The Act Of 6 June 1997 Kikwit

Original Language Title: USTAWA z dnia 6 czerwca 1997 r. Kodeks karny wykonawczy

Read the untranslated law here: http://www.infor.pl/akt-prawny/99554,ustawa-kodeks-karny-wykonawczy.html

GENERAL PART chapter I scope Article. 1. the [enforcement] § 1. Enforcement of judgements in criminal proceedings, in the cases of tax crimes and misdemeanors Treasury and in proceedings in cases of offences and the penalties in force and coercive measures resulting in a deprivation of liberty is carried out according to the provisions of this code, unless the law provides otherwise.

§ 2. In enforcement proceedings in matters not dealt with in this code shall apply mutatis mutandis the provisions of the code of criminal procedure.



Chapter II the Executive proceedings Authorities Art. 2. [the Executive proceedings Authorities] Bodies the enforcement procedure are: 1) the Court of first instance or a court equivalent, 2) the Court of the prison, 3), the President of the Court or an authorized judge, 4) judge the prison, 5) the Director of the prison, detention, as well as the District Director and the Director-General of the prison service or the person in charge of another undertaking provided for in the criminal law provisions and prison Commission, 6) Court curator professional and team manager judicial services probation , a judicial or administrative enforcement authority) 7, 8), the tax office, 9) the appropriate government body terrain or local government, 10) other authority empowered by the Act to the enforcement of decisions.

Article. 3. the [jurisdiction] § 1. Court which delivered the judgment at first instance, also in proceedings relating to the implementation of this decision, unless the law provides otherwise.

§ 1a. (repealed).

§ 2. In matters reserved in this code for the penitentiary court is the Court of the prison, in whose district the resident convicted, unless the law provides otherwise. Penitencjarnym Court is the District Court.

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

§ 3a. On the order of the properties in the enforcement complaint not entitled.

§ 4. (repealed).

§ 5. (repealed).



Chapter III Condemned Article. 4. [the execution of criminal sanctions and measures] § 1. Penalties, punitive measures, compensatory measures, forfeiture, precautionary and preventive measures are carried out in a humane manner, with respect for human dignity the offender. Prohibits the use of torture or inhuman or degrading treatment and punishment of the offender.

§ 2. Convicted retains the rights and civil liberties. Their limitation may arise only from a law and issued on the basis of a final judgment.

Article. 5. [Convicted] § 1. Prison break is an entity referred to in this code of rights and responsibilities.

§ 2. Condemned is required to adhere to the command issued by the competent authorities to enforcement.

Article. 6. [Powers for proposals] § 1. Convicted may submit an application for the initiation of proceedings before the Court and take part in it as a party, and in the cases specified in the Act to make a complaint on the provisions issued in enforcement proceedings.

§ 2. Convicted may submit applications, complaints and requests to the authorities carrying out the decision. Convicted, by submitting an application, complaint or request, is obliged to justify its requests to recognize it, and in particular to include the relevant documents.

§ 3. If a request, complaint or request: 1) are based on the same basis of fact, 2) contain words or phrases commonly considered vulgar or abusive or the local dialect of criminals, 3) do not contain the justification contained in them in the requests to recognize them-the competent authority may allow the application, complaint or request without recognition.

Article. 7. [action brought against the decision of the] § 1. Convicted may appeal to a court the decision of the authority referred to in article. 2 paragraph 3-6 and 10 because of its incompatibility with the law, unless this Act provides otherwise.

§ 2. Complaint recognizes the court competent in accordance with article. 3. In matters relating to serving a sentence of imprisonment, alternative imprisonment, the penalty is detention, punishment of detention or custody, the ordinal penalty penalty replacement and coercive measure resulting in the deprivation of liberty, the exercise of judgment about WrestleMania and precautionary measure of placement in a psychiatric the competent court is the Court of the prison.

§ 3. Action brought against the decision of the referred to in § 1, shall be entitled to the offender within 7 days from the date of publication or notification of the decision; the decision to announce or handed over together with the reasons and details of their right offender law, and how to bring an action. The action shall be brought to the authority that issued the contested decision. If the authority that issued the contested decision, does not accede to the application, forward it together with the acts of the case without delay to the competent court.

§ 4. The Court set up to hear complaints may suspend implementation of the contested decision. The refusal to suspend does not require justification.

§ 5. After a complaint to the Court to keep in power, repealed or changed to the contested decision; on order of the Court of appeal is not entitled.

Article. 8. [Defender] § 1. In enforcement proceedings convicted may seek the assistance of a defender set up in this proceeding.

§ 2. In the proceedings before the Court sentenced must have the Defender, if: 1) is deaf, dumb or blind, 2) there is a reasonable doubt as to his sanity, 3) is under 18 years old, 4) (repealed), 5), the Court considers it necessary, due to circumstances that impede the defense.

§ 2a. Provision of art. 78 of the code of criminal procedure shall apply mutatis mutandis.

§ 3. Convicted deprived of his liberty may communicate with his counsel, a delegate who is a lawyer or a legal adviser and a representative of the non-lawyer or legal advisor, which has been approved by the President of the Chamber of the European Court of human rights to represent the accused before the Court, in the absence of other people, and conversations with those in the course of visiting and telephone calls are not subject to control.



Article. 8A. [Censorship of correspondence sentenced devoid of freedom], § 1. Correspondence of sentenced without freedom is subject to censorship and surveillance, unless the law provides otherwise.

§ 2. Correspondence of sentenced devoid of freedom with a defender or representative is a lawyer or solicitor is not subject to censorship, surveillance and arrest and shall be promptly transmitted to the recipient. The provisions of article 4. 73 § 3 and 4 and article. 225 § 3 of the code of criminal procedure shall apply.

§ 3. Provision of § 2, first sentence, shall apply mutatis mutandis to the correspondence of sentenced without freedom of law enforcement, criminal justice and other State bodies, local government bodies, the Ombudsman, advocate of the rights of the child, the authorities appointed on the basis of the Republic of Poland has ratified international agreements relating to the protection of human rights and a representative of the non-lawyer or legal advisor, which has been approved by the President of the Chamber of the European Court of human rights to represent the accused before the Court.



Article. 8B. [Powers of the Ombudsman, a person authorized by him or Attorney Business Mobile] § 1. The Ombudsman, or a person authorized by him shall have the right to access, at any time, without limits, to prisons, detention centres and other places where people are deprived of their liberty, and move around after their ground, viewing documents and request explanations from the administration of these units, as well as to carry out in the absence of other people's conversations with persons deprived of their liberty and their applications , complaints and requests.

§ 2. Provision of section 1 shall apply mutatis mutandis to the Prosecutor of the mobile business.



Chapter IV enforcement proceedings section 1 enforcement of judgments Article. 9. [proceedings] § 1. Enforcement proceedings shall be initiated without delay when the judgment became enforceable.

§ 2. Judgment and the provisions issued pursuant to art. 420 of the code of criminal procedure become enforceable upon implementations, unless the law provides otherwise.

§ 3. Provision in enforcement proceedings becomes enforceable upon release, unless the law provides otherwise or the court issuing the order or the Court set up to hear complaints will pause its execution.

§ 4. The lodging of an application for an order in the enforcement proceedings shall not prevent enforcement of the judgment to which the application relates, unless the Court, in exceptional cases, decides otherwise. Order of the suspend enforcement of the judgment does not require justification.

Article. 10. [the range of tasks the uniformed] § 1. The police in the field of enforcement procedure executes commands by the Court.

§ 2. Provision of section 1 shall apply mutatis mutandis also to military police and military commanders, if convicted is a soldier.

§ 3. Provision of section 1 shall apply mutatis mutandis also to the internal security agency, the central anti-corruption Bureau, border guards and other bodies, if enforcement proceedings relates to matters which in accordance with the provisions of the rights to their properties.


§ 4. Authorities and State bodies, local government bodies and associations and social organizations in the field of its activity shall render assistance to the authorities carrying out the decision.

Article. 11. [obligations of the Court in directing judgment for execution] § 1. The Court, following a decision to make, send a copy thereof or extract, with mention of the feasibility, and in the case of a final, with the date of its implementations, relevant authority set up to carry out the decision. Pointing to the implementation of the decision concerning the fine, punitive to the Treasury, cash benefit for the victim support Fund and Victim Assistance and judicial duties, the Court shall also last obtained information, referred to in article 1. 213 § 1a of the code of criminal procedure. The Court shall send to the Director of the prison or detention decision and the reasons for it, if it has been drawn up and does not contain classified information about the classification of "secret" or "top secret".

§ 1a. If the victim has submitted an application, as referred to in article. 168A § 1, the Court referred to in § 1, shall send to the Director of the prison or detention center this request and the data containing the name and address of the victim.

§ 2. The Court after conviction shall send to the Director of the detention center or prison held on information about people sentenced, including prior criminal history and applied to it the means of educational or correctional, personally identifiable information the accused, in particular, the number of Automatic fingerprint identification System (AFIS), the number of universal Electronic population register (PESEL), physical description and a description of the special characters and tattoos, as well as photo sentenced , copies of rulings and reviews medical and psychological, including decisions on the offender alcohol addiction, psychotropic and narcotic drugs, as well as information about the criminal offence referred to in article 1. 197 – 203 of the criminal code in connection with renal impairment, sexual preference, and after the final judgment, at the request of the Director of the establishment or detention-also files.

§ 3. The Minister of Justice, in consultation with the Minister of national defence, determines, by regulation, the detailed scope of the information to be sent to the Director of the prison or detention referred to in § 2, bearing in mind the need to collect data necessary for correct classification of osobopoznawczych sentenced for an individual with it with a view to the achievement of the objectives of which is to serve the execution of a sentence of imprisonment.

§ 4. In the event of a conviction temporarily arrested or a person undergoing sentence of imprisonment, the Court shall send a notice of the conviction together with the information referred to in § 2, the Director of the detention center or prison.

§ 5. The authority referred to in paragraph 1, it shall inform the Court of accession to the enforcement of the judgment and of the completion of its implementation.

Article. 12. [the conviction of persons liable to military service] of the final previous convictions persons liable to military service or serve in civil defence formations to imprisonment without suspension of its implementation, as well as changes in the execution of a sentence of imprisonment, the Court shall notify also the authorities competent in matters of universal obligation to defend, on the terms and in the mode specified in separate regulations.



Article. 12A. [economic information of the backlog] § 1. In the request for payment of the fine, also imposed as a penalty, substitute punitive to the Treasury, an amount of money which is the subject of the forfeiture, court costs or monetary penalties ordinal on the basis of a final judgment issued in the case of offence, it is also advised that in the event of non-payment of these duties in full within the time limit under the provisions of this code, the Court shall forward to the offices business information , acting on the basis of the Act of April 9, 2010 about sharing economic information and data exchange (Journal of laws of 2014.1015 and 1188), economic information about the founding of this backlog.

§ 2. In the event of non-payment by the accused in whole royalties referred to in paragraph 1 within the period resulting from the provisions of this code, the Court shall immediately forward to the economic information of this backlog to economic information offices, acting on the basis of the Act of April 9, 2010 about sharing economic information and data exchange.

§ 3. The Court shall exercise the responsibilities of the creditor referred to in article 1. 29 and article. 30 of the Act of April 9, 2010 about sharing economic information and data exchange.



Article. 12B. [notice of possible judgment of total] decision of the executing authority, if it is found that there are conditions to the judgment of the total, it shall immediately inform the competent court.



Article. 12 c [Specify time penalties or other means] if the sentence or other measure enforceable under the provisions of this code are specified in weeks, months or years, in enforcement proceedings, that week counts for days 7, month for 30 days and 365 days a year.



Article. 12d. [Calculating the duration of penalties or other means] per day the duration of imprisonment, alternative imprisonment, the penalty of military arrest, pre-trial detention, detention, penalty the ordinal penalty replacement and coercive measure entailing deprivation of liberty shall be a period of 24 hours starting from the moment of actual deprivation of liberty.

Article. 13. [settlement of doubt] § 1. The executing authority judgment and anyone whom the ruling directly applies, may apply to the Court which issued it, the doubts as to the enforcement of the judgment or of the objections as to the calculation of the penalty. On order of the Court shall be entitled to appeal.

§ 2. (repealed).

§ 3. On order of the specified in § 1 complaint is also the authority referred to in article 4. 2 paragraph 5-10 and anyone whom the decision applies directly to the.

Article. 14. [collection of information regarding the offender] § 1. In the enforcement authority of enforcement proceedings may order to gather information about the offender. Authority referred to in article 1. 2 paragraph 1 – 5 performing the decision can also order to gather information about the offender by environmental interview conducted by the probation officer. In case of reasonable doubt as to the identity of the offender the executing authority may request the determination of his identity by the police.

§ 2. The Minister of Justice shall determine, by regulation, in consultation with the competent Minister of the Interior and the Minister of national defence, other bodies set up to conduct the interview, having regard, in particular, its scope and conduct.

Article. 15. [Remission and suspension of the enforcement procedure] § 1. The Court shall discontinue enforcement proceedings in case of limitation of enforcement of a sentence, the death of the offender or for any other reason the exclusionary behaviour.

§ 2. If there is a permanent obstacle preventing enforcement proceedings and, in particular, if you do not enclose the sentenced or not, you can execute the judgment against him because of mental illness or other chronic, serious illness, crashes, in whole or in part, for the duration of the obstacle.

§ 2a. To order the remission or suspend the enforcement procedure shall be entitled to appeal.

§ 3. The suspension of the enforcement procedure shall not prevent the limitation period, unless the convicted shall be repealed from the enforcement of the sentence. Period of interruption of the limitation period may not exceed 10 years.

§ 4. The execution of a sentence of imprisonment, alternative imprisonment, the penalty is detention, punishment of detention or custody, the ordinal penalty penalty replacement and coercive measure resulting in the deprivation of liberty in the same or another on suspends the limitation.

Article. 16. (repealed).

Article. 17. [notice of execution of a judgment] § 1. The Court, pointing to the implementation of the decision on detention, notify: 1) the Court of guardians, if you need childcare sentenced, 2), the competent authority, if there is a need for care niedołężną or sick, which he condemned, or a need to project the necessary operations to protect property or apartment the accused.

§ 2. About made speeches and issued regulations shall be sentenced.



Article. 17A. [order direct penalties to comply] § 1. In the event of a decision to the offender a sentence of imprisonment and the penalty of restriction of liberty on the basis of article. 37B or article. 87 section 2 of the criminal code, the penalty of restriction of liberty to perform in the first place only, if there are legal impediments to the implementation of a sentence of imprisonment.

§ 2. In the event of cessation of the obstacles referred to in § 1, the Court, regardless of whether the sentence limit freedom has already been completely made-without delay to the implementation of the penalty of deprivation of liberty.



Section 2 the proceedings Art. 18. [a form of judgment] § 1. In enforcement proceedings the Court shall by order.


§ 2. In matters that do not require, the President of the General Court or an authorized judge it seems.

§ 3. In matters that do not require a court order penitentiary order seems to judge the prison.

Article. 19. [rule] § 1. The Court at the request of the Prosecutor, the accused or his defender and with the authority, and if the law so provides-at the request of other people.

§ 2. A request or complaint can be submitted in writing or orally. In the case of an oral declaration seems to work.

§ 3. The applicant referred to in § 1 shall be obliged to justify its requests to the extent recognize, in particular, to include the relevant documents. In the event of non-performance of that obligation, you can leave the application without recognition.

§ 4. A request or complaint is diagnosed within 21 days from the date of the impact of the Court, unless the law provides for the recognition of the request at the meeting, in which the authorized person can take part.

Article. 20. [composition of the Court], § 1. In enforcement proceedings the Court shall order a single judge.

§ 2. The complaint be lodged with the Court that issued the order under appeal; It shall be transmitted immediately by the order together with the acts of the case to a higher court, unless the Court in the same composition accede to complaint.

§ 3. A higher court recognizes the complaint against one person.

§ 4. A higher court recognizes the complaint within 21 days from the date of the transfer by the Court of first instance, unless the law provides for the recognition of complaints at the meeting, in which the authorized person can take part.

Article. 21. [the Prosecutor] in proceedings before a court, the Prosecutor is a party; in particular it may apply, and, in the cases specified in the Act to make a complaint on the provisions issued in enforcement proceedings.

Article. 22. [meeting] § 1. The Prosecutor, convicted and his Defender, judicial guardian, the victim, as well as other persons referred to in article 1. 19 § 1, shall have the right to take part in the meeting, when the law so provides. At a meeting of the higher court have the right to take people who are entitled to attend the meeting of the Court of first instance.

§ 1a. The failure of the persons referred to in § 1, duly zawiadomionych of the date and purpose of the meeting, shall not prevent the case, except for the cases referred to in article 1. 8 § 2 unless the Court rules in favor of or in accordance with a request from the offender.

§ 2. The Court may allow to participate in meeting of other persons than those mentioned in § 1, if this can be of importance for the decision.

§ 3. The participation of legal guardian in the meeting is mandatory if the law so provides or the Court considers it necessary.

Article. 23. [Bringing the offender] § 1. The Court may order bringing to the meeting of the Court.

§ 2. The Court may order the hearing of the accused to the Court requested, in whose jurisdiction the convicted.

§ 3. If legal proceedings applies to the accused without freedom, the meeting may take place in the establishment where he is staying.

Article. 24. [Revision or set aside the order of] § 1. If you reveal new or previously unknown facts relevant to the adjudication, the Court may at any time amend or repeal the previous order.

§ 2. Not allowed to change or repeal the provisions provided for in § 1, to the detriment of the accused after 6 months from the date when the provisions.

§ 3. On order made under paragraph 1 shall be entitled to appeal only if you have also to order subject to change or revocation.



Division 3 enforcement Article. 25. [execution] § 1. Enforcement of the awarded civil claims, imposed the fine, the cash benefit and judicial duties is carried out according to the provisions of the code of civil procedure, where this Act provides otherwise.

§ 2. (repealed).

§ 3. In the first place are subject to the satisfaction of the awarded civil claim to compensation or reparation for harm suffered, and then judicial duties.

Article. 26. the [enforcement] to the enforcement provisions of article 5 shall apply. 776-795 of the code of civil procedure.

Article. 27. [Forfeiture and injunctive relief on behalf of the Treasury] enforcement of forfeiture and punitive to the Treasury leads the tax office under the provisions of the enforcement proceedings in administration, where this Act provides otherwise.



Article. 27. [the application of the provisions of the code of civil procedure and the rules of enforcement proceedings in administration] § 1. To implement the provisions of the freezing order fine, allowance, compensatory measure and court costs are applicable provisions of the code of civil procedure, where this Act provides otherwise.

§ 2. To implement the provisions of the freezing order forfeiture provisions of the enforcement proceedings in administration, where this Act provides otherwise.

Article. 28. [the attachment of property of the spouses] § 1. Held for one of the spouses, remaining in commonality, fine, punitive and judicial duties shall be subject to the satisfaction of the specific assets of the offender and of the remuneration for work or for other services provided by him in person, as well as the rights of the creators of the invention, utility model and design racjonalizatorskiego. If you meet with these sources proves impossible, the execution can be carried out with the joint property. The inability to meet with the assets of the separate sentenced in the Protocol.

§ 2. Execution of the joint property is not acceptable in the event of a conviction for an offence, where the victim is the spouse of the offender or the person in respect of which the spouse charged is the responsibility of the maintenance.

§ 3. In the event of a referral to the enforcement of common property, a spouse convicted may request limitations or exclusions in full satisfaction of payments referred to in paragraph 1, with the joint property or some of its components, if the convicted has not contributed or contributed to the extent slightly to this property, or to the acquisition of certain of its components, or if the meeting with the joint property of these duties is contrary to the principles of social coexistence.

Article. 29. [forfeiture of objects one of the spouses] § 1. As soon as a final judgment of forfeiture to one spouse remaining in the commonality of assets, items property, which applies to forfeiture or which are subject to the execution of the forfeiture of the equivalent items or benefits, they lose under the laws of the nature of the assets. From that moment on, apply to them the provisions of co-ownership in fractions, with the participation of the State is part of the ordered forfeiture. Spouse of the offender may occur appropriately with the request referred to in article 4. 28 § 3.

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

Article. 29A. [forfeiture of benefits of property obtained from crime] § 1. With the execution of the forfeiture of the material benefits obtained from committing the offence or its equivalent shall be presumed to be, things and property rights, which are in the possession of the accused after the judgment of forfeiture, belonged to him already at the time of judgment.

§ 2. A natural person who, in relation to which the presumption laid down in art. 45 § 3 of the Penal Code or article. 33 § 4 of the criminal code Commissioners, may request to exclude from its scope property, whose total value according to the estimation of the enforcement authority does not exceed the average six-month income of that person; request for exemption shall be notified to that authority.

§ 3. In the event of the failure of the application referred to in § 2, the person concerned may, by action to demand the exclusion of items from the scope of the presumption and the release of their enforcement or security.

Article. 29B. [application for rebutting the presumption] § 1. A lawsuit against the State Treasury of rebutting the presumption laid down in art. 45 § 4 of the criminal code or in the article. 33 § 4 of the Criminal Code of tax is temporarily free from court fees and, if the dismissal of the action the plaintiff is obliged to pay fees on the General principles.

§ 2. If in order to rebut the presumption the reason refers to the acquisition of the fee, should indicate the source of acquisition and to prove the origin of the need to acquire resources.

§ 3. The sale of movable or immovable property may not take place before a final resolution of the case.

Article. 30. [representation of the Treasury] in the cases initiated against the State Treasury represents it the President of the District Court or the tax authority in matters in which he made the judgment to the extent decreed the forfeiture.

Article. 31. [entitled to bring legal action] if the debtor State legal action detrimental to the creditor, an action occurs, the President of the District Court or the tax authority in cases in which the judgment.



Chapter V supervision of the prison


Article. 32. [supervision of the legality and regularity of the execution of penalties] supervision of the legality and regularity of the execution of a sentence of imprisonment, alternative imprisonment, the penalty is detention, punishment of detention or custody, the ordinal penalty penalty replacement, preventive detention, detention, coercive measure resulting in the deprivation of liberty and detention related to location in a psychiatric establishment has judge the prison.

Article. 33. [powers of judge penitentiary] § 1. Judge the prison visits prisons, arrests of inquiry and other places where people are deprived of their liberty. He has the right access at any time, without limitation, to those centres, detention centres and places and navigate through their territory, viewing documents and request explanations from the administration of these units.

§ 2. The prison, the judge has the right to carry out in the absence of other people's conversations with persons deprived of their liberty and the study of their applications, complaints and requests.

Article. 34. [revocation] § 1. The prison judge has waived the unlawful decision of the authority referred to in article. 2 paragraph 5 and 6, in so far as it relates to the person in custody.

§ 2. The decision of the judge of the offender and the bodies referred to in paragraph 1 shall be entitled to appeal to the Prison Court, in whose district the decision.

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

§ 4. In the case of a finding of unlawful deprivation of liberty, the judge shall immediately notify the prison authority, to which the disposal of the person deprived of freedom remains, and in the case of serving its penalty or execution of the measure referred to in article 2. 32-the authority which took the decision to execute and, if necessary, manage the release of such a person.

Article. 35. [notice of the competent authority] § 1. If in the opinion of the judge the penal system, there is a need for a decision not belonging to his property, and, in particular, the decision of an administrative nature, it shall forward its observations, together with appropriate proposals to the competent authority.

§ 2. The authority referred to in paragraph 1 shall notify the judge of the penitentiary, within 14 days or in another designated by the judge time, busy position. The prison if the judge deems it unsatisfactory position, shall refer the matter to the parent body of the authority referred to in paragraph 1; parent body shall inform the judge about how to settle the matter.

§ 3. In the case of recurrence of the glaring shortcomings in the functioning of the prison, detention or any other place where people are deprived of their liberty, or if the existing conditions do not ensure respect for the rights of people residing there, judge the prison there is a parent to the competent authority a request for deletion within a specified period of the existing shortcomings. If within these weaknesses have not been removed, the prison, the judge makes a request to the competent Minister to suspend activities or liquidation, in whole or in part, a particular bet, or place of detention.

Article. 36. [Delegation] the Minister of Justice shall determine, by regulation, the manner, scope and oversight reform, having regard in particular to the legality and regularity of the execution of a sentence of imprisonment, the way to eliminate identified shortcomings and the means of documenting and carry out this supervision, as well as the nature and type of prison.



Chapter VI expungement Article. 37. [the jurisdiction of the Court in relation to the seizure of conviction] § 1. The smearing of sentencing court, unless the seizure has occurred under the law.

§ 2. If at first instance judgments issued several courts, the competent court, who last issued a conviction. If you have different courts, the competent court is of a higher order.

§ 3. The proposal condemned about expungement, filed before the expiry of one year from the release of provisions on non-smearing, you can leave without recognition.

§ 4. To order the seizure of the conviction shall be entitled to appeal.



Chapter VII participation by the public in enforcement, help in the social rehabilitation of convicts and victims ' Assistance Fund and the help of Victim Art. 38. [interoperability between associations, foundations, organisations and institutions] § 1. In the execution of penalties, criminal measures, security and preventive measures, in particular imprisonment, and forfeiture can interact associations, foundations, organizations and institutions whose goal is the realization of the tasks set out in this chapter, as well as churches and other religious and trustworthy.

§ 1a. In the field of crime prevention and social re-adaptation entities referred to in § 1, shall take measures in order to increase the efficiency of State bodies and to strengthen law-abiding activities of those bodies.

§ 2. The entities referred to in paragraph 1, may, in consultation with the Director of the prison or detention center to participate in resocjalizacyjnej activities, social, cultural, educational, sporting and religious in these establishments or prisons.

Article. 39. [participation in the councils and other collegial bodies, whose task is to provide assistance to prisoners and their families], § 1. Representatives of the entities referred to in article 1. 38 § 1, may participate in the councils and other collegial bodies – appointed by the President of the Council of Ministers, the Minister of Justice or his authority or provincial governors – whose job is to provide assistance to prisoners and their families or to coordinate interaction of society with criminal arrests and investigators. Representatives and people trusted can also participate in the social control over the execution of penalties, criminal measures, security and preventive measures and forfeiture.

§ 2. President of the Council of Ministers shall determine, by regulation, the scope, form and mode of interaction and the requirements which must be fulfilled by the representatives of the entities referred to in article 1. 38 § 1, in the execution of penalties, criminal measures, preventive, protective and forfeiture, as well as social control, as referred to in paragraph 1, having regard to the objectives, which should serve the interplay between these actors in the social rehabilitation and crime prevention.

Article. 40. [the Council] § 1. In order to coordinate the interoperability of State bodies and representatives of the public in the prevention of crime and the enforcement of judgments, and in order to provide assistance in social rehabilitation, as well as perform social control and the evaluation of prison policy, President of the Council of Ministers shall appoint the Council into a Social Affairs Rehabilitation and Assistance Mission, hereinafter referred to as "the Council".

§ 2. The main Council composed of representatives of the judiciary, the Minister of Justice, the Minister of national defence, the Minister responsible for social security, the Minister responsible for health, the Minister responsible for education and upbringing, the Minister responsible for Home Affairs and the police and the prison service. The main Council may also include representatives of associations, foundations, organisations and institutions referred to in article 1. 38 § 1, churches and other religious societies, as well as trade unions and local government, representatives of science and trustworthy, which may contribute to the achievement of the objectives set out in paragraph 1.

§ 3. As needed, the Governor may appoint a Social Affairs Council field rehabilitation and assistance mission, hereinafter referred to as "4 x 4 Councils". The composition of the Council are representatives of an off-road also appropriate, referred to in § 2, as well as local government authorities. To participate in the work of the Council of off-road, you can invite representatives of other entities referred to in paragraph 2. Off-road Council shall perform the tasks specified in paragraph 1.

§ 4. President of the Council of Ministers shall, by regulation, detailed rules and mode of appointment and activities of the Council and the Councils.

Article. 41. [aid to prisoners and their families], § 1. In order to facilitate social rehabilitation, in particular the prevention of return to crime should grant to prisoners and their families with the necessary assistance, especially financial, medical, in finding a job and accommodation, as well as legal advice.

§ 2. The aid referred to in paragraph 1, the competent authorities of the Government and local government and Court curators; This can also provide the entities referred to in article 1. 38 § 1.

Article. 42. [a representative of the offender] § 1. Convicted may establish, in writing, to act as your agent trustworthy, with its consent, especially from among the representatives of associations, foundations, organisations and institutions referred to in article 1. 38 § 1.

§ 2. The representative of the offender referred to in § 1, may act solely in the interests of the accused and, to this end, submitted on behalf of applications, complaints and requests to the competent authorities and institutions, associations, foundations, organizations, churches and other religious societies.

§ 3. The President of the Court, authorised judge, and in the course of the meeting, the Court may, at the request of the convicted person to allow participation in the proceedings before the Court of the representative of the offender referred to in § 1.


Article. 43. [the victim support Fund and Victim Assistance] § 1. Creates the victim support fund and Victim Assistance, hereinafter referred to as "the Fund".

§ 2. The Fund is a public fund it, you have is the Minister of Justice, hereinafter referred to as "the Fund provider".

§ 3. Court which delivered the judgment in and instance, leads extracted, detailed accounting records nawiązek and monetary benefits awarded to the Fund.

§ 4. The Court referred to in § 3, calls on the person liable to pay punitive or provide money to pay within 30 days.

§ 5. Enforcement procedure for nawiązek and monetary benefits awarded to 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 this end, the Court gives the writ enforcement clause.

§ 6. Advance payment of costs of enforcement shall be financed from the resources of the Fund.

§ 7. The proceeds of the Fund are funds derived from: 1) sentences by the courts of nawiązek and cash benefits, 2) deductions in the amount of 10% of the salary of working convicts employed in the forms referred to in article 1. 121 § 2, 3) the implementation of the disciplinary penalties referred to in article 1. 143 § 1 paragraph 7, 4) sweeps, and donations, 5) grant, rebounding and other sources.

§ 8. The Fund is spent on: 1) to help victims of crime and those closest to them, especially medical, psychological, rehabilitation, legal and material provided by the unit vulnerable to public finance sector and failed to make a profit, including associations, foundations, organisations and institutions, 2) help postpenitencjarną to persons deprived of freedom, redundant with the prisons and detention centers of inquiry and to members of their families, provided by professional curators and Prison Service 2a), legal aid and psychological witnesses and those closest to them, 3) help postpenitencjarną to persons referred to in paragraph 2, provided by the entities listed in article 1. 38 § 1, 4) activities undertaken or entrusted by the authorising officer of the Fund, designed to support and development assistance to victims of crime and victim assistance, in particular: a) to promote and support initiatives and projects aimed at improving the situation of victims of crime and effective re-education of convicted, b) endeavours of an educational and informational, c) cover costs associated with organizing and carrying out training , (d)) to take, organize, and commissioning research on the situation and the needs of victims of crime and sentenced persons.

§ 9. Entrusting the implementation of the tasks referred to in § 8 paragraph 1, 2a-4, takes place in the open competition bids.

§ 9a. For the implementation of legal and psychological support to victims and witnesses in the Court, the public prosecutor or organizational unit the organizational unit of the police's consent is required of the President of the Court, the head of the organizational unit of the public prosecutor or the Commandant of the organizational unit of the police. An entity joining open competition bids attaches to offer evidence of this consent.

§ 10. The authorising officer shall, with the special-purpose grants Fund, hereinafter referred to as "grant", on the implementation of the tasks referred to in § 8 paragraph 1, 2a-4, contains the subject of the agreement.

§ 11. Entities with which the agreement has been concluded, are obliged to keep separate accounting records received and made of these measures and have a separate bank account is intended only to support these measures.

§ 11a. An entity that has a grant to provide psychological assistance to victims of crime or witnesses, is obliged to provide psychological support to the call of the body leading the emergency operations reconnaissance or viewing or an investigation or court within 14 days of the request, unless specified in the contract to help psychological were used or the victim or the witness is not qualified to provide such assistance.

§ 12. The entities that received grants from the Fund are required to draw up and pass dysponentowi Fund quarterly information concerning the use of these resources, and to draw up and pass the settlement grants in terms of meaningful and, within 15 days from the date of completion of the tasks.

§ 13. Aid from the Fund shall not be granted in so far as it is granted from other sources.

§ 14. The authorising officer shall Fund controls the regularity of the expenditure of the grant received from the Fund in terms of rationality and legality of their expenditure, including the data contained in the information referred to in § 12, with the facts.

§ 15. Entities that have made use of subsidies in accordance with the purpose of the grant, are obliged to refund dysponentowi Fund equivalent of transferred funds plus interest in the amount specified for tax arrears, within 15 days from the date of such a finding.

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

§ 16. The person who used to aid in accordance with its intended purpose, is obliged to refund the benefits obtained.

§ 17. In the case of a determination that the person to whom aid has been granted, has used it in accordance with its intended purpose, the entity which granted the aid, is obliged to summon the people to the refund obtained benefits within 30 days from the date of the summons her to return.

§ 18. The person who used to aid in accordance with its intended purpose, and despite the summons did not return her, loses the right to further assistance, unless there are exceptional circumstances justifying the grant of the aid.

§ 19. The Minister of Justice shall determine by regulation: 1) mode of the provision of assistance to victims of crime, witnesses and those closest to them, 2) mode of providing assistance to persons deprived of freedom, redundant with the prisons and detention centers of inquiry and to members of their families, 3) conditions and the provision of grants from the Fund, including in particular the methods of competition tenders, evaluation criteria for deals and enter into agreements for the implementation of the tasks entrusted 4) specific tasks, which are the Fund, 5) and use the resources of the Fund, including pattern and deadlines for submission by the quarterly information, 6) detailed rules for the financial management of the Fund – having regard to the need for a separate financial management for implementation of the tasks relating to assistance to victims of crime and victim assistance, as well as the need for the effective and rational use of the resources of the Fund and the attainment of the objectives for which the Fund was created.



