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Overuse in the Criminal Justice System in Poland
- from PART III - NATIONAL REPORTS 3ÈME PARTIE. RAPPORTS NATIONAUX
- Edited by Piet Hein van Kempen, Manon Jendly
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- Book:
- Overuse in the Criminal Justice System
- Published by:
- Intersentia
- Published online:
- 26 June 2019
- Print publication:
- 14 May 2019, pp 509-528
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- Chapter
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Summary
INTRODUCTION
In Poland criminal acts are classified as criminal offences (“przestępstwa”) and petty or administrative offences (“wykroczenia”). A criminal offence can take the form of felonies (zbrodnie) of misdemeanors (występki). Felonies are criminal acts that can be committed only intentionally and are subject to the penalty of at least three years of deprivation of liberty. Misdemeanors may also be committed unintentionally if the law so provides. Misdemeanors include fiscal offences. Criminal offences are regulated in the Criminal Code of 1997 (Journal of Laws 1997, No. 88, item 553, with amendments; thereafter referred to as “the CC”). The basic act regulating petty or administrative offences is the Petty Offences Code of 1971 (consolidated text: Journal of Laws 2015, item 1094 with amendments; thereafter referred to as “the POC”). Fiscal offences and petty fiscal offences are regulated in the Fiscal Penal Code of 1999 (consolidated text: Journal of Laws 2013, item 186 with amendments). Although the three codes are the basic acts for criminal justice, many criminal offences and petty or administrative offences are provided for in various statutes regulating may aspects of living in society. The number of criminal offences regulated out of the Criminal Code and Fiscal Penal Code is much higher than offences provided for in both codes. For example, more than 300 various types of offences against business transactions and economic turnover are defined in almost 60 statutes regulating economic turnover in Poland.
This chapter does not concern petty and administrative offences. Although they are criminal acts, they do not constitute crimes. The most severe penalty that may be imposed for petty or administrative offences is the arrest (areszt), which means deprivation of liberty for a period not less than 5 days but not exceeding 30 days. Other sanctions are: limitation of liberty, a fine and a reprimand. Persons convicted for petty or administrative offences are not registered in the National Crime Register except for those sentenced to the penalty of arrest.
Some criminal acts directed against property may be classified as criminal offences or petty offences. It depends on the value of property being subject of a given offence.
Women in prison in Poland
- from Part III - National Reports: 3ÈME Partie Rapports Nationaux
- Edited by Piet Hein van Kempen, Maartje Krabbe
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- Book:
- Women in Prison
- Published by:
- Intersentia
- Published online:
- 25 September 2018
- Print publication:
- 20 March 2017, pp 585-612
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Summary
INTRODUCTION
Following political changes in 1989, Poland has evolved into a democratic state based on the rule of law and implementing the principles of social justice. In 1997 new criminal legislation was adopted governing criminal responsibility (the Criminal Code of 1997, hereafter referred to as “the CC”), criminal procedure (the Code of Criminal Procedure of 1997, hereafter referred to as “the CCP”) and the execution of criminal sentences (the Code on Execution of Criminal Sentences, hereafter referred to as “the CECS”). The new criminal legislation, together with the new Constitution of 1997 and the European Convention on Human Rights, ratified shortly after the start of the transition process, have formed the basis for considerable changes in the Polish penitentiary system. Respect for the human rights of inmates became the most important challenge for our correctional facilities. A lot has been done since then to build up the system, complying with various international standards. In 2004 Poland joined the European Union. European funds have increased the opportunities to address various rehabilitation programs for those convicted of offenses. However, the rapid growth of criminality at the beginning of the 21s t century resulted in overcrowding in prisons, which was controlled at the expense of reducing the rehabilitation capacity of correctional facilities.
INTERNATIONAL AND HUMAN RIGHTS FRAMEWORK
INTERNATIONAL ORGANIZATIONS
Poland is a member of the following international organizations: the United Nations (since 1945); the Council of Europe (since 1991); the European Union (since 2004); and the Organization for Security and Cooperation in Europe (since 1973).
INTERNATIONAL HUMAN RIGHTS TREATIES AND CONVENTIONS THAT SPECIFICALLY CONCERN WOMEN
Poland is a contracting party to the following international human rights treaties concerning women: UN Convention on the Elimination of All Forms of Discrimination against Women (since 1980); UN Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Woman (since 2003). No reservations have been made to these Conventions. Poland is not a party to the Council of Europe Convention on preventing and combating violence against women and domestic violence, adopted in 2011.
In addition to binding legal acts, the Polish penitentiary system respects the following non-binding international instruments:
- the Standard Minimum Rules for the Treatment of Prisoners adopted in Geneva in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Off enders; and