Postępowanie dyscyplinarne w kodeksie karnym wykonawczym a Europejskie Reguły Więzienne z 2006 r.

Abstract

In their work, the authors of the 1997 Penal Executive Code used a number of international documents as a reference. The list of treaties ratifi ed by Poland, such as the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights, included the European Prison Rules which Poland, as a member of the Council of Europe, is obliged to observe. At the time of the work on the Penal Executive Code, the applicable model rules were the European Prison Rules of 1987. In 2006, a new version of the European Prison Rules was adopted. This creates grounds for an analysis of the provisions of the Code that pertain to the procedures implemented in relation to convicts from the point of view of the guidelines provided for in the Prison Rules. Given the broad scope of the provisions, the present article focuses on disciplinary proceedings. The objective of the article is to answer the question of whether the provisions of the Penal Executive Code comply with the recommendations defi ned in the European Prison Rules. The discussion contained herein focuses on the most important recommendations, namely the ultima ratio principle of disciplinary proceedings, the defi niteness of the inmates’ behavior that constitutes a violation and the penalties it carries, the defi niteness of the disciplinary procedures, the body authorized to impose penalties, and the appeal body and procedure, as well as the rights of inmates that were accused of committing a violation.