Request the evidence written disciplinary Ombudsman reports blamed, which shall decide on the request, or refuses to, by way of the provisions, take account of the request if: 1), the fact to be proven, it does not matter to the outcome of the case or is already proven in accordance with the claim of the applicant;

2) proof is useless for determining the circumstances or cannot be carried out;

3) the taking of evidence is against the law.

8. The provision concerning the failure to request the taking of evidence shall be entitled to appeal.

9. Absence of an accused person in the service of, the release of an accused person from business activities due to illness and unjustified failure to call a disciplinary Ombudsman does not suspend the running of disciplinary proceedings, and actions, which are provided for the participation of the defendant, not carried out, or is carried out at the place of his residence.

10. participation in the activities of evidence and understanding acts of disciplinary proceedings the defendant released from business activities because of the disease requires the consent of a doctor who held temporary inability of the defendant. If it is not possible to contact your doctor or the doctor changes the permission may be granted by the doctor, which now treats the accused person, and subsequently, a doctor with the same specialty.

Article. 135 g. [presumption of innocence of an accused person] 1. The superior disciplinary and disciplinary shall examine and take into account the circumstances of the case both in favor and against the defendant.

2. An accused person is considered innocent until his wine is not proven and established by a final decision. Indelible remove doubts are resolved in favor of the defendant.

Article. 135h. [the term at the end of evidence] 1. Activities of proof in disciplinary proceedings should be completed within one month from the date of the initiation of this investigation. The higher the superior discipline by means of provisions, may extend the term Act of proof for 2 months.

2. the Commander in Chief of the police, by way of the provisions, the term may be extended by the Act of proof of time over 2 months.

3. Superior disciplinary may suspend disciplinary proceedings because of long-term obstacles preventing the conduct of the proceedings. The order to suspend disciplinary proceedings shall be entitled to appeal within 7 days from the date of service of the order. If the disciplinary proceedings were initiated on the initiative of the victim, the complaint can also submit the victim.

4. Superior disciplinary issues a decision on the suspended disciplinary proceedings after cessation of the obstacles referred to in paragraph 1. 3. Article. 135and. [Review of an accused person with the acts of disciplinary proceedings] 1. A spokesman for disciplinary, following the steps of evidence and recognition that have been explained to all the relevant circumstances of the case, take note of an accused person with the acts of disciplinary proceedings.

2. A Defender may refer to the acts of the disciplinary procedure, referred to in paragraph 1. 1, not later than the defendant acquainted with these acts.

3. Of the following review of the acts of disciplinary proceedings shall be drawn up.

4. refusal to familiarize yourself with the acts of the proceedings or signature stating this fact shall not prevent proceedings. A spokesman for the disciplinary shall mention of refusal in the file.

5. Blamed has the right within 3 days from the date of check out acts of disciplinary proceedings request about their supplement. On the issued by the Ombudsman the disciplinary order of refusal addendum Act disciplinary obwinionemu's for the right to submit complaints.

6. Blamed has the right within 3 days from the date of check out accompanied with acts of disciplinary proceedings request their complement in terms of carried out activities of evidence supporting files that procedure.

7. The Ombudsman shall, after hearing the defendant with the acts of disciplinary proceedings, shall make an order to terminate the steps of evidence and shall draw up a report, that: 1) indicates that the investigating and disciplinary superior, which issued a decision to initiate disciplinary proceedings;

2) indicates an accused person and specifies alleged disciplinary offence to him, with a description of the facts established on the basis of evidence;

3) presents proposals for acquittal, withdraw from the punishment or the assessment of penalties or does not proceed.

Article. 135j. [decision] 1. Based on the evaluation of the collected in disciplinary proceedings of the evidence the superior disciplinary ruling: 1) acquittal or 2) withdrawal from the punishing, or 3) punishment, or 4) discontinue the proceedings.

2. The decision shall include: 1) the designation of the superior disciplinary;

2) date of issue of the decision;

3) degree, first and last name and job title of an accused person;

4) a description of the disciplinary offence alleged obwinionemu along with a legal qualification;

5) decision on the acquittal, a finding of guilt and withdrawal from the punishment or procedures for disciplinary penalty or remission of disciplinary proceedings;

6) rationale for the decision in fact and in law;

7) the letter of the law, date and mode of appeal;

8) signature, with degree, first and last names of the superior disciplinary, and the seal of the organizational unit of the police.

3. Postponed a disciplinary order repealed, referred to in article 1. 135and paragraph 1. 7, and shall forward the case file to the Ombudsman of disciplinary action to be completed, if it is found that has not been explained to all the circumstances of the case.

