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Polish way to electronic monitoring as an example of personal and the family safety

The presented article deals with the problem of electronic monitoring in Poland, implemented to the polish system by the Act on enforcement of sentences of imprisonment outside the prison by electronic monitoring. The paper presents facts and opinions contained in the literature, both for and against the implementation of the institution of electronic monitoring on its way to the Polish legal system. The main sources of knowledge during the realization of this paper were available literature and official statistics. Particularly the most important sources are: The tethered criminal. Electronic monitoring of offenders by Paweł Moczydłowskie and commentary to the Act by Michał Rusinek. The study discusses the development of electronic monitoring in historical perspective by presenting the institution since its inception, through changes in modern times, including its result and the newest changes.

In the contrary to the rich in turns and multidimensionality of problems history of electronic monitoring in the United States of America, Polish one has a relatively short course. The first signals about the possibility of introducing EM into the Polish legal system, appeared in the literature at the beginning of the emerging democracy in the early 90s, however, for more than a decade of this publication, no statutory proposals were systematized (Jasiński , p.193). Undoubtedly, two important papers published at international level had the impact on future decisions on the implementation of monitoring. The first was the UN General Assembly Resolution 45/110 of 14 December 1990 ‗Standard Minimum Rules for Noncustodial Measures‘ also called the Tokyo Rules. The main objective of this resolution was to lead the Member States to develop non-custodial penalties to cause the creation of alternatives, reduce the use of imprisonment and rationalize judicial policy in criminal matters. Simultaneously taking into account the respect for human rights, the requirements for the public sense of justice and the rehabilitative needs of the offender (Justification of the draft …). Later, in 1999, the Committee of Ministers of the Council of Europe issued a Recommendation no. R (99)22 concerning prison overcrowding and prison population inflation (Recommendation No. R(99)22 …). This document, recommends the use of electronic monitoring at all stages of criminal proceedings, as one way of reducing the number of prisoners. These documents clearly define the direction in which criminal policies should head into in the Council of Europe Member States.

At this point, we should yet ask whether Poland needed a relatively seemingly expensive system. The report of the Commissioner for Human Rights of the Council of Europe, who visited Poland on 1822 November 2002, to some extent brings the answer to this question (Report of the Commissioner …, CommDH(2003)4).

It has been shown there, not for the first time (Report to the Polish Government ..., CPT/Inf (2002) 10), the plight of the Polish prisons, resulting just from overcrowding of prison cells. The Commissioner visited, among others, prison in Warsaw-Białołęka, in which, there were 1,700 prisoners – despite an official capacity of 1,200 people (Report of the Commissioner for Human Rights …, CommDH(2003)4). It was also stressed that despite the very advanced fight against organized crime organizations in Poland, the issue of alternative sanctions should not come down to the wayside, so they are recommended as the direction for the future.

Also the supreme act of the Polish legal system the Constitution of the Republic of Poland contains in its content, freedoms and rights protecting the individual against the consequences of wrong penitentiary policy. Quoting the Constitution:

‗The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection from that point forward shall be the obligation of public authorities.‘ – art. 30K (Constitution of the …). Perhaps even more appropriate at this point is art. 40K in the part, referring to degrading treatment; ‗No one may be subjected to torture or cruel, inhuman, or degrading treatment or punishment. The application of corporal punishment shall be prohibited.‘ Finally, also art. 41, paragraph 4 of the Constitution, says about the humane treatment; ‗anyone deprived of liberty shal be treated in a humane manner.‘ Meanwhile (if these provisions do not seem to be detailed enough), it is possible to witness a situation in which, regardless of contained in art. 110§2 KKW (Executive Criminal Code …) statutory requirement of a minimum metric area not less than 3 square meters of residential cell per a convicted person, national average of 2,6m2 per inmate was recorded already in 2004 (Szczygieł, p.32 ). An even more important fact is that Poland has one of the lowest conversion rates of cell space per person in Europe. Among the former postsocialist countries only Estonia, Ukraine, Latvia, and Russia are recording lower 2,5m2, Hungary and Lithuania the same -

3m2, while the Czech Republic and Slovakia slightly higher 3,5m2 (Szymanowski, p.282-

