Act Of 9 April 2010. On The Prison Service

Original Language Title: USTAWA z dnia 9 kwietnia 2010 r. o Służbie Więziennej

Read the untranslated law here: http://www.infor.pl/akt-prawny/1008515,ustawa-o-sluzbie-wieziennej.html

Section 1

The tasks of the Prison Service

Art. 1. [Prison Service] Prison Service is uniformed and armed formation apolitical subordinated to the Ministry of Justice, which has its own organizational structure.

Art. 2. [The tasks of the Prison Service and Penitentiary Policy Council] 1. The Prison Service performs on the terms specified in the Act of 6 June 1997. - Executive Penal Code (Dz. U. item. 557, as amended. D.) The tasks in the field execution of preliminary detention and custodial penalties and coercive measures resulting in the deprivation of liberty.

2. The main tasks of the Prison Service include:

1) keeping the penitentiary and rehabilitation to persons sentenced to imprisonment, mainly by organizing the work conducive to gaining professional qualifications, teaching, cultural and educational activities, activities in the field of physical culture and sports and specialized therapeutic effects;

2) execution of detention in a manner that protects the proper conduct of criminal proceedings for a criminal offense or fiscal offense;

3) to ensure that persons sentenced to imprisonment or in detention, as well as those against whom they are made of imprisonment and coercion resulting in the deprivation of liberty, respect their rights, and especially humane living conditions, dignity, health and religious;

4) The humane treatment of persons deprived of their liberty;

5) protect the public from offenders or offenses Treasury inmates in prisons and detention centers;

6) providing in prisons and detention centers of order and security;

7) performing on Polish territory detention and custodial penalties and coercive measures resulting in the deprivation of freedom if they are to be carried out in prisons and detention centers, and if the result of the implementation of the decision issued by the competent authority;

8) cooperation with the relevant formations of other countries and international organizations on the basis of international agreements.

2a. Prison Service headquarters conducts monitoring referred to in Article. 43f § 1 point 1 of the Act of 6 June 1997. - Executive Penal Code, in the case of entrusting these responsibilities by the Minister of Justice.
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. An advisory body to the Minister of Justice with regard to the tasks referred to in paragraph. 1 and 2, the Penitentiary Policy Council.

4. The Penitentiary Policy Council consists of representatives of the Ministry of Justice, the Prison Service, science and non-governmental organizations. Penitentiary Policy Council members are appointed for a four-year term and dismissed by the Minister of Justice.

5. The tasks of the Penitentiary Policy Council, in particular:

1) initiating new directions penitentiary;

2) evaluate the current penitentiary policy;

3) initiating, conducting and supporting research on the tasks of the Prison Service;

4) initiate and support projects aimed at improving the safety of the officers and employees of the Prison Service and the persons referred to in paragraph. 2 point 3;

5) provide opinions on matters referred by the Minister of Justice related to its competences defined in this Act.

6. The Minister of Justice shall determine, by regulation, the rules of organization Penitentiary Policy Council.

Art. 3. [The name and the logo design service] 1. The name "Prison Service", the abbreviation "SW" and the logo of the Prison Service is entitled only formations referred to in Article. 1.

2. The Minister of Justice shall determine, by regulation, the form of the logo of the Prison Service, taking into account in particular the shape and color variations of this character and the detailed rules for its implementation, with a view to creating a coherent system of visual identification of the Prison Service.

Art. 4. [Collaboration and cooperation Prison Service] 1. The Prison Service works with state authorities and local self-government, associations, foundations, organizations and institutions whose goal is to cooperate in the enforcement of sentences of imprisonment, as well as with churches, religious organizations, universities and scientific institutions and persons worthy of trust.

2. The Prison Service works with the Head of the National Criminal Information Centre to the extent necessary to carry out its statutory tasks.
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. The Prison Service has the right to receive criminal information from the National Criminal Information Centre to the extent necessary to carry out their statutory tasks.


Art. 5. [Obligation cooperation administrations, local and state organizational units of the Prison Service] bodies of state administration, local government and state entities are required to cooperate with the organizational units of the Prison Service in the field and on the terms specified in the Act.

Art. 6. [Source of the Prison Service] The costs associated with the operation of the Prison Service are paid from the state budget.


Section 2


Organization of the Prison Service

Art. 7. [Authorities Prison Service] The bodies of the Prison Service are:

1) The Director General of the Prison Service, hereinafter referred to as "the Director General";

2) regional director of the Prison Service, hereinafter "the director of the district";

3) The director of the prison and the director of the detention center;

4) The commander of the Central Training Centre of Prison Service, commander of the training center of the Prison Service and the commander of the resort staff development Prison Service.

Art. 8. [organizational units of the Prison Service] 1. The organizational units of the Prison Service, hereinafter referred to as "organizational units" are:

1) The Central Board of Prison Service;

2) The regional inspectorates of the Prison Service;

3) prisons and detention centers;

4) Central Training Centre of Prison Service and the Prison Service training centers and training centers Prison Service personnel.

2. Within the organizational units referred to in paragraph. 1 point 3, may, if necessary, operate schools and medical entities in the meaning of the provisions on medical activity, and within organizational units referred to in paragraph. 1 point 4 - medical entities.
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. The organizational units can be created departments, departments, divisions, groups and positions engaged, in particular as regards the impact of the penitentiary, special effects therapeutic, teaching and training, pastoral activity, employment, administrative activities related to the execution of the penalty of deprivation of liberty, security issues defense, combat acts that could threaten the order and security, ensure appropriate living conditions and social assistance, health care and sanitation, as well as repositories uniformed and storage.

