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Więzienia dla nieletnich w opinii menedżerów więziennictwa

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Stępniak P.
Archiwum Kryminologii
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2008
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issue XXIX-XXX
431-443
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Uwagi o celach wykonywania kary pozbawienia wolności po nowelizacji kodeksu karnego z 13 czerwca 2019 roku

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Stępniak P.
Nowa kodyfikacja prawa karnego
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2019
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vol. 54
291-305
EN
The article is devoted to the consequences of the subsequent amendment of the Penal Code of 13 June 2019 for regulations in the Executive Penal Code. The author analyzes the adequacy of the purpose of executing the penalty of deprivation of liberty, as set out in Art. 67(1) of the Penal Code to the life sentence imprisonment introduced by the amendment without conditional early release from prison, as well as to raise the upper limit of the so-called ordinary imprisonment up to 30 years. In his view, the text of this provision should be changed. Its maintenance will deepen the already great legal chaos. However, the problem discussed in the article is how to change it, and whether it is possible to replace it with any other meaningful content after this amendment. In the end, the author concludes that social rehabilitation as the goal of penitentiary interactions after amendment will eventually become a dead concept.
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Oportunistyczny model pracy socjalnej ze skazanymi

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Stępniak P.
Nowa kodyfikacja prawa karnego
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2014
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vol. 33
113 - 130
EN
The study focuses on a critical analysis of the rehabilitation model implemented in the context of the sentence of imprisonment. Opposite the indicated form of judicial enforcement of sentence lies social work. Realistically perceived process of execution of the penalty should assume the initiation of activities related to social empowerment of prisoners, prevention of deterioration of their social skills and provision of contact with the outside world. From this perspective, a personalized social rehabilitation should be treated as a rather ineffective undertaking.
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Systemowa pozorność resocjalizacji penitencjarnej w świetle badań empirycnych. Propozycje zmian

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Stępniak P.
Archiwum Kryminologii
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2012
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issue XXXIV
91-133
EN
The article discusses studies on models of incarceration in Polish prisons. The object of the study was to determine if resocialisation model of this punishment dominates in practice, or other models, including official-formal of ostensible resocialisation, dominate and what are the factors determining this. Analysis of this problem was based on opinions by prison personnel and convicts from three prisons in the district of Greater Poland Voivodeship. Disscussion is opened by a critical reflection how much the resocialisation model suits modern penitentiary policy and to what degree it is reflected in current executory provisions of law. Discussion stars with a polemics with an opinion, quite common in Polish penitentiary literature, that incarceration should be based on this particular model as it is better than other ones. Resocialisation model does not take into account diversified needs of influence on prisoners. Some of them do not need improvement (e.g. unintentional, accidental perpetrators). Others, because of their already shaped negative personality traits will never be fit to come back to the society (e.g. perpetrators of most grave crimes of the highest degree of demorali-zation). In the end of theoretical discussion of various model of work with convicts during incarceration, the author draws one’s attention to the fact that provisions of executory criminal law can reflect resocialisation conceptions only to a limited degree. Practical model of penitentiary influence is hence not a uniform and clear pedagogical model but has an eclectic character. It is demonstrated that from such point of view, assessment of work of prisons based on the criterion if and how much they resocialise, is based on wrong premises. They are criticized in the article. In the second part of the article the author discusses the results of the empirical studies. It starts with the description of used research method and a general characteristic of the re-spondent group. The research was conducted in June and July 2010. It consisted in collecting opinions in questionnaires and in focus interviews with prisoners and prison staff. The groups were chosen in a random manner (132 prison officers and 350 prisoners) and they were representative for the population of the imprisoned in the regional authority of detention centres. Presentation of the most significant conclusions of the research starts with the fact that vast majority of convicts were imprisoned in a normal system had in practice a decisive influence on content and type of penitentiary influence. This system does not require corrective influence and thus penitentiary work concentrated on ensuring that the imprisoned are placed in conditions at least compliant with recommendations of European Prison Rules. In practice these conditions are included in prison rules. Most of all, they concern living space and prison regimen conditions without focus on education and correction work.
