Being isolated from society after serving one’s criminal sentence Cover Image

Izolacja od społeczeństwa po odbyciu w pełni kary pozbawienia wolności
Being isolated from society after serving one’s criminal sentence

Author(s): Ewa Dawidziuk
Subject(s): Criminal Law
Published by: Instytut Nauk Prawnych PAN
Keywords: National Centre for the Prevention of Antisocial Behaviour;deprivation of liberty;therapy;danger to society;mental disorders;

Summary/Abstract: The article describes the functioning of the National Centre for the Prevention of Antisocial Behaviour in Gostynin on the basis of interviews that the author conducted with patients there during three visits to the Centre as an employee of the Office of the Commissioner for Human Rights. It is a detention centre described as a medical facility where therapy is provided for people with mental disorders such as mental retardation, personality disorder, or sexual preferences disorder. The author describes examples of patients’ legal situations and the observance of their constitutional rights. It was organised in 2014 on the basis of legislation from 22 November 2013. That act states that the civil court shall decide whether a person who has served their entire criminal sentence a danger to society because of his/her disorders. The Constitutional Tribunal has stated in its judgements that the act, apart from one article, is consistent with the Polish Constitution. In practice, we can observe many legislative gaps or a need to change a binding law. The number of patients at Gostynin is increasing rapidly whilst the existing problems have not been solved by the legislature, who do not wish to consider the problems pointed out many times by the Commissioner for Human Rights.

  • Issue Year: 1/2019
  • Issue No: XLI
  • Page Range: 219-260
  • Page Count: 42
  • Language: Polish