294). Relating these facts to so-called Western countries there is no reason to be proud of it at all. For example (in square meters): Austria 6, Belgium 9, Finland 7, Greece 10, Spain 6, Netherlands 10,

Germany 7, Norway 6 to 10, Portugal 7, Turkey 8 to 9 (Melezini, p.390). Speaking of overpopulation, it is necessary to take into account the abovementioned parameters. One thing is overpopulation e.g. in a Dutch prison where living space can be reduced from the statutory 10m2 to 9-8m2 the other is leaving about 2.5m2 of a living space. Besides, the European Committee on Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) recommends Poland to increase the standards to 4m2 (Melezini, p.392). If Poland followed recommendations of international organizations, taking into account currently available space, the real capacity of the Polish prison system is between 45 to 50 thousand prisoners (Moczydłowski, p.89). 

Year

Prisoners

Capacity of penal system

1998

58 350

64 378

1999

54 436

63 984

2000

65 246

64 790

2001

78 761

68 191

2002

81 391

69 083

2003

81 321

69 469

2004

80 239

69 616

2005

82 761

70 186

2006

87 370

75 550

2007

89 995

79 213

2008 XI

84 511

79 442

 

Table 1. Number of imprisoned and the full capacity of penal system. (source: Central Prison Service)

In the study, prepared by Dr. Pawel Moczydlowski immediately before the period of the parliamentary debates on the bill (Moczydłowski, p.89), we can find the Chapter no. 3, entitled ‗Electronic surveillance in Poland – why do we need it?‘ The author, by using such phrase has already suggested, that such a need exists, and only proves it later in his thesis. In the context the ‗answer' to the question about the legitimacy of the EM in Polish regulations, will be more of giving confirming piece of evidence rather than eject counterarguments. It is worth to rely on what always appeals the most to the imagination, so the statistics. Like the US, so in Poland, ranging from the 80s, we can see a significant increase in the number of offenses committed, and thus the number of convicted persons. In 1980, 337,935 crimes were recorded, 883,346 a decade later, until 2001 when Poland achieved the number almost 1,400,000. For the past 20 years, it gives an increase of four hundred percent (Siemaszko A., Gruszczyńska, B., p.255).

The situation is similar in abovementioned statistics of general convictions. The eighties it was 139,000, nineties brought an average of 187,000 convictions (Siemaszko, p.156). In the year of 2000 for the first time the occupancy rate of penitentiary units exceeded the maximum value (by reaching 222 thousands of convictions) and amounted to 103.4% (Melezini, p.389). Just three years later, in 2003 there were more than 430,000 convictions (Siemaszko, p.156). In subsequent years, it underwent only worsened the situation. In 2005, there were 82 761 convicts and temporarily arrested inmates. Purely dramatic state appeared in the same category in 2007 by reaching number 89,995 prisoners.

 

Year

General

Arrested

Inprisoned

No.

Increase rate

No.

Increase rate

No.

Increase rate

1998

58 350

100

13 334

100

43 944

100

1999

54 436

93

18 059

98

41 775

95

2000

65 246

110

18 189

136

54 475

103

2001

78 761

135

24 275

182

53 899

123

2002

81 391

139

21 850

164

59 014

134

2003

81 321

139

20 383

153

60 602

138

2004

80 239

137

16 546

124

63 331

144

2005

82 761

141

14 405

108

67 985

154

2006

87 370

150

14 189

106

72 794

166

2007

89 995

154

13 324

100

76 271

174

2008 XI

84 511

145

9 457

70

74 585

170

Table 2. Sentenced and temporary arrested within1998-2008, author: G.B. Szczygiel

 

There should be noted the high growth of the prison population only between 2000 and 2003, the number convictions have increased by 200%. The main reason for this fact was the amendment of the Criminal Code (Act on a change of the…), in particular the introduction of records moving responsibility for driving under the influence from Code of Offenses into Criminal Code. This fact alone caused an increase in the number of crimes by 120 thousand a year (Siemaszko A., Gruszczyńska, B., p.240). Amendment to the Act on counteracting drug addiction, penalizing any drug possession, also was significant. The impact of amendments to the Criminal Code and a number of suspended penalties is shown in the table below:

 

 

 

1997

 

 

2005

2005 (without art. 178a & art.