4. Superior disciplinary redeems the disciplinary proceedings in the cases referred to in article 1. 135 paragraph 1. 1, or when it became devoid of any other reason.

5. Superior disciplinary may waive the punishment, if the degree of fault or the degree of harmfulness of disciplinary offence for service is not significant, and the properties and conditions of personal police officer, and the current process of service justify the assumption that despite the withdrawal from the punishment he will abide by the discipline and rules of professional conduct.

6. The decision referred to in paragraph 1. 1, and the reasons for it shall be made in writing no later than within 14 days from the date of the adoption of the order of the completion of the activities.

7. The decision referred to in paragraph 1. 1, shall be delivered to the obwinionemu immediately.

8. If the disciplinary superior, referred to in article 2. 133 paragraph 2. 2 and 3, it considers that it should impose disciplinary penalty to which the assessment is not entitled, the request, together with the acts of disciplinary proceedings shall send to the superior discipline entitled to impose this penalty.

9. If you want to bring the penalty of expulsion from the police superior discipline before the disciplinary decision, calls upon remand to the report in order to listen to it. In the report involved the disciplinary spokesman. Of the date of the report, notify the Board of the proper organisation of the company Trade Union. The representative of the Board may participate in the report unless blamed not permission to do so. Obwinionemu served on the report in time to read it before the report.

10. The provisions of paragraph 1. 9 shall not apply in the case of: 1) the provisional arrest of an accused person;


2) refusal the defendant appear to report or Unexcused absences within the report;

3) of other obstacles preventing the obwinionemu to report within 14 days from the date of service of the order of the completion of the activities.

Article. 135 k [Dwuinstancyjność procedure] 1. The disciplinary proceedings is two stages. From a judgment in the first instance obwinionemu have the right to appeal within 7 days from the date of notification of the decision.

2. the appeal shall be submitted to the higher disciplinary superior through superior, that gave the judgment at first instance.

3. the Higher disciplinary superior refuses to accept the appeal, by way of the provisions, if it is filed after the due date, or by an unauthorized person or is unacceptable. The order in this matter is final.

4. If the judgment or order in the first instance delivered the Commander in Chief of the police, appeal or complaint shall not be entitled to. Blamed may, however, within the period referred to in paragraph 1. 1, return to the Commander in Chief of the police to request a retrial; to that conclusion shall apply mutatis mutandis the provisions concerning appeals from decisions.

Article. 135 l. [appeal] 1. In an appeal case on the basis of the facts established in the disciplinary proceedings. If it is needed to correct the judgment, the superior discipline can make up the evidence by having the Ombudsman disciplinary action leading disciplinary action of proof, defining their scope.

2. The materials obtained as a result of the actions of proof referred to in paragraph 1. 1, a spokesman for the Chief defendant, take note. Within 3 days from the date of the review blamed has the right application a higher supervisor of disciplinary action referred to in paragraph 1. 1, comments on the activities carried out. The provisions of article 4. 135and paragraph 1. 1-4 shall apply mutatis mutandis.

Article. 135. [the Commission to examine the contested decision] 1. Higher superior shall within 7 days from the date of filing the appeal may appoint a Commission to examine the contested decision, hereinafter referred to as "the Commission". In the event of an appeal against a decision on punishment of the penalty referred to in article 1. 134 points 4 to 6, the higher disciplinary superior is obliged to appoint the Commission.

2. The Commission shall be composed of three officers in the service of a constant, of whom two shall designate a higher disciplinary superior, and one competent Board of the provincial trade union officers, subject to the provisions of paragraph 2. 3.3. Of the appointment of the representative of the Trade Union to the composition of the Commission, President of the Board of Directors of the provincial trade union officers shall notify the higher disciplinary superior within 3 days from the date of receipt of the notification of the appointment of such a Commission. In the case of no representative trade union, the third member of the Commission shall appoint the higher disciplinary superior of.

4. Higher superior shall designate the President of the members of the Commission.

5. The provisions of article 4. 135vs were upgraded from the paragraph. 1-3 shall apply mutatis mutandis to the members of the Commission.

6. The Commission may hear disciplinary Attorney, the defendant or his counsel.

7. Failure to properly zawiadomionych: Ombudsman disciplinary action, the defendant or Defender shall not prevent resolution of the case.

8. the Commission may apply to the higher disciplinary superior to supplement evidence pursuant to art. 135 l paragraph. 1. Article. 135n. [the drawing up by the Commission report, together with a proposal for how to do references] 1. Carried out actions the Commission shall draw up a report, together with a proposal for how to do references.

2. The Commission shall submit to the higher disciplinary supervisor report referred to in paragraph 1. 1, within 21 days from the date of its appointment.

