ACT

of 6 June 1997

Executive Penal Code

• Metric
• Codified text

GENERAL

Chapter I

Scope

Article 1. [ Enforcement of decisions] § 1. Enforcement of decisions in criminal proceedings, in proceedings in cases of treasury and treasury offences and in proceedings in cases of misconduct and punishments and coercive measures resulting in the deprivation of liberty shall be carried out according to the the provisions of this Code, unless otherwise provided by the law.

§ 2. The provisions of the Criminal Procedure Code shall apply mutatis mutandis to the enforcement proceedings in matters not governed by this Code.

Chapter II

Bodies of the executive proceedings

Article 2. [ The bodies of the implementing procedure] The implementing bodies shall be:

1) the court of first instance or another equivalent court,

2) a penitentiary court,

3) President of the court or authorized judge,

4) a penitentiary judge,

5) the director of the criminal establishment, the detention centre, as well as the district director and the Director General of the Prison Service, or the person directing the other establishment provided for in the implementing criminal law and the penitentiary committee,

6) the forensic probation officer and the manager of the curatorial team of forensic services,

7) judicial or administrative enforcement authority,

8) the tax office,

9) the appropriate field of government administration or local government,

10) another authority authorised by the law to execute the rulings.

Article 3. [ Property Property] § 1. The court which issued the judgment in the first instance shall also have jurisdiction in the proceedings concerning the enforcement of that judgment, unless the law provides otherwise.

§ 1a. (repealed).

§ 2. In cases reserved in this Code for a penitentiary court, it is competent to have this court of penitentiary in which the district is convicted, unless the law provides otherwise. The court of the penitentiary is a district court.

§ 3. In relation to the persons convicted by the military court, in the cases referred to in § 2, the military court of the garrison court.

§ 3a. The decision on the nature of the property in the implementing procedure shall not be entitled to a decision.

§ 4. (repealed).

§ 5. (repealed).

Chapter III

Convicted

Article 4. [ Enforcement of penalties and criminal measures] § 1. Penalties, criminal measures, compensatory measures, forfeiture, protective measures and preventive measures shall be carried out in a humane manner, respecting the dignity of the convicted person. The use of torture or inhuman or degrading treatment and punishment shall be prohibited.

§ 2. The convicted retains the rights and freedoms of civic. Their limitation may result only from the law and from the judgment rendered on the basis of the law.

Article 5. [ Rocks] § 1. Convicted shall be the subject of the rights and obligations laid down in this Code.

§ 2. The convictions shall comply with the instructions given by the competent authorities for the enforcement of the decision.

Article 6. [ Application entitlements] § 1. A convicted person may apply for the opening of proceedings before a court and take part in it as a party and in the cases indicated in the law to pay the complaint to the provisions given in the implementing proceedings.

§ 2. The convicted may submit applications, complaints and requests to the authorities executing the ruling. The convicted, by lodging an application, a complaint or a request, shall be obliged to justify the requests contained therein to the extent that it is possible to identify it, in particular to attach the relevant documents.

§ 3. If the application, complaint or request is:

1. are based on the same factual basis,

2) contain words or phrases commonly regarded as vulgar or abusive or a guarantor of the offenders,

3) do not include the justification of the requests contained in them to the extent that they can be recognised

-the competent authority may leave a request, a complaint or a request without recognition.

Article 7. [ Complain of the decision] § 1. Convicted may challenge the court's decision to the authority mentioned in art. 2 points 3 to 6 and 10 because of its illegality, if the Act does not provide otherwise.

§ 2. The complaints shall be recognized by the competent court in accordance with Art. 3. In cases concerning the holding of a custodial sentence, a replacement custodial sentence, a detention order, a detention order or a replacement sentence, a punitive sentence and a detention order, the execution of a custodial sentence a decision on conditional preterm relief and a detention order consisting of a competent court in a psychiatric court shall be the competent court of the penitentiary.

§ 3. An application for a decision, as referred to in paragraph 1, shall be entitled to a sentenced person within seven days of the date of the notification or service of the decision; the decision shall be published or notified together with the reasons for the decision on the right to which the sentenced person is entitled, the time limit and the manner in which he or she has been lodged. complaints. The complaint shall be lodged with the authority which issued the contested decision. If the authority which issued the contested decision does not adhere to the application, it shall forward it, together with the file of the case, to the competent court.

§ 4. The court of first jurisdiction to hear the action may withhold the application of the contested decision. The refusal of the hold does not require a justification.

§ 5. After recognition of the application, the court shall decide whether to maintain, repeal or amend the contested decision; the decision of the court of justice shall not be entitled to.

Article 8. [ Defender] § 1. In the enforcement proceedings, the convicted person may use the assistance of the defender established in that proceeding.

§ 2. In the proceedings before the court, the convicted person must have a defender if:

1) is deaf, mute or blind,

(2) there is a reasonable doubt as to his ability to do so;

3) he has not completed 18 years,

4) (repealed),

5) the court finds it necessary because of the circumstances hindering the defence.

§ 2a. Article Recipe 78 The Code of Criminal Procedure shall apply mutatis mutandis.

§ 3. A convicted deprived of liberty may communicate with his lawyer, a lawyer who is a lawyer and a representative who is not an advocate or legal adviser, who has been approved by the President of the European Chamber The Court of Human Rights to represent the convicted before this Court, while others are absent, and conversations with those during the visions and telephone conversations are not subject to scrutiny.

Art. 8a. [ Censorship of the convictions of the convicted person] § 1. The correspondence of the convicted without liberty shall be subject to censorship and supervision, unless otherwise provided by the law.

§ 2. The correspondence of a convicted person without liberty with a lawyer or attorney who is a lawyer or legal adviser shall not be subject to censorship, supervision and detention and shall be immediately forwarded to the addressee. The provisions of Article 4 73 § 3 and 4 and art. 225 § 3 of the Code of Criminal Procedure shall apply.

§ 3. The first sentence of Article 2 (2) applies mutatis mutandis to the correspondence of a convicted person without freedom from law enforcement authorities, the judiciary and other state bodies, local government bodies, the Ombudsman Civil society, the Ombudsman of the Rights of the Child, bodies set up on the basis of the international agreements on the protection of human rights, ratified by the Republic of Poland, and a representative who is not a lawyer or legal adviser who has been Approved by the President of the European Court of Human Rights representation of the convicted before the Court.

Article 8b. [ Rights of the Ombudsman, the person authorised by him or the prosecutor who carries out the duties of the Ombudsman] § 1. The Ombudsman or his authorized person shall have the right of access at any time, without limitation, to detention facilities, to the detention of investigators and other places where persons deprived of their liberty are present, and to move on their premises, review of documents and requests for explanations from the administration of these entities, as well as to carry out during the absence of other persons conversations with persons deprived of their liberty and examination of their applications, complaints and requests.

§ 2. Paragraph 1 shall apply mutatis mutandis to the procurator of the executing service.

Chapter IV

Implementing procedures

Division 1

Enforcement of decisions

Article 9. [ Initiation of proceedings] § 1. The enforcement proceedings shall be initiated without delay when the decision has become enforceable.

§ 2. Judgment and provisions issued in accordance with art. 420 of the Code of Criminal Procedure shall become enforceable with the moment of entitlement, unless otherwise provided by the law.

§ 3. The order in the executing proceedings shall become enforceable at the time of issue, unless the law provides otherwise, or the court issuing the order or the court set up for the examination of the complaint shall withhold its execution.

§ 4. The submission of an application for an order in the executing proceedings shall not withhold the execution of the decision of which the application relates, unless the court, in particular cases of justified cases, decides otherwise. The decision on the cessation of the execution of the decision does not require a justification.

Article 10. [ Scope of tasks of uniformed services] § 1. The police in the enforcement proceedings shall execute the court's orders.

§ 2. Paragraph 1 shall also apply mutatis mutandis to the Military Gendarmerie and the Military Commander if convicted by a soldier.

§ 3. The provision of § 1 shall also apply mutatis mutandis to the Internal Security Agency, the Central Anticorruption Bureau, the Border Guard and other bodies, where the enforcement proceedings concern matters which, in accordance with the law, belong to them properties.

§ 4. State bodies and institutions, local authorities and associations and social organisations shall assist the executing authorities in their activities.

Article 11. [ Obligations of the court in directing the decision to be executed] § 1. The Tribunal shall send a copy or extract thereof with a reference to the enforceability and, in the case of a final judgment, to the competent authority designated for the enforcement of the decision, in the case of a decision to be executed. In order to implement the judgment in respect of the fine, the litigation of the State Treasury, the provision of money for the benefit fund and the Postpenitentiary Assistance and the court fees, the court shall also send the most recently obtained information, referred to in art. 213 § 1a of the Code of Criminal Procedure. The court shall send the director of the criminal or criminal court the decision, including the grounds for which it is based, if it has been drafted and does not contain classified information classified as 'secret' or 'top secret'.

§ 1a. If the victim has lodged an application as referred to in Article 4. 168a § 1, the court referred to in § 1 shall send to the director of the penal or detention centre this application and the particulars containing the name and address of the victim.

§ 2. The Tribunal shall, after the conviction of the conviction, send to the director of the forensic or criminal case the information concerning the convicted person, including data on the prior criminal record and the educational means applied to him or her, to the director of the criminal case or correctional, information permitting identification of the convicted, in particular the number of the Automatic Fingerprint Identification System (AFIS), the number of the General Electronic System of Records of the Population (PESEL), the description and the description of the characters special and tattoos, as well as a photo of the convicted, copies of decisions and medical opinions and psychological, including those found in the convicted alcohol dependence, psychotropic and narcotic drugs, as well as information on the commission of the offence referred to in art. 197-203 of the Penal Code in connection with sexual preferences disorders, and after the judgment has been lawfully applied, at the request of the director of the establishment or the arrest-also court records.

§ 3. The Minister of Justice, in agreement with the Minister of National Defence, shall determine, by means of a regulation, the detailed scope of information to be sent to the director of the criminal or investigative office referred to in § 2, having regard to the necessity of the collection of the personalisations necessary for the proper classification of the convicted person for the purpose of carrying out the purposes for which the execution of the custodial sentence is to be carried out.

§ 4. In the event of a temporary arrest or a custodial sentence, the court shall send a notice of conviction together with the information referred to in § 2, the director of the detention centre or the criminal establishment.

§ 5. The authority referred to in paragraph 1 shall notify the court of accession to the enforcement of the decision and of the termination of the decision.

Article 12. [ Convictions of persons subject to military duty] About the final convictions of persons subject to the duty of military service or the service in civil defense formations to imprisonment without suspension of its execution, as well as of changes concerning the execution of the sentence of imprisonment, the court it shall also inform the competent authorities in matters of general duty of defence, on a basis and in accordance with the procedure laid down in separate provisions.

Art. 12a. [ Economic information on the rise of arrears] § 1. In the notice of payment of the fine, also of the case-law as a substitute penalty, a reference to the State Treasury, the amount of money to be forfeited, the costs of a judicial or monetary order on the basis of a final court decision issued in the case of a criminal offence or misconduct, it is also to be advised that in the event of failure to pay these receivables in full within the period resulting from the provisions of this Code, the court will transfer to the offices of economic information, acting on the basis of the Act of 9 April 2010. on providing economic information and the exchange of economic data (Dz. U. of 2014 items 1015 and 1188), an economic information about the emergence of this backlog.

§ 2. In the event of non-payment by the convicted in full of the receivables referred to in § 1, within the period resulting from the provisions of this Code, the court shall immediately communicate the economic information about the formation of that arrears to the offices of economic information, acting on the basis of the Act of 9 April 2010. to provide economic information and exchange of economic data.

§ 3. The Tribunal shall perform the obligations of the creditor referred to in Article 29 and art. 30 of the Act of 9 April 2010. to provide economic information and exchange of economic data.

Article 12b. [ Notice of the possibility of a total judgment] The executing authority shall immediately inform the competent court if it considers that the conditions for a total judgment are to be adopted.

Article 12c. [ Determination of time of execution of penalties or other measures] If the penalty or other measure subject to enforcement under the provisions of this Code is determined in the weeks, months or years, it shall be assumed in the implementing proceedings that the week shall be counted for days 7, month in days 30, and the year for the days 365.

Art. 12d. [ Counting the duration of penalties or other measures] For the duration of a custodial sentence, a replacement custodial sentence, a detention order, a detention order, a replacement sentence, a punitive sentence and a detention order for a period of 24 hours shall be taken counted from the moment of actual deprivation of liberty.

Article 13. [ Doubt resolution] § 1. The body implementing the decision and any person whose judgment is directly applicable may ask the court which issued it to rule on the question of the enforcement of the decision or of the pleas in law on the calculation of the sentence. The order of the court shall be entitled to a complaint.

§ 2. (repealed).

§ 3. The decision on the application referred to in paragraph 1 shall also be entitled to the authority referred to in Article 1 (1). 2 points 5 to 10 and to any person whose judgment is directly applicable.

Article 14. [ Collection of information on convicted person] § 1. In the executive proceedings, the body of the executive proceedings may order the collection of information concerning the convicted person. Body referred to in Article 2 points 1-5 of the executing decision may also order the collection of information relating to the convicted by an environmental interview carried out by a court curator. In the event of reasonable doubt as to the identity of the convicted authority, the executing authority may request the establishment of its identity by the Police.

§ 2. The Minister of Justice will determine, by way of regulation, in agreement with the Minister responsible for internal affairs and the Minister of National Defence, other bodies set up to conduct an environmental interview, taking into account in particular his the scope and mode of conduct.

Article 15. [ Waiver and suspension of enforcement proceedings] § 1. The General Court shall, in the event of a statute of limitations of the execution of the sentence, of the death of the convicted or other cause excluding the proceedings,

(2) If there is a lasting obstacle to the enforcement proceedings, and in particular if a convicted person cannot be subtracted, or a decision cannot be made against him because of a mental illness or other chronic, severe illness, the proceedings shall be suspended in whole or in part for the duration of the obstacle.

§ 2a. A complaint shall be granted for the purpose of remission or of suspension of the enforcement proceedings.

§ 3. The suspension of the enforcement proceedings shall not suspend the running of the statute of limitations, unless the convictions are waived. The period of interruption of the limitation period shall not exceed 10 years.

§ 4. Execution of a custodial sentence, a replacement custodial sentence, a military detention penalty, a detention order or a replacement sentence, a punitive sentence and a coercive measure involving deprivation of liberty in the same or another case pauses the limitation period.

Article 16. (repealed).

Article 17. [ Notice of enforcement of the decision] § 1. The Tribunal shall, in the direction of the enforcement of a judgment of deprivation of liberty, notify:

1) a caring court, if there is a need to care for the children of the convicted,

2. the competent authority, if there is a need to take care of the unmarried person or the sick who the convicted person has taken care of, or the need to take the necessary steps to protect the property or apartment of the convicted person.

§ 2. The speeches made and the orders issued shall be notified to the convicted person.

Art. 17a. [ Order Routing Order] § 1. In the event of a judgment against a convicted custodial sentence and a penalty of restriction of liberty on the basis of art. 37b or art. 87 § 2 of the Penal Code, the penalty of restriction of liberty shall be directed to execution in the first place only if there are legal obstacles to the immediate execution of a custodial sentence.

§ 2. In the event of the cessation of the obstacles referred to in § 1, the court shall, irrespective of whether the penalty of restriction of liberty has already been carried out in its entirety, without delay, direct the execution of the sentence of imprisonment.

Division 2

The proceedings before the court

Article 18. [ Form of a decision] § 1. In the executive proceedings, the court shall rule by decision.

§ 2. In matters not requiring the order, the President of the Tribunal or the authorized Judge shall issue the order.

§ 3. In matters not requiring the order of the court of the penitentiary, the ordinance shall be issued by a penitentiary judge.

Article 19. [ Adjudication mode] § 1. The court shall rule at the request of the prosecutor, convicted or his/her defender and ex officio, and if the law so provides-at the request of other persons.

The application or the complaint may be notified in writing or orally. In the event of an oral notification, a protocol shall be written.

§ 3. The applicant referred to in paragraph 1 shall be obliged to justify the requests contained therein to the extent necessary to enable it to be recognised, and in particular to attach the relevant documents. In the event of failure to comply with this obligation, the application may be left unrecognised

§ 4. The application or complaint shall be recognized within 21 days from the date of the impact of the court, unless the Act provides for the recognition of the application at the meeting where the entitled persons may participate.

Article 20. [ Composition of the Court] § 1. In the executive proceedings, the court shall give judgment by one person.

2. The complaint shall be lodged with the court which issued the judgment under appeal; it shall be forwarded without delay, together with the file to the higher court of the instance, unless the court adjudicating in the same composition appealed to the complaint.

§ 3. A higher court of instance shall be aware of the complaint by a single person.

§ 4. The higher court of the instance shall recognize the complaint within 21 days from the date of its submission by the court of first instance, unless the Act provides for recognition of the complaint at the meeting in which the entitled persons may participate.

Article 21. [ Prosecutor's participation] In proceedings before the court, the prosecutor is a party; in particular, he may submit applications and, in the cases indicated in the act, to pay the complaint to the orders issued at the execution of the proceedings.

Article 22. [ Participation in the meeting] § 1. The prosecutor, the convicted and his defender, the court's probation officer, the victims, as well as other persons referred to in art. 19 § 1, have the right to take part in the meeting when the Act so provides. In the sitting of the court of higher instance, they shall have the right to take part of the person entitled to participate in the court of first instance.

§ 1a. The failure of the persons referred to in paragraph 1, duly notified of the time limit and purpose of the meeting, shall not suspend the case, except in the cases referred to in Article 1. 8 § 2, unless the court adjudicates in favor or in accordance with the application of the convicted.

§ 2. The Tribunal may also allow other persons other than those listed in § 1 to participate in the meeting if their participation may be relevant for the decision.

§ 3. The participation of a judicial professional curator in a meeting is obligatory if the Act so provides or the court deems it necessary.

Article 23. [ Convictions] § 1. The court may order the court to bring the convicted court.

§ 2. The Tribunal may order a hearing of the convicted court in which the convicted district is in custody.

§ 3. If the court proceedings concern a convicted person deprived of liberty, the proceedings may be held in the establishment in which he is staying.

Article 24. [ Amendment or repeal of the order] § 1. If new or previously unknown circumstances relevant to the resolution are revealed, the court may at any time amend or repeal the previous provision.

§ 2. The amendment or repeal of the order provided for in § 1 shall not be permitted to the disadvantage of the sentenced one after six months from the date on which the order is entitled to be granted.

§ 3. An order issued pursuant to paragraph 1 shall be entitled to a complaint only if it has also been entitled to an order subject to amendment or repeal.

Division 3

Enforcement

Article 25. [ Execution Mode] § 1. The execution of curated civil claims, case-law, cash benefits and judicial claims shall be carried out in accordance with the provisions of the Code of Civil Procedure, if this Act does not provide otherwise.

§ 2. (repealed).

§ 3. In the first place, they are subject to the satisfaction of the civil claims in order to repair the damage or to make amends for the injury suffered, followed by the judicial claims.

Article 26. [ Enforcement titles] The provisions of Article 1 shall apply to enforceable titles. 776-795 of the Code of Civil Procedure.

Article 27. [ Forfeiture and litigings for the Treasury] The execution of forfeiture and allusion to the State Treasury shall run the tax office in accordance with the provisions on enforcement proceedings in the administration, if this Act does not provide otherwise.

Article 27a. [ Application of the provisions of the Code of Civil Procedure and the provisions on enforcement proceedings in the administration] § 1. The provisions of the Code of Civil Procedure shall apply to the execution of the provisions on security of the fine, the provision of money, the means of compensation and judicial costs, if this Act does not provide otherwise.

§ 2. The provisions on security of forfeiture shall apply to enforcement proceedings in the administration if this Act does not provide otherwise.

Article 28. [ Execution of spouses ' property] § 1. Judgments in respect of one of the spouses remaining in property, fines, litigations and litigations shall be satisfied from the separate property of the convicted and of the remuneration for the work or other services rendered by him. in person, as well as the rights of the creator of the invention, utility model, and rationalization project. If the satisfaction of these sources proves impossible, the execution may be carried out of the common property. The inapplicability of a separate convicted property shall be recorded in the minutes.

§ 2. The execution of a common property shall be inadmissible in the event of a conviction for the offence to which the convicted spouse or the person in respect of whom the spouse is under maintenance is the victim of a maintenance obligation.

§ 3. In the event of a referral to the common property, the sentenced spouse may request the limitation or exclusion in full of the claims referred to in paragraph 1 of the common property or of certain of its components, if the convicted has not contributed or has contributed substantially to the creation of such assets, or to the acquisition of certain elements of that property, or where the satisfaction of the assets of the common receivables is contrary to the principles of social coexistence.

Article 29. [ The forfeiture of one of the spouses] § 1. On the basis of a final decision forfeiture of one of the spouses remaining in property, the assets in respect of which the forfeiture applies or which are forfeited by the equivalent of a forfeiture of objects or benefits shall be forfeited. the nature of the assets of the common assets From that moment on, the rules on joint ownership in fractional parts are applied to them, with the Treasury being part of the forfeiture. A convicted spouse may be requested, as appropriate, with the request referred to in Article 4. 28 § 3.

§ 2. Article 1 shall apply mutatis mutandis in the case of a decision of forfeiture of objects covered by another type of joint ownership.

Article 29a. [ The forfeiture of the asset obtained from committing a crime] § 1. In the execution of a forfeiture of a financial advantage derived from the commission of a criminal offence or equivalent, it shall be presumed that the goods and property rights which are in the possession of the convicted person after the forfeiture shall have been forfeited at the time of issue Decisions.

§ 2. The natural person in respect of whom the presumption laid down in Article 45 § 3 of the Penal Code or in the Art. 33 § 4 of the Tax Penal Code, may apply for an exemption from its scope of property items, the total value of which according to the estimation of the enforcement authority does not exceed the average six-month income of that person; request for exclusion shall be notified to that authority.

§ 3. In the event of failure to take account of the request referred to in paragraph 2, the person concerned may, by reason of his action, request the exclusion of objects from the scope of the presumption and the release of such objects from the execution of the security or the security.

Article 29b. [ Allegation of overthrow of the presumption] § 1. A lawsuit against the State Treasury for the overthrow of the presumption laid down in art. 45 § 4 of the Penal Code or in the Art. 33 § 4 of the Tax Penal Code is provisionally free of charge, and in the event of a dismissal of the action, the plaintiple is obliged to pay the charges on general principles.

(2) If, for the purpose of refusing the presumption, the claimant is to be entitled to purchase a payment, he shall indicate the source of acquisition and prove the origin needed for the acquisition of the funds.

§ 3. The sale of movable or immovable property shall not take place prior to the final decision of the case.

Article 30. [ Representation Of The State Treasury] In cases brought against the State Treasury, he is represented by the President of the district court or the tax office in cases where he has executed his judgment in the case of the forfeiture case.

Article 31. [ Entitled to file a lawsuit] If the debtor makes a legal action by the debtor of the Treasury with the hives of the creditor, the President of the district court or the tax office shall be brought to the proceedings in the cases in which he/she executes the judgment.

Chapter V

Penitentiary surveillance

Article 32. [ Supervision over the legality and regularity of enforcement of penalties] Supervision of the legality and regularity of the execution of the custodial sentence, the replacement of the custodial sentence, the detention of military detention, the sentence of arrest or the replacement of the sentence of arrest, order punishment, temporary arrest, detention, measure the coercive effect of the custodial sentence and the detention order in the psychiatric facility shall be exercised by a penitentiary judge.

Article 33. [ Judge of the penitentiary's authority] § 1. A penitentiary judge visits criminal establishments, investigative detainees, and other places where persons deprived of their liberty are present. He shall have the right to enter in any time, without limitation, to those establishments, arrests and places and to move on their premises, to review the documents and to request explanations from the administration of these units.

§ 2. A penitentiary judge has the right to conduct in the absence of other persons conversations with persons deprived of liberty and examination of their applications, complaints and requests.

Article 34. [ Decision Repeal] § 1. A penitentiary judge repeals the illegal decision of the authority mentioned in art. 2 points 5 and 6, in so far as it concerns a person deprived of liberty.

§ 2. On the decision of the convicted judge and the authorities referred to in § 1, he shall be entitled to a complaint to the court of the penitentiary in which the district decision was issued.

§ 3. The provisions of Article 4 § 7 § 3-5 shall apply mutatis mutandis.

§ 4. In the event of an unlawful imprisonment, the penitentiary shall immediately inform the body at the disposal of which the person deprived of his liberty remains, and in the event of his or her punishment or measure, referred to in art. 32-the authority that directed the decision to be executed and, if necessary, manages the dismissation of such a person.

Article 35. [ Notification of the competent authority] § 1. If, in the opinion of a penitentiary, there is a need for a decision not belonging to its jurisdiction, and in particular of a decision of an administrative nature, it shall communicate its observations together with the appropriate proposals to the competent authority.

The authority referred to in paragraph 1 shall notify the judge of the penitentiary, within 14 days or in another of the time limit prescribed by the Judge, of the position taken. If the judge of the penitentiary deems this position unsatisfactory, he shall refer the matter to the parent body of the body referred to in paragraph 1; the overarching authority shall notify the judge of the manner in which the case is dealt with.

§ 3. In the event of recurrence of gross misconduct in the functioning of the criminal undertaking, the detention of an investigator or any other place where persons deprived of liberty are present, or where the conditions in which they exist do not ensure respect for the rights of persons residing there, a penitentiary occurs to the competent authority of the parent with an application for the removal of the existing deficiencies within the prescribed period. If, within the said period, the deficiencies have not been remeded, the penitentiary shall request the competent minister to suspend the activity or to liquidate, in whole or in part, the establishment, the detention or the place of custody.

Article 36. [ Delegation] The Minister of Justice shall determine, by means of a regulation, the manner, scope and mode of exercise of the supervision of the penitentiary, taking into account, in particular, the legality and regularity of the execution of the custodial sentence, the way in which the identified deficiencies are to be eliminated and ways of documenting and carrying out this supervision, as well as the type and type of the criminal establishment.

Chapter VI

Sentencing

Article 37. [ The jurisdiction of the court on the issue of conviction] § 1. The court shall rule on the application of the conviction, unless the proceedings have been made by law.

§ 2. If, in the first instance, the sentences have been issued by several courts, the court which last handed down the convictions is competent. If the courts of different orders have adjudicated, a higher order of judgment is appropriate.

§ 3. The request for a conviction to be lodged before the end of the year after the refusal of the freezing order may be left unrecognisable.

§ 4. The decision on the application of a conviction shall be entitled to a complaint.

Chapter VII

Public participation in the enforcement of decisions, assistance in the social readaptation of convictions and the Fund for Disadvantaged Assistance and Postpenitentiary Assistance

Article 38. [ Co-operation of associations, foundations, organisations and institutions] § 1. In the implementation of penalties, criminal measures, compensatory measures, safeguards and preventive measures, in particular in relation to deprivation of liberty, and forfeiture, the associations, foundations, organisations and institutions whose purpose is to act is carrying out the tasks set out in this Chapter, as well as churches and other religious associations and trustworthy individuals.

§ 1a. In the field of crime prevention and social readaptation, the bodies referred to in § 1 shall take action to increase the efficiency of the operation of the public authorities and to strengthen the rule of law of those bodies.

§ 2. The entities referred to in § 1 may, in agreement with the director of the criminal or investigative institution, participate in the conduct of the activities of rehabilitation, social, cultural, educational, sporting and religious activity in those establishments or Arrests.

Article 39. [ Participation in counties and other collegiate bodies whose task is to provide assistance to convicts and their families] § 1. Representatives of the entities referred to in Article 38 § 1, may participate in counties and other collegial bodies-appointed by the Prime Minister, the Minister of Justice or subordinate bodies or bodies-whose task is to provide assistance to the convicted and their families, or to coordinate the interaction of the public with criminal and investigative arrests. Those representatives and trustworthy persons may also participate in social control over the execution of penalties, criminal measures, compensatory measures, security and prevention measures and forfeiture.

§ 2. The President of the Council of Ministers shall determine, by means of a regulation, the scope, the form and mode of interaction and the requirements to be met by the representatives of the entities referred to in art. Article 38 (1), in the execution of penalties, penal measures, compensatory measures, safeguards, preventive measures and forfeiture, as well as of the social control referred to in paragraph 1, taking into account the objectives to be used for the interoperability of those bodies in the readaptation process. social and crime prevention.

Article 40. [ Main Council] § 1. In order to coordinate the interaction between state bodies and representatives of the public in the prevention of and enforcement of decisions and to provide assistance in social readaptation, as well as for the exercise of social control and making the evaluation of the penitentiary policy, the President of the Council of Ministers shall appoint the General Council for Social Affairs of the Readaptation and Assistance of the Rock, hereinafter referred to as the "Principal Council".

§ 2. The Main Council consists of the representatives of the judiciary, the Minister of Justice, the Minister of National Defence, the Minister responsible for Social Security, the Minister of Health Affairs, the Minister responsible for the education The Minister for Internal Affairs and the Police and Prison Service, the Minister for Internal Affairs and the Police and Prison Services. The Main Council may also include representatives of associations, foundations, organisations and institutions referred to in Art. 38 § 1, churches and other religious associations, as well as trade unions and self-government, representatives of science and trustworthy individuals, which may contribute to the achievement of the objectives set out in § 1.

§ 3. As required, the water may be called by the field councils for social readaptation and convictions, hereinafter referred to as 'field councils'. Representatives of the relevant level bodies referred to in § 2 as well as local government bodies shall also be invited to the composition of the field council. Representatives of other bodies referred to in § 2 of the field council may also be invited to participate in the work of the field council.

§ 4. The President of the Council of Ministers shall determine, by way of regulation, the detailed rules and mode of appointment and the activities of the Main Council and the field councils.

Article 41. [ Granting of convictions and their families] § 1. In order to facilitate social readaptation and, in particular, to counteract the return to crime, the convicted and their families of the necessary assistance, in particular the material, medical, in finding work and accommodation, should be given to the convicted and their families, and legal advice.

§ 2. The aid referred to in paragraph 1 shall be provided by the competent authorities of the governments and local authorities and by the curators of the court, which may also be provided by the entities referred to in Article 1. 38 § 1.

Article 42. [ Convicted representative] § 1. Convicted may establish, in writing, as his representative a trustworthy person, with his consent, in particular of the representatives of associations, foundations, organisations and institutions referred to in art. 38 § 1.

§ 2. The convicted representative referred to in § 1 may act only in the interest of the convicted and to that end shall submit, on his behalf, applications, complaints and requests to the competent authorities and institutions, associations, foundations, organizations, churches and other confessions.

§ 3. The President of the court, the authorized judge, and in the course of the sitting of the court, may at the request of the sentenced person to participate in the proceedings before the court of the convicted representative referred to in § 1.

Article 43. [ Urinary Assistance Fund and Postpenitentiary Assistance Fund] § 1. The Fund shall be set up by the State Aid Fund and the Postpenitentiary Assistance Fund, hereinafter referred to as the 'Fund'.

§ 2. The Fund is a State Fund which the Minister of Justice, hereinafter referred to as "the Fund's disposal", is a member of the Fund.

§ 3. The court which issued the judgment in I of the instance shall carry out separate, detailed accounting records of the accounts and cash benefits for the Fund.

§ 4. The court referred to in § 3 shall invite the person liable to pay the allusive or to provide cash, to pay them within 30 days.

§ 5. Enforcement proceedings concerning the tax and cash benefits of the Fund shall be initiated by the bailiff at the request of the court referred to in § 3, according to the provisions of the Code of Civil Procedure. To that end, the court of its own motion shall give the title an enforceable declaration of enforceability.

§ 6. An advance on the costs of execution shall be financed by the Fund.

§ 7. The revenue of the Fund shall be in cash coming from:

1) adjudicated by the courts of allusions and cash benefits,

(2) a deduction of 10% of the remuneration for the work of convicted persons employed in the forms referred to in Article 3 (2). 121 § 2,

3) the execution of disciplinary penalties referred to in art. 143 § 1 point 7,

4) declines, records and donations,

5) grants, rebounds and other sources.

§ 8. The resources of the Fund shall be allocated to:

(1) assistance to victims of crime and their loved ones, in particular medical, psychological, rehabilitation, legal and material assistance, granted by entities not included in the public finance sector, and not acting in the interests of the the achievements of profit, including associations, foundations, organizations and institutions,

2) post-penitentiary assistance to persons deprived of liberty, released from penal establishments and the detention of investigators and members of their families, provided by professional court curators and the Prison Service,

2a) legal and psychological assistance to the witnesses and the people closest to them,

3) postpenitentiary assistance to the persons referred to in point 2, granted by the entities mentioned in the art. 38 § 1,

4. the activities undertaken or entrusted by the authorising officer of the Fund to support and develop the system of assistance to victims of crime and post-penitentiary assistance, in particular on:

(a) to promote and support initiatives and actions to improve the situation of victims of crime and for effective readaptation of convictions,

(b) undertaking educational and information undertakings,

(c) covering the costs associated with organising and carrying out training,

(d) taking, organising and commissioning of research on the situation and the needs of the victims of the crime and of the convicted persons.

§ 9. The implementation of the tasks referred to in § 8 points 1, 2a-4 shall be carried out in open competition.

§ 9a. The consent of the President of the Court, the Head of the organisational unit of the public prosecutor's office is required for the implementation of legal and psychological assistance to the victims and witnesses in the court, the organisational unit of the prosecutor's office or the Police Department. Commandant of the Police Office Unit. The entity acceding to the open tender shall attach to the offer a document confirming that consent.

§ 10. The authorising officer by the Fund, hereinafter referred to as 'the grant', shall carry out the tasks referred to in Paragraph 8 (1), (2) to (4) with the subject of the contract.

§ 11. The entities to which the contract is concluded shall be obliged to keep the separate accounts of the funds received and the expenditure incurred and to have a separate bank account intended only for the handling of those funds.

§ 11a. A person who has received a grant for the purpose of providing psychological assistance to victims of a crime or a witness shall be obliged to provide psychological assistance to the request of the operator of the operational and reconnaiter or to check the or a preparatory or court proceedings within 14 days of the call, unless the psychological assistance measures referred to in the contract have been used or the victim or the witness is not eligible for such assistance.

§ 12. Entities that have received grants from the Fund shall be required to draw up and provide quarterly information on the use of these funds to the Fund's authorising officer and to draw up and transfer the clearance of grants in respect of material matters and financial, within 15 days from the date of completion of the task.

§ 13. Assistance from the Fund shall not be granted to the extent that it has been granted from other sources.

§ 14. The authorising officer of the Fund shall verify the correctness of the expenditure of the grants received from the Fund in terms of the rationality and legality of the expenditure, including the accuracy of the data contained in the information referred to in paragraph 12 with the facts.

§ 15. The persons who have used the grants not in accordance with the purpose of granting them shall be obliged to reimbursing the Fund's disposal equivalent to the funds transferred together with interest in the amount specified as for tax arrears, within 15 days of the day determination of such use.

§ 15a. The entities referred to in § 15 may not take part in the open competition of tenders referred to in § 9, until the date of repayment of the funds together with interest and for the following 12 months from that date.

§ 16. A person who has made use of his/her misuse of assistance shall be obliged to repay the equivalent of the benefits obtained.

§ 17. Where it is found that the person who has been granted the aid has misused it, the person who has granted the aid is obliged to request that person to return the equivalent of the benefits obtained within 30 days of the day of the call for payment of the aid. to return.

§ 18. A person who has made use of the aid not in accordance with its intended purpose and, despite the call, has not reimbursed the aid, shall lose the right to further assistance, unless there are exceptional circumstances justifying the granting of such aid.

§ 19. The Minister of Justice shall determine by way of regulation:

(1) the mode of granting assistance to victims of crime, to witnesses and to the persons closest to them,

(2) the mode of granting assistance to persons deprived of their liberty, released from criminal establishments and the detention of investigators and members of their families,

3) the conditions and mode of grant of grants from the Fund to entities, including in particular the mode of conducting the tenders, the criteria for evaluating the offer and the mode of concluding contracts for the implementation of the entrusted tasks,

4) the detailed tasks for which the Fund's resources are earmarked,

5) the manner in which the Fund's resources are used and accounted for, including the model and the deadlines for the submission of quarterly information by entities,

6) detailed rules of the financial economy of the Fund

-having regard to the need for a separate financial economy to carry out tasks relating to assistance to victims of crime and post-penitentiary assistance, as well as the need for effective and rational use of resources The Fund and the achievement of the objectives for which the Fund was created.

Chapter VIIa

Electronic dispensing system

Division 1

General provisions

Art. 43a. [ Enforcement of penalties, criminal measures and safeguards which are linked to the use of electronic surveillance] § 1. Penalties, punishments and safeguards the performance of which shall be carried out by means of electronic surveillance shall be carried out in accordance with the provisions of this Chapter.

