Ocena i perspektywy rozwoju systemu terapeutycznego wykonywania kary pozbawienia wolności

This publication focuses on the problems of imprisonment relating to those sen-tenced with mental disorders, addicted to drugs or other means of intoxication, as well as the physically handicapped. The proposals in this work are based not only on the study of specialized literature and an analysis of legislative measures, but also on pilot studies in therapeutic wards all over Poland. In the conclusions the proposals de lege lata and de lege ferenda have been included, with reference to this important feature of prison services.This publication focuses on the problems of imprisonment relating to those sen-tenced with mental disorders, addicted to drugs or other means of intoxication, as well as the physically handicapped. The proposals in this work are based not only on the study of specialized literature and an analysis of legislative measures, but also on pilot studies in therapeutic wards all over Poland. In the conclusions the proposals de lege lata and de lege ferenda have been included, with reference to this important feature of prison services

Procedura wymiaru i wykonania kar dyscyplinarnych wobec skazanych na karę pozbawienia wolności. Część II art. 146 k.k.w.–art. 149 k.k.w.

Levels and enforcement of disciplinary penalties against people serving prison sentences. Part II Articles 146–149 of the Implementing Criminal CodeThis is the second part of an analysis of issues related to the procedure concerning the levels and enforcement of disciplinary penalties against people serving prison sentences. The author continues his analysis of the issue of sentencing guidelines in disciplinary proceedings. In addition, he tackles the problem of fl exible modification of disciplinary penalties. A lot of attention is devoted to issues concerning statutory limitations and enforcement of disciplinary penalties as well as supervisory assessment of decisions taken in the course of disciplinary proceedings against inmates.Levels and enforcement of disciplinary penalties against people serving prison sentences. Part II Articles 146–149 of the Implementing Criminal CodeThis is the second part of an analysis of issues related to the procedure concerning the levels and enforcement of disciplinary penalties against people serving prison sentences. The author continues his analysis of the issue of sentencing guidelines in disciplinary proceedings. In addition, he tackles the problem of fl exible modification of disciplinary penalties. A lot of attention is devoted to issues concerning statutory limitations and enforcement of disciplinary penalties as well as supervisory assessment of decisions taken in the course of disciplinary proceedings against inmates

Contemporary challenges in the work of court probation officer for adults. Critical recognition from the perspective of the Polish experience

The paper focuses on the issue of probation officer participation in the supervision exercised over offenders exhibiting mental health dysfunctions. The analysis included in the paper applies to both currently applicable law and the proposed legislative solutions. The author’s critical remarks also include proposals de lege lata and de lege ferenda.The paper focuses on the issue of probation officer participation in the supervision exercised over offenders exhibiting mental health dysfunctions. The analysis included in the paper applies to both currently applicable law and the proposed legislative solutions. The author’s critical remarks also include proposals de lege lata and de lege ferenda

Podstawy prawne realizacji prawa do wolności religijnej w warunkach izolacji penitencjarnej. Rozważania na marginesie dyskusji o zjawisku multikulturowości populacji więziennej

LEGAL BASIS FOR EXERCISING THE RIGHT TO RELIGIOUS FREEDOM IN PRISON ISOLATION CONDITIONS. REFLECTIONS ON THE MARGIN OF A  DISCUSSION ABOUT THE PHENOMENON OF MULTICULTURALISM AMONG PRISON POPULATIONThe study tackles an extremely important issue of the right to religious freedom enforced in the conditions of a  penitentiary institution. Legal regulation of practices and religious services during the execution of a  sentence of imprisonment, in the opinion of some authors, is part of the legal status of a  convicted person, while others consider it as a  means to assist in influencing the criminal with the purpose of changing their attitude. Certainly, however, this remains a  highly complex issue, not only with regard to the realm of freedom which it affects and the specific nature of the place where it is executed.LEGAL BASIS FOR EXERCISING THE RIGHT TO RELIGIOUS FREEDOM IN PRISON ISOLATION CONDITIONS. REFLECTIONS ON THE MARGIN OF A  DISCUSSION ABOUT THE PHENOMENON OF MULTICULTURALISM AMONG PRISON POPULATIONThe study tackles an extremely important issue of the right to religious freedom enforced in the conditions of a  penitentiary institution. Legal regulation of practices and religious services during the execution of a  sentence of imprisonment, in the opinion of some authors, is part of the legal status of a  convicted person, while others consider it as a  means to assist in influencing the criminal with the purpose of changing their attitude. Certainly, however, this remains a  highly complex issue, not only with regard to the realm of freedom which it affects and the specific nature of the place where it is executed