Chapter VIIa electronic surveillance System section 1 General provisions Article. 43A. [execution of penalties, criminal measures and safeguards, which connects with the use of electronic surveillance] § 1. Penalties, punitive measures and safeguards, which connects with the use of electronic surveillance, is carried out according to the provisions of this chapter.

§ 2. Whenever the provisions of this chapter is: 1) penalty-these provisions shall apply also to the criminal-law measures and security 2) prisoners-these provisions shall also apply to the perpetrator, to which has been declared a precautionary measure connected with the electronic supervision-with the exception of the provisions relating to changes in the way of enforcement of a sentence, and the rules on the surveillance only.



Article. 43B. [System electronic surveillance] § 1. Electronic surveillance is to control the behavior of the accused by using technical means.

§ 2. Electronic surveillance system is the general procedures and technical means used to perform electronic surveillance.

§ 3. In electronic surveillance, you can control: 1) being by the accused in the specific days of the week and times indicated by the Court (desktop surveillance), 2) the current whereabouts of the offender, regardless of where the condemned is present (mobile surveillance), 3) preserving by the accused referred to the minimum distance from a person specified by the Court (proximity supervision).



Article. 43 c. [punishment of restriction of liberty on electronic surveillance] § 1. Penalty of restriction of liberty on electronic surveillance is carried out as a stationary surveillance. Punitive measures and security in electronic surveillance is performed as proximity supervision or mobile.

§ 2. The Minister of Justice shall determine, by regulation, the manner and detailed arrangements for the exercise of sanctions, measures and safeguards on electronic surveillance, including the extent of the necessary documentation, bearing in mind the need to ensure the control and evaluation of the behavior of people, to which the Court held these penalties, punitive measures or measures of protection.




Article. 43d [supervision of the execution of penalties with the use of electronic surveillance] § 1. Supervision of the execution of penalties with the use of electronic surveillance and to rule in matters relating to the implementation of these sanctions belong to the Court referred to in art. 43e. § 2. The surveillance referred to in § 1, includes the control and assessment of: 1) the legality and regularity of the execution of sentence, 2) the correctness of the calculation of the periods performing sentence on electronic surveillance, 3) perform tasks probationer officials and educational activity legal guardian, and the process of rehabilitation offender, 4) the activities of the qualified entity dozorującego in the performance of duties by the offender, 5) the order of enforcement, as well as the correctness of the notification of the occurrence of the technical conditions for the immediate start of the implementation of the sentence or of the date of , from which it will be possible.

§ 3. Activities of organizing and controlling the execution of penalties with the use of electronic surveillance and imposed with respect to responsibilities performs judicial guardian. The rules of judicial kuratorze and, experienced autonomously shall apply mutatis mutandis.



Article. 43e. [the jurisdiction of the Court in cases of exercise of supervision] in matters of execution of desktop supervision the competent is the Court in whose jurisdiction the penalty is or is to be performed, and in matters of execution of proximity and mobile surveillance, the Court, which sentenced has habitual residence, and if convicted, does not have such a place, the Court, which was held in the middle of a criminal or security executed on electronic surveillance.



Article. to 43f. [the technical means used to perform electronic surveillance] § 1. Technical means for performing electronic surveillance are: 1) headquarters monitoring, 2) electronic system, through which the operator panel for monitoring, the orleck, the courts, the Court of professional curators and other qualified entities process information related to organizing and controlling the execution of penalties on electronic surveillance (system communication and monitoring), 3) transmitters, 4) stationary and portable recorders.

§ 2. The Minister of Justice shall determine, by regulation, the detailed technical specifications and functional requirements, which should meet the technical means used to perform electronic surveillance, as well as the operation of the information and communication system-monitoring, including how to pass data inside this system, bearing in mind the need to ensure the proper operation of the system of electronic surveillance and security of personal data and information related to the operation of this system against their unauthorized disclosure.



Article. 43 g. [Executing electronic surveillance] § 1. Electronic surveillance is carried out by: 1) operator panel monitoring – in the range of activities associated with this Panel, 2) the plane guard in the remaining steps.

§ 2. Operator panel monitoring a plane guard or an organizational unit subordinate to the Minister of Justice.

§ 3. The subject of the conservative ' caretaker ' may be an entrepreneur, State institution or a foreign entity that is an entrepreneur within the meaning of the law of the country of registration and to satisfy the conditions to carry out business in the Republic of Poland.

§ 4. The Minister of Justice shall select the entity dozorującego, referred to in § 3, as specified in the Act of 29 January 2004 public procurement law (Journal of laws of 2013.907, as amended) and entrusted the execution of the activities referred to in § 1, paragraph 1 or 2.



Section 2 getting started electronic surveillance Art. 43 h. [conditions for the execution of punishment on electronic surveillance] § 1. The penalty may be executed on electronic surveillance only if the technical conditions covering, in particular, the number and range of available transmitters and recorders and organisational capacity to handle them.

§ 2. If the technical conditions are not sufficient to cover mobile supervision of all convicts, to whose custody was ordered, first, to the implementation of mobile inspection ordered as a precautionary measure.

§ 3. If convicted he resides jointly with another person or persons consenting adults, provided the start of desktop supervision is the prior written consent of those persons submitted to the Court, including enabling the company dozorującemu for carrying out the checking operations.

§ 4. Curator of the Court shall be determined by the collection of the information, whether convicted resides jointly with another person or persons consenting adults and, if so, obtain the personal data of those people, and then tells them about the conditions of execution of punishment in the system of electronic surveillance and the consequences that result from the exercise for people living with prisoners. Curator of the court sets out the conditions and the social, in which the resident convicted of, to the extent necessary for the proper enforcement of the sentence on electronic surveillance. This information is curator of the Court shall immediately to the Court.

§ 5. Statement of consent, referred to in § 3, can also be received by a probation officer during the steps referred to in § 4, and then immediately handed over to the Court.

§ 6. The Court may order the execution of punishment on electronic surveillance despite the absence of consent, referred to in paragraph 3, if the execution of the penalty on electronic surveillance clearly does not entail excessive difficulties for people, that this consent is not expressed, and violate its privacy only slightly.

§ 7. The provision referred to in section 6, a person who did not consent, referred to in paragraph 3, shall be entitled to appeal.

§ 8. Withdrawal of consent after the release of the start of the electronic surveillance is ineffective.



Article. 43and. [Information from the subject dozorującego, postpone the enforcement of the sentence] § 1. The Court, which executes the punishment with the use of electronic surveillance requests from the subject dozorującego and sending information, or technical conditions allow you to immediately start executing the penalty, and if not, from which date it will be possible.

§ 2. If the information obtained from dozorującego shows that it is not possible to immediately start executing the penalty, the Court shall order to defer execution of this penalty for a specified period. The total period of deferment may not be longer than one year.

§ 3. In order to defer enforcement of the sentence shall be entitled to appeal.



Article. 43j. [repeal of prohibition or control of the obligation of a system of electronic surveillance, amendment or repeal of detention] § 1. If, on the expiry of the total period of deferral, as referred to in article. 43and § 2, of the information obtained from dozorującego shows that it is not possible to continue to immediately start executing measure, the Court shall order of revocation of the prohibition or control of the obligation of a system of electronic surveillance, and where appropriate shall apply instead of or next to the nature of criminal penalty measure measure referred to in article 2. 39 paragraph 2-2e of the criminal code. Using the measure or punitive measures, the Court has regard to their condition does not exceed the total measure ordered in the judgment.

§ 2. If, on the expiry of the total period of deferral, as referred to in article. 43and § 2, of the information obtained from dozorującego shows that it is not possible to continue without delay the start of the execution of detention, the Court shall order the amendment or repeal of the measure.

§ 3. On order of the Court shall be entitled to appeal.



Article. 43 k [decision on the start of the electronic surveillance] § 1. After you have obtained from the subject dozorującego information, that it is possible to immediately start executing the penalty, and, in the case of stationary surveillance, after obtaining the consent of the referred to in article 1. 43 h § 3, the Court shall make an order at the start of the electronic surveillance, in which: 1) shall designate a term and determines how the offender readiness for installation technical means, 2) if the offender was sentenced to supervision, specifies the place of performance of the supervision, time intervals throughout the day and in different days of the week, when convicted is required to reside here, 3) determines what hardware you want to install.

§ 2. The term referred to in § 1, paragraph 1, may not be more than 24 hours after the release of a convicted criminal, and if convicted is residing on freedom, not more than 24 hours from the announcement or service consisted of provisions on the start of the electronic surveillance. If the offender while in prison was sentenced to mobile surveillance or proximity, you can set a deadline for the founding of the transmitter in up to 7 days before the end of sentence or conditional przedterminowym; in this case, the time allowed shall be plane guard for operator and the Director of the prison, and the provision of § 1 paragraph 1 does not apply.

§ 3. Time intervals referred to in § 1, paragraph 2, may not start or end in the hours between 2300 and 500, unless this is justified by the exceptional, especially the legitimate work-related circumstances the offender.


§ 4. After the announcement, or by delivery of the start of the electronic surveillance must be served the offender written notice of your rights and obligations the obligations related to electronic supervision, as well as of the consequences of a breach of those obligations. Copy of the order shall be sent immediately to the Court curator and dozorującemu entity.

§ 5. The decision on the start of electronic surveillance have the complaint only to the extent of determining the periods of time referred to in § 1 point 2.

§ 6. Start executing electronic surveillance is followed by the date on which to the accused ran the technical measures necessary to carry out the punishment in this system.

§ 7. If the duration of electronic surveillance is specified, after the start of the exercise of supervision the court notifies the accused and the plane guard, of the date of its completion.

§ 8. The Minister of Justice shall determine, by regulation, the pattern of the written notice referred to in paragraph 4, having regard to the need to understand the letter people that do not use the aid.



Article. 43 l. [notice of right to request equipment in a portable recorder or desktop] § 1. If the offender was sentenced to restraining people controlled on electronic surveillance, the Court shall instruct this person of the right to apply for equipment in a portable recorder or desktop and on the content of the article. 43s. 43v nominal. § 2. If a person protected does not occur with the application referred to in paragraph 1, within one month from the receipt of the letter, or declare that you will not use the data logger, the Court decides to change the proximity mobile supervision supervision. The provisions of article 4. 43and § 1 and article. 43 k § 1 shall apply mutatis mutandis.

§ 3. In order to change the proximity mobile supervision supervision is entitled to appeal to the parties and the person protected.



Division 3 the duties and rights of a convicted Art. 43 m. [notification of readiness for installation technical means] § 1. Condemned is required to report to the company dozorującemu, within the time limit and in the manner laid down by the Court, ready for installation technical means.

§ 2. The subject plane guard shall immediately register the notification referred to in § 1.

§ 3. Plane guard entity shall immediately notify the legal guardian and the Court to oppose it by a convict, referred to in paragraph 1, or of tax evasion sentenced from the installation Center.



Article. 43FF. [obligations of the accused, against whom is performed electronic surveillance] § 1. Convicted, to which the electronic surveillance is executed, has the obligation to: 1) continuously to wear the transmitter, 2) take care of the entrusted to him the technical measures, including in particular to protect them from loss, destruction, damage or making unfit for use, and to ensure their permanent electricity supply, 3) to make the company dozorującemu entrusted to technical measures for inspection, repair or replacement for any request of that entity, including allowing employees of that entity entry to premises in which the convicted is residing, or to the property to its ownership or its Board, 4) provide to the President of the Court or to the authorised judge, judicial professional women, dozorującemu and to the operator control panel monitor explanation of the course of penalties and enforcement imposed duties and put on the request of the judge and the guardian.

§ 2. Convicted, to which it is performed, supervision is also required to: 1) remain in the indicated by the Court of the place in the allotted time, 2) receive incoming connections to a desktop recorder, 3) enable the Court curator professional entrance to the apartment or property where you have installed the recorder, 4) grant persons authorised, at their request, the explanations referred to in § 1, paragraph 4, also using the data logger.



Article. 43o. [change place of desktop supervision] § 1. In an exceptional case, justified by particular circumstances, the Court may change the place of performance of the supervision.

§ 2. To change the place of desktop supervision shall apply mutatis mutandis the provisions of article 4. 43and § 1, article. 43 k § 1 and 5, and article. 43 m. § 3. In justified cases, the Court may change the time intervals throughout the day and in different days of the week, referred to in article 1. 43 k § 1 point 2.

§ 4. In justified cases, where it is necessary to quickly make changes, time intervals throughout the day and in different days of the week at the request of the accused may also be amended by a decision of the legal guardian, which shall immediately inform the President of the Court or an authorized judge and enters information into the system of communication and monitoring. The Court may set aside the changes made by the legal guardian professional or make them your own changes.



Article. 43p. [Permit the offender to leave the place of desktop supervision for health reasons, family or personal] § 1. In cases of particularly important for convicted, justified on grounds of health, family or personal, judicial professional curator may allow the offender to leave the place of desktop supervision for a period of not more than 7 days at a time, if necessary, accompanied by the person nearest or trustworthy person, it shall immediately inform the President of the Court or an authorized judge and entering this information into the system of communication and monitoring.

§ 2. The authorisation referred to in paragraph 1, may be withdrawn if, after his award appeared information or circumstances justify the fear that convicted during the period of authorisation could compromise the legal order.

§ 3. If the authorization has been revoked, the offender shall not be granted permission again to leave the place of supervision.



Article. 43q [Break in the execution of punishment on electronic surveillance for health reasons, family or personal] § 1. If you support this important health considerations or personal, the Court may order a pause in the execution of punishment on electronic surveillance.

§ 2. A break in the execution of punishment on electronic surveillance is the period between the deletion by the subject plane guard for at least one of the technical means necessary for the performance of supervision and refitting or installing all technical measures. The provisions of article 4. 43 k § 1 and 5, and article. 43 m shall apply mutatis mutandis.

§ 3. The Court may revoke a break in the execution of punishment on electronic surveillance in case of cessation of the cause for which it was ordered, or if the condemned is not using break in accordance with the objective which it was ordered, or grossly violates the legal order.

§ 4. On order of the break and break have a complaint.



Article. 43r. [consent to uninstall desktop recorder or deletion of the transmitter] § 1. In the case of extreme urgency, in view of the threat to human life or health, judicial professional curator may agree to uninstall desktop recorder or deletion of the transmitter.

§ 2. The President of the Court or an authorized judge within 7 days of the consent referred to in § 1, manages to reinstall the data logger or assumption of the transmitter or to the Court for a break in the execution of the penalty.

§ 3. Following the cessation of the cause to remove the device or transmitter, the President of the Court or an authorized judge, at the request of the legal curator, manages its reinstall or assumption. The provisions of article 4. 43 k § 1 and 5, and article. 43 m shall apply mutatis mutandis.



Article. 43. [procedure in the event of deliberate release to destroy, damage, render unfit for use of the transmitter, the recorder or portable] § 1. In the event of deliberate release to destroy, damage, render unfit for use of the transmitter, the Registrar or the Court may impose mobile offender or a person protected the levy on behalf of dozorującego. In matters of enforcement of the levy shall apply the provisions of the Act of 17 June 1966 on enforcement proceedings in administration (Journal of laws of 2014.1619, as amended).

§ 2. The provision concerning the imposition of the levy shall be entitled to appeal.

§ 3. You can not declare after 6 months from the date on which it took place the Act specified in § 1.

§ 4. The Minister of Justice shall determine, by regulation, the amount of the levy separately for the transmitter and the recorder or portable, with a view to it does not exceed the value of the transmitter or the Registrar and costs to be reinstalled.



Division 4 Acts of the entities engaged in electronic surveillance Art. 43t. [subject Task dozorującego] § 1. By completing the electronic surveillance, the orleck: 1) immediately after the occurrence of the technical conditions informs the Court about the possibility of beginning of their electronic surveillance, 2) consisted of the transmitter immediately, but not later than within 3 days from the date of notification by the convicted person, referred to in article 1. 43 m, 3) in the event of a decision desktop surveillance installs desktop recorder on the date indicated in paragraph 2,


4) in the event of a decision the proximity supervision shall transmit to the Registrar a portable person protected non-convergence and instructs them on how to use the recorder, 5) controls the accuracy of the technical measures and immediately removes the weaknesses in their operation, 6) after the completion of supervision, as well as on the order of the Court or the legal guardian, removes the transmitter, desktop recorder and portable recorder used by the protected person.

§ 2. By completing the electronic surveillance, the entity conducting the monitoring headquarters: 1) in the event of a judgment of the mobile inspection continuously controls the whereabouts of the offender, 2) controls the compliance by offender duties associated with the use of the surveillance 3) records each event based on whether or not you have established communication between technical measures and any unauthorised influence on these measures, as well as the exhaustion of the internal power supply, 4) shall immediately notify the legal guardian and the President of the Court or an authorized judge for non-compliance with the obligations referred to in paragraph 2, and of any event referred to in paragraph 3, 5) executes commands the Court and legal guardian professional associated with supervision.



Article. 43u. [installing desktop recorder and the title to the property or premises] § 1. The person who has title to the property or premises in which is to be or has been installed a desktop recorder, is required to allow the entity to dozorującemu: 1) install the recorder under conditions which ensure its proper operation, 2) the implementation of control activities in order to check the correct operation of the recorder.

§ 2. If necessary, plane guard entity may request from the police to help in making the activities to be carried out on the basis of the provisions of this section, in particular, at the entrance to the place where the recorder is installed or where convicted.

§ 3. The costs of steps taken by the police court charges the accused, if the failure by the responsibilities associated with electronic supervision resulted in the need to request the aid referred to in paragraph 2. The accused should be advised of the possibility of loading it.

§ 4. On order of the load shall be entitled to costs the offender complaint.



Article. 43v nominal [Control technical means] § 1. In order to check the correctness of the operation and use of the recorder or transmitter the subject plane guard may, at any time, control of these technical measures. Orleck entity shall control in case of unauthorized environmental impact recorder or transmitter.

§ 2. The person concerned, may be convicted, the person protected non-approach, the person residing together with the prisoners, and the person who has title to the property or premises referred to in article 1. 43u § 1.

§ 3. Before attempting to control the employee entity dozorującego it turns out people concerned, a document identifying him as a person authorized to carry out checks, issued by a plane guard.

§ 4. Control shall be carried out in accordance with its purpose, with restraint and respect for human dignity and without causing unnecessary discomfort.

§ 5. The technical control must be carried out after 600, and before 2200, unless there is a case of immediate top delay.

§ 6. Persons concerned by the inspection, shall be entitled to appeal to the Court on how to carry it out.



Article. 43w. [Deleting, replacement, installation or establishment of a recorder or transmitter] § 1. Can the President of the Court without the consent of the orleck entity or authorized a judge to remove, replace, install or set up a recorder or transmitter, if: 1) the recorder or transmitter is damaged, destroyed, wear or other reasons does not work correctly, 2) is necessary because of the threat to the life or health of the accused, 3) the Minister of Justice made the choice of another entity as the entity dozorującego.

§ 2. Of the removal, replacement, installation or the assumption of a recorder or transmitter the subject plane guard shall immediately inform the President of the Court or an authorized judge, indicating the action taken and its reason.



Article. 43 x [storage and archiving of personal data] § 1. Orleck entity stores and archives the personal data in the form of first name, last name and social security number sentenced and the information registered in connection with the performance of electronic surveillance. If convicted, does not have Polish citizenship and given social security number instead of the stores and archives the passport or other identity document identifying the offender.

§ 2. Personal information and the information referred to in paragraph 1, shall be kept in a way that ensures their security, for a period of 2 years from the date of their acquisition.

§ 3. The data stored by the plane guard may be disclosed to the police and it processed solely for the purpose of preventing or detecting crime or tax offences.

§ 4. The Minister of Justice shall determine, by regulation, how to back up and how to and removal of personal data and information registered in connection with the performance of electronic surveillance, bearing in mind the need to ensure the security of these data and information from unauthorized access.



Article. 43y. [Request dozorującego entity to remove shortcomings within the prescribed period] § 1. In the case of significant deficiencies in the performance of electronic surveillance by the orleck, the President of the competent court or an authorized judge calls on the subject plane guard to remove shortcomings within the prescribed period, not longer than 3 months.

§ 2. In the case of a failure to deficiencies within the prescribed time limit, the President of the competent court shall inform the Minister of Justice.

§ 3. The Minister of Justice shall determine, by regulation, the manner and mode of supervision of the performance of electronic surveillance, including the way of documenting this surveillance, bearing in mind the need to ensure the correctness of the execution of electronic surveillance and the need for effective elimination of identified deficiencies.



Article. 43z. [Pause in the execution of penalties on electronic surveillance] § 1. If the agreement with the conservative ' caretaker ' has been cancelled, terminated, period, that was concluded, or for other reasons ceased to bind the parties, and it is not possible to promptly entrust tasks to another body dozorującemu executing penalties on electronic surveillance is a break. Provision of art. 43q § 2 shall apply mutatis mutandis.

§ 2. The Court shall notify the accused of the date the start of the break. The provisions of article 4. 43and, art. 43 k and article. 43 m shall apply mutatis mutandis.



Branch 5 Complete electronic surveillance Art. 43za. [recognition of penalties on electronic surveillance for work done] § 1. The penalty on electronic surveillance shall be deemed to be made on the date of completion of supervision, unless it is decided to change the way of enforcement of a sentence.

§ 2. If the sentence on electronic surveillance was subject to punishment, the Court, which ruled a penalty, it shall immediately inform the competent court in matters of execution of electronic surveillance. A Court of competent jurisdiction in matters relating to perform electronic surveillance, it seems the command, referred to in article 2. 43t § 1 paragraph 6, unless it is not practicable due to the type and dimension of the sentence.



Article. 43zb. [conditions for obtaining a change in enforcement of the sentence] § 1. The Court to change the way of enforcement of a sentence, if: 1) after the expiry of the period for which the execution has been postponed penalties on electronic surveillance, the execution of the penalty in this system still is not possible, 2) within 3 months from when a conviction is not obtained consent, referred to in article 1. 43 h § 3, unless the Court ruled the execution of punishment on electronic surveillance despite the absence of that consent, 3) condemned in run-time penalty on electronic surveillance or breaks in its implementation was embedded in prison in connection with the use of provisional detention or execution of sentence in another case.

§ 2. In the case referred to in § 1 paragraph 2 If, within 3 months from when a conviction, the Court issued a decision referred to in article 2. 43 h § 6, the deadline is extended until the provisions.



Article. 43zc. [change the way enforcement of the sentence] If changing the way of enforcement of a sentence from the grounds referred to in article 1. 43zb § 1, the change lies in the judgment of the obligation referred to in article 1. 34 § 1a paragraph 1 or 3 of the criminal code or the set-off referred to in article 1. 34 § 1a paragraph 4 of the criminal code or a fine.



Article. 43zd. [Order complete substitute custodial] § 1. If convicted: 1) repealed since the founding of the transmitter or to install a data logger, 2) to which the surveillance is stationary, erred in the legal order, in particular, has committed an offence or crime tax, 3) repealed the performance of obligations related to electronic supervision, 4) which was allowed to leave the place of desktop supervision, during the period covered by the authorisation of abused trust, in particular, did not return to the place where the electronic surveillance within the allotted time


-the Court may order the execution of the substitute imprisonment on the principles referred to in article 1. 65. § 2. The Court may depart from the order of implementation of alternative custodial of the causes specified in: 1) § 1 paragraph 1 – if the installation of the technical measures occurred later than indicated in the order for the start of the electronic surveillance, 2) § 1 paragraph 4 – if convicted there he returned to the place where the electronic surveillance for reasons beyond his control, that he could not predict.



Article. 43ze. [Hearing the accused before a decision about the change of the way of enforcement of the sentence] § 1. Before a decision to change the way of enforcement of a sentence, the Court, if it considers it necessary, shall hear the accused, his counsel, the legal guardian or representative of the offender referred to in the article. 42. § 2. In order to change the way of enforcement of a sentence have a complaint against the offender, his Defender, the Prosecutor and the Court curator.



Article. 43zf. [the decision to change the way of enforcement of the sentence] § 1. When to change the way of enforcement of a sentence, the Court: 1) specifies the sentence remaining to be done, 2) defines a new way of enforcement of a sentence in that dimension, assuming that: a) a month performing penalty restriction of liberty on electronic surveillance is equal to month obligations referred to in article 1. 34 § 1a paragraph 1 of the criminal code or the month the set-off referred to in article 1. 34 § 1a paragraph 4 of the criminal code, (b)) the day of the execution of punishment restriction of liberty on electronic surveillance is equal to one of the daily rate of the fine and a month the execution of this penalty-30 day rates of fine, c) the nature of the obligation referred to in article 2. 34 § 1a paragraph 3 of the criminal code, corresponds to its condition imposed in the judgment, punishment, and for the achievement of the objectives of the punishment, it is not necessary to the decision of the obligation referred to in article 1. 34 § 1a paragraph 1 of the criminal code or the set-off referred to in article 1. 34 § 1a paragraph 4 of the criminal code.

§ 2. In the case of changes in the way execution penalty restriction of liberty by decision of two or more of the ways referred to in article 1. 43zc, they may not, after you have specified the principles referred to in § 1, paragraph 2, including exceed ailments penalties remaining to be done.



PART of the SPECIAL Chapter VIII Fine Art. 44. [payment of fines] § 1. Sentenced to pay a fine, the Court calls for it to pay within 30 days.

§ 2. In the event of ineffective over time fine pulls in repossessions.

Article. 45. [working socially useful] § 1. If the execution of a fine not exceeding one hundred twenty daily rates will prove to be ineffective or of the circumstances of the case, it appears that it would be ineffective, the Court may replace the fine to work socially useful, given that the ten daily rates is equivalent month work socially, rounded up to a full month. The work of socially useful shall be determined in the months and the dimension of work hours from 20 to 40 hours in respect of a month, following the indications contained in the article. 53 of the criminal code.

§ 2. To the performance of work referred to in paragraph 1, shall apply mutatis mutandis the provisions of article 4. 53 – 58 and article. 60. § 3. The provisions of paragraph 1 and 2 shall apply mutatis mutandis to the fine specified in amount, except that the upper limit of the fine to be swapping must not exceed 240 000 pounds, and a month of work socially is equivalent to a fine in the amount of up to 20,000 dollars.

§ 4. To order the conversion of fines to work socially useful have the complaint.

Article. 46. [Substitute imprisonment] § 1. If the execution of the fine has proven to be ineffective or of the circumstances of the case, it appears that it would be ineffective, the court orders the execution of the substitute imprisonment when: 1) condemned declares that it does not agree to work socially converted on the basis of article. 45 or evade from its implementation, or 2) replacing the fine to work socially useful is impossible or niecelowa.

§ 2. Managing the execution of the substitute imprisonment, it is assumed that one day of deprivation of liberty is the equivalent of two rates of daily fines; surrogate penalty may not exceed 12 months imprisonment, as well as the upper limit of imprisonment for the offence, and if the law does not provide for imprisonment for the offence, the upper bound of the substitute imprisonment may not exceed 6 months.

§ 3. The provisions of paragraph 1 and 2 shall apply mutatis mutandis to the fine specified in amount, except that one day of deprivation of liberty is equivalent to a fine in the amount of 20 to 4000 dollars.

§ 4. Where a fine has been paid or received by way of execution only in part, or only in part is made in the form of work socially, the Court, by managing the execution of the substitute imprisonment, specifies the dimension according to the rules provided for in § 2 or 3.

§ 5. The provision of the Ordinance, the implementation of the alternative sentence of imprisonment shall be entitled to appeal.

Article. 47. [reduction of penalty alternative] § 1. If the fine has been paid in part, the President of the Court or an authorized judge manages to reduce penalties foster in a manner appropriate to the ratio of the amount paid to the amount of the fine.

§ 2. Replacement of imprisonment or the performance of work referred to in article 1. 45 § 1, prison break, you may at any time release by the deposit of a sum of money per yet to pay a fine title.

§ 3. (repealed).

§ 4. (repealed).

Article. 48. [shall be entitled to attend the meeting in the order the implementation of alternative custodial] in meeting the order of implementation of the substitute imprisonment have the right to take part, the Prosecutor, convicted and his Defender, and if convicted will remain under the supervision of the judicial profession, curator-a person worthy of trust or representative associations, institutions or social organizations, referred to in article 1. 73 § 1 of the criminal code.



Article. 48A. [Hold the implementation of alternative custodial] § 1. The Court may at any time suspend the execution of the substitute imprisonment ordered in the case referred to in article 1. 46 § 1, paragraph 1, if the convicted declares in writing that it would take the work of socially useful and give up the rigors of her. Pause is to time the work socially or deposit an amount of money per yet to pay a fine title.

§ 2. If convicted of shirking the work socially, the court orders the execution of the substitute imprisonment.

§ 3. In the cases referred to in § 1 and 2 the Court specifies the dimension of the work remaining to be done socially or substitute a sentence of imprisonment, guided by the principles set out in article 4. 45 § 1 and 3 and art. 46 § 2-4.

§ 4. At the meeting, referred to in § 2, has the right to take part, the Prosecutor, the Court curator, convicted and his Defender.

§ 5. On order of the suspend and arrange for the implementation of alternative custodial and determine the dimension of the work remaining to be done socially or substitute a sentence of imprisonment shall be entitled to appeal.

§ 6. Unacceptable to halt implementation of the same substitute imprisonment under § 1.

Article. 49. [Spreading fine on the HP] § 1. If the immediate execution of the fine would entail for the convicted person or his family too severe effects the Court may lay out the fine in installments on time not exceeding 1 year from the date of issue of the first order in this regard.

§ 2. In cases worthy of special consideration, especially when the amount of the fine is significant, you can lay out the fine in installments for a period of up to 3 years.

§ 3. On order in the distribution of fine HP receive a complaint.

Article. 50. [Appeal spreading fine on the HP] § 1. Court revokes the distribution of fine, if revealed to new or previously unknown circumstances relevant for the decision; article. 24 section 2 does not apply.

§ 2. Distribution of the fine in installments, you can reference even where sentenced to observe the time limit for payment at least one installment, unless you can demonstrate that this occurred for reasons beyond his control.

§ 3. On order appeal spreading fine on HP shall be entitled to appeal.

Article. 51. [waiver of fines] § 1. If convicted, for reasons beyond his control, has not paid the fine, and the execution of that sentence in a different way turned out to be impossible, or unintentional, the Court may, in particularly justified cases, a fine release in parts, and exceptionally also in its entirety; does not manage to execution, if the circumstances of the case, it appears that it would be ineffective.

§ 2. To order the remission of the fine shall be entitled to appeal.


Article. 52. [Granting parole to serve the rest of the penalty of deprivation of liberty] by providing the offender parole to serve the rest of the sentence of imprisonment, the Prison Court may, if there are reasonable grounds to believe, that convicted paid the fine on a voluntary basis, to suspend previously ordered the execution of alternative custodial, using at the same time, art. 49; the period of distribution of the fine in installments shall run from the date of issue of the WrestleMania.



Article. 52A. [delegation to the enforcement of financial penalties of money referred to in chapter 66b k.p.k.] The provisions of this chapter shall apply mutatis mutandis to the enforcement of financial penalties of money referred to in chapter 66b code of criminal procedure.



Chapter IX Punishment restriction of liberty Article. 53. [execution of the penalty of restriction of liberty], § 1. The execution of the penalty of restriction of liberty has to raise in the prisoners will shape its socially desirable attitudes, in particular a sense of responsibility and the need for compliance with the legal order.

§ 2. Condemned is required to conscientiously perform the obligation incumbent on it obligations, and at the place of work or residence to comply with established rules of behavior, order and discipline.

§ 3. (repealed).

Article. 54. [place of performance penalties] Punishment restriction of liberty is carried out at the place of permanent residence or employment of sentenced or a short distance from this place, unless important considerations militate in favour of making capital punishment elsewhere.

Article. 55. [the supervision of execution of punishment restriction of liberty], § 1. Supervision of the performance penalty of restriction of liberty, and to rule in matters relating to the implementation of the sanctions belong to the District Court in whose district the punishment is or is to be performed.

§ 2. Activities of organizing and controlling the execution of the penalty of restriction of liberty, and the obligations imposed on the accused taking place this punishment performs judicial guardian. The rules of judicial kuratorze and, experienced autonomously shall apply mutatis mutandis.

Article. 56. [Executing royalty-free, controlled work for social purposes], § 1. In order to implement the royalty-free, controlled work on the social objectives of the Court shall send a copy of the judgment to the competent court curator.

§ 2. The competent Mayor, Mayor or city President, hereinafter referred to as ' the competent authority of the municipality ", designates a place which can be performed free of charge, controlled work for social purposes; the entities for which the authority of the municipality, County or province is the incorporation, as well as the State or local government agencies and commercial companies with the sole participation of the State or the municipality, County or State, are required to enable the mission to perform unpaid labour controlled for social purposes.

§ 3. The work referred to in § 2, could be also carried out for the benefit of the institutions or organisations representing the local community and educational institutions-educational, youth educational centres, youth centres, socjoterapii, medicinal entities within the meaning of the provisions on the activities of the medical, social welfare agencies, foundations, associations and other institutions or public service organizations, charitable aid, with their consent.

§ 4. The work referred to in § 2, could be also carried out for the benefit of others than those mentioned in § 2 and 3, entrusted with the execution of tasks in any way their own municipalities, referred to in article 1. 7 paragraph 1. 1 paragraphs 1-3, 4-6 or 7-15 of the Act of 8 March 1990 on municipal self-government (Journal of laws of 2013.594, as amended).



Article. 56A. [Insurance accident criminal, performing unpaid controlled work] § 1. Expenses related to insurance accident criminal, carrying out unpaid, working for social purposes, and socially useful, shall be borne by the State Treasury.

§ 2. The Minister of Justice shall determine, by regulation, procedures for the conclusion by entities authorized accident insurance contract convicts performing unpaid, working for social purposes, and socially useful, as well as the minimum and maximum sum insured, for which such an agreement may be concluded, entities authorized to conclude insurance contracts and agreements, bearing in mind the need to ensure that prisoners free , social work or the work of socially useful, adequate compensation in the case of the implementation of this work accident and the smooth execution of the conclusion of the insurance contract.