§ 2. The provisions of this Chapter shall include:

1) punishes-these provisions also apply to criminal and security measures,

2) convicted-these provisions are also applicable to the perpetrator against whom a security measure has been adjudicated with electronic supervision

-with the exception of the provisions relating to the modification of the manner of execution of the sentence and the provisions concerning only stationary supervision

Art. 43b. [ Electronic dispensing system] § 1. Electronic surveillance is the control of the conduct of the convicted by technical means.

§ 2. The electronic surveillance system is generally a method of conduct and technical means for the execution of electronic supervision.

§ 3. In the electronic dispenser system, you can control:

1) being present by the convicted on specified days of the week and hours in indicated by the court of the place (stationary dispensers),

2) the current whereabouts of the convicted person, irrespective of where the convicted is (mobile supervision),

3) keeping by the sentenced specified minimum distance from the person indicated by the court (proximity dispensers).

Art. 43c. [ Penalty of restriction of liberty in the electronic surveillance system] § 1. The penalty of restriction of freedom in the electronic surveillance system shall be carried out as stationary dispensers. The criminal and safety measures in the electronic surveillance system shall be carried out as proximity or mobile supervision.

§ 2. The Minister of Justice will determine, by means of a regulation, the manner and detailed conditions for the execution of penalties, criminal measures and safeguards in the electronic surveillance system, including the scope of the necessary documentation, the need to ensure the control and assessment of the conduct of the persons in respect of which the penalties, criminal measures or safeguards have been adopted.

Art. 43d. [ Supervision of the execution of penalties with electronic supervision] § 1. Supervision of the execution of penalties with electronic supervision and the adjudication of the enforcement of such penalties shall be the case in the court referred to in Article. 43e.

§ 2. The supervision referred to in paragraph 1 shall include the control and evaluation of:

(1) the legality and regularity of the execution of the case-law,

2) the correctness of the calculation of the periods of execution of the case-law in the electronic dispenser system

3) carrying out the probation tasks and educational activities of the judicial curator and the course of the process of rehabilitating the convicted,

4) the activities of the authorised dispenser in the performance of duties by the convicted,

(5) the order in which the decisions are carried out, as well as the correctness of the notification of the occurrence of technical conditions allowing the immediate commencement of the execution of the case-law or of the date from which it will be possible.

§ 3. Activities relating to the organisation and control of the execution of penalties with electronic supervision and the obligations imposed on them shall be carried out by a judicial curator in a judicial capacity. The regulations on the dosage and the probation officer shall be applied accordingly.

Art. 43e. [ The jurisdiction of the court in the exercise of supervision] In the exercise of a stationary supervision, a court shall have jurisdiction in which the penalty is or is to be executed and, in the exercise of proximity and mobile supervision, the court in which the sentenced person is domiciled and, if convicted, not to have such a place-the court in which the criminal or security measure is exercised in the electronic surveillance system.

Art. 43f. [ Technical measures for the execution of electronic surveillance] § 1. The technical means used to perform electronic surveillance are:

1. monitoring headquarters,

(2) the information and communication system by which the operator of the monitoring centre, the custodian, the courts, the court of the court and other authorised entities process information relating to the organisation and control of the execution of the penalties in question. a system of electronic surveillance (communication and monitoring system),

3) transmitters,

4) stationary and portable recorders.

§ 2. The Minister of Justice will determine, by way of regulation, detailed technical conditions and functional requirements which the technical means for carrying out electronic supervision should be fulfilled, as well as the way in which the system works communication and monitoring system, including the transmission of data within that system, with a view to ensuring the proper functioning of the electronic surveillance system and the safeguarding of personal data and information relating to the the operation of this system prior to their unauthorised disclosure.

Art. 43g. [ Electronic supervision] § 1. The electronic supervision shall be performed by:

1. the operator of the monitoring centre-in respect of the activities associated with the operation of this headquarters,

2) a dosing operator-for the remaining activities.

§ 2. The operator of the monitoring headquarters is a caretaker or an organizational unit subject to the Minister of Justice.

§ 3. The supervising entity may be an entrepreneur, a state institution or a foreign entity which is an entrepreneur within the meaning of the law of the country of registration and fulfilling the conditions for the exercise in the Republic of Poland of economic activity.

§ 4. The Minister of Justice shall select the dispenser referred to in paragraph 3, in accordance with the procedure laid down in the Act of 29 January 2004. -Public procurement law (Dz. U. of 2013 r. items 907, with late. zm.) and entrusts it with the activities referred to in § 1 (1) or (2).

Division 2

Start of electronic surveillance

Art. 43h. [ Conditions for the execution of a penalty in the electronic surveillance system] § 1. The penalty may only be carried out in an electronic surveillance system where technical conditions permit, in particular, the number and coverage of the available transmitters and recorders and the organisational capacity of their handling.

§ 2. In the event that the technical conditions are not sufficient for the simultaneous entry into the mobile supervision of all convicts in respect of which such supervision has been adjudicated, mobile dispensers shall be referred to as a measure in the first instance. security.

§ 3. If the convicted resides jointly with another person or persons with age, the condition for the commencement of the stationary supervision shall be the prior written consent of those persons to the court, including the possibility for the supervising operator to carry out the duties. control.

§ 4. The probation officer shall determine, by means of a collection of information, whether the sentenced person resides in conjunction with another person or persons with age, and, if so, obtains the personal data of those persons and then instructs them on the conditions for the execution of the sentence in the supervision system. the electronic and the consequences resulting from its execution for those residing in the convicted person. The probation officer shall determine the family and social-life conditions in which he resides, to the extent necessary for the proper execution of the sentence in the electronic dispenser system. This information shall be transmitted immediately to the court by the judicial curator.

§ 5. The statement of consent, referred to in § 3, may also be received by the court curator during the activities referred to in § 4, and then immediately submitted to the court.

§ 6. The Tribunal may rule on the execution of a penalty in the electronic supervision system despite the lack of consent referred to in § 3, if the execution of the sentence in the electronic supervision system clearly does not involve excessive difficulties for the person who said that consent has not expressed, and is in breach of its privacy, only to a negligible extent.

§ 7. The order referred to in paragraph 6 shall be entitled to a complaint to the person who has not given his or her consent as referred to in paragraph 3.

§ 8. Withdrawal of consent after the issuance of the order to commence electronic surveillance is ineffective.

Art. 43i. [ Information from the dispenser, deferral of execution of the sentence] § 1. The court, which executes the penalty with electronic supervision, requires the dispenser to provide information as to whether the technical conditions permit the execution of that penalty without delay and, if not, from which date it will be possible.

(2) If the information obtained from the supervising agent shows that it is not possible to initiate the execution of the sentence without delay, the court shall give a decision to postpone the execution of that penalty for a limited period. The total deferral period may not be longer than one year.

§ 3. The decision to postpone the execution of the sentence shall be entitled to a complaint.

Art. 43j. [ Repeal of the control of the prohibition or the obligation to use the electronic surveillance system, amendment or repeal of the safeguard measure] § 1. If after the end of the cumulative deferral period referred to in Article 43i § 2, the information obtained from the supervising agent shows that it is still not possible to initiate the execution of a criminal measure without delay, the court shall rule on the repeal of the control of the prohibition or the obligation to use a system of electronic surveillance, and, where necessary, apply the criminal measure referred to in Article instead of or in addition to the case-law of the criminal measure. 39 points 2-2e of the Penal Code. In applying the measure or measures punishable, the court shall have in mind that their disrespect does not exceed a total of the criminal measure that is settled in the judgment.

§ 2. If after the expiry of the cumulative deferral period referred to in Art. 43i § 2 from the information obtained from the supervising agent, it follows that it is still not possible to initiate the execution of the protective measure without delay, the court shall rule on the amendment or repeal of the security measure.

§ 3. The order of the court shall be entitled to a complaint.

Art. 43k. [ Initiation of electronic surveillance] § 1. After obtaining information from the dispenser that it is possible to initiate the execution of the sentence without delay and, in the case of stationary supervision, after obtaining the consent referred to in Article. 43h § 3, the court shall issue an order for the commencement of electronic surveillance, in which:

1) set a time limit and specify the manner of reporting by the convicted readiness to install the technical means,

(2) if, in the case of convicted convictions, stationary custody is given, the place of execution of the supervision shall be determined, the time intervals during the day and on the individual days of the week when the convicted person is obliged to stay in that place,

3) specify what technical measures are to be installed.

§ 2. The term referred to in § 1 point 1 may not be longer than 24 hours from the dismissal of the convicted from the criminal establishment, and if the convicted is present at liberty, not longer than 24 hours from the announcement or service of the convicted order of commencements electronic dispensing. If a mobile or proximity conviction has been given to a convicted person in a plant, the time limit may be set up to 7 days before the completion of the sentence or the conditional early release; in that event, the deadline shall be notified to the operator and the director of the criminal establishment and the provision of paragraph 1 (1) shall not apply.

§ 3. The time periods referred to in paragraph 1 (2) shall not start or end in the hours between 23 ⁰⁰ and 5 ⁰⁰ , unless justified by exceptional circumstances, particularly justified by the circumstances surrounding the professional work of the convicted person.

§ 4. After the announcement or delivery of the order for the commencement of electronic supervision, a written statement of the rights and obligations relating to electronic surveillance must be served on the convicted written instructions, as well as of the consequences of that decision. breaches of these obligations. A copy of the order shall be sent without delay to the judiciary and to the dispenser of the judiciary.

§ 5. An order for electronic surveillance shall be granted only to determine the duration of time limits referred to in paragraph 1 (2).

§ 6. The initiation of electronic surveillance shall take place on the date on which the technical measures necessary for the execution of the sentence in that system have been initiated against the convicted person.

§ 7. If the duration of electronic surveillance is determined, the court shall notify the convicted and the supervising agent of the date of termination after the execution of the supervision of the supervision.

§ 8. The Minister for Justice shall determine, by means of a regulation, the model of written instruction referred to in paragraph 4, having regard to the necessity of an understanding also by persons who do not benefit from the assistance of a defence.

Art. 43l. [ Instructions on the right to request equipment in the mobile or stationary recorder] § 1. If, in the case of a convicted person, a prohibition on approaching a particular person controlled by an electronic surveillance system has been prohibited, the court shall instruct the person concerned to request that the person concerned be equipped with a mobile recorder or stationary recorder and the contents of an article. 43s and art. 43v.

§ 2. If the protected person does not request the application referred to in § 1 within one month of receiving the instruction, or declares that he will not use the registrar, the court shall adjudicate on the change of proximity supervision for mobile supervision. The provisions of Article 4 43i § 1 and art. 43k § 1 shall apply mutatis mutandis.

§ 3. The order for the change of proximity to mobile supervision shall be entitled to a complaint to the parties and to the protected person.

Division 3

Obligations and convictions

Art. 43m. [ Submission of readiness to install technical means] § 1. The convicted person is obliged to report to the supervising agent, within and in the manner prescribed by the court, the readiness to install the technical measures.

§ 2. The operator shall record the declaration referred to in paragraph 1 without delay.

§ 3. The caretaker shall immediately inform the judicial curator and the court of failure of the convicted preparedness referred to in paragraph 1 or of any evasion of the technical measure.

Art. 43n. [ The duties of a convicted person to whom electronic supervision is exercised] § 1. The convicted, subject to electronic supervision, shall have the following obligations:

1) continue to wear a transmitter,

2) take care of the technical means entrusted to it, including in particular protect them from loss, destruction, damage or making it unusable, and provide their constant power to the electricity,

3. make available to the dispenser entrusted with technical means for the control, repair or exchange at any request of that entity, including allowing the employees of that entity to enter the premises in which the convicted is present, or a property constituting its property or being in its order,

4. to give the president of the court or the authorised judge, the judiciary, to the judiciary, to the caretaker and to the operator of the monitoring centre the explanations relating to the course of the execution of the sentence and the performance of the duties imposed, and to make a decision The judge and the probation officer are on the call.

§ 2. The convicted stationary dispensers are also obliged to:

1) remain in the place indicated by the court in the appointed time,

2) receive incoming calls to the landline recorder,

3) enable the judiciary to enter the apartment or to the property where the recorder is installed,

4) give to the persons authorized, at their request, the explanations referred to in § 1 point 4, also using the stationary recorder.

Art. 43o. [ Change of the site of stationary surveillance] § 1. In a special case, justified by special circumstances, the court may change the place of the exercise of the stationary supervision.

§ 2. The provisions on the change of place of stationary supervision shall apply mutatis mutandis. 43i § 1, art. 43k § 1 and 5 and art. 43m.

§ 3. In justified cases, the court may change the time periods within the day and on the individual days of the week referred to in Article 4. 43k § 1 point 2.

§ 4. In duly justified cases where a rapid change is necessary, the time intervals during the day and on the individual days of the week at the request of the convicted person may also be amended by a judicial decision of the professional curator, who shall immediately inform the President of the court or the authorized judge and enter the information into the communication and monitoring system. The court may annul the changes introduced by a judicial professional curator or make his own change.

Art. 43p. [ Permit sentenced to leave the site of stationary supervision for health, family or personal reasons] § 1. In cases of particular importance for convicted, legitimate health, family or personal reasons, a judicial curator may authorise a sentenced person to leave the place of exercise of a stationary supervision for a period not exceeding 7 days, if necessary, in the assisting of the nearest person or a trustworthy person, without delay informing the President of the court or the authorised Judge and entering this information into a communication and monitoring system.

§ 2. The authorisation referred to in paragraph 1 may be withdrawn if, after the granting of the authorisation, information or circumstances justifying the fear that the convicted person in the period of authorisation may infringe the legal order may be granted.

§ 3. If an authorisation has been withdrawn, the convicted shall not be granted a reauthorisation to leave the place of exercise of the stationary dispensers.

Art. 43q. [ The interruption in the execution of the sentence in the electronic dispenser system for health, family or personal reasons] § 1. If they speak for this important health or personal reasons, the court may order a break in the execution of the sentence in the electronic surveillance system.

§ 2. The interruption in the execution of the sentence in the electronic supervision system shall be the period between removal by the dispenser of even one of the technical means necessary for the execution of the supervision and the reestablishment or installation of all applicable technical measures. The provisions of Article 4 43k § 1 and 5 and art. The 43m shall apply mutatis mutandis.

§ 3. The court may cancel the recess in the execution of the sentence in the electronic surveillance system in the event of a cessation of the reasons for which it has been ordered, or in the event that the convicted does not use the interruption in accordance with the purpose for which it was ordered, or blatantly violates legal order.

§ 4. The decision on the recess and the cancellation of the recess shall be entitled to a complaint.

Art. 43r. [ Consent to the reinstallation of the stationary recorder or the removal of the transmitter] § 1. In the event of an impressing delay, due to the threat of life or human health, the judicial professional curator may consent to the removal of the stationary recorder or the removal of the transmitter.

2. The President of the Tribunal or the authorized judge shall, within 7 days of the consent referred to in § 1, manage the redeployment of the recorder or the establishment of the transmitter or request the court to order a break in execution of the sentence.

§ 3. After determining the cause of removal of the device or the transmitter the President of the court or the authorized judge, at the request of a judicial curator, shall administer his reinstallation or establishment. The provisions of Article 4 43k § 1 and 5 and art. The 43m shall apply mutatis mutandis.

Art. 43s. [ Proceeding in case of a deliberate release for destruction, damage, making unfit for use of a transmitter, a stationary recorder or a portable recorder] § 1. In the event of a deliberate admission to destruction, damage, making unfit for use of the transmitter, a stationary recorder or a portable court may impose on the convicted or the person a protected levy on behalf of the dispenser. In cases of enforcement of the levy, the provisions of the Act of 17 June 1966 shall apply. on enforcement proceedings in the administration (Dz. U. of 2014 items 1619, z późn. zm.).

(2) In order to impose a levy, a complaint may be imposed on the application of the levy.

§ 3. The fee may not be determined six months after the day on which the act referred to in paragraph 1 took place.

§ 4. The Minister of Justice shall determine by way of regulation the amount of the levy separately for the sender and the fixed or mobile recorder, with a view to not exceeding the value of the transmitter or recorder and the cost of the duty Reinstall.

Division 4

Activities of electronic janitors

Art. 43t. [ Tasks of the dispenser] § 1. Using the electronic dispenser, the dispenser:

1) immediately after the existence of technical conditions informs the court of the possibility of starting the execution of electronic supervision,

2. presumes the convicted transmitter immediately, but not later than within 3 days from the date of notification by the convicted preparedness referred to in art. 43m,

3. in the event of a stationary decision, the stationary recorder shall be installed within the time limit indicated in point 2,

4. in the case of a close-up decision, shall transmit the portable recorder to a restrained person and instruct the person as to how to use the recorder,

5) supervises the correctness of the operation of the technical measures and immediately removes the deficiencies in their operation,

6) after the completion of the supervision, as well as at the order of the court or judicial curator, removes the transmitter, the stationary recorder and the portable recorder used by the protected person.

§ 2. Executing the electronic surveillance, the operator of the monitoring centre:

(1) in the event of a mobile decision, the place of residence of the convicted shall not be controlled;

2) it controls compliance with the convicted obligations of the use of the supervision,

3. Register each event consisting in the interruption or communication between the technical measures and any unauthorised impact on those measures, and the exhaustion of the internal power supply,

4. immediately notify the judicial professional curator and the President of the court or the authorized judge not to comply with the obligations referred to in point 2, and of each of the events referred to in point 3,

5) execute the orders of the court and the judicial curator related to the course of the caretaker.

Art. 43u. [ Installation of the stationary recorder and legal title to the property or premises] § 1. A person holding a legal title to a property or premises where a stationary recorder is to be installed or has been installed shall be obliged to allow the dispenser to:

1) the installation of the recorder under conditions ensuring its proper functioning,

2) carrying out checking operations to verify the correctness of the registrar's operation.

§ 2. Where necessary, the surveillance operator may require assistance from the Police to assist in carrying out the operations carried out under the provisions of this branch, in particular at the entrance to the place where the recorder is installed or where Convicted.

§ 3. The costs of the actions carried out by the Police Tribunal shall be charged to the sentenced person if the failure of his/her duties in relation to electronic supervision resulted in the need for a request for assistance referred to in § 2. The convicted person should be advised of the possibility of the costs of the costs.

§ 4. The order in respect of the charge to be charged shall be entitled to a complaint.

Art. 43v. [ Control of technical measures] § 1. In order to verify the correct operation and use of the recorder or transmitter, the operator may, at any time, check these technical measures. The surveillance operator shall check if the recorder or the transmitter is not affected by any unauthorised interaction.

§ 2. The person concerned may be convicted, a person protected by a restraining order, a person living together with a convicted person and a person in possession of a legal title to a property or premises referred to in art. 43u § 1.

§ 3. Prior to the inspection, the keeper of the keeper shall be shown to the persons concerned by the check, a document identifying him as a person entitled to carry out an inspection, issued by the supervising agent.

§ 4. Control shall be carried out in accordance with its objective, with respect to moderation and respect for human dignity, and without undue discomfort.

§ 5. Technical inspection should be carried out at 6 p.m. ⁰⁰ , and before 22 ⁰⁰ , unless there is a case of impatient urgency.

§ 6. The persons concerned shall be entitled to a complaint to the court on the manner in which it is to be carried out.

Art. 43w. [ Removal, replacement, installation or establishment of a recorder or transmitter] § 1. The dispenser may, without the consent of the President of the court or the authorised Judge, remove, replace, install or establish a recorder or transmitter if:

1) the recorder or the transmitter has been damaged, destroyed, consumed or for other reasons it does not work properly,

2) it is necessary in view of the threat of life or of the convicted health,

3) The Minister of Justice has made the choice of another entity as a caretaker.

§ 2. The removal, replacement, installation or establishment of the recorder or transmitter shall be notified without delay to the President of the court or to the authorised Judge, indicating the action taken and the reason for it.

Art. 43x. [ Storing and archiving of personal data] § 1. The supervising agent shall store and archive personal data in the form of the name, surname and PESEL number of the convicted and the information recorded in connection with the execution of electronic supervision. If the convicted person does not hold Polish citizenship and the PESEL number assigned, the number shall be stored and archived by the number of the passport or other identity document identifying the convicted person.

§ 2. The personal data and information referred to in § 1 shall be kept, in such a way as to ensure their safety, for a period of 2 years from the date of their acquisition.

§ 3. The data stored by the surveillance operator may be disclosed to the Police and processed by it for the sole purpose of preventing or detecting criminal offences or offences.

§ 4. The Minister of Justice shall determine, by means of a regulation, the manner of archiving and the manner and mode of deletion of personal data and information recorded in connection with the performance of electronic surveillance, having regard to the need to ensure that security of such data and information from unauthorised access.

Art. 43y. [ Notice of the dispenser to remedy the deficiencies within the prescribed period] § 1. In the event of significant deficiencies in the execution of electronic supervision by the supervising agent, the President of the competent court or the authorized Judge shall invite the dispenser to remedy the deficiencies within the prescribed period, but not more than three months.

§ 2. In the event of failure to remedy the deficiencies within the prescribed period, the President of the competent court shall inform the Minister of Justice thereof.

§ 3. The Minister for Justice shall determine, by regulation, the manner and mode of supervision of electronic supervision, including the manner in which such supervision is documented, with a view to ensuring that the execution of the supervision is correct. Electronic and the need for effective elimination of identified deficiencies.

Art. 43z. [ Interruption in the execution of penalties in the electronic dispenser system] § 1. If the contract with the supervising agent has been cancelled, terminated, the period for which it has been concluded has expired or for other reasons it has ceased to bind the party, and it is not possible to entrenate the task without delay to another dispensing agent, the execution of penalties in the electronic surveillance system shall be interrupted. Article Recipe 43q § 2 shall apply mutatis mutandis.

The Tribunal shall inform the sentenced person of the date on which the break is commenced. The provisions of Article 4 43i, art. 43k and art. The 43m shall apply mutatis mutandis.

Division 5

Completion of electronic surveillance

Art. 43za. [ Recognition of the penalty in the electronic surveillance system for the executed] § 1. The penalty in the electronic surveillance system shall be deemed to have been carried out on the date of completion of the exercise of this supervision, unless a change in the manner of execution of the sentence has been ruled out.

§ 2. If the penalty in the electronic supervision system has been subject to a total penalty, the court, which has ruled the total penalty, shall immediately inform the court competent in matters of execution of electronic supervision. The court having jurisdiction in matters of electronic supervision shall then issue the order referred to in Article 4. 43t § 1 point 6, unless it is not expedient on account of the type and dimension of the case-law penalty.

Art. 43zb. [ Grounds of the decision to change the method of execution of the sentence § 1. The court shall decide on a change in the manner of execution of the sentence if:

1) after the expiry of the period for which the execution of the sentence in the electronic surveillance system has been postponed, execution of the penalty in this system is still not possible,

2) within 3 months of the final judgment of the conviction, the consent referred to in art was not obtained. 43h § 3, unless the court has ruled on the execution of the sentence in the electronic dispenser system despite the absence of this consent,

3) convicted at the time of execution of the sentence in the electronic surveillance system or a break in its performance has been embedded in the detention facility in connection with the application of the temporary arrest or execution of the sentence in another case.

§ 2. In the case referred to in Paragraph 1 (2), if, within three months of the judgment of the conviction, the court of first instance has been entitled to rule, the order referred to in Article 1 (2) shall be adopted. 43h § 6, this time limit shall be extended until such time as the provisions of that provision have been legible.

Art. 43zc. [ Change of the way penalty is performed] If a change in the way the penalty is carried out takes place on the grounds specified in 43zb § 1, this amendment consists in the decision of the obligation laid down in the Article. 34 § 1a items 1 or 3 of the Penal Code or the deduction referred to in Article 1 34 § 1a item 4 of the Penal Code or the fine.

Art. 43zd. [ Enforcement of the replacement of the custodial sentence] § 1. If convicted:

1) shall be repealed from the establishment of the transmitter or the installation of the recorder,

2) against whom the stationary supervision is executed, violated the legal order, in particular committed a criminal offence or a treasury offence,

3) shall be repealed from the performance of electronic surveillance obligations,

4) which was allowed to leave the place of enforcement of the stationary supervision, during the period covered by the permit, the abuse of trust, in particular, did not return to the place of execution of electronic supervision in the appointed time

-the court may order the execution of a replacement custodial sentence under the conditions laid down in the Article. 65.

§ 2. The Tribunal may waive the order of execution of a replacement custodial sentence for the reasons set out in:

1) § 1 point 1-if the installation of technical measures occurred at a later date than indicated in the order for the initiation of electronic supervision,

2) § 1 point 4-if the convicted did not return to the place of execution of electronic supervision for reasons beyond the control of which he could not have foreseen.

Art. 43ze [ Hearing of the convicted prior to the decision to change the manner of execution of the sentence] § 1. Before the decision to change the manner of execution of the sentence, the court shall, if it deems it necessary, hear the convicted, his or her defender, the judicial officer or the convicted representative referred to in Article 4. 42.

§ 2. In order to change the manner in which the sentence is to be executed, the convicted person, his lawyer, the prosecutor and the judiciary, shall be entitled to a complaint.

Art. 43zf. [ Ruling on change in the way of execution of the sentence] § 1. Ruling on a change in the way the sentence is executed, the court:

1) determine the amount of the penalty remaining to be executed,

2. specifies a new way of execution of the sentence in this dimension, assuming that:

(a) the month of implementation of the limitation of freedom in the electronic surveillance system shall be equal to the month of implementation of the obligation laid down in Article 34 § 1a item 1 of the Penal Code or the month of deduction referred to in Article 1 34 § 1a item 4 of the Penal Code,

(b) the day of enforcement of the restriction of liberty in the electronic surveillance system shall be equal to one daily amount of the fine and the month in which that penalty is executed-30 daily amounts of the fine,

(c) the type of obligation referred to in Article 34 § 1a item 3 of the Penal Code, corresponds with its own judgment in the judgment of the penalty, and for the achievement of the purposes of the penalty, it is not necessary to rule out the obligation laid down in the Art. 34 § 1a item 1 of the Penal Code or the deduction referred to in Article 1 34 § 1a item 4 of the Penal Code.

§ 2. In the event of a change in the manner in which the restriction of liberty is executed by a decision of two or more ways specified in 43zc, they may not, after determining in accordance with the rules referred to in paragraph 1 (2), together exceed the penalty of the remainder of the sentence.

PART SPECIAL

Chapter VIII

Fine

Article 44. [ Payment of a fine] § 1. Sentenced to fine, the court calls for her to be paid within 30 days.

§ 2. In the event of an unsuccessfully expiry of the prescribed period, the fine shall be brought to the end by execution.

Article 45. [ Socially Useful work] § 1. If the execution of a fine not exceeding one hundred and twenty daily rates proves to be ineffective or the circumstances of the case show that it would be ineffective, the court may turn the fine into a socially useful work, accepting that ten rates the daily is equivalent to a month of socially useful work, with rounding up, up, up to the full month. The work of socially useful work is defined in the months and sets the working hours of between 20 and 40 hours in a monthly relationship, guided by the indications given in art. 53 Penal Code.

§ 2. In order to carry out the work referred to in § 1, the provisions of Article 1 shall apply mutatis mutandis. 53-58 and art. 60.

§ 3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the fine specified by the amount of the fine, except that the upper limit of the fine subject to conversion may not exceed 240 000 zlotys, and the month of socially useful work is equivalent to a fine of up to 20 000 PLN.

§ 4. The decision on the replacement of a fine for socially useful work is entitled to a complaint.

Article 46. [ Substitute imprisonment] § 1. If the execution of a fine has proved to be ineffective or the circumstances of the case show that it would be ineffective, the court shall administer the execution of a replacement custodial sentence when:

1) the convicted person declares that he does not consent to the taking up of socially useful work as a result of art. 45 or is abrogate from its implementation, or

2) a change of fine for socially useful work is impossible or unfathomable.

§ 2. By managing the execution of a replacement custodial sentence, it is understood that one day of imprisonment is equivalent to two daily rates of a fine; a replacement penalty may not exceed 12 months of imprisonment, as well as the upper the border of a custodial sentence for the offence, and if the law does not provide for the offence of a custodial sentence, the upper limit of the replacement custodial sentence shall not exceed 6 months.

§ 3. The provisions of § 1 and 2 shall apply mutatis mutandis to the fine specified by the amount of the fine, except that one day of imprisonment is equivalent to a fine in the amount of between 20 and 4000 zlotys.

§ 4. In the case where a fine has been paid or downloaded by way of execution only in part or only in part has been executed in the form of socially useful work, the court, managing the execution of a replacement sentence of imprisonment, determines its dimension by the rules laid down in § 2 or 3.

§ 5. The order for the provision of a replacement custodial sentence shall be entitled to a complaint.

Article 47. [ Reduction of surrotable penalty] § 1. If the fine has been paid in part, the President of the court or the authorized judge shall manage the reduction of the replacement penalty in a manner corresponding to the ratio of the amount paid to the amount of the fine.

§ 2. From the replacement penalty of deprivation of liberty or the exercise of the work referred to in art. 45 § 1, the convicted may at any time be released by submitting an amount of money which is still to be paid by way of a fine.

§ 3. (repealed).

§ 4. (repealed).

Article 48. [ Eligible for participation in a meeting on the ordinance of the implementation of a replacement custodial sentence] In the meeting on the order of enforcement of the replacement sentence, the prosecutor, the convicted and his defender shall be entitled to take part, and when the sentenced person remains under the supervision-also a judicial curator, a trustworer or a person of confidence, or a representative of the association, institution or social organisation referred to in Article 73 § 1 of the Penal Code.

Art. 48a. [ Cessation of replacement of custodial sentence] § 1. The Tribunal may at any time halt the execution of a substitutional custodial sentence in the case referred to in Article 4. 46 § 1 point 1, if the convicted declares in writing that he will undertake a socially useful work and will give himself to the rigorously connected to it. The interruption shall take place until a socially useful work is carried out or the amount of the monetary amount payable is still to be paid by way of a fine.

§ 2. If the convicted is waived from the execution of a socially useful work, the court shall administer the execution of a replacement sentence of imprisonment.

§ 3. In the cases referred to in paragraphs 1 and 2, the court shall determine the amount of the remaining work of a socially useful or substitutable custodial sentence, guided by the rules laid down in the Article. 45 § 1 and 3 and art. 46 § 2-4.

§ 4. The meeting referred to in § 2 shall have the right to take part in the prosecutor's office, the forennial professional curator, convicted and his defender.

§ 5. The decision on the suspension and order of the replacement of the custodial sentence and the determination of the residual dimension to the work of a socially useful or substitutable custodial sentence shall be entitled to a complaint.

§ 6. It is not acceptable to rehold the same substitute sentence on the basis of paragraph 1 of this Article.

Article 49. [ Arrangement of the fine on the instalment] § 1. If the immediate execution of the fine would entail for the convicted or his family too heavy the effects of the court may spread the fine into instalments for a time not exceeding 1 year, counting from the date of the first provision in this respect.

§ 2. In cases of special consideration, and in particular where the amount of the fine is significant, it may be possible to spread the fine into instalments for up to 3 years.

§ 3. The decision on the application of the fine to the instalment of the instalment shall be entitled to a complaint.

Article 50. [ Appeal of the fine on instalments] § 1. The court shall cancel the payment of the fine to the instalment if new or previously unknown circumstances, which are relevant for the purpose of the decision, have been revealed; § 24 § 2 does not apply.

§ 2. The application of the fine on the instalment may also be cancelled if the sentenced person has failed to pay a single instalment, unless he/she can prove that this has occurred for reasons beyond the control of the court.

§ 3. The decision on the appeal of the application of the fine on the instalment of the instalment shall be entitled to a complaint.

Article 51. [ Cancellation of a fine] § 1. If the convicted, for reasons beyond his control, has failed to pay a fine and the execution of that penalty in another way has proved impossible or unreasonable, the court may, in particularly justified cases, be able to redeem the fine in part and, exceptionally, also in its entirety; the enforcement shall not be managed if it is clear from the circumstances of the case that it would be ineffective.

(2) The decision on the fine is to be entitled to a complaint.

Article 52. [ Granting conditional early release from the rest of the custodial sentence] By giving the convicted conditional early release from serving the rest of the prison sentence, the penitentiary may, if there are grounds for admission that the convicted payment of a fine voluntarily, withhold the previously ordered execution the alternative imprisonment, while at the same time applying Article 49; at that time, the duration of the payment of the fine into instalments shall run from the date of issue of the provisions on conditional early release.

Art. 52a. [ The delegation to execute penalties of a monetary nature referred to in Chapter 66b of the k.p.k.] The provisions of this Chapter shall apply mutatis mutandis to the execution of penalties of a monetary nature, as referred to in Chapter 66b of the Code of Criminal Procedure.

Chapter IX

Penalty of restriction of liberty

Article 53. [ Enforcement of the restriction of liberty] § 1. The execution of the sentence restriction of liberty is intended to arouse in the doomed will to shape its socially desirable attires, in particular the sense of responsibility and the need to respect the legal order.

§ 2. The convicted must conscientiously perform the duties on it, and in the workplace or stay to observe the established rules of conduct, order and discipline.

§ 3. (repealed).

Article 54. [ Place of execution of the sentence] The penalty of restriction of liberty shall be exercised in the place of permanent residence or employment of the convicted or within a short distance from that place, unless valid reasons speak for the execution of the sentence elsewhere.

Article 55. [ Supervision over the exercise of the restriction of liberty] § 1. The supervision of the exercise of the penalty of restriction of liberty and the ruling on the execution of that sentence shall be the case of the district court in which the penalty is or is to be executed.

§ 2. The activities relating to the organisation and control of the execution of the sentence of restriction of liberty and of the obligations imposed on the convicted person shall be carried out by a court professional curator. The regulations on the dosage and the probation officer shall be applied accordingly.

Article 56. [ The execution of unpaid, controlled work for social purposes] § 1. In order to carry out unpaid, controlled work for social purposes, the court shall send a copy of the decision to the competent judicial officer.

§ 2. The competent mayor, mayor or president of the city, hereinafter referred to as the "competent authority of the municipality", shall designate the places where the unpaid, controlled work on social objectives may be performed; the entities for whom the authority of the municipality, the district or the province is the founding body, as well as the state or local government units and commercial law companies with the exclusive participation of the State Treasury or the municipality, county or voivodship, have an obligation to enable convicted execution of unpaid, controlled work for social purposes.

§ 3. The work referred to in § 2 may also be carried out in favour of institutions or organisations representing the local community and in educational and educational establishments, youth educational centres, youth sociotherapy centres, medicinal entities within the meaning of the provisions on medicinal activities, organizational units of social assistance, foundations, associations and other institutions or public utility organizations carrying charitable assistance, for their Consent.

§ 4. The work referred to in paragraph 2 may also be carried out in favour of entities other than those referred to in paragraphs 2 and 3, to which the tasks of the municipality referred to in Article 2 are entrusted in any way. 7 ust. 1 points 1-3, 4-6 or 7-15 of the Act of 8 March 1990. of the municipal government (Dz. U. of 2013 r. items 594, with late. zm.).

Article 56a. [ Insurance of the consequences of unfortunate convictions carrying out unpaid controlled work] § 1. The expenses related to the insurance of the consequences of unfortunate accidents, performing free, controlled work on social objectives and socially useful work, shall be borne by the State Treasury.

§ 2. The Minister of Justice shall determine, by means of a regulation, the procedure to be followed for the conclusion by rightists of an insurance contract for the aftermath of unfortunate convictions of unpaid, controlled work for social purposes and socially useful work, as well as the minimum and maximum amount of insurance to which such an agreement may be concluded, the entities entitled to conclude insurance contracts and the time limit for concluding contracts, bearing in mind the need to guarantee a convicted, unpaid, controlled work for social or employment purposes socially useful, adequate compensation in the event of the work being carried out in the event of the work of the accident and the efficient execution of the activities related to the conclusion of the insurance contract.

Article 57. [ The rights and obligations of the convicted and the consequences arising from the evasion of the sentence] § 1. The court curator shall, within 7 days of service of the decision, invite the convicted and instruct him of the rights and obligations and the consequences resulting from the evasion of the sentence, and shall determine, after hearing the convicted, the type, place and place of the sentenced person. the date when the work commenced, as soon as it informs the competent authority of the municipality and the entity for which the work will be carried out.

§ 2. If the convicted does not appear to be summons or lectured on the rights, obligations and consequences of the exercise of the unpaid, controlled work for social purposes, he shall declare to the court of the court that he/she does not consent to the undertaking. work, the curator directs to the court an application for the decision of the replacement penalty.

§ 3. Article 2 (2) shall apply mutatis mutandis in cases where the sentenced person does not take up his or her work within the prescribed period or is otherwise abrogated from the penalty of restriction of liberty or of the performance of his duties.

