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EN
Detaining a person, both in the course of pending proceedings and in other situations, is one of most crucial activities which fall within the competence of enforcement agencies. On the one hand detention exerts a significant impact on the pending proceedings or other actions undertaken by authorized organs, and on the other hand, regardless of its form, it affects the citizens’ rights guaranteed by the Constitution.
PL
Zatrzymanie osoby, zarówno w ramach toczącego się procesu, jak i poza nim, stanowi jedną z najbardziej newralgicznych czynności znajdujących się w kompetencji organów ścigania. Z jednej bowiem strony wywiera ono wymierne skutki dla toczącego się postępowania czy innych działań podejmowanych przez uprawnione organy, z drugiej zaś, niezależnie od formy, wkracza w konstytucyjnie gwarantowane praw obywateli. Autor opisuje samą istotę zatrzymania jak również zwraca uwagę na zatrzymanie procesowe i jego rodzaje.
PL
Zatrzymanie osoby jest środkiem przymusu polegającym na krótkotrwałym pozbawieniu wolności. Straż Graniczna może dokonać zatrzymania tylko i wyłącznie w sytuacjach przewidzianych w ustawie z dnia 12 października 1990 r. o Straży Granicznej. Będące jednym z uprawnień funkcjonariuszy zatrzymanie osoby chociaż ingeruje w konstytucyjne prawo do wolności, to ani czas zatrzymania, ani sposób traktowania zatrzymanego nie mogą stwarzać zatrzymanemu nadmiernych, a tym bardziej zamierzonych uciążliwości. Stosowanie środka przymusu w postaci zatrzymania osoby może być dokonane tylko i wyłącznie w granicach przewidzianych przez ustawę.
EN
Detention of a person is a coercive measure consisting in short-term deprivation of liberty. Border Guard can make a stop only in the cases provided for in the Act of 12 October 1990. Border Guard. Being one of the powers of the officers arrest a person even interferes with the constitutional right to freedom, it is not the time to stop, or the treatment of the detainee can not create a detainee excessive, and the more deliberate nuisance. the use of coercive measure in the form of detention of a person can be made only within the limits provided for by law.
PL
Praca jest poświęcona tematyce pozbawienia wolności i zawiera przegląd form zatrzymania jako krótkotrwałych środków przymusu przy jednoczesnym wskazaniu ograniczeń ich stosowania wynikających z uwarunkowań funkcjonalnych, praktycznych i prawnych. Wyróżnione zostało tymczasowe aresztowania jako jedyna możliwa forma pozbawienia wolności, z założenia krótkotrwała, która może przekształcić się w długotrwałą. Autor posługując się metodą badawczą analizy aktów prawnych oraz orzecznictwa dokonuje systematyki istniejących rodzajów pozbawienia wolności na tle przepisów różnych aktów prawnych oraz ich umiejscowienia w porządku konstytucyjnym. W pracy stawiane są pytania badawcze o możliwość ograniczenia wolności osobistej, wielość takich ograniczeń oraz ich celowość. Autor dochodzi do przekonania, że możliwości pozbawienia wolności człowieka na gruncie prawa polskiego są bardzo szerokie i przyznane znacznej liczbie podmiotów.
EN
The thesis is devoted to the subject of deprivation of liberty and contains an overview of forms of detention as the short-term coercive measures while indicating the limitations of their use resulting from functional, practical and legal conditions. The author, using the research method of analyzing legal acts and case law, systematically presents the existing types of deprivation of liberty against the background of the provisions of various legal acts and their location in the constitutional order. The work asks research questions about the possibility of limiting personal freedom, the multiplicity of such restrictions and their purposefulness. The author presents a conclusion that the possibilities of depriving a person of liberty under Polish law are very broad and granted to a significant number of entities.