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Modele kurateli sądowej po roku 2001 w świetle badań empirycznych

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Stępniak P.
Archiwum Kryminologii
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2010
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issue XXXII
157-203
EN
The article discusses the question about a functional model of family guardianship, shaped in practice by provisions of act of 27 July 2001 on court guardians and probation officers. It has been eight years since the act was passed. It is a time long enough to critically review how provisions of the said act function in practice and to evaluate if they have a positive influence on the model of family guardianship. While formulating assumptions to the empirical study of these problems, it was accepted that the model of guardianship can be determined by the method of guardians’ work. The method varies according to if a guardian is a professional guardian or a social worker. The method is also determined by the personal characteristics of a minor, their family situation and environment. The way of supervision over minors is another factor determining a guardian’s work. Polish guardianship is partly professional and partly social service . It results from the act of 27 July 2001 on court guardians and probation officers. Verification how the model assumptions are realised in practice was the first stage of the research. Subsequent stages included research on differences in task performance by professional and social guardians, and in the way of supervision. The study was conducted between March 2008 and November 2009. Guarded minors, their parents were questioned in a questionnaire, guardians themselves were interview. Moreover, court files of guardianships in question were examined. 292 questionnaires were distributed among randomly selected minors supervised by guardians from District Court in Poznań. Out the number of questionnaires 225 could be used. Court files of the minors who returned their questionnaires were examined. The study included 102 professional and 123 social guardians. Data obtained from questionnaires were verified against 45 interviews with professional and 50 social guardians from the District Court in Poznań. The final stage was statistical analysis of the obtained results. The analysis of the professional / social model of guardianship was based on statistics and official documents. They prove that the model, contrary to premises of the act of 27 July 2001 is still rather a social / professional one. As of the end of 2008, there were 2,726 professional and 13,428 social guardians. In the light of the above, it was interesting to compare the methods of work of both groups, particularly methods of their supervision. The comparison can be summarised as follows: 1. Analysis of time spent over activities and the proportion of supervision of minors in the total work time leads to a conclusion that no activity was a predominant one in either of the groups. Guardians’ work cannot be categorised as exclusively educational, controlling, assisting or administrational, it has rather a mixed character.
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System programowanego oddziaływania w opiniach więźniów

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Stępniak P.
Archiwum Kryminologii
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2009
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issue XXXI
265-298
EN
The article presents the results of research on the assessments of the programmed influence formulated by the prisoners. There were a lot of hopes pinned on this system introduced to the penitentiary policy by the Executive Penal Code of 6 June 1997. The system proposed modern educational interactions based on cooperation of the prisoners with the prison staff and assumed active participation of prisoners in its implementation. The key issue of the system is to negotiate the individual schemes and voluntary commitment to respect them by prisoners participating in such negotiations. Enforcing convicts’ activity, particularly the juvenile ones, was supposed to create a chance of individual choice of more efective meaures to influence them and to shape a sense of responsibility – and at the same time to prevernt from return to crime. Since this system came into force on 1 September 1998, now almost 11 years ago, an vital task was to investigate not only the various aspects of its implementation, but also an opinion about this system, formulated by members of the prison community, especially by prisoners. So far there were few empirical studies of this system in everyday prison reality. More extensive research in this field includes studies of A. Nawój and E. Silecka, M. Bramska, A. Kurek and D. Schmidt, and A. Szymanowska. With this as the point of departure, the author of the article carried out a survey in the year 2008 to gather the views of the prisoners about the system and its performance. The study included 540 prisoners selected by the criterion of purpose, and participation in the system imprisoned in facilities subordinate to the District Inspectorate of the Prison Service in Poznan. A survey was conducted from October 2008 to March 2009 in 3 closed units in order to obtain homogeneity of the survey sample. Test groups were randomized. It should be emphasized that the randomisation was made in a way which maintained the proportions between the juveniles and adults indicated above. Surveys with opinions of convicted were supplemented with structured interviews with a group of 30 prisoners selected by the randomization from the group surveyed. Studies have focused on issues such as motives of joining of the criminals to the system programmed interaction, participation of criminals in constructing individual programs of interactions and its determinants, the contents of individual programs, interactions, objectives, tasks, rights and obligations of prisoners, cooperation between the prisoners and their teachers in drafting of schemes. The results of the survey lead to the conclusion that the evaluation of the test by the respondents is generally positive in all the subgroups under study. Nevertheless, the prisoners clearly indicate that the use of this program had a formal, official character.