Article. 57. [the rights and responsibilities of the accused and the consequences of tax evasion of penalties] § 1. A professional curator court within 7 days from the service of the judgment calls on the offender and teaches him about the rights and obligations and the consequences of tax evasion of penalties, as well as Specifies, after hearing the accused, the nature, place and date of commencement of employment, and shall immediately inform the competent authority of the municipality and the entity to which the work will be performed.

§ 2. If convicted, does not appear on the summons or instructed on the rights, obligations and the consequences related to the exercise of free, controlled work for social purposes declares judicial professional women that do not agree on the timing, the curator of the addresses to the Court for a preliminary ruling of the penalty.

§ 3. Provision in § 2 shall apply mutatis mutandis in cases where the convicted will not work within a specified period or otherwise evade from incarcerated restriction of liberty or the implementation of the obligations incumbent on it.

§ 4. Change, the place or the date of the start of the work may take place on the basis of a decision of a judicial trustee in particularly justified cases; provision of section 1 shall apply mutatis mutandis.

§ 5. The provisions of § 1-4 shall apply mutatis mutandis to the obligation referred to in article 2. 34 § 1a paragraph 3 of the criminal code.

Article. 57A. [Start of sentence] § 1. Start of the penalties in the form referred to in article 1. 34 § 1a paragraph 1 of the criminal code is followed by the date on which the sentenced proceeded to perform the indicated operation.

§ 2. Start of the penalties in the form referred to in article 1. 34 § 1a paragraph 4 of the criminal code follows on the first day of the period in which the deduction the offender from wages.

§ 3. Execution of the royalty-free, controlled work for social purposes may be carried out also in public holidays and non-working days in the entity to which it is performed.

§ 4. The start of the penalty imposed on the basis of article. 34 § 1a paragraph 3 of the criminal code follows on the day of judgment has become final.

Article. 58. [determination of place of work, type of work and those responsible for organizing and controlling workflow] section 1. The competent authority of the municipality shall inform the legal guardian professional designated for convicted places of work, type of work and the persons responsible for organising work and monitoring its progress.

§ 2. The persons referred to in paragraph 1, shall immediately inform the legal guardian professional of the essential circumstances relating to the course of the work and behaviour of the offender, and, in particular, of the date of the start and end of the work, the number of hours worked by the offender, the type of work by work, oppose it to work, take assigned work, way of preventing the execution of the work, leaving work without excuse, each case of niesumiennego work, and persistent non-compliance with the established order and discipline.

§ 3. The Minister of Justice, in consultation with the competent Minister of public administration and the competent Minister for Labour Affairs, shall determine, by regulation, designate by the competent authority of the municipality of entities referred to in article 1. 56 section 2, in which the punishment is executed against the restriction of liberty and work of socially useful activities of these entities, as well as the entities referred to in article 1. 56 section 3, in respect of the execution of this penalty and work, including organizing jobs and employment and criminal checks, as well as the maximum daily working time convicted, having regard to the need to ensure the conditions for the smooth execution of the penalty of restriction of liberty and work socially.

Article. 59. [Deduction] § 1. If, in relation to the accused employee, rather than the obligation to perform specified work, was held in the deduction of a specific part of the remuneration for work, the Court shall send a copy of the judgment to the undertaking of work zatrudniającemu the accused, stating at the same time, on whose behalf to be effected deductions and where should be paid, and indicating which components of remuneration for work and how to make them.

§ 2. By paying the remuneration of the offender, shall be deducted as set out in the decision part wages and immediately shall transfer the amount according to the indications received by notifying the Court. The costs associated with providing these amounts shall be deducted from the effected deductions.


Article. 60. [explanations concerning the course of sentence] the Court, and the Court curator professional may at any time require the offender to explain the course of incarcerated restriction of liberty and, to this end, call upon the accused to appear in person.

Article. 61. [change of duties] § 1. If educational considerations for this appeal, the Court may within the period of execution of the penalty of restriction of liberty to establish, expand or modify the obligations referred to in article 1. 34 § 1a paragraph 3 of the criminal code, or the performance of those duties to release unless held only one duty.

§ 2. For the same reasons, the Court may reduce the employment of a number of hours of work performed in respect of a month, or monthly deductions from wages, but no more than limit the statutory minimum referred to in article 1. 34 § 1a paragraph 4 and article. 35 § 1 of the criminal code.

§ 3. The provisions issued pursuant to § 1 shall be entitled to appeal.

Article. 62. [postponement of enforcement of a sentence restriction of liberty], § 1. The Court may postpone the execution of the penalty of restriction of liberty for up to 6 months if the immediate execution of penalties would entail for the convicted person or his family too severe effects.

§ 2. The Court postponed the execution of the penalty of restriction of liberty in the event of the appointment of the offender to active military service, until the service. To such an offender, the Court may apply the provisions of art. 336 § 3 and 4 of the criminal code.

§ 3. The Court may revoke the postponement of execution of punishment in case of restriction of liberty of cessation of the cause for which has been granted, or if the condemned is not using the deferral of penalty in accordance with the objective which has been granted, or grossly violates the legal order.

§ 4. On order on the break and a break in the execution of the penalty of restriction of liberty are entitled to appeal.

Article. 63. [pause in making a penalty], § 1. If the State of health of the convicted person prevents the execution of punishment restriction of liberty, the Court shall grant a break in making a penalty until the cessation of the obstacle.

§ 2. The Court may grant a break in the go-ahead penalty restrictions of freedom a year for reasons referred to in article 1. 62 § 1.

§ 3. The provisions of article 4. 62 § 2 and 3 shall apply mutatis mutandis.

§ 4. On order on the break and a break in the execution of the penalty of restriction of liberty are entitled to appeal.

Article. 63A. [Revision forms of obligation] § 1. In particularly justified cases the Court may change the form of the obligation to perform the work, accepting 20 hours of work for social purposes equivalent to 10% of the salary for work; ordered the work may not exceed 40 hours over a month.

§ 2. On the order of the changes to the form of the implementation of the obligation referred to in § 1, shall be entitled to appeal.



Article. 63B. [Fixing billing hours of unpaid, controlled work for social purposes in other periods than monthly] § 1. For important reasons, in particular, justified by the offender paid work or State of health, the Court, at the request of the offender, it can determine the settlement hours free, controlled work for social purposes in other periods than monthly, not to exceed the period of sentence or sentence of the total number of hours of work to be done in this period.

§ 2. The Court should recognize the request within 14 days from the date of its submission.

§ 3. On order made under paragraph 1 shall be entitled to appeal.

Article. 64. [failure to meet the obligations within] § 1. In the event of non-fulfilment of the full dimension of the work or not all deductions from wages or non-fulfilment of other obligations the Court whether and to what extent the penalty considered done due to achieved targets of retribution.

§ 2. If the law provides for passing so far made penalty restriction of liberty on account of any other penalty, the Court shall order the penalty period of restriction of liberty is subject to completion, taking into account the extent of the implementation of the obligations and deductions, and the time elapsed since the start of the penalty of restriction of liberty in the prescribed form.



Article. 64A. [complaint against the order made on the basis of article 83 of the criminal code] to order the release the offender from the rest of the penalty of restriction of liberty, issued pursuant to art. 83 of the criminal code, and the order of the period not yet made penalty restriction of liberty to be passing on the other penalties, shall be entitled to appeal.

Article. 65. [Substitute imprisonment] § 1. If convicted of shirking incarcerated restriction of liberty, the court orders, and if it is deleted from the cash benefit or sentences on the basis of article. 34 section 3 of the criminal code, the Court may order the execution of the substitute imprisonment. If convicted, made a part of the penalty of restriction of liberty, the court orders the execution of alternative punishment deprivation of liberty in the dimension corresponding to the penalty of restriction of liberty remaining to be done, assuming that the one day foster a custodial sentence is equivalent to two days of restriction of liberty penalty.

§ 2. If the Act does not provide for imprisonment for the offence, the upper bound of the substitute imprisonment may not exceed 6 months.

§ 3. The meeting has the right to take part, the Prosecutor, the Court curator, convicted and his Defender.

§ 4. The provision concerning the penalty of substitute shall be entitled to appeal.



Article. 65. [Hold the implementation of alternative custodial] § 1. The Court may at any time suspend the execution of the substitute imprisonment if convicted declares in writing that it would take to make the penalty of restriction of liberty and give up the rigors of its; hold followed by until the sentence limit freedom.

§ 2. If convicted of shirking incarcerated restriction of liberty, the court orders the execution of the substitute imprisonment.

§ 3. In the cases referred to in § 1 and 2 the Court specifies the dimension of the remaining sentence to restriction of liberty or the substitute imprisonment, guided by the principles set out in article 4. 65 § 1 and 2.

§ 4. At the meeting, referred to in § 2, has the right to take part, the Prosecutor, the Court curator, convicted and his Defender.

§ 5. On order of the suspend and arrange for the implementation of alternative custodial and determine the dimension of the rest of the sentence to have a complaint.

§ 6. Unacceptable to halt implementation of the same substitute imprisonment under § 1.

Article. 66. [Rule in respect of changes to forms of execution of punishment] § 1. Decisions on changes to forms of penalty execution restriction of liberty and the enforcement of a sentence, as well as exemption from the rest of the punishment may also be refused at the request of the legal guardian.

§ 2. Request the offender or his defenders for an exemption from the rest of the penalty of restriction of liberty lodged before the expiry of 3 months from the issuance of the previous provisions in this regard does not recognize until the expiry of that period.

§ 3. In the case of release offender from holding the rest of the penalty of restriction of liberty Court curator professional shall notify the workplace, establishment, institution or organization in which the condemned was the penalty.



Article. 66A. [Exemption relating to the exercise of freedom penalty consisting in the obligation to remain in the place of permanent residence or in another designated location] to perform the penalty of restriction of liberty consisting in the obligation to remain in the place of permanent residence or in another designated place of a system of electronic surveillance shall not apply the provisions of this chapter, with the exception of article. 53, art. 62 and article. 64A. Chapter X of imprisonment section 1 objectives of execution of punishment Art. 67. [Executing custodial] § 1. The execution of a sentence of imprisonment is to inspire in the prisoners will cooperate in shaping its socially desirable attitudes, in particular a sense of responsibility and the need to respect the legal order and thus refrain from returning to crime.

§ 2. To achieve the objective referred to in paragraph 1 shall be individual effects on convicted in part referred to in the Act run systems in different kinds and types of detention centres.

§ 3. In effect on convicts, with due regard for their rights and require fulfilment of their duties, shall be taken into account first of all work, especially conducive to acquire relevant professional qualifications, teaching, educational and cultural activities and sports, maintaining contacts with the family and the outside world, and therapeutic measures.



Branch 2 prisons Article. 68. [prisons] prisons are subject to the Minister of Justice.

Article. 69. [types of criminal betting] sentence of imprisonment shall be subject to article. 87 § 4, the following types of establishments: 1) prisons for young offenders, 2) prisons for taking a penalty for the first time, 3) prison for repeat offenders in prison, 4) prisons for taking the penalty of military arrest.

Article. 70. [Organization of prisons] § 1. Prisons mentioned in the article. 69 may be organized as: 1) the prisons of closed type, 2) prisons type formative 3) prisons open type.


§ 2. Prisons, referred to in § 1, differ, in particular, the degree of security, isolation of convicts and resulting from their duties and powers in the field of mobility in the plant and outside its boundaries.

Article. 71. [Delegation] the Minister of Justice may, by regulation, to create, in accordance with established in this code the objectives of execution of imprisonment and with established rules for the classification of prisoners, prisons other than those mentioned in article 2. 69, or determine other than specified in art. 81 the execution system of punishment, taking into account in particular the needs for verifying new means and methods of environmental impact of convicts.

Article. 72. [prisons] § 1. Penitentiary Director and extracted the branch may, subject to the Director of the leader.

§ 2. The officers and employees of the prison, where prison stays, and direct its work or in other activities are, in the performance of their duties, superiors of the accused.

§ 3. Prisons can be created as a single or as a distinguished branches of criminal and detention centers. Some plants may have a common administration or dedicated service.

§ 4. The Minister of Justice, by way of interlocutory procedures, creates and removes prisons, with a view to the existing needs.

§ 4a. The Director-General of the prison service, by way of interlocutory procedures, specifies the purpose of the detention centres, in particular taking into account the need to ensure and the rational use of accommodation for all groups of convicts.

§ 5. The Minister of Justice, in consultation with the Minister of national defence, by way of interlocutory procedures, creates and removes prisons for taking the penalty of military arrest, having regard to the existing needs and the need to provide training for military people residing in them.

Article. 73. [the order of the internal prison] § 1. In the prison keeps discipline and order in order to ensure the safety and the performance of the tasks of the prison sentence, including the protection of the public from crime.

§ 2. The Director shall determine the order of the internal prison.

Article. 73A. [monitoring of prison] § 1. Prisons can be monitored by internal picture or sound recording equipment, including CCTV system.

§ 2. Monitoring, to provide the opportunity to observe the behavior of the offender, may be used in particular in residential purposes together with part of the intended for the purposes of sanitary-hygienic, baths, in areas designated for visiting, in places of employment are embedded in passageways, for walking, as well as to observe the criminal site on the outside of the buildings, including the fencing line.

§ 3. Monitored the image or sound may be persisted by using the appropriate equipment.

§ 4. Monitoring and recording sound may not include information covered by the mystery of confession or the mystery of legally protected.

§ 5. CCTV system cameras, installed in the part of the cell is intended for residential purposes of sanitary-hygienic and baths, is passed to the monitors or devices referred to in § 3, in a way that prevents showing intimate parts of the body, condemned and executed by the intimate body functions.

§ 6. Fixed image or sound, which does not contain information indicating a crime or is not relevant for the security of the penitentiary or the safety of the accused, shall be immediately destroyed.

§ 7. If persisted picture or sound is essential for the security of the penitentiary or the safety of the accused, the Director of the prison shall decide during its storage and use.

§ 8. On the application of monitoring in specific locations and areas shall be decided by the Director prison, in order to ensure order and security in the prison.

§ 9. Monitoring the behavior of the accused, as well as the places and spaces in the prison, referred to in paragraph 2, the officers of the prison service and the employees of this establishment.

§ 10. The Minister of Justice shall determine, by regulation, the types of devices and technical means used to transmit, playback and video or audio with monitoring and storing, reproducing and destroying records and making them available to eligible entities, bearing in mind the need for appropriate protection and management persisted video or audio from loss, distortion or unauthorized disclosure.

Article. 74. [change prison] § 1. The change referred to in the judgment of the kind and type of prison, as well as the nature of therapeutic system perform the penalty may decide only the Prison Court, provided that in the event of escape of convicted criminal type up or open or failure of such an establishment after leaving it on the basis of the relevant authorization, the decision to refer the offender to the nature and type of prison Commission prison.

§ 1a. The provision referred to in § 1, shall be entitled to appeal.

§ 2. If after the release of the provisions by the Prison Court relied upon new circumstances justifying the change type and type of prison or a therapeutic system, a decision in this regard, the Commission may take the prison.

§ 3. The decisions of the prison Commission, referred to in § 1 and 2, shall be entitled to the action.

Article. 75. [Commission prison] § 1. In the Prisons Act penitentiary committees.

§ 2. The Commission shall appoint the prison director of prison officers and employees of this establishment. To participate in the work of the Commission, in an advisory, the Director may invite other persons worthy of trust, especially the representatives of associations, foundations, organisations and institutions referred to in article 1. 38 § 1, and churches and other religious societies.

§ 3. Depending on the needs of the prison director may order the contribution of each of the members of the Commission in her prison meeting, using the technical equipment to carry out this action at a distance while the immediate transmission of picture and sound.

Article. 76. [activity Commission prison] § 1. The scope of the Commission's prison: 1) directing the offender to the appropriate prison, if you do not specify this, the Court, in its judgment, 2) directing the offender to a particular system of punishment, if you do not specify this, the Court, in its judgment, 3) determine individual programs impacts on the accused and their evaluations, 4) evaluations periodic progress the offender in rehabilitation, 5) eligibility convicted for teaching in schools and courses, and making decisions about deprivation of the possibility of teaching as far as not covered by compulsory teaching 6) eligibility to convicts, referred to in article 1. 84 § 2, to detention centres for juveniles and convicted, referred to in article 1. 96 § 3, to incarcerated in therapeutic, 7) [1] eligibility of the accused – as posing a serious social threat or a serious threat to the security of the plant and, at least once every 3 months, this decision, 8) verify individual programs impact or individual treatment programmes, as well as steering and rolling back the convicts of the therapeutic, 9) expressing opinions in matters of granting the offender passes, referred to in article 1. 91 paragraph 7 or article. 92 point 9 and the awards referred to in article 1. 138 § 1 paragraph 7 or 8, when they are provided: a) for the first time, b) after a break lasting longer than 6 months, c) after the founding of the significant changes in the legal situation or family sentenced 10) expressing opinions on matters: a) award, referred to in article 1. 138 § 1 paragraph 7 or 8, the offender regarding to the incarcerated in the prison of the closed-end type, b) internal order project prison and change this order, c) communicated to it by the Director, 11) decision on the use by the accused with the rights referred to in article 1. 107 and exemption from work, on the basis of article. 121 § 7, 12) perform other tasks provided for in this Act and the regulations issued on its basis.

§ 2. If the decision of the prison Commission on classification is contrary to the law, about her change or repeal the Prison Court; article. 7 § 5 shall apply mutatis mutandis.

§ 3. In the case referred to in paragraph 2 of the decision of the Commission may also be repealed prison prison service District Director or the Director-General of the prison service.

§ 4. The decisions referred to in paragraph 1, points 1, 2, 6 and 7, entitled action.

Article. 77. [collegial Bodies] § 1. The prison director may appoint other collegial bodies, which may include also people outside the plant.

§ 2. Collegial bodies may undertake tasks associated with the effects of the convicted, especially with the Organization of their employment and preparing to release, and cooperation with institutions, organizations, associations and foundations that provide assistance to prisoners and their families.


Article. 78. [entities performing custodial] § 1. Imprisonment in prison perform the officers of the prison service and the employees of this establishment.

§ 2. The Director-General or the Director of the regional prison service may seem like prisons directors commands necessary for the proper and law-abiding perform custodial and carry out the directions of the work resocjalizacyjnej, as well as evade issued by these decisions conflict with the law.



Branch 3 execution of penalty and the individualization of Art. 79. [obligations of the sentenced to imprisonment] § 1. Sentenced to imprisonment, the Court calls to appear at the scheduled time on remand, located closest to the place of his permanent residence, with a document stating the identity. The Court may recommend to bring the accused to the detention center without a summons.

§ 2. If convicted, though, has not appeared in police custody, the Court recommends it. The costs of bringing the court charges the accused.

§ 3. The transfer of the accused from detention to the competent prison follows the decision of the Commission of classification prison.

§ 4. If found guilty is a soldier, and the court orders bringing it to detention, the obligation to bring the responsibility of the competent authorities.

Article. 79A. [admission to the detention center] § 1. At the detention center condemned it turns out document establishing identity, personal data, informs you about a change in the personal data, place of residence, prior criminal record, State of health, as well as to comply with its obligation to maintenance. Convicted may also be subjected to the operation intended to identify, in particular, of being photographed, first inspected the outside of the body, you have downloaded the fingerprints and the presentation with other people.

§ 2. Prison transfers to deposit documents, money, valuables and other items which may not be in the cell.

Article. 79B. [Put in interim cell] § 1. The accused admitted to detention shall be placed in a cell, the transition period necessary, for no more than 14 days, for having undergone preliminary medical examination, medical treatments and the preliminary research osobopoznawczym and familiarize yourself with the basic legislation relating to the execution of a sentence of imprisonment and the internal order of the detention center.

§ 2. Placed in interim cell does not apply to sentenced transferred from another prison or detention center, where he was already tested and treated, referred to in § 1.

§ 3. The accused shall be informed of the calculated during the execution of the penalty. The adoption of the information to the message condemned confirms by signature.

Article. 80. [the order of execution of penalties] § 1. If the same person was sentenced to several penalties which result in imprisonment, executes them in the order in which they were received to the enforcement of the judgment, which mete out the punishment. Substitute custodial penalty and surrogate custody for nieuiszczoną fine in last place.

§ 1a. A final ruling is performed before the decisions of nieprawomocnymi. Penalties and coercive measures are carried out in the first place.

§ 2. The prison, the judge may order the execution of penalties and measures in a different order than the one specified in § 1, if considerations militate in favour of the penitentiary.

§ 3. In the case of a referral to the enforcement of a decision on the use of detention to the offender, the penalty against another judgment, the order of execution of punishment and detention judge decides the prison.

§ 4. The day on which the execution of the punishment has been started, interrupted for any reason, again taken or completed, shall be rounded up to a full day.

§ 5. If the same person performs several penalties which result in imprisonment, the date of commencement of the execution of the next sentence is the day following the date of termination of the implementation of the previous penalties. On the date of completion of the execution of the previous sentence the offender does not release from prison or detention center.



Article. 80A. [top of the execution of penalties] the beginning of the execution of the punishment shall be counted from the day: 1) the adoption of the offender or ukaranego, who volunteered to serve a penalty, 2) stop the offender or ukaranego, which was brought to the sentence, 3) introduction to the enforcement of the judgment in relation to a person in custody – unless the law provides otherwise.



Article. 80B. [the calculation of the period of execution of the penalty] § 1. The Board established to perform the judgment shall calculate the period of execution of the penalty on the principles set out in this code.

§ 2. A penalty of one day performing on the day it is to begin.

§ 3. The penalty ends on over so many days, how many days is it calculated in accordance with art. 12 c. § 4. The exercise period of punishment, detention or other measure subject to passing on the sentence is calculated based on the number of days on which take place on the actual deprivation of liberty in this period.

§ 5. The same period of time cannot be counted towards the different penalties.

Article. 81. [System perform custodial] penalty involving deprivation of liberty is carried out on the system: 1) programmable, 2) therapeutic, 3).

Article. 82. [classification of convicts] § 1. In order to create an environment conducive to individual proceedings with sentenced, preventing the harmful influence of convicted demoralized and ensuring prisoners personal safety, choosing the right system executing the penalty, the nature and type of prison, and the deployable convicts inside the prison-made their classification.

§ 2. Criminal classification shall be made having regard in particular to: 1) gender, 2) age, 3) prior to make imprisonment, 4) was intentional or nieumyślność, 5) the time remaining to be served a sentence of imprisonment, 6) State of physical and mental health, including the degree of alcohol addiction, of narcotic drugs or psychotropic substances, 7) the degree of demoralisation and social hazards, 8) the type of crime.

§ 3. The basis for the classification are in particular osobopoznawcze.

Article. 83. [psychological offender] § 1. The offender shall be subject to, where necessary, with his consent, psychological tests, as well as the mental institution. The judge may order the prison to carry out tests without the consent of the offender.

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

§ 3. The Minister of Justice, in consultation with the competent Minister for health, by means of regulation, the diagnostic centres referred to in paragraph 2, and shall specify the rules for the organisation and the test conditions in these centres. The regulation will take into account the need for: 1) explanation of the psychological and sociological processes preserve the accused, 2) diagnose any mental disorder offender, 3) determine the potential therapeutic and rehabilitation in order to take the right decision classification and determine the conditions of individual concern on the offender.

Article. 84. [juvenile prison] § 1. In a prison for young offenders are punished convicted who are under 21 years of age; in justified cases, the condemned can be punished in this plant after completing 21 years of age.

§ 2. If this is justified by the needs of the adult, convicted for the first time, with a good attitude, you may, for your consent, be held in a prison for young offenders; It uses with such powers as juvenile.

§ 3. Juvenile, which left at least 6 months to acquire the rights to apply for conditional release or are having difficulties, shall be tested psychological; the provisions of article 4. 83 shall apply mutatis mutandis.

Article. 85. [prison for taking a penalty the first time] in prison for taking a penalty for the first time are also convicted of taking an alternative penalty involving deprivation of liberty, the employment in the same case and sentenced to a penalty involving deprivation of liberty not mentioned in the article. 86. Article. 86. [prison for repeat offenders in prison] § 1. In prison for repeat offenders in prison are punishment for adults convicted of intentional offense to imprisonment or substitute imprisonment and punished for intentional offences punishable by detention or foster custody was already who have previously penalty these penalties or military detention sentence for an intentional offence, unless specific reintegration considerations militate in favour of going to prison for taking a penalty for the first time.

§ 2. In prison, referred to in § 1, the penalty can be convicted as referred to in art. 65 of the criminal code and article. 37 § 1 paragraph 2 and 5 of the criminal code, if the tax support including specific considerations of rehabilitation.

Article. 87. [a prison for women] § 1. Women are imprisonment separately from men.

§ 2. Convicted women takes place in a prison type up, unless the degree of demoralisation or safety considerations militate in favour of the serving of the penalty in prison of another type.

§ 3. A woman pregnant or nursing care is provided.


§ 4. In order to allow the mother in custody to exercise permanent and direct child care organizing at the indicated prisons houses for the mother and the child, where the child can stay on request of the mother to complete three years of age, unless the educational or health reasons, confirmed the opinion of a doctor or a psychologist, militate in favour of the separation of the child from the mother, or for an extension or shortening of the period. Decisions in this regard require court approval. To the mothers in detention having constant and direct child care provision, art. 69 shall not apply.

§ 5. The Minister of Justice shall determine, by regulation, adopt children, mothers deprived of their liberty to homes for the mother and child at the indicated prisons and the detailed rules for the organisation and operation of these facilities, taking into account the situations referred to in § 3-4, as well as the need for security, the proper development of the child.

Article. 87A. [Condemned holding the permanent custody of the children] § 1. By doing the punishment to convicted persons having permanent custody to 15 years, particular account shall be taken of the need to initiate, sustain and strengthen their affective ties with the children, compliance with the maintenance obligations and the provision of material assistance to the children, as well as interaction with educational institutions in which these children are present.

§ 2. Stuck with a permanent custody of the children, who are staying in the education and care-educational, should be interred, if possible in the respective prisons, closest to the place of residence of the children.

Article. 88. [Embedding in a prison type half and closed] § 1. The accused held in system programmable impacts is deposited in a prison type up, unless special circumstances justify the embedding it in the prison of the closed-end type.

§ 2. Sentenced for an offence intentionally or replacement taking place a penalty involving deprivation of liberty or a punishment of detention is deposited in a prison type up, unless particular circumstances militate in favour of embedding it in the prison of another type.

§ 3. [2] in the prison of the closed-end type are: 1) the accused for an offence committed in an organised group or relationship aimed at committing offences, unless special circumstances militate against such embedding, which does not apply to prisoners considered to be posing a serious social threat or a serious threat to the security of the plant, 2) sentenced to life imprisonment or to 25 years of imprisonment 3) convicted of niepsychotycznymi mental disorders, including the accused for an offence referred to in article 1. 197 – 203 of the Penal Code, committed in connection with the disorders of sexual preferences, or mentally, 4) sentenced posing a serious social threat or a serious threat to the security of the plant, 5) sentenced protected under article 17. 88d or of the law of 25 June 1997 on the Crown witness (OJ of 2014.1801).

§ 4. [3] (repealed).

§ 5. [4] (repealed).

§ 5a. [5] (repealed).

§ 5b. [6] (repealed).

§ 6. In prison you can also embed the closed-end type, due to the social risk or threat to the safety of the plant: 1) sentenced for an offence intentionally, the alternative penalty involving deprivation of liberty, the person serving the penalty of detention and convicted women, as well as other convicts whose properties and conditions personal, way of life before committing the crime, behavior after the crime, evaluation of the attitudes and behaviours on remand safety considerations, the establishment or other special circumstances indicate that you need to perform in conditions of increased isolation and security, 2) convicted, that while in police custody or prison violated seriously in discipline and order, 3) sentenced while in prison of open and semi-open type, if the negative assessment of his attitude and behaviour, as well as safety concerns the plant indicate that belongs to him perform punishment in terms of increased isolation and security, 4) the offender, who committed an offence severely harm social, if his attitude and behavior speak for being in prison of the closed-end type.

Article. 88a. [Prison which poses a serious threat to social or a serious threat to the security of the establishment] [7] § 1. For sentenced posing serious social threat or a serious threat to the security of the plant can be considered as the offender, who committed the crime with a very high degree of social harmfulness, in particular: 1) the offence: a) the assassination of:-the independence or integrity of the Republic of Poland, is a constitutional regime or State constitutional authorities of the Republic of Poland, – the life of the President of the Republic of Poland, is a unit of the Polish armed forces, (b)) with particular cruelty, c) taking or holding a hostage or in connection with taking a hostage , d) abduction of ship or aircraft) with the use of firearms, explosives or flammable, 2) during the prior or current detention as a security risk prison or detention in such a way that: (a)) was the organizer or an active participant in the collective instances in prison or police custody, b) has committed a violent attack on a public official or other person employed in a prison or remand , (c)) was the perpetrator of the rape, severe damage to health or harassed over the prisoners, punished or temporarily arrested, d) freed or tried to break free from the prison of the closed-end type, or detention or when escorting outside such an establishment or detention, 3) offence in an organized group or relationship aimed at committing offences, especially because of its Steering Board or a significant role in a group or association.

§ 2. When you make and every verification the decision on recognition of the accused by posing a serious social threat or a serious threat to the security of the plant Commission prison shall take into account: 1) properties and personal conditions of the convicted, 2) motivations and behaviour at the crime and the nature and size of the negative consequences of the crime, 3) the manner of behaviour while in prison, 4) the degree of demoralisation or progress in rehabilitation 5) in the case of the accused for an offence committed in an organised group or connection to committing crimes is a threat to the legal order, that may result from connect to by convicted of illegal contacts with other members of the group, in particular the threat to human life or health or for activities aimed reveal property which is in favor of committing a crime, and the fact that other members of the group or association are on the loose.

§ 3. Convicted of which poses a serious threat to social or a serious threat to the security of the plant takes place in the designated branch office or cell prison type contained in conditions which ensure increased protection of society and the safety of the plant.

§ 4. About embedding the offender within the prescribed branch office or cell prison of the closed-end type shall be notified to the judge of the penitentiary.

§ 5. The offender referred to in the article. 88 § 3 paragraph 5, you can embed, with his consent, in the branch office or cell referred to in § 3.

Article. Forex-Euro. [conditions for incarcerated in the prison of the closed-end type] § 1. In the prison of the closed-end type stuck which poses a serious threat to social or a serious threat to the security of the plant are punished under the following conditions: [8] 1) residential purposes and places and spaces designated for: work, science, walking, visiting, celebration of worship, religious meetings and teaching religion and educational and cultural activities, physical education and Sport shall be equipped with appropriate technical security, 2) residential purposes remain closed 24 hours a day and are more controlled than those in which the detainees are convicted in respect of which no decision referred to in article 1. 76 section 1, paragraph 7, 3) stuck can learn, work, directly participate in worship, religious meetings and science of religion and educational and cultural activities, physical education and sport, only in the Branch Office, in which they are incarcerated, 4) Movement condemned the prison take place reinforced surveillance and is only limited to essential needs, 5) convicts shall be subjected to personal checks every time you exit and return to the goal 6) sentenced a walk takes place in designated places under reinforced surveillance, 7) personal contact representatives of the entities referred to in article 1. 38 § 1 of the sentenced prison director time specifies,


8) view of convicts are held in designated places under reinforced supervision. Convicted may not have available in the presence of the convicted, in respect of which no decision referred to in article 1. 76 section 1, paragraph 7, 9) of vision can be provided in a way that prevents direct contact with visitors, if there is a serious threat to the safety of visitors. Decisions in this matter shall be taken by the Director prison. This does not apply to the persons referred to in art. 8 § 3. However, at the request of these persons shall be available in a way that prevents direct contact with the sentenced. During the visiting stuck can not consume food and drink, 10) sentenced may not bring their own clothing and footwear.

§ 2. [9] the Commission prison can be considered that there is no need to use all of the conditions referred to in § 1, and derogate from one or more of them; provision of art. 88a § 2 shall apply mutatis mutandis. If this is justified by the circumstances, you can restore the conditions from which the departed, or alter their scope.

§ 3. [10] at the request of the accused or his Defender, not more often than once every 3 months, the prison Commission indicates the reason justifying the classification of sentenced as posing a serious social threat or a serious threat to the security of the establishment and the application of the conditions laid down in paragraph 1.

Article. 88c. [monitoring] [11], § 1. The behavior of the offender posing a serious social threat or a serious threat to the security of the plant is subject to constant monitoring.

§ 2. Monitoring is carried out in residential purposes together with part of the intended for the purposes of sanitary-hygienic and in places and areas referred to in article 1. Forex-Euro § 1 point 1. Picture or sound being monitored is perpetuating.



Article. 88d. [the coverage of the sentenced special protection in terms of increased isolation and security] § 1. If, in connection with pending or completed criminal proceedings, in which the condemned is involved or participated in as a suspect, accused, witness or victim, occurred a serious threat or there is a direct concern of a major threat to his life or health, the Director of the prison includes such offender special protection in terms of increased isolation and security, in particular on: 1) control health , 2) providing psychological support, 3) the application of the conditions of the penalties referred to in article 1. 90 7-9.

§ 2. Special protection you can rely also on the application to the offender referred to in § 1:1) conditions of the penalties referred to in article 1. Forex-Euro or 88c, 2) personal protection within the meaning of the Act of 25 June 1997 on the Crown witness (Journal of laws of 2007. # 36, poz. 232, 2009 # 178, poz. 1375 and 2010. # 127, item 857 and Nr 182.1228)-with the consent of the offender.

§ 3. The Director of the prison include offender special protection at the request of the Court before which proceedings are pending criminal proceedings, either the Prosecutor or to supervise the investigation. The application must state the reasons why the coverage of convicted special protection and to indicate its duration, no more than 6 months.

§ 4. The Director of the prison can be sentenced special protection for its reasoned request; the application must state the reasons why the coverage of convicted special protection and to indicate its duration, no more than 6 months. Before taking a decision, the Director of the prison shall consult with the appropriate court or Prosecutor, referred to in § 3, and after criminal proceedings the judge reviews the penal system; until receipt of the opinion, the Director may provisionally apply to sentenced the measures referred to in paragraph 1.