4. The organizational units referred to in paragraph. 1 paragraphs 3 and 4 may have subordinate branches located in the same or another location.

5. The organizational units referred to in paragraph. 1 point 4, with the exception of the Central Training Centre of Prison Service can be carried out in the form of budget economy institutions referred to in Article. 9 Section 6 of the Act of 27 August 2009. Public Finance (Dz. U. of 2013. Pos. 885, as amended. D.).

6. The institution budget economy referred to in paragraph. 1, can receive subsidies from the state budget for the implementation of public tasks related to conducting penitentiary referred to in Article. 2 paragraphs. 2 point 1, the performance of defense tasks under separate regulations, organizing and conducting training and professional officers and employees, as well as the implementation of programs to improve the efficiency of the officers, in the form of camps physical condition.

Art. 9. [The number of FTEs] 1. The number of posts in various organizational units is calculated based on the set in the budget law of the year in the number of posts of officers of the Prison Service, hereinafter referred to as "officers" and granted the prison number of posts of employees of the Prison Service, hereinafter "employees" taking into account the following criteria:

1) ensure security of organizational units and the personal safety of officers and employees;

2) the scope and complexity of carried out by officers and employees of the statutory tasks of the Prison Service;

3) the number, type and nature of organizational units supervised by the competent authorities of the Prison Service;

4) the territorial scope of operations of organizational units and the number of collaborating law enforcement agencies and the judiciary;

5) the number, type and type of buildings and equipment.

2. In calculating the number of jobs referred to in paragraph. 1, further take into account the following specific criteria:

1) in prisons:

A) the number of officers and personnel necessary to ensure the implementation of the tasks arising from the objectives of imprisonment,

B) the nature of ongoing system of detention and program impacts to persons deprived of their liberty,

C) the type, nature and purpose of prison

D) organizational structure, including branches of the detention center,

E) the number of subordinate branches of external


F) the number of accommodation for persons deprived of their liberty and the movement of persons deprived of their liberty,

G) the number of schools operating centers, diagnostic, therapeutic entities, pharmacies and of prison labor;

2) in detention centers:

A) the number of accommodation for persons deprived of their liberty and the movement of persons deprived of their liberty,

B) organizational structure, including branches prison

C) the number of subordinate branches of external

D) the number of schools operating centers, diagnostic, therapeutic entities, pharmacies and of prison labor;

3) in the Central Training Centre of Prison Service and in the centers of training and personnel of the Prison Service: the number of accommodation and a schedule of training and professional development.

Art. 10. [Director General] 1. The Central Board of Prison Service and the organizational units referred to in Article. 8 paragraph. 1, managed by the Director General to the Minister of Justice.

2. Director General is the superior of all officers.
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. The Minister of Justice gives, by way of ordinance, statute of the Central Board of Prison Service.

Art. 11. [The scope of the Director General] 1. The responsibilities of the Director General in particular:

1) determining the directions of penitentiary and supervision of their implementation;

2) creating conditions for the proper and lawful enforcement of custodial sentences and detention;

3) establishing rules of technical security protection and security in the organizational units, the type of weapons and protective equipment used by officers in various types of organizational units and the detailed method of use of animals for the tasks of the Prison Service;

4) determine the methods and activities for the protection and defensive preparations in the subordinate organizational units;

5) participation in the project of the state budget in relation to the prison system, and developing a plan of income and expenditure of the prison within the amounts resulting from the Budget Act;

6) to supervise the activities of provincial inspectorates of the Prison Service, the Central Training Centre of Prison Service, the Prison Service training centers and centers of excellence Prison Service personnel under his direct subordinates and supervising the organization and implementation of the by other organizational units;

7) development of human resources policy at the Prison Service;

8) determining the number of posts and positions in the Central Board of the Prison Service, the number of posts in the provincial inspectorates of the Prison Service and the total number of posts in the subordinate organizational units;

9) establishing the detailed way in which the components of property and rational use of funds allocated to the activities of the Prison Service;

10) initiating research on the tasks of the Prison Service, and cooperation with scientific institutions in this regard;

11) determine the methods and forms of carrying out their duties by officials in areas not covered by the regulations issued under this Act;

12) implementation of tasks resulting from other laws.

2. As part of its tasks, the Director General may issue orders, instructions or guidelines.

Art. 12. [Regional Inspectorate of Prison Service - provincial director] 1. District Inspectorate of Prison Service manages the regional director.

2. The responsibilities of the regional director in particular:

1) coordination of the penitentiary held in the subordinate organizational units and supervision;

2) coordination and supervision of the way the terms of the proper and lawful enforcement of custodial sentences and detention in the subordinate units as well as monitoring compliance with them the rights of persons deprived of their liberty;

3) organization cooperation system subordinate organizational units for maintenance in them order and security and cooperation in this regard with the Police and other agencies and institutions and authorities of the state;

4) supervising and coordinating the activities for the protection and defensive preparations in the subordinate organizational units;

5) establishing the regionalization deposition temporarily detained in detention centers, supervising compliance with the agreed destination detention centers and prisons, and organizing and coordinating the transport of persons deprived of their liberty;

6) Processing outside the subordinate prisons and detention centers subordinate branches temporary accommodation convicted;


7) developing a financial plan of income and expenditure for the Regional Inspectorate of the Prison Service and subordinate organizational units;

8) to supervise the activities of subordinate prisons and detention centers, training centers and personnel of the Prison Service of prison labor attached to the subordinate organizational units;

9) setting the number of posts in the district inspectorate Prison Service and the number of posts in the subordinate organizational units;

10) implementation of tasks resulting from other laws.
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. District Director is the superior officers serving in subordinate organizational units.

