The freedom of conscience and religion of particularly dangerous offenders (Article 88a and 88b of the Executive Penal Code) Cover Image

Wolność sumienia i religii sprawców szczególnie niebezpiecznych (art. 88a i 88b k.k.w.)
The freedom of conscience and religion of particularly dangerous offenders (Article 88a and 88b of the Executive Penal Code)

Author(s): Jerzy Nikołajew
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Human Rights and Humanitarian Law
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: Executive Penal Code; freedom of conscience and religion;Kodeks karny wykonawczy; penitentiary; zakład karny; wolność sumienia i religii; kara pozbawienia wolności;

Summary/Abstract: The freedom of conscience and religion belongs to the catalogue of basic human rights. However, the realization of the entitlements deriving from this freedom in the case of dangerous offenders takes places under conditions of a penitentiary institution, in rooms with a high level of protection. At the same time, contact with other people, including the clergy, is limited in a maximum way. The legislator has decided that restricting the realization of the rights of particularly dangerous offenders is necessary to ensure security of the prison. However, such restrictions may also be considered inhumane treatment, especially when their use is disproportionate to the threat to prison security. Abuses may occur especially when the scale of the threat to prison security is assessed by the prison administration themselves. Therefore, it is necessary to modify the provisions of the Executive Criminal Code and regulate the religious entitlements of dangerous offenders.

  • Issue Year: 2020
  • Issue No: 23
  • Page Range: 245-261
  • Page Count: 17
  • Language: Polish