3. consideration of the appeal by the higher disciplinary superior should take place within 14 days from the date of effect of the appeal, and, in the case of the appointment of the Commission, within 7 days from the date of receipt of the report referred to in paragraph 1. 1.4. The higher the superior disciplinary may contested the judgment: 1) maintain in force or 2) waive, in whole or in part, and in this regard to acquit an accused person, withdraw from the punishing, or impose a different penalty or avoiding this judgment – release of disciplinary proceedings in the first instance, or 3) should be repealed in its entirety and refer the matter for reconsideration by the superior disciplinary action, when the decision requires actions evidence in whole or in substantial part.

5. The appeal proceedings to adjudicate in the case of withdrawal of the appeal.

6. On appeal the higher disciplinary superior may not impose more severe disciplinary penalty, unless the contested decision blatantly violates the law or the interests of the service.

Article. 135o. [the legitimacy of the judgment or order] 1. Judgment or order becomes final: 1) with the deadline for an appeal or complaint, if it was not;

2) on the judgment or order by the review body.

2. the superior discipline after the final judgment or order, immediately executes the sentence imposed. By the decision of punishment prohibition from leaving the designated location supervisor shall set a deadline for the start and end of the sentence, at the same time it shall inform the ukaranego.

3. Superior jurisdiction in personal matters after the judgment becomes final immediately executes the penalty warnings about incomplete suitability to serve the occupation.

4. the Supervisor referred to in paragraph 1. 3, after the judgment becomes final immediately executes the punishment: the designation of lower job title, grade reduction or removal from service by issuing the command personnel, respectively: the release or cancellation of ukaranego of work position and the appointment or appointment of him to a lower position, reduction or exemption ukaranego a police officer. Provision of art. 134e paragraph. 2 shall apply mutatis mutandis.

5. the final decision to withdraw from the punishing or punishment, and the final decision to withdraw from the initiation of a disciplinary procedure be included in the personal file of a policeman.

Article. 135p. [the application of the provisions of the code of criminal procedure] 1. In terms of unregulated in this Act to the disciplinary procedure shall apply mutatis mutandis the provisions of the code of criminal procedure, relating to the meeting requests, appointments, service and witnesses, with the exception of the possibility of the imposition of penalties. In disciplinary proceedings to witnesses shall not apply article. 184 of the code of criminal procedure.

2. Exempt from filing or answers to questions people remaining with the defendant in particularly close personal relationship settles disciplinary spokesman. Denial of an exemption from filing or answers to questions is a complaint within 3 days from the date of service of the order.

Article. 135q. [bridge the disciplinary penalty] 1. Blurring the disciplinary penalty means recognition of penalties for void.

2. disciplinary Penalties are subject to seizure after: 1) 6 months from the date when the decision of punishment a reprimand or punishment prohibition from leaving the designated location;

2) 12 months from the date when the decision of the penalty warnings about incomplete suitability to serve occupation;

3) 18 months from the date when the decision of punishment designate the lower position.

3. in the case of impeccable service, known in professional reviews, disciplinary, referred to in article 2. 32 paragraph 1. 1, can blur the disciplinary punishment before the expiry of the period referred to in paragraph 1. 2, but not earlier than before: 1) 3 months from the date of the decision of punishment a reprimand or punishment prohibition from leaving the designated location;

2) 6 months from the date of the judgment of the penalty warnings about incomplete suitability to serve occupation;

3) 12 months from the date of the decision of punishment designate the lower position.

4. For demonstrating bravery or courage, and for major achievements in carrying out the work postponed a disciplinary, referred to in article 2. 32 paragraph 1. 1, may, at any time, to wipe out the disciplinary penalty.

5. If a policeman will be punished again seize disciplinary penalty, the period required for the blurring that you didn't penalty runs again from the date of the decision of the new penalties.

6. in the case of simultaneous execution of more than one disciplinary penalty obliteration of penalties from the expiry of the time provided for the penalty more severe.

7. Bridge the disciplinary penalty disassociates from the personal file of a police officer of a decision on punishment. The decision to withdraw from the punishment is removed from the personal file after 6 months from the date of its implementations, the provisions of paragraph 1. 3 and 4 shall apply mutatis mutandis.

Article. 135R. [resumption of disciplinary proceedings] 1. Disciplinary proceedings terminated by a final judgment of the resume, if: 1) evidence, on the basis of which the relevant circumstances, proved to be false;

2) disclosed the relevant circumstances, which were not known in the course of disciplinary proceedings;


3) judgment in violation of the rules in force, and if it could have an impact on the content of the decision;

4) judgment was given on the basis of a different decision or the decision of the Court, which were subsequently repealed or amended.