4. In performing their functions, the district may seem orders, instructions or guidelines.

5. The Minister of Justice shall determine, by regulation, the detailed scope of activities of district directors and the structure and offices of provincial inspectorates of the Prison Service, as well as organizational units subordinate to individual directors district.

Art. 13. [Director of the prison and the director of the detention center] 1. Department of Criminal and detention center by the Director.

2. The scope of the Prison Director and Director of the detention center in particular:

1) coordination penitentiary conducted in the subordinate organizational unit and supervision;

2) ensure the proper and lawful enforcement of custodial sentences and detention and ensuring security and order in subordinate organizational unit;

3) supervising operating within the prison and detention center schools and medical entities;

4) rational use of financial resources;

5) ensuring adequate to the needs of selection and use of personnel, constantly improve its skills, the proper performance of the duties and discipline;

6) determining the number of positions in the subordinate organizational unit;

7) implementation of tasks resulting from other laws.
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. In performing their functions, the prison and the director of the detention center can issue orders, instructions or guidelines.

4. The Director General shall, by regulation, the detailed scope of activities of directors and organizational structure of prisons and detention centers.

5. The rules for creating prisons and detention centers specified in a separate statute.

Art. 14. [Central Training Centre of Prison Service - commanders] 1. The Central Training Centre of Prison Service, the Prison Service training center and a center of excellence Prison Service personnel direct commanders.

2. The Central Training Centre of Prison Service, the Prison Service training centers and centers of excellence Prison Service personnel conducted training of officers and employees.
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. The responsibilities of the commanders referred to in paragraph. 1, in particular:

1) to ensure adequate training and professional development of officers and employees;

2) coordination, oversight and accountability carried out in the subordinate training center and vocational training;

3) ensure security and order in subordinate establishment;

4) implementation of tasks with regard to the protection and defense preparation;

5) ensuring adequate to the needs of selection and use of personnel, constantly improve its skills, the proper performance of the duties and discipline;

6) determining the number of posts in the establishment;

7) implementation of tasks resulting from other laws.

4. As part of its tasks, commanders can issue orders, instructions or guidelines.

5. Director General, by way of:

1) creates, transforms and abolishes the Prison Service training centers and training centers personnel of the Prison Service;

2) defines the headquarters of the Central Training Centre of Prison Service and the Prison Service training centers and centers of excellence personnel of the Prison Service;

3) suitable statutes providing detailed scope of activities Commander of the Central Training Centre of Prison Service, commander of the training center of the Prison Service and the commander of the resort staff development Prison Service and the organizational structure of the centers.

6. Director General determines, by regulation, framework regulations stay in the Central Training Centre of Prison Service and the Prison Service training centers and centers of excellence Prison Service personnel.

7. Paragraphs. 5 and 6 shall not apply if the Prison Service training center, or a center of excellence of personnel of the Prison Service is conducted in the form of budgetary institutions economy.

Art. 15. [Feast of the Prison Service] established February 8, the feast of the Prison Service.


Art. 16. [Banner organizational unit] 1. Organizational Unit can be given standard.

2. Banner OU gives the Minister of Justice at the request of the head of the organizational unit, approved by the Director General.
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. Banner can be donated with the consent of the Minister of Justice. Consent to donating the banner and the approved project shall be delivered to the founder through the head of the organization concerned.

4. The Minister of Justice shall determine, by regulation, the requirements of the standard, model act of giving standard, procedure and conditions of granting and the method of storing and accounting standards, and how to pass them in the event of liquidation of an organizational unit or a re banner. Banner should refer to the tradition of the Prison Service.

5. The Minister of Justice may, by regulation, standard model, taking into account the traditions of the Prison Service.

Art. 17. [Equipment officials] 1. Officers receive equipment necessary for the performance of official duties.

2. The Minister of Justice shall determine, by regulation, the Prison Service armament, weapons and protection measures used by officers in the performance of official duties, considering the obligation to correct the tasks of the Prison Service.
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. The Director-General shall determine, by regulation, standards of equipment referred to in paragraph. 1, and the specific conditions of its allocation and use.


Section 3


Terms of reference of the Prison Service

Art. 18. [Permissions officer in connection with the performance of official duties] 1. The officers performing their duties, are entitled to:

1) identity documents of persons applying for admission and leaving the area of ​​organizational units and the deposit of identity documents of persons residing in the organizational unit;

2) identity documents of officers and employees entering and leaving the organizational unit;

3) demand from the persons mentioned in paragraphs 1 and 2 of the transfer to deposit dangerous objects and objects prohibited, making control of their personal and control of their clothes, shoes and browse the contents of luggage, check vehicles entering and leaving, as well as loads of these vehicles , also with the use of technical equipment and special dogs trained in search of narcotic drugs and psychotropic substances or explosives;

4) summoning persons disturbing the peace and order in the immediate vicinity or in the organizational unit, referring unauthorized contacts with persons deprived of their liberty or attempting without a permit officials to deliver any items into the organizational unit, to desist from such behavior;

5) stop in the organizational unit, for immediate transmission to the Police, the persons for whom there is reasonable suspicion of having committed an offense;

6) remove from the area of ​​the organizational unit of a person who does not apply to the command issued on the basis of existing legislation;

7) detention of persons deprived of liberty that:

A) made the escape from detention or prison

B) made escape during escort or employment,

C) on the basis of the authorization of the competent authority they left the detention center or prison, and not returned to it within the prescribed period, using the authorization to temporarily leave the detention center or prison without escort officer;

8) request the necessary assistance from the Police, Border Guards and soldiers of the Military Police, as well as addressing emergency cases to other law enforcement and national security or to any person to provide emergency aid under the applicable law.