EN
The research objective is to analyze the limits of proportionality of actions taken by police officers in criminal proceedings against detainees. The analysis covers cases of improper treatment of persons detained by police officers and questioned at police stations. The study attempts to estimate the number of cases in which criminal proceedings were instituted against police officers under Article 246 of the Code of Criminal Procedure in connection with inhuman or degrading treatment of police officers. The author intends to answer the question what is the scale of abuses in the activity of police officers and whether the charges against them made by persons against whom a specific intervention was undertaken are justified. The aim of the research is to verify whether the currently existing penal-procedural systems fully protect citizens against violation of their right to freedom and legitimate interests as a result of the activities of procedural bodies. The author’s assumption is to check whether the control and repression measures taken with a view to strengthening security imply a threat to fundamental human rights through disproportionately large possibilities to introduce restrictions and restrictions on freedom. The research issues outlined by the author influence the use of the following research methods: formal and dogmatic, content analysis and statistical method.
PL
Celem badawczym jest analiza granic proporcjonalności działań podejmowanych przez funkcjonariuszy policji w postępowaniu karnym przeciwko osobom zatrzymanym. Analizie poddano przypadki niewłaściwego traktowania osób zatrzymanych przez funkcjonariuszy policji oraz przesłuchiwanych na komisariatach policji. W badaniach podjęto próbę oszacowania liczby spraw, w których wszczęto postępowanie karne przeciwko funkcjonariuszom policji z art. 246 k.k. w związku z nieludzkim lub poniżającym traktowaniem. Autorka zamierza odpowiedzieć na pytanie, jaka jest skala nadużyć w działalności funkcjonariuszy policji oraz czy zasadne są zarzuty formułowane pod ich adresem przez osoby, wobec których podjęta została określona interwencja. Celem badań jest zweryfikowanie, czy obecnie istniejące systemy karnoprocesowe zabezpieczają w pełni obywateli przed naruszeniem ich prawa do wolności oraz słusznych interesów w wyniku działań organów procesowych. Założeniem autorki jest sprawdzenie, czy środki kontrolno-represyjne, podejmowane z myślą o wzmocnieniu bezpieczeństwa, implikują zagrożenie podstawowych praw człowieka poprzez nieproporcjonalnie duże możliwości wprowadzania restrykcji i ograniczeń wolności. Zakreślona w publikacji problematyka badawcza wpływa na wykorzystanie następujących metod badawczych: formalno-dogmatycznej, analizy treści oraz metody statystycznej.
EN
International regulations provide comprehensive and sufficient protection against cross-border abductions and detentions. Among the most important international law instruments is the Convention on the Civil Aspects of International Child Abduction. (The Hague, 25th October 1980) This international agreement allows protection for victims of the crime in question against its negative effects. In addition, the Convention guarantees the immediate return of the unlawfully abducted or detained to the country of permanent residence. Among the discussed international law documents, the Council Regulation No. 2201/2003 (the so-called Brussels II bis 27th November 2003) de¬serves special attention. It regulates jurisdiction and the recognition and enforcement of judgments and parental responsibility.
PL
Regulacje międzynarodowe zapewniają kompleksową i wystarczającą ochronę przed uprowadzeniami i zatrzymaniami o charakterze transgranicznym. Wśród najważniej-szych aktów prawa międzynarodowego, należy wyróżnić Konwencję dotyczącą cywilnych aspektów uprowadzeń dziecka za granicę (Haga, 25 października 1980 r.). Wspomniana umowa międzynarodowa pozwala na zapewnienie ochrony pokrzywdzonym omawianym przestępstwem przed jego negatywnymi skutkami. Ponadto, na mocy Konwencji zagwarantowany jest bezzwłoczny powrót bezprawnie uprowadzonego bądź zatrzymanego do państwa stałego pobytu. Wśród omówionych dokumentów prawa międzynarodowego, na szczególną uwagę zasługuje również Rozporządzenie Rady Nr 2201/2003 (tzw. Bruksela II bis – 27 listopada 2003 r.). Reguluje ono jurysdykcję oraz uznawanie i wykonywanie orzeczeń w sprawach małoletnich oraz dotyczących odpowiedzialności rodzicielskiej.