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Dylematy pracy penitencjarnej z więźniami odbywającymi skrajnie długie kary pozbawienia wolności

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Stępniak P.
Archiwum Kryminologii
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2014
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issue XXXVI
133-162
EN
This article focuses on the dilemmas of working in prisons with people serving the two most severe sentences, viz. 25 years imprisonment and life imprisonment. The author examines this from two angles. The first concerns the doctrinal and theoretical controversies surrounding the aims and purposes of serving long sentences. The author reviews the most prominent viewpoints in this area while pointing out the associated problems and dilemmas. The second is an attempt to relate the theoretical controversies surrounding the aims and purposes of the long prison sentences to the realities of prison practice, based as it is on three uniform systems of executing prison sentences, viz. standard (1 month to 15 years), 25 years and life. The author reports the results of his empirical research in this area. The author devotes special attention to the dilemmas that arise when a prisoner serving a very long sentence participates in a program of planned activities, some of which are ethical in nature. He keeps this in mind when attempting to evaluate prison practice. The fundamental question he poses should prompt a debate on the adequacy of this use of the rehabilitation model of executing a prison sentence and its consistency with the aims and purposes of this type of punishment, generally considered to be the best and most versatile. The author takes up the debate and examines the essence and the arguments of the controversy surrounding the purposes of long prison sentences. He considers which of the aims and purposes that appear in the prison literature are suitable for use in executing these sentences. The author consequently questions the purpose and moral acceptability of correctional activities. He points out that the main purpose of long sentences is to remove prisoners from society, which is difficult to reconcile with their corrective and rehabilitative functions. This illustrates the ethical ambiguity of correctional measures. The author later discusses the results of his own empirical studies, undertaken from this theoretical perspective. These focused on the following: 1. working with prisoners serving very long sentences in practice, and in particular, the sentencing regimen to which they are subjected; 2. the tasks and goals that prison staff set themselves in this connection; 3. whether and to what extent the designated ethical dilemmas are recognised in day-to-day prison work. This study comprised a diagnostic survey (a questionnaire and structured interviews), indirect observation (examining prison documents e.g. the personal files of prisoners serving very long sentences, prison work programs, prison regulations etc.). The questionnaire was completed by 71 prisoners serving the most severe sentences, including 15 life prisoners. Sixty two questionnaires were suitable for compilation. More than 5 interviews were conducted with life prisoners and 11 were conducted with prisoners serving 25-year sentences.
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Sytuacja zdrowotna i ochrona zdrowia więźniów w zakładach karnych

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Stępniak P.