2. With the obligations arising from the implementation of the rights of the officers referred to in paragraph. 1 point 3 in the area to undergo a personal inspection and control of clothing and footwear, are excluded:

1) The President of the Republic of Polish;

2) The President of the Council of Ministers;

3) members of the Council of Ministers;

4) The Ombudsman;

5) The Ombudsman for Children;

6) the General Inspector for Personal Data Protection;

7) persons using parliamentary immunity, a judge or prosecutor;

8) persons enjoying diplomatic immunities or consular agents under the laws, international treaties or generally recognized international customs.
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. In particularly justified cases, the manager of an organization can:


1) release the officer referred to in paragraph. 1, from the obligation of identity documents of the person applying for admission to the unit and with the obligations referred to in paragraph. 1 point 3;

2) release the person applying for admission to the organizational entity from the obligation to deposit dangerous objects and objects prohibited.

4. Activities referred to in paragraph. 1 point 1-6 is carried out in a way that the least possible violation of personal rights of a person against whom they have been.

5. Persons who are not officers and employees on the conduct of activities referred to in paragraph. 1 point 1 and 3-6, may be appealed to the competent local district court within 7 days from the date of carrying out these activities.

6. Officers and employees on the conduct of activities referred to in paragraph. 1 point 3, may be appealed to the competent local district court within 7 days from the date of carrying out these activities.

7. Council of Ministers shall, by regulation, the detailed course of action referred to in paragraph. 1 point 1-3 and 5-8, the ways of their implementation and the treatment of officers in this field, with a view to ensuring the effectiveness of measures taken by the officers.

Art. 19. [The right to use coercive measures] 1. In the cases referred to in Article. 11 points 1-6, 8, 9 and 11-14 of the Act of 24 May 2013. By means of force and firearms (Dz. U. pos. 628 and 1165, and 2014. Pos. 24 and 1199) and officers may use coercive measures referred to in Article. 12 paragraph. 1, item 1, 2, 4, 6-9, 11, paragraph 12 point a, c and d, and Section 14 of this Act, or the use of these measures.

2. In the cases referred to in Article. 45 point 1 and, current, point 2 point 3 point and, Section 5 and Article. 47 points 3, 6 and 7 of the Act of 24 May 2013. By means of force and firearms, officers may use firearms or use it.
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. Use and the use of force and firearms and document the use and exploitation takes place on the terms specified in the Act of 24 May 2013. By means of force and firearms.

Art. 20. (repealed)

Art. 21. (repealed)

Art. 22. (repealed)

Art. 23. [in cooperation with Police] 1. In the event of any threat to the security of the organizational unit or convoy if security can not be ensured forces and its own funds, the Prison Service works with the Police.

2. Police forces can call in case of emergency or security breach organizational unit or convoy, in particular, associated with the preparation, attempt or the making of a terrorist attack, robbery, rebellion, collective escape of prisoners, the crowd invasion, fire, disaster or natural disaster.
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. Depending on the degree and type of risk referred to in paragraph. 2, the interaction of the Police can rely on the transmission of information that may be relevant for the security of the organizational unit or persons deprived of their liberty, protect land units or convoy from the outside, the introduction of forces police into the organizational unit, the restoration of order in the unit or in its neighborhood, strengthened forces of the Prison Service, repelling the assault, chasing the organization, terms of persons deprived of their liberty or their evacuation.

4. The Minister of Justice, in consultation with the minister for internal affairs, shall specify, by regulation, the mode of cooperation, referred to in paragraph. 1, the authorities obliged to cooperate and conditions for the use of police forces in the area of ​​organizational units and during the escort, bearing in mind the need to ensure proper and effective cooperation.


Section 4


The processing of personal information and data necessary for the performance of the Prison Service

Art. 24. [The processing of personal information and data] 1. The Prison Service can process information and personal data, including without the knowledge and consent of the persons concerned, necessary to perform the tasks referred to in Article. 2.

2. For the purposes of this Act by processing information and personal data should be understood any operation performed upon personal data, such as collection, recording, storage, organization, alteration, disclosure and erasure, and especially those performed in the computer systems.
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. Prison Service provides information and provides personal information about individuals, upon written request, entities legally entitled, to the extent specified in the laws.

4. Prison Service, at the written and justified request of the person nearby, provides personal data of a person in custody, with the written consent of that person.


5. The Minister of Justice shall determine, by regulation, order and pattern request for information or share personal information about a person currently or previously detained in police custody or prison, including identification of the entity applying for information or access to personal data, the legal basis, range of available data and the information provided and the identity of the person deprived of liberty, and in the case of a person nearby - justification for the request, taking into account in particular the scope of statutory powers seeking entities.