§ 4. The change of the type, place or date of commencation of work may take place on the basis of a decision of the court curator in particularly justified cases; the provision of § 1 shall apply accordingly.

§ 5. The provisions of paragraphs 1 to 4 shall apply, mutatis mutandis, to the obligation referred to in Article 4. 34 § 1a item 3 of the Penal Code.

Article 57a. [ Start of penalty] § 1. Start of the sentence in the form laid down in Article 34 § 1a item 1 of the Penal Code shall be followed on the day on which the convicted proceeded to perform the indicated work.

§ 2. Commencment of the sentence in the form specified in Art. 34 § 1a item 4 of the Penal Code follows on the first day of the period in which the offsetting shall be deducted from the remuneration for the work.

§ 3. Free of charge, controlled work for social purposes may also take place on public holidays and holidays in the relevant entity to which it is carried out.

§ 4. Start of the sentence made on the basis of art. 34 § 1a point 3 of the Penal Code shall be followed on the day of the judgment.

Article 58. [ Appointment of the workplace, type of work and persons responsible for organizing and controlling the course of work] § 1. The competent authority of the municipality shall inform the judicial curator of the work, the type of work and the persons responsible for the organisation of the work and control the course of work of the sentenced persons.

§ 2. The persons referred to in § 1 shall be obliged to immediately inform the judicial curator of the relevant circumstances concerning the course of the work and the conduct of the convicted, and in particular the date of commencation and termination of the work, the number of hours worked by the convicted, the type of work he is carrying out, failure to report on the job, failure to take up the job, an obstacle to work, leaving the job without justification, in any case unconscientable work and persistent failure to comply the established order and the discipline of work.

§ 3. The Minister of Justice, in agreement with the Minister responsible for public administration and the Minister responsible for labour, shall determine by way of regulation a mode of designation by the competent authority of the municipalities of the entities referred to in Article 4. 56 § 2, where the punishment of the restriction of liberty and the socially useful work, the activities of those entities, as well as the entities referred to in art, is executed. 56 (3), in respect of the execution of that penalty and of work, including the organisation of jobs and the allocation of jobs and the control of convictions, and the permissible daily amount of working time, having regard to the need to ensure conditions for the efficient execution of the sentence restriction of freedom and socially useful work.

Article 59. [ Deduction] § 1. If, in relation to a convicted person, instead of the obligation to carry out the work at issue, a deduction of a certain part of the remuneration for the work has been ordered, the court shall send a copy of the decision to the employment establishment of the sentenced person, giving, at the same time, they are to be made deductions and where they should be paid, and so to indicate which elements of remuneration for their work and how they should be made.

§ 2. By the payment of the sentenced remuneration, the part of the remuneration determined in the decision shall be deducted without delay and the amount deducted shall be transmitted without delay, in accordance with the indications received, and shall be notified to the court by the court. The costs associated with the transfer of those amounts shall be deducted from the deductions made.

Article 60. [ Clarifications concerning the course of the penalty] The court, as well as the court's professional curator, may at any time require convicted explanations concerning the course of serving a restriction of liberty and for this purpose to call for a convicted person to make a personal residency.

Article 61. [ Change of responsibilities] § 1. If the parental considerations are in favour of this, the court may, during the period of execution of the sentence of restriction of liberty, lay down, extend or modify the obligations referred to in Article 4. 34 § 1a item 3 of the Penal Code, or the performance of those duties, unless only one obligation has been ruled out.

§ 2. For the same reasons, the court may reduce the number of hours of work performed on a monthly basis or the amount of the monthly deductions from the pay for the work, but no more than to the limit of the statutory minimum laid down in the Article. 34 § 1a, point 4 and art. 35 § 1 of the Penal Code.

§ 3. Orders issued under § 1 shall be subject to a complaint.

Article 62. [ Deferral of enforcement of the restriction of liberty] § 1. The court may postpone the execution of the restriction of liberty for a period of up to six months if the immediate execution of the sentence would entail for the convicted or his family too much of an impact.

§ 2. The Tribunal shall postpone the execution of a penalty of restriction of liberty in the event of the appointment of a convicted to active military service until the completion of that service. In the case of such a convicted court, the provisions of Article 4 of the 336 § 3 and 4 of the Penal Code.

§ 3. The court may cancel the deferral of the exercise of the restriction of liberty in the event of a cessation of the reasons for which it was granted, or in the event of a convicted does not benefit from the deferment of the sentence in accordance with the purpose for which it was given, or blatantly violates the order legal.

§ 4. The decision on the recess and the cancellation of the interruption in the exercise of the restriction of liberty shall be entitled to a complaint.

Article 63. [ Pause in Punishment] § 1. If the state of the convicted health prevents the enforcement of the restriction of liberty, the court shall give a break in the execution of the sentence until the obstacle is established.

§ 2. The Tribunal may grant a break in the holding of a restriction of liberty by one year for the reasons referred to in Article 4. 62 § 1.

§ 3. The provisions of Article 4 62 (2) and (3) shall apply mutatis mutandis.

§ 4. The decision on the recess and the cancellation of the interruption in the exercise of the restriction of liberty shall be entitled to a complaint.

Article 63a. [ Amendment of the forms of duty] § 1. In particularly justified cases, the court may change the form of the duty to perform the work by taking 20 hours of social work for the equivalent of 10% of the pay for the work; the ruling work shall not exceed 40 hours in a monthly ratio.

§ 2. In order to change the form of the obligation to work referred to in § 1, the complaint shall be entitled to a complaint.

Article 63b. [ Determination of the settlement of unpaid hours, controlled labour for social purposes in other periods than monthly] § 1. For important reasons, in particular, justified by the paid or the state of health, the court, at the request of the convicted, may determine the settlement of the hours of unpaid, controlled work for social purposes during other periods than monthly, without exceeding the period of the sentence or the case-law of the total number of hours of work performed during that period.

§ 2. The Tribunal should recognize the application within 14 days from the day of its submission.

§ 3. An order issued pursuant to § 1 shall be entitled to a complaint.

Article 64. [ Failure to comply with the deadline] § 1. In the event of a failure to perform the full working dimension or not to make all the deductions from the remuneration for the work or the failure to comply with other obligations, the court shall rule on whether and to what extent the penalty shall be deemed to have been carried out on the grounds of the objectives of the penalty.

§ 2. If the Act provides for the advance payment of a restriction of liberty to another sentence, the court shall rule on the period of penalty of restriction of liberty, taking into account the extent of the performance of the duties and deductions and the time taken, which has elapsed since the beginning of the sentence of restriction of liberty in a particular form.

Article 64a. [ The complaint to the order issued on the basis of art. 83 Penal Code] The decision on the exemption from the rest of the sentence of restriction of liberty, issued on the basis of Article 4 (1) of the Treaty 83 of the Penal Code, and to the order in respect of the period of time for which a penalty has been carried out to limit the amount of the freedom to be taken against another penalty, shall be entitled to a complaint.

Article 65. [ Substitute imprisonment] § 1. If the convicted person is abrogated from the penalty of restriction of liberty, the court shall manage and, if he or she is waived on the basis of the cash benefits or obligations imposed on the basis of the Article. 34 § 3 of the Criminal Code, the court may order the execution of a replacement sentence of imprisonment. In the event the convicted executed part of the sentence of restriction of liberty, the court manages the execution of a replacement custodial sentence in a dimension corresponding to the penalty of restriction of the freedom remaining to be executed, accepting that one day of replacement punishment the custodial sentence shall be equivalent to two days of the restriction of liberty.

§ 2. If the Act does not provide for the offence of imprisonment, the upper limit of the replacement custodial sentence shall not exceed 6 months.

§ 3. The meeting shall have the right to take part in the prosecutor's office, the judicial curator, the convicted man and his defense counsel.

§ 4. The decision on the replacement penalty shall be entitled to a complaint.

Art. 65a. [ Cessation of replacement of custodial sentence] § 1. The Tribunal may at any time halt the execution of a replacement custodial sentence in a case where the convicted declares in writing that he will take the penalty of a restriction of liberty and surrender to the rigors associated with it; the hold shall be held until the execution of the sentence the case of a restriction on freedom.

§ 2. If convicted of the sentence of restriction of liberty, the court shall administer the execution of a replacement custodial sentence.

§ 3. In the cases referred to in paragraphs 1 and 2, the court shall determine the amount of the remainder to be punishable by a restriction of liberty or a replacement custodial sentence, guided by the rules laid down in the Article. 65 § 1 and 2.

§ 4. The meeting referred to in § 2 shall have the right to take part in the prosecutor's office, the forennial professional curator, convicted and his defender.

§ 5. The decision on the suspension and order of enforcement of the replacement penalty and the determination of the term of the remainder of the sentence shall be entitled to a complaint.

§ 6. It is not acceptable to rehold the same substitute sentence on the basis of paragraph 1 of this Article.

Article 66. [ Adjudication on the change in the form of the penalty § 1. The decision on the change in the form of the penalty for the restriction of liberty and the enforcement of the replacement penalty and the exemption from the rest of the sentence may also be made at the request of a judicial officer of the professional curator.

§ 2. The request of the convicted or his defender for an exemption from the rest of the sentence of restriction of liberty lodged before the end of the 3 months after the previous order has been issued on the subject shall not be recognized until the end of that period.

§ 3. In the event of an exemption from the rest of the sentence, the court of justice shall inform the establishment, establishment, institution or organisation in which the convicted person has been punished.

Art. 66a. [ Exemptions for the exercise of the restriction of the freedom to stay at the place of permanent residence or at another designated place of residence] The provisions of this Chapter, with the exception of Article 4, shall not apply to the execution of a penalty of restriction on the freedom to remain in the place of habitual residence or at another designated place using an electronic surveillance system. 53, art. 62 and Art. 64a.

Chapter X

Imprisonment

Division 1

Objectives of the penalty

Article 67. [ Enforcement of a custodial sentence] § 1. The execution of a custodial sentence is aimed at inducing in a condemned will to cooperate in shaping its socially desirable attiment, in particular the sense of responsibility and the need to respect the legal order and the same refrain from returning to crime.

§ 2. In order to achieve the objective set out in § 1, an individualised impact on convicted regimes under the law enforcement systems, in various types and types of penal establishments shall be conducted.

§ 3. The impact on convictions, with due regard for their rights and the need to carry out their duties, shall be taken into account in particular of work, in particular in favour of the acquisition of relevant professional qualifications, teaching, cultural and educational activities. and sports, maintaining contacts with the family and the outside world and therapeutic measures.

Division 2

Penal establishments

Article 68. [ Penal bets] Penal plants shall be subject to the Minister of Justice.

Article 69. [ Types of carcase establishments] The custodial sentence shall be executed, subject to Article 4. 87 (4), in the following types of penal establishments:

1) penal facilities for juveniles,

2) punitive detention facilities for the first time,

3) penal plants for penitentiary recidivism,

4) punitive facilities for the serving of military detention.

Article 70. [ Organisation of penal establishments] § 1. Penal establishments listed in Article 69 may be organised as:

1. closed-box carcase plants,

(2) semi-open penal establishments,

3. Open-type penal bets.

§ 2. The penal establishments referred to in paragraph 1 shall, in particular, differ in the degree of security, the isolation of the convicted and the resulting duties and privileges in terms of movement at the establishment and outside of its handling.

Article 71. [ Delegation] The Minister of Justice may, by regulation, create, in accordance with the objectives set out in this Code, the pursuit of a custodial sentence and with established rules for the classification of convictions, penal establishments other than those referred to in Article 1. 69 or set other than those referred to in Article 69. 81 the system of execution of the sentence, taking into account, in particular, the need to check new measures and impact methods on convicted persons.

Article 72. [ Creating penal establishments] § 1. The criminal establishment shall be headed by the Director, and the isolated branch may be headed by the Director of the Director.

§ 2. The officers and employees of the criminal undertaking in which the sentenced person is present, as well as the persons who direct his or her work or other activities, shall be, as far as the duties of their duties are carried out, to the convicted superiors.

§ 3. Penal bets may be created as self-contained bets or as isolated branches of penal facilities and forensic arrests. A number of establishments may have a common administration or a shared service.

§ 4. The Minister of Justice shall, by order of order, create and abolition of the criminal undertakings with a view to existing needs in this respect.

§ 4a. The Director General of the Prison Service, by order of order, shall determine the purpose of the detention facilities, taking into account, in particular, the need to ensure and reasonable use of accommodation facilities for all convicted groups.

§ 5. The Minister of Justice, in agreement with the Minister of National Defence, shall, by order of order, create and abolitize criminal undertakings for the detention of military custody, with a view to existing needs in this regard and the need to ensure that the conditions for military training of the persons in them.

Article 73. [ The internal order of the criminal establishment] § 1. In the detention facility, discipline and order are maintained to ensure the safety and execution of the tasks of imprisonment, including the protection of the society against crime.

§ 2. The Director shall determine the internal order of the criminal establishment.

Article 73a. [ Monitoring of the criminal establishment] § 1. Penal bets can be monitored by an internal system of image recording equipment or sound, including by the industrial television system.

§ 2. Monitoring, providing for the possibility of observing the conduct of the convicted, may be used in particular for residential purposes together with the part intended for sanitary-hygienic purposes, in the bathhouses, in the premises designated for the visions, in places of employment embedded, in communication routes, on walking facilities, as well as for observation of the area of the penal plant outside buildings, including the line of external fence.

§ 3. A monitored image or sound can be persisted with appropriate devices.

§ 4. The sound monitoring and fixation shall not include information covered by the secret of confession or a legally protected secret.

§ 5. The image from the cameras of the industrial television system, installed in a part of a residential cell intended for sanitary and hygiene purposes and in the bath, shall be transmitted to the monitors or devices referred to in § 3, in a manner that prevents the revealment of intimate parts of the doomed body and the intimate physiological activities performed by him.

§ 6. A fixed image or sound that does not contain information indicating the commission of a criminal offence or is not relevant to the security of the criminal or the safety of the convicted shall be destroyed without delay.

§ 7. If the fixed image or sound is relevant to the security of the criminal or convicted security, the director of the criminal establishment shall decide on the time of its storage and use.

§ 8. The use of monitoring at specified locations and premises shall be decided by the director of the criminal undertaking, with the aim of ensuring the order and safety of the detention facility.

§ 9. The monitoring of the conduct of the convicted person, as well as of the places and premises of the criminal establishment referred to in paragraph 2, shall be carried out by the officers of the Prison Service and of the staff of that establishment.

§ 10. The Minister of Justice shall determine, by means of a regulation, the types of equipment and technical means for the transmission, reproduction and fixation of the image or sound of the monitoring and of the manner in which the records are stored, restored and destroyed, and being made available to authorised entities, having regard to the need to properly secure a fixed image or sound before losing, distorting or unauthorised disclosure.

Article 74. [ Amendment of the penal establishment] § 1. The change in the judgment of the type and type of the criminal undertaking, and the case law of the therapeutic system for the execution of the sentence, may only be made by a penitentiary court, provided that, in the case of escape from a criminal case of a semi-open type, or open or non-declaration to such an establishment after it has been abandoned on the basis of an appropriate authorisation, the decision to refer a convicted to a given type and type of penal plant shall be taken by a penitentiary committee.

§ 1a. The order referred to in paragraph 1 shall be entitled to a complaint.

§ 2. If, following the issuance of the order by the penitentiary, new circumstances justifying the alteration of the type and type of the criminal or therapeutic system, the decision on the subject may be decided by the penitentiary committee.

§ 3. The decisions of the penitentiary committee referred to in paragraphs 1 and 2 shall be entitled to an action.

Article 75. [ Commission of the penitentiary] § 1. Penitentiary commissions are active in the penal facilities.

§ 2. The director of the penal plant shall be composed of the officers and staff of the establishment of the penal undertaking. The Director may also invite other trustworthy persons, in particular representatives of associations, foundations, organisations and institutions referred to in Article, to participate in the work of the committee with an advisory capacity. 38 § 1, and churches and other religious associations.

§ 3. Depending on the needs of the criminal establishment, the Director may order the participation of individual members of the penitentiary in its meeting with the use of technical devices enabling this activity to be carried out at a distance from the simultaneous direct image and sound transmission.

Article 76. [ The scope of the action of the penitentiary commission] § 1. The scope of the action of the penitentiary committee shall be:

1) the direction of the convicted to the appropriate criminal establishment, if he did not specify that court in the sentence,

2) the direction of the convicted to a particular system of serving the sentence, if he did not specify that court in the sentence,

3) the establishment of individual programmes of impacts on the convicted and the evaluation of their execution,

4) making evaluations of periodic progress convicted in the rehabilitation,

5) qualification of sentenced to teaching in schools and courses and taking decisions on deprivation of the possibility of teaching in the area not covered by the compulsory teaching,

6) the qualification of convicts referred to in art. 84 (2) to penal establishments for juveniles and convictions referred to in Article 4 (2). 96 § 3, to be punishable at therapeutic branches,

7) [ 1] qualification of the convicted-as posing a serious social risk or a serious threat to the security of the plant and making, at least once every 3 months, the verification of that decision,

8) verification of individual impact programs or individual therapeutic programs, as well as directing and withdrawing convicted from therapeutic branches,

9) express an opinion on the granting of the convicted permit referred to in art. 91 point 7 or art. 92 point 9, and the award referred to in art. 138 § 1 points 7 or 8, where they are awarded:

(a) for the first time,

(b) after a break lasting more than 6 months,

(c) after significant changes have been made in the legal or family situation of the convicted person,

10) express an opinion on:

(a) the award of the award referred to in Article 138 § 1 points 7 or 8, convicted to be punishable in a closed-type detention facility,

(b) the draft internal order of the criminal undertaking and the amendment of that order

(c) other delegated to it by the Director,

11) to make decisions on the use of the convicted of the powers specified in art. 107 and dismissal from work, on the basis of art. 121 § 7,

12) the performance of other tasks provided for in the Act and in the regulations issued on its basis.

§ 2. If the decision of the committee of the penitentiary on the subject of the classification is contrary to the law, its amendment or repeal of the decision of the penitentiary tribunal; art. 7 § 5 shall apply mutatis mutandis.

§ 3. In the case referred to in paragraph 2, the decision of the penitentiary committee may also waive the district director of the Prison Service or the Director General of the Prison Service.

§ 4. The decisions referred to in paragraph 1, points 1, 2, 6 and 7 shall be entitled to a complaint.

Article 77. [ Collegiate bodies] § 1. In the criminal undertaking, the Director may also appoint other collegiate bodies, which may also include persons outside the establishment.

§ 2. Collegiate bodies may undertake tasks related to the impact on convicted persons, especially with the organization of their employment and preparation for the exemption and with cooperation with institutions, organizations, associations and foundations providing Aid to convictions and their families.

Article 78. [ Entities implementing the custodial sentence] § 1. Imprisonment shall be carried out by the Prison Service officers and the staff of that establishment.

§ 2. The Director General or Director of the Prison Service may issue orders to the directors of penal establishments necessary for the proper and law-abiding execution of the custodial sentence and the implementation of the directions of rehabilitation work, Also, to repeal decisions which they have issued against the law.

Division 3

Execution of the sentence and individualisation

Article 79. [ Obligations of the sentenced to imprisonment] § 1. Sentenced to imprisonment, the court calls to appear within the prescribed period in the custody of the investigator, located closest to the place of his habitual residence, together with a document stating the identity. The court may recommend bringing the convicted investigator into custody without a summon.

§ 2. If the convicted, despite the summons, did not appear in the custody of the investigator, the court recommends to bring it. The costs of bringing the court shall be charged to the convicted.

§ 3. The transfer of the convicted from the custody of the investigator to the competent criminal establishment follows the decision of the classification of the penitentiary commission.

§ 4. If a soldier is convicted and the court manages to bring him into custody, the duty of bringing him up is the responsibility of the competent military authorities.

Article 79a. [ Acceptance of investigative detention] § 1. When admitted to the custody of an investigator, the convicted person proves his identity, gives personal data, informs about the change of personal data, the place of permanent residence, the prior criminality, the state of health, and the obligation of his/her to be alimentary. Convicted may also be subject to acts intended to identify him, in particular: photographing, visual inspection of the body, downloading of prints, and presentation to other persons.

§ 2. The convicted transfer of documents, money, valuables and other objects he cannot have in his cell.

Article 79b. [ Placing in a transitional cell] § 1. The sentenced person who has been admitted to the detention order shall be placed in a transitional cell for a period of time necessary, however, for a period of not more than 14 days, to undergo initial medical examination, sanitary and initial medical examinations, and to familiarize himself with the basic legal acts relating to the execution of a custodial sentence and an order of internal detention.

§ 2. Place in a temporary cell shall not apply to a convicted person transferred from another criminal or investigative detention facility if he has already been subjected to the tests and procedures referred to in § 1.

§ 3. The convicted shall be informed of the calculated period of execution of the sentence. The receipt of information on the subject shall be confirmed by the signature.

Article 80. [ Order Execution Order] § 1. If the same person has been convicted of a number of punishments giving rise to deprivation of liberty, they shall be carried out in the order in which the decisions to be carried out were carried out in order to prevent them from being subject to the execution of the decision The replacement of the custodial sentence and the replacement penalties for unpaid fines shall be carried out in the last order.

§ 1a. The final decision shall be exercised before the non-final decisions. Ordinal penalties and coercive measures shall be carried out in the first place.

§ 2. A penitentiary judge may order the execution of penalties and measures in a different order than that specified in § 1, if the penitentiary reasons for this are speaking.

§ 3. In the event of a referral to the enforcement of a detention order against a convicted person who is punishable by another judgment, the order of enforcement of the sentence and the detention order shall be determined by the judge of the penitentiary.

§ 4. The day on which the execution of the sentence has been commenced, for any reason interrupted, retaken or terminated, shall be rounded up to the full day.

§ 5. If, in the case of the same person, several penalties for deprivation of liberty are carried out, the day on which the next sentence commenced shall be the day following that of the end of the previous sentence. On the date of completion of the previous sentence, the convicted shall not be released from the criminal or investigative detention facility.

Art. 80a. [ Penalty start] The beginning of the execution of the penalty shall be counted from

1) the acceptance of the convicted or punished, who volunteered to serve the sentence,

2) detention of the convicted or punished, which has been brought to the execution of the sentence,

3) introduction to enforcement of the decision in relation to a person deprived of liberty

-unless the Act provides otherwise.

Art. 80b. [ Calculation of the penalty execution period] § 1. The body set up to execute the decision shall calculate the period of execution of the sentence in accordance with the rules laid down in this Code.

§ 2. The penalty of one day shall be carried out on the day of its commencting.

§ 3. The penalty shall end on the day of the expiry of as many days as the number of days shall be calculated in accordance with the Article. 12c.

§ 4. The period of execution of the sentence, of a provisional arrest or of another measure to be taken into account in respect of the case-law shall be calculated on the basis of the number of days in which the actual deprivation of liberty has taken place during that period.

§ 5. The same period of time may not be counted against different penalties.

Article 81. [ System of execution of custodial sentence] The custodial sentence shall be executed on the system:

1) programmed interaction,

2) therapeutic,

3) ordinary.

Article 82. [ Convicted classification] § 1. In order to create conditions conducive to individual proceedings against convictions, to prevent the harmful effects of convicted demoralized and to ensure that convicted personal safety, the choice of the appropriate regime for the enforcement of penalties, type and type the criminal establishment and the deployment of convictions within the penal facility shall be classified.

§ 2. The classification of convictions shall be made with a view, in particular, to:

1) sex,

2) age,

3) prior to the sentence of imprisonment,

4) the intentional or inadvertence of the act,

5) the time remaining to serve the sentence of imprisonment,

6) the state of physical and mental health, including the degree of addiction to alcohol, narcotic or psychotropic drugs,

7) degree of demoralization and social danger,

8) the type of crime committed.

§ 3. The basis for classification shall be, in particular, a person-bearing study.

Article 83. [ Convicted psychological tests] § 1. A convicted person shall be subjected to a psychological and psychiatric examination as necessary, with his consent. A penitentiary judge may order a study without the consent of the convicted.

§ 2. The tests referred to in § 1 shall be carried out primarily in the appropriate diagnostic centres.

§ 3. The Minister for Justice, in agreement with the Minister of Health, shall, by regulation, establish the diagnostic centres referred to in paragraph 2 and shall lay down the rules of organisation and the conditions for the conduct of the tests in those centres. The Regulation will take account of the need

1) the explanation of the psychological and sociological processes of the convicted behavior,

2) diagnosing possible mental disorders of the convicted,

3) determination of possible therapeutic and rehabilitation proceedings

-in order to take the appropriate classification decision and determine the conditions for individual impact on the convicted person.

Article 84. [ The juvenile department for the juvenile] § 1. In a juvenile detention facility, a juvenile shall be sentenced who has not completed the age of 21; in justified cases, a sentenced person may be sentenced to death in that institution after the age of 21.

§ 2. If justified by the needs of the influence, the adult convicted for the first time, distinguished by a good attitude, may, with his/her consent, take the punishment in a juvenile detention facility; it then uses such powers as the juvenile.

§ 3. A juvenile who has left at least six months to acquire the right to apply for conditional release or to give educational difficulties shall be subjected to psychological tests; the provisions of Article 4 83 shall apply mutatis mutandis.

Article 85. [ The penal department for the first time] In a detention facility for the first time, convictions shall also be held for the first time, convicted in the same case, and sentenced to imprisonment not listed in the Article. 86.

Article 86. [ Pensioner for Penis Recidivism] § 1. In the detention facility for penitentiary recidivism, adult sentences shall be punishable by imprisonment or a replacement imprisonment and punished for intentional offences punishable by a detention order or a replacement detention order, who have already had such penalties or military detention for intentional offences or offences, unless the special rehabilitation considerations speak for the first time being referred to the criminal establishment for the first time.

§ 2. The criminal penalty referred to in paragraph 1 may be punishable by the convicted persons referred to in Article 1. 65 of the Penal Code and in Article 37 § 1 points 2 and 5 of the Tax Penal Code, if they are in favour of these specific rehabilitation considerations.

Article 87. [ Department of Punishment for Women] § 1. Women are punishing women with imprisonment separately from men.

§ 2. The convicted woman is punished in a semi-open type detention facility, unless the degree of demoralization or safety reasons speak for serving a penalty in a different type of detention facility.

§ 3. A woman who is pregnant or lactating is provided with specialist care.

§ 4. In order to allow a mother deprived of the freedom to exercise permanent and direct custody of the child, she shall be organised at the indicated penal establishments for the mother and the child in which the child may be present at the request of the mother for completion of the third period. a year of life, unless parental or health reasons, confirmed by the opinion of a doctor or a psychologist, speak for the separation of the child from the mother or for the prolongation or shortening of the period. Decisions in this regard shall be subject to the consent of the procurator. To mothers who are deprived of liberty and who have direct and direct custody of the provision of art. 69 shall not apply.

§ 5. The Minister for Justice will determine, by regulation, the mode of reception of children of mothers deprived of their freedom to homes for mother and child at designated detention facilities and detailed rules for the organisation and operation of such establishments, taking into account the situations referred to in § 3-4, as well as the need to safeguard the proper development of the child.

Article 87a. [ Convicted perpetrators of constant care of children] § 1. In the exercise of the sentence imposed on those convicted by a permanent care of a child under 15 years of age, account shall be taken in particular of the need to initiate, maintain and strengthen their relationship with children, to discharge their maintenance obligations, and to ensure that they are not the provision of material assistance to children, as well as cooperation with the care and care facilities in which the children are resident.

§ 2. The sentencing of children who are present in educational and educational establishments should, as far as possible, be placed in the appropriate penal facilities located closest to the children's whereabouts.

Article 88. [ The embedding of a semi-open and closed-type carcase] § 1. A convicted penalty in a system of programmed interaction shall be embedded in a semi-open detention facility, unless specific circumstances justify the embed of a closed type in a detention facility.

§ 2. convicted of a non-intentional or replacement imprisonment or a detention order shall be placed in a semi-open detention facility, unless special circumstances speak for the deposition of another type in a penal plant.

§ 3. [ 2] In a closed detention facility, the following shall be deposited:

1) convicted of a criminal offence committed in an organized group or of a relationship aimed at committing crimes, unless specific circumstances speak against such deposition, which does not apply to convicts found to be serious social danger or serious threat to the safety of the plant,

2) sentenced to life imprisonment or to a sentence of 25 years imprisonment,

3) convicted of non-psychotic psychiatric disorders, including convicted of a criminal offence referred to in art. 197-203 of the Penal Code, committed in connection with sexual preferences disorders, or mentally impaired,

4) a convicted posing a serious social threat or a serious threat to the safety of the plant,

5) of convicted protected under art. 88d or the Act of 25 June 1997. with a crown witness (Dz. U. of 2014 items 1801).

§ 4. [ 3] (repealed).

§ 5. [ 4] (repealed).

§ 5a. [ 5] (repealed).

§ 5b. [ 6] (repealed).

§ 6. In a closed detention facility, it is also possible to embed, due to a social threat or a threat to the safety of the plant:

1) convicted of a non-intentional offense, holding a replacement sentence of imprisonment, a person serving the sentence of detention and convicted women, and other convicted persons, whose properties and personal conditions, way of life before committing a crime, the conduct after the offence, the negative assessment of the posture and the conduct of the custody of the investigator, the safety considerations of the establishment or other special circumstances indicate that they should be punished against them under conditions of increased isolation and security,

2) convicted, who during his stay in the custody of the investigator or the detention facility violated in a serious degree the discipline and order,

(3) a convicted person who has been in an open or semi-open type of office so far, if the negative assessment of his attitude and behaviour, as well as the safety reasons for the establishment, indicate that he is to be subject to a penalty under the conditions of increased insulation and security,

4) a convicted person who has committed a crime of significant social harm if his attitude and behaviour speak for being in a detention facility of a type of closed type.

Art. 88a. [ Convicted posing a serious social threat or a serious threat to the safety of the plant] [ 7] § 1. A criminal convicted who has committed a crime with a very high degree of social harm may be regarded as a convicted posing serious social threat or a serious threat to the security of the plant, in particular:

1. crime:

(a) the assassination of:

-the independence or integrity of the Republic of Poland,

-the constitutional regime of the State or the constitutional authorities of the Republic of Poland,

-life of the President of the Republic of Poland,

-unit of the Armed Forces of the Republic of Poland,

(b) with particular cruelty,

(c) the taking up or holding of the hostage or the hostage taking,

(d) the abduction of a vessel or aircraft,

(e) with the use of firearms, explosives or flammable materials,

2) during the prior or present deprivation of liberty posed a threat to the security of the criminal or investigative detention facility in such a way that:

(a) he has been an organiser or an active participant in a collective occurrence in a criminal detention facility or an investigative detention facility,

(b) has committed an active assaults on a public officer or other person employed in a detention facility or in custody,

(c) he has been a perpetrator of rape, serious bodily injury or abuse of a convicted, punished or temporarily arrested person,

(d) free himself or attempt to free himself from a closed detention facility or an investigative detention facility, or during a convotion outside the premises of such an establishment or detention facility,

3) a crime in an organized group or a relationship aimed at committing crimes, especially because of its managerial or significant role in the group or association.

§ 2. When the decision on recognition of a serious social threat or a serious threat to the security of the plant is taken and whenever it is verified, the penitentiary committee shall take into account:

1) the properties and personal conditions of the convicted,

2) the motivations and the way of behavior when committing the crime and the type and size of the negative consequences of the crime,

3) how to behave in the course of stay in the detention facility,

4) degree of demoralization or progress in rehabilitation,

5) in an accident convicted of a criminal offence committed in an organized group or a relationship aimed at committing a criminal offence-a threat to the legal order which may arise from establishing by convicted unlawful contacts with other members groups, including in particular the threat to human life or health or to acts intended to disclose property which constitutes an advantage for the commission of a criminal offence, and the fact that other members of the group or association are present at large.

§ 3. Convictions posing a serious social risk or a serious threat to the safety of the plant shall be punished by a penalty in a designated branch or a cell of a type of penal type enclosed in conditions that ensure increased protection of the public and security of this plant.

§ 4. A criminal judge shall be notified of the deposition of a convicted person in a designated branch or a holding cell of a closed type.

§ 5. The convicted person referred to in art. 88 § 3 point 5, may be embedded, with his consent, in the branch or the cell referred to in § 3.

Art. 88b. [ Conditions for Punishment in a Sealed Detention Facility] § 1. In a closed detention facility, a convicted person posing a serious social risk or a serious threat to the safety of the plant shall be punished under the following conditions: [ 8]

1) residential purposes and places and spaces designated for: work, learning, walking, wistling, devotion, religious meetings and religion teaching, and cultural and educational activities, with a range of physical and sporting culture In appropriate technical and protective protection,

2) the residential objectives remain closed 24 hours a day and are more often controlled than those in which the convicts are convicted, for which no decision has been taken, as referred to in art. 76 § 1 point 7,

3) convicts can learn, work, participate directly in worship, religious meetings and religion, and enjoy cultural and educational activities, in the fields of physical culture and sport, only in the branch where they are embedded,

4) the movement of the convicted on the premises of the criminal establishment shall be carried out under the reinforced supervision and shall be limited only to the necessary needs,

5) the convicts are subjected to personal control at each time of departure and return to the target,

6) the convicted walk takes place in designated places under a reinforced caretaker,

7) the way of personal contact of the representatives of the entities referred to in art. 38 § 1 of the convicted person shall state the director of the criminal undertaking,

8) the convictions take place in designated places under a reinforced caretaker. Convicts shall not be allowed to use the visions in the presence of convicts, for which no decision has been taken, referred to in art. 76 § 1 point 7,

9) vision may be provided in such a way as to prevent direct contact with visitors, if there is a serious threat to the safety of visitors. Decisions in this case shall be taken by the Director of the criminal establishment This does not apply to the persons referred to in art. 8 § 3. However, at the request of those persons, the visions shall be granted in such a way as to prevent direct contact with the convicts. At the time of the use of the convicts, the convicts are not allowed to consume food and drink products,

10) convicts are not allowed to use their own clothing and footwear.

§ 2. [ 9] The penitentiary committee may consider that there is no need to apply all the conditions referred to in § 1 and waive the use of one or more of them; the provision of art. 88a § 2 shall apply mutatis mutandis. Where justified by the circumstances, the conditions under which the conditions for which it has been waiving may be reinstated or the scope of those conditions may be amended.

§ 3. [ 10] At the request of the convicted or his defender, however, not more often than once every 3 months, the penitentiary commission shall indicate the reasons justifying the qualification of the convicted as posing a serious social risk or a serious threat to security the establishment and its application of the conditions laid down in paragraph 1.

Art. 88c. [ Permanent Monitoring] [ 11] § 1. The behaviour of a convicted person posing a serious social risk or a serious threat to the safety of the establishment shall be subject to constant monitoring.

§ 2. Monitoring shall be carried out for residential purposes together with the part intended for sanitary-hygienic purposes and in the places and premises referred to in art. 88b § 1 point 1. A monitored image or sound is persisted.

Art. 88d. [ Inclusion of sensitive subject protection in conditions of increased isolation and security] § 1. If, in connection with pending or terminated criminal proceedings, in which the convicted person is or has participated as a suspected, accused, witness or victim, a serious threat has occurred or there is a direct concern the existence of a serious threat to his or her life or health, the director of the penal facility shall include such special protection under conditions of increased isolation and security, consisting in particular of:

1) the control of the state of his health,

2) providing psychological assistance,

3) the application of the conditions for serving the penalties laid down in Article 90 points 7 to 9.

§ 2. Special protection may also consist of the application to the convicted referred to in § 1:

(1) the conditions for the execution of the penalties referred to in Article 88b or 88c,

2) personal protection within the meaning of the Act of 25 June 1997. with a crown witness (Dz. U. 2007 No. 36, pos. 232, of 2009 No 178, pos. 1375 and 2010 Nr 127, pos. 857 and No. 182, pos. 1228)

-with the consent of the convicted.

§ 3. The director of the criminal establishment shall include the special protection convicted at the request of the court before which the criminal proceedings are pending, or the prosecutor conducting or supervising the preparatory proceedings. The application shall state the reasons for the subject of the special protection and indicate the duration of the period of not more than 6 months.

§ 4. The director of a penal undertaking may cover his/her duly justified request; the application shall state the reasons for the taking of the convicted special protection and indicate the duration of the case, not exceeding 6 months. Before taking the decision, the director of the criminal undertaking shall consult the court or the prosecutor as appropriate, as referred to in § 3, and after the criminal prosecution of the opinion of the judge of the penitentiary has been completed; pending the opinion, the Director may temporarily apply to the convicted measures referred to in paragraph 1.

§ 5. In the decision to include a particular protection, it is necessary to specify the time limit for which protection is to be carried out, and to indicate the way in which that protection is to be carried out.

