Topic: Investigative bodies – the police and the public prosecutor’s office

Author: Anna Rabiega

Addressee:

high school / technical school student

Core curriculum:

• old curriculum:

standard level:

3. Security.

The student:

1) characterises the most important tasks of the prosecutor’s office and the police;

2) presents the rights of police officers and other law enforcement services; recognizes the manifestations of their violation.

• new curriculum:

standard level:

III. Public authorities in the Republic of Poland.

The student:

11) presents the competences of the Supreme Chamber of Control, the Constitutional Tribunal, the Tribunal of State and prosecutor's office in the Republic of Poland; justifies the importance of these institutions for the functioning of the state under the rule of law.

extended level:

XI. The legal system of the Republic of Poland.

The student:

23) gives examples of crimes prosecuted by public and private indictment in the Republic of Poland; explains the role of a prosecutor and auxiliary prosecutor; prepares a private indictment.

The general aim of education:

The student characterises the institutions of the Polish legal system.

Learning outcomes:

The student:

• analyses the most important tasks of the police and the prosecutor's office.

• explains the rights of a victim in a preparatory process in criminal proceedings.

Key competences:

• communicating in a foreign language,

• digital competence,

• learning to learn,

• social and civic competences.

Teaching methods:

• flipped classroom,

• discussion,

• source material analysis,

• interactive lecture.

Forms of work:

• group work,

• whole‑class activity.

Material & equipment needed:

• computers with loudspeakers/headphones and internet access,

• multimedia resources from the e‑textbook,

• interactive whiteboard/blackboard, felt‑tip pen/a piece of chalk.

Lesson plan overview (Process):

Introduction:

1. The teacher presents the goal of the lesson: You will find out what are the tasks of the police and the prosecutor's office.

2. Classes conducted using flipped learning method. During one of the previous meetings the teacher divides the class into three groups, whose task is to prepare multimedia presentations on the subject:

I. Structure and tasks of the prosecutor's office.

II. Structure, tasks and powers of the police.

III. The rights of crime victims.

When preparing the presentation, students use abstract materials, such as infographics and interactive schemes, as well as other Internet sources. The students' task is to find (or develop) mainly visual materials (short films, photographs, schemes) and include them in their presentations. Presentations should contain as little text as possible. Each presentation should last no more than 10 minutes.

Implementation:

1. Groups give their presentations – they comment on the visual materials contained in their presentation. The groups can also encourage other students to guess what the visual materials included in the presentation mean (e.g. what right of a victim of crime is shown in the selected picture).

2. After each presentation, the teacher initiates a short discussion:

I. Do you think that the structure and procedure of the prosecutor's office enable effective prosecution of crimes in Poland? Should something be changed in this regard?

II. Do you think that the police have enough powers to carry out their tasks? Or should they be limited?

III. Do you think that the rights of victims of crime are properly regulated? Do you think that any of them should be abandoned? Do you think that any rights should be added?

3. After each presentation, the teacher asks the students who have been the audience to comment on the work of their colleagues: what do they like about the presentation and what could be presented in a different way?

Summary:

1. At the end of the lesson, the teacher asks the students a question: What else do you think you need to learn about the work of law enforcement agencies in order to be satisfied with the level of your knowledge and skills?

Willing/selected students give their answers.

2. Homework proposal:

a. Choose the rights of victims of crime which you consider as the most important. Justify your answer.

b. Find information on the Internet (press releases) about alleged breaches of rights by the police. Describe the situation and assess whether in your opinion the police violated the rights or the conduct of police officers was justified. Remember to present appropriate arguments.

c. Listen to the abstract recording to review the material and new vocabulary. Then do the vocabulary exercise at the end of the chapter.

The following terms and recordings will be used during this lesson

Terms

Texts and recordings

Investigative bodies – the police and the public prosecutor’s office

The public prosecutor’s office consists of the Public Prosecutor General, the National Public Prosecutor, the Public Prosecutor General’s other deputies, and public prosecutors of universal prosecutorial bodies, as well as public prosecutors of the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation.

The Public Prosecutor General is the chief prosecutorial body. The office of the Public Prosecutor General is held by the Minister of Justice.

Public prosecutors of universal prosecutorial bodies include public prosecutors of the National Public Prosecutor’s Office, provincial public prosecutor’s offices, regional public prosecutor’s offices and district public prosecutor’s offices.

The public prosecutor’s office executes tasks related to prosecuting crimes, and maintains law and order.