Art. 25. [Transfer of information on persons deprived of their liberty to KRK] The Director General shall, in electronic form, information on the persons deprived of their liberty in the National Criminal Register in the scope specified in the Act of 24 May 2000. On National Criminal Register (Dz. U . from 2015. pos. 1036 and 1629).


Section 5


Officers and employees

Art. 26. [Employment of officers and employees] 1. The organizational units on duty officers and employees may be hired.

2. The Minister of Justice shall determine, by regulation, a post for which they can render service only officers, taking into account the organizational units and types of these positions and the specificity of tasks at different positions.

Art. 27. [Rules officers] officers and employees should have the appropriate preparation and training, and high moral systematically improve his education and improve professional qualifications. In the proceedings against persons deprived of their liberty shall be obliged, in particular:

1) follow the principles of the rule of law, impartiality and humanity;

2) to respect their rights and dignity;

3) positively influence their own example.

Art. 28. [The prohibition of the use of information and contacts of an official to her outside activities] 1. Officers and employees can not participate in these activities, which undermine the authority of the Prison Service or which uses information about an official for Fluor.

2. Officers and employees are prohibited from holding other than those arising from official duties contacts with persons deprived of their liberty and the provision of unauthorized information relating to persons deprived of their liberty, even after their release.

Art. 29. [Requirements candidate for employee] Employee may be a person who:

1) 18 years of age and has full legal capacity and enjoys full civil rights;

2) it guarantees the proper performance of the tasks assigned;

3) he has not been convicted of an offense willful or intentional tax offense or against whom has been issued a final judgment conditionally discontinuing criminal proceedings for such an offense, and not the subject of the criminal proceedings for such an offense;

4) is appropriate to the position held education;

5) a pledge of secrecy, pursuant to the requirements laid down in the law of 5 August 2010. Classified Information Protection (Dz. U. item. 1228 and 2015. Pos. 21, 1224 and 2281);

6) has the ability to mental and physical allowing for employment at a given position, which establishes service occupational medicine.

Art. 30. [Appendix to employees performing duties in constant and direct contact with deprived of their liberty] 1. Employees performing duties in constant and direct contact with persons deprived of their liberty are entitled to receive, in addition to remuneration under separate regulations, in addition to the salary of the 50% of basic salary.

2. The employee referred to in paragraph. 1, during and in connection with performance of official duties enjoys legal protection provided for in the Act of 6 June 1997. - Criminal Code (Dz. U. item. 553, as amended. D.) For public officials.
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. The employee referred to in paragraph. 1, entitled to reimbursement of defense costs if the criminal proceedings initiated against him for the offense or fiscal offense committed in connection with the performance of official duties, shall be validly terminated: decision to discontinue the proceedings in the absence of statutory traits of a prohibited act or been correctly crime or acquitted. The costs of such requests from the state budget at the request of the employee, the amount of actual costs incurred, not exceeding the maximum rate of pay of one defender, specified in the regulations issued pursuant to art. 16 paragraph. 3 of the Act of 26 May 1982. - Law on the Bar (Dz. U. of 2015. Pos. 615, 1064, 1224, 1255 and 1311).


Art. 31. [The delegation] 1. The Minister of Justice, in consultation with the minister for labor affairs shall specify, by regulation:

1) the types and the list of positions in which workers perform duties in constant and direct contact with persons deprived of their liberty, taking into account in particular the nature of the work and organizational units in which these works are carried out;

2) The procedure of granting the supplement referred to in Article. 30 paragraph. 1, taking account in particular positions and functions that deal or the performance entitles to an allowance, as well as working time in direct contact with persons deprived of their liberty, affecting the right to the allowance and the amount thereof.

2. Council of Ministers shall, by regulation, types and list of positions in which workers are employed on the terms specified in the Act of 16 September 1982. Employees of State Offices (Dz. U. of 2013. Pos. 269, 2014 . pos. in 1199 and 2015. pos. 1220), taking into account in particular the nature of the work and organizational units in which these works are carried out.

Art. 32. [superiors officers and employees] 1. Managers: Director General, provincial directors, Commander of the Central Training Centre of Prison Service, the directors of prisons and detention centers, and the commanders of the Prison Service training centers and centers of excellence Prison Service personnel are superiors of officers and employees these units.

2. Commander of the Central Training Centre of Prison Service, the commanders of the Prison Service training centers and centers of excellence Prison Service personnel are superiors officers and employees trained in these centers.

Art. 33. [Rules - rules of professional ethics] 1. The Director-General is determined by the Rules:

1) the rules of professional ethics, after consultation with the trade union officers, including the broad values ​​and moral norms, rules of conduct and behavior of the officer against prisoners, mutual relations officers and the specificity of the profession of officer;

2) the manner of duty by the officers, including the hierarchical subordination of the officers, the chain of command, the duties superior and subordinate principles to justify absences or delays in the service, participating in meetings, training courses and briefings business;

3) ceremony Prison Service and ceremonial drill, taking into account the principles of rendering honors, official presentation and submitting reports by officers, principles and forms of celebrations, including with the assistance of honor.

2. The rules of professional conduct referred to in paragraph. 1 point 1 shall apply to employees.

Art. 34. [unions] 1. The officers may associate in a trade union on the terms specified in the Act of 23 May 1991. Trade Unions (Dz. U. of 2015. Pos. 1881).

