Wykonywanie kary pozbawienia wolności w trzech systemach — uwagi krytyczne

Abstrakt

Enforcement of prison sentences under three systems — critical remarks

According to the 1997 Code of Execution of Sentences, prison sentences are enforced in prisons of different kinds and types, and moreover under different systems. In the doctrine of the penal executive law, critical assessment of certain criteria applied while directing prisoners to prisons of appropriate kind and type can be found. However, the need for the operation of prisons differentiated into various kinds and types has not been questioned. The concept of the enforcement of prison sentences under three different systems so far has not been examined in detail, despite the fact that it has been over a dozen years after it was introduced into the penitentiary practice. In this article the origins of differentiated systems of the enforcement of prison sentences will be presented as well as certain controversial aspects of this solution, including: the possibility to implement the therapeutic system outside the therapeutic unit, the unclear differences between the enforcement of prison sentences under the ordinary and programmed treatment system and a high proportion of recidivists serving their sentences under ordinary system without any sentence plan although it is a group of prisoners who have a number of criminogenic needs increasing the risk of re-offending.