A public prosecutor is obliged to administer the acts specified by laws in compliance with the principle of impartiality and equal treatment of all citizens.

The police is a uniformed and armed force serving the society and aiming at the protection of people’s safety and the maintenance of public safety and order.

The police consists of the following services:

• criminal service,

• prevention service

• the service providing support for the police activities in the field of organisation, logistics and technology.

Within the scope of their duties, the police carries out the following activities in order to identify, prevent and detect crimes and petty offences: preliminary investigation, criminal investigation and administration and order‑keeping activities. The police also carries out tasks on instruction of the court, prosecutor, state administration and local government authorities.

In the course of performing official duties, police officers shall be obliged to respect human dignity, as well as observe and protect human rights.

Police officers performing activates have the right to, among others:

• request identity cards from people in order to ascertain their identity,

• detain people,

• search persons and premises,

• perform personal checks as well as search through baggage and inspect cargo in ports and stations, as well as in means of land, air and water transport, in case of justified suspicion that a forbidden act subject to the penalty has been committed,

• observe and record events in public places.

A policeman who requests an identity card of a person must provide his rank, name and surname in a way that makes it possible to record these data, as well as the legal basis and the reason for taking action. The identity of a person can be established on the basis of an ID card, passport, foreign ID card and other unquestionable document provided with a photograph and marked with a number or series, as well as on the basis of a statement of another person whose identity was established on the basis of the said documents. A police officer may give up on requesting the identity of a person whom he personally knows.

A person who deliberately deceives a police officer about her own or other person's identity or as to her citizenship, profession, place of employment or residence, is liable to a fine. After completing the identification activities, the police officer should inform the person he has identified about her right to submit a complaint to the prosecutor on how the activities that were carried out.

The police has the right to detain a suspect if there is a reasonable suspicion that he has committed a crime. There must also be a fear of the suspect trying to hide or escape or cover up the traces of the crime. Detention can only be used if other measures have proved to be pointless or ineffective. It should be performed in a way, that minimizes the violation of the personal rights of a person against whom it was applied. The detainee should be informed immediately about the reasons for detention and his rights, including the right to seek the assistance of a lawyer. A report should be made of detention.

In the case of unfoundedness, illegality or impropriety of detention, the court notifies the prosecutor and the superior body of the authority that has imposed the detention.

A firearm may also be used against a person who ignores the call to immediately drop weapon or other dangerous tool, the use of which may threat life, health or freedom of the police officer or other person, or against a person who attempts lawlessly and by force to seize firearms from the police officer or other person authorised to carry weapon. Police officers are also allowed to use firearms in direct pursuit of a person, to detain a person or prevent an escape of a detainee. Before the firearm is used, the officer should shout „Police”, call a person to drop his arms and refrain from escaping or using violence, warn about the possibility of using a weapon (e.g. „Freeze or I’ll shoot!”) and then give a warning shot. In the event of a direct threat to life, some of these activities may be waived. The firearm should be used in a way doing the least possible damage to the person against whom the firearm was used.

Other coercive measures available to the police are for example:

• physical strength,

• handcuffs and truncheon,

• aqueous incapacitating means,

• dogs or horses,

• non‑penetrating missiles (e.g. rubber balls),

• chemical incapacitating agents (e.g. tear gases) and stun guns (tasers),

• pyrotechnics with stunning or dazzling properties (e.g. stun grenades).

In the case of women in apparent pregnancy, people whose appearance indicates the age of up to 13 years, and people with visible disability only physical strength may be used in the form of incapacitating techniques. The measures of direct coercion are used in a manner necessary to achieve the purposes of this use, proportionally to the degree of danger, by choosing a measure with the least possible discomfort.

Any natural person, whose rights protected by the law has been directly violated or threatened by a crime, is recognized as a victim by law and may demand that her rights of the victim are respected. This also applies to closest relatives of such a person.

The main goal of law enforcement agencies is to detect crimes and prosecute perpetrators. To this end, they conduct investigations. The most important law enforcement agencies in Poland are the prosecutor's office and the police. In addition to them, law enforcement includes also the Military Police, Central Anticorruption Bureau, Internal Security Agency, Border Guard and Customs Service.

In conducting their activities, law enforcement officers must comply with applicable law. However, in the circumstances specified in the laws, they have the right to use firearms, direct coercion measures, detention and to ask citizens for identification. The officers of the investigative bodies are subject to special legal protection - crimes against them are subject to more severe punishment than to other people.