§ 6. If, on expiry of the period referred to in paragraph 5, there is still a serious threat or there is a direct concern to the life or health of the convicted person, the special protection shall be extended for a further period; and 4 shall apply mutatis mutandis. The decision to extend the specific protection should be given in such a way as to safeguard the continuity of the application of that protection.

§ 7. In the event of the cessation of the cause of the subject of the special protection, the director of the criminal undertaking shall, at the request of the court before which the criminal proceedings are pending, or the procurator conducting or supervising the preparatory proceedings, withhold special protection. In the event of the special protection of the convicted person at his request, the withdrawal of the special protection may take place at the request of the convicted or ex officio, after having consulted the court or the prosecutor referred to in § 3, and after the proceedings have been completed. the criminal opinion of the judge of the penitentiary.

§ 8. The decision on the subject of special protection and the decision to extend or withdraw its application shall be served on the convicted person.

§ 9. The director of the penal undertaking shall notify the judge of the penitentiary of the subject of the special protection, whether or not to be extended, or withdrawn.

§ 10. The specific protection shall also be applied in the event of transfer of the sentenced to another criminal undertaking. The director of the criminal establishment in which he is sentenced shall inform the director of the criminal undertaking to whom the sentenced person is to be transferred, subject to special protection, and of the manner in which it has been protected and of the reasons for its application. The director of the criminal undertaking to which the sentenced person has been transferred shall immediately inform the Judge of the penitentiary of the application of the special protection to the convicted person.

§ 11. At the end of the criminal proceedings, the competent authority for the submission of applications of the court or the prosecutor referred to in § 3 and 7 shall be a penicillerary judge.

Article 89. [ Move to a semi-open or open type plant] § 1. If the attitude and behaviour of the convicted person speak, it shall be transferred from a criminal facility of a type closed to a semi-open or open-type establishment.

§ 2. Paragraph 1 shall apply mutatis mutandis to the transfer of a convicted from an establishment of a semi-open type.

§ 3. Sentenced to life imprisonment may be transferred to a semi-open type of penal facility after he has served for at least 15 years and to an open-type facility after he has served at least 20 years of punishment.

§ 3a. The transfer referred to in § 1, convicted of sexual preferences for the offence referred to in art. 197-203 of the Penal Code, committed in connection with these disorders, requires the consent of the judge of the penitentiary.

§ 4. A negative assessment of the posture and the conduct of the convicted, as well as the safety reasons may cause it to be transferred to a semi-open or closed type of penal facility.

Article 90. [ Closed penal plant] In an enclosed type of detention facility:

1) the habitual objectives of the convicts may be open at the time of day for a specified period of time, if the security reasons do not prevent this from being contradicted,

2) convicts may be employed outside the terrain of the criminal establishment in the full system of convotion,

3. cultural-educational and sports activities and teaching shall be organised within the criminal establishment,

4) the movement of the convicted on the premises of the criminal establishment is carried out in a manner organized and under the supervision,

5) convicts may use their own underwear and footwear, and with the permission of the director of the criminal establishment-also from clothing,

6) convicts may use two visions in a month, and with the consent of the director of the criminal establishment use them once,

7) the convictions are subject to supervision by the administration of the criminal establishment; the conversations of the convicted persons are subject to review by the administration of the criminal undertaking,

8) the convicted correspondence shall be subject to the censorship of the administration of the criminal establishment, unless the Act states otherwise,

9) the telephone calls of the convicts are subject to the administration of the criminal establishment

Article 91. [ Semi-open penal plant] In a semi-open penal plant:

1) the habitual objectives of the convicts remain open at the time of day, while at night they may be closed,

2. convicts may be employed outside the area of the penal facility in a system of reduced convotion or without a convoy, including at individual jobs,

3) convicted may be allowed to participate in teaching, training and in therapeutic classes organised outside the area of the penal facility,

4) convicts may take part in the administration of a group of cultural-educational or sporting activities organised by the administration outside the premises of the criminal establishment,

5) convicts can move around the area of the criminal establishment in the time and places established in the internal order,

6) convicts may use their own clothing, underwear and footwear,

7) convicted may be granted a permit from the penal facility, not more than once every two months, for a period not exceeding 14 days a year,

8) convicts may benefit from three visions in a month, which, with the consent of the director of the criminal establishment, can be connected,

9) the convictions are subject to supervision by the administration of the criminal establishment; the conversations of the convicts during the visions may be subject to the administration of the criminal establishment,

10) the convictions of convictions may be subject to censorship of the administration of the criminal establishment

11) the telephone calls of convicts may be subject to the administration of the criminal establishment.

Article 91a. [ Right to additional vision] In penal facilities for juvenile type of closed and semi-open convicts, they also have the right to have additional vision in a month.

Article 92. [ Tender of open type penal type] In an open-type detention facility:

1) the habitual objectives of the convicted shall remain open 24 hours a day,

2) the convicted is primarily outside the area of the penal facility, without a convoy, on individual jobs,

3. convicted may be allowed to participate in teaching, training and therapeutic classes organised outside the penal area,

4) convicts may take part in the administration organized by the administration, outside the grounds of the criminal establishment, group of cultural and educational or sporting activities,

5) convicted may be allowed to participate in classes and cultural-educational or sporting events organised outside the area of the penal facility,

6) convicts can move around the area of the criminal establishment in the time and places established in the internal order,

7) convicts may use their own clothing, underwear and footwear,

8) convicts may receive from the deposit of the penal facility the money remaining at their disposal,

9) convicted may be granted passes from the penal facility, not more than once a month, including a period not exceeding 28 days a year,

10) convicted may benefit from an unlimited number of visions,

11) the convictions may be subject to the supervision of the administration of the criminal establishment. The convictions in the course of the visions are not subject to the control of the administration of the

12) convicted, as far as possible, creates conditions for the preparation of additional meals in its own right,

13) the convictions are not subject to the censorship of the administration of the criminal establishment,

14) telephone calls of convicts are not subject to the control of the administration of the criminal establishment

Article 93. [ Permits] To the permit referred to in Article 91 points 7 and art. Point 9 of Article 92 shall apply mutatis mutandis. 139 § 1, 2, 5, 7 and 8 and art. 140.

Article 94. [ Punishment of military detention] Sentenced to military detention shall be punished in an open-type detention facility, unless specific considerations speak for the need to embed a convicted person in a different type of detention facility.

Article 95. [ Programmed impact system] § 1. Juvenile convictions are held in the system of programmed interactions, as well as convicted adults who, upon presentation of the draft impact programme, agree to be complicit in the development and implementation of the programme.

§ 2. The impact programmes shall, in particular, be determined: the types of employment and the teaching of convictions, their contacts with the family and other loved ones, the use of leisure time, the possibility of discharging the obligations on them, and other projects necessary for the preparation of the convictions to return to society.

§ 3. The implementation of the impact programmes shall be subject to periodic evaluations; these programmes may be subject to change.

§ 4. If the conditions laid down in Article 4 apply. 96, the convicted is transferred to serving a sentence in the therapeutic system. A convicted adult shall be transferred to a penalty in the ordinary system if he does not comply with the requirements set out in the programme of impact.

Article 96. [ Therapeutic System] § 1. In the therapeutic system, they are punished with non-psychotic psychiatric disorders, including convictions for the offence referred to in Art. 197-203 of the Penal Code, committed in connection with sexual preferences disorders, mentally handicapped, as well as dependent on alcohol or other narcotic or psychotropic substances and convicted physically disabled-requiring specialist interactions, in particular psychological, medical or rehabilitation care.

§ 2. (repealed).

§ 3. If they speak for this medicinal and educational considerations, other convicts may also be punished in the therapeutic branch, with their consent.

§ 4. The sentence of imprisonment in the therapeutic system is carried out primarily in the therapeutic branch of a particular specialization.

Article 97. [ Enforcement of punishment in the therapeutic system] § 1. In carrying out a penalty in the therapeutic system, account shall be taken in dealing with the convictions in particular of the need to prevent the deepening of the pathological features of personality, to restore mental equilibrium and to shape the ability to co social and preparation for independent living.

§ 2. The execution of the sentence shall be adapted to the needs of the treatment, employment, teaching and hygiene requirements. If health care is required, employment shall be organised under protected conditions.

§ 3. Convicted, who no longer require the specialist influence referred to in art. 96, shall be transferred to the appropriate enforcement system.

Article 98. [ Possibility of employment by a convicted person] In the ordinary system, the convicted person can use the employment, teaching and cultural and educational activities available in the establishment.

Article 99. [ Enforcement of penalties in the ordinary system] § 1. A replacement custodial sentence shall be exercised in the ordinary system, as far as possible in separation from other convictions, unless special considerations speak for the referral of the convicted to another system.

§ 2. Punished in penal custody case-offs or ordinal penalties, and persons subject to a detention order, shall be held separately from convicted persons in the ordinary system, unless special considerations are given Speak for a referral to another system.

§ 3. If, in the course of a sentence, a custodial sentence is successively executed, followed by a penalty of a criminal offence or a punitive sentence or a measure of coercive effect, then at the time of the execution of that sentence or the measure, the sentenced person shall remain in the such a system of execution of the sentence to which it was directed at the time of the custodial sentence.

Article 100. [ Place of punishment] § 1. The sentenced person shall be punished in due regard for the type, type, system of execution of the sentence or the security of the detention facility. The transfer of sentenced to another competent criminal establishment may take place, particularly in the case of:

1) changes to the purpose of the criminal establishment or to ensure the conditions referred to in art. 110 § 2,

2) employment or study,

3) grant of health benefits,

4) [ 12] the referral to the diagnostic centre, a treatment centre or a branch for persons posing a serious social risk or a serious threat to the security of the detention of investigators or of a criminal undertaking,

5) participation in the process operation,

6) important family reasons,

7) reasons relating to the security of the convicted,

8) the need to ensure order and safety at the plant.

§ 2. The Director General of the Prison Service shall determine the place of imprisonment for the convicted protected under the Act of 25 June 1997. with a crown witness.

Division 4

Rights and obligations of convicted persons

Article 101. [ Information on the rights and obligations of the convicted] When convicted in a detention facility, the sentenced person shall be informed without delay of his or her rights and obligations and of the consequences arising from Article 4 (1) of the Rules of Law. 139 § 1 of the Code of Criminal Procedure, and in particular to enable him to familiarize himself with the provisions of this Code and the Rules of Procedure for the execution of a custodial sentence, and to undergo appropriate medical examinations and sanitary procedures.

Article 102. [ Convicted privileges] The sentenced person shall have the right in particular to:

1) appropriate due to the conservation of health, clothing, living conditions, premises and health benefits and appropriate hygiene conditions,

2) maintain ties with family and other people close to,

3) the use of religious freedom,

4) to receive the compensation of wages and social security, to the extent provided for in the separate provisions, as well as the assistance in obtaining invalidity benefits,

5) education and self-education and the execution of his own work, and with the consent of the director of the penal establishment for the manufacture and disposal of the performed objects,

6) the use of cultural and educational facilities and activities, radio, radio, television, books and press,

7) communicate with the defender, attorney, the competent court curator and the representative of the representative referred to in art. 42,

8) communicate with the entities referred to in art. 38 § 1,

9) familiarize with the opinions, drawn up by the administration of the criminal establishment, which form the basis for the decision being taken against it,

10) to submit applications, complaints and requests to the authority competent for their examination and presentation, in the absence of other persons, of the administration of the criminal establishment, the managers of the organizational units of the Prison Service, the judge of the penitentiary, the prosecutor and the Ombudsman,

11) conducting correspondence with law enforcement agencies, the judiciary and other state bodies, local government bodies, the Ombudsman, the Ombudsman of the Rights of the Child and the bodies set up on the basis of ratified by the Republic of Poland international agreements on the protection of human rights.

Article 103. [ Complaint authority] Convicts have the right to direct complaints to bodies established on the basis of the Polish international agreements on the protection of human rights, ratified by the Republic of Poland.

Article 104. [ Using Authority] The exercise of the rights of the convicted person should be in a manner which does not infringe the rights of other persons and does not interfere with the criminal order established in the establishment.

Article 105. [ Keeping ties with loved ones] § 1. The convictions must be such as to maintain, in particular, family and other loved ones by sight, correspondence, telephone conversations, parcels and remitters, and, where appropriate, with the consent of the director of the criminal undertaking, also through other means of communication, and facilitate the maintenance of contacts with the entities referred to in Article. 38 § 1.

§ 2. The convicted foreigner may carry out correspondence with the competent consular office, and in the absence of such an office-with the appropriate diplomatic representation, and to use the visions with the consular officer or performing consular functions an employee of a diplomatic representation.

§ 3. The scope and manner of contacts referred to in § 1 and 2, in particular the supervision of the visionaries, the censorship of correspondence, the auditing of the conversations during the video and the telephone, shall be subject to the type and type of the criminal undertaking in which the convicted is punished, and also from the requirements of individual impact, with the exception of the right to receive parcels.

§ 4. The director of the penal facility shall take decisions regarding the detention of correspondence in closed and semi-open type detention facilities, and in semi-open penal facilities, also for the censorship of correspondence and for the monitoring of conversations during the visions and telephone calls, except in the cases referred to in Article 8 § 3 and in art. 8a (2) and (3) shall, where the reasons for the security of the establishment or of the public order so require, notify the judge of the penitentiary and of the convicted person of that decision. The director of the criminal establishment may authorise the transfer of a valid message contained in a detained correspondence.

§ 5. The copy of the correspondence to the file before its censorship and the correspondence of the detainee shall not be made available to the convicted person.

§ 6. The director of the criminal establishment shall take decisions on the detention obtained and sent by the convicted parcels or their destruction, if the reasons for the security of the establishment or the public order so require, by notifying the Judge to the -if you have any of the same conditions as your own The destruction of the parcel is done on the basis of separate regulations.

§ 7. The convicted person shall receive a written acknowledgement of receipt at the detention centre of the official correspondence sent by him. The envelope shall be stamped with the name of the penal establishment and the date of its receipt shall be recorded on the envelope.

Art. 105a. [ Seeing] § 1. The vision takes 60 minutes. On the same date, only one view shall be granted to the convicted person, subject to Article 90 points 6 and art. 91 point 8.

§ 2. No more than two persons shall be allowed to attend, unless the director of the criminal undertaking, in duly justified cases, agrees to the participation of a larger number of persons. The number of minors is not restricted. Minors can only use the visions under the care of the full-age.

§ 3. Convictions referred to in Art. 87a, they have the right to additional vision with children.

§ 4. A vision with a person who is not a family member or any other person close to the sentenced person may be given the permission of the director of the criminal establishment.

§ 5. Vision takes place under the supervision of an officer, in a way that allows direct contact of the convicted person with the visitor, at a separate table.

§ 6. During the course of vision, the consumption of food and drink items purchased by visitors on the premises of the penal facility is allowed. Food items and beverages which have not been consumed in the course of vision shall be forwarded to the visitor.

§ 7. In the event of a violation by a convicted person or a person visiting established rules of conduct, it may be interrupted or terminated before the time.

§ 8. The detailed terms and conditions of the holding of the director of the criminal undertaking shall state, in the form of a notice, in a place accessible to the visitors.

§ 9. The restrictions resulting from § 1, 2 and 5 shall not apply to the convictions of persons listed in the Article. 8 § 3 and art. 105 § 2.

Art. 105b. [ Using a self-teller telephone call] § 1. The convicted person shall have the right to use the self-driving telephone apparatus at his/her own expense or at the expense of the interlocutor.

§ 2. In justified cases, the director of the criminal undertaking may authorise the convicted person to benefit from any other than the one specified in § 1, the camera at the expense of the subscriber or the convicted, and if the convicted does not have the cash, at the expense of the penal plant.

§ 3. In the event of a threat to public policy or of a threat to the security of the plant, the director of the criminal establishment may, for a limited period, deprive the convicted authority referred to in § 1.

Article 106. [ Use of religious freedom] § 1. The convicted person has the right to pursue religious practices and the use of religious services and to participate directly in devotions at the detention facility on holidays and the listening of the services transmitted by the mass media books, as well as the necessary books, letters and objects.

§ 2. The convicted shall have the right to participate in the establishment of the criminal teaching of religion, taking part in the charitable and social activities of the church or other confession, as well as to individual meetings with the clergy of the church or another confessing relationship to which it belongs; clergy can visit those sentenced in the premises where they are staying.

§ 3. The use of religious freedom must not contravene the principles of tolerance or disturb the established order in the detention facility.

§ 4. The Minister of Justice, after consulting the relevant authorities of the clergy and other religious associations, will determine, by regulation, detailed rules for the exercise of religious practices and the use of religious services in establishments criminal and imprisoned investigators, having regard to the need to ensure conditions for individual and collective participation of persons embedded in these facilities and arrests in services and meetings.

Article 107. [ Taking a penalty for a crime committed with political motivation] § 1. Convicted of an offence committed for political, religious or religious motivation, they shall be punished by separation from those convicted of other offences; they shall have the right to use their own clothing, underwear and footwear, and shall not be subject to any obligation to do so. work.

§ 2. The powers referred to in paragraph 1 shall not be convicted of offences committed with violence.

Article 108. [ Personal security of convicts] § 1. The administration of the criminal undertaking shall be required to take appropriate action to ensure that personal security is given to the person during the period of the sentence.

§ 2. The convicted person is obliged to inform immediately the superior of the threats to his personal safety and to avoid these threats.

Article 109. [ Meals] § 1. A convicted staying in a detention facility or an investigative detention shall be given three times a day of drink and meals of an appropriate nutritional value, including at least one hot meal, taking into account the type of work performed and the age of the convicted, and as far as possible the possibilities also of religious and cultural requirements. The convicted person, whose health condition requires it, receives food according to the indications of a doctor.

§ 2. convicted outside the criminal establishment or detention order, which shall take part in particular in procedural or other activities requiring a convoy, and which, for technical or organisational reasons, cannot be issued a hot meal, and especially in the absence of a possibility to issue a meal in the hours fixed in the internal order in force at the detention facility or the detention centre, it receives a board of meals in the form of a dry powder of an appropriate value nutritional and drink, taking into account the age of the convicted and, as far as possible, religious and cultural requirements. The convicted person, whose health condition requires it, is given the advice of a physician in the form of a dry radiant.

§ 3. The Minister of Justice will determine, by regulation, the types of meals and drinks issued in detention facilities and investigative detention, their nutritional and energy value, as well as the minimum daily cost of meals and drinks, taking into account the age, the state of the health of the inmate and the nature of his/her work, the need to provide meals and drinks to be taken to the penal facility or to the detention centre and to leave them, and to be outside the criminal establishment or detention facility investigators, and bearing in mind the need to ensure vegetables and fruit during the day.

Article 110. [ Objectives] § 1. The convicted detainee is placed in a multiplayer or one-man residential cell.

§ 2. Area in a residential cell, incidental to a convicted, is not less than 3 m ² The objectives shall be equipped with suitable accommodation equipment, which provides for the convicted separate place to sleep, suitable conditions of hygiene, sufficient air supply and appropriate temperature up to the time of the year, according to the standards laid down for the accommodation spaces, and also illumination suitable for reading and performing work.

§ 2a. The director of the criminal or investigative detention facility may, for a limited period of not more than 90 days, place the sentenced person for a limited period of not more than 90 days, in the conditions referred to in the second sentence of paragraph 2, in a residential cell in which the area of the convicted is less than 3 m ² , however, not less than 2 m ² , in case of:

1) the introduction of martial law, exceptional or natural disaster, or at the time of their validity,

2. advertisements at the location of the criminal or investigative state of the state of the epidemiological emergency or the state of the epidemic, or the occurrence in the criminal establishment or the arrest of the state of the epidemiological emergency or the state of the epidemic

-having regard to the degree of risk to life and health;

3) the need to prevent the occurrence of another event posing a direct threat to the security of the convicted or the security of the criminal or investigative plant, or to prevent the consequences of such an event.

§ 2b. The director of the criminal or investigative detention centre may place the sentenced person for a limited period of not more than 14 days, in the conditions referred to in the second sentence of § 2, in a residential cell in which the area of the convicted is less than 3 m ² , however, not less than 2 m ² Where there is a need for immediate placement in a detention facility or an investigative arrest without free accommodation for the purpose of dwellings:

1) sentenced to imprisonment in excess of 2 years,

2) of the convicted person referred to in Article 64 § 1 or 2 and art. 65 of the Criminal Code,

3) convicted of the offence referred to in art. 197-203 of the Penal Code,

4) the convicted, who has been arbitrarfully free from serving a custodial sentence,

5) convicted, who, using the permit to temporarily leave the penal facility or the detention of an investigator, did not return within the prescribed period,

6) transported on the order of the court or the prosecutor from another criminal establishment or the custody of the investigator, in order to participate in the trial or other process activities,

7) a person temporarily arrested, punished by order or which has been subject to other coercive measures resulting in the deprivation of liberty.

§ 2c. The period referred to in § 2b may be extended only with the consent of the judge of the penitentiary. The total period of placement of the sentenced person under the conditions specified in § 2b shall not exceed 28 days.

§ 2d. When issuing a decision on the basis of § 2a-2c, the risk of deterioration of the execution of the custodial sentence and of the temporary arrest shall be minimised, and shall be aimed at a rapid placement in a residential cell referred to in paragraph 2.

§ 2e. In the decision taken under § 2a-2c, the time and reasons for placing the sentenced person under conditions in which the area in a residential cell of the sentenced person is less than 3 m is to be determined ² , and mark the term for which he is to be convicted in these circumstances.

§ 2f. A complaint against a decision issued on the basis of § 2a-2c court recognizes within 7 days.

§ 2g. The decision to include a convicted person under the conditions laid down in paragraphs 2a to 2c shall be repealed forthwith if the reasons for which it was issued are established.

§ 2h. In the cases provided for in paragraphs 2b and 2c, the daily walks of the day shall be extended by half an hour and the use of additional cultural and educational activities or from the physical and sports cultural activities.

§ 2i. The provisions of § 2b or 2c may be applied to the same convicted not earlier than 180 days from the date of the end of the period for which the previous placement under the conditions laid down therein occurred.

§ 3. Sanitary facilities in a semi-open and open type facility can be located outside of the housing objectives.

§ 4. When placing a convicted on a residential cell, the following shall be taken into account in particular:

1) a classification decision,

2) the need to separate the convicted from the temporarily arrested,

3) the need to ensure order and safety in the detention facility,

4) medical, psychological and rehabilitation recommendations,

5) the need to shape the right atmosphere among the convicted,

6) the need to prevent self-aggression and to commit crimes in the course of serving a punishment.

§ 5. The Minister of Justice shall determine, by means of a regulation, the procedure to be followed by the competent authorities in cases where the number of criminal or investigative detention facilities exceeds, in general, the total capacity of those establishments, in particular the mode of operation. the conduct of the Director General of the Prison Service, the district directors and the directors of penal establishments or the custody of investigators in the area of notification of the overcapacity, respectively, of the country, area of the district inspectorate and of the criminal or investigative detention centre, the procedure of the directors ' conduct criminal and criminal detention facilities for the organization of additional residential purposes, as well as the procedure of proceedings of the governors of the courts and managers of organizational units of the prosecutor's office in the event of the overcrowding of penal establishments or the arrests of investigators over established capacity on a country scale, taking into account the need for humane treatment of detainees, with respect for their human dignity.

Article 110a. [ Subjects held in the cell] § 1. The convicted person has the right to have documents relating to the proceedings of which he is a participant in a cell, articles of food of a weight not exceeding 6 kg, tobacco products, personal hygiene measures, personal items, watches, letters, and photographs of members of the family and other loved ones, objects of religious worship, writing materials, personal notes, books, newspapers and skylight games.

§ 2. The director of the criminal establishment may authorise the convicted possession in a cell of audiovisual, computer and other objects, including the aesthetics of the premises or of the cultural expression of the convicted person, if the possession of these objects is without prejudice to the rules of order and security in place in the detention facility.

§ 3. A convicted person shall not have in his cell or transferred to a deposit during his stay in a detention facility of objects the size or quantity of which violates the order in force or obstructs the convotion. These items shall be sent, at the expense of the convicted person, to the person, institution or organisation designated by him. In the justified case, these items may be sent at the expense of the criminal undertaking.

§ 4. A convicted person shall not have, in addition to a deposit, means of communication and objects and documents which may pose a threat to order or security in a detention facility.

Article 111. [ Clothing] § 1. The convicted shall be put into service, from the criminal establishment, to the time of the year of garments, underwear and footwear, unless it is used by its own. The conditions necessary for the maintenance of personal hygiene shall be provided to the convicted person, in particular in the case of bedding and other means of maintaining hygiene and purity in the holding cell.

§ 2. At the time of procedural steps, handling and other justified cases, convicts shall use their own clothing, underwear and footwear, unless they are inappropriate for reasons of time of year or destroyed, or if they speak Against this safety considerations.

Article 112. [ Privilege for rest] § 1. The convicted person shall enjoy the necessary health for rest, in particular from the right to at least an hour of walking and an 8-hour period of time for sleep during the day. Convicted referred to in art. 87 § 3 and 4, has the right to use a longer stroll.

§ 2. In case of a violation by a convicted determined manner of taking a walk, a walk can be completed before time.

§ 3. A convicted person shall not have the right to walk:

1) during the convotion,

2) on the day on which it is convoed, if the convotion started no later than at 8 p.m. ⁰⁰ and finished no earlier than 16 ⁰⁰ .

§ 4. If, on a given day, the sentenced person is not using a walk for the reason referred to in § 3 (2), he shall be given an additional walking distance within the next 7 days.

Article 113. [ Cash convicted] § 1. The convicted person shall transfer cash and valuables held in a criminal institution to the deposit. The monies left in the deposit shall not be subject to interest.

§ 2. At the disposal of the convicted shall remain the monies remaining after the fulfilment of the obligations under the execution of the convicted person and after the collection of the measures referred to in Article 3. 126 § 1.

§ 3. The monies referred to in § 2 may be transferred to the selected bank account, the savings book or leave the deposit.

§ 4. At the written request of the convicted person, he shall be issued with a deposit of valuables unclaimed during the enforcement proceedings and if he does not interfere with the order in the criminal order and shall not affect the rights of others.

§ 5. At the written request of the convicted and at his expense, the funds and valuables remaining at his disposal for the benefit of the persons, institutions and organisations designated by him; the transfer costs may, in justified cases, be transferred to the person concerned. cover the penal plant.

§ 6. Free from executions shall be:

1) oblivion awarded to the convicted by the director of the criminal establishment,

2) the cash granted to the convicted of the funds referred to in Article 136a § 1,

(3) cash paid into a fine, which has been replaced by a replacement custodial sentence or a substitute for a detention order,

4) cash received by the convicted in a given month, in the amount of 10% of the average monthly salary of employees, as long as the provisions of this Act do not provide otherwise.

§ 7. In the event of a permit for temporary leave by a convicted penal establishment, or a permit to grant him, the funds remaining at his disposal shall be made at his written request.

Art. 113a. [ Purchase of food and tobacco products] § 1. The sentenced person shall have the right at least three times a month to purchase food items and tobacco products and other articles admitted to sale in a detention facility, for cash remaining at his disposal in the deposit. Convicted referred to in art. 87 (3) and (4), has the right to make additional purchases of foodstuffs.

§ 2. The conviced shall be made possible to make the first purchase no later than the third working day after the admission to the criminal establishment.

§ 3. The convicted person shall have the right to receive a food package once a month, consisting of food or tobacco products purchased through the penal facility. The convicted person shall receive a food package after placing an order in writing and after covering the cost of preparing the parcel. An order can also be placed by a person closest to it.

§ 4. Convicted may, with the permission of the director of the criminal undertaking, receive packages of the necessary clothing, underwear, footwear and other items of personal use and hygiene measures, and after a positive opinion by the doctor-also with medicines; medicines are prescribed by your doctor.

§ 5. The packages shall be checked in the presence of the convicted. The packages shall not be provided with articles which are impossible to check without prejudice to the substance of their substance, as well as articles in packages which impede the control of their contents, as well as the items referred to in Article 4. 110a § 4.

§ 6. Food items, recognised by a doctor or other authorised person implementing a medical profession in a medical profession for persons deprived of liberty for unfit for consumption shall be destroyed in the presence of the convicted person.

§ 7. The director of the criminal establishment may, upon request or after consulting the doctor, authorise the convicted, due to the state of his health, to make additional purchases of food items and to receive parcels more frequently.

Article 114. [ Forgotten convicted] A convicted person who is not able to earn money and does not have the necessary material means, the director of the criminal undertaking may grant a monthly oblivion in the amount of up to 1/10 of the average monthly salary of employees.

Article 115. [ Health Benefits] § 1. Free health benefits, medications and sanitary ware shall be provided to the convicted person.

§ 1a. The convicted prison shall not have the right to choose the doctor referred to in Article 4. 55 par. 2a of the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2008 Nr 164, pos. 1027, of late. zm.), nurse of primary health care, healthcare provider providing outpatient health care services, dental practitioner and hospital, as defined in the Act of 27 August 2004. on health care services financed from public funds.

§ 2. Protheses, orthopaedic objects and auxiliaries shall be provided free of charge if their absence could deteriorate the state of health or the absence of a custodial sentence or, in other cases, against payment.

§ 3. The Minister of Justice, in consultation with the Minister responsible for health, will determine, by regulation, the conditions and manner of supplies of persons embedded in penal institutions and the detention of investigators in prostheses, orthopaedic objects and measures ancillary services provided to those persons free of charge, as well as the conditions for payment in cases where the conditions are not met for free, with a view to the protection of the health of persons imprisoned in detention facilities and the detention of investigators, gainful opportunities and the correctness of the execution of temporary arrests and penalties and measures coercive effect, as well as normal functioning in prison isolation conditions.

§ 4. Health benefits are granted primarily to persons who are deprived of their liberty by medical operators.

§ 5. Medicinal entities other than those referred to in § 4 shall cooperate with those entities, in the provision of convicted health services, where it is necessary, in particular:

1) immediate provision of health care benefits due to the threat of life or of the convicted health,

2) carry out specialized studies, treatment or rehabilitation of the convicted,

3) provide health benefits to a convicted person who uses a permit or temporary permit to leave the penal facility.

§ 6. In particularly justified cases, the director of the criminal establishment, after consulting the doctor of the criminal undertaking, may authorise the convicted, at his expense, for the treatment by his chosen other doctor, a subject other than that referred to in § 4, and for use with additional medicines and other medical devices.

§ 7. (repealed).

§ 7a. The convicted person referred to in art. 88 § 3 and 6 point 2, health benefits are provided in the presence of an officer not practising a medical profession. At the request of the person providing health benefits, health benefits may be awarded without the presence of a non-practitioner of a medical profession.

§ 7b. The provision of Paragraph 7a shall apply mutatis mutandis where the health benefit is awarded to a convicted prison of a type closed outside the premises of that establishment.

§ 8. A convicted person other than that referred to in § 7a of a health benefit may be granted in the presence of an officer not practising a medical profession at the request of the person providing the health benefit, if it is necessary to ensure its safety.

§ 9. The Minister of Justice, in agreement with the Minister responsible for health, will determine, by means of a regulation, the detailed conditions, scope and mode of health care provision by medicinal entities for persons deprived of their liberty, bearing in mind the need to ensure that persons deprived of their freedom of health care are also provided by other bodies carrying out medicinal activities where such benefits are not possible for persons who are deprived of their freedom, in the In particular, due to the lack of equipment for penal facilities and investigative detention in specialized medical equipment.

§ 10. The Minister of Justice and the Minister responsible for health shall determine, by means of a regulation, the detailed conditions, the scope and the mode of interaction of the medicinal entities with the bodies referred to in § 4, in providing health care to persons deprived of liberty where, in particular, immediate provision of a health benefit is necessary due to the threat of life or health of a person deprived of liberty, carrying out a specialist examination, treatment or rehabilitation of the person deprived of liberty, as well as providing a health benefit to the person deprived of liberty using the permit or temporary authorization to leave the criminal or investigative detention facility.

Art. 115a. [ A certificate justifying non-instability] § 1. A person deprived of his liberty, in the event of a disease preventing the appearance of the proceedings conducted by the court or body conducting the criminal proceedings, on the basis of the Code of Criminal Procedure, in which the presence of the person deprived of liberty was the obligation to take part in the task, being entitled to take part in it or by the court, on the basis of the Code of Civil Procedure, the certificate justifying the non-permanent issue shall be issued by the doctor of the entity referred to in the art. 115 § 4.

§ 2. The Minister of Justice, in agreement with the Minister responsible for health, will determine, by means of a regulation, the mode of issuing a certificate confirming the capacity or the inability to present a person deprived of liberty in the event of a disease on a notice or notice to the court or body conducting the criminal proceedings and on the manner in which the court or body is served, with a view to ensuring the proper course of the procedure; and Having regard to the specificities of health care in prison isolation conditions.

Article 116. [ Obligation to comply with the rules in the detention facility] § 1. The convicted person is obliged to comply with the rules and procedures governing the execution of the sentence laid down in the order of fine order and the execution of orders from the superiors and other persons entitled, and in particular:

1) proper behavior,

2) the observance of the personal hygiene and purity of the premises in which he is staying,

2a) to notify the superiors of his/her own illness without delay and of the symptoms observed in another convicted person,

3) surrender-irrespective of the obligations laid down in the legislation on the control of infectious diseases, veneretics and tuberculosis, alcoholism and drug addiction-provided for under the provisions of research, treatment, medical, sanitation and rehabilitation, as well as tests for the presence of alcohol, narcotic drugs or psychotropic substances in the body, and the convicted judge has ordered psychological or psychiatric examinations to be carried out in addition to providing persons with a degree of psychology or psychiatric examination. studies on health status, on diseases and injuries and the conditions under which he was raised and the performance of the tasks required for the examination by a psychiatrist or psychologist,

4) the execution of work, if specific provisions, also under international law, do not provide for exemption from this obligation, and the execution of ordinal work within the criminal establishment,

5) the care of the property of the criminal undertaking and of the institution or economic entity in which it is employed,

6. to be subject to acts intended to identify the person.

§ 2. In cases justified on grounds of order or security, the sentenced person shall be subject to personal control. For the same reasons, the purposes and the other premises in which the sentenced person is present, the items in which he is convicted are also subject to control, and the objects supplied to him or transferred by him to another person, shall also be subject to control. Control of the cell and other premises shall be carried out during the absence of the convicted

§ 3. Personal control consists of the visual inspection of the body and the examination of clothing, underwear and footwear, as well as of the objects held by the convicted person. Visual inspection of the body and check of clothing and footwear shall be carried out in the room, in the absence of bystanders and persons of different sex, and shall be carried out via a person of the same sex.

§ 4. The inspection may be carried out at any time. If necessary, a breach of guarantee seals and damage to controlled objects shall be permitted to the extent necessary.

§ 5. Items found during the inspection of objects to which the convicted person may not have, shall be detained, and the items to which the owner has been determined shall be transferred to the deposit or shall be sent to the person concerned, at the expense of the convicted person, to the person concerned. or organization. In the justified case, these items may be sent at the expense of the criminal undertaking. Items and notes which have not been established by the owner shall be destroyed, the money and the items of interest shall be transferred to the State Treasury or to the post-penitentiary aid.

§ 5a. In cases justified on grounds of medical grounds, or the need to ensure the safety of the convicted person, his conduct may be monitored. A monitored image or sound is persisted.

§ 6. Decisions in the cases referred to in § 4-5a shall be taken by the director of the criminal establishment. A protocol shall be drawn up for the destruction of objects and notes and for the transfer of money and valuables.

Art. 116a. [ Forbidden] The convicted must not:

1) participate in groups organized without the consent or knowledge of the competent supervisor,

2) use the words or phrases commonly recognized as vulgar or abusive or the guarantor of criminals,

3) to practise gambling,

4) consume alcohol and use narcotic drugs or psychotropic substances,

5) refuse to take the meals provided by the administration of the penal plant to force a specific decision or proceeding, and cause damage to the body or body of health, as well as incite or assist in making such acts,

6) perform tattoos and permit them to perform on them, as well as to urge or assist in making such acts,

7) communicate with the persons of the parties and embedded in another cell, if this would violate the order established in the establishment of the order,

8) arbitrary change of the residential cell, the place designated to sleep, the position of work and the place of execution of the commissioned task,

9) change the external appearance in a way obstructing the identification, in particular by slashing or dissenting by the convicted hair, beards or moustaches or changing their colour, unless it obtains the consent of the director of the criminal establishment.

Article 116b. [ Examination for the presence of alcohol, narcotic drugs or psychotropic substances in the body of the convicted person] § 1. The test to determine the presence of alcohol, narcotic agent or psychotropic substance in the body shall be carried out using methods that do not require laboratory testing.

§ 2. Verification of the tests referred to in § 1, made using methods that do not require laboratory testing, may be carried out by means of laboratory tests.

