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1

Cele wykonywania kary pozbawienia wolności — kilka refleksji

100%
Szczygieł G. B.
Nowa kodyfikacja prawa karnego
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2017
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vol. 43
523-532
EN
Numerous dysfunctions of penitentiary isolation, identified in the course of more than 200 years of application of the penalty of imprisonment, demonstrate that prisons do not improve people and do not make them more pro-social than they had been before they started serving their sentences. The crisis of penal policy based on extensive use of the penalty of imprisonment makes it necessary to expand the catalog of penal measures that do not involve any restriction of liberty and to limit the extent of application of the penalty of imprisonment to only the most serious crimes that constitute a grave threat to society. The authors of the Polish Penal Code of 1997, following the ultima ratio principle in the case of the penalty of imprisonment in the case of petty crimes and crimes of medium gravity, provided an extensive range of possibilities in the selection of the penal-law responses to such crimes. As a result, the penalty of imprisonment should be restricted mostly to perpetrators of acts that are very harmful to society. Given the fact that their sentences are several or even over ten years long, the question about the objectives of enforcement of the penalty of imprisonment is still to be answered.
2
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Praca więźniów w okresie międzywojennym – dolegliwość czy środek celowego oddziaływania

100%
Szczygieł G. B.
Miscellanea Historico-Iuridica
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2015
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vol. 14
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issue 2
297-310
EN
As the history of the penal system demonstrates, work performed by prisoners is an indispensable element of the process of serving a prison sentence. The concept of priso- ners’ work was significantly influenced by the definition of the objectives of the penalty. At the turn of the 19th and 20th century, with a new approach to penalization, new objectives were set for prisoners’ work: instead of causing pain to the offenders, helping them return to the society became the objective of the penitentiary influence and work became one of its measures. In that period, one of the tasks of the independent Polish state was to establish the Polish penitentiary system. The task was important because, after the period of partitions, Poland had legal systems based on outdated principles of repressive and retaliatory enforcement of penalties and on forced labor, often performed in inhumane conditions, where work increased the pain of the sentence. The purpose of the analysis of the legal provisions is to demonstrate the formation of the concept of prisoners’ work.
3

Jaki kształt kary ograniczenia wolności?

100%
Szczygieł G. B.
Nowa kodyfikacja prawa karnego
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2016
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vol. 40
63-78
EN
The paper is analysis of restriction of liberty from the emergence of this remedy till the most recent, very far reaching changes. The concept of a work-based criminal remedy has been known in Polish criminal law for a long time. Successive forms of this remedy have yet to fulfil the expectations associated with it. If so far no form of this remedy, including its probational elements, has convinced the courts to opt for it more often, per­haps the catalogue of criminal remedies listed in Article 32 of the Criminal Code should be expanded to include “community work”. Some steps towards introducing such a pro­posal have already been taken; at the moment the duties of professional probation officers include organisation and control of sentence enforcement.
4
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Wykonywanie kary pozbawienia wolności w Polsce międzywojennej

100%
Szczygieł G. B.
Miscellanea Historico-Iuridica
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2008
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vol. 6
41-54
EN
The article is concentrated on the procedure of carrying out the prison penalty in 1918–1938. You can distinguish two periods important for Polish penitentiary law in these times. The first of them was marked by taking out prisons from the occupants’ hands and by building grounds of Polish penitentiary system. The important step on this field was done on March 7th, 1928, when the President’s decree on system of prison organization was passed. This decree opens new period in Polish penitentiary system, because the progressive system of carrying out the prison penalty was introduced to Polish law then. The model was in accordance with the European standards and was taking into account the resolutions of penitentiary congresses of this time. However, the reality of prisons However, the reality of prisons was significantly different. The progressive system was introduced only with small group The progressive system was introduced only with small group of sentenced persons. More than 70% of prisoners had no work and they were kept in crowded prisons with no sufficient hygienic conditions. The problem of crowded prisons was only partially solved by the amnesty acts.
5