§ 5. In the decision taking the offender special protection, you must specify the date by which protection is expected to take, as well as indicate how implementation of this protection.

§ 6. If after the expiry of the deadline referred to in § 5, still there is a serious threat or there is a direct concern of a major threat to the life or health of the offender, special protection is extended for a further period; the provisions of § 3 and 4 shall apply mutatis mutandis. Decision to extend special protection should be given in a manner protecting the continuity of application of that protection.

§ 7. In the event of cessation of the cause of entry for the sentenced special protection, the Director of the prison, at the request of the Court before which proceedings are pending criminal proceedings, either the Prosecutor or the supervising an investigation, revoke the special protection. In the case of the placing of special protection to his request, the withdrawal of special protection can be effected at the request of the accused or of its own motion, after consultation of the appropriate court or Prosecutor, referred to in § 3, and after criminal proceedings the judge reviews the penal system.

§ 8. The decision on the special protection, as well as the decision to extend or withdraw its application shall be served on the offender.

§ 9. The Director of the prison shall notify the judge of the penitentiary on the offender special protection, its extension or withdrawal.

§ 10. Special protection is also used in the event of the transfer of the sentenced to another prison. The Director of the prison in which the condemned is present, it shall inform the Director of the prison to which the condemned to be moved, taking it to special protection and current how to protect and the reasons for its application. The Director of the prison to which the condemned was taken, shall immediately notify the judge of the penitentiary on the application to the offender of special protection.

§ 11. After criminal proceedings the competent authority for the submission of the Court or the public prosecutor, referred to in § 3 and 7, is judge the prison.

Article. 89. [will move to a facility type up or open] § 1. If the attitude and behavior of the offender for this appeal, moves it from the prison of the closed-end type to plant type up or open.

§ 2. Provision of section 1 shall apply mutatis mutandis to transfer the accused from the plant type up.

§ 3. Sentenced to life imprisonment can be transferred to a prison type up once by him at least 15 years, and to the establishment of the open-ended type-once by him for at least 20 years.

§ 3a. The transfer referred to in § 1, the offender with impaired sexual preferences for an offence referred to in article 1. 197 – 203 of the criminal code, committed in connection with these disorders, requires the consent of the judge of the penitentiary.

§ 4. A negative attitude and behaviour of the offender, as well as safety concerns may cause it to prison type up or closed.

Article. 90. [closed-type prison] in prison of the closed-end type: 1) residential convicts can be opened during the day for a specified period of time, if safety concerns are not ago prevent 2) stuck can be employed outside the prison in the full Windows convoying, 3) cultural-educational and sports and organizes within the prison, 4) Movement condemned the prison is carried out in an organized way and under the supervision of the 5) stuck can bring their own underwear and shoes, and with the authorization of the Director of the prison-also with clothing, 6) condemned can use two see in a month, and with the consent of the Director of the prison use them once, 7) of view condemned prison administration shall be subject to surveillance; criminal conversation during the visiting are subject to review by the administration of the prison, 8) correspondence condemned censorship prison administration, unless the law provides otherwise, 9) phone calls convicted are subject to review by the administration of the prison.

Article. 91. [a prison type up] in prison type half: 1) residential condemned to remain open during the day, but at night can be closed, 2) stuck can be employed outside the prison on a reduced convoying or without case, including on individual workstations, 3) prisoners can be allowed to participate in the teaching, training, and therapeutic activities organised outside the prison 4) stuck can participate in organized by the administration of the off-site group educational and cultural activities of the criminal or sporting, 5) stuck can move in a prison at the time and places set out in the internal order, 6) condemned can bring their own clothing, underwear and footwear, 7) convicted can be granted passes from prison, not more than once per two months, including for a period not exceeding 14 days in a year 8) convicted may use three available in the month that the consent of the Director of the prison can be combined, 9) perspective of the convicted are subject to supervision by the prison administration; criminal conversation during the visiting may be subject to the control of prison administration, 10) criminal correspondence may be subject to censorship, prison administration 11) phone calls may be subject to administrative control of sentenced prison.


Article. 91a. [the right to extra view] in prisons for juveniles of the closed-end type and half convicted have the right to an additional view in the month.

Article. 92. [open type prison] in prison open type: 1) residential condemned to remain open 24 hours a day, 2) convicted employs primarily outside the prison, without case, on individual workstations, 3) prisoners can be allowed to participate in the teaching, training, and therapeutic activities organised outside the prison, 4) stuck can take part in organised by the Administration , outside the prison, educational and cultural activities group or sports, 5) prisoners may be allowed to participate in the activities and events of cultural-educational or sports organised outside the prison, 6) condemned can move in a prison at the time and places set out in the internal order, 7) convicted may bring their own clothing, underwear and footwear, 8) convicted may receive from deposit prison money remaining available to them , 9) prisoners may be granted passes from prison, not more often than once a month, including for a period not exceeding 28 days a year, 10) sentenced may use an unlimited number of see 11) perspective of the convicted may be subject to the supervision of the administration of the prison. Criminal conversation during the visiting are not under the control of the Administration prison, 12) prisoners, as far as possible, create the conditions for the preparation of additional meals on their own, 13) correspondence of convicts is not subject to censorship, prison administration 14) phone calls convicts are not under the control of the Administration prison.

Article. 93. [Passes] To Passcards referred to in article 1. 91 paragraph 7 and article. 92 point (9) shall apply mutatis mutandis the provisions of art. 139 § 1, 2, 5, 7 and 8 and article. 140. Article. 94. [Punishment of military detention] sentenced to military custody takes place in a prison of the open-ended type unless special considerations militate in favour of the need to embed the offender in prison of another type.

Article. 95. [System programmable effects] § 1. On the impact of the penalty are sentenced juveniles and convicted adults, who after the presentation of the impact project agree to participation in its development and implementation.

§ 2. The impact of the programmes shall be determined in particular types of employment and teaching convicts, their contacts primarily with family and other loved ones, use of time off, opportunities to comply with the obligations incumbent on them obligations and other projects necessary for the preparation of prisoners to return to society.

§ 3. Executing programs impact is periodical; These programs are subject to change.

§ 4. If you are overriding the conditions of article 81(3). 96, the accused is transferred to the holding penalty on therapeutic. Sentenced adult moves to incarcerated on a regular, if it does not comply with the requirements set in the programme.

Article. 96. [therapeutic] § 1. The therapeutic system takes the punishment stuck with niepsychotycznymi mental disorders, including convicted of an offence referred to in article 1. 197 – 203 of the Penal Code, committed in connection with the disorders of sexual preferences, mentally retarded, and addicted to alcohol or other drugs or psychotropic substances and convicted disabled physically-demanding interaction specialist, especially psychological care, medical treatment or rehabilitation.

§ 2. (repealed).

§ 3. If you argue in favour of this therapeutic considerations and, in the therapeutic ward may be punished other doomed, with their consent.

§ 4. Imprisonment in the therapeutic system performs primarily in the therapeutic ward at a specific specialization.

Article. 97. [Executing penalties on therapeutic] § 1. By following a penalty on the therapeutic, account shall be taken in the proceedings of the sentenced persons, in particular, the need to prevent the aggravation of pathological personality traits, restore mental balance and social intercourse ability and preparation for independent life.

§ 2. The execution of penalties adapted to the needs for treatment, employment, teaching and higienicznosanitarnych requirements. If health considerations so require, be organised employment in sheltered employment conditions.

§ 3. Convicts, who no longer require specialist impact referred to in article 2. 96, moves to the appropriate execution system of punishment.

Article. 98. [the possibility of employment by convicted] on ordinary convicted may use available in prison employment, teaching and educational and cultural activities and sports.

Article. 99. [Executing penalties on ordinary] § 1. The alternative penalty involving deprivation of liberty is carried out in the ordinary, as far as possible in isolation from other prisoners unless specific reasons argue in favour of referring the accused to another system.

§ 2. Punished punishable by detention sentence imposed for a misdemeanor or penalties, the police and the people to which the coercive measures resulting in the deprivation of liberty, are held separately from convicted in ordinary, unless specific reasons argue in favour of referring to another system.

§ 3. If the accused is executed sequentially imprisonment, then the penalty imposed for an offence or penalty or coercive measure ordinal resulting in the deprivation of liberty, is at run time this penalty or measure condemned remains in such a system, the execution of the sentence, to which he was assigned at the time of imprisonment.

Article. 100. [sentence] § 1. Prison is the penalty to the right due to the nature of the type, the system will perform the punishment or prison. The transfer of the convicted person to another competent prison may occur, especially in the case of: 1) the conversion of prison or in order to ensure that the conditions referred to in article 1. 110 § 2, 2) employment or study, 3) provide health benefits, 4) [12] refer to the diagnostic, therapeutic or branch the branch for people posing a serious social threat or a serious threat to the safety of detention or prison, 5) participate in procedural, 6) important family, 7) reasons related to the safety of the accused, 8) the need to ensure order and security at the plant.

§ 2. The Director-General of the prison service shall determine the place of imprisonment for the accused protected under the Act of 25 June 1997 on the Crown witness.



Division 4 rights and obligations of convicted Art. 101. [information on the rights and obligations of the accused] Sentenced after embedding in a prison shall without delay be informed of your rights and obligations on the obligations and of the consequences resulting from the article. 139 § 1 of the code of criminal procedure and, in particular, to enable it to become acquainted with the provisions of this code and the rules of procedure of the organizational and ordinal performing custodial, and undergo appropriate medical examination and sanitary treatments.

Article. 102. [Powers condemned] Sentenced has the right in particular to: 1) proper due to the behavior of the Health Board, clothing, living conditions, and health and hygiene conditions, 2) maintain ties with family and other loved ones, 3) for religious freedom, 4) receiving employment-related remuneration and social security to the extent provided in separate regulations, as well as help in obtaining benefits, invalidity 5) education and self-education and creativity on its own, and with the consent of the Director of the prison to manufacture and dispose of items made, 6) the use of facilities and educational and cultural activities and sports, radio, television, books and newspapers, 7) to communicate with the advocate, Attorney, a probation officer and the chosen representative, referred to in article 2. 42, 8) to communicate with the parties referred to in article 1. 38 § 1, 9) reading the opinions drawn up by the administration of the prison, which are the basis for decisions to him the decision, 10) for the submission of applications, complaints and requests to the competent authority for their consideration and presentation of them, in the absence of other people, prison administration, managers of the organizational units of the prison service, judge penitencjarnemu, the Prosecutor and the Ombudsman, 11) conduct correspondence with law enforcement, criminal justice and other State bodies , local government bodies, the Ombudsman, the children's Ombudsman and the authorities relied on the basis of the Republic of Poland has ratified international agreements relating to the protection of human rights.

Article. 103. [Permission to complain] Convicted have the right to complain to the bodies established on the basis of the Republic of Poland has ratified international agreements relating to the protection of human rights.


Article. 104. [the ratings] Use by the accused of his rights should be in a way that does not infringe the rights of others and does not distort the established in the prison order.

Article. 105. [Maintaining ties with loved ones] § 1. The offender must enable maintaining links, above all with family and other loved ones by vision, correspondence, telephone conversations, parcels and money orders, and in justified cases, with the agreement of the Director of the prison, by other means of communication, and to facilitate contacts with the entities referred to in article 1. 38 § 1.

§ 2. Convicted of an alien may lead a correspondence with the competent consular office or, in the absence of such Office-with the competent diplomatic representation, and the visiting of the consular officer or performing consular employee diplomatic.

§ 3. The scope and manner of the contacts referred to in § 1 and 2, in particular the supervision of visions, censorship of correspondence, conversations in the course of visiting and telephone, are dependent on the nature and type of prison, where prison is the penalty, as well as the requirements of individual concern, with the exception of the right to receive packages.

§ 4. The Director of the prison shall take decisions on detention of correspondence in the prisons of closed type and half open, and in the prisons of type half also censor correspondence and monitor conversations in the course of visiting and telephone conversations except in the cases referred to in article 1. 8 § 3 and article. 8A § 2 and 3, if required by the security establishment or public order by notifying the judge of the penitentiary and sentenced. The Director of the prison may permit the transfer of the offender an important message contained in custody.

§ 5. Included in the personal file copies of correspondence from her ocenzurowaniem and mail custody does not provide the offender.

§ 6. The Director of the prison shall take decisions on detention received and sent by the convicted or their destruction, if required by the security establishment or public order by notifying the judge of the penitentiary and sentenced. The destruction of packages is done on the basis of separate provisions.

§ 7. Convicted of an written receipt in prison sent through his official correspondence. The envelope shall be stamp with the name of the prison, and notes the date of its receipt.

Article. 105a. [Vision] § 1. Vision takes 60 minutes. On the same day the offender shall be granted only one view, subject to article 22. 90, paragraph 6 and article. 91 paragraph 8.

§ 2. In a vision can participate not more than two adults, unless the Director of the prison, in justified cases, agree on the participation of more people. The number of minors not subject to restriction. Minors may make use of the available only under the supervision of adults.

§ 3. Convicted, referred to in article 1. 87A, have the right to an additional view of the children.

§ 4. Vision with a person who is not a member of the family or another person close to the convicted could receive with the authorization of the Director of the prison.

§ 5. Vision takes place under the supervision of an official, in a way that allows direct contact with the offender of the visitor, with a separate table.

§ 6. At the time of view allows for the consumption of food and drink purchased by visitors in prison. Food and beverages, which are not consumed at the time of the vision, be communicated to the visitor.

§ 7. In the event of a breach by the accused or a person visiting it established rules of perspective, it may be interrupted or terminated ahead of time.

§ 8. Detailed terms and conditions of the visiting Director of the prison shall, by means of a notice, in a place accessible to visitors.

§ 9. Restrictions arising from § 1, 2 and 5 shall not apply to the visiting sentenced persons referred to in article 5. 8 § 3 and article. 105 section 2.

Article. 105b. [using samoinkasującego telephone] § 1. Condemned have the right to use the samoinkasującego telephone at his own expense or at the expense of the caller.

§ 2. In justified cases, the Director of the prison may allow the offender to use other than specified in § 1, the camera at the expense of the Subscriber or the offender, and if convicted, does not have the cash at the expense of the prison.

§ 3. In cases of threats to public order or security risks the plant manager of the prison term could deprive the offender of the powers referred to in § 1.

Article. 106. [using religious freedom] § 1. Condemned have the right to exercise religious practices and the use of religious ministries and direct participation in church services admitted in prison on holidays and listening services transmitted by the mass media, as well as to have necessary for this purpose, the books, writings and objects.

§ 2. Convicted has the right to take part in a prison teaching religion, participate in charity and the Church's social or other relationship of religion, as well as individual meetings with clerics of the Church or other connection of religion, to which it belongs; clergy may visit convicts in rooms where they are staying.

§ 3. The use of religious freedom may not violate the principles of tolerance, or interfere with the established order in the prison.

§ 4. The Minister of Justice, after consultation with the relevant authorities the clergy of churches and other religious societies, shall determine, by regulation, detailed rules for the implementation of the religious practices and the use of religious ministries in prisons and prisons, with a view to the need to ensure the conditions for individual and collective participation of people embedded in these establishments and detention centres in services and meetings.

Article. 107. [to make the penalty for a crime committed with a political motivation] § 1. Convicted of an offence committed with the motivation political, religious or ideological beliefs are held in isolation from the penalty sentenced for other offences; have the right to use their own clothing, underwear and footwear, and are not subject to the work.

§ 2. The powers referred to in § 1, do not use convicted of violent offences.

Article. 108. [personal safety convicted] § 1. Prison administration is required to take appropriate measures to ensure the personal safety of prisoners at the time of the penalty.

§ 2. Is obliged to inform immediately the superior about the threats to his personal safety and avoid these threats.

Article. 109. [Meals] § 1. Sentenced in prison or police custody receives three times a day drink and food of sufficient nutritional value, including at least one hot meal, on the basis of the type of work performed and the age of the offender, and, where possible, also religious and cultural requirements. Convicted, whose state of health so requires, receive food according to the doctor.

§ 2. Convicted who are outside or custodians of investigators, which is involved in particular in legal proceedings or other activities requiring escorting, and which technical or organisational reasons, you cannot issue a hot meal, especially in the absence of the possibility of a meal in the time agreed in the order of internal force in prison or police custody, receives the Board in the form of a packed lunch with adequate nutrition and drink taking into account the age of the offender, and, where possible, also religious and cultural requirements. Convicted, whose state of health so requires, receive meals in the form of a packed lunch as indicated by your doctor.

§ 3. The Minister of Justice shall determine, by regulation, types of food and beverages spent embedded in the prisons and prisons, their nutritional value and energy, as well as the minimum daily cost of food and drinks, taking into account the age, the State of health of the embedded object and the type of work being performed by, the need to ensure food and drinks embedded adopted to prison or detention and them leaving and staying outside the penitentiary or arrest investigators , and whereas the need to ensure vegetable and fruit during the day.

Article. 110. [Objectives] § 1. The offender is deposited in cell residential single-player or multiplayer.

§ 2. The surface of the cell, on the offender, shall be not less than 3 m2. The objectives shall be equipped with suitable equipment kwaterunkowy for consisted of separate sleeping place, the relevant hygiene conditions, a sufficient air supply and appropriate to the seasons of the year, according to the standards laid down for the living quarters, as well as lighting adequate for reading and work.


§ 2a. The Director of the prison or detention may place the offender for a limited period of not more than 90 days, in the terms referred to in paragraph 2, second sentence, in a cell, in which the area per offender is less than 3 m2, no less than 2 m2, if: 1) the introduction of martial law, emergency or natural disaster, or at the time of their duration, 2) in the position of prison or detention emergency epidemiological or the State of the epidemic or an instance in the establishment prison or remand of emergency epidemiological or the State of the epidemic – having regard to the degree of risk to the life and health;

3) the need to prevent the occurrence of another event which is a direct threat to the safety of the offender or the safety of prison or detention or prevent the effects of such an event.

§ 2b. The Director of the prison or detention may place the offender for a specified period of not more than 14 days, in the terms referred to in paragraph 2, second sentence, in a cell, in which the area per offender is less than 3 m2, not less than 2 m 2, if it is necessary to immediately put in prison or police custody without places for residential : 1) sentenced to imprisonment exceeding 2 years 2) offender referred to in article 1. 64 § 1 or 2, and art. 65 of the criminal code, 3) sentenced for an offence referred to in article 1. 197 – 203 of the criminal code, 4) the offender, which arbitrarily released from serving a prison sentence, 5) offender, that using the permit temporarily leave prison or detention center, did not return within the prescribed time limit, 6) carried on the order of the Court or the Prosecutor from another prison or detention, in order to participate in the hearing or other legal proceedings, 7) persons temporarily arrested , by suffering the penalty of ordinal or that uses other coercive measures resulting in the deprivation of liberty.

§ 2 c. The period referred to in § 2b may be extended only with the consent of the judge of the penitentiary. The total period of the placement of the offender under the conditions laid down in § 2b must not exceed 28 days.

§ 2d. By issuing a decision on the basis of § 2a-2 c, you must minimize the risk of deterioration of the conditions for the implementation of a sentence of imprisonment and detention and tend to quickly put in a cell, referred to in § 2.

section 2e. In a decision issued on the basis of § 2a-2 c, you must specify the time and the reason for placing the accused in circumstances in which a surface in a residential cell per offender is less than 3 m2, and also mark the date by which condemned in these conditions.

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

§ 2 g. Decision has been sentenced under the conditions specified in § 2a-2 c should be immediately repealed if no longer the reason for which it was issued.

§ 2 h. In the cases provided for in § 2b and 2 c ensure consisted of daily walks, longer for half an hour and the use of educational and cultural activities or activities from the scope of the physical culture and sport.

§ 2i. The provisions of § 2b or 2 c can be applied to the same offender not earlier than after the expiry of 180 days from the date of the end of the period, for which there has been previous placing in the conditions therein.

§ 3. Sanitation in the prison type up and open source may be located outside the housing objectives.

§ 4. When placing the accused in a cell residential area takes into account, in particular: 1) the decision of the classification, 2) need to separate the offender from temporarily arrested, 3) need to ensure order and security in the prison, 4) the recommendations of the medical, psychological and rehabilitation, 5) the need to shape the right atmosphere among the convicted, 6) the need to prevent samoagresji and the Commission of the crimes while incarcerated.

§ 5. The Minister of Justice shall determine, by regulation, procedures of the competent authorities in the case, when the number of inmates in prisons or prisons exceed nationally overall capacity of these establishments, in particular, the procedure of the Director-General of the prison service, regional directors and directors of prisons or detention centers of inquiry regarding notification of response capacity, respectively, on a national scale, the area of the District of the Inspectorate and the prison or detention center procedure, the directors of prisons and detention centers of inquiry in organizing additional objective, as well as the procedures of Court Presidents and heads of organizational units of the public prosecutor's Office in the case of the overpopulation of prisons or detention centers of inquiry over a fixed capacity on a national scale, taking into account the need for humane treatment of prisoners, with respect for their human dignity.

Article. 110a. [Objects held in a cell] § 1. Condemned have the right to have in his cell documents related to the investigation, which is a participant in the food, weighing not more than 6 kg, tobacco products, personal hygiene measures, personal, watch list and photographs of family members and other relatives, religious items, stationery, personal notes, books, newspapers and games świetlicowe.

§ 2. The Director of the prison may allow the offender to have in his cell audio-visual equipment, computer and other items, including raising the aesthetics of the room or the expression of the cultural interests of the offender, if the possession of these items does not violate the principles of order and security in the prison.

§ 3. Convicted may not hold in the cell or transfer the deposit during your stay in prison items whose dimensions or quantity infringe the applicable order or make it difficult for guidance. These items shall be sent, at the expense of the convicted person, designated by the person, institution or organization. In a legitimate case, these items can be sent at the expense of the prison.

§ 4. Convicted may not have, in addition, means of communication, and the objects and documents that may pose a threat to the order or safety in prison.

Article. 111. [Clothing], § 1. Condemned to use, from prison, corresponding to the seasons clothing, underwear and footwear, unless it uses its own. The offender provides the conditions necessary to maintain personal hygiene, in particular he shall receive from the prison and other measures to maintain hygiene and cleanliness in the cell.

§ 2. At the time of the procedural acts, transport and in other justified cases, convicted uses its own clothing, underwear and footwear, unless they are inappropriate due to the season or destroyed or if the appeal against it for security reasons.

Article. 112. [Permission to relax] § 1. Convicted uses necessary for the health, in particular the right to at least one hour and 8-hour sleep time within 24 hours. Convicted, referred to in article 1. 87 § 3 and 4, has the right to use a longer walk.

§ 2. In the event of a breach by the offender of the established way of walking, walk can be completed ahead of time.

§ 3. The offender is not entitled to walk: 1) in the course of escorting, 2) on where is konwojowany, if the escort started no later than 800 and completed not earlier than 1600.

§ 4. If on a given day sentenced does not use the walk with the causes referred to in § 3, paragraph 2, should be granted an additional walk within the next 7 days.

Article. 113. [cash sentenced] § 1. Prison transfers to deposit cash and valuables held in prison. Money left in escrow shall not be subject to the interest rate.

§ 2. There the accused remain cash remaining after to ensure compliance with the obligations incumbent on it under execution and after the collection of the measures referred to in article 1. 126 § 1.

§ 3. Cash and cash equivalents referred to in § 2, the convicted may pass to the bank account, savings book or leave a deposit.

§ 4. At the written request of the accused seems to him to deposit valuables unattended during enforcement proceedings and if it does not interfere with the established in the prison order and does not violate the rights of others.

§ 5. At the written request of the accused and at his expense shall be cash and valuables remaining at its disposal for the benefit of the designated by the persons, institutions and organisations; in justified cases, the costs of the transfer may cover up prison.

§ 6. Free of executions are: 1) the assistance granted to the offender by the Director of the prison, 2) cash granted the offender from the measures referred to in article 1. 136A § 1, 3) money paid on account of the fine, which was converted into the alternative penalty involving deprivation of liberty or a substitute punishment of custody,


4) money received by the convicted person in any given month, amounting to 10% of the average monthly salary of workers, insofar as the provisions of this Act does not provide otherwise.

§ 7. In the case of a permit temporarily leave by the offender of the prison or to give him a pass, at his written request, shall make payment to the cash at its disposal.

Article. 113A. [purchase foodstuffs and tobacco products] § 1. Condemned have the right to at least three times a month to make purchases of food and tobacco products and other articles allowed for sale in the prison, for cash remaining at its disposal in the deposit. Convicted, referred to in article 1. 87 § 3 and 4, has the right to make additional purchases of food.

§ 2. The offender to make first purchase no later than the third working day after the adoption of the prison.

§ 3. Convicted has the right to receive a monthly food package, which includes food or tobacco products purchased through the prison. Convicted of an package food after the order in writing and defray the cost of preparing the package. The order may also be made by the person nearest.

§ 4. Convicted may, with the permission of the Director of the prison, receive a package of necessary him clothing, lingerie, shoes and other items of personal use and hygiene, and after receiving a favourable opinion from the doctor-also with drugs; medication is carried out on the principles laid down by the doctor.

§ 5. Packages are subject to control in the presence of the accused. Packages cannot be delivered articles whose check is impossible without prejudice substantially their substance, as well as articles in packages that impede the control of their content, as well as the items referred to in article 1. 110a § 4.

§ 6. Food, recognized by the doctor or other authorized person exercising the profession of medical subject for persons deprived of their liberty, unfit for human consumption shall be destroyed in the presence of the accused.

§ 7. The Director of the prison may, at the request of or in consultation with a doctor, allow the offender, because of his health, to make additional purchases of foodstuffs and more frequent to receive packages.

Article. 114. [jobseeker's allowance shall be granted to convicted] the offender who is not earning opportunities and does not have the necessary resources, the Director of the prison may grant a monthly allowance of up to 1/10 of an average monthly salary of workers.

Article. 115. [health services] § 1. The offender provides free health services, medicines and sanitary articles.

§ 1a. Offender convenes a penalty involving deprivation of liberty shall not be entitled to the right to choose a doctor, referred to in article 2. 55 paragraph 1. 2A of the Act of 27 August 2004 about health care benefits financed from public funds (Journal of laws 2008 No. 164, item. 1027, as amended), primary care nurses, healthcare providers providing outpatient healthcare, dental and hospital, referred to in the Act of 27 August 2004 about health care benefits financed from public funds.

§ 2. Prostheses, orthopaedic and AIDS provides free the offender, if their absence could worsen the State of health or prevent the holding of a sentence of imprisonment, and in other cases for a fee.

§ 3. The Minister of Justice, in consultation with the competent Minister for health, shall determine, by regulation, conditions and manner of sourcing people embedded in prisons and prisons in prostheses, orthopaedic and AIDS provided to persons free of charge, as well as the conditions of remuneration in cases where the conditions are not met to obtain them free of charge, with a view to protecting the health of people is embedded in the prisons and prisons and their earning potential and the correctness of the execution of detention and penalties and coercive measures resulting in a deprivation of liberty, as well as the normal functioning in the conditions of prison isolation.

§ 4. Health services provided consisted of mainly medicinal entities for persons deprived of their liberty.

§ 5. Medicinal entities other than parties, referred to in § 4, interact with these stakeholders, ensuring the prisoners health, when it is necessary in particular: 1) the immediate granting health benefits because of the danger to life or health of the accused, 2) to carry out research, treatment or rehabilitation of the offender, 3) to provide the health benefits of the offender, that uses a pass or temporary permission to leave the prison.

§ 6. In particularly justified cases, the Director of the prison, after consulting the doctor prison, may allow the offender, at his expense, to treatment by selected by him, another doctor, an entity other than specified in § 4, and the use of additional drugs and other medical products.

§ 7. (repealed).

§ 7a. The offender referred to in the article. 88 § 3 and 6 of paragraph 2, health benefits are granted in the presence of the officer niewykonującego medical profession. At the request of the person granting health benefits health benefits can be granted the offender without the presence of officer niewykonującego medical profession.

§ 7b. Provision of § 7a shall apply mutatis mutandis where a health benefit shall be granted inflicts convenes a penalty involving deprivation of liberty in the prison of the closed-end type outside of this establishment.

§ 8. Offender other than specified in § 7a health benefits may be provided in the presence of the officer niewykonującego medical profession at the request of the person granting health benefits, if this is necessary to ensure its security.

§ 9. The Minister of Justice in consultation with the competent Minister for health shall determine, by regulation, the detailed conditions, scope and mode of the provision of health services by medical bodies for persons deprived of freedom, bearing in mind the need to ensure that persons deprived of liberty healthcare benefits also by other entities performing activities, if the provision of such benefits by treatment for persons deprived of freedom is not possible , in particular because of a lack of equipment, plants and detention centers of inquiry in the specialized medical equipment.

§ 10. Minister of Justice and the competent minister in charge of health shall determine, by regulation, the detailed conditions, scope and mode of interaction of medical entities of the parties, referred to in § 4, in providing health services to persons deprived of freedom, when it is necessary, in particular, the immediate granting of health benefits because of the danger to life or health of persons in custody, to carry out special studies, treatment or rehabilitation of persons in custody as well as providing health benefits to the person in custody that uses a pass or temporary permission to leave the prison or detention center.

Article. 115A. [a certificate to justify failure by] section 1. The person deprived of liberty, in the event of sickness which makes it impossible to appear in the proceedings conducted by the Court or authority conducting the criminal proceedings, on the basis of the code of criminal procedure, in which the presence of the person in custody was mandatory, or if she had asked for admission to the steps, being entitled to take part in it or by the Court, on the basis of the code of civil procedure, a certificate to justify the failure to issue doctor entity referred to in art. 115 § 4.

§ 2. The Minister of Justice, in consultation with the competent Minister for health, shall determine, by regulation, issue a certificate confirming the ability or inability of the appearance of the person in custody in the case of the disease in the summons or notice to the Court or authority conducting the criminal proceedings and the manner of service of the certificate to the Court or the authority conducting the criminal proceedings, bearing in mind the need to ensure the proper course of the procedure, and having regard to the specific nature of health care in terms of prison isolation.

Article. 116. [obligation to comply with the rules in prison] § 1. Convicted has the obligation to comply with the rules and policies for the execution mode of the penalty established in the prison order and execute commands of superiors and other authorized persons, and in particular: 1) the correct behaviour, 2) observance of personal hygiene and the cleanliness of the premises, where he stays, 2a) prompt notice of the superior's own disease and noticed signs of illness in another offender,


3) surrender – regardless of the obligations laid down in the provisions on combating infectious diseases, venereal and tuberculosis, alcoholism and drug addiction – provided the provisions of the research, treatment, medical treatments, health and rehabilitation, and also tested for the presence of alcohol in the body, of narcotic drugs or psychotropic substances, and sentenced to the prison the judge ordered psychological tests or psychiatric, in addition – the award to leading research health information , diseases and injuries and the circumstances in which he grew up, and ordered by a psychiatrist or psychologist actions necessary for studies, 4) perform the work, if the special provisions, also under international law, does not provide for an exemption from this obligation, and the execution of the work in the prison, 5) attention to property prison and institution or trader, in which he is employed 6) to submit to an operation intended to identify people.

§ 2. In cases of justified on grounds of safety order or convicted is subject to personal checks. For the same reasons, it shall be also targets and other spaces in which the condemned is present in these items, and the items he provided or submitted by you to any other person. Control of cell and other rooms shall be carried out in the absence of the convicted.

§ 3. Personal check is the inspection of the body and the subject of clothing, underwear and footwear, as well as items owned by the offender. Visual inspection of the body and the clothing and footwear shall be carried out in a room in the absence of the party and the people of the opposite sex and are made through the person of the same sex.

§ 4. The check may be carried out at any time. If necessary, it is permissible for a breach of warranty seals and damage of controlled items to the extent necessary.

§ 5. Found during the inspection items, which the convicted may not hold, shall be stopped, and the items, which the owner is established shall be deposited or shall be at the expense of the convicted person, designated by the person, institution or organization. In a legitimate case, these items can be sent at the expense of the prison. Articles and notes, which the owner has not been determined, shall be destroyed, and the money and valuables shall be forwarded to the Treasury or to the help postpenitencjarną.

§ 5a. In cases of justified on grounds of medical or the need to ensure the safety of the offender's behavior may be subject to monitoring. Picture or sound being monitored is perpetuating.

§ 6. Decisions in the cases referred to in § 4-5a, take the plant manager. With the destruction of items and notes, and money and valuables shall be drawn up.

Article. 116A. [Prohibitions] the offender must not: 1) participate in groups organized without the consent or knowledge of the competent superior, 2) use words or phrases commonly deemed vulgar or abusive or Podhale dialect of criminals, 3) enjoy gambling, 4) consume alcohol and use of narcotic drugs or psychotropic substances, 5) deny the admission of food provided by the prison administration to enforce a specific decision or conduct , and cause injury or health disorder at home, as well as encourage or assist in making such acts, 6) do tattoos and allow them to perform, as well as encourage or assist in making such acts, 7) to communicate with the knowledge of others and embedded in another cell, if it would violate this fixed in a prison order, 8) arbitrarily change a cell residential , the place designated for sleeping, workstations and space to perform requested actions, 9) change the external appearance to obstruct the identification, in particular by shaving or growing by the offender of the hair, beard or moustache or change their color, unless you get permission of the Director of the prison.



Article. 116B. [Examination for the presence of alcohol, narcotic or psychotropic substances within the body condemned] § 1. The test to determine the body condemned the presence of alcohol, narcotic or psychotropic substances shall be carried out using methods that do not require laboratory testing.

§ 2. Review of the tests referred to in § 1, made using methods that do not require laboratory tests, may take place by means of laboratory tests.

§ 3. The Minister of Justice shall determine, by regulation, how to test for the presence of alcohol, narcotic drugs or psychotropic substances in the body, condemned, their documentation and verification, bearing in mind the need to ensure the smooth conduct of tests and to guarantee the reliability of their results.