48 on drugs addiction)

 

2005 (art. 178a§1 &§2 of Criminal Code)

 

2005 (art. 48 on drugs

addiction)

No.

%

No.

%

No.

%

No.

%

No.

%

Convicted in total

 

210 600

100,

0

504

281

 

100,0

 

340 985

 

100

 

153 160

 

100,0

 

10 136

 

100,0

Life

imprisonment

 

3

 

0,0

 

34

 

0,0

 

34

 

0,0

 

-

 

-

 

-

 

-

25 years of imprisonment

 

51

 

0,0

 

133

 

0,0

 

133

 

0,0

 

-

 

-

 

-

 

-

Detention in total

 

141 000

 

64,7

334

378

 

66,3

 

265 164

 

77,8

 

62 485

 

40,8

 

6 729

 

66,4

Of which:

-absolute

25 752

12,2

42 969

8,5

40 833

12,0

1 666

1,1

470

4,6

 

 

 

-conditionally suspended

 

116 159

 

55,2

 

291

409

 

57,8

 

224 331

 

65,8

 

60 819

 

39,7

 

6 259

 

61,8

Community sentence

 

10 934

 

5,3

 

67 254

 

13,3

 

29 467

 

8,6

 

35 992

 

23,5

 

1 795

 

17,7

Fine

57 689

27,4

100 96

8

20,1

45 092

13,3

54 319

35,5

1 557

15,4

Punitive measures

 

12

 

0,0

 

1 514

 

0,3

 

1 095

 

0,3

 

364

 

0,2

 

55

 

0,5

Conditional remission of a sentence

 

21 284

 

X

 

27 382

 

X

 

22 844

 

X

 

3 334

 

X

 

1 204

 

X

Table 3. Final court sentences within 1997-2005, author: T.Szymanowski

What are the changing structures of convictions? In 2000, up to 86.2% of them are non-custodial sentences. Seemingly it looks to be a correct proportion. Therefore, its virtuality is manifested by the fact that 64.4% of these penalties include conditionally suspended imprisonment (Siemaszko). The cause seems to be obvious the lack of a rational penitentiary policy, resulting in a negative balance of vacancies in overcrowded prisons. Thus, because of the abovementioned situation, the only solution is to suspend the sentence conditionally..

Already in 2005, more than 36 thousand people were waiting ‗in line‘ for completion of their sentences. At the end of 2008, in penitentiary institutions 45,635 judicial decisions were waiting for execution. The sentences covered 38,941 people, out of which 34,795 already missed their deadline to appear in prison (Szczygieł). Such state of affairs has led, inter alia, to ‗rescue‘ of the situation by converting spaces such as community centers, sports halls, so-called interim objectives, or the prison infirmary for residential purposes. Apart from the element of social rehabilitation, which faced by problems of the Polish penitentiary system, receded into the background, a decision on exchanging for the purposes of hospital rooms was criticized with all the power. In already very crowded objects, maintaining state can lead to the rapid spread of diseases. Another noticed way is to rule simply on shorter sentences. A six-fold increase in the number of penalties up to 6 months in prison, while more than doubled those from 6 months to 1 year (Moczydłowski, p.91). In this range of criminal threats (6 months to a 1 year), the most prevalent crimes committed by persons serving their sentences are: alimony, unpaid fines, participation in a fight, stealing car radios, piracy of computer software, petty theft, possession of drugs ‗for personal use‘, causing a car accident. Out of these, 3,784 people are those convicted of purely for alimony, and another 11,418 also (along with alimony) committed other crimes (Moczydłowski, p.92). That amount of people convicted of an offense under the art. 209 of Criminal Code is very important if looking at the protection of situation of those to whom alimony have been initially adjudicated. Now, accordingly to the Family Benefits Act adopted by the Polish Parliament on 28 November 2003, the Alimony Fund has been liquidated by setting alimony installments. By the absence of alternative fines as distressing as risk of imprisonment, in many situations, repression to the debtor was limited only to his time in prison. Thus leaving the creditor (usually the mother), without any financial security. The situation changed in 2008.

Further, a little bit longer punishments (up to 2 years of imprisonment) stand for more than half of all insulation penalties, penalties in the range of 5-10 years are 2%, and the penalty of 25 years of imprisonment and life imprisonment are only 0.2% of all penalties (Moczydłowski, p.92). 