§ 3. The Minister for Justice shall determine, by regulation, the way in which tests for alcohol, narcotic drugs or psychotropic substances are carried out in the convicted organism, their documentation and verification, taking into account the need for ensure that the tests are carried out efficiently and that their results are reliable.

Article 117. [ Treatment of addictions] Convicted of alcohol or narcotic drugs or psychotropic substances, and convicted of an offence referred to in art. 197-203 of the Penal Code committed in connection with sexual preferences disorder involves, with his consent, appropriate treatment and rehabilitation; in the absence of consent to use treatment or rehabilitation adjudicated by a penitentiary court.

Article 118. [ Threats to life in connection with the execution of the sentence] § 1. In the event that the execution of a custodial sentence may endanger the life of the convicted or cause for his or her health a serious danger, the director of the criminal establishment, at the request of the doctor, shall immediately notify the judge of the penitentiary.

§ 2. In the event of a serious danger, at least two doctors identified, the necessary medical treatment may be carried out, without any surgical disagreement, even though the convicted person has been opposed to the death.

§ 3. In the case of a convicted disagreement, a penitentiary adjudicates the case. The order of the court shall be entitled to a complaint.

§ 4. In an emergency, if there is a direct danger of the death of the convicted, the doctor will decide that the procedure is necessary.

Article 119. [ Burden of treatment] § 1. A convicted person who, in order to extort a specific decision or proceedings of a executive or to waiver of his obligation, causes damage to his or her own body or to his health, irrespective of disciplinary action, may be laden in whole or in part of the costs associated with the treatment.

§ 2. The burden of the costs referred to in § 1 shall be ordered by the penitentiary court. The order of the court shall be entitled to a complaint.

Article 120. [ Obligation to repair the damage] § 1. In the event of a criminal infliction of damages in the property of a criminal undertaking, not exceeding twice the amount of the average monthly salary of employees, the director of that undertaking may oblige the sentenced person to make good the damage caused by the payment of the corresponding amount of money; the decision of the Director shall, accompanied by a reasoned statement, be served on the person concerned

§ 2. In order to determine that the claim does not exist in whole or in part, within 30 days of receipt of the decision of the Director, the Director shall establish that the claim is not in whole or in part.

§ 3. Recovery shall be carried out in accordance with the procedure laid down in the enforcement proceedings in the administration.

Division 5

Employment

Article 121. [ Employment of convicted persons] § 1. The sentenced person shall be provided, where possible, by the work.

§ 2. Skazane is employed on the basis of a referral to work or allows for the convicted execution of a commercial work under a contract of employment, contract contracts, work contracts, contract work contracts or on a different legal basis.

§ 3. The employment of the sentenced person shall be subject to the agreement and under the conditions laid down by the director of the criminal undertaking ensuring the proper conduct of the custodial sentence.

§ 4. Failure by a convicted person or an entity employing conditions of employment, as defined by the Director of the criminal establishment, shall constitute the basis for withdrawal of consent. The withdrawal of consent shall be notified to the convicted and the AACC.

§ 5. The director of the criminal establishment may withdraw the consent for the employment of the convicted or the pursuit of gainful employment for reasons related to the functioning of the criminal undertaking, and in particular its safety. The withdrawal of consent shall be notified to the convicted in writing and to the AACC.

§ 6. The ability of the sentenced person to work and, where necessary, the type, conditions and working time shall be determined by the doctor.

§ 7. You can release a convicted or other compelling reason from work.

§ 8. In relation to convicted working persons, in the field of unregulated in this Code, the provisions of labour law shall apply.

§ 9. Employment law is not applicable to those who have been recruited on the basis of a referral to work, with the exception of rules on working time and health and safety at work.

§ 10. Sentenced to life imprisonment in a restricted type of detention facility may only be carried out on the premises of a criminal undertaking.

Article 122. [ Working to Work] § 1. The following shall be taken into account when the work is possible, the profession, education, interests and personal needs of the convicted person shall be taken into account. If a convicted person is recruiting on the basis of a referral to work, his/her written consent shall be required in writing for the work that is harmful to health.

§ 2. Work shall be provided primarily to the convicted person responsible for maintenance, and also having a particularly difficult physical, personal or family situation.

Art. 122a. [ Labour-related obligations] § 1. The convicted instruct on how to perform the assigned work, training in occupational safety and health regulations, fire regulations and the operation of machinery and equipment, and familiarize with basic principles and standards of work and the remuneration rules for the work.

§ 2. The convicted is obliged to work conscientiously and efficiently, to observe the discipline and regulations of work, ordinal regulations, fire protection and safety and hygiene of work, as well as to take care of the order in the workplace, as well as the condition of the supported machinery and equipment.

Article 123. [ Salary for work] § 1. The work of the sentenced person shall be paid, subject to the provisions of Article 4 of 123a. The arrangements for rewarding work shall be determined in an agreement concluded by the director of the criminal undertaking or in a contract concluded by the convicted person. At the time of referral to the administrative and orderly works on the premises of the penal undertaking, the remuneration for the work shall be determined by the director of that establishment.

§ 2. The remuneration of a full-time convicted person shall be determined in such a way as to ensure that the amount of at least the minimum remuneration for the work to be determined on the basis of the separate provisions is attained, at the time of the work being worked out a full monthly working time or a full monthly working standard. In the event of a non-full monthly standard of working time or a full monthly standard of work, the salary shall be paid in proportion to the amount of working time or the standard of work performed. In the case of part-time employment, the lowest remuneration shall be set in an amount proportional to the number of hours of employment, taking as a basis the amount of the minimum wage for the work.

§ 3. The sentenced remuneration shall be granted only for the work carried out, subject to § 4.

§ 4. A convicted person shall be entitled to remuneration for the duration of the non-performance of his work only if he was prepared to do so, and he has suffered obstacles for reasons relating to the AACC.

§ 5. The entity may entrust the convicted, with the consent of the director of the criminal undertaking, with the consent of the director of the criminal undertaking, with the other appropriate work for which the remuneration provided for the work is due.

§ 6. The convicted person shall be entitled to compensation for the time of the outage due to the weather conditions only in the event of an agreement or contract referred to in paragraph 1.

Article 123a. [ Unpaid works] § 1. The remuneration of the sentenced person shall not be entitled to the work of order and auxiliary work for the business units of the Prison Service or for agendas for local or regional authorities, not exceeding 90 hours per month.

§ 2. By his written consent or at his request, the Director may authorise free employment in public works for the benefit of public administration bodies, for charitable work carried out on behalf of the public authorities, The benefit of the public benefit organisation or the agendas and ancillary work carried out in favour of the Organisational Units of the Prison Service.

§ 3. In order to be used by a convicted person, with his written consent, he may be allowed to perform unpaid work in imprisable workplaces for a period of not more than 3 months.

§ 4. The awarded prizes may be awarded for free of charge.

Article 124. [ Exemption from work and holiday leave] § 1. After a year of continuous work, the sentenced person employed on the basis of a referral to work or a contract of employment shall be entitled, at the time of the custodial sentence, to be exempted from work for a period of 14 working days, preserving the right to the remuneration, and to the sentenced person employed free of charge, 14 days of dismissal, without the right to remuneration. A convicted man may not waiver his right to an exemption from work.

§ 2. The amount of the holiday leave entitled to a sentenced person employed under a contract of employment shall be 18 working days.

§ 3. Sentenced during a period of holiday leave or dismissal, as referred to in § 1 and 2, shall exercise the powers of:

1) an additional or longer view,

2) an additional purchase of food items and tobacco products and items admitted for sale in the detention facility,

3) longer strolls,

4) priority or more frequent participation in cultural and educational activities, in the area of physical culture and sport.

§ 4. The scope of the powers referred to in § 3 shall be determined by the director of the criminal establishment individually for each convicted person.

Article 125. [ Allowances for inconvenience, dangerous or harmful to health] § 1. 10% of the amount of the remuneration for the work of the Fund for the purposes of the Fund referred to in Article 3 (1) of the basic Regulation 43 and 25% for the Fund for Occupational Participation and Development of Prison Inmates, established on the basis of art. 6a of the Act of 28 August 1997. employment of persons deprived of liberty (Dz. U. No 123, pos. 777, of late. zm.).

§ 2. In the case of a convicted salary for a job, after deducting an advance payment on personal income tax, it shall be free at any time from the execution of 60%.

Article 126. [ Collection of cash] § 1. Of the cash received by the convicted, with the exception of the measures referred to in Article 113 § 6 paragraphs 1 to 3, measures up to one average monthly salary of employees shall be collected and retains for transfer to the convicted person at the time of his release from the penal facility, for the purpose of crossing to the place of residence and on the maintenance; these measures shall not be executed.

§ 2. The collection shall be subject to:

1) 50% of the amount deposited by the convicted at the admission to the criminal establishment, however, not more than the amount corresponding to the amount of one average monthly salary of the employees,

(2) 50% of the monthly remuneration for the work after deduction of the advance on personal income tax, but not more than the amount of 4% of one average monthly salary of the employees,

3) 50% of each of the proceeds of the convictions not listed in points 1 and 2, however, no more than the amount constituting 4% of one average monthly salary of employees.

§ 3. The amounts referred to in § 2 (2) and (3) shall be subject to collection after deduction of amounts receivable in the enforcement proceedings.

§ 4. The cash collected in the manner indicated in § 1-3 the penal undertakings shall lodge in the accounts the deposit sums and shall pay the convicted in cash in the nominal amount plus the interest due.

§ 5. The accounts of deposit sums referred to in § 4 shall be carried out by the Bank Gospodarstwa Krajowego separately for each penal facility on the basis of contracts concluded with the directors of penal establishments.

§ 6. The Bank of the National Holding shall ensure, in particular, the accounts of the deposit sums of the penal establishments:

1) the analytical records of the funds for individual deposits (microaccounts) within each account,

(2) the daily accrual of interest and the periodic capitalisation of interest due on the funds collected on each microaccount,

3) the possibility of exchanging information with the disposals of the accounts, in terms of the state of each microaccount (capital and interest), contributions to each microaccount and disbursements from each microaccount.

§ 7. The funds deposited in the accounts of deposit sums are remunated at the rate of the deposit rate of the National Bank of Poland. The interest calculated on the deposit sums submitted in the accounts of the deposit sums of the penal establishments shall be subject to annual capitalisation at 31 December of each calendar year and on the date of release of the convicted from the penal facility.

§ 8. With the execution of the convotion of the convicted to another criminal establishment, it shall be transferred to the account of the deposit sums of that penal facility of the convicted cash collected for him in the manner indicated in § 1-3 together with the due date of the day preceding the day convotion of interest.

§ 9. The amount collected shall be supplemented in each case in the event of an increase in the average wage. The replenished shall be made of the proceeds of the convicted cash obtained from the first day of the month following the day of the announcement of the message of the President of the Central Statistical Office on the average remuneration.

§ 10. The cash referred to in § 1, at the request of the convicted person, shall be transferred to the repayment of the fine, which has been converted into a replacement custodial sentence or a replacement sentence of detention.

Article 127. [ Constituent Periods] § 1. Periods of work for which the sentenced person is entitled to a remuneration, except in the case of works referred to in Article 4 (1) of the Rules of Remuneration. 123a (1), (2) and (3), shall be the constituent periods in accordance with the provisions laid down in the provisions on the provision of pension rights for workers and their families.

§ 2. The convicted deed from the criminal establishment, employed at the time of serving a custodial sentence on the basis of a referral to work, shall receive a certificate of performance of work.

Article 128. [ Occupational rights] § 1. The periods of execution by the convicted paid employment, excluding work carried out under civil law contracts, shall be included in the working period on which the employees ' rights are subject, subject to paragraphs 2 and 3.

§ 2. The provision of Paragraph 1 shall not apply if, under the law or the provisions of the collective labour force, only periods of employment of a particular job, in a particular industry or periods of work in specific positions are included in the job. the work carried out under specific conditions.

§ 3. The period of work referred to in paragraph 1 shall not be included in the working period:

(1) on which the acquisition of the right to a holiday or other benefit at the end of a working year or a period of less than one year depends on the acquisition of the right to leave,

2) required to occupies a particular position of work.

Article 129. [ Delegation] § 1. The Council of Ministers may lay down, by means of a regulation, the rules and the mode of entrustment to economic operators, institutions or organisations with specific tasks in the field of employment and teaching of convictions and postpenitentiary care.

§ 2. (deleted).

§ 3. The Minister of Justice shall determine by way of regulation the detailed rules for the employment of convicted persons, taking into account the types of employment, the rules governing the remuneration of sentenced persons employed on the basis of a referral to work, of convictions exemption from work or holiday leave, reasons and ways of justifying non-work and documenting employment.

Division 6

Teaching

Article 130. [ Compulsory teaching] § 1. In penal institutions, compulsory education is carried out in primary and middle school, and it is also possible to teach in the field of supranational (upper-secondary) and vocational courses. Professional exchange rate training may be paid in full or in part.

§ 2. The criminal establishment is obliged to teach, according to the possibilities and abilities of the juvenile convicts referred to in § 3.

§ 3. Priority is given to the possibility of covering teaching at a secondary (post-secondary) school and at vocational courses have convicted, who do not have an apprentice or after serving a sentence, they will not be able to perform it, and have not completed 21 years. of life.

§ 4. No sufficient cash shall be made available free of charge to the necessary manuals and scientific aids.

§ 5. In justified cases, the convicted may, at his own expense, be educated in schools outside the criminal establishment with the consent of the director of the establishment. The costs of the training of convicted persons outside the criminal undertaking, due to the particular circumstances, may be incurred by the penal establishment.

§ 6. In the event of serious grounds for preventing a convicted implementation of the obligation to teach, it is possible to temporarily exempt it from the implementation of that obligation.

Article 131. [ Learning outside of the penal plant] § 1. Convicts may, with the consent of the director of the criminal undertaking, learn in schools outside of the criminal establishment if they comply with the generally applicable requirements of the public education, behave correctly and do not jeopardise the legal order.

§ 2. The Director may authorise the sentenced to participate in the consultation and sentence of examinations outside the criminal establishment if he/she fulfils the conditions listed in § 1.

§ 3. The provisions of § 2 shall not apply to imprisonment of life imprisonment.

Article 131a. [ Deprivation of teaching capacity] The Commission of the penitentiary deprives the possibility of teaching in the area not covered by compulsory education in cases:

(1) the behaviour that threatens the safety of the plant,

2) refusal to attend school,

3) found in the opinion of psychological contraindications preventing the fulfilment by the embedded educational requirements,

4) a break in learning longer than 50% of the time provided for the implementation of the classes in the semester, resulting from the carriage at the order of the court, the prosecutor's office or other authorized bodies,

5) a break in learning longer than 50% of the time provided for the implementation of the classes in the semester, resulting from the failure to return from the temporary permit to leave the plant,

6) deterioration of the state of the embedded health precluding the possibility of participating in teaching,

7) not to obtain a promotion for a higher semester and a lack of possibility to repeat the semester.

Article 132. [ Practical Learning of the profession] Work in school workshops and the practical learning of the profession is mandatory if it results from the curriculum. Practical training of the profession can be combined with production work, if it is compatible with this programme.

Article 133. [ Acquisition of the right to leave] A period of 14 days ' leave may be granted to a convicted discharge of his duties after a year of instruction if he is not entitled to such leave on the basis of his work under which he or she benefits from such allowances and benefits during the period of leave. shall be entitled to a convicted working person.

Article 134. [ Delegation] The Minister of Justice, in agreement with the Minister for Education and Education, shall determine, by means of a regulation, the manner and mode of teaching in detention facilities and the detention of investigators, the conditions and mode of implementation of the obligation to teach and to release the convicted from this obligation, as well as the conditions and mode of payment for training outside of the criminal establishment, taking into account the need to adapt the types and forms of attaining the convicted education and professional qualifications to the conditions the criminal and investigative detention facilities, the specificity of the teaching carried out in the conditions of prison isolation, as well as the need to ensure discipline and order during teaching.

Division 7

Cultural and educational activities, social, physical culture and sports activities

Article 135. [ Cultural-educational activities] § 1. In penal facilities, the conditions for a reasonable period of free time are created. To this end, it organises cultural and educational activities, physical education and sports, and stimulates the social activity of convictions.

§ 2. In particular, the rental of books and press for convicts is carried out in every penal plant and provides an opportunity for the use of audiovisual equipment in luminous and residential areas. Using these devices, the convicted shall not disturb the established order in the plant.

Article 136. [ Cultural activities carried out by convicts] § 1. Convictions can be allowed to create teams for the purpose of conducting cultural, educational, social and sporting activities. For these reasons, it is also possible to allow contacts to be established and to interact with the relevant associations, organisations and institutions. In particular, it is possible to allow work to be taken on public objectives, as well as for the implementation of other socially recognised objectives.

§ 2. The director of the criminal establishment may appoint ombudsmen convicted in order to entrust their opinion-forming and consultative tasks to them.

§ 3. For the performance of tasks related to cultural and educational activities, from the scope of physical culture and sport, the director of the criminal establishment may appoint convicts distinguished by exemplary attitude and behaviour.

Art. 136a. [ Collection of financial resources] § 1. Voluntary collection by convicted financial resources earmarked for convicted aid and their families in difficult material situations or social objectives may be permitted in criminal establishments.

§ 2. The rules for the collection of financial resources referred to in § 1 shall be determined by the director of the criminal establishment, after hearing the opinions of the convicted.

§ 3. Applications for disbursement of the accumulated financial resources referred to in § 1 shall be subject to the approval of the Director of the criminal establishment.

Division 8

Awards and relievments

Article 137. [ Awards] A convicted distinguished by good behaviour at the time of his punishment may be awarded prizes. The prize can also be awarded to a convicted person in order to encourage him to improve behavior.

Article 138. [ Types of prizes] § 1. The prizes are:

1) permission for additional or longer vision,

2) permission for the vision without the caretaker,

3) permission to be seen in a separate room, without the caretaker,

4) tarnition of all or some disciplinary penalties,

5) prize in kind or cash,

6) (repealed),

7) permit for wiping without supervision, outside of the criminal establishment, with the person nearest or a trustworm person, for a period not exceeding one time 30 hours,

8) permission to leave the penal facility without supervision, for a period not exceeding one time 14 days,

9) praise,

10) permit to participate more frequently in cultural and educational activities, in the area of physical culture and sport,

11) permission to transfer to the person indicated by the convicted gift,

12) permission to hold a vigil in her own clothing,

13) permission to receive an additional food parcel,

14) permission to make additional purchases of food items and tobacco products and items admitted for sale in the detention facility,

15) permission for a telephone agreement to be convicted with the person indicated by him at the expense of the criminal establishment.

§ 2. (repealed).

Article 139. [ conditions for awards] § 1. Awards mentioned in art. 138 § 1 point 7 or 8 may be awarded to a convicted person whose attitude during the serving of the sentence justifies the presumption that during his stay outside the penal plant he will abide by the legal order, after he has held at least half of that part of the sentence, after which could be conditionally released on a conditionally-subject.

§ 2. Award of prizes mentioned in Art. In accordance with Article 138 (1) (7) or (8), on a temporary basis, the rights and obligations of the sentenced person holding a custodial sentence shall be subject to the issuing of an order by the authority at the disposal of which he or she remains.

§ 3. The total number of awards mentioned in art. 138 § 1 point 7 shall not exceed 28 per year.

§ 4. The total duration of the prizes mentioned in Art. 138 § 1 point 8 shall not exceed 28 days per year.

§ 5. Sentenced to life imprisonment subject to the award of the prize in Art. 138 § 1 point 7 or 8 may be granted after serving at least 15 years of punishment.

§ 6. Award of the award referred to in Article 4 138 § 1 points 7 or 8 of a sentence of 25 years imprisonment or life imprisonment, in a closed detention facility, shall require the consent of the judge of the penitentiary.

§ 6a. The provision of § 6 shall apply mutatis mutandis to a convicted sexual imprisonment of a custodial sentence of a type closed for a criminal offence referred to in Article 6. 197-203 of the Penal Code, committed in connection with these disorders.

§ 7. Awards mentioned in art. 138 § 1 point 7 or 8 of the director of the criminal establishment shall grant from the office or at the written request of the supervisor of the convicted. The director of the criminal establishment may authorise the manager of the isolated branch to award the prize referred to in Article 4. 138 § 1 point 7.

§ 8. If, after the award of the award, referred to in Article 138 § 1 points 7 or 8, there will be new circumstances justifying the presumption that the convicted person during his stay outside the penal plant will not abide by the legal order, or if the convicted beneficiary of the award specified in Art. 138 § 1 point 7 or 8 will be detained by the authorized body in connection with the violation by him of the legal order during the course of the award, the body which awarded the award, decides to revoke the award or to exchange the prize for another. In the case referred to in paragraph 2, the authority which issued the order shall be notified.

§ 9. Convicted, who, using the prizes mentioned in art. 138 § 1 points 7 and 8, abused the trust, and in particular not returned to the penal facility within the prescribed period, shall not be granted these awards for a period of at least 6 months after the last award.

Article 140. [ Obligations of the convicted benefiting from the prizes] § 1. In case of use by the convicted of the prizes mentioned in art. 138 § 1 point 7 or 8 or of the authorisation referred to in art. 141a or in art. 165 § 2, he is obliged to report immediately to the Police Unit, appropriate territorially for the place of his residence during the period of use of the permit, in order to confirm the whereabouts.

§ 2. A convicted beneficiary of the authorisations referred to in paragraph 1 shall, in any event of a change of residence, be required to report immediately to the competent Police Unit territorially for the new place of residence.

§ 3. The director of the criminal undertaking may oblige the convicted, beneficiary of the authorisations referred to in paragraph 1 to the specified behaviour and, in particular, to be present in the residence permit or the frequent reporting of the Police Unit.

§ 4. The time of the residence of the convicted outside the criminal establishment on the basis of the permits referred to in § 1 shall not be deducted from the period of the sentence, unless the judge of the penitentiary ordered otherwise in the case when the convicted at that time abused the trust.

Article 141. [ Ulgi] § 1. In cases of particularly justified family conditions or personal convictions, the rewards may be used as relief.

§ 2. It shall not be granted as an ulg of prizes listed in Article. 138 § 1 points 7 or 8.

§ 3. The relief shall be granted by the director of the criminal undertaking or by the person authorised by him at the request of the convicted or the person who is closest to, or at the request of the convic

§ 4. (repealed).

Article 141a. [ Permit to leave the penal facility] § 1. The director of the criminal establishment may grant the convicted authorization to leave the penal facility under the convoy of a Prison Service officer, a person of trustworthy or self-reliant, for a period not exceeding 5 days, in order to visit the seriously ill member of the family, participation in the funeral of a member of the family and in other cases particularly important for the convicted.

§ 2. (repealed).

§ 3. The granting of an authorisation referred to in paragraph 1, on a temporary basis, to the custody of the law and of the duties of a convicted imprisonment shall be subject to the issue of an order of consent by the authority at the disposal of which he is temporarily arrested.

§ 4. Article Recipe 139 § 8 shall apply mutatis mutandis.

§ 5. A complaint shall be made to the decision referred to in paragraph 1.

Division 9

Disciplinary penalties

Article 142. [ Liability for overruns] § 1. The convicted shall be liable to disciplinary action for the failed violation of orders or prohibitions resulting from the Act, the Rules of Procedure or any other provisions issued on its basis or fixed in a detention facility or a place of work order, hereinafter referred to as 'overrun'.

§ 2. If the overrun contains the marks of a misdemeanor, the convicted shall be liable to disciplinary action, unless the offence is committed during the stay outside of the criminal establishment.

Article 143. [ Types of disciplinary penalties] § 1. The disciplinary penalties shall be:

1) nagana,

2) deprivation of all or some not used by the convicted prize or the ulg or suspension of their execution, for a period of up to 3 months,

3) deprivation of the use of participation in certain cultural-educational or sporting activities, with the exception of the use of books and the press, for a period of up to 3 months,

4) deprivation of the possibility of receiving food parcels, for a period of up to 3 months,

5) deprivation or restriction of the possibility of making purchases of foodstuffs or tobacco products, for a period of up to 3 months,

6) the provision of visions in a manner that prevents direct contact with the visitor, for a period of up to 3 months,

7) a reduction in the convicted part of the remuneration for the work, not more than by 25%, for a period of up to 3 months,

8) placing in the insulating cell for up to 28 days.

§ 2. The disciplinary measures listed in § 1 (4), (5) or (8) shall not apply to pregnant women who are pregnant, nursing or caring for their own children in their mother's and child's homes.

§ 3. The disciplinary penalty referred to in paragraph 1 (8) may be traced back to a convicted person who has committed an exceedance of the criminal discipline and order in a serious step in the establishment of the criminal offence. This penalty consists in deposition of a convicted one in a cell and of preventing him from being in contact with other convicted persons; in the course of his conviction, he shall be deprived of the possibility of:

1) the use of visions and self-infused telephone sets,

2) the use of audiovisual and computer equipment,

(3) to participate directly, together with other convicts, in meetings, religious meetings and religious studies; however, at the request of the convicted person, he should be allowed to participate directly in the service under conditions which prevent him from coming into contact with him. other convicts,

4) the use of participation in cultural and educational activities, with the scope of physical culture and sport, with the exception of the use of books and press,

5) making purchases of food products and tobacco products,

6) (repealed),

7) to participate in teaching and employment outside the customs,

8) use of own clothing, footwear and tobacco products.

Article 144. [ The decision to punish the disciplinary punishment] § 1. Disciplinary penalties referred to in Article 143 § 1 points 4, 5, 7 and 8 of the General Director of the criminal undertaking and other penalties-also the person authorized by him.

§ 2. The disciplinary proceedings shall be made either from the office or at the written request of the superior of the convicted person.

§ 3. The decision to punish the disciplinary punishment should include a precise determination of the overrun committed by the convicted person.

§ 4. The decision to punish the disciplinary punishment shall be made in writing and shall be made known to the convicted person, and when the parental care for this is also the case of another convicted or other person. That provision shall also apply to the decision to repeal, give, postpone, replace, suspend or terminate a disciplinary penalty, and to waive the disciplinary penalty.

§ 5. The decisions referred to in paragraph 1 shall be entitled to a complaint.

Article 145. [ Disciplinary procedure for disciplinary penalties] § 1. The disciplinary penalty shall take into account the degree of envy and the principle of individualisation, in particular with regard to the type and circumstances of the act, the relation to the overrun, the current attitude, the personality traits and the state of health of the person. It is also the main objective of the European Union.

§ 2. Before the disciplinary penalty is imposed, he shall be heard by the person concerned, who shall consult the educator's opinion and, if necessary, the applicant for the punishment and the opinions of other persons, as well as the statements of the witnesses. The proceedings may take place in the presence of other convicted persons, if they speak for these reasons for parental care.

§ 3. Before extinction of the convicted disciplinary penalty referred to in Article 143 § 1 point 8 of the doctor or psychologist gives a written opinion of his/her ability to do this punishment. The punishment of the sentence above 14 days requires the consent of the judge of the penitentiary.

§ 4. Prior to the death of the convicted disciplinary penalty, as referred to in Article 143 (1) (4) and (5), to which additional purchases of foodstuffs have been authorised due to the state of health, or to receive parcels or diets more frequently, consult a doctor as to the effects on the health status of the convicted person. the targeting of this penalty.

§ 5. After having consulted the doctor, the Director shall decide whether to postpone the execution of that penalty.

Article 146. [ Extinction of the Disciplinary Penalty] § 1. Only one disciplinary penalty shall be issued for one overrun. In a case where a convicted man has committed more overruns before being punished for any of them, he shall be punished by one penalty, respectively, by a stricter penalty.

§ 2. Reputation of the disciplinary penalty shall not take place in such a way that it is directly extended to the same penalty, unless the total duration of the punitive penalties does not exceed the prescribed limit for the duration of that penalty.

§ 3. In cases justified by educational reasons, disciplinary action may be waiving, the execution of the sentence imposed shall be suspended for a period of up to three months, and may be replaced by a different less-than-or-penalty-penalty. After the expiry of the period of suspension, the imposed penalty shall be deemed to have been carried out.

§ 4. If, during the period of suspension of the execution of the disciplinary penalty, the convicted person has committed an overrun, the suspended sentence shall be executed, unless the director of the criminal undertaking decides otherwise.

Article 147. [ Enforcement of disciplinary penalties] § 1. A disciplinary penalty cannot be traced if, as of the day of the recapture, 14 days have elapsed or the day on which it has been committed, 30 days after the time of the commission's notification. The execution of a disciplinary penalty shall not be initiated after 14 days after the execution of the disciplinary action.

§ 2. The terms referred to in § 1 shall not run if the convicted is outside the criminal establishment without a permit or in connection with the treatment resulting from self-harm or the legitimate application of direct coercive measures, and during the period suspension of the execution of the disciplinary penalty.

§ 3. The limitation of the execution of the disciplinary penalty shall not run in the course of the execution of the same penalty, which has been previously imposed.

Article 148. [ Enforcement of disciplinary penalties] § 1. The disciplinary penalty shall be carried out without delay. A penitentiary judge may withhold the execution of a disciplinary penalty for the time needed to clarify the circumstances justifying its dismissal, and to waive the disciplinary penalty because of its invalidity or to refer the matter to the director of the plant Retrial.

§ 2. If the state of the convicted health precluded the execution of a disciplinary penalty in whole or in part, it shall be postponed or interrupted or replaced by a disciplinary penalty which the convicted may take. The decision in this respect shall be taken by the director of the criminal undertaking, after having consulted the doctor.

§ 3. At the time of execution of the disciplinary punishment of placement in an isolation cell, a doctor or a psychologist controls the ability of the convicted to perform that punishment.

§ 4. At the time of the execution of the disciplinary penalty referred to in paragraph 3, the director of the penal undertaking may, in cases justified by family, personal or educational grounds, authorise the convicted person to see or speak to the telephone.

Article 149. [ Repeal of Disciplinary Penalty] If new facts or evidence have not been known before, indicating that the innocence is being punished, the director of the criminal undertaking shall waive the disciplinary penalty and shall consider it to be non-former, and shall take the appropriate decision to repeal the effects. punishing.

Division 10

Deferral and interruption of the execution of a custodial sentence

Article 150. [ Severe disease] § 1. The execution of a custodial sentence in the event of a mental illness or other severe illness preventing the execution of that sentence shall be postpone by the court of departure until the obstacle is established.

§ 2. A severe illness is considered to be such a state of convictions in which placing him in a detention facility may endanger life or cause serious danger to his or her health.

Article 151. [ Deferral of execution of custodial sentence] § 1. The court may postpone the execution of a custodial sentence for a period of up to a year, if the immediate execution of the sentence would entail for the convicted or his family too severe effects. The court may postpone the execution of the sentence up to 3 years after the birth of the child in relation to the convicted pregnant woman and the person of the convicted solicitor who is in custody.

§ 2. The Tribunal may postpone the execution of a custodial sentence of up to one year, if the number of inmates in detention facilities or the detention of investigators exceeds, on the scale of the country, the total capacity of these establishments; the postponed shall not be granted to the convicted, who they have committed crimes of violence or threat of use, convicted in accordance with Article 4 (1) of the Regulation. 64 § 1 or 2 or in art. 65 of the Penal Code, as well as convicted of offences referred to in Art. 197-203 of the Penal Code committed in connection with sexual preferences disorders.

§ 3. A deferral may be granted several times, but the cumulative deferral period may not exceed the periods indicated in § 1; the period of deferral shall run from the date of the first provision on the subject.

§ 4. By posturing the execution of a custodial sentence, the court may oblige the convicted to take an effort to find a gainful employment, to report to the indicated Police Unit at specified intervals or to undergo appropriate treatment or rehabilitation, therapeutic interactions, or participation in educational and educational programmes.

§ 5. In the execution of a decision to postpone the execution of a custodial sentence against a convicted person who has been obliged to carry out the duties referred to in § 4, the court shall apply the Articles accordingly. 14.

Article 152. [ Conditional suspension of execution of the sentence] § 1. If the postponement of the execution of a sentence not exceeding a year of imprisonment has lasted for a period of at least one year, the court may conditionally suspend the execution of that penalty under the rules laid down in Article 69-75 of the Penal Code.

§ 2. An application for conditional suspension of the execution of a custodial sentence may also be submitted by a judicial curator.

§ 3. The decision on the conditional suspension of execution of the sentence shall be entitled to a complaint; the public prosecutor, the convicted and the defender shall be entitled to take part in the hearing, and the court curator shall be entitled if he has lodged an application for the purpose of the application.

Article 153. [ Break in execution of the sentence] § 1. The court of penitentiary shall take a break in the execution of the sentence in the case referred to in Article 150 § 1 by the time of cessation of obstacles.

§ 2. The penitentiary court may give a break in the execution of a custodial sentence if they speak for this important family or personal considerations. The provisions of Article 4 151 § 3-5 shall apply mutatis mutandis.

§ 2a. An application for a break in the execution of a custodial sentence may also be submitted by the director of the criminal establishment.

§ 3. A break may not be granted before the end of the year from the date of completion of the previous break and return to the penal facility, unless there is an accident of a mental illness or other severe convictions or other random casuation.

§ 4. (repealed).

§ 5. A court which gave a first break is the competent local authority to grant further breaks. It is also competent for the decision of the recess referred to in § 3, if the convicted is still on the loose.

Article 153a. [ Entitled to attend a meeting on deferral or break] § 1. In the event of a postponed or a break, the prosecutor, convicted and his defender shall be entitled to take part, as well as to the judicial officer or the director of the criminal undertaking, if they have lodged an application for an order.

§ 2. The order for deferral or recess shall be entitled to a complaint.

Article 154. [ The complaint to the decision to take a break] § 1. If the procurator has declared that he opposes the interruption, the decision to grant a break shall be enforceable as soon as the person concerned is entitled to a right of interruption.

§ 2. The complaint lodged by the prosecutor is subject to recognition within 14 days.

Article 155. [ Conditional release from the rest of the penalty] § 1. If the detention of a custodial sentence lasted at least one year, and the sentenced person has held at least 6 months of sentence, the court of penitentiary may, on a conditional basis, exempt the convicted from serving the rest of the sentence in accordance with the rules laid down in the article. 77 of the Penal Code, the exemption may take place at any time, without any restriction under Article 4. 78 and 79 of the Penal Code.

§ 2. The provision of § 1 shall not apply if the penalty or the sum of the custodial sentences exceeds 3 years.

§ 3. The order referred to in paragraph 1 shall be entitled to a complaint.

Article 156. [ Deferral of execution of the sentence] § 1. Deferment of the execution of a custodial sentence of a court may cancel in the event of a cessation of the reasons for which it was granted, or in the event of a convicted not exercising a deferral to the purpose for which it was given, or grossly violating the legal order, as also due to the failure to perform the obligations laid down in Art. § 4.

§ 2. Paragraph 1 shall apply mutatis mutandis to a break in the execution of a custodial sentence; the decision to revoke the recess shall be issued by the court of the penitentiary which granted it.

§ 3. The competent court shall cancel a deferral or a recess in the execution of a custodial sentence if the circumstances referred to in § 1 and 2 do exist after giving the convicted written admonition by a judicial professional curator, unless they speak against This is particularly important.

§ 4. If, in the course of a break in the execution of the sentence of imprisonment, the sentenced person has been temporarily arrested, the imprisonment of which he has been interrupted shall be executed by law.

§ 5. Article 4 (4) shall apply mutatis mutandis to the postponed execution of a custodial sentence, except that, in the event of a postponed, the court shall immediately refer the decision to be executed

Article 157. [ Appeal of the postponement of the penalty against the soldier] The postponement of the execution of a custodial sentence against a soldier of the court may also revoke the application of the competent commander.

Article 158. [ Application for exemption from the execution of a custodial sentence] An application for an exemption from the execution of a custodial sentence referred to in Article 336 § 3 and 4 of the Penal Code, may also submit an entity's commander. The time limit for submission of the application shall be completed on the date of completion of the service by the soldier.

Art. 158a. [ The complaint to the order of revocation of a deferral or a break or request for exemption from the execution of a custodial sentence] The order on the appeal of a postponement or a recess, as well as the application for exemption from the enforcement of the custodial sentence referred to in Article 4 (1), 336 § 3 and 4 of the Penal Code shall be entitled to a complaint.

Division 11

Conditional early release

Article 159. [ Probation of the probation officer] § 1. A conditionally released penitentiary may, during the period of the trial, give up under the supervision of the probation officer, the trustworthy person, the association, organisation or institution to which the care needs to be raised, the prevention of demoralisation or the assistance of the convicted person, and to impose on him the obligations laid down in Article 4. 72 § 1 of the Penal Code, and if the damage done to the crime for which the convicted is punished has not been repaired, rule the obligation laid down in Art. 72 § 2 of the Penal Code. To be convicted of a criminal offence referred to in Article 4. 197-203 of the Penal Code, committed in connection with sexual preferences disorders, the juvenile perpetrator of the intentional criminal offence, the perpetrator referred to in art. 64 Penal Code, as well as for life imprisonment sentenced to life imprisonment, is mandatory.