Article. 117. [treatment of addictions] Sentenced, found alcohol addiction or of narcotic drugs or psychotropic substances, as well as the accused for an offence referred to in article 1. 197 – 203 of the Penal Code committed in connection with the disorders of sexual preferences are, with his consent, appropriate treatment and rehabilitation; If you do not agree with the application of the treatment or rehabilitation of the Prison Court.

Article. 118. [life in connection with the performance of the penalty] § 1. If the execution of the prison sentence can be life-threatening or cause the offender for his health serious danger, Director of the prison, at the request of the doctor, it shall immediately so inform the judge of the penitentiary.

§ 2. In the case where the life of the accused threatens to serious danger, identified at least by two doctors, you can make the necessary medical treatment, including surgery, even despite the opposition of the offender.

§ 3. In the case of opposition condemned the treatment the Prison Court has been completed. On order of the Court shall be entitled to appeal.

§ 4. In an emergency, if there is a direct danger of death sentenced, about having the procedure determines the doctor.

Article. 119. [costs of treatment] § 1. Convicted, that in order to enforce a particular decisions or proceedings of the executive body or evade their obligation to cause myself injury or incapacitating, regardless of disciplinary responsibility, may be charged in whole or in part the costs of treatment.

§ 2. To charge the costs referred to in § 1, the Prison Court. On order of the Court shall be entitled to appeal.

Article. 120. [obligation to compensate for damage] § 1. In the event of a cause by the accused with his fault for damage to the property of the prison, not exceeding twice the amount of the average monthly wage of employees, the Manager of this establishment may require the offender to repair this damage by payment of the corresponding amount of money; the decision of the Director and the reasons for it shall be served on the person concerned.

§ 2. The offender shall be entitled, within 30 days of receipt of a decision of the Director, an action for the determination of that claim does not exist in whole or in part.

§ 3. Download the following duties as provided for in the provisions of the enforcement proceedings in administration.



Branch 5 Employment Article. 121. [Employment sentenced] § 1. The offender shall be ensured as far as possible the provision of work.

§ 2. Offender employed based on referrals to work or to the offender performing work under a contract of employment, contract, contract work, a job-processing contract or other legal basis.

§ 3. Employment is convicted with the consent of and under the conditions laid down by the Director of the prison, to ensure the correct operation of a custodial sentence.

§ 4. Non-compliance by the convicted person or entity referred to in the conditions of employment, as determined by the Director of the prison, is the basis for the withdrawal of consent. On the withdrawal of consent shall be in writing and the convicted person referred to.

§ 5. The Director of the prison may revoke consent to the employment of sentenced or the exercise by him of gainful employment for reasons connected with the operation of the prison, and especially of its security. On the withdrawal of consent shall be in writing and the employing entity convicted.

§ 6. The ability of the offender to work and, if necessary, the nature, conditions and working time is set by your doctor.

§ 7. With the performance of work, you can release the offender of the trainee or other important reasons.

§ 8. In relation to convicts working in the field of unregulated in this code, the provisions of labour law.

§ 9. In relation to convicted persons employed on the basis of a referral to work does not apply labour laws, with the exception of the provisions relating to working time and safety and health at work.

§ 10. Sentenced to life imprisonment serving sentence in prison of closed type can perform work only in prison.


Article. 122. [to work] § 1. When driving to work is taken into account as far as possible, profession, education, interests, and personal needs of the offender. If the accused employed based on referrals to work, employment in health requires his prior written consent.

§ 2. Job offers mainly convicted liable to maintenance, as well as having a particularly difficult financial situation, personal, or family.

Article. 122A. [the obligations related to the provision of work], § 1. The accused tells about how to perform the assigned work, trains in terms of the provisions of health and safety at work, fire regulations and operate machinery and equipment, and also acquaints with the basic principles and standards of work and remuneration for their work.

§ 2. Convicted shall work diligently and efficiently, comply with discipline and staff rules, regulations, fire-fighting and safety and health at work, as well as take care of order in the place of work, as well as the status of supported machines and equipment.

Article. 123. [salary] § 1. Work the offender is paid, subject to article 8. 123A. remuneration Policies for the work shall be determined in the agreement to be concluded by the Director of the prison or in a contract concluded by the offender. When to refer the offender to the work of the administrative order in the prison, the salary shall be the Manager of this establishment.

§ 2. Remuneration rights offender employed on a full-time basis shall be determined in such a way as to reach at least the minimum wage determined on the basis of separate provisions, by working for the full monthly working time or perform a full monthly labour standards. In the case of the recasting of the incomplete monthly working time standards, or failure to complete monthly labour remuneration shall be paid in proportion to the quantity of working time or done standards work. If the offender employment in part-time work, the lowest salary is determined in amount proportionate to the number of hours of employment, taking as a basis the minimum remuneration for work.

§ 3. Offender compensation shall be granted only for work done, subject to § 4.

§ 4. The offender shall be entitled to compensation for non-time work only when he was ready for its implementation, and suffered obstacles for reasons related to the subject's employer.

§ 5. The subject can downtime be entrusted, with the consent of the offender of the Director of the prison, other appropriate work, that are entitled to the compensation provided for by this work.

§ 6. The offender shall be entitled to compensation for downtime caused by weather conditions only when so is an agreement or contract referred to in § 1.

Article. 123A. [Works free of charge] § 1. For cleaning and minor performed at the benefit of the organizational units of the prison service or work order to local governments, in a dimension not exceeding 90 hours per month, the remuneration of the offender is not entitled to.

§ 2. The offender, by his written consent or at his request, the Director may authorize the employment of public work free of charge to the public administrations, the work performed for charity, work performed for the Organization of public benefit or when maintenance and minor performed for the organizational units of the prison service.

§ 3. To an apprenticeship to work the offender for his written consent, can be allowed to perform unpaid work in przywięziennych companies, for a period not longer than 3 months.

§ 4. Work for free may be the offender be granted the award.

Article. 124. [exemption from work and leave] § 1. Offender employed for consideration based on referral to a job or a job-processing contract shall be entitled after one year of uninterrupted work, at the time of serving imprisonment, the release from work for a period of 14 working days, subject to the right to remuneration, and the offender employed of charge-14 days exemption from work, without any right to compensation. Convicted may not waive the right to exemption from work.

§ 2. The dimension of the annual leave of the offender employed under a contract of employment is 18 working days.

§ 3. Convicted in the period of annual leave or exemption from work, referred to in § 1 and 2, using the powers to: 1) or a longer view, 2) additional purchase of food and tobacco products and items permitted to be sold in prison, 3) longer walks, 4) priority or more frequent participation in educational and cultural activities, physical education and sport.

§ 4. The terms of reference referred to in § 3, specifies prison director individually for each offender.

Article. 125. [allowances for working heavy, dangerous or harmful for health] § 1. Exercise consisted of wages shall deduct 10% of the objectives of the Fund referred to in article 1. 43 and 25% for the objectives of Reintegration Fund Condemned and the development of Przywięziennych Establishments, created on the basis of article. 6a Act of 28 August 1997 on the employment of persons deprived of their liberty (Dz. u. Nr 123, poz. 777, as amended).

§ 2. With falling consisted of remuneration for work, after deduction of the advance on income tax from natural persons, free is at any time from the execution of 60%.

Article. 126. [Collection of cash] § 1. Of the cash received by the accused, with the exception of the measures referred to in article 1. 113 § 6 paragraph 1 – 3, the measures to the height of one average monthly wage workers accumulates and preserves to the transfer of the offender at the time of his release from prison, for transfer to the place of residence and maintenance; with these measures do not lead to execution.

§ 2. The collection is subject to: 1) 50% of the amount deposited by the offender at admission to prison, but not more than the amount corresponding to the height of one of the average monthly salary of workers, 2) 50% of the attributable consisted of monthly wages after deduction of the advance on income tax from natural persons, but not more than the amount which is 4% of one average monthly wage of workers, 3) 50% of each of the proceeds the accused not listed in points 1 and 2 but not more than the amount which is 4% of one average monthly wage of employees.

§ 3. Amounts referred to in § 2 paragraph 2 and 3, shall be subject to the collection after deducting the charges asserted in enforcement proceedings.

§ 4. Cash collected in the manner indicated in § 1-3 prisons are made up of the accounts the sum of deposit and pay the offender in cash in an amount of nominal value plus interest.

§ 5. The accounts of the amounts of deposit referred to in § 4, leading Bank Gospodarstwa Krajowego separately for each prison on the basis of contracts concluded with the directors of prisons.

§ 6. Bank Gospodarstwa Krajowego, leading accounts deposit totals prisons, provides in particular: 1) records the analytical measures for individual schemes (mikrorachunki) within each account, 2) daily interest accrual and periodic capitalization of interest payable from the funds for each mikrorachunku, 3) to exchange information with that spectrum was administered by accounts, in terms of the status of each mikrorachunku (capital and interest), donated on each mikrorachunek and withdrawals of each mikrorachunku.

§ 7. Measures made in the accounts amounts of deposit are non-interest-bearing deposit in Polish National Bank. Interest from the sum of deposit lodged for sum accounts deposit prisons are subject to annual caps on 31 December of each calendar year and on the day of release the offender from prison.

§ 8. Along with making convoying sentenced to another prison facility shall be for the account of the deposit sum of prison money sentenced collected for him in the way indicated in § 1-3 together with the accrued to the day preceding the day escorting interest.

§ 9. The amount in each case subject to in case of addition to the accumulated growth of average earnings. The addendum shall be made from the proceeds the accused obtained from the first day of the month following the date of delivery of the message of the President of the Central Statistical Office on the average wage.

§ 10. Cash and cash equivalents referred to in § 1, at the request of the convicted person shall be made in payment of the fine, which was converted into the alternative penalty involving deprivation of liberty or a replacement sentence.

Article. 127. [periods] § 1. Periods of work, for which he shall be entitled to compensation by the offender at the time of imprisonment, with the exception of the work referred to in article 1. 123A section 1, 2 and 3, are periods of contribution under the terms of the legislation on retirement pension of workers and their families.

§ 2. Prison break freed from prison, recruited at the time of imprisonment based on referrals to work, receives a certificate of work.


Article. 128. [Employee Rights] § 1. Exercise periods by the accused for employment, except for work performed on the basis of civil law contracts, does the period of work, from which depend on employee rights, subject to § 2 and 3.

§ 2. Provision in § 1 shall not apply if, under the law or the provisions of the collective agreement for the service shall include only periods of employment in a given workplace, in a specific industry or periods of work on specific positions or work performed under specific conditions.

§ 3. Work period, referred to in § 1 shall not be included in the period of work: 1) it depends on the acquisition of the right to annual leave or other benefits of over a year's work, or a period of less than one year, 2) required to occupy a particular position.

Article. 129. [Delegation] § 1. The Council of Ministers may specify, by regulation, policy and delegation of businesses, institutions or organizations to perform specific tasks in the field of employment and teaching convicted and victim care.

§ 2. (deleted).

§ 3. The Minister of Justice shall determine, by regulation, detailed rules for the employment of prisoners, taking into account the types of employment, the remuneration policy condemned employed for consideration based on referral to work, though these exemptions from work or annual leave, causes and ways to justify inactivity and documenting employment.



Division 6 Teaching Art. 130. [compulsory Teaching] § 1. In the prisons are teaching mandatory in terms of primary school and junior high school, and teaching in the field of secondary (upper secondary education) and vocational courses. Professional training of foreign exchange may be in whole or in part, in return for payment.

§ 2. A prison is required to conduct teaching, according to the capabilities and aptitudes for juvenile convicts, referred to in § 3.

§ 3. Priority in obtaining the possibility of entry for teaching in the secondary school (secondary) and professional courses have condemned who have not learned the profession or after serving the penalty will not be able to perform it, and are under 21 years of age.

§ 4. Prisoners do not have sufficient funds be made available free of charge, the necessary manuals and teaching aids.

§ 5. In justified cases, the convicted may, at its own expense, to educate in the schools outside the prison with the permission of the Director of the plant. The cost of training the accused outside the prison, due to specific circumstances, may be incurred by the prison.

§ 6. In the event of serious reasons preventing the offender implementation of the obligation of teaching time is possible to release it with the implementation of this obligation.

Article. 131. [Science outside the penitentiary] § 1. Convicted may with the consent of the Director of the prison study in schools outside the prison, if they meet generally applicable requirements in education of the public, to behave correctly and do not jeopardise the legal order.

§ 2. The Director may permit the offender to participate in consultations and exams outside the penitentiary, if it meets the conditions listed in paragraph 1.

§ 3. Provision in § 2 shall not apply to sentenced to life imprisonment.



Article. 131a. [deprivation of the possibility of teaching] prison deprives the possibility of teaching as far as not covered by teaching mandatory in cases of: 1) threatening the safety of the plant, 2) refusal to attend school, 3) identified in the opinion of the psychological impediment preventing the fulfilment by the embedded educational requirements, 4) breaks in science for more than 50% of the time provided for the implementation of the classes in the semester, resulting from the carriage on the order of the Court, the public prosecutor's Office or other competent authorities 5) break in science for more than 50% of the time provided for the implementation of the classes in the semester, resulting from the niepowrotu with temporary permission to leave the plant, 6) deterioration of the health status of the embedded negative the opportunity to participate in teaching, 7) failure to achieve promotion to the next semester and the lack of the possibility of repeating the semester.

Article. 132. [Practical training] Work in school workshops and practical training is mandatory, if it follows the curriculum. Practical training can be combined with production work, if it is compatible with this program.

Article. 133. [the acquisition of the right to leave] the offender wywiązującemu the responsibilities of the student after a year can be granted a 14-day leave, if he does not have the right to such leave in respect of the work performed, in which the use of such allowances and reliefs that within the period of the leave have consisted of working.

Article. 134. [Delegation] the Minister of Justice, in consultation with the competent Minister for education and upbringing, shall determine, by regulation, the manner and the guidance mode of teaching in prisons and prisons, the conditions and mode of implementation of the obligation of teaching and freeing prisoners from this obligation, as well as the conditions and mode of payment for education outside the prison, taking into account the need to adapt the types and methods to obtain by the offender of the educational and professional qualifications to the conditions of the prison and detention center , specific teaching carried out in conditions of isolation of prison, as well as the need to ensure discipline and order when teaching.



Branch 7 the activities of cultural and educational, social, physical culture and sports Article. 135. [educational and Cultural Activities] § 1. In prisons with convicted conditions appropriate recreation. For this purpose, organizes cultural activities, physical education and sports and social activities of convicts.

§ 2. In each prison is especially rental books and presses for convicts and makes it possible to use audiovisual equipment in kindergartens and residential purposes. By using these devices convicted must not interfere with the established order.

Article. 136. [cultural activities led by convicted] § 1. Prisoners may be allowed to create teams in order to carry out cultural, educational, sports and social. For these reasons, you can also allow to make contacts and to interact with the relevant associations, organizations and institutions. In particular, you can allow to work on the objectives of the public, as well as for the implementation of other socially approved goals.

§ 2. The Director of the prison may appoint attorneys convicted in order to entrust the opinion-making and consultation.

§ 3. To perform tasks that are related to educational and cultural activities, physical education and sport, the Director of the prison may designate condemned distinctive an exemplary attitude and behavior.

Article. 136A. [Collection of funds] § 1. In prison you can allow voluntary collection by convicted financial resources intended to help prisoners and their families in difficult circumstances or for social purposes.

§ 2. We collect financial resources referred to in paragraph 1, shall be the Director of the prison, after hearing the opinions of the convicts.

§ 3. The conclusions of the convicted for spending funds collected, referred to in § 1, require the approval by the Director of the prison.



A branch of the 8 awards and allowances Article. 137. [awards] consisted of Mariacki good behavior at the time of the penalty may be awarded the prize. The award may also be granted the offender in order to encourage it to improve behavior.

Article. 138. [types of awards] § 1. The prizes are: 1) the additional or longer vision, 2) vision without a dozorującej, 3) the vision in a separate room, without dozorującej, 4) seizure of all or some of the disciplinary penalties, 5) prize in kind or monetary 6) (repealed), 7) vision without supervision, outside the prison, the person nearest or trustworthy person, for a period not exceeding 30 hours at a time 8) permission to leave the prison without supervision for a period not exceeding 14 days at a time, 9) praise, 10) the more frequent participation in educational and cultural activities, physical education and sport, 11) the authorization to transfer the person indicated by the convicted person a gift, 12) permission to make available in your own clothing, 13) the authorisation to receive additional food parcels, 14) permission to make additional purchases of foodstuffs and tobacco products and items permitted to be sold in prison 15) permission to liaise with the offender of the telephone by the person at the expense of the prison.

§ 2. (repealed).

Article. 139. [conditions for the granting of awards] § 1. The awards listed in the article. 138 § 1 paragraph 7 or 8, you can grant the offender, whose attitude at the time of the penalty warrants that at the time of your stay outside the penitentiary will comply with the legal order, following by it at least half of that part of the sentence, after which the parole could be released.


§ 2. Awards listed in the article. 138 § 1 paragraph 7 or 8 of the detainee was ordered temporarily, with the rights and obligations of the accused held a penalty involving deprivation of liberty, requires the order of consent by the authority to which the disposal of the remains.

§ 3. The total number of awards listed in the article. 138 § 1 paragraph 7 shall not exceed 28.

§ 4. The total duration of the awards listed in the article. 138 § 1 paragraph 8 does not exceed 28 days a year.

§ 5. Offender convenes penalty life imprisonment the award mentioned in the article. 138 § 1 paragraph 7 or 8 can be granted after at least 15 years.

§ 6. Grant of awards mentioned in the article. 138 § 1 paragraph 7 or 8 consisted of 25 years ' imprisonment penalty convenes or to life imprisonment, in the prison of the closed-end type, requires the consent of the judge of the penitentiary.

§ 6a. Provision in § 6 shall apply mutatis mutandis to the offender with impaired sexual preferences taking place a penalty involving deprivation of liberty in the prison of closed type for an offence referred to in article 1. 197 – 203 of the criminal code, committed in connection with these disorders.

§ 7. The awards listed in the article. 138 § 1 paragraph 7 or 8 the Director of prison admits of its own motion or at the written request of a supervisor sentenced. The Director of the prison may authorize the head of the extracted branch to grant awards mentioned in the article. 138 § 1 paragraph 7.

§ 8. If after the grant award, referred to in article 1. 138 § 1 paragraph 7 or 8, the new circumstances justifying the assumption that convicted during his stay outside the penitentiary will not comply with the legal order, or if convicted of using Awards referred to in article 1. 138 § 1 paragraph 7 or 8 will be stopped by the competent authority in connection with the breach by him of the legal order during the awards, the authority which granted the award, shall take a decision on the withdrawal of awards or prizes at the conversion to another. In the case referred to in paragraph 2, it shall inform the authority that issued the order.

§ 9. The offender, who, using the awards listed in the article. 138 § 1 paragraphs 7 and 8, has abused the trust and, in particular, did not return to prison within the prescribed period, shall not be those of awards for at least 6 months from the award of the last prizes.

Article. 140. [obligations of the accused using awards] § 1. In the event of use by the offender of the awards listed in the article. 138 § 1 paragraph 7 or 8 or the authorisation referred to in article 2. 141A or article. 165 § 2, he has the obligation to report to them immediately to the police unit, the proper place of territorially its residence in a period of use of the authorisation, to confirm the location.

§ 2. Convicted using the authorisation referred to in paragraph 1, in each case, the change of the place of stay is required to report to them immediately to the territorially competent police unit for the new place of residence.

§ 3. The Director of the prison may require the offender, using the authorisations referred to in § 1, to a specific behavior, and especially to reside in specific places in the residence or the more frequent reporting to the police unit.

§ 4. Residence time sentenced outside the penitentiary, on the basis of permits referred to in § 1, there shall be deducted from the period of the sentence, unless the judge otherwise directs the prison if convicted this time, abused the trust.

Article. 141. [Relief] § 1. In particularly justified cases the terms of family or personal sentenced awards can be used as a relief.

§ 2. Not be granted as a concession awards referred to in article 1. 138 § 1 paragraph 7 or 8.

§ 3. Relief shall be granted the Director of the prison or a person authorised by him at the request of the accused or the person nearest or at the request of supervisor sentenced.

§ 4. (repealed).

Article. 141A. [Authorization to leave the prison] § 1. The Director of the prison may grant the offender permission to leave the prison in a convoy of an official prison service, trustworthy person or yourself, at a time not exceeding 5 days in order to visit a seriously ill family member, participation in the funeral of a family member, and in other cases, particularly important for the accused.

§ 2. (repealed).

§ 3. The authorisation referred to in paragraph 1, the detainee was ordered to ensure that the rights and obligations of the accused held imprisonment requires a release order of consent by the authority to which the disposal of the temporarily arrested remains.

§ 4. Provision of art. 139 § 8 shall apply mutatis mutandis.

§ 5. The decision referred to in paragraph 1, shall be entitled to the action.



Division 9 Punishment disciplinary Art. 142. [responsible for the overrun] § 1. Convicted shall be liable to disciplinary action for culpable violation of orders or prohibitions under the Act, the regulations or other regulations issued under it or in prison or place of work order, hereinafter referred to as "crossing".

§ 2. If overrun contains the hallmarks of offense, convicted shall be liable to disciplinary action, unless the offence committed has been during your stay outside the prison.

Article. 143. [types of disciplinary penalties] § 1. Disciplinary punishments are: 1) rebuke, 2) deprivation of all or some of the not used by the offender or relief or the suspension of their performance, for a period of up to 3 months, 3) deprivation of the use of participation in some activities educational and cultural or sporting events, with the exception of the use of books and press, for up to 3 months, 4) deprivation of the opportunity of receiving packages of food for up to 3 months, 5) deprivation or restriction of the possibility of purchasing food or tobacco , for up to 3 months, 6) providing available in a way that prevents direct contact with the visitor, for up to 3 months, 7) lower per consisted of part of the remuneration for work, no more than 25%, for a period of up to 3 months, 8) placing the insulation cell for up to 28 days.

§ 2. Disciplinary penalties listed in § 1 paragraphs 4, 5 and 8 shall not apply to pregnant women, nursing mothers or caregivers of their children in the homes of mother and child.

§ 3. Disciplinary penalty, referred to in § 1 paragraph 8, you can bring the offender who has committed a transgression violates severely in prison discipline and order. This penalty involves embedding sentenced one by one in a cell and prevent him from contact with other sentenced persons; in the course of its execution the accused shall not be options: 1) use available and samoinkasujących telephones, 2) use with audio-visual and computer, 3) direct participation, together with other sentenced persons, in worship, religious meetings and science of religion; at the request of the convicted person must, however, allow the direct participation in the service in conditions preventing him contact other sentenced persons, 4) for participation in educational and cultural activities, physical education and sport, with the exception of the use of books and press, 5) purchasing food and tobacco, 6) (repealed), 7) participate in the education and employment outside the cell, 8) using their own clothing , footwear and tobacco products.

Article. 144. [decision on the punishment of disciplinary] § 1. Disciplinary penalties referred to in article 1. 143 § 1 paragraphs 4, 5, 7 and 8 apply the Director of prison and other penalties – also the person authorized by him.

§ 2. Disciplinary measures from the Office, or at the written request of a supervisor sentenced.

§ 3. Decision on the punishment of disciplinary penalty should contain precise cross committed by the offender.

§ 4. Decision on the punishment of disciplinary penalty shall be in writing and shall communicate to the offender, and when educational reasons for this support-also other prisoners or other persons. This provision shall also apply to the decision to repeal, donate, defer, substitution, suspension or discontinuation of disciplinary penalty, as well as to withdraw from the disciplinary punishment.

§ 5. The decisions referred to in paragraph 1, shall be entitled to the action.

Article. 145. [the procedures for the administration of disciplinary penalty] § 1. Administering disciplinary penalty shall take into account the degree of culpability and the principle of individualization, in particular with regard to the nature and circumstances of the offence, the attitude toward committed exceeded, the current attitude, personality characteristics and State of health of the accused, and educational goals.

§ 2. Before the imposition of a disciplinary penalty shall be heard the defendant, take note of the opinion of the educators, and if it is necessary-also the applicant in the request for punishment, and with the opinions of other people, as well as the testimony of witnesses. Proceedings may take place in the presence of other convicted, if you argue in favour of this educational considerations.

§ 3. Before the imposition of a disciplinary penalty the offender referred to in article 1. 143 § 1 paragraph 8 a doctor or psychologist it seems written opinion about his ability to serve that sentence. The imposition of this penalty in more than 14 days requires the consent of the judge of the penitentiary.


§ 4. Before the imposition of a disciplinary penalty the offender referred to in article 1. 143 § 1 paragraphs 4 and 5, which due to the State of health was allowed to make additional purchases of food or more receive packages or the licensee from your diet, your doctor be consulted as to the effects on the health status of the offender being sentenced to this penalty.

§ 5. After consulting the doctor Director shall take a decision on whether to postpone the implementation of this penalty.

Article. 146. [disciplinary punishment] § 1. One exceeding the measures only one disciplinary penalty. In the event that the condemned had committed more overshoots before it was punished for any of them, apply the one punishment, similarly, respectively.

§ 2. Restart the imposition of disciplinary penalties cannot be arranged in such a way that it is directly the holding the same penalty, unless the total duration of the penalties does not exceed the prescribed limit of the duration of the punishment.

§ 3. In cases of justified on grounds of their application in disciplinary punishment may be waived, the execution of sentences handed down penalties hang for up to 3 months, replace it to a different less dolegliwą or punishment to donate. After the expiry of a period of suspension of a measured penalty shall be deemed to be made.

§ 4. If during the period of suspension of disciplinary penalty condemned is guilty again exceeded, the suspended punishment shall, unless the Director of the prison decides otherwise.

Article. 147. [limitation of the implementation of the disciplinary penalty] § 1. You cannot impose disciplinary penalty, if from the date of receiving by the superior news about the Commission of exceeding 14 days have elapsed, or from the date of committing cross-30 days. Unable to start execution of disciplinary penalty after 14 days of its assessment.

§ 2. The time limits laid down in paragraph 1 does not run if the convicted is residing outside the prison without permission or in connection with treatment arising from self harm or with reasonable use of coercive measures, as well as during the period of suspension of disciplinary penalty.

§ 3. Limitation of the implementation of the disciplinary penalty not runs at run time the same punishment leveled before.

Article. 148. [execution of disciplinary penalty] § 1. By disciplinary penalty shall be performed without delay. The prison, the judge may suspend the execution of the disciplinary penalty for the time needed to explain the circumstances justifying its assessment, as well as revoke the disciplinary penalty because of her illegitimacy, or refer the matter to the Director of the prison back to.

§ 2. If the State of health of the convicted person prevents completion of leveled disciplinary penalty in whole or in part, its execution should be postponed or discontinued or converted to the disciplinary penalty which condemned can take place. In this regard, the decision shall be taken by the Director, after consulting the prison doctor.

§ 3. At run time, the disciplinary penalty of placing in the insulation cell doctor or psychologist controls the ability of the accused to this penalty.

§ 4. At run time, the disciplinary penalty, referred to in § 3, the Manager of the prison may, in cases where justified on grounds of family, personal, or their application, allow the offender to a vision or a phone call.

Article. 149. [set aside disciplinary penalty] if they have been disclosed new facts or evidence not known before, indicating that the punished is innocent, the Director of the prison disciplinary penalty shall be repealed, and considers it as void and shall take a decision thereon in order to set aside the effects of the punishing.



Branch 10 to postpone and break execution of imprisonment Article. 150. [disease] § 1. The execution of a sentence of imprisonment in the case of mental illness or other serious illness that prevents the execution of this penalty, the court defers to the time of cessation of the obstacle.

§ 2. For serious illness is considered the status of the offender, which put it in prison can be life-threatening or cause for his health serious danger.

Article. 151. [deferment of executing a custodial] § 1. The Court may postpone the enforcement of a sentence of imprisonment for a period of a year, if the immediate execution of penalties would entail for the convicted person or his family too severe effects. In relation to convicted a pregnant woman and the convicted person alone who has custody of the child the Court may postpone the execution of the penalty for a period of up to 3 years after the birth of a child.

§ 2. The Court may postpone the execution of the penalty of deprivation of liberty for more a year, if the number of inmates in prisons or prisons exceed nationally overall capacity of these establishments; the postponement is granted to prisoners who have committed the offence using violence or the threat of its use, prisoners referred to in article 4. 64 § 1 or 2 or in article 3. 65 of the criminal code, as well as convicted for offences referred to in article 1. 197 – 203 of the Penal Code committed in connection with the disorders of sexual preferences.

§ 3. Deferment may be granted on several occasions, however, the total period of deferment cannot exceed the periods indicated in § 1; the deferral period shall run from the date of issue of the first order in this regard.

§ 4. Delaying the execution of a sentence of imprisonment, the Court may commit the offender to take efforts to find employment, reporting to police unit at specified intervals or to submit to an appropriate treatment or rehabilitation, therapeutic actions or participation in programs korekcyjno-educational.

§ 5. By following the decision to postpone the implementation of a sentence of imprisonment in relation to the accused, who was obliged to fulfil the obligations referred to in paragraph 4, the Court shall apply accordingly article. 14. Article. 152. [Conditional suspension of the enforcement of the sentence] § 1. If the deferral of enforcement of a sentence of not more than one year imprisonment lasted for at least one year – the Court may conditionally suspend the execution of the penalty on the principles referred to in article 1. 69 – 75 of the criminal code.

§ 2. Proposal for a conditional suspension of the execution of imprisonment can also submit judicial guardian.

§ 3. On the order of the conditional suspension of sentence shall have the complaint; the meeting has the right to take part, the Prosecutor, the sentenced and defender, as well as the Court curator, if you apply for an order.

Article. 153. [a break in the execution of the penalty] § 1. The Prison Court grants a break in the execution of penalties in the case referred to in article 4. 150 § 1 by the time of cessation of the obstacle.

§ 2. The Prison Court may grant a break in the execution of a sentence of imprisonment, if the appeal for this important family or personal reasons. The provisions of article 4. 151 § 3-5 shall apply mutatis mutandis.

§ 2a. A request for a break in the execution of a sentence of imprisonment may submit also the Manager of the prison.

§ 3. You cannot grant a break before the expiry of one year from the date of completion of the previous break and return it to the prison, unless there is a case of mental illness or any other serious illness condemned or other random accident.

§ 4. (repealed).

§ 5. Penitencjarnym Court of competent jurisdiction to grant further breaks is the Court which granted the first break. It is also appropriate for a decision of the break referred to in § 3, if convicted still on the loose.



Article. 153A. [shall be entitled to participate in the meeting of the postponement or interruption] § 1. In the meeting the postponement or interruption shall have the right to take part, the Prosecutor, convicted and his Defender, as well as the Court curator professional or Manager of the establishment, if you filed your application for an order.

§ 2. To order the postponement or interruption shall be entitled to appeal.

Article. 154. [complaint against the order to grant a break] § 1. If the Prosecutor stated that he is opposed to granting breaks, order granting a break becomes enforceable upon implementations.

§ 2. The complaint lodged by the Prosecutor shall be resolved within 14 days.

Article. 155. [conditional release with the completion of the rest of the sentence] § 1. If the break in the execution of the imprisonment lasted at least one year, and was sentenced to at least 6 months-the Prison Court may conditionally exempt the offender from the completion of the rest of the punishment on the principles referred to in article 1. 77 of the criminal code, the release may take place at any time, without the limitations of art. 78 and 79 of the criminal code.

§ 2. Provision in § 1 shall not apply if a penalty or sum of penalties of deprivation of liberty exceeding 3 years.

§ 3. The provision referred to in § 1, shall be entitled to appeal.

Article. 156. [postponement Appeal penalty] § 1. Postponement of the implementation of a sentence of imprisonment, the Court may appeal in the event of cessation of the cause for which has been granted, or if the condemned is not using the postponement in order, which was granted, or grossly violates the legal order, as well as with the non-performing duties referred to in article 1. 151 § 4.

§ 2. Provision of section 1 shall apply mutatis mutandis to the execution of a sentence of imprisonment; the order of appeal breaks the Prison Court, which it has granted.


§ 3. The competent court shall recall postponement or a break in the execution of the penalty of deprivation of liberty, if the circumstances referred to in § 1 and 2, there are after the offender a written warning by the legal guardian, unless the appeal against this specific considerations.

§ 4. If during a break in the making of imprisonment sentenced was temporarily arrested, imprisonment, which the holding has been interrupted, is enforceable by law.

§ 5. Provision of § 4 shall apply mutatis mutandis to postpone the implementation of a sentence of imprisonment, except that in the case of a postponement of the Court immediately directs the decision to perform.

Article. 157. [a reference to defer punishment to soldier] postponement of the implementation of a sentence of imprisonment to a soldier, the Court may revoke the well at the request of a competent Commander.

Article. 158. [request for exemption from the implementation of custodial] request for exemption from the implementation of a sentence of imprisonment, referred to in article 1. 336 § 3 and 4 of the criminal code, may submit also the Commander of the unit. The prescription deadline to submit a proposal shall expire on the date of completion of the services by the soldier.



Article. 158A. [complaint against the decision on appeal, the postponement or interruption or application for exemption from the implementation of custodial] on the order of the appeal the postponement or interruption, as well as on the application for an exemption from the implementation of a sentence of imprisonment, referred to in article 1. 336 § 3 and 4 of the criminal code, the complaint.



Branch 11 Conditional early release Article. 159. [supervision by the probation officer] § 1. Conditionally released the Prison Court may within a period of trying to give away under supervision by the probation officer, trustworthy person, Association, organization, or institution to which activities should be a concern for education, prevention of corruption or help prisoners, and to impose on it the duties referred to in article 3. 72 § 1 of the criminal code, and if the damage caused by a crime, for which the condemned is the punishment has not been corrected, decide the obligation referred to in article 1. 72 section 2 of the criminal code. To the accused for an offence referred to in article 1. 197 – 203 of the Penal Code, committed in connection with the disorders of sexual preferences, juvenile offender deliberately, the offender referred to in article 1. 64 of the criminal code, and sentenced to life imprisonment placing under supervision is mandatory.