Range of the penalty

No.

%

1 – 3 months

989

1,36

3 – 6 months

4 959

6,82

6 months – 1 year

13 313

18,31

1 year – 18 months

10 296

14,16

1 year – 2 years

11 699

16,09

2 – 3 years

10 434

14,35

3 –5 years

9 969

13,71

5 –10 years

6 464

8,89

10 –15 years

3 228

4,44

25 years

1 360

1,87

Life imprisonment

204

0,28

In total

72 710

100

Table 4. Sentenced accordingly to the range of their penalty in 2007, author: G.B.Szczygieł

In this calculation, a large disparity in the length of the imposed penalties is clearly shown. Although the heaviest crimes happen relatively rarely, still it is possible to see a large space for development, in particular by the so-called the average power penalty. The use of this type of penalty and retreat from the dominant conditionally suspended sentence of imprisonment could result in very significant from a social point of view, the increase of the sense of justice. When more than 60% are of non-custodial penalties, 18% of fines and 7% of the community sentence, ‗only' 10% do 'de facto", so socially notable absolute penalty of imprisonment.

Mindful of Montesquieu tripartite division of power, judicial power (also called justice), is one of the three pillars of a democratic state, affecting the trust of citizens in the state and a feeling of confidence to protect their own rights. How great sense of injustice, grief and disgrace to the existing legal system of the country a victim must have (already subjected to large stress in conjunction with the crime event) when immediately after hearing the ‗conviction‘ sentence, the accused ‗goes free‘, as a result of the suspension of sentence . Very often (especially in the case of sexual offenses), the victim knows the offender, lives a short distance or is closely related to environmentally (through school, workplace, a common circle of friends). The same situation occurs in the case, although sentenced to imprisonment, but placed the court ‗in line‘ to imprisonment. These circumstances build a sense of absolute impunity of an offender (‗because I did not go to prison‗) and lack of respect for the law, hardly built after 1989 democratic revolution. What's more, the victim bears the real consequences. Often, as a result of the unlawful action, she suffers physical health damage (and needs some rehabilitation) or mental damages (needs help of a psychologist), and which can even be more severe, is socially stigmatized. The natural reaction of the public opinion is the demand of increasing repression of many crimes or tightening the entire penal policy. Due to the existing prison overcrowding and long waiting queues, it is a totally wrong direction. Besides, it would be the answer ‗violence with violence‘, rather than the thought-out and long-term implementation of penal policy (Moczydłowski, p.101). At this point, it is worth to add, that before the Polish accession to the structure of the European Union in 2004, the number of convicted persons per 100 000 people in Poland amounted to 213. For comparison, at that time in the UK it was 138 – the highest rate in the EU – and 59 in Denmark – the lowest rate (Justification of the draft …).

Conditional suspension of a custodial sentence may indeed seem like a less repressive than the penalty of the community sentence. Therefore, we should consider alternatives, known from systems of combined sanctions, where after the suspension of sentence, the convicted person goes to a special program and performs there certain duties while being observed. What is crucial, at the time of residence ‗in freedom' one must prove that he fulfills the conditions imposed by the program and seeks contact with a probation officer or probation, by himself (depending on the model adopted in the country). All in order to submit the relevant report. It can be slightly compared to the principle of civil law the burden of proof. Probation officers, are not wasting time and public funds for investigations and do not search for the convicted person, as it certainly happens in the Polish probation. They focus on the true help of convicted rather than on paperwork. Any failure to comply with the obligation (breaking the rules) causes an immediate return to a prison cell. This occurs even without committing a crime! As a result of their behavior, convicted enter into a much heavier program. These systems, therefore, so to speak ‗trade freedom‘ and use the value which for the convicted is the most precious. Additionally, stay in the free environment does not demoralize the convicted much, thereby reducing the risk of recidivism.

The first structured proposal to introduce the Electronic Surveillance System collapsed in 2005. Then, on 2 February, the Polish Parliament, and then on April 19 to the Special Committee on Codification Changes (Dryl, p.122), received a bil ‗On amendments to the Law The Executive Criminal Code and some other laws'(Parliamentary draft no. 3750/2005). It was a parliamentary project, represented by Mrs. Katarzyna Piekarska (SLD – Left-wing socialist party). Its subsequent failure was caused by too big legislative optimism. A perspective of fifteen thousand vacancies in prisons, within first few years (not preceded by any pilot program), was totally unrealistic. In England and Wales reaching 10 thousand people per day took 15 years. These experiences, however, probably served as a ‗testing ground' and were a good point of reference for further legislative work.