§ 2. The release, which has been obliged to perform the duties associated with the trial period and has not been allocated under the supervision, shall be obliged to:

1) without delay, and at the latest within 7 days from the dismissal of the criminal establishment, to report to the judicial curator of the district court, in which the district will have the place of permanent residence,

2) to report to the judicial professional curator within the time limits specified by him and provide explanations as to the course of the trial period,

3) not changing without the consent of the court of the place of permanent residence,

4. the performance of the duties imposed on him

-the court shall be conditional upon the conditionally released.

§ 3. In the event of a conviction, the court shall instruct the convicted person of the obligation under Article 4. 169 § 2.

Article 160. [ Conditional Release Reference] § 1. The court of penitentiary cancels the conditional release if released during the period of the trial committed a deliberate offence, for which the final sentence of imprisonment without conditional suspension of its execution was ordered.

§ 2. The penitentiary court cancels the conditional release, if released, convicted of a crime committed with the use of violence or a threat of unlawful to the person nearest or another person of a minor residing together with the perpetrator, in the period of the trial grossly violate the legal order, again using violence or a threat to the nearest person or any other person who is a minor living together with the perpetrator.

§ 3. A penitentiary court may revoke the conditional release if the probable ceases in the period of the trial grossly violate the legal order, in particular, committed another offence or a penalty other than that referred to in § 1 or when it is repealed from supervision, execution the obligations imposed or the criminal measures imposed, forfeiture or compensatory measures.

§ 4. The court refers to the conditional release of the convicted, if the circumstances referred to in § 3 do exist after giving the convicted written admonition by a judicial professional curator, unless they speak against this particular consideration.

§ 5. When convicted was given under the supervision of a person of trustworthy, association, organization or institution referred to in art. 159 § 1, a request for the appeal of conditional release may also be submitted by that person or representative of this association, organization or institution.

§ 6. In the hearing on the appeal of the conditional release, the public prosecutor, convicted and defender is entitled to take part, the judicial curator, and where the convicted person remains under the supervision of a person of trust, association, organisation or institution, of which he or she Article 159 § 1, also this person or representative of this association, organisation or institution.

§ 7. The decision on the appeal of a conditional exemption shall be entitled to a complaint.

§ 8. In the event of a conditional release, the exemption shall not be counted against the penalty of the period spent on the freedom.

Article 161. [ Application for conditional release] § 1. The conditional release of the court of the penitentiary at the meeting, which should be held in a detention facility. The meeting shall have the right to take part in the prosecutor, the convicted and the defender, as well as other persons who serve the right to apply for conditional release if such a request has been filed.

§ 2. An application for conditional release may also be submitted by the director of the penal establishment or the judicial curator.

§ 3. If the sanction or the sum of the penalties does not exceed 3 years of imprisonment, the application of the convicted or his defender, filed before the expiry of the 3 months after the issuance of the order of refusal of conditional release, shall not be recognized until the passage of that period.

§ 4. If the penalty or the sum of the penalties exceeds 3 years of imprisonment, the application of the convicted or his defender, filed before the expiry of 6 months after the issuance of the order of refusal of conditional release, shall not be recognized until the passage of that period.

§ 5. At the same time, the director of the criminal establishment, submitting an application for conditional release, shall at the same time forward an opinion drawn up by the administration of a criminal undertaking containing, in particular, the criminological/social forecast In other cases, the director of the penal undertaking shall, at the request of the penitentiary, or at the request of the convicted applicant, send an application for conditional release.

Article 162. [ The complaint to the order refusing conditional release] § 1. The penitentiary court shall hear the representative of the administration of the criminal establishment and the judicial curator if he/she applied for a conditional release, and shall take account of the settlement concluded as a result of mediation. In an accident convicted of an offence referred to in Article 197-203 of the Penal Code, committed in connection with sexual preferences disorders, the conditional release cannot be granted without consulting the experts.

(2) The decision on the conditional exemption shall be granted for a complaint. It shall be recognised within 14 days. Article Recipe 154 § 1 shall apply mutatis mutandis.

§ 3. The decision refusing to grant conditional exemption shall also be entitled to a complaint to the Director of the penal undertaking or to the judicial officer if they have applied for conditional release.

Article 163. [ Property of the Court of Penicientiary] § 1. In cases relating to the enforcement of the decision on conditional release and on the dismissal of the conditional release the competent court is competent to grant an exemption, and, if the release remains under the supervision, the court of the penitentiary, in which the caretaker district is executed.

§ 2. The penitentiary may, within the limits laid down in art. 80 § 1 and 2 of the Penal Code, change the trial period. The Tribunal may also, during the period of the trial, establish, extend or amend the obligations set out in Article 4. 72 § 1 of the Penal Code or from the exercise of the obligations imposed, exempt, with the exception of the obligation mentioned in Art. 72 § 2 of the Penal Code, as well as to give the convicted under or from the dispensation to release. An application for a decision may also be submitted by a judicial curator.

§ 3. In executing a judgment of conditional release against a convicted who has not been granted under supervision or obliged to perform the duties of the trial period, the penitentiary court shall apply the Articles accordingly. 14.

§ 4. The order issued under § 2 shall be entitled to a complaint.

Division 12

Release of convictions from penal undertakings and conditions for granting them assistance

Article 164. [ Preparation of the sentenced to life after release] § 1. The period of up to six months before the anticipated conditional release or prior to the execution of the sentence shall constitute, where necessary, the time necessary for the preparation of the sentenced to life after release, especially for the establishment of contact with the judicial curator or entities, o which are referred to in art. 38 § 1. This period shall, with the consent of the convicted, determine the penitentiary committee.

§ 2. The period referred to in § 1 may also appoint a penitentiary court in the order to grant or refuse conditional release, if it deems it necessary.

Article 165. [ Permit to leave the plant] § 1. During the period referred to in art. 164, the convicted person should, as far as possible, be punished in the appropriate detention centre nearest to the future location of the habitual residence.

§ 2. The convicted may be allowed to leave the penal facility, in total for up to 14 days, in particular in order to make efforts to obtain after the release of the appropriate residency and work opportunities. The permission to leave the plant may be awarded to a convicted person whose attitude during the period of the sentence justifies the presumption that, during his stay outside the penal plant, he will abide by the legal order. Authorisation shall be granted by the Director of the Article Recipe 139 § 8 shall apply mutatis mutandis.

§ 3. Court curator or entities referred to in art. Article 38 (1) establishes, with the convicted scope, the necessary assistance in social readaptation and the way in which it is to be granted.

§ 4. If the convicted person does not have an identity document, the administration of the criminal undertaking shall take the necessary steps to obtain such a document. The convicted person has an obligation to cooperate in this respect.

Article 166. [ Provision of emergency aid] § 1. The competent authorities or institutions shall provide the necessary emergency assistance to the convicted convicted, in difficulties in finding employment, accommodation and the receipt of the necessary medical assistance.

§ 2. The director of the criminal establishment, releasing the convicted, gives him information about the possibilities of obtaining the necessary assistance. In the event of release of the convicted person for the offence referred to in Article 197-203 of the Penal Code, committed in connection with sexual preferences disorders, the director of the facility gives notice to the Police Unit, competent for the place of stay convicted after his release.

§ 3. A criminal convicted from a penal facility that does not have sufficient own resources and is not provided with sufficient means of subsistment, the director of the criminal undertaking may grant monetary assistance at the time of the dismissal to the 1/3 of the average monthly salary of employees or its equivalent; the own resources of the convicted person shall constitute the funds in the deposit and shall be transferred in accordance with the provisions of Article 4 (1). 126 § 1.

§ 4. Convicted on the basis of art. Article 47 (2) does not provide monetary assistance, unless particular considerations are given in favour of such assistance; in this case, aid may be granted in the form of clothing, underwear, footwear, travel tickets, and food items on the journey time, in so far as necessary to leave the penal facility. The decision to grant the aid shall be taken by the director of the

Article 167. (repealed).

Art. 167a. [ Items issued at the time of release] § 1. Upon release from the penal facility, the convicted shall receive, for receipt, the documents, money, valuable objects and other objects in the deposit, if they are not detained or seized by way of security or execution.

§ 2. The convictions shall also receive a certificate of exemption from the penal facility and a certificate of employment. The convicted person shall be informed of the need for further treatment and shall receive the results of the diagnostic tests necessary for further medicinal or diagnostic treatment.

§ 3. As the equivalent of the monetary assistance referred to in Article 166 § 3, the convicted person may receive, on release, the applicable clothing, underwear, footwear, a ticket for the journey, as well as food items for the duration of the journey. Decisions in this respect shall be taken by the Director of the criminal undertaking

§ 4. If a person released from a penal facility requires hospital treatment, and her health condition does not allow for transfer to the hospital, she remains on treatment at the detention facility until her health condition allows such a transfer.

§ 5. The provision of § 4 shall apply if the exempted person agrees to continue treatment in the detention facility, which should be confirmed by the signature of the person in the individual medical documentation. If this consent is not possible, the decision to leave it on treatment in the detention centre shall be taken by the director of the penal department at the request of the doctor. In the light of the person referred to in paragraph 4, the rules of order in force at the detention centre shall be applied. The provisions of Article 4 118 (1), (2) and (4) shall apply mutatis mutandis.

§ 6. If the convicted convicted is unable to return to the place of residence or the place of residence without check-in for reasons of health, the administration of the criminal establishment shall be obliged during the period prior to the release of the contact. a family, a person close to or indicated by a convicted other person and notify it of the date of exemption. In the event that the activities of the administration of the criminal undertaking have proved to be ineffective, the administration of the criminal undertaking shall be obliged to grant the exempted aid to the place of residence or the place of residence without check-in, or of the operator. medicinal product.

§ 7. If the person referred to in § 4 does not consent to further treatment in the detention facility, the doctor instruct her about the possible health consequences of refusing treatment. The fact of refusal should be confirmed by the signature of the exempted individual medical documentation and, in the event of refusal of signature, the official memo for that circumstance.

Article 168. (repealed).

Division 13

Information on leaving the convicted penal establishment

Art. 168a. [ Notice of release or escape] § 1. At the request of the victim, respectively, the penitentiary judge or the director of the penal establishment shall immediately inform the victim, his statutory representative or the person under whose permanent infestation he remains, of the release of the convicted from the establishment criminal prosecution of the escape of the convicted from the penal facility, as well as the decision to grant the convicted person:

1) the permit referred to in art. 91 points 7 and art. 92 point 9,

2) temporary authorization to leave the penal facility without supervision or without the convoy of the Prison Service officer or the assistance of another trustworthy person, referred to in art. 138 § 1 points 7 or 8, art. 141a § 1, art. 165 § 2 and art. 234 § 2,

3) breaks in execution of the sentence,

4) conditional release.

§ 2. The right to submit the application referred to in § 1 shall instruct the victim of the judgment to be executed by the decision.

§ 3. In the case of an exemption from the criminal establishment after serving a sentence of a convicted sexual preference holding a custodial sentence for the offence referred to in Art. 197-203 of the Penal Code, committed in connection with these disorders, and in the event of absconding of such convicted from the criminal or the issuing of decisions referred to in § 1, respectively, the penis judge or the Director shall immediately notify the the Police Unit, competent for the place of permanent residence of the convicted person.

§ 4. Article 3 (3) shall apply mutatis mutandis to a convicted offence committed in an organised group or to a criminal offence and convicted of a custodial sentence for a deliberate offence in the dimension of a criminal offence not less than 3 years.

§ 5. If, in the course of a sentence of succession, several custodial sentences are successively executed, the notices referred to in paragraphs 1 to 4 shall be sent throughout the period of deprivation of liberty.

§ 6. In duly justified cases, the notification referred to in paragraph 1 shall also be provided to the witness.

Chapter XI

The rights and obligations of the court curator, execution of the supervision, conditional redemption of the proceedings and conditional suspension of execution of the sentence

Division 1

Rights and obligations of the court curator and of the supervision

Article 169. [ Duties of a convicted person under surveillance] § 1. The convicted convicted of duties, and also the duties to be given under supervision, shall be obliged to comply with the obligations laid down by the court for the period of trial or associated with the supervision.

§ 1a. Convicted convicted of the obligations laid down in Article 34 § 3 of the Criminal Code, is required to comply with the obligations laid down by the court.

§ 2. The convicted convicted under the supervision shall be required without delay, and at the latest within 7 days of the day on which the message was taken under the supervision, to report to the probation officer of the district court in which the dispenser is to be executed.

§ 3. The convicted is obliged to appear on the summage of the court or the probation officer and give explanations as to the course of the supervision and execution of the duties imposed on him, without the consent of the court not to change the place of permanent residence, enable the curator to enter into dwellings and inform him of the change of employment.

§ 4. The supervision shall be carried out at the place of permanent residence of the convicted.

Art. 169a. [ Supervision of the court over the execution of supervision] § 1. Supervision of the exercise of supervision shall be in the jurisdiction of the court or tribunal in respect of the execution of the sentence or measure in respect of which the convicted person has been given the custody of the sentenced person.

§ 2. The supervision referred to in paragraph 1 shall include the control and evaluation of:

(1) the legality and regularity of the exercise of supervision,

2) the execution of probation tasks and the educational activities of the probation officer and the course of the process of rehabilitating the convicted,

3) the correctness of the preparation by the curator of the court documentation and conducting the records of the supervision.

Art. 169b. [ Risk Groups Return to Crime] § 1. In order to ensure optimal impact on the persons to whom the supervision is exercised, and the application of the appropriate method of control of these persons, three groups of risk of return to crime shall be established:

1. reduced risk group (A),

2) primary group (B),

3) Risk group (C).

§ 2. The reduced risk group (A) shall be eligible for persons subject to the conditional remission of the proceedings, as well as to unpunished persons whose characteristics and personal and environmental conditions, to date of life and of which they have been the behaviour after the offence is justified by the conviction that they will be in the trial period to comply with the legal order and, in particular, will not re-commit the crime. In particularly justified cases, the manager of a court-service coursing team or a judge may qualify for a reduced risk group (A) of a person fulfilling the conditions of the core group (B).

§ 3. A risk group (C) shall be eligible:

1) convicted persons specified in Art. 64 § 1 and 2 of the Penal Code,

2) convicts who, after the sentence or during the trial period, committed a crime similar,

(3) persons who are convicted of a criminal offence in connection with the use of alcohol, intoxicating agent or other similar acting means,

4) convicted of crimes against sexual freedom or customs for the harm of a minor, and also for crimes against sexual freedom committed in connection with the disruption of sexual acts with a sexual rise other than a disease Psychiatric

5) convicted of psychiatric disorders, if these disorders were related to the commission of a crime,

6) convicted in connection with the application of violence in the family who remain with the person injured in the common household during the trial period, excluding persons against whom the conditional surrender of the proceedings has been applied,

7) convicted in connection with criminal subcultures or groups with a connection to a criminal environment,

8) convicted, who require intensive activities during the trial period due to the previous criminality, way of life, personal properties and behaviour during the trial period, including the degree of performance of the adjudicated duties, or due to other circumstances.

§ 4. The primary group (B) qualifies for persons who do not meet the conditions for the reduced risk group (A) or risk group (C). In particularly justified cases, especially with regard to progress in the process of rehabilitation, a judge may qualify for the core group (B) persons meeting the conditions of the risk group (C).

§ 5. The supervision of persons qualified for the risk group (C) shall be practised by professional curators. In particularly justified cases, the manager of a court-service courtship or judge may consent to the exercise of supervision by a social curator by reason of the properties and personal conditions of the convicted and the predispositions, education, the skills and training of a social curator.

§ 6. The risk of a return to a criminal offence referred to in paragraph 1 shall be eligible for the person to whom the supervision is exercised, the head of the court-service curatorial team and the authorized Judge; in the event of a discrepancy, the position shall be taken to the position of the person concerned. judge.

§ 7. In the event of a change in the circumstances referred to in § 2 or 3, or if the previous course of the sample period justifies the belief that there is sufficient further impact within the risk group referred to in § 1 (1) or (2), there shall be a re-operation of the the qualifications of the convicted person under the conditions laid down in § 6 The change of qualification from the core group (B) to the reduced risk group (A) may also be made by the manager of the court-for-for-judicial team.

§ 8. In relation to a convicted person who is eligible for a reduced risk group (A), the professional curator shall, in particular, be required to do so by exercising his supervision in particular:

1) conduct at least once every 3 months of environmental intelligence, including conversations with convicted in the place of his residence or stay,

2) effective summons of sentenced at least once every 2 months to appear at the premises of the curatorial team of the judicial service in order to provide explanations as to the conduct of the supervision and performance of the duties imposed, and if necessary the presentation appropriate documents proving the performance of the duties,

3) the request from the convicted telephone contact at least once a month.

§ 9. In relation to a convicted qualifying group (A) and a core group (B), a social curator shall, in particular, be required to:

1) conduct at least once a month of environmental intelligence, including conversations with convicted at the place of his residence or stay,

2) the request from the convicted telephone contact at least once a month.

§ 10. In relation to a convicted qualified risk group (C), the probation officer shall in particular be required to:

1) maintain close cooperation with the Police in order to obtain and exchange information on the observance of the legal order by the convicted,

2) conducting systematic environmental interviews, including interviews with convicted in the place of his residence or stay,

3) the systematic call of the sentenced to appear at the headquarters of the courtship of the judicial service in order to provide explanations as to the conduct of the supervision and performance of the duties imposed, and to present relevant documents as necessary. confirming the performance of duties,

4) the request from the convicted telephone contact at least 2 times a month,

5) conduct in a convicted person who has been obliged to refrain from abuse of alcohol or the use of narcotic drugs or psychotropic substances, or of a convicted, who during surveillance shows symptoms of addiction, random studies for the presence in the body of alcohol, narcotic drugs or psychotropic substances, using methods that do not require laboratory testing,

6) establish and systematically maintain contact with relevant associations, institutions and social organisations dealing with social assistance, through work, treatment, therapeutic impact or other forms of action, which can be useful in solving problems that are not conduciving to the rehabilitation and control of the sample period.

§ 11. The judge or the head of the court-service curatorial team may, in particularly justified cases, determine the judicial course of the judicial system, and that judicial course of the judicial system, the other frequency and form of contact with the convicted person.

Article 170. [ Supervision of caret] § 1. The exercise of the supervision shall be entrusted to the curator of the district court in which the measure is or is to be carried out.

§ 2. The conduct of supervision may also be entrusted to an association, organisation or institution to which activities are concerned for education, prevention of demoralisation or assistance to a convicted person or a trustworthy person; supervision shall be carried out on the basis of their request or with their consent.

Article 171. [ Curators of the Court] § 1. The court curators are professional and social curators.

§ 2. The task of the court curator, as well as other persons, associations, organizations and institutions performing the supervision is to help in the social readaptation of the convicted. The control of the strict exercise of the duties and commands imposed on him is intended to educate and prevent the return to crime.

Article 172. [ Obligations of the probation officer] § 1. The probation officer, who is entrusted with the supervision of the convicted person, should contact him immediately and inform him of his duties and powers.

§ 2. The judicial curator is obliged to submit to the court periodic reports of the course of supervision, in particular it is required to notify the court without delay of the commission of the commission of the commission of the criminal offence or of any other serious breach of the order of the criminal proceedings. legal.

§ 3. In the event of a criminal offence against a convicted offence of violence or a threat of unlawful conduct, the probation officer shall send to the Police unit competent for the place of residence of the convicted person, the custody of the convicted person under the supervision of the police officer, and the the completion of the exercise of supervision in any other way than the expiry of the period of the sample.

§ 4. The reports referred to in paragraph 2 shall be submitted by the judicial curator to the manager of the curatorial judicial department and shall be submitted to the court by the court.

Article 173. [ The scope of the judicial curator's judicial action] § 1. The judicial curator organises and conducts activities aimed at helping convicts in social readaptation and preventing his return to crime, as well as controlling compliance with the convicted obligations of the convicted established by the court or associated with the caretaker; the forensic probation officer directs the work of the judicial social curators and the trustworthy persons performing the careers. In the case of the supervision of a judicial social curator, the judge or the manager of the court-service curator team may at any time order the personal exercise of the supervision by a judicial professional curator or instruct the courtman to instruct the court of justice. Do not take immediate action.

§ 2. The duties of a judicial curator shall be in particular:

1) the performance of the careers in relation to the convicted or the perpetrator,

2) controlling during the period of the execution of the convicted or the perpetrator of the duties imposed on him,

3. submission of applications for the modification of the period of trial in cases concerning the execution of the provisions on conditional release,

4) submission of applications for a conditionally reordered procedure,

5. submission of applications for the establishment, extension or modification of the duties in the period of the trial, for an exemption from the performance of those duties, or for the devotion or release of supervision,

6) submission of applications for deferral or for a break in execution of the sentence or for the cancellation of a postponement or a break in execution of the sentence,

7) the submission of applications for conditional release and for the cancellation of conditional release,

(8) submission of applications for the enforcement of the penalty, the execution of which is conditional on a conditional suspension, and the execution of a replacement penalty,

9) the submission of applications for the enforcement of the restriction of liberty,

9a) submission of applications for suspension, taking and remission of enforcement proceedings,

10) the provision of post-penitentiary aid,

11) participation in the meetings of the court, in the cases indicated in the Act,

12) taking steps to prepare the convicted to be released from the criminal establishment,

13) carrying out, at the request of the authorized bodies of the enforcement proceedings of environmental interviews,

14. carrying out activities relating to the organisation and control of the enforcement of the restriction of liberty,

15) carrying out other activities resulting from this Act and the separate provisions.

§ 3. In the event of the existence of the circumstances referred to in Article 156 § 1 i 2 or art. 160 § 1 points 2-4 of this Code and in art. 68 § 2 or art. 75 § 2 of the Penal Code, the judicial professional curator may waive the submission of the relevant application referred to in § 2 (4) and point 6-8 if they speak for that type and degree of violation justifying the belief that despite the withdrawal from the submission the application, the objectives of the measure relating to the submission of the convicted or the perpetrator of the sample will be

§ 4. In the case referred to in paragraph 3, the court's probation officer shall give the convicted or the perpetrator of a written reminder, indicating the nature of the infringement and shall inform him of the consequences of the failure to comply with the warning. A copy of the admonition shall be transmitted immediately to the court.

§ 5. If, after giving the convicted or the perpetrator of a written request, the circumstances indicated in the provisions referred to in paragraph 3 are present, the judicial curator shall submit the relevant application to the court referred to in paragraph 2 (4) and point 6 to 8.

Article 173a. [ Judicial authority of a professional probation officer concerning tests for the presence of alcohol, drugs in the body] § 1. A judicial curator may oblige a convicted or perpetrator of his/her convictions to refrain from abusing alcohol or to use narcotic drugs or psychotropic substances to be tested for the presence of the body of alcohol, narcotic drugs or psychotropic substances, using methods that do not require laboratory testing, and such tests should be carried out.

§ 2. Verification of the tests referred to in § 1, made using methods that do not require laboratory testing, may be carried out by means of laboratory tests.

§ 3. The Minister of Justice shall determine by way of regulation a way of carrying out tests for the presence of alcohol, narcotic drugs or psychotropic substances in a convicted organism or a perpetrator given under supervision or obliged to refrain from from the abuse of alcohol or the use of narcotic drugs or psychotropic substances, their documentation and verification, having regard to the need to ensure the efficient conduct of the tests and to guarantee the reliability of their results.

Art. 173b. [ Actions related to organising and controlling the execution of penalties, criminal measures and safeguards in the electronic surveillance system] § 1. The activities relating to the organisation and control of the execution of penalties, criminal measures and safeguards in the electronic surveillance system shall be entrusted to the judicial course of the court in which the penalty or measure is or are to be or shall be performed.

§ 2. The task of a judicial curator is to assist in the social readaptation of the convicted person. The control of the strict exercise of the duties and instructions imposed on him is intended to influence the educational and prevention of the return to crime.

§ 3. The judicial probation officer entrusted with the activities referred to in paragraph 1 shall immediately make contact with the convicted person, informing him of his duties and powers.

Art. 173c. [ Conclusions and notices of any case of violation by a convicted legal order or imposed on convicted duty] At the time of the execution of the sentence in the electronic supervision system, the judicial officer shall submit appropriate proposals and shall immediately inform the court of any case of an infringement by a convicted legal order or imposed on a convicted duty, in In particular, the commission of a criminal offence or a treasury offence.

Article 174. [ The scope of the action of the social curator] The scope of the judicial action of the social curator shall be in particular:

1) visiting the persons concerned, in the place of their residence or stay, including in detention facilities, and contacting their family,

2) request the necessary information and explanations from the persons in the period of the trial, covered by the caretaker or those for which the duties were imposed,

3) cooperate with the relevant associations, organizations and institutions in improving the living and health conditions, employment and training of the persons concerned by the enforcement proceedings,

4) cooperate with the administration of the penal establishments in the area of appropriate preparation of the convicted to release,

5) review of the court records and drawing up of them write-off in connection with the execution of the tasks commissioned by the court,

6) carry out environmental interviews and collect the necessary information from the authorities of government administration, local government, work establishments, associations, organizations and institutions,

7. taking other steps necessary for the proper enforcement of penalties, criminal measures, safeguards and compensatory measures and forfeiture, as well as the control of the exercise of compensatory measures,

(8) giving convicted other appropriate assistance.

Article 175. [ Obligations of the supervising organisation] § 1. Associations, organisations and institutions entrusted with the exercise of supervision shall, in particular, be required to:

1. to appoint a representative without delay to carry out the duties connected with the supervision and to assist him in the proper execution of the duties,

2) holding, by the appointed representative, the necessary contacts with the court and the court's professional curator,

3. to ensure that the designated representative performs the proper supervision of the surveillance activities and provide the court with periodic reports on the behaviour of the convicted person during the trial period.

§ 2. To the trustworthy person and representative of the association, organisation and institution shall apply mutatis mutandis Art. 174, unless otherwise provided by the law.

§ 3. The representative of the association, organisation and institution shall apply mutatis mutandis. 169b, art. 172 and art. 173 § 2 paragraphs 1 to 5, 7, 8 and 12, unless otherwise provided by the law.

Art. 175a. [ Lump Sum for the supervision of the supervision] § 1. The President of the competent court shall grant the association, organisation or institution entrusted with the exercise of supervision, at the request of their representative, a monthly lump sum for reimbursement of the costs incurred in connection with the supervision by the competent authority, payable to 20. on the day of each month following that in which the supervision is held.

§ 2. The lump sum for the exercise of one supervision shall be between 4% and 8% of the basic amount established for the court professional curators on the basis of the provisions on remuneration formation in the state budget sphere.

Article 176. [ Delegation] The Minister of Justice shall determine by way of regulation, the manner and mode of operation of the judicial curators, associations, organisations, institutions and trustworthy persons entrusted with the exercise of supervision, as well as the manner and mode of operation. the exercise of the supervision to be applied in connection with the case-law, criminal, protective and preventive measures and the mode of designation of representatives by associations, organisations and institutions, taking into account the need for persons to be qualified, in the light of the the use of the dispensers, to a specified risk group of return to crime, the need for effective enforcement of decisions of the court, to prevent the return of the perpetrator to a crime and to support his social readaptation.

Division 2

Prohibitions and obligations

Article 177. [ Conditional waiver of criminal proceedings] § 1. In cases relating to the execution of a decision on the conditional remission of criminal proceedings, the court shall, in the case in question, adjudicate at first instance, but in relation to the person concerned, in matters relating to the implementation of that decision. the measure and the obligations relating to the trial period, shall be the jurisdiction of the district court in which the surveillance zone is, or is to be, carried out.

§ 2. By executing a decision on the conditional remission of criminal proceedings in relation to the perpetrator, who has not been granted under supervision or obliged to perform the duties related to the trial period, the court shall apply the art accordingly. 14.

Division 3

Conditional suspension of execution

Article 178. [ Conditional suspension of execution of the sentence] § 1. In cases relating to the execution of a decision on the conditional suspension of the execution of the sentence and on the order for the execution of the suspended sentence, the court of first instance shall, in the case in question, adjudicate in the first instance, however, against the convicted person by the general court remaining under the supervision of the competent authority is the district court in which the district of the dispensers is or is to be executed.

§ 2. By executing the decision on the conditional suspension of the sentence against the convicted by the general court, which has not been committed under the supervision or obliged to perform the duties related to the trial period, the court shall apply the art accordingly. 14.

§ 3. In a meeting on the management of the execution of the sentence, the prosecutor, the convicted and his defender shall be entitled to take part, and where the convicted has been handed over under supervision or obliged to perform the duties associated with the trial period, also a judicial curator, a person of confidence or a representative of the association, institution or social organisation referred to in Article 73 § 1 of the Penal Code, which has been entrusted with the execution of the supervision.

§ 4. Before issuing the provisions on the reduction of the penalty referred to in Article 75 § 3a of the Criminal Code, the court shall hear, as far as possible, of the convicted and judicial curator. The public prosecutor also has the right to take part in the meeting.

§ 5. Provisions on the enforcement of the penalty issued on the basis of art. 75 § 2 and 3 of the Penal Code shall be enforceable as soon as the criminal record is authorised.

§ 6. The order in which the execution of the sentence is to be ordered and the summary thereof on the basis of Article 4 (1) 75 § 3a of the Penal Code is entitled to a complaint.

Article 178a. [ The complaint to the order issued on the basis of art. 74 § 2 and art. 75a § 1 and 5 of the Penal Code] To the provisions issued on the basis of the Article 74 § 2 and art. 75a § 1 and 5 of the Penal Code shall be entitled to a complaint.

Chapter XII

Punitive measures, compensatory measures and forfeiture

Division 1

Deprivation of public rights

Article 179. [ Deprivation of public rights] In the event of a decision of imprisonment, the court shall notify:

1) competent for the place of the last residence or stay of the convicted appropriate public administration authority,

2) the Chancellery of the President of the Republic of Poland, if the convicted has an order, award, or honorary title,

(3) the authorities and institutions in which the convicted person has recently performed the functions of the loss,

4) the competent authority in matters of universal defence, in which the records of the convicted figure shall be entered.

Art. 179a. [ The complaint to the order issued on the basis of art. 84 § 1 of the Penal Code] To the order issued on the basis of Article 84 § 1 of the penal code on the recognition of the deprivation of public rights for the executed is entitled to a complaint.

Division 2

Prohibitions, order and obligation

Article 180. [ Ruling on the prohibition of occupations of a particular post or profession] In the event of a decision prohibiting the occupations of a particular job or profession, the court shall send a copy of the judgment to the competent authority of the government or local government and of the employer or institution in which the convicted person is responsible. subject to a prohibition on the position or prohibition of a profession subject to a prohibition. If the convicted person occupies a managerial position or other responsible position, the court shall send a copy of the judgment also to the competent parent. The victim's data shall not be disclosed in the provision of the judgment.

Article 181. [ Prohibition of specific economic activity] In the event of a decision prohibits the pursuit of certain economic activities, the court shall send a copy of the judgment to the relevant governmental or local government authority, competent for the place of residence of the convicted or for the place of establishment the economic activities covered by the prohibition.

Article 181a. [ Obligation to refrain from staying in specific environments or places] § 1. In the event of a decision prohibiting residence in specific environments or places, contacting certain persons, approaching specific persons or leaving a particular place of residence without the consent of the court, as well as an interim order leave the premises occupied jointly with the victim and send a copy of the judgment to the Police Unit, as well as to the relevant governmental or local government authority competent for the place of residence of the convicted.

§ 2. Supervision of the execution of a ban on residence in specific environments or places, contacting specific persons, approaching certain persons or leaving a particular place of residence without the consent of the court, as well as an interim order leave the premises occupied jointly with the victim, entrust to the professional courtship.

§ 3. In matters relating to the execution of a ban on being present in specific environments or places, contacting specific persons, approaching specific persons or leaving a specified place of residence without the consent of the court, as well as the order the temporary abandonment of the covenanted premises shall be the jurisdiction of the district court in which the place of residence of the convicted is established.

§ 4. The provisions of Article 4 169 and 172 shall apply mutatis mutandis.

Article 181b. [ prohibition of admission to a mass party] § 1. In the event of a decision prohibiting admission to a mass party, the court shall send a copy of the judgment to the district commander (district, city) of Police, competent for the place of residence of the convicted.

§ 2. (repealed).

Art. 181c. [ Submission of the write-off of the judgment] In the event of a decision prohibiting admission to gaming centres and participation in gambling, the court shall send a copy of the judgment of the Minister responsible for public finance and the district police chief (district, urban), competent for the place of residence. of the sentenced person.

Article 182. [ Prohibition of driving] § 1. In the event of a prohibition on driving, the court shall send a copy of the judgment to the relevant governmental or local government authority competent for the place of residence of the convicted. If the sentenced person has been engaged in commercial work, the court shall, in addition, inform the employer of the person in whom the sentenced person is employed.

§ 2. The body to which a decision containing a prohibition on driving, is required to do so is to revoke the power to carry them out in the caselaw and shall not grant those powers during the period of prohibition.

Art. 182a. [ Prohibition of driving unequipped with an alcoholic blockade] § 1. If the ban on driving has been carried out for at least one half of the case-law, and in the case of a prohibition on the driving of vehicles in accordance with Article 4 (1), 42 § 3 or 4 of the Penal Code for a period of at least 10 years, the court may rule on the continued execution of this criminal measure in the form of a ban on the driving of vehicles not equipped with an alcoholic blockade, referred to in art. 2 point 84 of the Act of 20 June 1997. -The right of traffic (Dz. U. 2012 r. items 1137, from late. zm.), if the attitude, characteristics and personal conditions of the perpetrator and the behavior during the period of execution of the criminal measure justify the belief that driving through that person does not endanger the security of communication. Article Recipe 182 § 1 shall apply mutatis mutandis.

§ 2. In the case of a court decision to continue the criminal measure in the form of a ban on driving unequipped vehicles, the prohibition shall not apply in the case of driving and examination vehicles, if the convicted person is a trained or trained person in accordance with the provisions of the Act of 5 January 2011. on driving vehicles (Dz. U. of 2015 items 155) or the Act of 6 September 2001. o road transport (Dz. U. of 2013 r. items 1414, of late. zm.).

§ 3. If the convicted grossly violated the legal order in the field of road safety, in particular, he committed a crime against security in communication, the court may rule on the repeal of the way in which the driving ban is carried out in the form referred to in § 1. Article Recipe 182 shall apply mutatis mutandis.

§ 4. The decision of the court on the subject matter referred to in paragraphs 1 and 3 shall be entitled to a complaint.

Article 183. [ Notice of the decision of the prohibitions] If convicted, in connection with a professional activity or conduct of a particular economic activity, belongs to a professional association, association, association or characteristic or other economic organisation, the court shall notify it of the decision the prohibition of the pursuit of a profession or a certain economic activity

Article 183a. [ Indication of the minimum distance from the persons protected by a restraining order and an indication of the time limit for the execution of the order for the periodic abandonment of the premises used in conjunction with the victim's case] § 1. If the judgment has not been given in the judgment, the court shall determine the intervals in which the sentenced person is to report to the Police or any other designated authority, indicating the minimum distance from the persons protected by the restraining order and shall specify the time limit for the execution of the sentence. an order for the periodic abandonment of the place occupied with the victim.

§ 2. The order of the court shall be entitled to a complaint.

Article 184. [ Initial date of execution of the criminal measure] By sending a copy of the judgment in which a penal measure referred to in this Chapter or Chapter 1 has been adjudicated, or a notification of the measure of such measure, the court shall state on the basis of the content of the judgment the starting date from which the period of execution should be calculated. this measure.

Article 185. [ Employers ' decisions] Employers or bodies referred to in art. 180 and 181 shall take the relevant decisions and inform without delay the court which, in the event of an irregularity, is required to delete them.

Article 186. [ Application of provisions of the Act] If an Article is applied to the convicted person. 72 § 1 of the Criminal Code, the provisions of art. 180 and 181 shall apply mutatis mutandis.

Art. 186a. [ The complaint to the order issued on the basis of art. 84 § 1 of the Penal Code] To the order, issued on the basis of art. 84 § 1 of the penal code on the recognition of a warrant or prohibition shall be entitled to a complaint.

Division 3

Forfeit

Article 187. [ Execution of forfeiture or allutions] § 1. The court shall, without delay after the judgment of the judgment, send its copy or extract to the treasury, to the competent authority of the court of first instance, in order to implement the case-law forfeiture or litigation in favour of the State Treasury.

§ 2. The object is forfeited, the benefit of the property or its equivalent is transferred to the State Treasury once the sentence has been passed and in the case of the inaction referred to in art. 293 § 7 of the Code of Criminal Procedure-as soon as the sentence dismissals against the State Treasury has been legitimised.