2. The Prison Service can run only one trade union bringing together officials. This compound has no right to strike.

Art. 35. [The officers on duty during the war] officers remaining in the employee on the date of mobilization or the date on which the start time of war, as defined by the President of the Polish Republic on the basis of Article. 4a. 1 point 4a of the Act of 21 November 1967. On the universal duty to defend the Polish Republic (Dz. U. of 2015. Pos. 827, with later. D.), They are by law officers providing a service during the war and remain in this service to the time of release.

Art. 36. [Badge "For merits in the penitentiary work"] 1. A badge "For merits in the work of the penitentiary."

2. Badge referred to in paragraph. 1, can be given to officers or employees of distinctive special achievements in the service or work. Badge can be given to the others.
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. Badge "For merits in the penitentiary work" gives the Minister of Justice.

4. The Minister of Justice shall determine, by regulation, the detailed mode of transmission and the type and pattern badge "For merits in the penitentiary work", taking into account the special and solemn nature of the act and awarding badges:

1) distribution of badges in three stages;

2) timing and sequence of its broadcast;

3) superiors entitled to apply for a grant badges;

4) data, which should include a request for granting the badge;

5) the manner of keeping records of people honored;

6) procedure in case of loss or destruction of a badge or ID card stating assigning badges, at the request of Rodi and manufacturing costs badges.


Art. 37. [Service Card] 1. The document confirming the identity of the officer and his powers under the provisions of this Act and the Act of 6 June 1997. - Executive Penal Code ID card Uniforms.

2. The officer in the performance of official duties outside the premises of the organization is obliged to show to the identity card, so as to read the note and the data contained therein.
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. The Minister of Justice shall determine, by regulation, design service card officer, detailed way of using it and changing it and entities responsible for the issue, with a view to the possibility of being read by the person concerned, the data contained therein.

4. The Minister of Justice may, by regulation, the types and models of other business documents officers and the types and models of the official records of employees.


Chapter 6


The ratio of business officers

Art. 38. [Requirements candidate for officer] The Prison Service can perform the service of the person:

1) has Polish citizenship;

2) having regulated military service;

3) enjoying full civil rights;

4) which gives a guarantee of proper performance of the tasks assigned;

5) has not been convicted of an offense willful or intentional tax offense or against whom has been issued a final judgment conditionally discontinuing criminal proceedings for such an offense, and not the subject of the criminal proceedings for such an offense;

6) gives a guarantee of secrecy pursuant to the requirements specified in the regulations on the protection of classified information;

7) having at least secondary education;

8) having physical and mental ability to serve.

Art. 39. [Joining Service - qualification procedure] 1. Joining the service in the Prison Service is voluntary and follows the successful completion of the qualification procedure.

2. The candidate, together with a written application for admission to the service, submit the following documents:

1) completed the survey personnel;

2) a certificate of employment or service;

3) evidence of formal education, professional qualifications and specialized;

4) completed a survey of security clearance within the meaning of provisions on the protection of classified information, or current security clearance required for a given position;

5) certified medically fit for the test of physical fitness;

6) abridged copy of birth: own spouse and children, and an abridged copy of the marriage certificate;

7) different if the obligation to submit results from separate regulations.
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. Qualification process consists of the following steps:

1) assessment of submitted documents;

2) conducting one or more interviews;

3) to obtain information about a candidate registers convicted and punished;

4) test the physical fitness of the candidate;

5) carry out the verification procedure under the provisions on the protection of classified information, if the candidate does not have a current security clearance;

6) determine the physical and mental ability to serve in the Prison Service;

7) drawing sheet to assess the suitability of the candidate;

8) approval of the list of candidates by the manager of the organizational unit.

4. Manager of an organization refuses to candidate qualification procedure or interrupt this procedure in the case of:

1) failure to submit documents within the prescribed period or the failure to remedy the shortcomings in the documentation within the additional period of time;

2) to subject a candidate's operations or tests prescribed in the qualification procedure;

3) failure to satisfy the requirements of Article. 38;

4) a negative result at least one of the stages of the qualification procedure;

5) when it is not justified by the staffing needs of the Prison Service.

5. The Minister of Justice shall determine, by regulation, the procedure qualification procedure for the Prison Service, taking into account in particular the need to assess the suitability of a candidate for the ministry, stages of the qualification procedure and the manner of its completion.

Art. 40. [appointment] 1. The ratio of staff officer arises by appointment.

2. The appointment follows:

1) for a period of preparatory service;

2) permanently.
3
. Act the appointment of an officer shall be the head of the organizational unit in which the officer will perform the service.

4. The act of appointment includes:


1) the name of the officer;

2) the date of commencement of service;

3) the nature of the appointment referred to in paragraph. 2;

4) the position of an officer entrusted with the designation of an organizational unit;

5) The award of the degree of the Prison Service;

6) salary.

Art. 41. [oath] 1. When taking the service, the officer shall submit a written oath according to the following Rota:

"I am a citizen of the Republic of Polish, joining the Prison Service, I vow solemnly reliably perform the tasks entrusted to me an officer of the Service and command superiors, observing the Polish Constitution and all laws, as well as the mysteries associated with the service, and ethics professional, with particular emphasis on respect for human dignity and care for the good name of the service. ".

The oath may be taken with the words "So help me God."

2. Refusal to take the oath results in the invalidity of the instrument.

Art. 42. [preparatory service] 1. The officer fully preparatory service for a period of two years.

