Korzystanie z telefonu przez skazanego w świetle nowelizacji artykułu 105b Kodeksu karnego wykonawczego
The Use of the Telephone by a Convicted Person in Light of the Amendment to Article 105b of the Executive Penal Code

Summary/Abstract: The purpose of this article is to analyse the amendment to Article 105b of the Executive Penal Code of 17 September 2022 in the context of its compliance with domestic and international standards for the protection of the rights of persons deprived of liberty. The thesis of the study is that the amendment, despite its declared guarantee-oriented character, has in practice led to an excessive restriction of the right of prisoners to telephone contact, resulting in a weakening of family ties and hindering the achievement of the resocialization aims of imprisonment. An analysis of the practical application of the amended provisions, in particular the internal regulations of penitentiary institutions and data from inspections carried out by the Commissioner for Human Rights, reveals an entrenched tendency towards a restrictive interpretation of Article 105b of the Executive Penal Code, treating the minimum standard of one call per week as the maximum permissible limit. The article demonstrates that such a practice is inconsistent with the Polish Constitution, the European Convention on Human Rights, the European Prison Rules, and the Convention on the Rights of the Child. In its conclusion, de lege ferenda proposals are formulated aimed at restoring the guarantee-oriented character of Article 105b of the Executive Penal Code by increasing the minimum number of telephone calls and standardizing the practice of their implementation in penitentiary institutions.

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