Archiwum Kryminologii
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2013
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issue XXXV
333-375
EN
The article discusses the problems of health service in prisons in relation to health of prisoners. It refers the results of conducted empirical studies which assumed that the ailments of the imprisoned, specific to their age, actual health service needs, expectations and needs related to health service of prisoners, are indicators of their health. A conception of prisoners’ social service by penitentiary administration without pressure on corrective influence formulated by Henryk Machel was the theoretical basis of the study. The study aimed to answer what was health of the prisoners examined, defined by their general health, needs and expectations concerning health service and to what degree they are answered by the health service in prison. The study was conducted in prisons under District Inspectorate of Prison Service in Poznań, i.e. remand institution in Poznań and prison institutions in Rawicz and in Wronki. All three institutions are of a closed type. The study was conducted between January 2011 and November 2012. It included analysis and explanation of acts of law concerning health service in prisons and questionnaires and interviews with prisoners and prison staff . 279 of them were suitable for further study. Structuralized interviews included 30 doctors and 30 prison carers. The results were analysed statistically. They show opinions of the respondents on the problem of health service in prisons. Young and middle age adults were the majority of the respondents (67,03%). There was a statistically significant relation between general health declared by the respondents and their age. The younger a prisoner was, the better his own general health declared, and vice versa p> 0,001, x2 = 23,245). The data show that half of prisoners declared that imprisonment contributed to deterioration of their health. This is in contrast with a relatively low number of diseases found by doctors after imprisonment. Among various ailments declared by prisoners, psoriasis and sleep deprivation were the most frequent ones. The most detrimental factor to health was prison stress. Its role was indicated by as much as 17 doctors (62,97% of all doctors in the study). Every fourth doctor indicated bad living and sanitary conditions in prison (25,93%). The same number concerned other factor, i.e. nicotinism among prisoners. This shows that many prisoners assume detrimental health habits in prison conditions. Results of the research show that, in practice, response to the need of health protection in penal institutions was very diverse. Health protection was a secondary issue and it was a part of various modules of prisoner treatment. They were characterized by various intensity of health service. It was established that the modules were as follows: control and security (63,36% indications in general). In practice, in penal institutions included in the study, this module occurred in two forms: social and health (providing security and order, prisoners’ control under prison rules, social service and above-standard health care), social (providing security and order, prisoners’ control under prison rules, social service and standard health care), security and rehabilitation (66,67% indications, providing security and order, providing a minimum level of social service and basic health care, rehabilitation). Only the first of the above forms allows to fit the problem of health care fully into penitentiary actions. The study allows for a conclusion that, in the face of the crisis of penitentiary rehabilitation, the role of health care of prisoners will increase – as a consequence of “non-rehabilitationˮ modules of prisoner treatment being more and more frequent. Health care, along with ensuring suitable living conditions and social service, may thus become a part of good penitentiary practice. Health care, and to be exact, medical cal care and medical services for the imprisoned must fit their actual needs. In general, the research has shown that the objective health condition of the imprisoned included in the study is better than their declarations. However, their health varied from a person to another, most of all related to age. The greatest health needs were declared by seniors and their expectations concerning health care and medical assistance ensured by the prison were greatest too. A practical model of prisoners' medical treatment must take this into account. I was established that penitentiary practice employs, most often, modules with basic medical treatment. This is due to the relatively modest prison infrastructure but also to limited budget. Thus, a security - control - pro-health treatment module seems to be a good penitentiary practice. It includes ensuring security to the prison and the imprisoned, order maintenance, above standard health care and social care according to European Prison Rules. Thus, a good practice must be of an eclectic character. Health care and health protection have an important place in such practice. From this point of view, the research shows a diversified picture of penitentiary reality. On the whole, it is relatively positive.
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Częściowe zawieszenie wykonania kary pozbawienia wolności. Uwagi i propozycje na tle analizy porównawczej stanu przestępczości i obecnej reformy prawa karnego w Polsce i we Francji

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Stępniak P.