Article 188. [ Acquisition of possession of constituents of property] § 1. In the execution of forfeiture, the tax office takes possession of the property elements listed in the judgment.

§ 2. In making the forfeiture of objects, the equivalent of such objects, the advantages of the offense or the equivalent of such advantages, the tax office shall, if necessary, determine the components of the forfeited property before they take over.

§ 3. Prior to the acquisition of the components of the property referred to in § 1 or 2, the tax office shall not be obliged to give prior notice to the person in whom they are located to issue them.

§ 4. The transferred treasury office shall be transferred to the competent authorities of the public administration in the management board.

§ 5. The transferred movable property, receivables and other property rights of the tax office cashed in accordance with the provisions on the execution of cash benefits in enforcement proceedings in the administration.

§ 6. The acquired objects of historical, scientific or artistic value shall be foiled when indicated by the voivodship of the state monuments of the state museum, library or archive do not express their consent for their free purchase.

Article 189. [ Membership forfeit] The forfeiture of the main thing also includes the belonging of this thing, unless another is due to the ruling.

Article 190. [ Satisfaction of receivables] § 1. The forfeiture shall not affect the rights of limited incriminating persons covered by the forfeiture of property, except in the case of mortgages and pledges which cease and the claims secured by those rights shall be satisfied to the extent of the sum of the goods. obtained from the sintering of constituents of property or their value, when they are not sintered and are not subject to destruction.

§ 2. A reaping of a creditor whose claim is secured by a mortgage or a pledge, if the object of the pledge is not cashed, shall be followed by an estimate of the property or the object of the pledge. The estimate of the property, according to the law enforcement regulations, the tax office is ordered by the court bailician.

Article 191. [ Basis of the disclosure of the State Treasury as a property owner] § 1. The basis for the disclosure of the State Treasury as the owner of the immovable property in the perpetual book and the basis for the removal of the mortgagulled mortgages constitutes a decision on the application of the forfeiture which concerns this property.

§ 2. In the event of a third party being issued an action to relieve the property from the execution of forfeiture, the entry of the State Treasury to the perpetual book may take place after the final dismissals of the action.

Article 192. [ Repeal of the decision of forfeiture] § 1. In the event of the revocation of the decision of forfeiture, his gift or the dismissal of things as a result of the action brought in the action, the items of property taken up in the course of the forfeiture shall be returned to the If the State Treasury cannot be recovered, it shall be liable for the damage which he has suffered.

§ 2. The person who returns the objects forfeited or pays compensation under the liability referred to in § 1 shall be obliged to reimburse the State Treasury the sums paid to the creditors on the basis of art. 190 up to the value of the returned property elements or the compensation paid. If the return is subject to immovable property, the claim of the State Treasury shall be secured by the entry of the compulsory mortgage in the perpetual book kept for that property. The basis of the alert shall be the order of security issued by the tax office.

§ 3. To the extent not regulated in this Act to the liability referred to in § 1, the provisions of the Civil Code shall apply.

Article 193. [ Edition of subjects] § 1. If the forfeiture of items attached to the file of the case or stored in the forensic evidence store has been forfeited, the court shall issue these objects to the competent treasury.

(2) If the forfeiture of the objects secured by and from the holder of the goods is forfeited, the court shall order the institution or the person to whom the objects referred to it shall be issued to the competent authority of the treasury.

Article 194. [ Delegation] The Minister of Justice may determine by way of regulation a list of items which, in the case of a decision of forfeiture, shall be forwarded directly to the authorities other than the enforcement body referred to in Article 4. 187, bearing in mind, in particular, the jurisdiction of those authorities and the nature of the subjects to be transferred.

Article 195. [ Destruction of items] If the value of the objects which have been forfeited is insignificant, the court shall either leave it in the file or manage the destruction thereof. The protocol shall be drawn up for destruction.

Art. 195a. [ Obligation to repair the damage] § 1. Where one provision is secured by a threat of forfeiture and a fine, the obligation to make good any damage or redress for any wrongful, cash benefit, allusion or enforcement of judicial costs in criminal proceedings, the court or tribunal or the prosecutor who has issued that provision may order it to be carried out in its entirety by the authority referred to in Article 4 (1). 187.

§ 2. In the case referred to in paragraph 1, where the forfeiture has been forfeited, the tax office shall also carry out the execution of the case at the same time of the fine and of the legal costs of the convicted court and of the enforcement of the caselaw of the Court of State of the European Union and of the Court of State of the European Union. for a known harm, a cash benefit or an allude.

Art. 195b. [ Suitable use] The provisions of this branch shall apply mutatis mutandis to the execution of the decisions referred to in Chapter 66d of the Code of Criminal Procedure.

Division 4

Redress, redress, reference and cash benefits

Article 196. [ Submission of enforcement title] § 1. In the event of a judgment of the obligation to make good any damage or redress to a person who has not taken part in the case, allusions or cash benefits, the court, of the office and without the collection of any charges, shall send the enforcement title to the victim. or any other person entitled.

§ 2. By the breakdown of the amount obtained from execution-claims for the obligation to repair the damage, litigations or cash benefits shall be satisfied in the order provided for the claims of the creditors who have carried out the execution, according to the the provisions of the Code of Civil Procedure, unless due to the nature of the receivables, they are satisfied in order of higher order.

Art. 196a. (repealed).

Division 5

Application of the judgment to the public

Article 197. [ Method of application of the judgment to the public] § 1. The Tribunal shall determine the manner in which the judgment is to be made public if it is not specified in the judgment.

§ 1a. If the manner of application of the judgment to the public has not been determined in the judgment, the court may rule on the application of the judgment to the public by placing the write-off of the judgment or the sentence, with reference to the legitimacy, on the page of the Bulletin Public Information of the Court.

(2) In order to make the judgment publicly known to the public prosecutor and to the convicted and his defenders, and to the victim, even if he was not a party to the trial, he or she is entitled to a complaint.

Article 198. [ Forwarding of the sentence to the magazine's editorial board] § 1. In the event of a judgment given to the public by a notice in the magazine, the court shall send a copy of the sentence or extract from the sentence, with the mention of the legitimacy, the editorial office specified in the judgment of the periodical, with the order of printing in one of the the closest of his numbers.

§ 2. The copy of the magazine is obliged to inform the court of the execution of the order, sending at the same time a copy in which the notice is published; in the event of irregularities, the court orders them to be removed.

Article 199. [ Request to execute the decision] § 1. In the case of judgment of the judgment in the public in another way, the court-according to the judgment-gives to whom the appropriate order must be given by sending a copy of the judgment or an extract from the sentence with the mention of the legitimacy.

2. Those who have received the order shall be obliged to carry them out in time, place and in the manner prescribed by the court, and shall forthwith inform the court which, in the event of a finding of irregularities, shall order them to be removed.

Chapter XIII

Safeguard measures

Art. 199a. [ The jurisdiction of the court in the proceedings concerning the enforcement of safeguards] § 1. The court which issued the judgment in the first instance shall be competent to rule on the protective measures under the rules laid down in Chapter X of the Penal Code.

§ 2. The court which issued the judgment in the first instance shall be competent in the proceedings concerning the execution of the safeguard measures, with the exception of the electronic control of the place of stay.

§ 3. The order in which the security measure is to be granted shall be a complaint.

Art. 199b. [ Application for judgment, amendment or repeal of the safeguard measure] § 1. An application for a decision, modification or repeal of a security measure may also be submitted by the director of the criminal establishment, the manager of the psychiatric facility or the manager of the medicinal product in which the perpetrator is a treatment or addiction therapy.

§ 2. Prior to the decision, the amendment and the annulment of the detention centre shall be heard:

1) a psychologist,

2) in cases of unrest persons, with limited mobility or with personality disorder or when the court deems it advisable-in addition, a doctor of psychiatrist,

3) in cases of persons with sexual preferences disorders-experts referred to in points 1 and 2, and a medical practitioner or a psychologist.

In the case of dependent persons, it is also possible to listen to an expert on addiction.

§ 3. The meeting shall have the right to take part in the prosecutor's office, the perpetrator or his defender and the applicant referred to in § 1.

§ 4. The application for amendment or repeal of the hedging measure may be left without recognition if less than 6 months have elapsed since the previous decision and the applicant has not indicated any new circumstances of relevance for the resolution.

Article 200. [ Psychiatric facilities] § 1. By the psychiatric institution referred to in art. 93a § 1 point 4 of the Penal Code shall be understood to be a medicinal entity providing health care services in the field of psychiatric care.

§ 2. The psychiatric facilities referred to in § 1 may be organised as establishments with the conditions:

1. basic security,

2. reinforced security,

(3) maximum security.

§ 3. (repealed).

§ 3a. Psychiatric facilities performing a protective measure in the form of placement in a psychiatric institution against the perpetrators referred to in Article 93c point 3 of the Penal Code, organised as establishments with the conditions for enhanced security.

§ 3b. Protection measure in the form of adjudicated treatment of the perpetrator referred to in Article 93c point 3 of the Penal Code shall be performed in the medicinal product.

§ 4. (repealed).

§ 5. The establishments referred to in paragraph 2 (3) shall be subject to the Health Minister's ministries.

Article 200a. [ Psychiatric facility with maximum security conditions] A psychiatric facility with maximum security conditions shall be managed by the perpetrator if:

1. its repeated behaviors threatening the life or health of other persons or causing the destruction of objects of significant value cannot be mastered in a closed psychiatric facility with the conditions of reinforced security,

2) it is not possible to prevent the arbitrary departure from a closed psychiatric facility with enhanced security conditions of the perpetrator, posing a significant threat beyond the establishment.

Article 200b. [ Establishment with conditions for reinforced security] A psychiatric facility with the conditions of a reinforced security shall be managed by the perpetrator if:

1. its conduct threatening the life or health of other persons or causing the destruction of objects of significant value cannot be mastered in a psychiatric facility, with the conditions of basic security,

2) it is not possible to prevent the arbitrary departure from the psychiatric facility, with the conditions of the basic protection of the perpetrator, posing a threat outside the establishment.

Article 200c. [ Establishment with basic security conditions] A psychiatric facility with the conditions of a basic security shall be managed by a perpetrator who is not eligible for a psychiatric facility as referred to in Article 4. 200a and in art. 200b.

Article 201. [ Psychiatric commission for protective measures] § 1. In order to ensure the proper place of enforcement of the safeguard measures referred to in art. 200 § 1 and 2, the Minister responsible for Health shall set up a psychiatric committee for protective measures.

§ 1a. The tasks of the psychiatric committee for precautionary measures shall be:

1. to issue an opinion to the competent courts or other eligible institutions on the admission, discharge or transfer of the perpetrators to which the execution of a security measure in psychiatric facilities has been given,

2) analysis of the available documentation, including medical documentation, within the scope set out in point 1,

3) an analysis of the information about the number of available sites in psychiatric facilities intended for the execution of protective measures,

4) a visit and evaluation of psychiatric establishments with the conditions of a basic, reinforced and maximum security, in which a security measure is executed.

§ 2. By making a decision on the application of the protective agent associated with the placement in the psychiatric facility referred to in art. 200 § 1, the court, after seeking the opinion of the psychiatric committee for security measures, determines the type of this establishment and send a copy of the decision together with the recommendation to bring the perpetrator to the competent authority due to the whereabouts of the person's offender The police or the competent military authority, and a copy of the decision and the order to bring the decision to the operator of the establishment indicated. The manager of a designated psychiatric facility shall provide sanitary transport corresponding to the requirements of the medical rescue team, after notification by the competent Police Unit or the competent military authority of the place, day and the time of scheduled transport.

§ 2a. (repealed).

§ 2b. In the event of referral of the offender to therapy or addiction therapy, the court shall send a copy of the decision to the manager of the medicinal product.

§ 2c. (repealed).

§ 2d. (repealed).

§ 3. If the perpetrator is in a detention facility or in an investigative detention order, the order shall be sent by the court to the director of the establishment or of the detention order, accompanied by a copy of the judgment.

§ 3a. For the purposes of drawing up the opinion referred to in paragraph 2, the members of the committee shall be entitled to remuneration and reimbursement of the necessary expenses incurred by them under the conditions laid down 618f of the Code of Criminal Procedure. The members of the committee shall have the right to reimbursement of the costs of the journey to the meetings of the commission under the rules laid down in the provisions concerning official travel within the country.

§ 4. The Minister responsible for health, in consultation with the Minister of Justice, shall determine, by means of a Regulation,

1. the mode of appointment and dismissal of the members of the psychiatric committee for security measures, its composition and manner of operation, and the way in which the committee's documentation is to be conducted,

(2) the rules of procedure for the implementation of safeguard measures,

(3) conditions for the protection of psychiatric establishments intended to carry out the safeguard measure referred to in Article 3 (2) of the EC Regulation. 200 § 2

-having regard to the proper implementation of the tasks of the Commission, the surrender of the culprit placed in a psychiatric institution with appropriate treatment or appropriate therapeutic methods, to counteract the behaviour of a perpetrator of life and health and other health and safety at the level of the treatment of the person concerned. the person concerned or causing the destruction of objects of a significant value and preventing the perpetrator from being unwilling to depart from the establishment.

§ 5. The Minister responsible for Health announces, by means of the Notice, in the Official Journal of the Republic of Poland "Monitor Polski" lists:

(1) psychiatric establishments intended to carry out a security measure against the perpetrators referred to in Article 4 (1). 93c paragraphs 1-3 of the Penal Code, including psychiatric facilities intended to execute a detention order in the form of a stay in a psychiatric facility, case-law against convicted crimes against sexual freedom, with taking into account the conditions referred to in Article 200 § 2, together with the number of beds,

2) medicinal entities intended to perform therapy against the perpetrators referred to in art. 93c of the Penal Code in the field of stationary activity, including the number of beds.

§ 6. (repealed).

Article 202. [ therapeutic management, psychotherapeutic, rehabilitation or rehabilitation treatment] The perpetrator against whom the protective agent is being performed shall include appropriate medical, psychotherapeutic, rehabilitation or rehabilitation procedures designed to improve his/her health and safety status to function in a society in a non-hazardous way, and in the case of a perpetrator placed in a psychiatric facility-also further treatment in conditions outside that establishment.

Article 202a. [ Stay in a psychiatric facility] § 1. Stay in a psychiatric institution ruled against the perpetrators referred to in art. 93c (2) of the Penal Code, shall take place before the execution of the custodial sentence, during or after the interruption of the sentence. On the basis of the results of the treatment, the court resolves the decision.

The Tribunal shall count against the sentence of the period of residence of the convicted in the establishment. Convictions may be conditionally released from serving the rest of the sentence if the conditions referred to in Article 4 are met. 77-79 of the Penal Code, and the results of the treatment for this speak; the dosage is mandatory.

Article 202b. [ Determination of the trial period, re-placement in the carcase] § 1. By adjudicating treatment or treatment of addiction to a convicted person as referred to in art. 93c item 5 of the Penal Code, which is released from a psychiatric facility or a criminal establishment, the court shall determine the trial period for the period from 6 months to years 2 and shall give the convicted under the supervision of the probation officer or the trustworthy person, association, institution or a social organisation, to which the activity is concerned about education, prevention of demoralisation or convictions.

§ 2. The Tribunal may order the reinsertion of the convicted in a detention facility if the convicted in the trial period is abrogated from the surrender of therapy or addiction therapy, abrogates from the supervision of the probation officer, commits a crime or blatantly violates the legal order or the rules of procedure of the medicinal product.

§ 3. If, during the period of the trial and within a further period of 6 months, no re-placement has been ordered in the detention facility, the penalty shall be deemed to have been made on the expiry of the trial period.

Article 203. [ Opinion on the health status of the perpetrator] § 1. The manager of a psychiatric facility shall, at least every six months, send to the court an opinion on the state of health of the person placed in that plant and on the progress of the treatment or treatment; such an opinion shall be given to the person concerned. shall be sent without delay if, in connection with a change in the health status of the offender, it is not necessary to continue to remain in the establishment.

The Tribunal may at any time request an opinion on the state of health and the applicable treatment or treatment and its results in respect of the perpetrator placed in the establishment referred to in paragraph 1.

§ 3. No remuneration shall be granted for drawing up the opinion referred to in paragraph 1.

Article 204. [ Ruling on the continued use of the safeguard measure] § 1. If, in the case of the perpetrator, he has been given a stay in a psychiatric institution, the court shall, at least every six months, rule on the continued application of that measure and, in the event of an opinion, that no further remaining of the offender in the establishment is necessary, immediately. If necessary, the court shall consult other experts.

§ 2. The following shall be compulsory at the meeting on the continued use of the perpetrator's stay:

1) the prosecutor,

2) the defenders in the cases referred to in Article. 8 § 2, unless the court adjudicates in favor or in accordance with the application of the convicted.

§ 3. By ruling on the dismissal of a psychiatric facility, the court should, in the event of a finding that there are grounds for accepting the perpetrator of the house of social assistance within the meaning of the Act of 19 August 1994. on the protection of mental health (Dz. U. of 2011 r. No. 231, item. 1375), shall inform the competent authority for social assistance.

§ 4. Article 1 (1) shall apply mutatis mutandis where, in the case of the perpetrator, another security measure has been adjudicated, except that the court shall rule on the continued application of that measure at least every 12 months.

Art. 204a. [ Use of coercive measures] The perpetrators of a psychiatric institution may be subject to direct coercive measures, in accordance with and in the manner prescribed by the mental health protection legislation.

Article 204b. [ Controlling the objects held by the perpetrators] In the psychiatric facilities referred to in art. 200 § 2 points 2 and 3, it is permissible to control the objects held by the perpetrators and the premises in which they are staying. The provisions of Article 4 Paragraphs 4 to 6 shall apply mutatis mutandis.

Art. 204c. [ Personal contacts of the perpetrator] Personal contacts of the perpetrator present in the psychiatric institution referred to in art. 200 § 2 (2) or (3), with visitors, may only take place with the consent of the managers of those establishments. Such consent may be refused, in particular when these contacts increase the risk of dangerous behaviour.

Art. 204d. [ A permit for temporary stay outside the plant under the care of a family member or a trustworthy person] § 1. The perpetrators in the psychiatric facility referred to in Article 200c, may be granted a temporary residence permit outside the plant under the care of a family member or a trustworthy person, if it is justified by therapeutic considerations or important family considerations, and the danger of the perpetrator being present In addition to the establishment of a prohibited act or to endanger its own life or health, it is insignificant.

§ 2. Licences shall be granted for a period not exceeding 3 days. In exceptional and particularly justified cases, an authorisation may be granted for a period not exceeding 7 days.

§ 3. Authorisation shall be granted by the Head of the Plant after obtaining the opinion of The manager of the plant shall immediately inform the court of approval.

§ 4. If the perpetrator does not return to the psychiatric facility referred to in art. 200c, with the expiry of the period for which the permit has been granted, the court shall immediately manage its search for and detention by the Police and lead to the establishment. The perpetrator is bringing the police to the doctor's assistant.

§ 5. The perpetrator who has not returned to the psychiatric facility referred to in art. 200c, with the expiry of the period for which the permit has been granted, a reauthorisation may be granted for a temporary stay outside the plant no earlier than one year after the date of return of the perpetrator to the establishment.

§ 6. A perpetrator who, while in addition to the psychiatric establishment referred to in art. 200c, has committed a prohibited act or has endangered its own life or health, shall not be granted a reauthorisation for a temporary stay outside the plant.

Article 205. [ Application of art. 180-186 laws] To implement the case-law of the prohibition or order referred to in Article 1. 39 points 2-3 of the Penal Code, the Article shall apply mutatis mutandis. 180-186.

Chapter XIV

Receivables

Article 206. [ Calling for the payment of court costs] § 1. The Tribunal shall invite the person liable to pay the legal or legal expenses of the order for their payment within 30 days and, in the event of an unsuccessfully expiry of that period of time, those charges shall be brought to death by means of enforcement.

§ 2. In the case of the distribution to instalments and the death of litigation, the following shall apply mutatis mutandis. 49-51, with the duration of the payment of the monetary penalty for a period of 6 months.

§ 3. The provisions of paragraphs 1 and 2 shall apply as appropriate to the enforcement of the decision on:

1) referring to the Treasury and the forfeiture, if its object is the amount of money,

(2) the reference to, or financial provision for, the Support Fund and the Postpenitentiary Assistance Fund

-except that the duration of the payment of these duties may not exceed 1 year.

Chapter XV

Provisional arrest

Article 207. [ Execution of temporary arrest] The execution of the provisional arrest shall serve to achieve the objectives for which the measure has been applied and, in particular, to secure the proper course of criminal proceedings.

Art. 207a. [ Way of Provisional Arrest] The manner in which the temporary arrest is executed shall not affect the procedural rights of the temporarily arrested person.

Article 208. [ The rest of the investigators] § 1. The arrests of investigators are subject to the Minister of Justice.

§ 2. The temporary arrest shall be carried out in the custody of investigators.

§ 3. Investigative detainees may be created as self-contained detainees or as segregated branches of penal establishments. Several arrests of investigators may have a common administration or a shared service.

§ 4. Investigative custody shall be headed by the Director; a branch may be directed to the Director of the Head of the Head of the General Directorate.

§ 5. The Minister of Justice shall, by way of ordinance, create and abolitize the detention of investigators with a view to existing needs in this respect.

§ 6. The Director General of the Prison Service shall determine, by means of ordinance, the purpose of the detention of investigators, taking into account, in particular, the need to ensure and reasonable use of accommodation facilities for all provisionally arrested persons.

Article 209. [ Relevant application of the provisions] The provisions relating to the execution of a custodial sentence, as amended by the provisions of this Chapter, shall apply mutatis mutandis to the execution of a temporary arrest.

Article 210. [ Rights and obligations of the arrested] When a temporary arrest is taken into custody, it shall be notified without delay of the rights and obligations arising from him and of the consequences arising from Article 4 (1) of the Rules of Law. 139 § 1 of the Code of Criminal Procedure, and in particular to enable him to familiarize himself with the provisions of this Code and the Rules of Procedure for the execution of a temporary arrest, and to undergo appropriate medical examinations and sanitary procedures.

Article 211. [ Notice of provisional arrest] § 1. After the adoption of a temporary arrest in custody of an investigator, the authority at the disposal of which he is temporarily arrested shall be notified without delay to the detention.

2. A temporary arrest shall be granted immediately after the detention of an investigator, shall inform the nearest person or any other person, association, organisation or institution of his/her whereabouts, as well as his/her defender. The temporarily arrested foreigner shall also have the right to notify the competent consular post, and in the absence of such an office, the competent diplomatic representation.

§ 3. A temporary arrest shall be released on the date on which the provisional arrest is due.

§ 4. Immediately prior to the dismissal of an investigative arrest, a temporary custody shall be given to the relevant information intended to prepare him for his post-release life, including the scope of post-penitentiary assistance and the institutions and bodies concerned. providing this assistance.

§ 5. The administration of the custody of the investigator shall be obliged to grant the aid in question to the place of residence or the place of residence or to the medicinal product.

§ 6. (repealed).

§ 7. In the event of a request for enforcement of a security measure referred to in § 6 against a person temporarily arrested in another case, the enforcement of that measure shall take place following the repeal of the provisional arrest in that case.

Article 212. [ Placement of temporarily arrested] § 1. Temporarily arrested should be deployed in police custody in a way to prevent their mutual demoralization. In particular, it is necessary to separate unpunished sentences and juveniles from adults, unless particular parental considerations speak for adulthood with juveniles or juveniles. The following shall be taken into account when arranging temporarily arrested in branches and residential purposes:

1) the necessity of separating temporarily arrested from convicts, as well as temporarily arrested officers of bodies appointed to protect public security or officers and employees of the Prison Service, employees of the organs of the dimension justice and prosecution of the other temporarily arrested,

2) the need to ensure order and security in the custody of investigators,

3) medical, psychological and rehabilitation recommendations,

4) the need to shape the proper atmosphere among the temporarily arrested,

5) the need to prevent self-aggression and to commit crimes during the temporary arrest.

§ 2. When arranging the temporarily arrested administration, the custody of the investigator shall take into account the indications of the authority at the disposal of the authority to secure the orderly conduct of the criminal proceedings and to ensure security in custody.

§ 2a. The provision of § 2 shall apply mutatis mutandis to the convotion of the temporarily arrested.

§ 3. Where it is necessary to isolate the detainees temporarily from each other, the authority at which it is available shall inform the director of the detention of the investigator.

Art. 212a. [ Provisionally-arrested qualification] § 1. The penitentiary committee shall be provisionally qualified as posing a serious social risk or a serious threat to the security of custody and shall verify, at least once every 3 months, a decision on the matter. Decisions taken shall be notified to the authority at the disposal of which the house has been temporarily arrested and the judge of the penitentiary.

§ 2. The temporary arrest referred to in § 1 shall be embedded within the designated branch or cell of an investigative detention order under conditions providing increased protection of the public and the security of that detention, notifying the judge of the penitentiary.

§ 3. [ 13] In order to be temporarily arrested as posing a serious social risk or a serious threat to the security of custody, the provisions of Article 4 respectively shall apply mutatis mutandis. 88a § 1 and 2.

§ 4. [ 14] (repealed).

§ 5. [ 15] Temporarily arrested under the law of 25 June 1997. the crown witness may be embedded, with his or her consent, in the branch or the cell referred to in art. 88a § 3.

§ 6. [ 16] (repealed).

Art. 212b. [ Conditions of stay in temporary custody] § 1. In the custody of the investigator temporarily arrested, as referred to in art. 212a, shall be in the following conditions:

1) residential purposes and places and spaces designated for: work, learning, walking, wistling, devotion, religious meetings and religion teaching, and cultural and educational activities, with a range of physical and sporting culture In appropriate technical and protective protection,

2) residential purposes are more often controlled than those in which the temporarily arrested, against whom the decision referred to in art has not been taken, is inferred. 212a § 1,

3) temporarily arrested can learn, work, directly participate in meetings, religious meetings and religion studies, and enjoy cultural and educational activities, with a range of physical and sport culture only in the branch in which it is embedded,

4) moving temporarily arrested after the area of the custody of the investigator is carried out under a reinforced supervision and is limited only to the necessary needs,

5. temporarily arrested shall be subjected to personal control at the time of departure and return to the cell,

6) a walk temporarily arrested takes place in designated places under a reinforced caretaker,

7) the way of personal contact of the representatives of the entities referred to in art. 38 § 1 of the temporarily arrested shall be determined in each case by the director of the detention of the investigator,

8) of vision take place in designated places under a reinforced caretaker. During the use of the visions in such a way as to prevent direct contact with visitors temporarily arrested cannot consume food and drink products. The vision may not take place in the presence of a provisionally arrested one, for which no decision has been taken, as referred to in Article 4. 212a § 1,

9) temporarily arrested shall not use his own clothing and footwear.

§ 2. [ 17] The conduct of a temporary arrest posing a serious social risk or a serious threat to the security of custody shall be subject to constant monitoring. The monitoring shall be carried out for residential purposes together with the sanitary-hygienic part and in the places and premises referred to in § 1 (1). A monitored image or sound is persisted.

§ 3. [ 18] The provisions of Article 4 88b § 2 and 3 shall apply mutatis mutandis.

Art. 212ba. [ Deduction of temporarily arrested special protection under conditions of increased isolation and protection] § 1. If, in connection with pending or terminated criminal proceedings in which he/she is temporarily arrested or participated as a suspected, accused, witness or victim, a serious threat has occurred or there is a direct threat to the the fear of a serious threat to his or her life or health, the director of the investigative detention shall include such temporarily arrested special protection under conditions of increased isolation and security, consisting in particular of:

1) the control of the state of his health,

2) providing psychological assistance,

3. Permanent supervision and censorship of correspondence,

4) control of the conversations during the visions.

§ 2. Special protection may also consist in the application of the temporarily arrested referred to in § 1:

1) the conditions for the execution of the temporary arrest referred to in Article 212b,

2) personal protection within the meaning of the Act of 25 June 1997. with a crown witness

-with the consent of the temporarily arrested person.

§ 3. The director of the investigative detention shall include temporarily arrested particular protection at the request of the court, before which the criminal proceedings are pending, or the prosecutor conducting or supervising the preparatory proceedings. The application shall state the reasons for the temporary arrest of the special protection and indicate the duration of the period of not more than 3 months.

§ 4. The director of an investigative detention may include, on a temporary basis, a specific protection subject to his reasoned request; the application shall state the reasons for the temporary arrest of the special protection and indicate the duration of the period of time of not more than 3 months. Before taking a decision, the director of the detention order shall consult the court or the prosecutor as appropriate, as referred to in § 3, and after the criminal prosecution of the opinion of the judge of the penitentiary is completed; pending the opinion, the Director may temporarily apply with respect to the temporarily arrested measures referred to in paragraph 1.

§ 5. In the decision to temporarily take into custody a particular protection, the period for which protection is to be carried out should be laid down and the way in which that protection is to be carried out.

§ 6. If, after the expiry of the period referred to in paragraph 5, there is still a serious threat or there is a direct concern to the occurrence of a serious threat to the life or health of the temporarily arrested, special protection shall be extended to another the period; the provisions of paragraphs 3 and 4 shall apply mutatis mutandis. The decision to extend the specific protection should be given in such a way as to safeguard the continuity of the application of that protection.

§ 7. In the event of a temporary arrest, the director of the custody of the court of inquiry shall, at the request of the court before which the criminal proceedings are pending, or the prosecutor conducting or supervising the preparatory proceedings, shall withdraw the proceedings. special protection. In the case of special protection temporarily arrested upon request, the withdrawal of special protection may take place on a request temporarily arrested or ex officio, after consultation of the court or prosecutor referred to in § 3, respectively, after the criminal opinion of the penitentiary is terminated.

§ 8. The decision on special protection, as well as the decision to extend or withdraw its application, shall be served on a provisional basis.

§ 9. The director of the detention order shall notify the judge of the penitentiary of the subject of temporary custody, whether or not to be extended or withdrawn.

§ 10. The specific protection shall also be applied in the event of a transfer temporarily arrested to another detention order. The director of the forensic detention in which he is temporarily arrested shall inform the director of the custody of the investigator to whom he is to be temporarily arrested, subject to special protection, and of the way in which he has been protected and of the reasons for her. apply. The director of the detention order, to which he has been temporarily arrested, shall immediately inform the judge of the penitentiary of the application to the temporarily arrested special protection.

§ 11. At the end of the criminal proceedings, the competent authority for the submission of applications of the court or the prosecutor referred to in § 3 and 7 shall be a penicillerary judge.

Art. 212c. [ Research Headquers] § 1. Temporarily arrested shall be subjected to a person's examination of a person, to the extent necessary for the prevention of the reciprocal demoralisation of the temporarily arrested and to ensure order and security in custody. Where psychological or psychiatric examinations are required, they shall be carried out on the basis of the rules laid down in Article 4. 83 § 1 and 2 and art. 84 § 3.

§ 2. The management of psychiatric examinations shall be notified to the authority at the disposal of which he is temporarily arrested.

Article 213. [ Execution of temporary arrest in the medical body] § 1. In the cases referred to in the Code of Criminal Procedure, the provisional arrest shall be carried out outside the custody of an investigator in the medical facility within the meaning of the provisions on medical activity indicated by the authority, at the disposal of which the temporary arrest is carried out. arrested remains. That authority shall also lay down the conditions for placement of the temporarily arrested on the said subject.

§ 2. The costs of the stay temporarily arrested in this entity shall be borne by the authority, at the disposal of which the temporarily arrested remains.

Article 214. [ Notice of use of coercive measures] § 1. In addition to the exceptions provided for in the provisions of this Chapter, the temporarily arrested shall enjoy at least such powers as the convicted prison of a restricted type in the ordinary system of a type of detention order and it does not apply to restrictions other than those which are necessary to secure the orderly conduct of the criminal proceedings, to maintain order and security in police custody and to prevent the reciprocal demoralisation of the temporarily arrested.

§ 2. The use of a direct or temporary coercive measure shall be notified without delay to the authority at the disposal of the arrested person.

Art. 214a. [ The provision of a health benefit in the presence of an officer not practising a medical profession] Temporarily arrested prior to the first qualification by the peniciary committee or temporarily arrested, referred to in Article 212a § 1, health benefits shall be provided in the presence of an officer not practising a medical profession. At the request of the person providing health benefits, health benefits may be granted provisionally arrested without the presence of an officer not practising a medical profession.

Article 215. [ The agreement with the defender or the proxy] § 1. The right to communicate with a lawyer, a lawyer who is a lawyer or a lawyer and a representative who is not a lawyer, who has been approved by the President of the European Parliament, is temporarily arrested. The Court of Human Rights to represent the convicted before the Court, in the absence of other persons and by correspondence. If the body at which it has been temporarily arrested is reserved for the presence of its presence or the authorised person, the vision shall be carried out in the manner indicated by that authority.

§ 1a. Where a national of a foreign country is temporarily arrested, he shall have the right to communicate with the competent consular office or diplomatic representation, and where the person who does not hold any other person is temporarily arrested nationality, with the representative of the country in which it is domicile, on the basis of the conditions referred to in paragraph 1.

§ 2. Temporary arrest should be allowed to prepare for the defence.

Article 216. [ Use of own clothing and nutrition] § 1. Temporarily arrested may use his own garments, underwear and footwear, unless it is disturbed by the order established in the arrest of investigators or precludes safety or health reasons. The temporary arrested shall not be in possession of means of communication, of technical devices for recording and retrieving information, computer equipment and, in addition to the deposit, objects and documents which may impede the correct tok criminal proceedings.

§ 2. temporarily arrested may, with the consent of the authority at which it is available, and the director of the detention use of nutrition, medicinal products and hygiene obtained from outside the detention of the investigator.

§ 3. The authority at the disposal of which it is temporarily arrested may limit or determine the manner in which the detainees referred to in paragraphs 1 and 2 have been temporarily arrested.

Art. 216a. [ Commissioning of the arrested at the time of the procedural steps] § 1. During the carrying out of procedural steps, transport and other justified cases, he shall be temporarily arrested using his own garments, underwear and footwear, unless they are inappropriate for reasons of time of time of the year or destroyed, or if they shall address the security considerations or the authority with which it has managed otherwise.

§ 2. Paragraph 1 shall apply mutatis mutandis to the temporarily arrested serviceman of the active service. During procedural steps, it occurs in uniforms, with signs of military degrees, and if it does not have proper uniforms, it uses another own garment, underwear and footwear.

Article 217. [ Seeing] § 1. [ 19] A provisional arrest may be obtained after the release of the management of the vision by the authority at which it is available. In the event of a temporary arrest at the disposal of several authorities, consent shall be required to see each of them, unless otherwise provided for by the authorities.

§ 1a. Temporarily arrested, subject to § 1b, shall have the right to at least one view per month with the person closest to it.

§ 1b. The refusal of the consent to the vision referred to in § 1a may take place only if there is a legitimate concern that the vision will be used:

1) in order to prevent the criminal proceedings from being impedimated,

2) to commit a crime, in particular incitement to crime.

§ 1c. On the order of refusal of consent to be provisionally arrested with the nearest person, provisionally arrested, and the applicant for the right of the person to whom he is entitled, shall be entitled to a complaint to the court at the disposal of the person concerned. Temporarily arrested. A complaint to the D.A.'s board recognizes the chief prosecutor's office.

§ 1d. If it is maintained by the contested order to refuse consent to the vision, to grant a complaint to the order of refusal of consent for a provisional arrest with the same person, issued within three months of the date of issue of the decision It is not acceptable to be maintained by the order of order.

§ 1e. The minor may obtain permission to see the person temporarily arrested at the request of a statutory representative.

§ 1f. Minors under 15 years of age shall benefit from the vision temporarily arrested under the care of the surviving representative of the statutory or full-age person, and in the event that the minor has not been authorised to take care of the minor. vision, does not wish or may not use it-under the care of an officer or an employee of an investigative arrest designated by the director of an investigative detention.

§ 2. Visitors shall be held under the supervision of a Prison Service officer in such a way as to prevent direct contact with the Visitor temporarily.

§ 3. The authority at the disposal of which it is temporarily arrested may authorise the granting of a view in such a way as to permit direct contact with the visitor to the person temporarily arrested.

§ 4. In the event of a vision in such a way as to permit direct contact with the visitor temporarily arrested, the person temporarily arrested may consume food and drinks purchased by the visitors in the custody of the investigator. At the request of the visiting person, the person shall be provided in such a way as to prevent direct contact with the temporarily arrested person.

§ 5. In the case of the temporary arrest referred to in Article 212a, director of investigative custody, shall notify the authority at the disposal of which he has been temporarily arrested, of the existence of a serious danger to the visitor, and that it is necessary to provide vision only in such a way as to make it impossible for him to direct contact with the temporarily arrested.