EN
The present article contains a detailed description and results of analysis of cases of abduction and detention sentenced in Poland in 1979. The total of these cases was 9.       Abduction or detention, specified in Art. 188 of the Polish Penal Code, belongs to the group of offences against the family.      Art. 188 of the Penal Code provides, that "whoever contrary to the will of the person appointed to take care or to supervise, abducts or detains a minor or a person who is helpless by reason of this mental or physical condition, shall be subject to the penalty of deprivation of liberty for from 6 months to 5 years”.        Theoretical studies and commentaries to the Penal Code stress the fact that the subject of legal protection in Art. 188 of the Penal Code is the institution of care and supervision. Art. 188 is turned against lawless one-sided alterations in the relation, directly determined or adjudicated by court, of care or supervision of a person specified in this Article. It is also indicated that this Article aims at protecting the child from the lawlessness of this quarrelling parents or other persons. It is also characteristic that the commentaries stress the fact that the motives from which the perpetrator acted are unessential as regards the existence of an offence specified in Art. 188.      A small number of persons sentenced for abduction or detention does not mean that offences of this kind are of little social significance. The real extent of this phenomenon is much greater than indicated by the small number of sentenced persons. As the common knowledge shows, the cases of lawless taking away of the children by quarrelling parents or relatives are frequent. Thus it could have been expected that the cases of abduction or detention which had been investigated by court as offences might be particularly drastic of nature. Yet the analysis of all cases failed to confirm this supposition. Among the 9 cases, there were 4 cases of "abdcution" and 5 cases of "detention'' of minors. None of the cases concerned a helpless person. In as few as 2 cases the minors were strangers unrelated to the perpetrator. In four cases, the minors were sons of the perpetrators, in one  case the minor was the perpetrator's  daughter, in one case – granddaughter;  also in one case, the minor was the perpetrator’s cousion. Among the perpetrators of „abduction" or  „detention” there were six men and three women.       The analysis of all criminal cases specified in Art. 188 reveals two sides of this type of offence: a) the aspect of family, care, and education, b) the criminal aspect.  However, these two sides are not closely connected with one another.       The cases of "abduction and detention" as represented in the paper reveal the background on which it comes to various forms of behaviour of parents towards children and towards each other. In the majority of cases,  an intervention of guardianship authorities in the life of parents and children has already taken place and various provisions have been made. However, they failed to eliminate the existing conflicts, what is more,  they increased them. The further execution of these decisions lacks additional supervision which would ensure a free contact with the child for the parent with whom the child does, not reside permanently, and, on the other hand, which would limit the lawlessness of mothers who do not allow the fathers to contact the children they care for. Therefore, in the examined cases we  deal with "abduction'' or "detention'' of a child by his father who is faced with difficulties on the mother's  part when he wants to see his child. The analysed cases are not drastic in character as regards  the conduct of perpetrators and the circumstances of their offence. On the other hand,  they are generally most drastic as regards legal proceedings  in such cases  and sentences. The examined fathers, mother, grandmother, and cousin are treated as offenders: persecuted, charged, tried, and sentenced for acts which, even if they disturbed the institution of care, could be treated as family and care cases. Generally it seems that the criminal character of the analysed cases is independent and separate, so to say, from the entire aspect of family, care, and education of these cases. It may be assumed that this situation is to a certain degree conditioned by the dogmatic and formalistic approach in the proceedings and sentencing in these  cases, which is  based on the formulation found in commentaries, that the perpetrator’s  motives are unrelevant to the existence of the offence, and that the subject of legal protection in Art. 188 is the institution of care and supervision, not the interest of the abducted person.       In the final part of the present paper it is stressed that while protecting the institution of care, one should still take into consideration first of all the interest of the child for whom this institution is to function. It is also in the child's interest that his parents and close relations do not become criminals because of him. The cases of „abduction and detention of a minor” should be examined as cases of family and care, penal law proceedings instituted only in cases of actual abduction of a minor, first of all that committed by strangers.
