Zakaz nieludzkiego lub poniżającego traktowania osób skazanych na karę pozbawienia wolności w świetle prawa karnego Unii Europejskiej
Prohibition of inhuman or degrading treatment of persons sentenced to imprisonment in the light of the EU criminal law

Summary/Abstract: A subject matter of this study is concerning the prohibition of inhuman or degrading treatment of persons sentenced to imprisonment in the light of the EU criminal law. In particular, its aim is a comparative analysis of the jurisprudence of the CJEU and the ECtHR. The research findings indicate that, first, the protection of human rights from the perspective of criminal proceedings with a cross-border dimension is a challenge for the EU Member States. Secondly, about the prohibition of inhuman or degrading treatment of convicted persons, it should be recognized that human rights occupy a priority place in “EU legal space in criminal matters”. Third, the prohibition of inhuman or degrading treatment of the sentenced persons which is reflected in Article 4 of the CFR and Article 3 of the ECHR is linked with the progressive humanization of today’s criminal law, including the fundamental role of the punishment, that should be effective rehabilitation and social reintegration of offenders.

• Details
• Contents