2. Disciplinary proceedings shall resume at the request of the ukaranego or the defendant, or, in the case of his death, at the request of a family member who is entitled to a survivor's pension, if, as a result of the decisions of the Constitutional Court has lost power or has changed legal provision which is the basis for the disciplinary ruling.

3. In the case referred to in paragraph 1. 2, the application for renewal shall be submitted within one month from the date of entry into force of the decisions of the Constitutional Court.

4. Disciplinary proceedings does not resume to to the detriment of the ukaranego following the cessation of criminal records of disciplinary misconduct.

5. Disciplinary proceedings does not resume after the expiration of 5 years from the date when the judgment.

6. disciplinary Superior, which made the final decision for disciplinary, resumes the disciplinary proceedings of its own motion or at the request of the ukaranego or the defendant or, in the case of his death, at the request of a family member who is entitled to a survivor's pension. Resume of disciplinary proceedings ex officio shall be ukaranego or the defendant or, in the case of his death, a family member who is entitled to a survivor's pension.

7. a request for resumption of disciplinary proceedings shall be to the superior disciplinary, that gave the judgment at first instance, within 30 days from the date on which the blamed learned of the circumstances giving rise to the proceedings are resumed.

8. If the cause of the resumption of the proceedings is the superior disciplinary action referred to in paragraph 1. 6, resume settles higher superior disciplinary.

9. the decision on refusal to resume the disciplinary ukaranemu and family member is entitled to a survivor's pension, as referred to in paragraph 1. 6, you can use the complaint to a higher supervisor disciplinary action within 7 days from the date of delivery, except that the order made by the Chief of police shall have the same period an application for retrial.

Article. 135s. [Conduct steps of evidence when you resume the proceedings] 1. When you resume the disciplinary procedure shall be carried out the steps of evidence limited to reasons for restarts, and after their completion, according to the findings, it seems the decision: 1) repealing previous opinion and stating acquittal ukaranego or cancellation of disciplinary proceedings or 2) amending previous decision and wymierzające another disciplinary penalty, or 3) refusing to repeal the existing order.

2. Change the previous decision and the imposition of any other disciplinary penalty may not take place after the cessation of the criminal records of disciplinary misconduct.

3. a penalty more severe than current is possible only if the resume from Office and the penalty imposed is grossly disproportionate to the misconduct of the disciplinary.

4. If, following the resumption of proceedings against a lighter penalty, repeal of the effects of the existing penalty, and in the case of the assessment of the penalty more severe, its execution starts from the date of the assessment.

5. On the judgment and order made in the resumption of the disciplinary proceedings is ukaranemu or obwinionemu, and in the case of his death, a family member is entitled to a survivor's pension, the appeal or complaint to the higher disciplinary superior within 7 days from the date of delivery, except that the decision and order issued by the Chief of police shall have only, in the same period, the request for re-examination of the case. The provisions of article 4. 135n paragraph. 4-6 shall apply mutatis mutandis.

6. The term seizure penalty as amended following the resumption of the proceedings shall be counted from the day when a decision on procedures for new penalties. On the period of smearing the new penalties include seizure period that has elapsed since the judgment has become final or the penalties so far.

Article. 136. (repealed).

Article. 137. (repealed).

Article. 138. [complaint to the Administrative Court] decision and ending the disciplinary officer has the right to complain to the administrative court.

Article. 139. [Delegation] the competent Minister of the Interior shall determine, by regulation, detailed execution mode of disciplinary in relation to police officers, including the circulation of documents related to disciplinary, straightening writing and accounting errors and other obvious errors, and determine the patterns of provisions and other documents drawn up in disciplinary proceedings, having regard to the efficiency of the proceeding.

Article. 140. (repealed).

Article. 141. (repealed).

Article. 141A. [the correct application of the provisions of the criminal code] the provisions of art. 115 § 18 and art. 318 and 344 of the Penal Code are applicable to police officers.



Article. 142. (repealed).



Article. 143. (repealed).



Article. 144. (repealed).

Article. 144A. [Kontratypy] does not commit the crime, who, being authorized to do so, perform the steps referred to in article 1. 19A paragraph. 1 and 2, and who performs the actions referred to in article 1. 19b paragraph 2. 1. Article. 145. (repealed).



Chapter 10a police Quotas reserved for the tasks outside the country Article. 145a. [Delegate to perform duties outside the country] 1. A police officer may be delegated to perform duties outside the country in order to carry out tasks referred to in article 1. 1 paragraphs 1 and 2. 2 paragraph 7 i (2). 3, the quota police dedicated to participate: 1) peacekeeping mission;

2) action to prevent acts of terrorism or their effects;

3) rescue and research or humanitarian;

4) training and exercises of the police;

5) ventures.

