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Wielokulturowość w zakładach karnych. Uwagi o problemie i unormowaniach prawnych

100%

Stępniak P.

Nowa kodyfikacja prawa karnego

2018

vol. 48

107-128

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.

Problematyka rozmieszczania skazanych w świetle kulturowych aspektów obecności cudzoziemców w polskich zakładach karnych

99%

Gutkowska A., Fajst M.

Archiwum Kryminologii

2014

issue XXXVI

293-323

The cultural diversity of people serving custodial sentences in Poland is an issue that requires intensive research and analysis. In theory, the number of foreigners in Polish prisons might not seem great enough to warrant the interest of either researchers or practitioners. There are said to be around 500 such people (in custody and provisional detention) annually in a population of approx. 80,000. It has to be borne in mind, however, that the presence of people with a completely alien, and therefore often incomprehensible, cultural code in such a closed environment as a penal institution poses a great challenge, despite their small numbers. This article discusses the results of research conducted on foreigners in selected Polish penal institutions in 2014. The methodology involved analysing case files and conducting in-depth interviews with Prison Service officials and employees as well as the foreign prisoners themselves. These examinations attempted to determine, inter alia, the extent to which the cultural differences that incarcerated foreigners bring with them affect the status of foreigners serving custodial sentences and the way penal institutions function, and how well adapted the Polish prison system is to dealing with people from other cultures. One of the aspects discussed is the issue of accommodating foreigners given custodial sentences. This is analysed from the standpoint of possible cultural differences. According to the current legislation, foreigners are subject to the same rules as Polish prisoners when serving their sentences. The officials who were interviewed stressed that the rules for accommodating foreigners in detention centres and penal institutions are no different from those that apply to Poles – and nor should they be. As the interview progressed, however, these same officials would give examples of situations where the cultural differences of incarcerated foreigners affected e.g. the way they were accommodated in their cells and certain additional difficulties they had in adapting and relating to the prison subculture. Therefore, in practice, despite the lack of regulations and/or recommendations from above, these officials are forced to respond to the additional challenges resulting from the fact that foreigners do not speak Polish and exhibit behavioural patterns that differ to a greater or lesser extent from the norm. The experience and “penitentiary intuition” of the official actually turned out to be the only guide in these situations. The attitude of the foreign inmates themselves is no less important for the proper functioning of a penal institution. The examination shows that most of them are not looking for extra hassles but are trying to serve their sentences with as little trouble as possible. In view of the above, it would seem legitimate to argue that the main reason for there not being greater problems with foreigners in Polish prisons is that there are so few of them.

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1 Archiwum Kryminologii

1 Nowa kodyfikacja prawa karnego

1 Fajst M.

1 Gutkowska A.

1 Stępniak P.

1 2018

1 2014

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Wielokulturowość w zakładach karnych. Uwagi o problemie i unormowaniach prawnych

Problematyka rozmieszczania skazanych w świetle kulturowych aspektów obecności cudzoziemców w polskich zakładach karnych