Archiwum Kryminologii
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2015
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issue XXXVII
327-346
EN
This article is devoted to the institution of conditionally suspended sentences, andin particular with a proposal for change in this area. The author formulates thingsdifferently from the changes brought in by the act of 20 February 2015 about adjustingthe law, in the criminal code and other acts. After a discussion of these changes, theauthor presents their own concept for remodelling this institution. This is preceded byconclusions about its current state, structure and the dynamics of crime in Poland andFrance. The author bases their conclusions on an analysis of French solutions in thisregard.According to the author, by comparing the structure and dynamics of recorded crimes and convictions from 2001 to 2010 in France and Poland, they came to theconclusion that the French statistics show a comparatively higher rate of serious crime,particularly ones featuring aggressive or sexual violence. At the same time however,one can observe greater stability in the number of convictions, with economic andfinancial crimes being the only exception. But the larger threat of crime does not influence limitations on the conditions of suspended sentences in a meaningful wayin this country, something that was an important argument during the amendment ofPoland’s penal legislation. It is willingly used by courts, a modern punitive measure, butits construction differs from the Polish solutions in this field significantly. The author discusses this construction in the article. According to French logic, italso provides for the possibility of partially suspended sentences. This is unknown inthe Polish criminal code. It consists of allowing the adjudicating court to decide aboutthe sentence being only partially carried out. It also freely specifies the length of this period, so that it does not exceed the five year limit. This process results in the offenderonly having to undergo part of their prison sentence, while execution of the remainingpart remains conditionally suspended. Comparing this form of suspension, appearing in French legislation next to classicsuspension (i.e. full), with its Polish counterpart now regulated by the newly-editedarticle 69 of the criminal code, the author finds that the French version gives greaterrange and possibility for its use. And this is despite a significantly larger threat ofcrime than in Poland, particularly common crime. Even the process of its applicationis significantly more elastic, since it allows the division of the sentencing process intoa closed part carried out in prison, and an open part carried out in freedom. About whether the suspension should be total or just partial, the French judgedecides according to their own discretion, while the Polish one is tied to a series ofspecific prerequisites, both legal and material. In light of this, it proves Poland putssignificantly greater trust towards the initial legislator.After a theoretical analysis, in a later part of the article the author cites statisticsshowing the practice of partially-suspending sentences in reality. In the years 2005 to2011, a certain growing tendency in use appears in France (of 1.92%). This indicatesa growing significance for this penal measure in the judicature of criminal courts, which implies it works well in practice. In general, the type of suspension most prevalent iswith a given probation period, and therefore the most common of all applicable dutiesand controls (in 2008, there were 26,991 cases, i.e. 82.15% of the general number ofpartial-suspension rulings). Partial suspension in its simplest form is clearly less usedand only makes up 17.85% of the general number of applied partial suspensions (5,844cases in 2008). In contrast, the sum total of both forms of partial suspensions (i.e. thesimplest form and with a probation period) in general rose in use by 14.56% in 2010. Commenting on the above indicators, the author claims the rule of partialsuspension is given with a trial conviction. This results from the necessity ofpreserving a continuity of interactions, including further disciplining of the convictafter completing part of their “factory” punishment depriving them freedom (partieferme) and releasing them into an open environment (partie ouverte). For this purpose,the court lays specified duties upon the convict, and also gives control of them to thepenitentiary service. The educational value of this practice is indisputable. Due to this,it towers over the Polish practice. Partial suspension has become a modern instrumentof criminal policy. In the second part of the article, the author weighs up the possibility of introducingthis type of solution into Polish legislation. A comparison with the French institutionof suspended sentences with the Polish equivalent in the current version of article 69 ofthe criminal code inclines them towards not only the conclusion that it needs revision,but also formulation of ‘de lege ferenda’ postulates as part of this. In the discussion on these, the author indicates arguments for and against partialsuspension of sentences in Polish legislation. According to the author, it is a moremodern solution than the Polish one in its current form. Moreover, the introductionof partial suspension had a positive effect on French criminal policy, making themethods of serving sentences more flexible and dynamic. This is notably its mostimportant advantage over Polish legislation. Another further benefit of utilising partialsuspensions