2. Delegation to perform duties outside the country and extending the time posting in the cases referred to in paragraph 1. 1 paragraphs 1 and 2 is with the written consent of the police officer.

Article. 145b. [the order of the creation and the liquidation quota police] 1. For the formation and liquidation quota police decides to: 1), the Council of Ministers-resolution, in the case referred to in article 1. 145a paragraph. 1 paragraph 1;

2) the competent minister of the Interior – the order, in the cases referred to in article 1. 145a paragraph. 1 paragraphs 2 and 3;

3) Commander in Chief of police – by decision, in the cases referred to in article 1. 145a paragraph. 1, paragraphs 4 and 5.

2. In the resolution, order or decision referred to in paragraph 1. 1, specifies in particular: 1) the name of the quota, its abundance and the time spent outside the country;

2) purpose of the referral, the scope of its tasks and the area of operation;

3 command and control system) the quota and the authority of an international organization to which the quota will be subject to the time of the operation;

4) Government authorities responsible for cooperation with the governing bodies of the appropriate international organisation in the field of directing the activities of the quota tasks beyond the borders of the Member States;

5) weapons and equipment of the quota in the measures and special equipment;

6) route and time of movement of the quota in the case of transit.

Article. 145 c. [the composition of the police contingent] 1. Part of the police contingent can enter Police employees, subject to paragraph 2. 2.2. In order to ensure the cast of certain posts in the police contingent by individuals with specialized skills you can employ employees on the principles set out in the provisions of the labour code.

Article. 145d. [to extend the Polish jurisdiction of persons included in the quota] 1. Police officers and Police staff within the tariff quota shall be subject to the police in the territory of a Member State of a foreign disciplinary rules and the order in force in the Republic of Poland.

2. the persons referred to in paragraph 1. 1, are required to comply with the laws of the host State and the Republic of Poland binding international law.

Article. 145e. [the emoluments of the rights of the officer designated in the police contingent outside the country] 1. A police officer at the time of posting to serve police contingent outside the country receives a basic salary, emoluments and other receivables cash rights on the last occupation work – taking into account created in this period of changes affecting the right to salary and other entitlements or their height.

2. The officer referred to in paragraph 1. 1, may be awarded to additions to salaries, benefits to health, travel and trips and other receivables cash related to the delegation, paid in Polish currency or foreign.

Article. 145f. [Delegation], the Council of Ministers shall determine by regulation: 1) the conditions for receiving, type of currency and the amount of allowances, benefits and payments referred to in article 1. 145e paragraph. 2, having regard to the types and scope of the grant in view of the common danger, nuisance or place of duty and the duties performed by a police officer function;


2) powers and duties of police officers delegated to perform duties outside the country, taking into account the conditions and the posting of police officers, their appeal before the deadline time and renewal of delegation, as well as superiors competent in these matters;

3) detailed rules for employment in the police contingents of workers referred to in article 1. 145 c, and their remuneration, taking into account the provisions contained in the provisions of labour law and the specifics related to the performance of work quota police pursuing tasks outside the country, and in particular the right to expatriation allowance, travel benefits and travel and other charges cash related to the delegation, as well as benefits for damages arising from separate;

4) conditions receive healthcare benefits, referred to in article 1. 42 paragraph 1. 2 of the Act of 27 August 2004 about health care benefits financed from public funds (Journal of laws 2008 No. 164, item. 1027, as amended), by police officers and employees referred to in article 1. 145 c, in connection with the injuries acquired during the execution of their tasks beyond the borders of the Member States and the manner and mode of financing of the costs, taking into account the principles and the way of spending public funds;

5) detailed rules and mode of financing and operation of the police contingent, including its equipment and transport, taking into account the provisions of public finance.

Article. 145 g [financing of expenditure relating to the participation of police quotas beyond the borders of the Member States] 1. Expenses related to the participation quotas, police outside the country are financed from the State budget, in the part of the Minister of internal affairs.

2. where the financial resources for this purpose were not included in the budget of the Minister of the Interior, provides them with the Council of Ministers.



Chapter 10b the implementation of joint activities in the territory of the Member States of the European Union Article. 145h [a task carried out in the framework of their duties in the territory of another EU Member State] police officers and Police staff are entitled to perform their duties in the territory of another Member State of the European Union, in order to carry out tasks: 1) in the form of joint patrols and other joint operations in order to protect public order and security and for the prevention of crime referred to in article 1. 17 Council decision 2008/615/Jha of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ. EU L 210 of 06.08.2008, p. 1), hereinafter referred to as the "Council decision 2008/615/Jha;

2) in the form of support in connection with meetings, mass or similar events, disasters and serious accidents in order to protect public order and security and for the prevention of crime referred to in article 1. 18 Council decision 2008/615/Jha;

3) within the framework of the provision of assistance 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 (OJ. EU L 210 of 06.08.2008, p. 73).