After a period of one year, on 6 December 2006, the Marshal of the Parliament received a government bill: about the enforcement of sentences of imprisonment outside the prison by electronic monitoring (Lelental, p.68). The main difference between the two projects was that the first one projected conversion of many criminal acts, while the government draft, laid down the autonomous law on electronic surveillance (electronic monitoring). The undoubted feature joint for both bills was a common goal to reduce the prison population in In the explanatory memorandum to the Deputy we can read that: ‗(...) the performance of short-term imprisonment electronic surveillance is the most distressing ordeal for the offender, a way of limiting freedom without its complete deprivation in insulated prison. Such application of the system of electronic surveillance against the offenders of minor offenses, instead of isolating imprisonment, leads obviously to reduce the population detained in prisons. This view in Poland may be particularly accurate about convicted people. Ruling a fine or a custodial sentence is pointless, because of the obvious ineffectiveness of the enforcement of this type of punishment or those who take vicarious imprisonment for unpaid fines. It applies especially to the elders, the disabled, who are widely believed to stay unpunished unless they are put into the prison.' In the remainder of this explanatory memorandum, there is a reference to the individual effects of the electronic monitoring: ‗(...)The system of electronic surveillance is sufficiently onerous to satisfy postulate of just retribution, while not removing the obligation of self-control by a sanctioned person, what good is it to convince him to observe the law. Staying outside the prison under electronic control does not imply, these negative social effects that accompany even a short prison isolation. Just to mention the mutual demoralization of prisoners, weakened family ties, economic degradation, breaks in education.' (Lelental, p.72).

Act on the enforcement of sentences of imprisonment outside the prison by electronic monitoring of 7 September 2007, entered into force September 1, 2009, and was the starting date of the Electronic Supervision System in Poland (in Polish: System Dozoru Elektronicznego – SDE). It should be noted that initially the legislator defined the time frame of the Act until 31 August 2014, later derogated by Act on 12 July 2013 on changes in enforcement of sentences of imprisonment outside the prison by electronic monitoring (Journal of Laws 2013 item. 915). It was connected with its pioneering character and despite everything, unknown effects. It was expected that if these measures adopt in the Polish system, will be introduced to the codes.

Thanks to this decision the legislator avoided unnecessary at this stage of Code changes, which was a proof of prudent legislation.

So far, the act was changed four times:

  • small amendment of May 30, 2008 – extending the time of entry into force of this Law, with a very significant change concerning the placing on the latest technical measures,
  • the large amendment dated on 21st of May 2010 – which very significantly expanded the scope of subject and object of

the Act, increased the punishment in EM from

6 to 12 months and provided an opportunity to fourfold increase in population that might be convicted for a penalty in the EM (including repeat offenders, and with the exception of multiple-recidivists), abolished the remuneration of convicted for serving their sentences in EM, it rationalized responsibilities and activities of a probation officer in the EM and brought a number of changes-downs, the Act of 31 August 2011 – which introduced the possibility of using electronic monitoring to convicted who shall duty stay at their place of residence during the mass event;

the Act of 25 May 2012 – which introduced, among others, the possibility of granting conditional early release of convicts held in EM penalty, awarded professional curators with judicial powers to amend the socalled event schedule of penalties and gave the right to submit requests for revocation of performing penalty in the EM for those who breach the conditions of The Act lays down the new version for classification of the convicts for serving a sentence in the system, the distinction between convicts who have not initiated enforcement of the sentence in prison and those who are already in prison isolation.

The graph below can illustrate how abovementioned law changes influenced the number of convicted taken under the EM system, simultaneously allowing them to stay at home with their families, workplaces and schools.

 

Graph 1. Number of convictions within the electronic monitoring in Poland, source: Central Prison Service, Poland

It is also worth to compare it with a total capacity of the electronic monitoring system in Poland nowadays.

