Ważniejsze propozycje zmian kodeksu karnego wykonawczego w odniesieniu do kary pozbawienia wolności
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Date
1983
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Wydział Prawa i Administracji UAM
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Significant propositions of changes in the Punishment Execution Code with regards to the penalty of deprivation of liberty
Abstract
The article discusses changes of legal state pertaining execution of deprivation
of liberty which are proposed by the Committee, specially appointed by the Minister
of Justice, to be introduced in the Polish punishment execution code. The author submits- his remarks on the proposed changes and suggests his original
legal regulation of some executory problems proving it with reasons.
The following questions are dealt with in the article: changes of sec. 37 of
the punishment execution code (hereinafter called the p.e.c.) and of sec. 80 of the
penal code (hereinafter called the p.c.) concerning teleological aspects of execution
of deprivation of liberty penalty. The author seeks to eliminate double regulating
these questions in the p.e.c. and the p.c. The new content of sec. 37 of the p.e.c.
is proposed with the allowance made, apart of general resocializing premises, for
the certain marigin of punitive treatment of condemned persons not requiring resocialization.
Changes in the structure of penal institutions and in grounds for classification
of the sentenced persons are also discussed. Two new institutions are to be created
in that scope: for the persons sentenced for unintentional offences and for serving
the arrest sentence in a case of a petty offence. According to their types penal
institutions are to be divided into closed, semi-open and open ones.
The criterion of character of an offence is to be eliminated in the classification
while the elements related to the personality of a perpetrator are to be more
emphasised; psychological and penitentiary examination of the sentenced persons
are to be introduced on a wider scale.
Sentenced persons have to enjoy more rights while serving their sentences,
especially in executory proceedings, in enjoying and exercising religious practices,
in self-education, in including, under some conditions, the periods of employment
to old age pensions, in extending periods of a rest leave, in assistance in the social
adaptation upon release from a penal institution etc.
The problem of means of penitentiary treatment: of work, education, cultural
and instructional classes as well as of rewards and disciplinary proceedings
are also discussed in the article. The article is closed with conclusions and proposition
of egal regulation.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 45, 1983, z. 1, s. 13-25
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ISBN
ISSN
0035-9629