PL
      The present article contains a detailed description and results of analysis of cases of abduction and detention sentenced in Poland in 1979. The total of these cases was 9.       Abduction or detention, specified in Art. 188 of the Polish Penal Code, belongs to the group of offences against the family.      Art. 188 of the Penal Code provides, that "whoever contrary to the will of the person appointed to take care or to supervise, abducts or detains a minor or a person who is helpless by reason of this mental or physical condition, shall be subject to the penalty of deprivation of liberty for from 6 months to 5 years”.        Theoretical studies and commentaries to the Penal Code stress the fact that the subject of legal protection in Art. 188 of the Penal Code is the institution of care and supervision. Art. 188 is turned against lawless one-sided alterations in the relation, directly determined or adjudicated by court, of care or supervision of a person specified in this Article. It is also indicated that this Article aims at protecting the child from the lawlessness of this quarrelling parents or other persons. It is also characteristic that the commentaries stress the fact that the motives from which the perpetrator acted are unessential as regards the existence of an offence specified in Art. 188.      A small number of persons sentenced for abduction or detention does not mean that offences of this kind are of little social significance. The real extent of this phenomenon is much greater than indicated by the small number of sentenced persons. As the common knowledge shows, the cases of lawless taking away of the children by quarrelling parents or relatives are frequent. Thus it could have been expected that the cases of abduction or detention which had been investigated by court as offences might be particularly drastic of nature. Yet the analysis of all cases failed to confirm this supposition. Among the 9 cases, there were 4 cases of "abdcution" and 5 cases of "detention'' of minors. None of the cases concerned a helpless person. In as few as 2 cases the minors were strangers unrelated to the perpetrator. In four cases, the minors were sons of the perpetrators, in one  case the minor was the perpetrator's  daughter, in one case – granddaughter;  also in one case, the minor was the perpetrator’s cousion. Among the perpetrators of „abduction" or  „detention” there were six men and three women.       The analysis of all criminal cases specified in Art. 188 reveals two sides of this type of offence: a) the aspect of family, care, and education, b) the criminal aspect.  However, these two sides are not closely connected with one another.       The cases of "abduction and detention" as represented in the paper reveal the background on which it comes to various forms of behaviour of parents towards children and towards each other. In the majority of cases,  an intervention of guardianship authorities in the life of parents and children has already taken place and various provisions have been made. However, they failed to eliminate the existing conflicts, what is more,  they increased them. The further execution of these decisions lacks additional supervision which would ensure a free contact with the child for the parent with whom the child does, not reside permanently, and, on the other hand, which would limit the lawlessness of mothers who do not allow the fathers to contact the children they care for. Therefore, in the examined cases we  deal with "abduction'' or "detention'' of a child by his father who is faced with difficulties on the mother's  part when he wants to see his child. The analysed cases are not drastic in character as regards  the conduct of perpetrators and the circumstances of their offence. On the other hand,  they are generally most drastic as regards legal proceedings  in such cases  and sentences. The examined fathers, mother, grandmother, and cousin are treated as offenders: persecuted, charged, tried, and sentenced for acts which, even if they disturbed the institution of care, could be treated as family and care cases. Generally it seems that the criminal character of the analysed cases is independent and separate, so to say, from the entire aspect of family, care, and education of these cases. It may be assumed that this situation is to a certain degree conditioned by the dogmatic and formalistic approach in the proceedings and sentencing in these  cases, which is  based on the formulation found in commentaries, that the perpetrator’s  motives are unrelevant to the existence of the offence, and that the subject of legal protection in Art. 188 is the institution of care and supervision, not the interest of the abducted person.       In the final part of the present paper it is stressed that while protecting the institution of care, one should still take into consideration first of all the interest of the child for whom this institution is to function. It is also in the child's interest that his parents and close relations do not become criminals because of him. The cases of „abduction and detention of a minor” should be examined as cases of family and care, penal law proceedings instituted only in cases of actual abduction of a minor, first of all that committed by strangers.
EN
This article attempts to bring forth the momory of an unknown to a wider audience female teacher, AK soldier and a, member of the WiN organization. A humblewoman, philanthropist, a person with a big heart helping out those in need. A friend to children and adolescents, a helping hand to repatriates from the borderlands.Great humbleness and kindness, principles and steadfast values in the face of the machine that is the communistic terror. This is what this short article is about, anattempt to introduce and rediscover the memory of an extraordinary person known as Maria Dzierzynska surely was. Reminiscing the story of the teacher from Rzeszow, one will be able to see the personal tragedy involved and the tough choices she had to make.