is limiting the placements of convicts placed into penal institutions sincethey are decidedly shorter than the “flow-through” of Polish prisons. Thus the author assesses that they are in favour of this, as well as the Europeanparadigm of penal moderation. Partial suspension of sentences allows an absolutepunishment to be adjusted in the most restrained way, making it humane. It becomespossible to divide it into partly closed (served in a prison) and open (carried out ina free environment). It completely changes not only the character of the punishment,but also its function. It eases problems, the social effects on the convict and their lovedones, yet strengthens the educational effect. This kind of process in administeringpunishment strikes the author as more dynamic than the current one, where servingthe whole of a punishment is a rule of Polish law. The empowerment of the convictedin this process has huge educational value.The author draws attention to the fact that partial suspension is an intermediarymeasure between depriving freedom and those punishments and measures involving liberation. There is a lack of this type of measure mixed into Polish criminal legislation.Their main advantage is that it enriches punitive instruments, allowing flexibilityby increasing the possibility of individualisation in selecting the type and size ofpunishment. Therefore there is a systemic argument for it.Yet another argument for it has a legal-material character. The Polish institutionof suspending sentences is structured too stiffly, which means that the court can onlydecide between suspending the entire sentence and having it served in full. They areextremes, which in modern rational criminal policy ought to be avoided. The nextargument has a criminological character. Neither the Polish nor French literature onthe subject has mentioned research into the effectiveness of imprisonment depending on whether it was carried out in full or in part. Therefore nobody has proven thata punishment served in full is any better. Finally, the existence of partial suspension could rationalise penitentiary policy. This is because it shortens the average period spent serving prison time, making the“flow-through” of convicts in prison more dynamic. This makes it a valuable systeminstrument for opposing their overpopulation. Partial suspension is above all cheaperthan serving a punishment completely in full. The author then discusses several counterarguments about the possibility ofpartially-suspended sentences in Polish legislation. Firstly, we are neither mentally nor doctrinally prepared to abandon the stiff static administration of punishments for a more dynamic process in their application throughthe logical implementation of carrying them out in parts. Another serious barrier is an organisational problem. Introducing partialsuspensions would demand greater dynamism in the work of courts and probation officers, as well as the prison system as a whole. Under Polish conditions, this is notrealistic, since observation of the practice leads to the conclusion that carrying outpunishments in full is easiest, and we prefer that in practice. The convict is placed intoa cell once, without further procedures or changes. Partial suspension would mean theactivities of courts, prison and probation personnel would multiply greatly, and nobodywants this. Consequently, it would increase the resistance of these services, which isa serious barrier to prudent changes.In conclusion, the author invites discussion on the proposed solutions aboutpartially-suspended sentences.
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O tzw. dobrych praktykach penitencjarnych. Obraz empiryczny i kilka ogólniejszych refleksji teoretycznych

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Stępniak P.
Archiwum Kryminologii
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2018
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issue XL
401-430
EN
The article discusses the issue of good penitentiary practices. It fits into the discussionabout how to work with inmates in prison, what axiological and substantive basis offersan alternative, new logic of interactions against the crisis of penitentiary resocialisation.According to the author, this discussion should be concentrated on the followingquestions: what can be achieved in prison conditions; how to work with prisoners; whatgoals should be present in penitentiary work. One of the ways of working is, therefore,good practice. The author discusses theoretical and methodological aspects of researchon good practices and defines them. He points out that what is usually referred toas a good practice is an action that has brought concrete, positive results, has somepotential for innovation, is durable, repeatable and applicable to similar conditionselsewhere or by other entities.According to the author, the sources of good penitentiary practices can be soughtin various areas of knowledge, experience and legal regulations. Most importantly, heindicates: praxeology and pragmatism, realism (with regard to what can be achievedin a total institution in given organisational, social and economic conditions), wisdomand experience of prison staff (conformism), international prison rules, penitentiarynational law and pedagogical interaction models. All these sources are discussed indetail.In the further part of the article, the results of research on good penitentiarypractices are discussed. They were carried out between January 2015 and September2016 in five largest prisons from the area of the District Inspectorate of the