Podstawowe problemy regulacji prawnej i praktyki wykonywania środków postpenalnych w latach 2014–2025. Perspektywa zmian i przekształcenia środków postpenalnych w kodeksowe środki zabezpieczające
Basic problems of legal regulation and practice of implementing post-penal measures in the years 2014–2025. The prospect of changes and transformation of post-penal measures into security measures in the Penal Code

Summary/Abstract: The article presents a description of the procedural model intended to enable courts to classify previously convicted individuals as posing a continued threat to the society and to impose post-penal measures, specifically preventive supervision or placement in the National Centre for the Prevention of Dissocial Behaviour. The article addresses key challenges in the adjudication and implementation of these two post-penal measures. Among the main issues identified are the limited judicial oversight of preventive supervision, the insufficient network of outpatient therapeutic means, as well as significant shortcomings of the detention at the National Centre for the Prevention of Dissocial Behaviour. Its approach is overly isolating, closely resembles prison conditions and is largely governed by sub-statutory provisions. The article concludes with a general observation that although both post-penal measures are necessary, they require a reform, resulting in particular in greater flexibility for the substitution of isolation measures with preventive supervision. Additionally, procedures governing the implementation of these measures should be accelerated, the measures themselves should be incorporated into the catalogue of statutory preventive measures, and the legal status of the National Centre for the Prevention of Dissocial Behaviour should be more precisely defined. Importantly, the Centre shall not be treated solely as a facility treating mental disorders, especially in light of the fact that some detainees are unwilling to participate in therapy while in other cases the diagnosed disorders are not responsive to treatment.

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