 

Graph 2. Total capacity of the electronic monitoring system in Poland, source: Central Prison Service, Poland

The last change of the law concerning electronic monitoring entered into force on 1st of July 2015 (Act on a change of the Criminal Code and other acts…). As a result of it the Act on the enforcement of sentences of imprisonment outside the prison by electronic monitoring was entirely derogated as the premature period of regulation expired. Starting from 1st of July 2015 the system was entirely adopted into Executive Criminal Code. That shows the electronic monitoring tuned to be very successful within the Polish legal system. Its impact on two major problems of the Polish penitentiary system is significant. First of all the EM is much cheaper than a prison. The average cost of electronic monitoring per person from 1 January 2012 until 31 August 2014 was 564,25 PLN while imprisonment cost approx. 2,500 PLN per month per person

Date

Criteria

In total

 

31.08.2009

Capacity

82889

Prisoners

85375

%

103,0%

31.12.2014

Capacity

86942

 

(Parliamentary draft no. 1173/2013). The other major issue was the overcrowded prisons. The table below illustrates how the situation in Polish prisons has changed in the last five years. We can see how the level of capacity looked like in August 2009 (a month before electronic monitoring was launched in Poland) and what current state of a capacity of Polish prisons is.

Table 5. Prisoners in total, prisons capacity, source: Central Prison Service, Poland Conclusions

The electronic monitoring appears to be a complex problem that depth analysis and presentation of its results far exceed the opportunity to present in the form imposed. However, taking the attempt to summarize the presented topic, it is needed to start from denial of the thesis set by the legislature, that electronic monitoring is the only remedy for the burning issue of Polish penitentiary system. The mere fact of existing ‗imprisoned hil ‘, excludes the possibility of a rapid reduction in the number of convicted persons residing in prisons. This fact seems to be further evident if we take into account recommendations of the Council of Europe to increase to at least 4 square meters of space in a cell per one prisoner.

It should be emphasized that there is the need to expand both subjective and objective of electronic monitoring. Looking objectivity it should be extended to include the possibility of monitoring in the preparatory proceedings, and therefore as a mean of security – as an alternative for abused by the courts short-term detention institutions. The subjective extension should, for some time, include people sentenced to longer imprisonment, of course, guided by the individual evaluation criteria.

Support of technology by broadly understood probation is an essential part of the effective and efficient system of punishment and rehabilitation. Such one in which the condemned will hold an obligation of reporting on their accomplishments, each offense will be appropriately punished, and the punishment always enforced.

Above-mentioned execution of laws is often the biggest problem, and without its solution is not possible to talk about building respect for law or institutions among citizens. Electronic monitoring, however, may become a turning point in awareness of both society and representatives of the judiciary, and thus contribute to the development of very desirable alternative sanctions.

 

References

  1. Dryl , Janicki G., Dozór elektroniczny, Zeszyty Prawnicze UKSW 5.2 (2005)
  2. Jasiński, , Areszt domowy (propozycja do rozważenia), [w:] Problemy kodyfikacji prawa karnego. Księga ku czci Profesora Mariana Cieślaka, Cracow 1993.
  3. Melezini, , O kryzysie polskiego systemu penitencjarnego, [in:] Misja Służby Więziennej a jej zadania wobec aktualnej polityki karnej i oczekiwań społecznych: IV Polski Kongres Penitencjarny: praca zbiorowa / pod red. Wiesława Ambroziaka, Henryka Machela i Piotra Stępniaka, Poznań Gdańsk Warszawa Kalisz, Uniwersytet im. Adama Mickiewicza w Poznaniu Uniwersytet Gdański Centralny Zarząd Służby Więziennej Centralny Ośrodek Szkolenia Służby Więziennej, 2008.
  1. Moczydłowski , Przestępca na uwięzi. Elektroniczny monitoring sprawców przestępstw, Zeszyty naukowe „Ius et lex‖, part no 2, 2006.
  2. Lelental , Dozór elektroniczny – czy może przyczynić się do rozwiązania lub tylko złagodzenia problemu przeludnienia w zakładach karnych, [w:] Misja Służby Więziennej a jej zadania wobec aktualnej polityki karnej i oczekiwań społecznych: IV Polski Kongres Penitencjarny: praca zbiorowa/ pod red. Wiesława Ambroziaka, Henryka Machela i Piotra Stępniaka, Poznań Gdańsk Warszawa Kalisz, Uniwersytet im. Adama Mickiewicza w Poznaniu Uniwersytet Gdański Centralny Zarząd Służby Więziennej Centralny Ośrodek Szkolenia Służby Więziennej, 2008.
  1. Siemaszko , Polska polityka kryminalna: konieczność rewolucyjnych zmian, [in:] Zapobieganie i zwalczanie przestępczości w Polsce przy zastosowaniu probacyjnych środków karania, Kancelaria Senatu, Warsaw 2004.
  2. Siemaszko , Gruszczyńska B., Marczewski M., Atlas przestępczości w Polsce 3, Instytut Wymiaru Sprawiedliwości i Oficyna Naukowa, Warsaw 2003.
  1. Szczygieł, B., Wykonywanie kary pozbawienia wolności w systemie dozoru elektronicznego a przeludnienie zakładów karnych, [in:] Aktualne problemy prawa karnego. Księga pamiątkowa z okazji Jubileuszu 70. urodzin Profesora Andrzeja J. Szwarca, Wydawnictwo UAM, 2008.
  2. Szymanowski , Przeludnienie zakładów karnych, jego następstwa i metody ograniczania tego zjawiska, Czasopismo Prawa Karnego i Nauk Penalnych, Year XI: 2007, part.1.
  3. Słownik Języka Polskiego, Wydawnictwo Naukowe PWN A..