§ 2. Conditionally released, that is required to perform the duties associated with the period of the trial and was not put under surveillance, is obliged to: 1) without delay and at the latest within 7 days of release from prison, the notification to the legal guardian professional of the District Court in whose jurisdiction the place of permanent residence, 2) reporting to the legal guardian in specified by him and give explanation as to the course of the period trying to 3) change without the consent of the Court of the habitual residence, 4) perform the duties imposed on him – as the Court should instruct the conditionally exempt.

§ 3. If you donate under the supervision of the Court shall instruct the accused to resulting from the article. 169 § 2.

Article. 160. [Appeal conditional release] § 1. The Prison Court revokes the conditional release, if released during the trials had committed intentional offense, which has been declared legally imprisonment without a conditional suspension of its implementation.

§ 2. The Prison Court revokes the conditional release, if released, convicted of an offence committed by use of violence or threat of unlawful as against the nearest or other minor residing together with the suspect, during the attempt to blatantly violate the legal order, again using violence or threat of unlawful as against the nearest or other minor residing together with the suspect.

§ 3. The Prison Court may revoke the conditional release, if released in a period of trying to blatantly violate the legal order, in particular, committed the other crime or penalty other than specified in § 1 or evades supervision, the implementation of the imposed obligations or reported by the criminal-law measures, forfeiture or compensatory measures.

§ 4. Court revokes the conditional release of the offender, if the circumstances referred to in § 3, there are after the offender written notice by the legal guardian, unless the appeal against this specific considerations.

§ 5. When the prison was put under the supervision of trustworthy persons, associations, organisations or institutions referred to in article 1. 159 § 1, the request for the appeal conditional release may make the person or a representative of the Association, organization or institution.

§ 6. At a meeting of the appeal conditional release has the right to take part, the Prosecutor, the convicted and the Defender, judicial trustee, and if convicted will remain under the supervision of trustworthy persons, associations, organisations or institutions referred to in article 1. 159 § 1, also this person or representative of the Association, organization or institution.

§ 7. On the order of the appeal conditional release receive a complaint.

§ 8. In case of cancellation of parole shall not be set off against the penalty of the period spent in the wild.

Article. 161. [request for conditional release] § 1. About conditional rules the Prison Court at its meeting, which should be held in prison. The meeting has the right to take part, the Prosecutor, the sentenced and defender, as well as other people, that's for permission to submit an application for conditional release, if the application is made.

§ 2. The request for conditional release may file criminal or judicial Manager also curated by a professional.

§ 3. If the penalty or the sum of the penalty does not exceed 3 years in prison, a request the offender or his Defender, filed before the expiry of 3 months from the adoption of the order of refusal of parole, not diagnosed until the expiry of that period.

§ 4. If the penalty or sum of penalties over 3 years of imprisonment, the accused, or request filed before the expiry of 6 months from the adoption of the order of refusal of parole, not diagnosed until the expiry of that period.

§ 5. The Director of the prison, by submitting an application for conditional release, forward at the same time, the opinion drawn up by the administration of the prison that contains in particular an estimate of kryminologiczno-. In other cases, the opinion of this Director of prison sends the request or at the request of the penitentiary Court convicted the applicant in the request for conditional release.

Article. 162. [complaint against the decision refusing parole], § 1. The Prison Court shall hear the representative of the administration of the prison, a legal guardian, if you made a request for conditional release, and includes an agreement concluded as a result of the mediation. In the case of the accused for an offence referred to in article 1. 197 – 203 of the Penal Code, committed in connection with the disorders of sexual preferences, conditional release cannot be granted without seeking expert opinions.

§ 2. The provision on conditional release shall be entitled to appeal. Is it resolved within 14 days. Provision of art. 154 § 1 shall apply mutatis mutandis.

§ 3. On order refusing parole have also complaint to the Director of the prison or judicial professional women, if they request for conditional release.

Article. 163. [jurisdiction penitentiary] § 1. In matters relating to the making of a decision on conditional release, and on the appeal the conditional exemption is the Prison Court, which granted the exemption and, if released remains under the supervision of the Court in whose jurisdiction the prison supervision is executed.

§ 2. The Prison Court may, within the limits laid down in article 4. 80, § 1 and 2 of the criminal code, change the period of the test. The Court may also, during the attempt to establish, expand or modify the obligations mentioned in article 1. 72 § 1 of the criminal code or from performing duties imposed release, with the exception of the obligation to set out in art. 72 section 2 of the criminal code, as well as give the offender under the supervision or surveillance of the release. The request for an order may submit also the Court curator.

§ 3. By a decision on conditional release to the accused, which has not been put under supervision or obliged to perform duties associated with the period of the trial, the Court of the prison shall apply accordingly article. 14. § 4. The order issued pursuant to § 2 shall be entitled to appeal.



Branch 12 Releasing convicts from prisons and the conditions for granting the aid Art. 164. [Preparing sentenced to life after release] § 1. Up to 6 months before the expected conditional release, or before a penalty is, where appropriate, the time necessary to prepare the offender for life after release, especially for making contact with a probation officer or entities referred to in article 1. 38 § 1. This period shall be determined, with the agreement of the offender, the Commission prison.

§ 2. The period referred to in paragraph 1, may also designate the Prison Court in its order granting or denying parole, if it deems it necessary.


Article. 165. [Authorization to leave the establishment] § 1. During the period referred to in article 1. 164, convicted should as far as possible take place in an appropriate penalty at the nearest future place of habitual residence.

§ 2. The offender may be allowed to leave the prison, including for up to 14 days, especially in order to attempt to obtain after releasing the appropriate opportunities to live and work. Permission to leave the establishment can be granted to the offender, whose attitude at the time of the penalty warrants that at the time of your stay outside the penitentiary will comply with the legal order. Authorisation shall be granted the Director of the prison. Provision of art. 139 § 8 shall apply mutatis mutandis.

§ 3. Curator of the judicial or entities referred to in article 1. 38 § 1, shall determine the scope of the prisoners the necessary assistance in the social re-adaptation and the way it is.

§ 4. If convicted, does not have an identity document, the administration of the prison shall take the steps necessary for the receipt by him of such a document. Condemned is obliged to cooperate in this respect.

Article. 166. [Grant ad hoc aid] § 1. Redundant prisoners, having difficulty in finding employment, accommodation and receive the necessary medical assistance, the competent authorities or bodies provide the necessary relief assistance.

§ 2. The Director of the prison releasing the accused, provide relevant information about the possibilities of obtaining the necessary assistance. In the case of freeing a person convicted of an offence referred to in article 1. 197 – 203 of the Penal Code, committed in connection with the disorders of sexual preference, the Manager of the establishment shall notify the police, for the whereabouts of the offender after his release.

§ 3. Offender zwalnianemu from prison, which does not have sufficient own resources and has not provided the freedom of sufficient means of subsistence, the Director of the prison may grant monetary aid at the time of release of up to 1/3 of the average monthly salary of employees or the appropriate equivalent; own resources of the sentenced are measures that are in escrow and transferred pursuant to art. 126 § 1.

§ 4. Been made redundant pursuant to art. 47 § 2 does not provide monetary aid, unless specific grounds for the appeal; in this case, you can provide assistance in the form of clothing, underwear, shoes, a ticket for the ride, as well as food for the duration of the trip, to the extent necessary to leave the prison. The decision to grant the aid shall take the prison director.

Article. 167. (repealed).

Article. 167a. [Items shall be issued at the time of release] § 1. On his release from prison, sentenced for receipt in the deposit documents, money, valuables and other items if they are not stopped or seized by way of security or enforcement.

§ 2. Convicted of an in addition, a certificate of exemption from prison and proof of employment. Is informed about the need for further treatment and receives the results of the performed diagnostic tests necessary to further therapeutic or diagnostic.

§ 3. Monetary assistance equivalent referred to in article 1. 166 § 3, convicted could receive when released to seasons clothing, underwear, shoes, travel card, as well as food for the duration of the trip. In this respect, decisions shall be taken by the Director prison.

§ 4. If a person released from prison requires hospital treatment, and her State of health does not allow you to transfer to the hospital, it remains on the treatment in prison until her health will allow such a transfer.

§ 5. Provision of § 4 applies, if the person freed agree further treatment in prison, which should be confirmed by the signature of the individual medical records. If the expression of the consent by the person exempted, the decision to leave her treatment in prison shall be taken by the Director at the request of the prison doctor. To a person referred to in paragraph 4, the provisions of order in force in the prison. The provisions of article 4. 118 section 1, 2 and 4 shall apply mutatis mutandis.

§ 6. If the freed convicted is unable for medical reasons to return to the place or location without check-in, the administration of the prison shall be responsible in the run-up to the release to make contact with the family, a person close to or referenced by the sentenced another person and inform it of the date of the exemption. If the actions of the prison proved to be unsuccessful, the prison administration shall grant to an exempted assembler help in visiting any place or location without check-in either entity.

§ 7. If the person referred to in paragraph 4, does not agree to further treatment in prison, the doctor tells her about the possible health consequences of refusing treatment. The fact of refusal should be confirmed by the signature of a released in the individual medical records, and in the case of refusal of the signature-note the latter on this fact.

Article. 168. (repealed).



Branch 13 Information about leaving by the offender of the prison Article. 168A. [notice of the release or escape of] § 1. At the request of the injured party, respectively, judge the prison or prison director shall immediately notify the victim, his legal representative or a person under whose constant keeping the victim remains, to release the offender from prison after serving the sentence, about escaping the offender from prison, as well as the decision to grant the offender: 1) a pass, referred to in article 1. 91 paragraph 7 and article. 92 paragraph 9, 2) temporary permission to leave the prison without supervision or without convoy officer of the prison service or assists another trustworthy person, referred to in article 2. 138 § 1 paragraph 7 or 8, art. 141A § 1, article. 165 § 2 and art. 234 § 2, 3) a break in the execution of penalties, 4) conditional release.

§ 2. Of the right to submission of the application referred to in paragraph 1 shall be advised by the victim, the Court, following a decision to make.

§ 3. In the case of exemption from prison after serving a sentence the offender with impaired sexual preferences taking place a penalty involving deprivation of liberty for an offence referred to in article 1. 197 – 203 of the criminal code, committed in connection with these disorders, as well as in the case of escape such offender from prison or a decision, as referred to in § 1, the prison shall immediately notify the Director or referee, respectively of the police, of the habitual residence of the convicted person.

§ 4. Provision in § 3 shall apply mutatis mutandis to the accused for an offence committed in an organised group or connection to a crime and the offender held imprisonment sentence imposed by an intentional crime in a dimension of not less than 3 years.

§ 5. If the offender performs a sequence of penalties involving deprivation of liberty, the notification referred to in § 1-4, it sends through the entire duration of the deprivation of liberty.

§ 6. Where appropriate, the notice referred to in paragraph 1 shall be also a witness.



Chapter XI the rights and obligations of the probation officer, exercise supervision, conditional does not proceed and conditional suspension of enforcement of a sentence section 1 rights and obligations of the probation officer and supervision Art. 169. [obligations of the accused given under supervision] § 1. Prison break, on which duties were imposed, and put under surveillance, is obliged to comply with the obligations laid down by the Court for trial or related to supervision.

§ 1a. Convicted, which imposed the duties referred to in article 3. 34 section 3 of the criminal code, is obliged to comply with the obligations laid down by the Court.

§ 2. Convicted put under supervision is obliged without delay and at the latest within 7 days of receiving the news about putting it under supervision, reported to a probation officer of the District Court in the District of which the surveillance is to be executed.

§ 3. Convicted shall appear on the request by the Court or probation officer and to provide explanations as to the course of supervision and enforcement of the obligations imposed on it, without the consent of the Court do not change habitual residence, allow women the entrance to the apartment and to inform it about the change of the place of employment.

§ 4. Supervision is carried out at the place of permanent residence of the convicted.



Article. 169a. [Court Supervision over the exercise of supervision] § 1. Supervision of the exercise of supervision belongs to the court competent to adjudicate on enforcement of the sentence or measure, for which the offender was put under supervision.

§ 2. The surveillance referred to in § 1, includes the control and assessment of: 1) the legality and regularity of the exercise of supervision, 2) perform tasks probationer officials and educational activity probation officer and offender rehabilitation process, 3) the correctness of drawing up by the probation officer documentation and conduct surveillance Act.



Article. 169b. [risk returning to the crime], paragraph 1. In order to ensure the optimal impact on the person to whom custody is carried out, and the application of appropriate methods to control these people shall be three risk groups return to crime: 1) the Group reduced the risk of (A), 2) primary group (B), 3) risk group (C).


§ 2. The Group reduced the risk of (A) the eligible person, to which the conditional remission procedure, and so far, no criminal record, whose properties and conditions of personal and environmental factors, the existing way of life and whose behavior after committing the crime justifies the belief that they will be in a period of trying to comply with the legal order, and in particular they commit crime again. In particularly justified cases, team manager probation services or the judge may qualify for reduced groups (and) people who meet the conditions for the primary group (B).

§ 3. To the risk group (C) eligible: 1) convicted referred to in article 1. 64 § 1 and 2 of the criminal code, 2) convicted, who after the judgment, or attempting to commit an offence like, 3) addict convicted in connection with the use of alcohol, narcotic or other similarly acting measure 4) convicted of offences against sexual freedom or morals to the detriment of a minor, as well as for crimes against sexual freedom committed in connection with the disruption of mental activities of sexual other than mental illness 5) convicts with psychiatric disorders, if these disorders have a relationship with the offence, 6) convicted in connection with the application of violence in the family, who will remain with the victim in the common household during the attempt, with the exception of those which have been conditional remission of conduct 7) convicted criminal subcultures-related or groups associated with the criminal environment, 8) convicted, who require intensive action during the attempt due to previous criminal record , way of life, personal properties and behavior during the trial, including the degree of execution of sentences the obligations, or due to other circumstances.

§ 4. To the primary group (B) eligible persons that do not meet the conditions of the Group reduced the risk of (A) or risk group (C). In particularly justified cases, in particular to the progress in the process of rehabilitation, the judge may qualify for primary group (B) a person satisfying the conditions for venture capital group (C).

§ 5. Supervision in relation to persons qualified to venture group (C) perform professional curators. In particularly justified cases, team manager probation services or the judge may agree to exercise supervision by the probation officer in view of the social properties and personal conditions of the offender and predisposition, education, skills and training of the curator.

§ 6. The risk of a return to crime, referred to in § 1 shall be eligible person in respect of whom the supervision is supervision, team manager probation services and authorized the judge; in case of discrepancy between the decisive is the position of a judge.

§ 7. In the event of a change in circumstances referred to in paragraph 2 or 3, or if the current process of the period trying to justify a belief, that is sufficient to further the interaction within the framework of the risk referred to in § 1, paragraph 1 or 2, shall be made to re-qualify rules specified in § 6. Change the qualification from the Group (B) to a group of the reduced risk (and) may also team manager probation services.

§ 8. In relation to the offender of the qualifying Group of the reduced risk (A) the Court curator, by exercising supervision in person, is obliged in particular to: 1) carry out at least once every 3 months the environmental intelligence, including conversations with prisoners in his place of residence or stay, 2) effectively call the offender at least once every 2 months to appear at the headquarters of the judicial service probation team in order to provide further explanations as to the course of the supervision and implementation of the imposed obligations and also, if necessary, submit appropriate documents proving execution of duties, 3) request from the offender telephone contact at least once a month.

§ 9. In relation to the offender of the qualifying Group reduced the risk of (A) and (B) the Court curator is obliged in particular to: 1) carry out at least once a month the environmental intelligence, including conversations with prisoners in his place of residence or stay, 2) request from the offender telephone contact at least once a month.

§ 10. In relation to the offender a qualifying venture group (C) the judicial trustee shall, in particular, to: 1) maintaining close cooperation with the police in order to obtain and exchange information in compliance with the legal order by the accused, 2) carry out systematic environmental interviews, including interviews with prisoners in his place of residence or stay, 3) systematic summon the accused to appear at the headquarters of the judicial service probation team in order to provide further explanations as to the course of the supervision and implementation of the imposed obligations and also, if necessary, submit appropriate documents proving execution of duties, 4) request from the offender telephone contact at least 2 times a month, 5) perform on the offender, who was obliged to refrain from alcohol abuse or use of narcotic drugs or psychotropic substances, or on the offender, which in the course of supervision is showing signs of addiction, a random test for the presence of alcohol in the body, of narcotic drugs or psychotropic substances using methods that do not require laboratory examination, 6) and systematically keep in touch with the relevant associations, institutions and social organizations involved in the social assistance, through work, treatment, the effects of therapeutic or other forms of action that can be useful in troubleshooting problems that are not conducive to rehabilitation and control of sample period.

§ 11. The judge or team manager judicial services probation may in particularly justified cases specify the Court curator professional, and the Court curator, another frequency and form of contact with the prisoners.

Article. 170. [supervise] § 1. Exercise of supervision is entrusted to the Court curator District Court in whose jurisdiction the measure is or is to be executed.

§ 2. Supervise may also be entrusted to the Association, organization or institution to which the activity should be a concern for education, prevention of corruption or help prisoners, or trustworthy person; entrusting supervision takes place at their request or with their consent.

Article. 171. [Court Curators] § 1. Curators are professional curators and social courts.

§ 2. The task of the probation officer, as well as other persons, associations, organisations and institutions engaged in supervision is to help in the redevelopment of the social offender. The strict control of the exercise by the sentenced imposed on him responsibilities and aims at raising impact and prevent the return of the crime.

Article. 172. [obligations of the probation officer] § 1. Guardian, entrusted with the supervision of prisoners, should establish a contact without delay and to inform him about his duties and privileges.

§ 2. Curator of the Court is obliged to submit regular reports to the Court on, in particular, has the obligation to immediately notify the Commission of the offence or the offender at Court by another blatant violation by the legal order.

§ 3. In the case of entrusting supervision to the accused for an offence of violence or threat of unlawful judicial professional curator sends police to the habitual residence of the offender, information on the return of the offender under the supervision and the completion of supervision in a manner other than as a result of the expiry of the period of probation.

§ 4. The report, referred to in § 2, the Court shall submit to the probation team manager professional curator service, and then consists of the Court.

Article. 173. [activity legal guardian professional] § 1. The Court curator professional organizes and leads efforts to help the offender in social re-adaptation and prevent its return to crime, as well as involving the control of compliance by the accused imposed obligations laid down by the Court or related to supervision; Court judicial social curators work guided by a professional curator and people trust carrying out supervision. On the supervision performed by the legal guardian society, judge or team manager probation services of the Court may at any time order the personal exercise of supervision by the legal guardian or the Court to take steps without delay to the professional curator to recommend.

§ 2. The duties of a legal guardian professional, in particular: 1) the celebration of the dozorów in relation to the offender or the offender, 2) control during the execution attempt by the offender or perpetrator imposed on him responsibilities, 3) submission of applications for a change of the period in matters relating to the execution of conditional release 4) submission to take proceedings conditionally written off,


5) submission of applications for the establishment, extension or change of duties during the trial, for an exemption from the implementation of these obligations or placing under supervision or release from supervision, 6) submission of applications for deferment or a break in the execution of the sentence or appeal the postponement or interruption of the execution of the penalty, 7) submission of applications for conditional release and parole reference 8) submission of applications for the enforcement of a sentence whose execution conditionally suspended, and for the enforcement of penalties, 9) submission of proposals for the implementation of the penalty of restriction of liberty, 9a) submission of applications for the suspension, and the need to adjudicate, 10) assisting the victim, 11) participation in meetings of the Court, in the cases referred to in the Act, 12) taking steps to prepare the offender for release from prison, 13) at the request of the competent authorities the enforcement procedure environmental interviews 14) perform actions associated with organizing and controlling the execution of the penalty of restriction of liberty, 15) other activities under this Act and the provisions of separate.

§ 3. In the event of the circumstances referred to in article 1. 156 paragraph 1 and 2 or article. 160 § 1 paragraph 2 – 4 of this code, and in the article. 68 paragraph 2 or article. 75 § 2 of the criminal code, the Court curator professional may withdraw from the submission of the relevant application, referred to in § 2 paragraph 4 and paragraphs 6-8, if the appeal for this type and level of infringement to justify the belief that despite the withdrawal of the request, the objectives of the measure related to submission to the offender or the offender's trial will be achieved.

§ 4. In the case referred to in § 3, judicial guardian Professional provide the offender or the offender a written warning, which indicates the type of violation and informs him of the consequences of non-compliance with the warnings. A copy of the notice shall forward to the Court.

§ 5. If after the award of the offender or the offender a written warning there are circumstances specified in the provisions referred to in § 3, judicial guardian professional shall submit to the Court a request referred to in § 2 paragraph 4 and paragraphs 6 – 8.



Article. 173A. [powers of legal guardian professional research to the presence in the body of alcohol, narcotic] § 1. The Court may require the professional curator sentenced or perpetrator put under supervision or obliged to refrain from alcohol abuse or use of narcotic drugs or psychotropic substances to be tested for the presence of alcohol in the body, of narcotic drugs or psychotropic substances, using methods that do not require laboratory examination, as well as such studies performed.

§ 2. Review of the tests referred to in § 1, made using methods that do not require laboratory tests, may take place by means of laboratory tests.

§ 3. The Minister of Justice shall determine, by regulation, how to test for the presence of alcohol, narcotic drugs or psychotropic substances in the body, condemned or the offender given under supervision or obliged to refrain from alcohol abuse or use of narcotic drugs or psychotropic substances, their documentation and verification, bearing in mind the need to ensure the smooth execution of the tests and to guarantee the reliability of their results.



Article. 173b. [activities of organizing and controlling the execution of penalties, criminal measures and safeguards on electronic surveillance] § 1. Activities of organizing and controlling the execution of penalties, criminal measures and safeguards on electronic surveillance shall be entrusted to the Court of that Court, professional curator to the punishment or measure or to be executed.

§ 2. The task of the legal guardian Professional is to help in the redevelopment of the social offender. The strict control of the exercise by the sentenced imposed on him responsibilities and commands is to impact education and preventing the return of the crime.

§ 3. The Court curator, entrusted with the tasks referred to in paragraph 1, shall immediately contact with the prisoners, informing him of his responsibilities and privileges.



Article. 173c. [requests and notification of any breach by the offender of the legal order or imposed on the accused the obligation] at run time penalties on electronic surveillance court curator professional consists of applications and shall immediately notify the Court of any breach by the offender of the legal order or imposed on the accused the obligation, in particular, of the Commission of a crime or tax offence convicted by.

Article. 174. [activity legal guardian social] To scope of legal and social Superintendent shall in particular: 1) visiting the people concerned, their place of residence or stay, including in prisons, and to contact with their family, 2) request the necessary information and explanations from the people during the trial, covered by surveillance or those for which provisional duties, 3) interact with the relevant associations , organizations and institutions to improve the living conditions and health, employment and training of persons concerned regulations, 4) interaction with the administration of prisons in terms of preparing convicts for release 5) reviewing court records and preparation of them in connection with the performance of the actions ordered by the Court, 6) interviews and collecting the necessary information from the authorities of the Government, local government , establishments, associations, organisations and institutions, 7) taking other steps necessary for the proper execution of penalties, criminal measures, safeguard measures and compensatory and forfeiture, as well as control the execution of compensatory measures, 8) granting a convicted other relevant assistance.

Article. 175. [obligations of the organisation exercising supervision] § 1. Associations, organisations and institutions entrusted with the exercise of supervision, shall, in particular, to: 1) without delay, designate a representative to perform activities related to surveillance and the provision of help in the correct their performance, 2) maintenance, by the designated agent, the necessary contacts with the Court and the Court curator, 3) ensure that the designated representative performed properly conferred on activities related to the surveillance of and represented the Court regular reports about the behaviour of the offender during the trial.

§ 2. To trustworthy and representative associations, organisations and institutions shall apply mutatis mutandis to article. 174, unless the law provides otherwise.

§ 3. To representative associations, organisations and institutions shall apply mutatis mutandis to article. 169b, art. 172. 173 § 2 paragraph 1 – 5, 7, 8 and 12, unless the law provides otherwise.



Article. 175a. [a lump sum for supervise] § 1. The President of the competent court shall grant the Association, organization or institution, which was entrusted to supervise, at the request of their representative, monthly flat rate for reimbursement of expenses incurred in connection with the oversight, supervision to 20. day of each month following the month of supervision.

§ 2. A lump sum for the celebration of the one supervision ranges from 4% to 8% of the base amount fixed for judicial professional curators on the basis of the provisions of the State budgetary sphere compensation shaping.

Article. 176. [Delegation] the Minister of Justice shall determine, by regulation, the manner and mode of actions by the curators, associations, organisations, institutions and persons worthy of trust, entrusted with the exercise of supervision, as well as how and execution mode used surveillance in connection with the orzeczonymi penalties, penal, protection, and preventive and appoint representatives by associations, organisations and institutions, taking into account the need to qualify the people, to which the supervision , a particular risk group return to crime, the need for effective enforcement of judgments of the Court, to prevent the return of the offender to crime and support his social rehabilitation.



Section 2 and the obligation of Art. 177. [Conditional remission of criminal proceedings] § 1. In matters relating to the implementation of a decision on conditional withdrawal of criminal proceedings the competent court is that of the case ruled in the first instance, however, in relation to a person placed under supervision, on issues related to the implementation of this measure and the responsibilities associated with the period of the trial, the District Court in whose district supervision is or is to be executed.

§ 2. By a decision on conditional withdrawal of criminal proceedings against the offender, which has not been put under supervision or obliged to perform duties associated with the period of the trial, the Court shall apply accordingly article. 14. Division 3 Conditional suspension of enforcement of a sentence


Article. 178. [Conditional suspension of the enforcement of the sentence] § 1. In matters relating to the enforcement of the conditional suspension of the execution of penalties and on the order of execution of suspended sentence, the competent court is that of the case ruled in the first instance, however, in relation to persons sentenced by a Court of law remains under the supervision of the competent is the District Court in whose jurisdiction the custody is or is to be executed.

§ 2. By a decision on conditional suspension of the penalty in relation to the accused by the Court, which has not been put under supervision or obliged to perform duties associated with the period of the trial, the Court shall apply accordingly article. 14. § 3. At a meeting of the order of the execution of punishment has the right to take part, the Prosecutor, the sentenced and his Defender, and when the condemned was put under supervision or obliged to perform duties associated with the period of the trial, the Court also curated by a professional, as well as a trustworthy person or a representative of the Association, organization or social organization, referred to in article 1. 73 § 1 of the criminal code, which was entrusted with the execution of supervision.

§ 4. Before the adoption of provisions concerning the shortening of the penalties referred to in article 2. 75 § 3a of the criminal code, the Court shall hear, as far as is possible, the accused and legal guardian. The meeting has the right to take part also the Prosecutor.

§ 5. The provisions of the order for enforcement of the sentence pursuant to article 114. 75 § 2 and 3 of the Criminal Code shall become enforceable upon implementations.

§ 6. The provision in the Ordinance, enforcement of the sentence and its reduction based on art. 75 § 3a of the Criminal Code shall be entitled to appeal.



Article. 178a. [complaint against the order made on the basis of article 74 § 2 and article 75a § 1 and 5 of the criminal code] the provisions issued pursuant to art. 74 § 2 and art. 75A § 1 and 5 of the Criminal Code shall be entitled to appeal.



Chapter XII punitive measures, compensatory measures and forfeiture section 1 deprivation of public rights Art. 179. [deprivation of public rights] in the event of a judgment of deprivation of rights the court notifies the public: 1) competent for the last place of residence or domicile of the accused relevant authority public administration, 2) Office the President of the Republic of Poland, if the condemned has the order, award or title, 3) bodies and institutions, in which he was sentenced last functions covered by the loss, 4), the competent authority in matters of universal obligation to defend, in the records of the convicted is listed.



Article. 179a. [complaint against the order made on the basis of article 84 § 1 of the criminal code] an order made pursuant to art. 84 § 1 of the Criminal Code concerning the recognition of public deprivation of rights have made a complaint.



Section 2 prohibition, injunction and the obligation of Art. 180. [decision of prohibition of the occupancy of the specified positions or carry out a particular profession] in the event of a decision the prohibition on taking up a particular position or carry out a particular profession, the Court shall send a copy of the judgment to the competent authority of the Government or local authorities and employers or institutions, in which the condemned is non-position or performs the non-occupation. If convicted he is managerial or other responsible position, the Court shall send a copy of the judgment also proper parent unit. In an extract of the judgment does not disclose the data of the victim.

Article. 181. [the prohibition of a specific economic activity] in the event of a judgment of the prohibition of a specific economic activity, the Court shall send a copy of the judgment, the relevant authority of Government or local authorities, competent for the place of residence of the offender or for establishment of non-.

Article. Article 181a of the [under an obligation to refrain from being in certain environments or places] § 1. In the event of a decision the prohibition of residence in certain environments or locations, contact with certain persons, to specific people or leaving a specific place of residence without the consent of the Court, as well as the interim injunction to leave the premises occupied jointly with the aggrieved parties the Court shall send a copy of the judgment of the police, as well as the relevant authority of Government or regional or local authorities, competent for the place of residence of the offender.

§ 2. Supervision of the implementation of the prohibition of residence in certain environments or locations, contact with certain persons, to specific people or leaving a specific place of residence without the consent of the Court, as well as the interim injunction to leave the premises occupied together with the injured party is entrusted to the professional curator to court.

§ 3. In matters relating to the implementation of the prohibition of residence in certain environments or locations, contact with certain persons, to specific people or leaving a specific place of residence without the consent of the Court, as well as the interim injunction to leave the premises occupied jointly with the aggrieved parties the competent is the District Court in whose jurisdiction the offender's place of residence has been established.

§ 4. The provisions of article 4. 169 and 172 shall apply mutatis mutandis.

Article. 181B. [no trespassing on the party mass] § 1. In the event of a decision to ban the party, the Court shall send a copy of the judgment to the Commandant, powiatowemu (District Court, urban) police, competent for the place of residence of the offender.

§ 2. (repealed).

Article. 181c. [Send a copy of the judgment] in the event of a decision to ban gaming establishments and participation in gambling, the Court shall send a copy of the judgment to the competent Minister of public financies and Commander powiatowemu (District Court, urban) police, competent for the place of residence of the offender.

Article. 182. [driving ban] § 1. In the event of a decision the prohibition to drive, the Court shall send a copy of the judgment, the relevant authority of Government or regional or local authorities, competent for the place of residence of the offender. If convicted he vehicle by doing paid work, the judgment of the Court shall in addition, the employer, in which the condemned is employed.

§ 2. The body was sent to the judgment containing the driving ban, is obliged to revoke their conduct on and can not issue these powers during the period of the prohibition.

Article. 182A. [driving ban non-alcoholic lock] § 1. If the driving ban was executed for a period of at least half of the stated dimension, and in the case of prohibition of vehicles issued pursuant to art. 42 § 3 or 4 of the criminal code for a period of at least 10 years, the Court may order the further implementation of this measure in the form of a prohibition of vehicles not fitted with a lock on alcohol, referred to in article 1. 2 paragraph 84 of the Act of 20 June 1997-Law on road traffic (OJ of 2012.1137, as amended), if the attitude, properties and personal conditions and the behaviour of the offender during the period of performing the measure justify the belief that driving the vehicle by that person threatens the safety of not in communication. Provision of art. 182, paragraph 1 shall apply mutatis mutandis.

§ 2. In the case of a court judgment to continue the performance measure in the form of prohibition of vehicles not fitted with a lock, a ban on alcohol that does not apply in the case of vehicles used for driving lessons and examinations, if convicted is a placement fails or egzaminowaną as provided for the provisions of the law of 5 January 2011 on the leading vehicles (OJ of 2015 item 155), or the Act of 6 September 2001 on road transport (OJ of 2013.1414 , as amended. d.).

§ 3. If convicted, grossly violated legal order with regard to road safety, in particular, has committed a crime against the security of the communication, the Court may rule on the repeal of how to perform a prohibition of vehicles as referred to in § 1. Provision of art. 182 shall apply mutatis mutandis.

§ 4. On order of the Court of appeal referred to in § 1 and 3, shall be entitled to appeal.

Article. 183. [notice of the decision of the prohibitions] If convicted, in connection with the exercise of each profession or conduct a specific business activity, to the professional body of the Association, Union or guild or other economic organization, the Court shall notify it of the decision banning the profession or the conduct of a specific economic activity.



Article. 183a. [indication of the minimum distance from the non-protected persons to approach them and to define the term execution of the periodically leave the premises occupied together with the victim] § 1. If you have not been held for this in its judgment, the Court specifies the intervals at which the convicted has to report to the police or another designated authority, indicates the minimum distance from the non-protected persons to approach them and set a deadline for the implementation of the interim order to leave the premises occupied together with the victims.

§ 2. On order of the Court shall be entitled to appeal.

Article. 184. [start date of execution measure] by submitting a copy of the judgment, in which the Court held a criminal measure listed in this branch office or branch office 1, or notice of the procedures for such a measure, the Court shall on the basis of the content of the judgment, the starting date from which to count the period of execution of the measure.


Article. 185. [Decisions of employers] an employer or the institutions listed in article 1. 180 and 181 shall take appropriate decisions and shall immediately notify the Court that where irregularities are orders to remove them.

Article. 186. [the application of the provisions of the Act] if the offender uses article. 72 § 1 of the criminal code, the provisions of article 4. 180 and 181 shall apply mutatis mutandis.



Article. 186A. [complaint against the order made on the basis of article 84 § 1 of the criminal code] on the order, issued on the basis of article. 84 § 1 of the Criminal Code concerning the recognition made an order or prohibition shall be entitled to appeal.



Branch 3 Forfeiture Article. 187. [execution of the forfeiture or exemplary] § 1. The Court immediately after the judgment becomes final shall send a copy thereof or extract to the Office of the tax authorities, the competent due to established the Court of first instance, in order to implement ordered forfeiture or punitive to the Treasury.

