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EN
The present work discusses the problems associated with the limiting of the rights of a temporarily arrested person in the light of the regulation of the minister of justice issued on 22 December 2016. In the statutory act of law, i.e. the provision Art. 217 c §2 kkw, the legislator regulated the substantive limitations associated with the use of a phone by the person who was temporarily arrested. However, the solutions contained in the regulation of the minister of justice which was instituted, and more specifically §25 of this document, introduce substantive limitations. As a consequence, a situation is brought about in which the rights of an individual are limited in a lower-order legal act, which infringes the constitutional values of a state of law. Moreover, the article presents an interpretation of the provisions Art. 217 §2 kkw and §317 of the regulations of the minister of justice issued on 23 December 2015 – The rules and regulations of the operation of the courts of law and §190 of the regulations of the minister of justice issued on 7 April 2016 – The rules and regulations of the internal operation of the common organisational units of the public prosecution service.
EN
The article discusses the issue of the use of temporary arrest in Poland in 1918–1939 in the context of the penitentiary system development. The modern literature distinguishes two main periods in the development of the penitentiary system in Poland. The first period (1918–1928) is characterised by a take-over of prisons from the former occupants of Polish territories. The process was accompanied by the development of legal basis for the functioning of the system to replace the legislation of the three partitioning powers (Russia, Prussia and Austria) in this domain. The main task at that time was to prepare the infrastructure and train prison staff. The second period (1928–1939) marks the establishment of final and uniform rules of the prison system across Poland, substantial development of the penitentiary system and its adaptation to the global and European trends of that time. The study examines the key legal acts of the inter-war period regulating the execution of temporary arrest.
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