PL
Artykuł niniejszy stanowi próbę przypomnienia nieznanej szerzej postaci rzeszowskiej nauczycielki, żołnierza AK, członka Zrzeszenia WiN. Skromna kobieta, filantropka, osoba o wielkim sercu, niosąca pomoc potrzebującym. Przyjaciel dzieci i młodzieży, pomocna dłoń skierowana do repatriantów z Kresów. Wielka skromność i dobroć, zasady i niezłomne wartości w starciu z machiną komunistycznego terroru. O tym jest właśnie ten niewielki artykuł, próbujący przypomnieć i na nowo odkryć pamięć o niezwykłej osobie, jaką z pewnością była Maria Dzierżyńska. Wspominając historię rzeszowskiej nauczycielki, nie sposób nie dostrzec wielkiej osobistej tragedii i trudnych wyborów, które stały się jej udziałem.
EN
The article presents the findings of a study on the problems of alcoholism related to the Act of 26 October 1982 on dealing with persons evading work. The Act defines the phenomenon of the so-called social parasitism as evading socially useful work and having sources of maintenance contradictory to the law or principles of social coexistence. Men aged 18-45 who have not been employed for at least 3 months, who do not attend any school and are not registered in an employment agency as looking for a job, are obliged to report at the local State administrative agency and to explain the reasons of their unemployment or failure to learn. A nonfulfillment of this duty is a transgression for which a penalty of limitation of liberty of up to 3 months or a fine of up to 50,000 zlotys is provided. There are certain categories of persons who are not liable to this duty: among others, these are the retired or disabled persons, those who receive allowances from the social security fund etc. The reported men are entered in a record of persons evading work. In the case of their further persistent evasion of work, they are liable to further proceedings and various sanctions. They may also be recognized as unemployed for socially grounded reasons. Towards such persons, the Act provides no further special duties, and the administrative agency is obligated to come to their assistance if necessary.             In the present paper, the important problem of whether the legal regulation of the problems connected with the so-called social parasitism is justified, has not been discussed. We have focused on the relation between unemployment and excessive drinking and on the problems and disturbances in employment among excessively drinking men.             The study was aimed at answering the following questions: What is the number of persons with alcohol problems, repeatedly detained in the sobering-up station, among the men registered in District Offices in Warsaw as "evading work"? What is the number of unemployed persons aged 18-45 among those repeatedly detained in the sobering-up station? What is the relation between employment and work on the one hand, and excessive drinking and the entire life situation on the other hand among the above-mentioned men?             The following three groups of men have been included in the study: A. In order to obtain the answer to the first question. records of 2,195 men were examined who had been registered in the seven District Offices in Warsaw within the period from January 1. 1983 till April 30. 1984 as evading work, and their detentions in the sobering-up station were checked. B. The second group of the examined persons consisted of all men aged 18-45 who had been detained in the sobering-up station for at least, the second time on randomly selected days in October and November of 1984 and in January of 1985 (576 persons). Information concerning their employment was obtained from the .records of the sobering-up station based either on their own statements or on entries in their identity cards. C. The third group consisted of 56 patients of the sobering-up station aged 18-45 who had repeatedly been detained; they were examined individually in the period from October 1984 till January 1985.             The examination consisted in a free interview based on a specially constructed questionnaire. The aim of the interview was to obtain information concerning the course of employment and the drinking habits of the examined persons. their possible symptoms of dependence and withdrawal treatments they underwent, family situation and state of health.             From among 2,195 men registered as evading work. one-third had been detained in the sobering-up station at least once. As many as two-thirds of them had been detained repeatedly. A part of the registered men (6.9 per cent) were included at a later date in the list of persons who persistently evade work. Persons detained in the sobering-up station constitute 37 per, cent of those included in the record.             Employment of patients of the sobering-up station was examined in the second of the above-mentioned groups: the 576 men aged 18-45 repeatedly detained in the Warsaw sobering-up station.             Among those patients men aged at least 30 predominated (76.9 per cent). Those detained at least four times were the most numerous (45.5 per cent); there were 20.6 and 33.9 per cent of those detained three and two times respectively. According to expectations, older patients had been detained in the station more frequently than the younger ones.             At the moment of detention in the station, the majority of the repeatedly detained persons (60.6 per cent) were employed at State enterprises; 10 per cent worked for private employers, and 1.4 per cent in their own workshops or farms. 