Udzielenie zezwolenia na odbywanie kary pozbawienia wolności w systemie dozoru elektronicznego przez komisję penitencjarną. Uwagi krytyczne
Granting permission to serve a sentence of imprisonment in the electronic monitoring system by the penitentiary commission. Critical remarks

Summary/Abstract: The article critically analyzes the amendment of regulations concerning the ex-ecution of prison sentences under the electronic monitoring system (SDE) in Polandwith particular emphasis on the competence of the penitentiary commission in grantingpermission for SDE to persons sentenced to short-term imprisonment. The author pre-sents the evolution of legal regulations since 2009, highlighting a fundamental changeintroduced by the Act of August 5, 2022 which authorized penitentiary commissions tomake decisions regarding SDE in certain cases, while maintaining judicial oversight.The paper discusses procedural similarities and differences between proceedings beforethe penitentiary commission and the penitentiary court, as well as the practical andconstitutional consequences of this solution. The author criticizes the transfer of powers, previously reserved for courts, to the penitentiary commission, arguing that this is incon-sistent with Article 175(1) of the Constitution of the Republic of Poland which entruststhe administration of justice exclusively to the courts. In conclusion, the author pointsto the need to restore the exclusive competence of penitentiary courts in adjudicating onSDE and to consider raising the sentence threshold for eligibility for this system in orderto achieve more effective rehabilitation and reduce the prison population.

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