2. The period of preparatory service is aimed at preparing and training officer, and checking personal qualities, character and ability to justify its suitability for ministry.
3
. In cases justified by special qualifications officer, which also completed the appropriate training, the Director General, at the request of the relevant head of the organizational unit, may agree to shorten the period of preparatory service officer.

4. In the event of a break in the performance of official duties lasting longer than 3 months the head of the organizational unit may extend the period of preparatory service, but not more than 12 months.

5. The period of preparatory service shall be extended until the end of the final run against any criminal proceedings for an intentional offense prosecuted by indictment or an intentional tax crime, disciplinary proceedings and for the period of parental leave or unpaid.

6. For officers serving preparatory the provisions relating to officers appointed on a permanent basis, unless a statute provides otherwise.

7. After the completion of preparatory service by an officer manager of an organization appointed him permanently if he obtains a positive opinion of the official confirming achievement of the objectives referred to in paragraph. 2.

8. The act of appointment on a permanent basis, referred to in paragraph. 7, includes:

1) the degree of the Prison Service, the name of the officer;

2) the position occupied by an officer with the designation of an organizational unit, which is serving;

3) the day of the appointment.

Art. 43. [Documentation of the course of service officers] 1. The manager of an organization leads the personal file records the course of service officers.

2. The Minister of Justice shall determine, by regulation, a way of documentation on issues related to the relationship of subordination of officers in the personal file, the types collected in these documents, their recording and sample documents on these matters, in particular:

1) distribution of documents in the file at:

A) collected in the course of the qualification procedure for the Prison Service,

B) regarding the establishment and conduct of the service relationship,

C) associated with dismissal from service officer,

2) way to share and become familiar with personal files,

3) the manner of making entries and amendments

4) how to disable the documents from the personal files,

5) the manner of establishing the act of replacement, if necessary, to send personal records to an officer of the court, prosecutor's office or other authority,

6) method of storage of personal files

- Having regard to the correctness of documenting the course of service.


Chapter 7


Posts degrees Prison Service and the salary of civil servants

Art. 44. [official positions in the Prison Service] 1. The posts service in the Prison Service is divided into officers, warrant officers and non-commissioned officer.

2. At the positions of officers are required to have a master's degree or equivalent, completion of professional training culminating in the submission of the exam the first officer rank and the completion of specialized training.
3
. Positions warrant officers are required to have professional title of Bachelor or equivalent, completion of professional training culminating in the submission of the exam for the first degree of Ensign and the completion of specialized training.


4. NCO positions required to have secondary education, completion of professional training culminating in the submission of the exam on the first stage of the NCO and the completion of specialized training.

Art. 45. [The initial training and professional] 1. The officer immediately after the adoption of the service is performed initial training, which consists of a preparatory course and professional practice.

2. The officer can start training after successful completion of the initial training.
3
. The Minister of Justice shall determine, by regulation, the detailed conditions of event initial training, vocational, specialized and vocational training in the Prison Service, types, forms, conditions and procedures of the event, as well as the organization and the conduct of training and professional development and supervision of their implementation, having regard to the need to improve the qualifications of officers.

4. The Director-General shall determine, by way of programs, initial training, vocational and specialized in the Prison Service and the duration of training.

Art. 46. ​​[The appointment of an officer to the official position] The appointment of an officer to the post of business, with the exception of senior managerial position in the Prison Service, referred to in chapter 8, is made head of the organizational unit.

Art. 47. [Appointment of the first position of officer, warrant officer or non-commissioned officer] 1. Officers admitted to the ministry appointed the first post of officer, warrant officer or non-commissioned officer, if it meets the training requirements before obtaining specific professional qualifications and length of service.

2. For the placement of service required for appointment to various positions of business is not included in parental leave and unpaid leave.
3
. The appointment of an officer to a higher official position at the request of the immediate superior officer, addressed to the supervisor responsible for the appointment of an officer for the position.

Art. 48. [The consent to the appointment of an officer to a higher position before getting his qualifications and the appropriate placement] 1. In particularly justified cases, the Director General, at the request of a competent supervisor may agree to the appointment of an officer to a higher official position before getting his professional qualifications and length of service required for this position, if it meets the requirements in the field of education. Professional qualifications of the officer is required to obtain a period of 3 years from the appointment to the position of business.

2. The Director General may, in particularly justified cases, at the request of the competent superior, given the degree of junior warrant officer serves Prison officer who does not meet the requirements for training.

Art. 49. [Cabinet degrees Prison Service] established bodies and degrees of the Prison Service in the following order:

1) in the body of serial Prison Service:

A) serial Prison Service

B) Lance Prison Service;

2) in the body non-commissioned officers of the Prison Service:

A) Corporal Prison Service

B) Senior Corporal Prison Service

C) plutonium Prison Service

D) Sergeant Prison Service

E) Sergeant Prison Service

F) Staff Sergeant Prison Service

G) Sergeant Major Prison Service;

3) in the body ensigns Prison Service:

A) junior ensign Prison Service

B) standard-bearer of the Prison Service

C) Senior ensign Prison Service;

4) in the body of officers of the Prison Service:

A) Lieutenant Prison Service

B) Lieutenant Prison Service

C) the master of the Prison Service

D) Major Prison Service

E) Lieutenant Colonel of the Prison Service

F) Colonel Prison Service

G) General Prison Service.