5 per cent were pensioners, 8:3 per cent worked casually, and 14.6 per cent were not employed at all. Therefore, the category of persons who did not work or who worked only casually constituted 22.9 per cent of the examined group, which seems rather a high percentage. It grows still if the category of pensioners is added. amounting then to 27.9 per cent of men aged 18-45 repeatedly detained in the station and to as many as 34.7 per cent of those detained over three times.             56 persons were examined individually. They were somewhat older than the above-mentioned group of 576 patients of the sobering-up station and had been detained there for a smaller number of times.             The essential problem in our study was their drinking of alcohol. 36 per cent of the examined persons stated they had started drinking at the age of 16 at most, while in the case of 33.3 per cent the respective self-reported age was 17-18. As many as two-thirds admitted usually dinking half a litre or more vodka on one occasion. 34.8 per cent admitted drinking daily. It was most difficult to find out whether the examined persons were already alcohol dependent. There were question included in the questionnaire and asked during the interview, that served this purpose. Some of the examined persons were afraid even to admit they drank excessively which was due to the type of work they performed in which abuse of alcohol is not tolerated (first of all in the driver’s profession). Symptoms indicative of dependence were found in 24 of the examined persons (42.9 per cent). A part of them had already started withdrawal treatment in the past, yet they frequently gave it up after as few as several visits. The detention in the station and talks conducted with the patient on release were noticed to be an opportunity for initiating a change in his attitude towards treatment. It seems that the sobering-up station may and should be an important link in the alcohol dependence  treatment system.             Basing on the appraisal of the entire course of employment, the examined group could be divided into two categories: A. those in the case of whom undisturbed performance of work and its regularity was found according to the information obtained (22 persons); B. those who  had been unemployed for long periods of time, worked irregularly, at intervals, and failed to perform work properly (31 persons).             In the category A, two subgroups were distinguished: a. men who usually did not drink excessively or who abused alcohol but to a slight degree, who worked regularly and were relatively well socially adjusted. Their repeated detentions in the sobering-up station seemed to result from various chance situations and from their poor tolerance  of alcohol; b. men who regularly abused alcohol or who could have been dependent on it, in whom however this situation did not influence their performance of work.             In the category B, it was not possible to distinguish any subgroups. In individual cases, joint occurrence of some of the following overlapping problems was found: a. poor performance of work related to excessive  drinking, yet without the symptoms of professional degradation; b. professional degradation connected with alcohol dependence; c. poor performance of work and excessive drinking connected with and resulting from an early social maladjustment; d. unemployment accompanied by a declared reluctance to work in the future which was connected rather with the examined person’s personality traits than with his excessive drinking; e. unemployment due to disability resulting from an accident or illness which made it impossible to perform the former job. Such a situation could have been brought about by excessive drinking, and the present unemployment is a factor that increases these persons alcohol dependence.             Among 2,195 men registered in the Warsaw District offices as evading work, there were 708 patients of the sobering-up station of whom two-thirds had been detained repeatedly. As shown by an analysis of their statements made at the District offices, the reasons of their unemployment varied greatly.             An observation seems justified that the majority of them do work, though irregularly. Among then, 115 were recognized to be unemployed for justified reasons; a very small part of them (20 per cent) asked for assistance of the administrative agency in finding a job through the Employment Department.             The group of 708 patients of the sobering-up station consists of men who may at least be assumed to drink excessively However, the officials who keep the records were poorly informed as to this problem. Further, despite registration and activities of the department for unemployed persons to compel these persons to work' as many as two-thirds of men in this group failed to take a job.             Any action undertaken towards this specific group of men (who were repeatedly detained in the sobering-up stations and were excessive drinkers), proved entirely ineffective, both at the stage of compelling them to work regularly and at that of having them perform public works.             From among 708 men – 26.1 per cent were directed to public works; about three-fourths of them never even reported at work.             The intervention undertaken by means of the Act of dealing with persons evading work seems futile. Some of these persons may perhaps need referring to an alcohol dependence treatment unit, some others - counselling as to the choice and finding of an adequate job; still another part will probably constitute a regular group that is characteristic of any society: u group of persons who constitute a social fringe and live in a way that departs from the norms of conduct accepted in the society.
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