PrisonService in Poznań (prisons in Poznań, Gębarzewo, Krzywaniec, Rawicz andWronki). They were all of a closed type. The study covered a group of 180 convictsand 32 educators. In addition, 100 personal files were analysed for the mannerof penitentiary work described in them.Research shows that employment of convicts was the most desirable activity, es -pecially appreciated by the educators. In their opinion, referral to work organisestime, sets the rhythm and structure of the day. The work environment is also outsideof the cell. The convicts can go out, meet people from outside prison. This is especiallyvaluable in a closed-type penitentiary. Daily performance of professional duties developsa work habit, teaches responsibility, cooperation, understanding and duty.The second type of desirable interventions was organising and facilitating contactswith relatives. The third one was implementation of, and engaging convicts in, variouspenitentiary programmes. The programme offers possibilities for innovation andcan be repeated. It also provides an opportunity to use specialist preparation andinventiveness of its author (prison educator). The author of the article estimates that only the development and use of penitentiary programmes can be considereda good penitentiary practice according to the criteria given in the article. Other typesof influence pointed out by educators and convicts lie simply in the good performanceof duties by the prison staff. Therefore, they do not provide a starting point to proposesome new theoretical concept of penitentiary interactions.Commenting on these findings, the author assesses that the scientific way of defininggood practices is clearly not in line with how they are understood by prison staff.The former is determined by the criteria indicated in the article, the pragmatic realismof the other. It results from the pressure of prison conditions, and it is not enough togeneralise it to the theoretical level.Therefore, in the final part of the article the author poses the question how theobtained results can be used. In response, he states that the actions indicated by therespondents as desirable can be divided into two groups. The first one includes generalpenitent actions (e.g. differentiation of impacts on prisoners into long-term and shorttermones, intensification of interactions aimed at managing the prisoners’ free time,matching interactions according to the sentence execution’s phase), whereas the secondrefers to interactions aimed at intensifying an individual approach to pri soners (e.g. anindividualised plan of serving the sentence, better knowledge of the convicts, payingmore attention to their interests, reacting to their problems).In conclusion, the author of the article states that its findings provide the basis onlyfor formulating a catalogue of methodical, organisational and functional guidelines.He gives examples of such directives as well as the actions indicated as desirable byprison’s educators and inmates.The article ends with the remark that the catalogue of methodical guidelines isa kind of a prison penitentiary code, assuming the use of means and methods that canpotentially be implemented in prison conditions.
11

Wielokulturowość w zakładach karnych. Uwagi o problemie i unormowaniach prawnych

100%
Stępniak P.
Nowa kodyfikacja prawa karnego
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2018
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vol. 48
107-128
EN
The article is devoted to the multiculturality of the prison population. It has recently become one of the most important political, social and economic problems facing contemporary societies as well as an important and growing penal problem. The article is divided into two parts. In part one the author discusses the terminology associated with multiculturality. He formulates his own, operational definition of the concept with regard to the contemporary penal space. In addition, he points to the distinctive features of inmates representing various cultures (nationality, ethnicity, language, religion), and discusses their significance in working with prisoners. In part two the author analyses how the question of multiculturality is tackled in the Polish prison law with regard to two groups of convicts: those from different cultural and religious backgrounds, speaking different languages and having different customs, as well as foreigners. He points to two areas of legal regulations, i.e. formal procedures applied by officers with regard to individuals under arrest or already sentenced as well as recommendations of international law concerning the general rules of working with this group of inmates, and the level to which they have been taken into account in Polish law. He concludes that the two aspects are barely noticed in Polish prison law. The author explains his opinion in detail, drawing on a review of relevant provisions of Polish prison law. The article ends with a call to investigate the scale and nature of the phenomenon in Polish penal institutions, as it will become more urgent in the future, which prompts questions about respect for the laws, values and customs associated with the cultures represented by prisoners, and, on the other hand, about their compatibility with the values, attitudes, behaviours and principles of social conduct accepted in Poland. The author calls for a discussion about how to organise custodial sentences for individuals from varied cultural backgrounds and how to expand the Polish prison regulations in this respect.
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