Article. 145i [Entities issuing the order on the performance of their duties in the territory of another EU Member State] about the performance of official duties by police officers or Police staff in the territory of another Member State of the European Union, and determining the conditions for the implementation of these duties decides: 1) Commander in Chief of police – by decision, in the case referred to in article 1. 145h paragraph 1;

2) the competent minister of the Interior – the order, in the cases referred to in article 1. 145h paragraphs 2 and 3.



Chapter 10 c points of contact for the exchange of information with the Member States of the European Union and the national Office of asset recovery Article. 145j [a task of national contact points] 1. Commander in Chief of police performs tasks: 1) of the national contact point for the exchange of data on DNA profiles, referred to in article 2. 6 paragraph 1. 1 Council decision 2008/615/Jha;

2) national contact point for the exchange of Dactyloscopic data with automated fingerprint identification systems, referred to in article 2. 11 (1). 1 Council decision 2008/615/Jha;

3) national contact point for cooperation for the exchange of vehicle registration data, referred to in article 2. 12 paragraph 1. 2 Council decision 2008/615/Jha;

4) of the national contact point for the exchange of personal data and non-personal information, as referred to in article. 15 Council decision 2008/615/Jha;

5) contact point referred to in article 2. 17 paragraph 1. 1 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 (OJ. EU L 210 of 06.08.2008, p. 12).

2. The tasks of the national contact point referred to in paragraph 1. 1 paragraph 1:1) sharing the contact points of Member States of the European Union, for automatic searches, reference data covering only DNA profiles established on the basis of the niekodującej part of the DNA, and individual identification markings from an automated system for the collection and processing of DNA profiles, running as part of the collection of DNA data, referred to in article 2. 21A, collected for the detection of crimes, investigation, crime prevention or control it, with the exception of the data on which the qualified entities have, that are not subject to international exchange;

2) executing, on behalf of the entities referred to in article 1. 1 paragraphs 1 and 2. 2 of the Act of September 16, 2011 on exchanging information with law enforcement authorities of the Member States of the European Union, searches in the databases of DNA shared by the contact points for the exchange of data on DNA profiles other Member States of the European Union;

2A) perform automated, periodic searches of databases provided by the contact points for the exchange of data on DNA profiles other Member States of the European Union;

3) cooperation with the contact point referred to in article 2. 4 paragraph 1. 1 of the law of September 16, 2011 on exchanging information with law enforcement authorities of the Member States of the European Union, in terms of sharing, processing and exchanging data on DNA profiles.

3. the national contact point referred to in paragraph 1. 1 point 2:1) sharing the contact points of Member States of the European Union, for automatic searches, reference data covering only the fingerprint data and other personal identification marks from the automated fingerprint identification system, acting in the framework of the Central Registry detection purposes, Fingerprint the perpetrators of crime, investigation, crime prevention or control it, with the exception of the data on which the qualified entities have, that are not subject to international exchange;

2) executing, on behalf of the entities referred to in article 1. 1 paragraphs 1 and 2. 2 of the Act of September 16, 2011 on exchanging information with law enforcement authorities of the Member States of the European Union, searches in automated fingerprint identification systems provided by the contact points for the exchange of Dactyloscopic data other Member States of the European Union;

2A) perform automated, periodic searches of data sets provided by the contact points for the exchange of Dactyloscopic data other Member States of the European Union;

3) cooperation with the contact point referred to in article 2. 4 paragraph 1. 1 of the law of September 16, 2011 on exchanging information with law enforcement authorities of the Member States of the European Union, in terms of sharing, processing and exchange of Dactyloscopic data.

4. The tasks of the national contact point referred to in paragraph 1. 1 paragraph 3:1), in cooperation with the competent Minister of the Interior, the contact points of Member States of the European Union, for searches, the data or information contained in the central register of vehicles referred to in article 1. 80A of the Act of 20 June 1997-Law on road traffic in order to detect crimes and other criminal acts belonging to the jurisdiction of the courts or the public prosecution service in those States;

2) executing, on behalf of the entities referred to in article 1. 1 paragraphs 1 and 2. 2 of the Act of September 16, 2011 on exchanging information with law enforcement authorities of the Member States of the European Union, searches in the databases of national vehicle registration data provided by the contact points for the exchange of data with other Member States of the European Union;

3) cooperation with the contact point referred to in article 2. 4 paragraph 1. 1 of the law of September 16, 2011 on the exchange of information with the law enforcement authorities of the Member States of the European Union, and with the competent Minister for internal affairs for sharing, processing and exchanging data on vehicles.