§ 2. Subject to forfeiture of the subject property, or its equivalent to become the property of the State Treasury as soon as the judgment has become final, and in the case of bringing a court action, referred to in article 1. 293 § 7 of the code of criminal procedure – the time when the judgment dismissing an action against the State Treasury.

Article. 188. [Gain possession of property components] § 1. By forfeiture, the IRS takes possession of the assets listed in the judgment.

§ 2. By following the forfeiture of items, the equivalent of such items, the benefits achieved from crime or the equivalent of such benefits, the tax office, if necessary, shall determine the components of the property subject to forfeiture, before taking over.

§ 3. Prior to the acquisition of the components of property, referred to in § 1 or 2, the tax office has no obligation to advance summon people, in which they are located, to their release.

§ 4. Seized real estate tax Office passes in the Management Board to the competent authorities of the public administration.

§ 5. Taken over movable, receivables and other property rights tax office spienięża according to the regulations on the execution of cash benefits in enforcement proceedings in administration.

§ 6. Seized items of historical value, scientific or artistic spienięża when indicated by the provincial State Museum conservator, library or archive do not agree on their charge for acquisition.

Article. 189. [forfeiture of membership] forfeited the main also includes membership of this stuff, unless otherwise follows from the judgment.

Article. 190. [addressing the claims] § 1. Ordered the forfeiture shall not affect the rights in rem forfeiture of property components covered by consuming limited, with the exception of mortgage and pledge that expire, and claims these rights are subject to reimbursement to the amount obtained from the monetization of components or their values, if not be cashed out and cannot be destroyed.

§ 2. Satisfaction of a creditor whose claim is secured by a mortgage or lien, if the pawn is not subject to spieniężeniu, followed by the assessment of real property or the subject of the pledge. Estimation of the real estate, according to the regulations for enforcement of the real estate tax office instructs the court bailiff.

Article. 191. [the basis of disclosure of the Treasury as the property owner] § 1. The basis for the disclosure of the Treasury as the owner of the property in the land register and the basis for the deletion of incriminating her mortgages is the decision on the application of the forfeiture, which applies to this property.

§ 2. In the event of a lawsuit filed by a third party of an exemption from the property forfeiture, ownership of the entry in the land register of the Treasury can take place after the final dismissal of the action.

Article. 192. [set aside the judgment of forfeiture] section 1. Should the decision on forfeiture, the donation or things as a result of the transferred claims assets taken over during the execution of the forfeiture asks holder. In the event of inability to return the State Treasury is responsible for the damage, which has suffered.

§ 2. The person returns to items subject to forfeiture or pay compensation under the responsibility referred to in paragraph 1, is required to reimburse the Treasury the sum paid to creditors on the basis of article. 190 to the amount of the value of returned components property or compensation. If the property shall be reimbursed, the debt the Treasury is secured by mortgages forced in the land register maintained for the real property. The basis for the entry is the freezing order, issued by the tax authority.

§ 3. To the extent not regulated by this Act, referred to in paragraph 1, the provisions of the civil code.

Article. 193. [Edition items] § 1. If it was held in the forfeiture of items attached to the case file or stored in the judicial review, the court evidence store, it seems these items to the competent authority of the tax authorities.

§ 2. If it was held in the forfeiture of items secured and cast for safekeeping, the Court will order the institution or person to which these items was given for safekeeping to released them to the competent authority the tax authorities.

Article. 194. [Delegation] the Minister of Justice may determine, by regulation, a list of items that in the event of a decision their forfeiture shall be made directly to other authorities than the enforcement authority is mentioned in the article. 187, bearing in mind in particular the property of these bodies and the nature of the items subject to the transfer.

Article. 195. [the destruction of items] if the value of the items, which the forfeiture has been ordered, is insignificant, the Court leaves them in the case file or manages their destruction. Of the actions of destruction shall be drawn up.

Article. 195a. [obligation to compensate for damage] § 1. If one provision of the absorber is threatening fine and forfeiture of the obligation to compensate for damage or compensation for harm suffered, cash benefit, guardian or enforcement costs in criminal proceedings, the Court or the Prosecutor who issued that order, may order its execution in whole body referred to in article 4. 187. § 2. In the case referred to in § 1, if the forfeiture has been declared, the tax office also carries out enforcement of the sentence handed down at the same time fine and awarded from condemned court costs and enforcement issued the obligation to compensate for damage or compensation for suffered harm, sickness or punitive.



Article. 195b. [the correct use of] the provisions of this section shall apply mutatis mutandis to the execution of judgments, referred to in section 66 d shipborne code of criminal procedure.



Division 4 compensation, redress, injunctive relief and cash benefit Article. 196. [Message writ] § 1. In the event of a judgment the obligation to compensate for damage or compensation to the person who did not participate in the case, punitive or cash benefit, the Court, of its own motion and without charge, sends enforcement victim or other person entitled.

§ 2. When dividing the sum obtained from enforcement-claims arising from the obligation to compensate for damage, punitive or cash benefit subject to meet in order for the creditors, who ran the execution, according to the provisions of the code of civil procedure, except that due to the nature of the duties shall be subject to the satisfaction of a higher order.

Article. 196a. (repealed).



Branch 5 administration of the judgment to the public Art. 197. [method of Administration to the public] § 1. The Court determines the method of administration of the judgment to the public, if this is not specified in the judgment.

§ 1a. If the method of administration of the judgment to the public was not specified in the judgment, the Court may rule on the administration of the judgment to the public by placing a copy of the judgment or an extract from the judgment, with reference to the legitimacy, on the public information Bulletin of the Court.

§ 2. To order the fed to the public prosecutor and the offender and his Defender, as well as the aggrieved, even if it was not a party in the process, the complaint.

Article. 198. [Send a copy of the judgment to the Editorial Board of the journal] § 1. In the event of a decision to provide to the public through advertisement in the journal, the Court shall send a copy of the judgment or an extract from the judgment, with the reference concerning the validity of, the editor referred to in the judgment of magazines, with the print in one of its numbers.

§ 2. Editors of the magazines has a duty to inform the Court about the command by sending at the same time, a copy of which contains the advertisement; in the event of irregularities, the court orders to remove them.

Article. 199. [command enforcement] § 1. In the event of a decision to provide to the public in another way, the Court-in accordance with the wording of the judgment-it seems the appropriate command should be at the same time, by whom a copy of the judgment or an extract from the judgment with the mention of legitimacy.

§ 2. He who has command is required to be done in time, place and in the manner specified by the Court and shall immediately notify the Court that if you notice irregularities orders to remove them.



Chapter XIII precautionary measures


Article. 199a. [jurisdiction in proceedings relating to the implementation of safeguards] § 1. Court which delivered the judgment at first instance is competent to rule on precautionary measures on the principles set out in chapter X of the criminal code.

§ 2. Court which delivered the judgment at first instance jurisdiction in proceedings relating to the implementation of security measures, with the exception of the electronic control.

§ 3. On order for detention shall be entitled to appeal.



Article. 199b. [request for decision, the amendment or repeal of detention] § 1. Reference for a preliminary ruling, the amendment or repeal of the measure may be filed also the Manager of the prison, head of the mental institution or Manager of the entity, in which the perpetrator is the therapy or drug therapy.

§ 2. Before the ruling, alteration and repeal the precautionary measure, the Court shall hear: 1) psychologist, 2) in the cases of people niepoczytalnych, with limited sanity or personality disorders or if the Court considers it appropriate, in addition, a physician psychiatrist, 3) in the cases of people with sexual preferences – the experts referred to in paragraph 1 and 2 and doctor sex therapist or psychologist sex therapist.

In cases of addicts you can also listen to an expert on addiction.

§ 3. The meeting has the right to take part, the Prosecutor, the suspect or his defender and the applicant referred to in § 1.

§ 4. You can leave without consideration the application for the amendment or repeal of the measure, if the release of the previous decisions on this subject have passed less than 6 months, and the applicant has not indicated the new circumstances which are relevant for the decision.



Article. 200. [psychiatric] § 1. By psychiatric establishment, referred to in article 2. 93A paragraph 1 paragraph 4 of the criminal code, it is understood the medicinal entity providing healthcare services in psychiatric care.

§ 2. Psychiatric establishments referred to in paragraph 1, may be organized as bets with conditions: 1) Basic, 2) security, 3) maximum security.

§ 3. (repealed).

§ 3a. Psychiatric establishments carrying out security measure in the form of placement in a psychiatric establishment to the perpetrators referred to in article 1. 93c, paragraph 3 of the criminal code, are organized as bets with conditions reinforced security.

§ 3b. Security measure in the form of therapy where appropriate to the offender referred to in article 1. 93c, paragraph 3 of the criminal code executes in the entities.

§ 4. (repealed).

§ 5. Establishments referred to in § 2, paragraph 3, shall be subject to the Minister competent for health.

Article. 200A [Psychiatric Facility with conditions of maximum security] To mental institution with conditions of maximum security is guided by the offender, if: 1) the repetitive behavior threatening the life or health of others or causing the destruction of items of significant value cannot be mastered in a closed psychiatric establishment with conditions reinforced security, 2) it is not possible to prevent spontaneous loosening the excitement with a closed psychiatric establishment with reinforced the terms of the security of the offender , posing a significant threat in the outside community.

Article. 200B. [Establishment with conditions reinforced security] To mental institution with conditions reinforced security is guided by the offender, if: 1) his behavior threatening the life or health of others or causing the destruction of items of significant value cannot be mastered in a psychiatric establishment, with the basic conditions, 2) it is not possible to prevent spontaneous loosening up the excitement from the mental institution, with the basic conditions of the offender, posing a threat outside.

Article. 200 c. [Establishment with basic terms] To mental institution with the terms of the basic security is guided by the offender, who does not qualify for a mental institution, referred to in article 2. 200A and in art. 200B. 201. [psychiatric Commission for precautionary measures] § 1. In order to ensure the proper place of the precautionary measures referred to in article 1. 200 § 1 and 2, the competent minister of health appoints psychiatry for precautionary measures.

§ 1a. The tasks of the psychiatric Commission for precautionary measures: 1) issue opinions to the competent courts or other authorized institutions on the receiving, unsubscribing, or move the offenders, which was held in the execution of detention in psychiatric establishments, 2) the analysis of the available documentation, including medical records, to the extent specified in paragraph 1, 3) the analysis of the information about the number of available places in psychiatric establishments intended for the execution of precautionary measures 4) visitation and assessment of psychiatric establishments with basic conditions, and maximum security, which is a precautionary measure.

§ 2. By the decision to apply a preventive measure related to location in a psychiatric establishment, referred to in article 2. 200 § 1, the Court, after consulting the Commission psychiatric for precautionary measures, specifies the kind of the plant and shall send a copy of the judgment, together with the command to bring the offender to the competent for the place of residence of the offender police or to the competent authority of the military, and a copy of the judgment and command bringing together with adoption – Manager indicated the plant. The Manager indicated mental institution provides transportation for corresponding to the requirements specified for the emergency medical team, after notification by the competent body of the police or the competent military body of the place, date and time of the intended transport.

§ 2a. (repealed).

§ 2b. In the case of a direct offender for a therapy or drug treatment court shall send a copy of the judgment to the head of the entity.

§ 2 c. (repealed).

§ 2d. (repealed).

§ 3. If the offender is present in the prison or in police custody, bringing the Court shall send to the Director of the establishment or detention, accompanied by a copy of the judgment.

§ 3a. For an opinion referred to in section 2 of the members of the Commission shall be entitled to compensation and reimbursement of incurred expenses on the principles referred to in article 1. 618f of the code of criminal procedure. The members of the Commission shall be entitled to reimbursement of the cost of travel to meetings of the Commission, on the principles set out in the provisions on business travel within the country.

§ 4. The competent Minister of health, in consultation with the Minister of Justice, determines by regulation, 1) mode of appointment and dismissal of the members of the Commission for the psychiatric security measures, its composition and the way it works, and how to deal with activities carried out by the Commission papers, 2) rules of organizational and security measures execution sequence 3) psychiatric security conditions for the execution of the measure referred to in article 1. 200 § 2 – whereas the proper implementation of the Commission's tasks, subjecting the offender in a psychiatric the competent or appropriate methods of therapeutic, behavior of the offender that threaten life and health to its own and other persons or causing destruction of items of significant value and to prevent spontaneous loosening to the excitement of the offender from the plant.

§ 5. The competent Minister of Health announces by way of a notice in the official journal of the Republic of Poland "Polish Monitor" lists: 1) psychiatric establishments designed to perform a preventive measure against the perpetrators referred to in article 1. 93c paragraphs 1-3 of the criminal code, including psychiatric establishments designed to perform a preventive measure in the form of stay in psychiatric, issued to convicts for crimes against sexual freedom, subject to the conditions referred to in article 1. 200 § 2, together with the number of beds, 2) medical entities designed to perform therapy to the perpetrators referred to in article 1. 93c of the criminal code in respect of the activities of fixed, together with the number of beds.

§ 6. (repealed).

Article. 202. [management, psychotherapeutic, or rehabilitation], to which it is a precautionary measure, includes the appropriate proceedings, psychoterapeutycznym, rehabilitation or resocjalizacyjnym, whose goal is to improve the State of his health and behavior for the functioning of society in a manner which presents risks of the legal order, and in the case of an offender in a psychiatric – and further treatment besides.




Article. 202A. [at psychiatric] § 1. At psychiatric ordered to perpetrators, referred to in article 1. 93c paragraph 2 of the criminal code, before the imprisonment, during a break in the execution of the sentence or after its execution. Exemption from court on the basis of the results of treatment.

§ 2. The Court shall include on the penalty period of stay condemned in the plant. The offender can be conditionally exempt from the completion of the rest of the penalty, if the conditions referred to in article 1. 77-79 of the criminal code, and the results of treatment for this appeal; supervision is mandatory.



Article. 202B [period of attempts, putting in prison] § 1. Holding therapy or drug therapy to the offender referred to in article 1. 93c item 5 of the criminal code, which is released from the mental institution or penitentiary, the Court shall fix the period of trials on time from 6 months to 2 years of age and the offender under the supervision of a guardian or a trustworthy person, associations, institutions or social organization, to which the activity should be a concern for education, prevention of corruption or help prisoners.

§ 2. The Court may order the re-insertion sentenced in prison, if convicted in a period of trying to evade from submit to therapy or drug therapy, shirking guardian supervision, commits an offense or grossly violates legal or organisational chart of the entity.

§ 3. If during the tests and in the subsequent 6 months do not require relaying the offender in prison, the penalty shall be deemed to be missed with the expiry of the period of probation.

Article. 203. [review of the health status of the offender] § 1. Head of the mental institution in which performs a security measure, not less frequently than every 6 months forward to the Court its opinion on the State of health of the offender in this plant and of the progress made in the treatment or therapy; the opinion is obliged to submit, without delay, if in connection with the change of the State of health of the offender finds that his further staying in the establishment is not necessary.

§ 2. The Court may at any time request reviews health and used the treatment or therapy, and the results thereof to the offender in a facility referred to in § 1.

§ 3. For opinions referred to in § 1 shall not be entitled to remuneration.

Article. 204. [the decision to continue the use of detention] § 1. If the offender was sentenced at a psychiatric, Court, not less frequently than every 6 months, the rules concerning the continued application of the measure, and, in the case of obtaining reviews that keep the offender in a facility is not necessary-without delay. If necessary, the Court shall seek the opinion of other experts.

§ 2. In the meeting on the further application of the offender in a psychiatric compulsory is part: 1) Prosecutor, 2) for cases referred to in article 1. 8 § 2 unless the Court rules in favor of or in accordance with a request from the offender.

§ 3. Ruling on his release from the mental institution, the Court found that there are grounds for the adoption of the offender to the nursing home within the meaning of the Act of 19 August 1994 on the protection of mental health (Journal of laws of 2011 # 231, poz. 1375), it shall inform the competent body for social assistance.

§ 4. Provision of section 1 shall apply mutatis mutandis, if the offender was sentenced to another precautionary measure, except that the Court shall order the further application of this measure shall not less frequently than every 12 months.

Article. 204a. [the use of coercive measures direct] To the offender in a psychiatric coercive measures may be used directly on the basis of, and in the manner specified in the regulations for the protection of mental health.

Article. 204B LCD [controlling the items held by the perpetrators] in psychiatric establishments referred to in article 1. 200 § 2 paragraph 2 and 3, shall be permitted to control the items held by the perpetrators and the premises in which they are staying. The provisions of article 4. 116 § 4-6 shall apply mutatis mutandis.

Article. 204c. [personal contacts the offender] personal contacts of the offender while in a psychiatric establishment, referred to in article 2. 200 § 2 paragraph 2 or 3, the visitors can take place only with the consent of the managers of these establishments. You can refuse to give such consent, in particular when these contacts increase in the risk of dangerous behavior.



Article. 204d. [Authorization for temporary stay outside under the care of a family member or a trusted person] § 1. Perpetrator residing in the psychiatric establishment, referred to in article 2. 200 c, you can grant an authorization for temporary stay outside under the care of a family member or a trusted person, if this is justified on therapeutic or important family reasons, and the danger that the offender residing outside commits criminal act or threaten their lives or health, is negligible.

§ 2. The authorisation shall be granted for a period not exceeding 3 days. In exceptional, justified cases, may be granted a residence permit for a period not exceeding 7 days.

§ 3. Authorisation shall be granted plant manager after obtaining the opinion of the treating physician. Grant Manager of the establishment shall immediately inform the Court.

§ 4. If the offender does not return to the mental institution, referred to in article 2. 20 ° c, with the expiry of the period for which authorisation has, the Court immediately manages its search and detention by the police and to bring to the plant. Offender brings the police, accompanied by a doctor.

§ 5. The offender, who did not return to the mental institution, referred to in article 2. 20 ° c, with the expiry of the period for which authorisation has, you can grant temporary stay permits again outside not earlier than one year from the date of the return of the offender to the facility.

§ 6. The offender, who, while outside the psychiatric facility, referred to in article 2. 200 c, committed a criminal act or threatened his own life or health, is the authorisation for temporary stay outside.

Article. 205. [application of article 180-186 of the Act] to perform the stated title of the precautionary measure of prohibition or injunction referred to in article 2. 39 paragraph 2-3 of the criminal code, shall apply mutatis mutandis to article. 180-186.



Chapter XIV judicial Duties Article. 206. [Call to pay the court costs] § 1. The Court calls on the person liable to pay the court costs or a monetary penalty to their ordinal pay within 30 days, and in the event of ineffective expiry of this period, these receivables pulls in repossessions.

§ 2. In terms of breaking down HP and judicial duties relief shall apply mutatis mutandis to article. 49-51, with a period of rescheduling the monetary penalties ordinal may not exceed 6 months.

§ 3. The provisions of § 1 and 2 are applicable to the enforcement of a decision on: 1) nawiązce to the Treasury and to forfeiture, if the subject is a monetary amount, 2) nawiązce or the provision of funds for the victim support Fund and Victim Assistance – except that the period of rescheduling of these duties may not exceed 1 year.



Chapter XV Article detention. 207. [execution of detention] execution of detention serves the purposes for which this measure has been applied, and, in particular, securing the proper course of criminal proceedings.

Article. 207a. [the execution of detention] how to perform a temporary arrest may not violate procedural privileges temporarily arrested.

Article. 208. [Arrests of inquiry] § 1. Arrests of inquiry shall be subject to the Minister of Justice.

§ 2. Remand in custody.

§ 3. Arrests of inquiry can be created as jails or as extracted branches of. A few investigative detention centres may have a common administration or dedicated service.

§ 4. Of arrest investigators Director; one branch may direct to be Director of the leader.

§ 5. The Minister of Justice, by way of interlocutory procedures, creates and arrests of eliminated inquiry, having regard to the existing needs.

§ 6. The Director-General of the prison service specifies, by way of interlocutory procedures, detention centres, taking into account in particular the need to ensure and the rational use of accommodation for all temporarily arrested.

Article. 209. [the correct application of the rules] to carry out detention shall apply mutatis mutandis the rules relating to the execution of a sentence of imprisonment, with changes resulting from the provisions of this chapter.

Article. 210. [the rights and responsibilities of the person arrested] in adopting provisionally arrested person to detention must be immediately informed of the remedies available to him the rights and obligations it obligations and of the consequences resulting from the article. 139 § 1 of the code of criminal procedure and, in particular, to enable it to become acquainted with the provisions of this code and the rules of procedure of the organization-run order provisional detention and subjected to an appropriate medical examination and sanitary treatments.

Article. 211. [notice of detention] § 1. After the adoption of the temporarily arrested for detention without delay shall be notified to the authority to which the disposal of the temporarily arrested remains.


§ 2. Provisionally arrested shall have the right, immediately after you embed it in police custody, notify the nearest person at your site or any other person, Association, organization or institution, as well as their Defender. Provisionally arrested a foreigner has the right to notify the competent consular office or, in the absence of such an Office-appropriate diplomatic representation.

§ 3. Provisionally arrested shall be the date on which the date of application of the provisional arrest.

§ 4. Directly prior to release from detention the detainee was ordered to temporarily provide the relevant information to prepare him for life after release, including victim assistance, and of the institutions and bodies to provide the aid.

§ 5. Administration of detention shall provide zwalnianemu assistance in visiting any place or the place of residence or to the subject.

§ 6. (repealed).

§ 7. In the case of a referral to the enforcement of a decision on applying the safeguard measure referred to in paragraph 6 to persons temporarily arrested in another case, the execution of the measure follows after the repeal in this on the provisional arrest.

Article. 212. [Arrange remand] § 1. Provisionally arrested should be seated on remand in a way as to prevent their mutual demoralisation. In particular, you should separate the clean criminal record from previously taking a penalty involving deprivation of liberty and juveniles from adults, unless special educational considerations militate in favour of placing the adult with juvenile or juveniles. With the placement of remand in branch offices and residential purposes shall be taken into account, in particular: 1) the need to separate remand from convicted and remand the officers of bodies established to protect the public safety or the officers and employees of the prison service, employees of the judicial authorities and law enforcement from the other temporarily arrested, 2) need to ensure order and security on remand, 3) medical recommendations , a psychological and rehabilitation, 4) the need to shape the right atmosphere among remand, 5) the need to prevent samoagresji and the Commission of the crimes during the detention.

§ 2. With the placement of remand detention administration shall take into account the indication of the authority, to which there are aimed at securing the proper course of criminal proceedings and ensuring safety in custody.

§ 2a. Provision in § 2 shall apply mutatis mutandis to the convoying temporarily arrested.

§ 3. If you need to isolate the remand from each other, the body to which there are, shall inform the Director of the detention center.

Article. 212A. [Eligibility temporarily arrested] § 1. The Commission provisionally eligible prison arrested as posing a serious social threat or a serious threat to the security of detention and shall, at least once every 3 months, a decision in this regard. Of the decisions taken shall be notified to the authority to which the disposal of the temporarily arrested remains, and judge of the penitentiary.

§ 2. Provisionally arrested person, referred to in § 1, deposited in the designated branch office or cell detention in conditions which ensure increased protection of society and the safety of this detention, notifying them of the penitentiary judge.

§ 3. [13] when qualifying temporarily arrested as posing a serious social threat or a serious threat to the security of detention shall apply mutatis mutandis the provisions of article 4. 88a § 1 and 2.

§ 4. [14] (repealed).

§ 5. [15] Provisionally arrested person protected under the law of 25 June 1997 on the Crown witness you can embed, with his consent, in the branch office or cell, referred to in article 1. 88a § 3.

§ 6. [16] (repealed).

Article. 212B. [conditions of stay in the temporary custody of] § 1. In police custody temporarily arrested, referred to in article 2. 212A, is present in the following conditions: 1) residential purposes and places and spaces designated for: work, science, walking, visiting, celebration of worship, religious meetings and teaching religion and educational and cultural activities, physical education and Sport shall be equipped with appropriate technical security, 2) residential purposes are more controlled than those in which is deposited temporarily arrested, to which no decision referred to in article 1. 212A § 1, 3) temporarily arrested can learn, work, directly participate in worship, religious meetings and science of religion and educational and cultural activities, physical education and sport only at the Branch Office, in which it is embedded, 4) moving temporarily arrested after in detention take place enhanced surveillance and is only limited to essential needs, 5) provisionally arrested shall be subjected to personal checks every time you exit and return to his cell 6) walk temporarily arrested person takes place in designated places under reinforced surveillance, 7) personal contact representatives of the entities referred to in article 1. 38 § 1 of temporarily arrested specifies each time the Director of the detention center, 8) vision take place in designated places under reinforced supervision. When you use the available in a way that prevents direct contact with visitors temporarily arrested may not consume food and drink. May not take place in the presence of temporarily arrested, to which no decision referred to in article 1. 212A § 1, 9) provisionally arrested may not bring their own clothing and footwear.

§ 2. [17] Behavior temporarily arrested posing a serious social threat or a serious threat to the security of detention is subject to constant monitoring. Monitoring is carried out in residential purposes together with part of the intended for the purposes of sanitary-hygienic and in places and areas referred to in § 1 point 1. Picture or sound being monitored is perpetuating.

§ 3. [18] the provisions of art. Forex-Euro § 2 and 3 shall apply mutatis mutandis.



Article. 212ba. [Cover temporarily arrested special protection in terms of increased isolation and security] § 1. If, in connection with pending or completed criminal proceedings, in which temporarily arrested participates or has participated as a suspect, accused, witness or victim, occurred a serious threat or there is a direct concern of a major threat to his life or health, the Director of the detention center cover such temporarily arrested special protection in terms of increased isolation and security, in particular on: 1) control health , 2) providing psychological support, 3) permanent surveillance and censorship of correspondence, 4) conversations in the course of visiting.

§ 2. Special protection you can rely also on the application to temporarily arrested, referred to in § 1:1) conditions for the implementation of detention referred to in article 1. 212B, 2) personal protection within the meaning of the Act of 25 June 1997 on the Crown witness-with the consent of the arrested temporarily.

§ 3. The Director of the detention center includes temporarily arrested the special protection at the request of the Court before which proceedings are pending criminal proceedings, either the Prosecutor or to supervise the investigation. The application must state the reasons why the coverage temporarily arrested the special protection and to indicate its duration, not exceeding 3 months.

§ 4. The Director of the detention center can be extended temporarily arrested special protection for its reasoned request; the application must state the reasons why the coverage temporarily arrested the special protection and to indicate its duration, not exceeding 3 months. Before taking a decision, the Director of the detention shall consult the appropriate court or Prosecutor, referred to in § 3, and after criminal proceedings the judge reviews the penal system; until receipt of the opinion, the Director may provisionally apply to temporarily arrested the measures referred to in paragraph 1.

§ 5. In the decision taking provisionally arrested special protection, you must specify the date by which protection is expected to take, as well as indicate how implementation of this protection.

§ 6. If after the expiry of the deadline referred to in § 5, still there is a serious threat or there is a direct concern of a major threat to the life or health of temporarily arrested, special protection is extended for a further period; the provisions of § 3 and 4 shall apply mutatis mutandis. Decision to extend special protection should be given in a manner protecting the continuity of application of that protection.


§ 7. In the event of cessation of the cause of entry for temporarily arrested special protection, the Director of the detention center, at the request of the Court before which proceedings are pending criminal proceedings, either the Prosecutor or the supervising an investigation, revoke the special protection. In the case of the placing of the special protection temporarily arrested at his request, the withdrawal of special protection may be effected at the request of the temporarily arrested or of its own motion, after consultation of the appropriate court or Prosecutor, referred to in § 3, and after criminal proceedings the judge reviews the penal system.

§ 8. The decision on the special protection, as well as the decision to extend or withdraw its application shall be served on the detainee was ordered temporarily.

§ 9. The Director of the detention center shall notify the judge of the penitentiary on temporarily arrested the special protection of its renewal or revocation.

§ 10. Special protection is also used in the event of a transfer of the arrested temporarily to another detention center. The Director of the detention center, in which temporarily arrested is present, it shall inform the Director of the detention center, which temporarily arrested is to be moved, taking it to special protection and current how to protect and the reasons for its application. The Director of the detention center, which temporarily arrested was transferred, shall immediately notify the judge of the penitentiary on the application to temporarily arrested special protection.

§ 11. After criminal proceedings the competent authority for the submission of the Court or the public prosecutor, referred to in § 3 and 7, is judge the prison.

Article. 212c. [osobopoznawcze] paragraph 1. Provisionally arrested shall be tested osobopoznawczym, to the extent necessary for preventing mutual demoralisation temporarily arrested and ensure order and security in custody. If it is necessary to carry out tests of psychological or psychiatric, make them on the principles referred to in article 1. 83 § 1 and 2 and article. 84 § 3.

§ 2. About the order of psychiatric tests shall be the body to which the disposal of the temporarily arrested remains.

Article. 213. [execution of provisional arrest in medicinal entity] § 1. In the cases referred to in the code of criminal procedure remand is performed outside of arrest investigators in the treatment within the meaning of the medical activity indicated by the authority to which the disposal of the temporarily arrested remains. The Authority also specifies the conditions for placement of temporarily arrested in that subject.

§ 2. The cost of stay temporarily arrested in this entity shall be borne by the authority to which the disposal of the temporarily arrested remains.

Article. 214. [notice of using direct coercive measures] § 1. Except as provided in the provisions of this chapter, temporarily arrested uses at least with such powers, which have consisted of convenes imprisonment in an ordinary prison of closed type and does not apply to the restrictions other than those which are necessary to secure the proper course of criminal proceedings, maintaining order and safety in police custody and to prevent mutual demoralisation on remand.

§ 2. About the use of coercive measure or weapons against temporarily arrested shall be notified, without delay, the body to which there is arrested.



Article. 214a. [Provide health benefits in the presence of the officer niewykonującego medical profession] detainee was ordered Temporarily before the first qualification by the Commission penitencjarną or temporarily the detainee was ordered, as referred to in article. 212A § 1, the health benefits are granted in the presence of the officer niewykonującego medical profession. At the request of the person granting health benefits health benefits can be granted provisionally the detainee was ordered without the presence of officer niewykonującego medical profession.

Article. 215. [communication with counsel or representative] § 1. Provisionally arrested shall have the right to communicate with counsel, a delegate who is a lawyer or a legal adviser and a representative of the non-lawyer or legal advisor, which has been approved by the President of the Chamber of the European Court of human rights to represent the accused before the Court, in the absence of other persons, and by correspondence. If the authority to which the disposal of the temporarily arrested remains subject to the vision the presence of your or the person authorized is a vision in a manner specified by the competent authority.

§ 1a. In the case of temporarily arrested is a citizen of a foreign country, he has the right to communicate with the competent consular office or diplomatic representation, and, in the case of temporarily arrested a person having no citizenship-with a representative of the State in which he has a permanent place of residence, on the principles, referred to in § 1.

§ 2. The detainee was ordered to temporarily allow the preparation of the defence.

Article. 216. [using their own clothing and food] § 1. Provisionally arrested may bring their own clothing, underwear and footwear, unless it interferes with the order given on remand or oppose safety concerns or health considerations. Provisionally arrested may not have a means of communication, technical devices for recording and reproducing information, computer hardware, and, in addition, objects and documents that may hinder the proper course of criminal proceedings.

§ 2. Provisionally arrested may with the consent of the authority, to which there is, and the Director of detention use of food, pharmaceuticals and health received outside the detention center.

§ 3. Body to which the disposal of the temporarily arrested remains, may restrict or specify how to use by temporarily arrested the powers referred to in § 1 and 2.

Article. 216a. [Dress of the arrested person at the time of the procedural acts] § 1. At the time of the procedural acts, transport and in other justified cases, temporarily arrested uses its own clothing, underwear and footwear, unless they are inappropriate due to the season or destroyed or if the appeal against the security or authority with orders otherwise.

§ 2. Provision of section 1 shall apply mutatis mutandis to temporary active duty soldier arrested. At the time of the procedural actions it occurs in uniform, with signs of their degrees, and if you do not have the correct uniforms, uses a different own clothing, underwear and footwear.

Article. 217. [Vision] § 1. [19] Provisionally arrested may obtain vision after vision mandate Ordinance by the authority to which the disposal of the remains. In the case of temporarily arrested remains at the disposal of several organs, consent is required for seeing each of them, unless those authorities require otherwise.

§ 1a. Provisionally arrested, subject to section 1b, shall have the right to at least one view per month with this person.

section 1b. The refusal to consent to the vision, referred to in § 1a, can take place only when there is a reasonable risk that the vision will be used: 1) for the purpose of unlawful obstruction of the criminal proceedings, 2) to commit a crime, in particular incitement to crime.

§ 1 c. In order to refuse to consent to the vision temporarily arrested the person nearest, the detainee was ordered to temporarily and seeking vision for the nearest is entitled to appeal to the Court, to which there is temporarily arrested. A complaint against the order of the Prosecutor recognizes the Prosecutor.

§ 1 d. In the case of the maintenance of the contested order to refuse consent to the vision, the lodging of the complaint on the order to refuse consent to the vision temporarily arrested with the same person, issued within three months from the release of the remaining in force of the order, is unacceptable.

§ 1e. Minors may obtain a vision of temporarily arrested at the request of the legal representative.

§ 1f. A minor under 15 years using with temporarily arrested under the care of remaining at liberty legal representative or an adult person near, and if entitled to custody when not obtained consent for vision, does not want to or cannot use it – under the supervision of an officer or employee of detention designated by the Director of the detention center.

§ 2. Vision takes place under the supervision of the officer of the prison service in a way that prevents direct contact temporarily arrested with the visitor.

§ 3. Body to which the disposal of the temporarily arrested remains, may authorise the granting of vision in such a way that direct contact is temporarily arrested with the visitor.

§ 4. If you provide vision in such a way that direct contact is temporarily arrested with visitor, temporarily arrested can consume food and beverages purchased by visitors in the detention center. At the request of a visitor's view in a way that prevents direct contact with temporarily arrested.


