Crimmigration and Individual Autonomy. Reflections on the Polish ‘Trial of the Five’ Case
DOI:
https://doi.org/10.54148/ELTELJ.2025.2.65Keywords:
immigration, humanitarian aid, the Polish-Belarusian border crisis, individual autonomy, individual freedom, moral philosophy, human dignity, constitutional law, crimmigration, criminal law, enabling or facilitating illegal stay, organising illegal border crossingAbstract
The analysis of ‘crimmigration’ and individual autonomy concepts can be conducted from beginning to end in abstracto, or as demonstrated in this article, primarily within the framework of a specific case study; however, with the postulate that the conclusions may apply equally to future cases arising in similar circumstances. The main research objective of this paper is to determine whether the state authorities were justified in initiating proceedings and, at the same time, in interfering with the individual autonomy of those who provided assistance to migrants at the Polish- Belarusian border in March 2022. The study’s initial hypothesis, emphasised through the perspective of individual autonomy, is that acts of this nature, under the established circumstances, should neither be regarded as crimes nor prosecuted, and if charges are brought, they should be discontinued by the court.