5. The tasks of the national contact point referred to in paragraph 1. 1 paragraph 4:


1) transmission of the contact points of Member States of the European Union information, including personal information, in connection with the important events of the cross-border implications, received from the competent national authorities, to which the statutory tasks include carrying out tasks in the field of crime prevention and the protection of the safety and public order;

2) receive from the contact points of the Member States of the European Union the information referred to in paragraph 1, and their transmission to the competent national authorities, to which the statutory tasks include carrying out tasks in the field of crime prevention and the protection of the safety and public order.

6. the tasks referred to in paragraph 1. 2 and 3, Commander in Chief of police performs with a Central Forensic Laboratory.



Article. 145 k [the execution of tasks of national offices for the recovery of property] 1. Police Headquarters performs the tasks of national offices for the recovery of property referred to in article 2. 1 paragraphs 1 and 2. 1 Council decision 2007/845/JHA of 6 December 2007 concerning cooperation between the offices. asset recovery in the Member States in the field of detection and identification of proceeds of crime or other property related to crime (OJ. EU L 332 of 18.12.2007, p. 103).

2. cooperation within the meaning of Council decision 2007/845/Jha, between the national Office for the recovery of property referred to in paragraph 1. 1, and national offices. asset recovery other Member States of the European Union, in particular as regards the exchange of information in order to detect and identify proceeds of crime or other property related to crime, and with regard to the processing of this information is carried out on the terms and conditions laid down in the Act of September 16, 2011 on exchanging information with law enforcement authorities of the Member States of the European Union.



Chapter 11 transitional and final provisions Article. 146. [Solution Militia] 1. Upon the creation of Police Milicja Obywatelska is terminated.

2. (omitted).

3. (omitted).

4. (omitted).

Article. 147. [Appointment period for the police] 1. The Minister of Internal Affairs shall organise the police within 3 months from the date of entry into force of this Act.

2. upon organizing the police wound up are home affairs offices.

Article. 148. (omitted).

Article. 149. [the passage of Militia officers to the police] 1. Upon termination of the Militia officers become police officers.

2. The provisions of paragraph 1. 1 does not apply to these officers of the Militia, who until 31 July 1989. former security service officers.

3. (omitted).

Article. 150. [continuity of service or employment by the officers are going to the police] 1. Current officers of the Militia or security forces, who will serve in the police or will be employed in organizational units subordinate to the Minister of the Interior, respectively, the continuity of service or employment.

2. (omitted).

Article. 151. [Preservation powers slow motion, police by officers of Militia] 1. The officers dismissed from service in the militia who do not take the service or work in organizational units subordinate to the Minister of the Interior, retain permissions provided for the officers dismissed from service on the basis of article. 41 paragraph 1. 2 paragraph 5, unless acquired entitlement to exemption from service on more favourable conditions.

2. (omitted).

3. (omitted).

Article. 152. [termination of membership of policemen in political] upon the entry into force of this Act shall terminate membership in political parties of these police officers who to such organizations so far were.

Article. 153. [interpretative Provision] Whenever the law is talking about "Militia" and "funkcjonariuszach Militia", it should be understood as "Police" and "police".



Article. 154. (omitted).



Article. 155. (omitted).



Article. 156. (omitted).

Article. 157. [the provisions repealed] 1. Repealed the Act of 31 July 1985 on the service of officers of the security forces and Militia of the Polish people's Republic (Journal of laws No. 38, item 181 and 1989 No. 34, item 180 and # 35, item 192), in the part concerning the Militia.

2. Until implementing rules provided for in this Act shall remain in force, the existing rules, if they are not contrary to this Act, no longer than 1 year.

3. (omitted).

Article. 158. [entry into force] this Act shall enter into force on the date of the notice.

[1] under paragraph 6 (a). and the Constitutional Court) of 30 July 2014 (OJ No. 1055) art. 19 in so far as it does not provide for a guarantee of immediate, of the Commission's Protocol and destruction of materials containing information covered by the prohibitions of evidence on which the Court will not set aside the professional secrecy or set aside was inadmissible, is incompatible with article 2. 42 paragraph 1. 2, art. 47, art. 49. 51 paragraph 1. 2 and art. 54 paragraph 1. 1 in connection with article. 31 para. 3 of the Constitution. Article. 19. the range loses power on February 7, 2016.