§ 5. In the case of temporarily arrested, referred to in article 2. 212A, Director of detention shall inform the requested authority available temporarily arrested remains, of the existence of a serious danger to a visitor, and that it is necessary to grant vision only in a way that prevents direct contact with temporarily arrested.

§ 6. Body to which the disposal of the temporarily arrested remains, you may restrict or specify a temporarily use the arrested person of the right to contact the priests providing religious Ministry or others, if required by the need to ensure the proper course of criminal proceedings.

Article. 217a. [Correspondence temporarily arrested] § 1. To stop, censorship or surveillance of mail temporarily arrested person shall be the body to which the disposal of the temporarily arrested remains, unless this authority orders otherwise.

§ 2. If the authority to which the disposal of the temporarily arrested remains, no orders to stop, censorship or surveillance of mail temporarily arrested, these decisions may be taken by the Director of the detention center, which notifies the temporarily arrested, judge of the penal system and the authority to which the disposal of the temporarily arrested remains, of the reasons for her detention, censor or supervision. Provision of art. 105 section 4 shall apply mutatis mutandis.

Article. 217b. [Correspondence official temporarily arrested] § 1. Mail temporarily arrested shall be sent through the body, to which available temporarily arrested remains. In the case of temporarily arrested remains at the disposal of several bodies, his correspondence is sent to the authority, which order was introduced as the first, unless those authorities require otherwise.

§ 1a. Mail temporarily arrested with Defender or representative is a lawyer or solicitor shall be sent directly to the recipient, unless the body disposal temporarily arrested remains, in particularly justified cases, orders otherwise.

§ 2. Mail temporarily arrested with the Ombudsman, spokesperson for the rights of the child and those appointed on the basis of the Republic of Poland has ratified international agreements relating to the protection of human rights shall be sent directly to the recipient.

§ 3. Provision in § 2 shall apply mutatis mutandis to mail temporarily arrested with law enforcement, criminal justice and other State bodies and local self-government bodies, unless the body disposal temporarily arrested remains, orders otherwise.

§ 4. Correspondence referred to in § 1a-3, the administration of the detention shall be served temporarily the detainee was ordered, that the signature and the date of its reception confirmed. In case of refusal of confirmation makes reference to this letter or receipt.

Article. 217c. [consent to the use of the telephone] § 1. Provisionally arrested: 1) can use the telephone, subject to § 2 and 3, on the principles set out in the terms & conditions of organizational and ordinal position of the execution of detention, with the consent of the authority, to which there are 2) you may not use the other means of wired and wireless connectivity.

§ 2. Body to which the disposal of the temporarily arrested remains, it seems the order of consent for the use of the telephone, unless there is a reasonable risk that it will be used: 1) to the unlawful hinder criminal proceedings, 2) to commit a crime, in particular incitement to crime.

§ 3. In the case of temporarily arrested remains at the disposal of several organs, consent is required of each of them, unless those authorities require otherwise.

§ 4. In order to refuse to consent to the use of your phone temporarily the detainee was ordered to have the complaint to the Court, to which the disposal of the remains. A complaint against the order of the Prosecutor recognizes the Prosecutor.

Article. 217d. [permission to leave detention] detainee was ordered to temporarily Grant the authorisation referred to in article 2. 141A § 1, requires the issue of consent order by the authority to which the disposal of the temporarily arrested remains.

Article. 218. [Employment temporarily arrested] § 1. Provisionally arrested is required to perform work in the detention center; other work may be employed only with his consent. Employment outside the detention center requires in addition the issue of consent order by the authority to which the disposal of the temporarily arrested remains.

§ 2. Provisionally arrested employed a fee paid, less the amount of the deduction referred to in article 1. 125 § 1.

§ 3. Provisionally arrested may be with his consent employed of charge within the detention center.

Article. 219. [Regulation objects valuable] Provisionally arrested may dispose of held on remand the money, objects and other objects, including the money put into a bank account, unless the body disposal, orders otherwise.

Article. 220. [the amount exempt from execution] With financial resources obtained by temporarily arrested person not subject to enforcement amount to half of the average monthly salary of workers needed to cover the travel costs of the detention center to the residence and maintenance in the coming days after release. Provision of art. 126 shall apply mutatis mutandis.

Article. 221. [awards] § 1. The detainee was ordered temporarily Mariacki enforces internal order on remand and the principles laid down in the rules of organizational and ordinal position, perform detention may be awarded the prize.

§ 2. The prizes are: 1) the individual home cell, 2) additional or longer walk, 3) authorisation to receive additional food parcels or more frequent to receive packages, 4) individual derogation from the internal order of detention, to the extent determined by the Director of the detention center, 5) the more frequent participation in educational and cultural activities, physical education and sport, 6) a permit for longer vision, 7) the authorization to make additional purchases of foodstuffs and tobacco products and items released for sale on remand 8) seizure of all or some of the disciplinary penalties, 9) prize in kind or money.

Article. 221a. [navigating in detention] move temporarily arrested after in detention center, teaching and employment, direct participation in worship, religious meetings and teaching religion and the use of the visiting, walking, bathing, cultural and educational activities from the scope of the physical culture and sports, as well as their participation in legal proceedings, this is done taking into account the need to secure the proper course of criminal proceedings.

Article. 222. [disciplinary] § 1. Provisionally arrested shall be subject to disciplinary liability for culpable violation of orders or prohibitions under the Act, the regulations or other regulations issued under it or fixed in the remand order.

§ 2. Disciplinary penalties are as follows: 1) rebuke, 2) deprivation of the use of your own meals, for a period of up to 14 days, 3) deprivation of the opportunity of receiving packages of food for up to 3 months, 4) deprivation of aid relief, 5) placing the insulation cell for up to 14 days, 6) deprivation of the right to participate in some activities cultural and educational or from a range of physical culture and sport, with the exception of the use of books and press , for up to 1 month, 7) the deprivation or restriction of the possibility of purchasing food or tobacco, for up to 1 month.

Article. 222a. [decision on the punishment of disciplinary] § 1. Decision on the punishment of disciplinary penalty should include determination of the cross by temporarily arrested.

§ 2. The decision on punishment, revocation, donate, defer, substitution, suspension or discontinuation of disciplinary penalty, as well as to withdraw from the disciplinary punishment shall be in writing and shall communicate to the detainee was ordered temporarily.

§ 3. If during the period of suspension of disciplinary penalty temporarily arrested has committed again exceeded, the suspended punishment shall, unless the Director of the detention center decides otherwise.

§ 4. Before the imposition of a disciplinary penalty referred to in article 1. 222 § 2 paragraph 2 and 3 of the detainee was ordered temporarily, which due to the State of health was allowed to make additional purchases of food or more receive packages or the diet, consult with a doctor.

Article. 223. [transfer to prison] § 1. After the release of the conviction of the Court of first instance temporarily arrested can be moved to a prison; the Court to which the disposal of the temporarily arrested remains, you may decide otherwise.

§ 2. In relation to the arrested person temporarily transferred pursuant to § 1 to prison, the provisions on the implementation of detention, unless he consent to the use of terms of the regulations on execution of imprisonment.


§ 3. Provisionally arrested, sentenced by a judgment of the Court of first instance, which the Court did not oppose the transfer to prison, and temporarily arrested has consented to the application of the terms of the regulations on the implementation of a sentence of imprisonment, the Commission classifies the prison immediately after receiving notice of the conviction.

§ 4. The consent referred to in paragraph 3, should be expressed before taking a decision, the classification and the confirmed signature temporarily arrested. Withdrawal of consent temporarily arrested after the Commission decision penitencjarną is ineffective.

§ 5. Provisionally arrested, sentenced by a judgment of the Court of first instance, which has not given consent to the application of the terms of the regulations on the implementation of a sentence of imprisonment, the Commission prison is eligible to temporarily arrested, who can be transferred to prison with a division of detention.

§ 6. The provisions of § 1-5 shall apply mutatis mutandis in the case of the application of provisional arrest to: 1) offender located in the territory of the Republic of Poland, the legally sentenced by a Court of a foreign State to imprisonment subject to execution, 2) Polish citizen or a person with a permanent residence on the territory of the Republic of Poland, to which legally held the measure involving deprivation of liberty – until the competent court legal qualification of an act according to the law of the Polish and the penalty or measure which is subject to execution.

§ 7. Provisions on the execution of detention shall apply in addition to placed in police custody or in prison a person referred to in art. 589a code of criminal procedure.

Article. 223a. [Permissions when performing custodial] § 1. Provisionally arrested, to which imprisonment is executed in another case, exercise the powers such as prison break, with the exception of: visiting, correspondence, use of telephone sets and other wired and wireless connectivity, the possession of items in a cell, use of health services, the notification authority with a qualification to remand posing a serious social threat or a serious threat to the safety of prison and remaining in treatment at the prison after you release the , as well as in respect of the granting of an authorisation as referred to in article. 141A, and in other cases, where required by the need to secure the proper course of criminal proceedings in respect of which the provisions of this Code concerning the remand.

§ 2. Provisionally arrested, referred to in paragraph 1, does not use Passcards listed in article 1 (2). 91 paragraph 7 and article. 92 point 9, the awards listed in the article. 138 § 1 paragraphs 7 and 8, as well as the authorisation referred to in article. 165 § 2.

§ 3. Body to which the disposal of the temporarily arrested remains, may order the application to temporarily arrested, referred to in § 1, and other provisions on remand.

§ 4. Provisionally arrested person, referred to in § 1, arranges in police custody separately from convicts.



Chapter XVa Placing temporarily arrested and convicted of undergoing imprisonment in separate rooms or rooms for detainees Article. 223b e985 [Placing temporarily arrested or convicted in a separate room] § 1. Provisionally arrested after the indictment or convicted can be placed in a separate room of the police, border guard or armed forces of the Republic of Poland for the detainees, if its guidance from another village, in connection with judicial activities, would impose excessive difficulties or costs.

§ 2. The placement of temporarily arrested or sentenced in the room referred to in § 1, due to his participation in judicial activities can take place only for the time necessary to carry out this action. In the event of the postponement or interruption in its execution time over 3 days, temporarily arrested or condemned moves to the proper detention or prison.

§ 3. The order in this regard, it seems, the President of the court hearing the case in respect of temporarily arrested remaining at the disposal of another court-with the consent of the Court, and with respect to the accused – with the agreement of the competent judge of the penitentiary.



Article. 223c. [complaint against the order of placement of temporarily arrested or convicted in a separate room] § 1. The Ordinance referred to in art. 223b e985 § 3, the detainee was ordered or the offender is entitled to appeal to the Court of appeal.

§ 2. The Court recognizes the complaint promptly. If the inconsistency is placed in the room referred to in art. 223b e985 § 1, the Court recommends the immediate transfer of the temporarily arrested or sentenced to the appropriate detention or prison. On order of the Court of appeal is not entitled.



Article. dexterity drills, set 2. [Placing temporarily arrested or convicted in a separate room for the duration of the obstacles preventing the outsize] § 1. Provisionally arrested or convicted, konwojowany by police officers, prison officers, border guards, internal security agency, the central anti-corruption Bureau or the soldiers of the military police, it can be placed in the room for people detained for the duration of the obstacles preventing the guidance or the necessary on humanitarian grounds. A decision in this regard shall take the convoy commander. While this may not be made procedural acts with the participation of konwojowanego in a case in which it is konwojowany.

§ 2. Provision of section 1 shall apply mutatis mutandis in the event of obstacles preventing the supply of or temporarily arrested or sentenced to detention or prison, and in the event of an unscheduled landing during the carriage by air or an unforeseen interruption in the carriage of other people provided on the terms and conditions set out in the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998 (Journal of laws of 2003 No. 78 , item. 708) decision in this regard shall take appropriate Commander or head of unit of the police, border guards, internal security agency, the central anti-corruption Bureau or the military police.

§ 3. Each time you place temporarily arrested or convicted person on humanitarian grounds in the room referred to in § 1, can be no longer than 8 hours.



Article. 223e [Reference, delegation] § 1. To temporarily arrested and convicted persons placed in public areas, referred to in article 1. 223b e985 § 1, shall apply mutatis mutandis the rules of procedure of organizational and run detention order, terms and order of organizational and execution of imprisonment, the provisions on supervision penitencjarnym, as well as other provisions governing the execution of detention and imprisonment.

§ 2. The competent Minister of the Interior, in consultation with the Minister of national defence and the Minister of Justice, shall determine, by regulation, a list of facilities referred to in article 1. 223b e985 § 1, which can be separately placed temporarily arrested and convicted, and the conditions which they must meet, taking into account the need to ensure conditions comparable with the specified for the detention centers and prisons in the performance of the provisional arrest and imprisonment.



PART of the MILITARY-INDUSTRIAL COMPLEX chapter XVI General provisions Art. 224. [the application of the provisions to troops] the provisions of the general part, specific and final shall apply mutatis mutandis to the soldiers, and in the cases specified in the Act-to people called to military service, with changes resulting from the provisions of this part.

Article. 225. [the Executive proceedings Authorities] § 1. With regard to the decisions of the military courts the rights and obligations of the authorities of the Executive proceedings listed in article 1 (2). 2 paragraph 1-4 and 6, respectively, are: 1) the military court of first instance or a court equivalent, 2) the military court, as referred to in article. 3 § 3, 3) the President of the military court or an authorized judge, 4) the military judge the prison, 5) military curator.

§ 2. Authorities of the enforcement procedure are: 1) the Commander of the military unit, 2) military administration body competent for competence.

§ 3. To decision of the bodies listed in § 1 paragraph 3-5 and § 2 shall apply mutatis mutandis to article. 7. Article. 226. [the prison Supervision over the execution of the penalty of military arrest] § 1. The prison supervision over the execution of the penalty of military arrest, preventive detention applied by the military court and stopping exercise military judge the prison.

§ 2. The surveillance referred to in paragraph 1 also applies to the penalty of restriction of liberty in a separate military unit.



Chapter XVII the penalty limit the freedom of Art. 227. [Executing punishment restriction of liberty], § 1. Penalty of restriction of liberty to people listed in the article. 323 § 3 of the Penal Code carries the Commander of the military unit in which convicted full service or other competent Commander.

§ 2. Penalty of restriction of liberty to people listed in the article. 323 § 4 of the criminal code carries the Commander of a separate military unit.


Article. 228. [rules of organizational and ordinal execution penalty] § 1. Minister of national defense, by way of interlocutory procedures, creates and removes military units dedicated to the execution of the penalties referred to in article 1. 323 § 4 of the criminal code.

§ 2. Minister of national defense, in consultation with the Minister of Justice, shall determine, by regulation, the rules of order of organizational and execution of penalties referred to in article 1. 323 § 4 of the criminal code, taking into account, in particular, the principle of the execution of this penalty to persons subject to military service.

§ 3. Included in the terms and conditions of derogation from existing military policy in general are intended to step up social and military discipline and the perpetuation of military knowledge.

Article. 229. [deductions] § 1. If in its judgment held the obligation referred to in article 1. 323 § 3 of the criminal code, the following deductions according to the indications of the Court.

§ 2. The Commander of the military unit shall notify the Court of deductions made from the salary of the offender.

Article. 230. [Exemption from the rest of the sentence] § 1. Exemption from the rest of the penalties provided for in article 4. 83 of the criminal code may also be refused at the request of the Commander of the military unit.

§ 2. To give the referred to in article 4. 323 § 5 of the Criminal Code shall apply mutatis mutandis to article. 13. Chapter XVIII of imprisonment and the penalty of military arrest Art. 231. [military training convicts to the custody of the military] military training convicts to the custody of the military is to consolidate acquired knowledge, maintaining physical fitness and mental well-being, as well as the reinforcement of discipline.

Article. 232. [Director of military training] § 1. Military training in the prison for taking the penalty of military arrest directs an officer appointed, on the basis of separate regulations, to perform tasks outside of the military.

§ 2. The leader of the military training officer is Deputy Director of the prison, as well as the superior professional soldiers designated to perform tasks in this regard.

§ 3. The Director of the prison, before taking any decision relating to the implementation of punishment, take note of the opinion of the officer driving a military training; This officer is part of the prison Commission.

Article. 233. [Separate placement of convicted] Separately distributes the following convictions: 1) officers, 2) non-commissioned officer professional, nadterminowej and periodic, 3).

Article. 234. [awards] § 1. Convicted serving military detention sentence may receive awards provided for in art. 138 § 1, except that the time of view referred to in article 1. 138 § 1 paragraph 7 shall not exceed 60 hours.

§ 2. Convicted serving punishment of military detention has an on the feast of Polish Army from the prison director permission to vision outside the establishment, unless he speaks against the lack of progress in the training of the military.

§ 3. The authorisation referred to in paragraph 2 shall apply mutatis mutandis the provisions of article 4. 139 § 1, 2, 7 and 8 and article. 140. Article. 235. [punishment of restriction of liberty], § 1. In relation to the soldier, the Court may apply the appropriate article. 330 of the criminal code, if an application submits a commander of a military unit.

§ 2. The soldier held a crucial military service, for which the ordered execution of the substitute imprisonment, regardless of its dimension, the Court may impose the corresponding obligations or measures referred to in article 1. 67 or 72 of the criminal code.

Article. 236. [interact with relevant military institutions] For the implementation of the objectives of the punishment prison director interacts with the relevant military institutions and entities referred to in article 1. 38 § 1.



Chapter XIX punitive measures Art. 237. [Expulsion from professional military service or degradation] in the event of a decision to the soldier's expulsion from professional military service or degradation of the court orders the execution of the measure ordered by a competent Commander and notify the appropriate personnel at the content of the judgment in matters of military authority.

Article. 238. [notice of the judgment measure] if a soldier was sentenced to a criminal remedy other than provided for in article 7. 237, the Court shall notify the decision also the Commander of the military unit in which he was convicted of last service, and competent in matters of staffing authorities.

Article. 239. [placing under supervision by military court sentenced a civil person] § 1. In the event of putting under surveillance by the military court of the sentenced person, the Court asks the competent ordinary court for the appointment of probation officer.

§ 2. In the event of a release from active military soldier, whom the military court gave under supervision after the conviction, the Court asks the competent ordinary court for the appointment of probation officer.

§ 3. In the event of a surrender under supervision by the Court of the accused soldier held active military service, the provision of article. 334 § 2 of the Criminal Code shall apply mutatis mutandis.

§ 4. Care to active military soldier performs at the place of duty.



Chapter XX provisional arrest Art. 240. [provisional arrest soldiers active duty] Temporarily arrested soldiers active duty is deposited in police custody in separate purposes.

Article. 241. (repealed).



PART of the FINAL chapter XXI explanation of statutory expression Art. 242. [Definitions] section 1. If in the general part of this code, the term "convicted", the relevant provisions also apply to temporarily arrested and to the offender, to which you apply the precautionary measure.

§ 2. If this code uses within the meaning of the General term "accused" should be understood also suspect.

§ 3. If this code uses within the meaning of the General term "imprisonment", it should be understood to also substitute a penalty involving deprivation of liberty, the penalty of military arrest, punishment of detention or custody, the ordinal penalty penalty replacement and coercive measure resulting in the deprivation of liberty, unless the law provides otherwise.

§ 3a. As used in this code, the term "prison" also means a branch prison on remand, and the term "remand" also means a branch of the detention in prison.

§ 4. The term "Court" without further clarification of the means or military court, as referred to in article. 3 § 1, with the proviso that article. 6 § 1, article. 7, art. 8 § 2, art. 10, art. 11 § 1, article. 13. 15 and art. 18-24 shall apply mutatis mutandis to the penitentiary court or any other court having jurisdiction under this code.

§ 4a. The term "Director" means the also Deputy Director detention center or prison, as well as an officer or servant of the prison or detention center that has been authorized to replace the Director of the prison or detention during his absence.

§ 5. As used in this code, the term "average monthly workers ' compensation" means the average monthly wage in the previous quarter, with effect from the first day of the following month after the announcement by the President of the Central Statistical Office in the official journal of the Republic of Poland "Polish Monitor" for the purposes of pension schemes.

§ 6. The term supervision of correspondence means opening the letter and check its contents.

§ 7. The term censorship of correspondence means familiarizing yourself with the content of the letter and the removal of a part of the text or make it unreadable.

§ 8. The term mail stop means failure to its addressee and joining personal sentenced.

§ 9. By the concept of oversight vision is meant to ensure order during his lifetime.

§ 10. By the concept of control talks during or phone call means familiarizing yourself with its content and the ability to interrupt her or persist.

§ 11. Control of package means check the packaging and contents.

§ 12. As used in this code the term "Church", "another relationship" shall be construed as a confessional Church, other religious association of law governed by the legal situation.

§ 13. By used in the article. 91 paragraph 7, article. 92 paragraph 9 and article. 139 § 3 and 4 the term "year" means a period of 12 months preceding the day of commencement of the use of the next pass or permission to leave the prison.

§ 14. By used in this code the term "workplace" and "employing" means an employer as an organizational unit with employees.

§ 15. The term pay per offender means the amount remaining after making deductions from wages of social security contributions, the amount of the victim support fund and Victim Assistance and Reintegration Fund Condemned and the development of Przywięziennych Workplaces, as the basis for calculation of the advance on income tax from natural persons.



Chapter XXII transitional and final provisions Article. 243. [transitional provisions] § 1. The provisions of this code shall also apply for the enforcement of judgments, which have become enforceable before the date of its entry into force.

§ 2. Procedural acts within the scope of the enforcement procedure and other regulations, made before the entry into force of this code, preserving the existing rules are effective.


§ 3. In case of doubt, whether to apply the existing law or Kikwit, apply this code.

Article. 244. [Gain Polish citizen sentenced abroad] the provisions of this code shall apply mutatis mutandis in implementing the judgments of the after the takeover of Polish citizen sentenced abroad; determination of the legal qualification of the act according to the law of the Polish and the penalty or measure or enforceable security shall follow the provisions of the criminal code and the code of criminal procedure.

Article. 245. [transfer of foreign State an alien or citizen of Polish] until you pass a stranger you alien or citizen of Polish, to whose judgment, it is made in this code. Execution of that judgment in this mode ceases on the date of transfer.

Article. 246. (repealed).

Article. 247. [limitation of employment and contacts embedded] § 1. In cases of justified specific ways the health or health or a serious security threat manager of prison or detention term may suspend or restrict the employment of prisoners, contacts between them, giving the visiting and walking, carrying out activities on the nature of the collective agreement, the celebration of divine services and religious ministries, make purchases, receive packages, as well as the use of samoinkasujących phones, order the closure or other rooms in which they are staying or are incarcerated, prohibit the possession in a cell of certain items and suspend spokesman condemned.

§ 2. In the case of the introduction of restrictions or prohibitions referred to in paragraph 1, for a period of up to 7 days, the Director of the prison or detention shall notify its decision to the judge of the penitentiary. The extension of the duration of the restrictions or prohibitions requires the consent of the judge. The lack of consent of the presiding judge shall not prevent the implementation of the decision of the Director of the prison or detention center. The decision of the judge to the Director of the establishment or detention shall be entitled to appeal to the Court of the prison. Provision of art. 7 § 5 shall apply mutatis mutandis.

§ 3. If, due to the person visited or visitor poses a threat to the safety of prison or detention center or the legal order, the Manager of the establishment or detention may make his completion of conditions to ensure safety.

Article. 248. (repealed).

Article. 249. [the delegations] § 1. Minister of Justice determines, by regulation, the rules of organizational and ordinal perform custodial and rules of order of organizational and execution of detention, specifying in particular: 1) receptions to prisons and detention centers, 2) embedded deployment for residential, 3) internal order prisons and detention centers, 4) the organisation of the reception and organisation available in prisons and prisons, 5) how to use by temporarily arrested and convicted with telephone 6) conditions of health care and household appliances in prisons and prisons, 7) how to prepare convicts and remand to their release from prison and detention – taking into account the need to ensure internal order and security in prisons and detention centres.

§ 2. The Minister of Justice, in consultation with the Minister of national defence, shall determine, by regulation, the rules of organizational and military detention sentence execution sequence, having regard in particular to the Organization of entertaining these people to prison, deployment policies for convicted soldiers in residential purposes, the principle of the participation of the bodies designated by the Minister of national defence in the process of social reintegration of convicted soldiers and the methods of the impact on the offender taking into account the principle of military service.

§ 3. The Minister of Justice shall determine by regulation: 1) ways of doing prison interactions in prisons and prisons, with a view especially their organisation, the conditions, rules and forms, and how to document ongoing impacts, 2) living people embedded in prisons and detention centres, bearing in mind the need to ensure embedded clothing, underwear, shoes, table equipment, means of hygiene and cleanliness, as well as interior equipment in basic equipment kwaterunkowy 3) ways of disposing of applications, complaints and requests people embedded in prisons and prisons, taking in particular into account the principles and mode of acceptance and recognition applications, complaints and requests, as well as their records and documentation, 4) ways to protect organizational units of the prison service and embedded in the prisons and detention centres, including: a) organizational forms of protection of the organizational units of the prison service , b) officers and employees of the prison service and przywięziennych establishments, c) how people embedded in prisons and detention centres, including their escorting, d) conditions for the area of the organizational units of the prison service persons other than officials or employees of the prison service or employees of przywięziennych establishments – bearing in mind the need to ensure the proper execution of tasks by the Prison Service, internal order and security of the organizational units of the prison service and the security people are embedded in the prisons and prisons 5) ways to defend the organizational units of the prison service in emergency situations of health and life of the officers and employees of the prison service, employees przywięziennych workplaces and embedded in the prisons and detention centres, as a result of natural disasters, as well as threats to people and the environment in situations of emergency States, 6) Administration and financial settlement related to deposit valuables and cash people deprived of their liberty having regard in particular to the check deposited funds and items, activities related to their reception, storage and release, including the accumulation of funds on the savings passbooks, the transfer of deposited funds and objects between organizational units, activities related to the settlement of claims for work embedded, purchasing through embedded and documenting these steps, 7) administrative activities associated with the performance of the provisional arrest and penalties and coercive measures resulting in imprisonment and documenting these steps , taking into account the need to ensure the smooth execution of administrative actions and the internal order in prisons and prisons, 8) (repealed).

Article. 249/a of [health and safety] the Director-General of the prison service may, by order, specify: 1) the organisation of the 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 prison and ranges of activities officers and prison staff and therapeutic and penitentiary, 3) health service organization in organizational units the prison service, 4) the scope and form of keeping records of persons deprived of their liberty by the organizational units of the prison service 5) acceptable quantity and dimensions of things, including food, in the possession of the offender while in prison and the treatment of objects and food, whose dimensions or quantity infringe the applicable order or make it difficult for guidance.

Article. 250. (repealed).

Article. 251. [Placing temporarily arrested in Police room] § 1. Provisionally arrested after the indictment or convicted can be placed in a separate room of the police, the border guard for detainees or in a separate room detention garrison, if his participation in judicial activities combined with excessive difficulty or cost of convoying from another village.

§ 2. The placement of temporarily arrested or sentenced in the room referred to in § 1, due to his participation in judicial activities can only occur for the duration of this activity. In the event of the postponement or interruption in its execution time over 3 days, temporarily arrested or condemned moves to the proper detention or prison.

§ 3. The order in this regard, it seems, the President of the court seised in relation to the arrested temporarily remaining at the disposal of another court-with the consent of the Court, and with respect to offender-with the agreement of the competent judge of the penitentiary.

Article. 252. [Complaint to be placed in the room], § 1. The Ordinance referred to in art. 251 § 3, the detainee was ordered or the offender is entitled to appeal to the Court of appeal.


§ 2. The Court recognizes the complaint promptly. If the inconsistency is placed in the room referred to in art. 251 section 1, the Court recommends the immediate transfer of the temporarily arrested or sentenced to the appropriate detention or prison. On order of the Court of appeal is not entitled.

Article. 253. [Escort the offender] § 1. Provisionally arrested or convicted, konwojowany by police officers, prison officers, border guards, internal security agency or the central anti-corruption Bureau or the soldiers of the military police, it can be placed in the room for people detained for the duration of the obstacles preventing the outsize. A decision in this regard shall take the convoy commander. While this may not be made procedural acts with the participation of konwojowanego in a case in which it is konwojowany.

§ 2. Provision of section 1 shall apply mutatis mutandis in the event of obstacles preventing the supply of or temporarily arrested or sentenced to detention or prison, and if unexpected landing during carriage by air or an unforeseen interruption in the other way people transmitted on the principles and conditions laid down in the Rome Statute of the International Criminal Court, done at Rome on 17 July 1998 (Journal of laws of 2003 No. 78 , item. 708) decision in this regard shall take appropriate Commander or head of unit of the police, border guards, internal security agency, the central anti-corruption Bureau or the military police.

§ 3. (repealed).

Article. 254. [the application of the provisions of the rules of procedure of organizational and ordinal] § 1. To temporarily arrested and convicted persons placed in public areas, referred to in article 1. 251 § 1, shall apply mutatis mutandis the rules of procedure of organizational and run detention order, terms and order of organizational and execution of imprisonment, the provisions on supervision penitencjarnym, as well as other provisions governing the execution of detention and imprisonment.

§ 2. The competent Minister of the Interior, in consultation with the Minister of national defence and the Minister of Justice, shall determine, by regulation, a list of facilities referred to in article 1. 251 § 1, which can be separately placed temporarily arrested and convicted, and the conditions which they must meet, guided by the need to ensure that the conditions laid down for the detention centers and prisons in the performance of the provisional arrest and imprisonment.

Article. 255. [Crediting periods sentenced] periods of work, condemned, performed before the date of entry into force of this code, are included in the work period, which depend on the permissions, on the basis of laws in force before that date.

Article. 256. [Regulation on the application of coercive measures direct] usage and the use of coercive measures direct or use of weapons against the persons deprived of freedom is governed by a separate Act.

Article. 257. [the provisions repealed] § 1. On the date of entry into force of this code are hereby repealed the existing provisions concerning cases in the teaching.

§ 2. In particular, the following shall be repealed: 1) Act of 19 April 1969-Kikwit (Journal of laws No. 13, item 98, 1975, no. 45, item 234, 1982 # 16, item 125 and # 45, item 289, 1985, no. 23, item 100 and # 31, item 138, 1988 No. 20, item 135, 1990 # 14 , item. 85, no. 34, item. 198 and # 36, item. 206, 1995, no. 95, item. 475 and the 1996 No. 61, item. 283), 2) the provisions of the: (a)) article. 36 and 37 of the Act of 20 June 1985 at the public prosecutor's Office (Journal of laws of 1994, no. 19, item 70, and No. 105, item 509, 1995, no. 34, item 163, and of the 1996 No 77, poz. 367), b) compared to the churches, relating to the exercise of religious practices of sentenced persons and on remand.

Article. 258. [implementing legislation] if any of the items standardised in this code is provided for the issue of the implementing legislation until their release remain in force the provisions of the existing, if they are not contrary to the provisions of this code.

Article. 259. [entry into force] this Act shall enter into force on 1 September 1998, except that the provisions of article 4. 251-254 are valid for no longer than 10 years from the date of its entry into force.

[1] Article. 76 section 1 paragraph 7 is added to be fixed by the article. 1 paragraph 1 of the law of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[2] Article. 88 § 3 is added to be fixed by the article. 1 point 2 (a). a) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[3] Article. 88 § 4 repealed by article. 1 point 2 (a). (b)) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[4] Article. 88 § 5 repealed by article. 1 point 2 (a). (b)) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[5] Article. 88 § 5a repealed by article. 1 point 2 (a). (b)) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[6] Article. 88 § 5b set aside by the article. 1 point 2 (a). (b)) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[7] Article. 88a in the version set by the article. 1 paragraph 3 of the Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[8] Article. Forex-Euro § 1 in the version established by art. 1 point 4 (b). (b)) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[9] Article. Forex-Euro § 2 added by article. 1 point 4 (b). c) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[10] Article. Forex-Euro § 3 added by art. 1 point 4 (b). c) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[11] Article. 88c in the version established by art. 1, paragraph 5, of the law of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[12] Article. 100 § 1 paragraph 4 is added to be fixed by the article. 1 section 6 of the Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[13] Article. 212A § 3 is added to be fixed by the article. 1 paragraph 7 (b). a) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[14] Article. 212A § 4 repealed by article. 1 paragraph 7 (b). (b)) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[15] Article. 212A § 5 in the version set by the article. 1 paragraph 7 (b). c) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[16] Article. 212A § 6 repealed by article. 1 paragraph 7 (b). (d)) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[17] Article. 212B § 2 in the version set by the article. 1, paragraph 8 (a). a) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[18] Article. 212B § 3 added by art. 1, paragraph 8 (a). (b)) Act of 10 September 2015. amending the law-criminal code (OJ, item 1573). The change came into force on October 24, 2015.

[19] on the basis of the judgment of the Constitutional Court of 2 July 2009 (OJ l. # 108, item. 911) art. 217 § 1: a) to the extent that it does not specify the conditions for refusal to consent to the vision temporarily arrested the person nearest, does not match: with art. 47 in relation to the article. 31 para. 3 of the Constitution of the Republic of Poland, and of the article. 8 paragraph 1. 1, of the Convention for the protection of human rights and fundamental freedoms, done at Rome on 4 November 1950 (Journal of laws of 1993 No. 61, item 284.;. d.: Journal of laws of 2003 No. 42, item. 364) and with article. 37 (b). (c) the Convention on the rights of the child, adopted by the United Nations General Assembly on 20 November 1989 (Journal of laws of 1991, no. 120, item 526; ost.: Journal of laws of 2000 No. 2, item 11);

(b)) so far as it omits the possibility of a challenge by a person detained temporarily order the Prosecutor to refuse consent to the vision of this person is not compatible: with art. 78 of the Constitution of POLAND and from article. 13 in conjunction with article. 8 paragraph 1. 1, of the Convention for the protection of human rights and fundamental freedoms, done at Rome on 4 November 1950 (Journal of laws of 1993 No. 61, item 284.;. d.: Journal of laws of 2003 No. 42, item. 364) and is not incompatible with article 4. paragraph 45. 1 and art. 77 paragraph 1. 2 the Constitution of POLAND.