§ 6. The authority at the disposal of which it is temporarily arrested may limit or determine the manner in which it is temporarily arrested from the right to contact the clerical religious service or other persons, if required by the the need to ensure the proper course of criminal proceedings

Article 217a. [ Correspondences temporarily arrested] § 1. Detention, censorship or surveillance of correspondence temporarily arrested shall be carried out by the authority at the disposal of which the house has been temporarily arrested, unless the authority has otherwise been in charge.

§ 2. If the authority to which the detention remains, does not manage the detention, censorship or supervision of the correspondence temporarily arrested, these decisions may be taken by the director of the detention order, which shall notify the temporarily arrested, a penitentiary and a body at the disposal of which he is temporarily arrested, of the reasons for his or her detention, censorage or supervision. Article Recipe 105 § 4 shall apply mutatis mutandis.

Article 217b. [ Correspondence of the Temporarily Arrested] § 1. The correspondence of the temporarily arrested shall be sent by means of the authority at the disposal of which the provisional arrest remains. In the event of a temporary arrest at the disposal of several authorities, his correspondence shall be sent to the authority whose order was entered in the first place, unless otherwise provided by the authorities.

§ 1a. Correspondence temporarily arrested with a lawyer or attorney who is a lawyer or a legal adviser shall be sent directly to the addressee, unless the authority at the disposal of which he has been temporarily arrested remains, in particular, justified. cases, management or otherwise.

§ 2. The correspondence temporarily arrested with the Ombudsman, the Ombudsman of the Rights of the Child and the bodies set up on the basis of the international agreements on the protection of human rights, ratified by the Republic of Poland, shall be sent to the to the addressee.

§ 3. The provisions of § 2 shall apply mutatis mutandis to correspondence temporarily arrested with law enforcement, judicial and other state authorities and local authorities, unless the body at the disposal of which he has been temporarily arrested remains, managed differently.

§ 4. The correspondence referred to in paragraphs 1a-3, the administration of the custody of the investigator shall be served on a provisional basis, which shall be confirmed by the signature and the date of receipt of the information. In the case of refusal of confirmation, the mention shall be made in the official letter or acknowledgement of receipt.

Article 217c. [ The expression of consent to use the telephone apparatus] § 1. Temporarily arrested:

1) may use the telephone apparatus, subject to § 2 and 3, in accordance with the rules laid down in the Rules of Procedure for the execution of the temporary arrest, with the consent of the body at which it is disposed,

2) may not use other means of wired and wireless communication.

§ 2. The authority, at the disposal of which he has been temporarily arrested, shall issue an order of consent for the use of the telephone apparatus, unless there is a legitimate concern that it will be used:

1) for the unlawful obstruction of criminal proceedings,

2) to commit a crime, in particular incitement to crime.

§ 3. In the event of a temporary arrest at the disposal of several authorities, the consent of each of them shall be required, unless otherwise provided for by the authorities.

§ 4. On the order of refusal of consent to the use of a telephone apparatus temporarily arrested shall be entitled to a complaint to the court at the disposal of which it remains. A complaint to the D.A.'s board recognizes the chief prosecutor's office.

Art. 217d. [ Consent to leave of detention] Grant of the provisionally arrested authorisation referred to in Article 141a § 1 requires the issuing of an order of consent by the authority, at the disposal of which the temporarily arrested remains.

Article 218. [ Temporarily arrested] § 1. A temporary arrest is required to carry out the work of order in the custody of the investigator; other works may be employed only with his consent. In addition, employment outside the custody of an investigator shall be subject to a provision of order by the authority at the disposal of which the arrest remains temporarily.

§ 2. The temporary arrested employed shall be paid off by the amount of the deductions referred to in Article 3. 125 § 1.

§ 3. He may be temporarily arrested, with his consent, with free of charge, within the custody of the investigator.

Article 219. [ Disposition of worthwhile items] He may dispose of money, items of value and other items on a temporary basis, including the payment of money into a bank account, unless the authority at which he or she remains available is managed otherwise.

Article 220. [ Amount released from execution] From the funds received by the temporarily arrested person, the amount up to half of the average monthly salary of employees, which is necessary to cover the costs of transit from the custody of the investigator to the place of residence, is not subject to the execution of the funds received by the temporarily arrested on maintenance in the coming days after release. Article Recipe 126 shall apply mutatis mutandis.

Article 221. [ Awards] § 1. Awards shall be granted to the provisionally arrested distinguishing holder of the internal order in police custody and the rules laid down in the rules of procedure for the execution of the temporary arrest.

§ 2. The Headings are:

1) permission for individual outfit of residential cell,

2) an extra or longer walk,

3. authorisation to receive an additional food parcel or to receive parcels more frequently,

4) individual derogation from the order of internal detention of the investigator, to the extent determined by the director of the detention of the investigator,

5) permission to participate more frequently in cultural and educational activities, in the area of physical culture and sport,

6. authorisation for a longer period of vision,

7) permission to make additional purchases of food items and tobacco products and items admitted for sale in the custody of investigators,

8) tarnition of all or some disciplinary penalties,

9) prize in kind or cash.

Article 221a. [ Moving around the area of the investigative detention] Moving temporarily arrested on the grounds of detention, teaching and employment, direct attendance at meetings, religious meetings and religion teaching, and the use of visions, walks, baths, classes cultural and educational activities, as well as the physical and sport culture, as well as their participation in process activities, taking into account the need to safeguard the proper course of criminal proceedings.

Article 222. [ Disciplinary penalties] § 1. A disciplinary responsibility shall be temporarily arrested for the pending infringement of orders or prohibitions resulting from the Act, the Rules of Procedure or any other provisions issued on the basis of the law, or the detention order established in the custody of the investigator.

§ 2. The disciplinary measures shall be as follows:

1) nagana,

2) deprivation of the use of own food, for a period of up to 14 days,

3) deprivation of the possibility of receiving food parcels, for a period of up to 3 months,

4) deprivation of the relief granted,

5) placing in the insulating cell for up to 14 days,

6) deprivation of the right to participate in certain cultural and educational activities or from the scope of physical culture and sport, with the exception of the use of books and the press, for a period of up to 1 month,

7) deprivation or restriction of the possibility of making purchases of foodstuffs or tobacco products, for a period of up to 1 month.

Article 222a. [ The decision to punish the disciplinary punishment] § 1. The decision to punish the disciplinary penalty should include the determination of the overrun committed by the temporarily arrested.

§ 2. The decision to punish, repeal, give, postpone, replace, suspend or terminate a disciplinary penalty, and to waive disciplinary punishment shall be drawn up in writing and shall be notified provisionally to the arrested.

§ 3. If, during the period of suspension of the execution of the disciplinary penalty, the temporarily arrested disciplinary penalty has been re-executed, the suspended sentence shall be executed, unless the director of the investigative detention order decides otherwise.

§ 4. Before the disciplinary penalty laid down in the Article 222 § 2 (2) and (3) temporarily arrested, to whom additional purchases of foodstuffs have been authorised due to the state of health, or to receive parcels or diets more frequently, shall be consulted by a doctor.

Article 223. [ Move to the penal facility] § 1. After the conviction of the conviction of the court of first instance, the temporarily arrested may be transferred to the criminal establishment; the court, at the disposal of which he temporarily arrested remains, may decide otherwise.

§ 2. In relation to the temporarily arrested transferred under § 1 to the penal undertaking, the provisions on the enforcement of the temporary arrest shall apply, unless he/she has agreed to the application of the provisions on the enforcement of the sentence of deprivation. freedom.

§ 3. Temporarily arrested, convicted by the court of first instance, in respect of which the court did not object to the transfer to the penal facility, and temporarily arrested the assent to the application of the provisions on enforcement of the sentence The penitentiary committee classifies immediately upon receipt of the notification of conviction.

§ 4. The consent referred to in § 3 shall be expressed before the classification decision is taken and confirmed by the signature provisionally arrested. The withdrawal of the consent provisionally arrested after the decision by the penitensionary committee is ineffective.

§ 5. Temporarily arrested, convicted by the court of first instance, who did not consent to the application to him of the provisions on the execution of a custodial sentence, the penitentiary committee qualifies for temporarily arrested, who may be transferred to the penal facility with the detainee's detention center.

§ 6. The provisions of paragraphs 1 to 5 shall apply mutatis mutandis in the event of a temporary arrest for:

1) convicted in the territory of the Republic of Poland, legally sentenced by a court of a foreign state to a sentence of imprisonment subject to enforcement,

2) a Polish citizen or a person having the place of permanent residence on the territory of the Republic of Poland, for whom the measure of deprivation of liberty has been adjudicated

-pending the determination by the competent court of the legal qualification of the act according to the Polish law and the penalty or measure subject to enforcement.

§ 7. The provisions on the execution of a temporary arrest shall also apply to the person referred to in Article 4 of the person referred to in Article 4 (1), in custody or in a detention facility. 589a of the Code of Criminal Procedure.

Art. 223a. [ Privileges for the execution of custodial sentence] § 1. Temporarily arrested, in respect of whom a custodial sentence is executed in another case, shall exercise powers such as convicted, except for: visions, correspondence, use of telephone apparatus and other means of wired communication and wireless, possession of objects in a cell, use of health services, notification to a body with qualification for temporarily arrested posing a serious social risk or a serious threat to security the criminal establishment and the treatment of the treatment in the detention facility after the the exemption, as well as for the authorisation referred to in Article 141a, and in other cases, where the need to safeguard the proper course of criminal proceedings so requires, to which the provisions of this Code are applied on a provisional basis, are subject to the application of the provisions of this Code.

§ 2. The temporary arrest referred to in § 1 shall not use the permits listed in the art. 91 points 7 and art. 92 point 9, prizes mentioned in art. 138 § 1 points 7 and 8, as well as of the authorisation referred to in art. 165 § 2.

§ 3. The authority at which it is temporarily arrested may order the application of the arrest referred to in paragraph 1 to be applied on a provisional basis, including other provisions relating to the provisional detention.

§ 4. The temporarily arrested referred to in § 1 shall be placed in custody separately from the convicted persons.

Chapter XVa

Placing temporarily arrested and convicted of imprisonment in detached rooms or premises for detainees

Art. 223b. [ Placement of temporarily arrested or convicted in a separate room] § 1. Temporarily arrested after the introduction of an indictment or convicted may be placed in a secreted room of the Police, Border Guard or the Armed Forces of the Republic of Poland dedicated to detainees, if his convotion from another localities, in connection with the participation in the court proceedings, would be connected with excessive difficulties or costs.

§ 2. The placement of the temporarily arrested or convicted in the room referred to in § 1, due to his participation in the court action may take place only for the time necessary for the performance of the action. In the event of a postponed or a break in execution for a period of more than 3 days, the temporarily arrested or convicted shall be transferred to the appropriate custody of the investigator or the criminal establishment.

§ 3. Orders on this subject shall be issued by the President of the Court of Justice, in respect of the temporarily arrested person at the disposal of another court, with the agreement of that court and, in relation to the convicted person, with the agreement of the competent judge of the penitentiary.

Art. 223c. [ The complaint against the provision of a temporary arrest or sentenced in a separate room] § 1. On the ordinances referred to in Article The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of First Chamber shall have jurisdiction

§ 2. The Tribunal shall recognize the complaint without delay. In the event of the recognition of the unjustified placement in the room referred to in Article. 223b § 1, the court instructs the immediate transfer of the temporarily arrested or convicted to the proper custody of the investigator or the criminal establishment. The decision of the court of appeal shall not be entitled.

Art. 223d. [ Placement of temporarily arrested or convicted in a separate room for the duration of an obstacle preventing convotion] § 1. Temporarily arrested or convicted, convoed by police officers, the Prison Service, the Border Guard, the Internal Security Agency, the Central Anti-Corruption Bureau or the soldiers of the Military Gendarmerie, may be placed in room for detainees, for the duration of an obstacle preventing convotion or necessary for humanitarian reasons. The decision on this subject shall be taken by the convoy commander During that period, no procedural steps may be made with the participation of a convoy in connection with which it is convoy.

§ 2. The provision of paragraph 1 shall apply mutatis mutandis in the event of an obstacle preventing the bringing or the adoption of temporarily arrested or sentenced to custody of a criminal investigator or of a criminal undertaking, and in the event of an unforeseen landing by road the air or an unforeseen interruption of the carriage by another by the person provided under the conditions and under the conditions laid down in the Rome Statute of the International Criminal Court, drawn up in Rome on 17 July 1998. (Dz. U. 2003 r. Nr 78, pos. 708). The decision on this subject shall be taken by the Commandant or Head of Unit of Police, Border Guard, Internal Security Agency, Central Anticorruption Bureau or Military Gendarmerie respectively.

§ 3. Any placement of temporarily arrested or sentenced for humanitarian reasons in the room referred to in § 1 may take place for a period of not more than 8 hours.

Art. 223e. [ Referral, delegation] § 1. Against temporarily arrested and sentenced persons placed in premises referred to in art. 223b § 1, the provisions of the Rules of Procedure for the execution of the temporary arrest, the rules of procedure for the execution of the custodial sentence, the rules on the supervision of the penitentiary, and other provisions shall apply accordingly. regulating the execution of temporary arrest and custodial sentences.

§ 2. The minister competent for internal affairs, in consultation with the Minister of National Defence and the Minister of Justice, will determine, by means of the regulation, the list of premises referred to in art. 223b (1) in which they may be temporarily placed in custody and sentenced, and the conditions to which they must comply, taking into account the need to ensure conditions comparable to those laid down for the detention of investigators and detention facilities at the time of the first subparagraph of Article 1 (1) of the EC-law. the execution of temporary arrest and imprisonment.

MILITARY PART

Chapter XVI

General provisions

Article 224. [ Application of provisions to soldiers] The provisions of the general, special and final parts shall apply mutatis mutandis to the soldiers and, in the cases referred to in the Act, also to persons appointed to the service of military service, as amended by the provisions of this Part.

Article 225. [ The bodies of the implementing procedure] § 1. With regard to the decisions of the military courts, the rights and obligations of the implementing bodies referred to in Article Points 1 to 4 and 6 respectively shall have:

1) a military court of first instance or another equivalent court,

2) the military court, referred to in art. 3 § 3,

3) the president of the military court or an authorized military judge,

4) Military judge of the penitentiary,

5) a military social curator.

§ 2. The bodies of the executive proceedings are also:

1) the commander of the military unit,

2) a military administration authority competent for official competence.

§ 3. The decisions of the bodies referred to in paragraphs 1 (3) to (5) and (2) shall apply mutatis mutandis. 7.

Article 226. [ Penitentiary supervision over the execution of a military detention penalty] § 1. The surveillance of the prison sentence imposed by the military court and the detention of the military judge of the penitentiary is carried out by the penitentiary on the execution of the sentence of military detention.

§ 2. The supervision referred to in § 1 shall also apply to the penalty of restriction of liberty being carried out in a secretive military unit.

Chapter XVII

Penalty of restriction of liberty

Article 227. [ Enforcement of the restriction of liberty] § 1. Penalty of restriction of liberty to persons listed in Art. 323 § 3 of the Penal Code shall be carried out by the commander of the military unit in which the convicted full service, or any other competent commander.

§ 2. Kara restriction of liberty to persons listed in art. 323 § 4 of the Penal Code executes the commander of a dedicated military unit.

Article 228. [ Rules for the organisation and order of enforcement of the sentence] § 1. The Minister of National Defence, by way of ordinance, creates and abolishments the military units separated into the execution of the sentence specified in Art. 323 § 4 of the Penal Code.

§ 2. The Minister of National Defence, in consultation with the Minister of Justice, will determine, by means of a regulation, the rules of procedure for the organization of the execution of the sentence specified in art. 323 § 4 of the Criminal Code, taking into account, in particular, the rules for the exercise of that penalty against persons subject to military service

§ 3. Derogations from the general military order contained in the Rules of Derogation are intended to enhance social and military discipline and to consolidate military knowledge.

Article 229. [ Making Deductions] § 1. Where the judgment is based on the obligation laid down in Article 323 § 3 of the Penal Code, making deductions shall be made in accordance with the court's indications.

§ 2. The commander of the military unit shall notify the court of the deductions made from the remuneration of the convicted.

Article 230. [ Exemption from rest of the sentence] § 1. Exemption from the rest of the penalty provided for in Article 83 of the Penal Code may also be carried out at the request of the military unit commander.

§ 2. To give judgment on the subject referred to in Article 323 § 5 of the Penal Code shall be applied mutatis mutandis. 13.

Chapter XVIII

Imprisonment and the punishment of military detention

Article 231. [ Military Training Sentenced to Military Arrest Penalty] Military training sentenced to a military detention order is aimed at perpetuating acquired military knowledge, maintaining physical and mental fitness, and stepning up discipline.

Article 232. [ Military Training Manager] § 1. Military training in a detention facility for military detention shall be directed by an officer appointed, on the basis of separate provisions, to carry out tasks outside the military.

§ 2. The officer driving the military training is the deputy director of the penal facility, as well as the superior of the professional soldiers designated to perform the tasks in this regard.

§ 3. The director of the criminal establishment, before taking decisions related to the execution of the sentence, shall be acquainted with the opinion of the officer directing the military training; this officer shall form part of the commission of the penitentiary.

Article 233. [ Separate convictions] The following convictions shall be separately deployed:

1) officers,

(2) the professional subofficers, the services of the overtime and the periodic,

3) others.

Article 234. [ Awards] § 1. A convicted military detention order may receive the prizes provided for in art. 138 § 1, except that the time of vision specified in Art. § 138 § 1 point 7 may not exceed 60 hours.

§ 2. The convicted military detention order receives the permission to see outside of the plant from the director of the Polish Army on the Polish Military Day, unless there is no progress in military training against this.

§ 3. The provisions of Article 2 shall apply mutatis mutandis to the authorisation referred to in paragraph 2. 139 § 1, 2, 7 and 8 and Art. 140.

Article 235. [ Penalty of restriction of liberty] § 1. In relation to the soldier, the court may apply the Articles accordingly. 330 of the Criminal Code, if the request is submitted by the commander of the military unit

§ 2. On a soldier holding an essential military service in respect of which the execution of a replacement sentence of imprisonment has been ordered, regardless of its size, the court may impose the appropriate obligations or measures, referred to in art. 67 or 72 of the Penal Code.

Article 236. [ Co-operation with relevant military institutions] In order to achieve the objectives of the penalty, the director of the criminal undertaking shall cooperate with the relevant military institutions and bodies referred to in Article 4. 38 § 1.

Chapter XIX

Punitive measures

Article 237. [ Expulsion from professional military service or degradation] In the event of a decision against a soldier of expulsion from a professional military service or of degradation, the court shall manage the enforcement of the case by the competent commander and shall inform the relevant military authority of the content of the decision.

Article 238. [ Notice of the decision of the criminal measure] If a criminal measure other than the one provided for in the Article is adjudicated against the soldier. 237, the court shall also inform the commander of the military unit in which the sentenced person has been in service and the military authorities responsible for the decision as well.

Article 239. [ Surrender under the supervision by a military court of convicted civil person] § 1. In case of devotion under the supervision by a military court of a convicted civil person, the court shall request the competent general court to issue a court curator.

§ 2. In the event of an exemption from the active military service of a soldier whose military court has handed over under surveillance after the conviction, the court shall request the competent general court to issue a court curator.

§ 3. In case of devotion under the supervision by the general court of the convicted soldier serving an active military service, the provision of art. 334 § 2 of the Penal Code shall apply accordingly.

§ 4. The supervision of a soldier of active military service shall be carried out in the place of duty.

Chapter XX

Provisional arrest

Article 240. [ Provisional arrest of active duty soldiers] The temporarily arrested active duty soldiers are imprisoned in the custody of investigators in the expentive targets.

Article 241. (repealed).

END PART

Chapter XXI

Explanation of statutory expressions

Article 242. [ Definitions] § 1. Where, in the general part of this Code, the term 'convicted' is used, the relevant provisions shall also apply to the temporarily arrested person and to the perpetrator in respect of which the security measure has been applied.

§ 2. If this Code uses the term 'accused' in general, it shall also be understood by the suspect.

§ 3. If this Code uses the term 'custodial sentence' to be used in the general sense, this should also be understood as a substitute sentence of imprisonment, punishment of military detention, punishment of detention or replacement of detention, order and measure a coercive effect, unless the law provides otherwise.

§ 3a. The term 'penal establishment' used in this Code also means the branch of the criminal detention facility, and the term 'investigative detention' shall also mean a branch of the criminal detention centre in the detention facility.

§ 4. The term 'court' shall mean the general or military court referred to in Article 4 (1). 3 § 1, subject to the provision that Article 1 6 § 1, art. 7, art. 8 § 2, art. 10, art. 11 § 1, art. 13, art. 15 and Art. 18-24 shall apply mutatis mutandis to the court of the penitentiary or other court competent under this Code.

§ 4a. The term 'Director' shall also mean the Deputy Director of the Criminal Detention Facility or of the criminal undertaking, as well as the Officer or the staff member of the criminal or criminal case, who has been authorised to replace the director of the criminal or detention facility. investigator during his absence.

§ 5. The term "average monthly salary of employees" used in this Code means the average monthly salary in the previous quarter, valid from the first day of the following month following the announcement by the President of the Chief Executive Statistical in the Official Journal of the Republic of Poland "Monitor Polski" for pension purposes.

§ 6. The concept of supervision over correspondence is understood to be the opening of the letter and the verification of its contents.

§ 7. The concept of censorship of correspondence is understood to be familiar with the content of the letter and the removal of parts of its text or making it unreadable.

§ 8. By the concept of stopping correspondence, it is understood that it does not pass on to the addressee and to include the convicted person's personal files.

§ 9. By the concept of supervision over the vision, it is understood to ensure order during its duration.

§ 10. By the concept of controlling a conversation in the course of a vision or a telephone conversation, it is understood to read its contents and the possibility of interrupting or perpetuating it.

§ 11. Checking the package means checking the packaging and contents of the package.

§ 12. The term 'church', which is used in this Code, is to be understood as a church, other religious affiliation with a statutory legal situation.

§ 13. By used in art. 91 point 7, art. 92 point 9 and in art. 139 § 3 and 4 term "year" shall be understood to mean the period of 12 months preceding the day of commencement of the use of the next pass or permit to leave the penal facility.

§ 14. For the purposes of this Code, the terms 'work establishment' and 'employing entity' shall be understood to mean the employer as an organisational unit employing employees.

§ 15. The concept of indemnification shall be understood to mean the amount remaining after the deduction of the social security contributions, the amounts for the Paid Assistance Fund and the Postpenitentiary Assistance Fund and the amount of the The Convicted Occupational and Prison Development Fund, which forms the basis for the payment of an advance on income tax on natural persons.

Chapter XXII

Transitional and final provisions

Article 243. [ Transitional provisions] § 1. The provisions of this Code shall also apply in the execution of judgments which have become enforceable before the date of its entry into force.

§ 2. The procedural steps of the executive proceedings and other enforcement activities, made prior to the entry into force of this Code with the provisions of the existing regulations, shall be effective.

§ 3. In case of doubt whether the existing law or code of enforcement is to be applied, this Code shall apply.

Article 244. [ Takeover of a Polish citizen convicted abroad] The provisions of this Code shall apply mutatis mutandis in the execution of the sentences after the acquisition of a Polish citizen convicted abroad; determination of the legal qualification of the act according to Polish law and the penalty or the criminal or protective measure subject to execution follows the provisions of the Criminal Code and the Code of Criminal Procedure.

Article 245. [ Forwarding to a foreigner or a Polish citizen] Until the time of transfer to a foreign state of a foreigner or a Polish citizen against whom the decision has been made, it shall be exercised in the mode of this Code. The enforcement of that decision shall cease on the date of the transfer.

Article 246. (repealed).

Article 247. [ Limitation of employment and detainees] § 1. In cases justified by specific health or health reasons, or a serious threat to security, the director of a criminal or criminal establishment may, for a limited period of time, hold or restrict the employment of the detainees, contacts between The European Council of the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European Council, the European closure of the target or other premises in which they are staying or working embodies, prohibit the possession of certain objects in a cell and suspend the function of a convicted ombudsman.

§ 2. In the event of the introduction of restrictions or prohibitions referred to in § 1, for a period of up to 7 days, the director of the criminal or investigative detention facility shall immediately notify the decision of the investigating judge of his or her decision. The extension of the duration of restrictions or prohibitions shall require the approval of that Judge. The absence of a judge's consent shall not suspend the execution of the decision of the director of the criminal or investigative plant. The decision of the judge to the director of the plant or of the detention shall be entitled to a complaint to the court of penitentiary. Article Recipe 7 § 5 shall apply mutatis mutandis.

§ 3. If the vision, due to the person visited or the visitor, creates a threat to the security of the criminal or investigative detention facility or to the legal order, the director of the establishment or the detention facility may make his case subject to the fulfilment of the conditions to ensure safety.

Article 248. (repealed).

Article 249. [ Delegations] § 1. The Minister for Justice shall lay down, by means of a regulation, the rules of procedure for the execution of a custodial sentence and the rules governing the organisation of the execution of a temporary arrest, specifying in particular:

1) the organization of admissions to penal establishments and the arrests of investigators,

2) the manner of the placement of the inmates for residential purposes,

3) the internal order of the detention facilities and the arrests of investigators,

4) the organization of admission of correspondence and the organization of the visions in the detention facilities and the arrests of investigators,

5) ways of using by temporarily arrested and convicted from the telephone apparatus,

6) the conditions of health care and being in detention facilities and the detention of investigators,

7) the way of preparing the convicted and temporarily arrested for their release from the penal facility and the detention of the investigator

-having regard to the need to ensure internal order and security in detention facilities and investigative detention facilities.

§ 2. The Minister of Justice, in agreement with the Minister of National Defence, shall determine, by means of a regulation, the rules of procedure for the execution of the sentence of military detention, taking into account, in particular, the organization of the admission of these persons to the establishment criminal, rules for the placement of convicted soldiers for residential purposes, rules for the participation of the bodies designated by the Minister of National Defence in the process of rehabilitation of convicted soldiers and methods of influence on convicted persons taking into account the principles the service of military service.

§ 3. The Minister of Justice shall determine by way of regulation:

(1) the means of conducting penitentiary interactions in detention facilities and investigative detention facilities, in particular with regard to their organisation, conditions, rules and forms, and how they shall document their interactions,

2) the housing conditions of persons embedded in the detention facilities and the arrests of investigators, bearing in mind the need to provide embedded clothing, underwear, footwear, table equipment, hygiene and cleanliness measures, as well as furnishing of premises in basic equipment Quarterunc

3. the means of dealing with applications, complaints and requests of persons embedded in detention facilities and arrests of investigators, taking in particular the principles and mode of reception and recognition of applications, complaints and requests, as well as their records and documentation,

4) ways to protect the organizational units of the Prison Service and the persons embedded in the detention facilities and the arrests of investigators, including:

(a) the organisational form of the protection of the Prison Service organisational units,

(b) the tasks of officers and employees of the Prison Service and of the imprisonment of establishments,

(c) how to deal with persons embedded in detention facilities and investigative detention facilities, including during their convotion,

(d) conditions of entry into the territory of the Prison Service Organisational Units of persons other than officers or employees of the Prison Service or of the prison staff of the establishments of the Prison Service

-having regard to the need to ensure the smooth performance of the Prison Service, the internal order and security of the Prison Service's organisational units and the security of persons embedded in penal facilities and detention facilities Investigators,

5) ways of defending the organizational units of the Prison Service in situations of health and life-threatening situations of officers and employees of the Prison Service, employees of imprisoned work establishments, and inmates at the detention facilities and arrests of investigators, in the outcome of natural disasters, as well as threats to people and the environment in emergency situations,

6) administrative and financial settlement activities related to the carrying out of the deposit of valuables and cash of persons deprived of liberty, taking into account, in particular, the records of deposited funds and objects, activities related to their reception, storage and publishing, including the collection of cash on savings books, the mode of transfer of deposited funds and items between organizational units, activities related to settlement of fixed-work receivables, purchasing mode by embedding and documenting these tasks,

(7) the administrative tasks involved in the execution of the temporary arrest and the penalties and coercive measures that result in the deprivation of liberty and the documentation of those activities, taking into account the need to ensure the smooth operation of the activities administrative and internal order in detention facilities and investigative detention,

8) (repealed).

Art. 249a. [ Health and safety conditions] The Director General of the Prison Service may, by order of order, specify:

1) the organization of fire protection and fire protection in the organizational units of the Prison Service,

2) detailed rules for the conduct and organization of the work of the penitentiary and the ranges of activities of the officers and employees of the penitentiary and therapeutic departments and of the penitentiary branches,

3) the organization of health services in the organizational units of the Prison Service,

4) the scope and form of keeping the records of persons deprived of liberty by the Organizational Units of the Prison Service,

5) the permissible quantity and dimensions of things, including food, held by the convicted in the course of stay in the detention facility and the manner of handling the objects and food, the dimensions or quantity of which violate the binding order or make it difficult to convoe.

Article 250. (repealed).

Article 251. [ Placement temporarily arrested in the Police Room] § 1. Temporarily arrested after the lodging of an indictment or convicted may be placed in a secreted room of the Police, Border Guard reserved for detainees or in a separate room of the garrison detention facility if its participation in the judicial activities would be linked to excessive difficulties or the cost of convotion from another village.

§ 2. The placement of the temporarily arrested or convicted in the room referred to in § 1, due to his participation in the court action may take place only for the duration of that activity. In the event of a postponed or a break in execution for a period of more than 3 days, the temporarily arrested or convicted shall be transferred to the appropriate custody of the investigator or the criminal establishment.

§ 3. Orders on this subject shall be issued by the President of the Court of Justice, in relation to the temporarily arrested person at the disposal of another court, with the agreement of that court and, in relation to the convicted person, with the agreement of the competent judge of the penitentiary.

Article 252. [ The complaint to place in the room] § 1. On the ordinances referred to in Article 251 (3), temporarily arrested or convicted, shall be entitled to a complaint to the court of appeal.

§ 2. The Tribunal shall recognize the complaint without delay. In the event of the recognition of the unjustified placement in the room referred to in Article. 251 § 1, the court instructs the immediate transfer of the temporarily arrested or convicted to the proper custody of the investigator or the criminal establishment. The decision of the court of appeal shall not be entitled.

Article 253. [ Convotion of the convicted] § 1. Temporarily arrested or convicted, convoed by police officers, the Prison Service, the Border Guard, the Internal Security Agency or the Central Anti-Corruption Bureau or the soldiers of the Military Gendarmerie, may be placed in room for detainees, for the duration of the obstacle preventing the convotion. The decision on this subject shall be taken by the convoy commander During that period, no procedural steps may be made with the participation of a convoy in connection with which it is convoy.

§ 2. The provision of paragraph 1 shall apply mutatis mutandis in the event of an obstacle preventing the bringing or the adoption of temporarily arrested or sentenced to custody of a criminal investigator or of a criminal undertaking, and of an unforeseen landing by road. an air or an unforeseen interruption of the journey by another person on the basis and under the conditions laid down in the Rome Statute of the International Criminal Court, drawn up in Rome on 17 July 1998. (Dz. U. 2003 r. Nr 78, pos. 708). The decision on this subject shall be taken by the Commandant or Head of Unit of Police, Border Guard, Internal Security Agency, Central Anticorruption Bureau or Military Gendarmerie respectively.

§ 3. (repealed).

Article 254. [ Application of provisions of the organisational and ordinal rules] § 1. Against temporarily arrested and sentenced persons placed in premises referred to in art. 251 § 1, the provisions of the Rules of Procedure for the execution of the temporary arrest, the rules of procedure for the execution of the custodial sentence, the rules on the supervision of the penitentiary, and other provisions shall apply accordingly. regulating the execution of temporary arrest and custodial sentences.

§ 2. The minister competent for internal affairs, in consultation with the Minister of National Defence and the Minister of Justice, will determine, by means of the regulation, the list of premises referred to in art. 251 (1), where they may be temporarily arrested and sentenced separately, and the conditions to which they must comply, with the need to ensure that the conditions laid down for the arrest of investigators and the detention facilities are to be ensured in the execution of the temporary arrest and imprisonment.

Article 255. [ Advance of Sentenced Work Periods] Periods of sentenced work carried out before the date of entry into force of this Code shall be counted against the working period on which workers ' rights are subject, in accordance with the rules applying before that date.

Article 256. [ Regulations for the use of direct coercive measures] The use and use of direct coercion measures or the use of arms against persons deprived of liberty shall be governed by a separate law.

Article 257. [ Repealed provisions] § 1. As from the date of entry into force of this Code, the existing provisions on matters relating to it have been repealed.

§ 2. In particular, they shall be repealed:

1) Act of 19 April 1969. -The Code of Executive Penal (Dz. U. Nr 13, pos. 98, of 1975. Nr 45, poz. 234, z 1982 r. No 16, pos. 125 and No. 45, pos. 289, of 1985 No. 23, pos. 100 and No 31, pos. 138, 1988. Nr 20, pos. 135, 1990. No 14, pos. 85, Nr 34, poz. 198 and No. 36, pos. 206, 1995 No. 95, item. 475 and 1996. Nr 61, pos. 283),

2. the provisions of:

(a) Article 36 and 37 of the Act of 20 June 1985. o Prosecutor's Office (Dz. U. 1994 r. No 19, pos. 70 and No 105, pos. 509, of 1995. Nr 34, pos. 163 and 1996. Nr 77, pos. 367),

(b) the ratio of the State to the Churches, concerning the exercise of religious practices of persons convicted and temporarily arrested.

Article 258. [ Implementing rules] If any of the items set out in this Code are provided for the issue of implementing rules, until such time they are issued retain the power of the existing regulations, if they are not contrary to the provisions of this Code.

Article 259. [ Entry into force] The Act shall enter into force on 1 September 1998, except that the provisions of Article 4 (1) of the Law on the 251-254 shall be valid for no longer than 10 years from the date of its entry into force.

[ 1] Article 76 (1), point 7, in the version set by the Article. 1 point 1 of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 2] Article 88 (3) in the version set by the Article 1 point 2 (a) a) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 3] Article 88 (4), repealed by Article 88 (4) of the 1 point 2 (a) b) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 4] Article 88 (5), repealed by Article 88 (5) of the 1 point 2 (a) b) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 5] Article 88 (5a) repealed by Article 88 1 point 2 (a) b) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 6] Article 88 (5b), repealed by Article 88 (5) (b) 1 point 2 (a) b) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 7] Article 88a, as set out by Article 88 (1), 1 point 3 of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 8] Article 88b (1) in the version set by the Article. 1 point 4 (a) b) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 9] Art. 88b § 2 added by art. 1 point 4 (a) c) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 10] Art. 88b § 3 added by art. 1 point 4 (a) c) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 11] Article 88c in the version set by the Article. 1 point 5 of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 12] Article 100 (1) (4), as amended by Article 3 (1), 1 point 6 of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 13] Article 212a (3), as amended by Article 3 (3), 1 point 7 lit. a) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 14] Article 212a (4) repealed by Article 4 (4) of the Regulation. 1 point 7 lit. b) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 15] Article 212a (5), as amended by Article 4 (2), 1 point 7 lit. c) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 16] Art. 212a § 6 repealed by Article 1 point 7 lit. (d) the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 17] Article 212b (2) in the version set by the Article. 1 point 8 (a) a) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 18] Art. 212b § 3 added by art. 1 point 8 (a) b) of the Act of 10 September 2015. on the amendment of the Act-Code of Executive Penal (Journal of Laws of the Act of 1573). The amendment came into force on 24 October 2015.

[ 19] On the basis of the judgment of the Constitutional Court of 2 July 2009. (Journal of Laws No 108, pos. 911) art. 217 § 1:

(a) to the extent that it does not specify the grounds for refusal of consent to be temporarily arrested with the person closest to the person closest to the person, is incompatible: Article 47 in connection with art. 31 par. 3 of the Constitution of the Republic of Poland, and with 8 ust. 1 Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on 4 November 1950. (Dz. U. of 1993 Nr 61, pos. 284; ost. zm.: Dz. U. 2003 r. Nr 42, pos. 364) and with art. 37 lit. c of the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on 20 November 1989. (Dz. U. of 1991. Nr 120, pos. 526; ost. zm.: Dz. U. 2000 r. No 2, pos. 11);

(b) the extent to which the person who has been temporarily arrested by the person who is temporarily arrested by the prosecutor to challenge his/her refusal to express his/her consent to the person closest to the person who is the nearest person is not incompatible: 78 Constitution of the Republic of Poland and with art. 13 in connection with art. 8 ust. 1 Convention for the Protection of Human Rights and Fundamental Freedoms, drawn up in Rome on 4 November 1950. (Dz. U. of 1993 Nr 61, pos. 284; ost. zm.: Dz. U. 2003 r. Nr 42, pos. 364) and is not inconsistent with art. 45 par. 1 and Art. 77 par. 2 of the Constitution.