[2] on the basis of (1) (a). and the Constitutional Court) of 30 July 2014 (OJ No. 1055) art. 19 paragraph. 1 paragraph 8 understood in this way that the concerns set out in the Polish criminal law offences prosecuted by international agreements ratified by the prior consent expressed in the Act, is compatible with article. 2, art. 47 and article. 49 therefore, art. 31 para. 3 of the Constitution of POLAND and from article. 8 of the Convention for the protection of human rights and fundamental freedoms, done at Rome on 4 November 1950, as amended by the protocols then # 3, 5 and 8, and supplemented by Protocol No. 2 (Journal of laws of 1993 No. 61, item 284.,. d.: OJ 2010 No. 90, item. 587).

[3] on the basis of paragraph 4 (b). and the Constitutional Court) of 30 July 2014 (OJ No. 1055) art. 19 paragraph. 6, point 3, understood in this way that the competent management authority operational control points specified in the law of the type of technical information and evidence and their persistence used in the individual case is consistent with the article. 2 and art. 47 in relation to the article. 31 para. 3 of the Constitution.

[4] on the basis of paragraph 5 (b). and the Constitutional Court) of 30 July 2014 (OJ No. 1055) art. 20 c of paragraph 1. 1 it does not provide for independent review of data sharing, referred to in article 1. 180 c and art. 180d of the law of 16 July 2004 – telecommunication law (Journal of laws of 2014.243), is incompatible with article 2. 47 and article. 49 therefore, art. 31 para. 3 of the Constitution. Article. 20 c of paragraph 1. 1 loses power on February 7, 2016.

[5] Article. 26 paragraph. 2 repealed by article. 51 paragraph 1 of the law of 28 November 2014. of medical committees subordinate to the Minister competent for Internal Affairs (OJ., 1822). The change came into force on January 1, 2015.

[6] Article. 40A added by art. 51, paragraph 2 of the Act of November 28, 2014. the medical committees subordinate to the Minister competent for Internal Affairs (OJ., 1822). The change came into force on January 1, 2015.

[7] Article. 41 paragraph 1. 2 paragraph 7a added by art. 51 section 3 of the Act of November 28, 2014. the medical committees subordinate to the Minister competent for Internal Affairs (OJ., 1822). The change came into force on January 1, 2015.

[8] now article. 48 the following is established by the article. 1 paragraph 20 of the Act of 21 July 2006 amending the Act on the police and certain other laws (Journal of laws. # 158, item. 1122), which entered into force on 20 September 2006.

[9] now article. 50 the following is established by the article. 1 paragraph 20 of the Act of 21 July 2006 amending the Act on the police and certain other laws (Journal of laws. # 158, item. 1122), which entered into force on 20 September 2006.

[10] has lost the power of 1 January 1999, pursuant to art. 170 section 15 of the Act of 6 February 1997 on universal health insurance (OJ # 28, item. 153) within the scope of this Act.

[11] has lost the power of 1 January 1999, pursuant to art. 170 section 15 of the Act of 6 February 1997 on universal health insurance (OJ # 28, item. 153) within the scope of this Act.

[12] Now: completely incapable of work and incapable of independent existence, according to the article. 10 paragraph 1. 2 paragraph 1 of the law of 28 June 1996 amending certain laws on retirement pension and social insurance (OJ # 100, item. 461), which entered into force on 1 September 1997.

[13] Currently: completely unable to work, according to the article. 10 paragraph 1. 2 paragraph 2 of the law of 28 June 1996 amending certain laws on retirement pension and social insurance (Journal of laws No. 100, item. 461), which entered into force on 1 September 1997.

[14] Currently: provisions on pensions and pensions from the social insurance fund, according to the article. 192 of the Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ l. # 162, item. 1118), which entered into force on 1 January 1999.

[15] Currently: total or partial incapacity for work, according to the article. 10 paragraph 1. 1 of the Act of 28 June 1996 amending certain laws on retirement pension and social insurance (OJ # 100, item. 461), which entered into force on 1 September 1997.


[16] Now these are the provisions of the Act of 18 February 1994 on retirement pension police officers, internal security agency, foreign intelligence agency, the Counterintelligence Services of the military intelligence service, the central anti-corruption Bureau, border guards, Government Protection Bureau, State fire and prison officers and their families (Journal of laws of 2004, No. 8, p. 67; ost.: OJ of 2011 # 205 , item. 1203) [17] Art. ciples of paragraph 1. 5 paragraph 7 added by art. 51, paragraph 4 of Act of November 28, 2014. the medical committees subordinate to the Minister competent for Internal Affairs (OJ., 1822). The change came into force on January 1, 2015.

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