Środki alternatywne wobec kary pozbawienia wolności

100%
Szczygieł G. B.
Nowa kodyfikacja prawa karnego
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2014
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vol. 33
11 - 39
EN
In the catalog of penalties imprisonment emerged as penalty signifying progress and improvement of customs. Numerous defects identified prompted the search for alternative measures. The result of this search is the development, on the international forum — both in the universal and regional planes, of alternatives to imprisonment and the rules for their application. Given that in our country the population of prisoners serving a term of imprisonment as well as awaiting it is steadily increasing, it seems appropriate to search for the causes of this condition, especially that such a situation is not justified by the increase in the number of crimes committed. A glimpse at the existing regulations and the practice emerging from them warrants the works on amendments to the codification of the criminal law.
6
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Skazani – członkowie grup przestępczych w ocenie funkcjonariuszy Służby Więziennej

100%
Szczygieł G. B.
Archiwum Kryminologii
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2008
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issue XXIX-XXX
729-738
7
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Odpowiedzialność karna sprawców powracających do przestępstwa w świetle kodeksu karnego z 1932 r.

100%
Szczygieł G. B.
Z Dziejów Prawa
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2019
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vol. 12
559-572
DE
Den Gegenstand der Überlegungen ist die Instanz des Rückfalls im Straf- gesetzbuch von 1932. Den für das Thema des Artikels wesentlichen Ausführungen geht die kurze Charakteristik der Gestaltung der strafrechtlichen Verantwortlichkeit von rückfälligen Tätern in den Arbeiten der Kodifikationskommission voraus, die zum Zwecke der Vereinheitlichung der Strafgesetzgebung nach der Erlangung der Unabhängigkeit durch Polen im Jahre 1918 einberufen wurde. Analysiert werden auch die im Art. 60 des Strafgesetzbuches bestimmten Voraussetzun- gen des Rückfalls und strafrechtliche Konsequenzen der Rückkehr zur Straftat unter Berücksich- tigung der Rechtstheorie und Rechtsprechung.
EN
The subject of the discussion is the instance of recidivism in the Criminal Code of 1932. The main discussion is preceded by a brief description of the formation of criminal liabil- ity of persons returning to crime in the work of the codification committee established to unify criminal legislation after Poland gained independence in 1918. Then, the premises for recidivism specified in Article 60 of the Penal Code and the criminal consequences of returning to crime are analysed, taking into account the positions of doctrine and judicature.
PL
Przedmiotem rozważań jest instancja recydywy w kodeksie karnym z 1932 r. Zasadnicze dla tematu artykułu rozważania poprzedzono, krótką charakterystyką kształtowania się odpowiedzialności karnej osób powracających do przestępstwa w pracach komisji kodyfikacyjnej powołanej w celu ujednolicenia ustawodawstwa karnego po uzyskaniu niepodległości przez Polskę w 1918 r. Następnie przenalizowano przesłanki recydywy określone w art. 60 kk i konsekwencje prawnokarne powrotu do przestępstwa uwzględniając stanowiska doktryny i judykatury.
8
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Instytucja warunkowego zwolnienia w latach 1944–1960

100%
Szczygieł G. B.
Miscellanea Historico-Iuridica
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2009
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vol. 8
175-188
EN
After World War II the new socialist system influenced not only on social and economic life, but also on penal law. Earlier theories on causes of crime and on legal measures of combating the crimes were reviewed. The punishments, including the penalty of deprivation of liberty, were supposed to play correctional and educational role. According to this theory, the system of prison organization was based on education of prisoners and on preparing them for future honest life. One of the most important measures was employment of prisoners. After the war the state needed workers and the state officials decided to use prisoners as a labour force. The motivation to make them work harder was very simple: the chance for conditional release from serving full sentence. Act from October 31, 1951 on conditional release from serving full sentence has introduced so called obligatory conditional release to Polish legal system. If you worked hard and you were more productive than the average, you could be released when you worked in this way for more than half time of your sentence. This solution was criticized by the doctrine and in 1957, after the fall of Stalinism, a new act was passed. It was based on modern solutions, different from those applied in the 1951 act.
9
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Kara ograniczenia wolności w świetle polityki kryminalnej w latach 1970-1998