Wybrane problemy klasyfikacji penitencjarnej w percepcji personelu specjalistycznego

Selected problems of penitentiary classification in the perception of specialist staffThis paper focuses on the problems of penitentiary classification of particular groups of convicts, which include convicts with mental disorders, addicts, and those suffering from physical health dysfunctions. The conclusions presented in the paper are based on the answers given by specialists doctors, psychologists, therapists, educators employed in prisons. They conclusions can be an incentive for discussion on the reform of the system of putting convicts in prison units appropriate for their needs, which in turn determines the results in terms of therapeutic and penitentiary influence and thus achieving the goals of penalty by convicts.Selected problems of penitentiary classification in the perception of specialist staffThis paper focuses on the problems of penitentiary classification of particular groups of convicts, which include convicts with mental disorders, addicts, and those suffering from physical health dysfunctions. The conclusions presented in the paper are based on the answers given by specialists doctors, psychologists, therapists, educators employed in prisons. They conclusions can be an incentive for discussion on the reform of the system of putting convicts in prison units appropriate for their needs, which in turn determines the results in terms of therapeutic and penitentiary influence and thus achieving the goals of penalty by convicts

Skazani-rodzice. Sytuacja prawna osadzonych sprawujących opiekę nad dziećmi

Convicted parents. The legal status of prisoners taking care of childrenThe article analyses the provisions of the Executive Criminal Code in terms of the legal status of persons who have children under the age of 18 and who have been sentenced to imprisonment. Under the Polish model of conduct with this category of prisoners, the Legislator has tried to develop a comprehensive and modern legal framework. These efforts have resulted in three different rules of conduct depending on the circumstances related to the prisoner and the needs of his or her children. Assuming that the regulations referred to in this article will become amended, the law institutions described here may be expected to properly achieve the aims set for them, in particular as regards the maintenance of family relations. Maintaining ties with family members has been deemed to be one of the fundamental rights of prisoners. Such contacts are also said to play an important role in the process of social re-adaptation of prisoners.Convicted parents. The legal status of prisoners taking care of childrenThe article analyses the provisions of the Executive Criminal Code in terms of the legal status of persons who have children under the age of 18 and who have been sentenced to imprisonment. Under the Polish model of conduct with this category of prisoners, the Legislator has tried to develop a comprehensive and modern legal framework. These efforts have resulted in three different rules of conduct depending on the circumstances related to the prisoner and the needs of his or her children. Assuming that the regulations referred to in this article will become amended, the law institutions described here may be expected to properly achieve the aims set for them, in particular as regards the maintenance of family relations. Maintaining ties with family members has been deemed to be one of the fundamental rights of prisoners. Such contacts are also said to play an important role in the process of social re-adaptation of prisoners

Przegląd orzecznictwa Europejskiego Trybunału Praw Człowieka w sprawach polskich z zakresu prawa karnego wykonawczego

The following study is devoted to the presentation of judgements of the European Court of Human Rights in Polish cases involving executive criminal law. The cases of this type are among the most frequent types of cases referred to the Strasbourg court. This has been so since the beginning, when Poland rendered itself under the Tribunal’s jurisdiction. The Tribunal’s rulings in this respect not only serve to settle a specific case, but also set a standard for dealing with persons against whom judgements in criminal matters are being executed, most often resulting in deprivation of liberty.Niniejsze opracowanie poświęcone jest prezentacji wyroków Europejskiego Trybunału Praw Człowieka w sprawach polskich z przestrzeni prawa karnego wykonawczego. Sprawy tego rodzaju należą bowiem do najczęściej kierowanych do organów strasburskich. Stan taki ma miejsce w zasadzie od początku, odkąd nasz kraj poddał się jurysdykcji Trybunału. Orzeczenia Trybuna-łu w tym zakresie służą nie tylko rozstrzygnięciu konkretnej sprawy, lecz wyznaczają standard po-stępowania z osobami, wobec których wykonywane są orzeczenia w sprawach karnych, najczęściej skutkujących pozbawieniem wolności