[ad_1]
Theories have begun to spread through various propaganda channels and social networks that with the entry into force of the new amendments, the Military Police will be able to break into the homes of all citizens and persecute civilians.
These theories are derived from the provision of the law that a military police officer can enter any premises without permission, prosecuting people suspected of having committed a crime, as well as people who hide from the agencies in charge of making comply with the law, or to prevent a crime, and the prosecutor must inform the prosecutor. reported within 24 hours.
“There is absolutely no need to panic”, 15 minutes Andrejs Novikovas, Associate Professor in the Department of Public Safety at Mykolas Romeris University, spoke. – In what cases can a military police enter the premises? Only by prosecuting people suspected of having committed a crime. After all, the criminal does not choose, it is a military or non-military room. He crosses it dancing on fences. It’s very important. It is not that the Military Police enter now, break the door and are in people’s houses. The circumstances are established in a very clear and practical provision of the Police Law. “
Photo from personal archive / Andrei Novikov
Hasty acceptance – a lie
Another rumor has spread about amendments to this law that was approved with extreme urgency. It is explained that before adopting this law, the Seimas considered it for a minute.
However, the law had already been debated before the vote in the Seimas.
Already in February of this year, it was announced that these amendments to the laws were approved by the Government. They were discussed in the Seimas committees and approved by Parliament in November.
Lithuanian Army 15 minutes He explained in a comment that the need to change the law has matured in the last decade.
“After Lithuania’s accession to NATO, the nature of the activities of the military police also changed: it was necessary to ensure not only the discipline and order of Lithuanian national military and civilian personnel in the national defense system, but also ensuring that NATO soldiers deployed or trained in Lithuania It was also necessary to remove some legal ambiguities.
For example, the Military Police Law provides for a function to regulate military traffic, but the Road Safety Law does not grant that right to the military police.
The old wording of the Military Police Law did not contemplate the possibility that a military police officer detained a soldier suspected of violating the Statute of Discipline of the Armed Forces of Lithuania, although the main function of the Military Police is to ensure discipline and order in the national defense system, ”explains Capt. In the commentary transmitted by Eglė Stankevičiūtė.
According to her, the bill was prepared by a working group made up of the Minister of National Defense, was submitted to public coordination in October 2019, and subsequently revised in light of the proposals.
Roles were assigned and no instruments were available
Military police say they can still take action against civilians if they commit crimes against soldiers, national defense institutions or property under their control.
“The same right to act against civilians remains in the new law, which will enter into force on January 1, 2021. The new wording only specifies and clearly establishes when a military policeman may enter a private premises or territory to prevent a crime committed. against the national defense system.
For example, according to the old wording of the law, it was not clear whether a military policeman, while pursuing a person who had seized property belonging to the national defense system and hiding from private territory in secret territory, had the right to enter that territory. territory and detain the suspect there, even if authorized. against people who commit a crime against the property of the national defense system.
It should be noted that the right to enter private premises or territories without the corresponding permits is granted only in the hot traces of the crime with the aim of apprehending the person suspected of having committed the crime, as well as in cases in which the law enforcement or crime stops.
We have not declared war. By the letter of the law, it is an army unit.
It should also be noted that the right of the military police to take immediate and necessary measures to prevent crimes and other violations of the law not only by the military but also by people outside the military territories is also established in the current Law of Military Police ”, explains the Law of Military Police. in response.
A. Novikov saw no significant changes or revolutions in the new law.
“It just came to our knowledge then. The need to change the law was. In fact, every public administration should have an arsenal of tools to help it perform its functions. The Military Police is no exception.
According to the law, the functions assigned to it are crime prevention, investigation of administrative offenses. However, no measures were assigned. Now the legislator has closed that gap, because before the functions of the Military Police were carried out by the police, ”said the MRU associate professor.
Before this law, the practice was that the investigation was initiated by the Military Police, and could no longer be investigated, having to be referred to the police.
Until now, a military policeman, for example, having caught petty thieves stealing army property, having collected all the data, had to contact the police to draw up a protocol.
“Before this law, the practice was that the investigation is initiated by the Military Police, and the investigation can no longer be carried out, it must be handed over to the police. And the police, for example, do not have information that is available only to the Military Police, explained A. Novikov. – Furthermore, these functions are not such that they can be freely applied to ordinary citizens. Until then, the military police had also played a certain auxiliary role, but this was not clearly regulated. “
There are threats
Commenting on this law, Mindaugas Kukaitis, vice president of the Lithuanian Bar Association, also saw threats. In his opinion, Military Police is a strange term at all.
“It just came to our knowledge then. It is more from the Army Police than the Military Police. We have not declared war. According to the letter of the law, it is an army unit. A military policeman is first of all a soldier and is A different statute applies to him than that of a policeman, “said M. Kukaitis.
According to him, if in fact, as he stated, the amendments to the law will be used only to reduce the administrative burden in the investigation of events related to the army, then there will be no problems.
Lukas Balandis / 15min photo / 15min study – conversation about the corruption scandal with the heads of STT, prosecution, court and bar
“But the extension is much broader. It also allows interventions in civil life. If it will fragment, then everything will be fine. For example, if the army is accompanied by an armed convoy, a traffic accident occurs so as not to stop traffic, the Military Police will find out and establish certain circumstances, which is a relief. It is a kind of tool not to overwhelm the police, not to wait for their arrival, ”he said.
According to him, problems would arise if the army, using this law, tried to interpret crimes not related to the army.
“Then questions will arise,” remarked the interlocutor. – In terms of human rights, if the military can intervene more in civilian life, there must be a solid basis for doing so. If the law is not abused, it is used only in exceptional cases, it is understood that the military police would have more instruments, powers. That it may not be the case that a military policeman wants to arrest a thief but cannot do it because he does not have the tools to do so. “
As one of the possible problems, he mentioned the fact that when it comes to the police, there is a very clear procedure to appeal against the actions of the officials. They can complain to the head of the police station, and this to the prosecutor.
“And will the commander of the Armed Forces be able to appeal against the actions of the Military Police and take orders, annul those decisions or will it be the role of the prosecutor? Even the procedure for the use of weapons by the Military Police is different from that of the police, ”he said.
M.Kukaitis evaluated this law in an ambiguous way. In fact, the law will help reduce the administrative burden of investigating military misconduct, but if the Military Police begins to interfere in the lives of civilians on a daily basis, there is no basis for such an increase in force.
“In my opinion, in the sense of democracy, there should not be an unnecessary reinforcement of forces if there is no real threat. The strengthening of the instruments must be weighed in a motivated way, because once it is given, it can be used once. said the lawyer. – This is just an instrument, the question of how it will be used. You need to be vigilant. Hopefully such projects do not invade human ships, but aim to increase democracy. “
[ad_2]