63%
Melezini M., Szczygieł G. B.
Archiwum Kryminologii
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2002
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issue XXVI
133-159
EN
The subject of the article is an analysis of the non-custodial sentencje known in Poland as curtailment of liberty (and thus excluding fines) as an important instrument of penal policy in the 1970-1998, the main focus being on two strands or this policy–legislative policy and penal policy–to the exclusion of the latter’s administrative aspects. In the light of the guiding principles of the 1969 Criminal Code non-custodial sentences were intended to become an important penal policy measure for treatment of perpetrators of  minor offenses and at the same time to provide a substitute for short terms of imprisonment, which had been found relatively ineffective as a means of achieving rehabilitation of convicted offenders. However, the normative extent of the code’s provision for non-custodial penalties proved to be relatively narrow. Within the range of alternatives to custodial punishment curtailment of liberty was an option available only under 17.5% of the defined offenses. Under Article 54 §1 sentencing to curtailment of liberty was admissible for 24% of all offenses and under Article  57 §1.3 for 27.9% of the total. The potential possibilities of non-custodial treatment of offenders were circumscribed by the provisions of Articles 54 §2, 52, 59 and 60.       A significant influence on the frequency of sentencing to curtailment of liberty was the actual incidence of criminal acts punishable by alternative form of treatment. Based on an analysis of Ministry of Justice and judicial statistics it appears that such acts were not among the most frequently committed offenses, amounting to about 10% of all convictions. The systematic growth of the proportion of sentences to curtailment of liberty, from 6.2% in 1970 to l8% in 1980, should, therefore, be regarded as achievement of the maximum level of possible sentences of this kind. If we consider the share of curtailment of liberty in the structure of sentences for offenses punishable by alternative forms of treatment we will find that there was a judicial bias towards curtailment of liberty. The frequency of such treatment of offenders fluctuated between 32.83% and 56.54%, while the range for fines came to 21.26%‒5I,99 % and for imprisonment to 3,4%‒21.26%. It can, therefore, be said that in the first decade following the 1969 Criminal Code’s entry into force curtailment of liberty fulfilled the purpose envisaged by the lawmakers, that is as an alternative to short terms of imprisonment. Undoubtedly, a factor contributing to the increase in the proportion of non-custodial sentences in the structure of final and conclusive judgments was the jurisprudence of the Supreme Court, in particular its guidelines for the administration of justice and judicial practice issued on 30 May 1979 (VII KZP 31/1977) concerning sentencing policy with respect to offenses for which the prescribed punishment is, interchangeably, imprisonmet, curtailment of liberty or a fine. Imprisonment, these stated, should be a penalty imposed only in the last resort when non-custodial forms of treatment are deemed incapable of performing the function of protection of the legal order.        If a salient characteristic of the 1970s was stability of legislative policy, which  precluded the possibility of shaping penal policy by means of legislation, the 1980s, or more precisely the period from 12 December 1981 to 1989, saw the emergence of a tendency in the opposite direction. For it brought the adoption of numerous basic amendments in criminal legislation, the general thrust of which was towards severer difinition of criminal responsibility. This was reflected in a decrease in the proportion of non-custodial sentences in the structure of final and conclusive judgments (from 15.6% in 1981 to 8.2% in 1984) and a concurrent increase in the frequency with which courts sentenced offenders to imprisonment (from 25.3% in 1981 to 33.1% in 1984).         During the years in which the rigorous provisions of the Special Criminal Responsibility Act were in force, that is in the period from 10 May 1985 to 30 June 1988, there was a systematic rise in the proportion of curtailment of liberty in the structure of sentences (from 10.1% in 1985 to 17.4% in 1987), which might have something to do with the introduction by the May legislation of provisions allowing for non-custodial treatment of offenders in summary proceedings.        