Legal acts

  1. Act on the enforcement of sentences of imprisonment outside the prison by electronic monitoring dated on 07.09.2007, Journal of Laws 2007 191 item. 1366.
  2. Act on a change of the Criminal Code dated on 14.04.2000, Journal of Laws 06.2000 no. 48, item. 548.
  3. Act on a change of the Criminal Code and other acts dated on 20.02.2015, Journal of Laws 2015, 396.
  4. Constitution of the Republic of Poland dated on 2 April 1997, Journal of Laws 1997 no 78 483.
  5. Executive Criminal Code dated on 6.06.1997, Journal of 1997 no. 90 item. 557.
  6. Family Benefits Act dated on 28.11.2003, Journal of Laws 2003, 228, item. 2255.
  7. Justification of the draft of the Act on the enforcement of sentences of imprisonment outside the prison by electronic monitoring and executive acts, Journal of Laws 2010, 101 item. 647, Parliamentary draft no. 1237/2007.
  1. Parliamentary draft no. 3750/2005.
  2. Parliamentary draft no. 1173/2013.

Other documents

  1. Recommendation R(99)22 Of The Committee Of Ministers To Member States Concerning Prison Overcrowding And Prison Population Inflation, Adopted by the Committee of Ministers on 15 September 1999 at the 679th meeting of the Ministers' Deputies
  1. Report Of The Commissioner For Human Rights , Mr Alvaro Gil-Robles, on his visit to Poland, 18 – 22 November 2002 For The Committee Of Ministers And The Parliamentary Assembly, CommDH(2003)4 oraz Commissioner for Human Rights 3rd Annual Report January to December 2002, to the Committee of Ministers and the Parliamentary Assembly, CommDH(2003)7, 19 June
  2. Report to the Polish Government on the visit to Poland carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 8 to 19 May 2000, CPT/Inf (2002) 10. Strasbourg, 23 May 2002. List of tables

Table 1. Number of imprisoned and the full capacity of penal system. (source: Central Prison Service)

Table 2. Sentenced and temporary arrested within1998-2008, author: G.B. Szczygiel Table 3. Final court sentences within 19972005, author: T.Szymanowski

Table 4. Sentenced accordingly to the range of their penalty in 2007, source: G.B.Szczygieł

Table 5. Prisoners in total, prisons capacity, source: Central Prison Service, Poland

 

List of graphs

Graph 1. Number of convictions within the electronic monitoring in Poland, source: Central Prison Service, Poland

Graph 2. Total capacity of the electronic monitoring system in Poland, source: Central Prison Service, Poland

Разделы знаний

International relations

International relations

Law

Philology

Philology is the study of language in oral and written historical sources; it is the intersection between textual criticism, literary criticism, history, and linguistics.[

Technical science

Technical science