The 1988 amendments to the Criminal Code, aimed at relaxing definitions of criminal responsibility, included, albeit in only a limited degree, provisions relating to the applicability of curtailment of liberty. These changes reflected a desire to increase the significance of non-custodial treatment in penal policy. However, in judicial practice there ensued a decrease in sentencing to curtailment of liberty, from 10.5% in 1989 to 5.3% in 1990.        The period of political, economic and social change in Poland which began  in 1989 stimulated criminal law reform. The aim of numerous legislative change which followed was to reduce the punitive  character of the Criminal Code. One reflection of this was greater provision for non-custodial treatment of offenders (introduced by the new Criminal Code enacted in 1995) through a broadening of the grounds for commuting sentences of imprisonment to curtailment of liberty or a fine under Article 54), reduction of the role of repeated criminality as an aggravating circumstance in punishment of offenders, and abolition of extended sentences for offenses classified as "hooligansm" or committed by repeat offenders.        In 1991-1995 the share of curtailment of liberty in the structure of sentences held steady at a level of 3.5%‒3,9%, making it the lowest ever for the period in which the 1969 Criminal Code was in force. This was not a result of the greater repressiveness of the criminal justice system since we observed a drop in the frquency of sentences of imprisonment. The courts tended to favor the use of conditional suspension of custodial sentences (the share of which rose from 43.9% in 1989 to 55.1% in 1997) and fines (up from 4.9% in 1989 to 27.4% in 1997). The explanation should, rather, be sought in problems with execution of sentences to curtaiment of liberty, chief among them the job shrinkages caused by changes in the free-market economy.       Analysis indicates that curtailment of liberty did not fulfill the expectations associated with this form of punishment. It did not become a significant instrument of penal policy nor did it contribute to reducing the scale of sentencing to terms of imprisonment. Even after a substantial widening of provision for punishment by curtailment of liberty its share of sentences ordered by the courts reached a level of only 5.2% (in 1977).       The new Criminal Code has substantially expanded the possibilities of sentencing offenders to curtailment of liberty. This form of punishment is intended to be an important instrument of penal policy with respect to misdemeanors and minor offenses and to replace imprisonment and even fines if ordering the latter is thought to serve no purpose. At the same time the Criminal Code has introduced modifications in the legal shape of this punishment. By preserving, contrary to the intentions of the code’s original drafters, multivariate forms of punishment it gives curtailment of liberty some of the hallmarks of probation by introducing the possibility of imposing certain additional conditions and establishing supervision. The new elements in the design of curtailment of liberty have met with numerous criticisms of the doctrine (including by the authors of the article). How it will affect the functioning of the institution analyzed the immediate future will tell.
10
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Zachowania korupcyjne osadzonych (wstępne wyniki badań)

63%
Pływaczewski E. W., Szczygieł G. B.
Archiwum Kryminologii
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2006
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issue XXVIII
299-311
EN
An analysis of the research questionnaires shows that most respondents (64%) think corruption is a significant problem of the Prison Service. Twenty-eight respondents (14%) quoted having received a corruption offer from a convict. If we consider the fact that one out of 7 respondents received a corruption offer and every second respondent thinks corruption is a significant issue, such an assessment does not reflect the experience of most people who deemed corruption a significant issue, but rather their feelings of threat or concern. Certainly, such feelings might be influenced by the multitude of such information in the media. In the newspapers, and inthe Penitentiary Forum which reaches every Prison Service member in particular, there are detailed accounts of specific cases of corrupt practices that were uncovered. As concerns corruption offers, we have to underline that they were twice more frequently addressed to warders than to counsellors. As stated in the survey, 19 warders and 9 counsellors admitted having received such offers. The fact that corruption offers were more often addressed at warders than counsellors might be explained to some extent by the fact that prisoners have more contact with the warders than the counsellors (prison yard, baths).
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