Art. 50. [The degree of serial and legacy serial Prison Service] 1. The degree of serial and legacy serial Prison Service gives the manager of an organization. The degree of serial suited the date of appointment of the first official position.

2. Grades in the body non-commissioned officers of the Prison Service are suitable:

1), the regional director - officers serving in the organizational units in its action;

2) The Director General - officers serving in the Central Board of the Prison Service, and officers serving in other organizational units reporting directly to the Director-General.
3
. Grades in the body warrant gives the Prison Service Director General.


4. The first step in the body of the Prison Service officers and the rank of General of the Prison Service gives the President of the Polish Republic at the request of the Minister of Justice. Other steps in the body of officers of the Prison Service gives the Minister of Justice.

Art. 51. [The first step in the body non-commissioned officers, warrant officers and housing officers body] 1. The first step in the body non-commissioned officers, warrant officers and housing officers body suitable officer who passed the exam, respectively, the first stage of the NCO, officer or warrant officer.

2. Steps referred to in paragraph. 1, gives the date of submitting the exam.

Art. 52. [Giving next higher level] 1. Giving the next higher level can occur according to the official position and the education and depending on the evaluation of the results in the service. Giving degree can take place on the basis of the relevant request of the competent superior.

2. Giving the degree referred to in paragraph. 1, can not take place earlier than in owned extent appropriate period of service, which is:

1) in the body of serial Prison Service to the extent PFC Prison Service - 1 year;

2) in the body non-commissioned officers of the Prison Service to the extent:

A) Corporal Prison Service - 2 years

B) senior corporal Prison Service - 2 years

C) plutonium Prison Service - 2 years

D) Sergeant Prison Service - 2 years

E) Sergeant Prison Service - 2 years

F) Staff Sergeant Prison Service - 2 years;

3) in the body ensigns Prison Service in degree:

A) junior warrant officer of the Prison Service - 3 years

B) a warrant officer of the Prison Service - 3 years;

4) in the body of officers of the Prison Service to the extent:

A) Lieutenant Prison Service - 3 years

B) Lieutenant Prison Service - 4 years

C) the master of the Prison Service - 4 years

D) Major Prison Service - 4 years

E) Lieutenant Colonel Prison Service - 4 years.

Art. 53. [Deadline for award of the degree] 1. Giving degree takes the occasion of the feast day of the Prison Service and the National Independence Day.

2. In particularly justified cases:

1) The award of the degree may take place at a different time than that specified in paragraph. 1;

2) the degree can be awarded posthumously officer.

Art. 54. [Dożywotność degrees] Grades Prison Service are for life, including art. 53 paragraph. 2 Section 2

Art. 55. [The delegation] The Minister of Justice shall determine, by regulation:

1) types of positions corporate officers, warrant officers and NCO in the organizational units,

2) training of service required for appointment to various positions,

3) required to occupy certain positions of the type of general education and specialized training,

4) The maximum levels assigned to specific positions,

5) transmission mode officers degrees

- Having regard to the need to have the officers of the relevant specialist qualifications for specific positions of business.

Art. 56. [offerings] 1. In respect of the service officer receives salary.

2. The right to salaries arises on the date of the appointment of an officer for the first official position.
3
. The average salary of civil servants is a multiple of the base amount, the amount determined according to separate rules determines the Budget Act.

4. Council of Ministers shall, by regulation, a multiple of the base amount, referred to in paragraph. 3, Having regard to the specific nature and conditions of their duties.

Art. 57. [Ingredients salaries] 1. Remuneration officer consists of a basic salary and additions to the basic salary of a permanent nature.

2. The amount of basic salary of an official depends on the grade of his official position.
3
. Minister of Justice in consultation with the minister for labor affairs shall specify, by regulation, grade individual positions and their corresponding multiples of the average salaries constitute the basic salary, taking into account the diversity and specificity of the eligibility requirements of service at different positions in different types of organizational units.

Art. 58. [Additions to the basic salary of a permanent nature] 1. Officers receive the following additions to the basic salary of a permanent nature:

1) allowance for years of service in the amount of:

A) 5% of basic salary - after 2 years of service,

B) 10% of basic salary - after 5 years of service,

C) 15% of basic salary - after 10 years of service,

D) 20% of basic salary - after 15 years of service,


E) 25% of basic salary - after 20 years of service,

F) 30% of basic salary - after 25 years of service,

G) 35% of basic salary - after 30 years of service;

2) allowance for the degree;

3) supplement business.

2. When determining the allowance for years of service taken into account a period of compulsory military service within the meaning of the provisions of Chapter 3 of section III of the Act of 21 November 1967. On the universal duty to defend the Republic and the Polish periods of employment in the organizational units of full-time work.
3
. Minister of Justice in consultation with the minister for labor affairs shall specify, by regulation, the conditions and procedure of granting allowances to the basic salary of a permanent nature, in particular the amount of these additives, the method of their calculation, and in the case of addition, a service referred to in paragraph. 1 point 3, the conditions for its reduction, taking into account the scope of their duties and their specificity.

Art. 59. [Change salaries] 1. Change in salaries following the date of occurrence of circumstances justifying this change.

2. If the right to salaries created or change the salaries occurred during the month, emoluments until the end of the month is calculated in the amount of 1/30 part of the monthly salaries for each day.
3
. The right to salaries shall expire on the last day of the month in which the termination of officer misconduct or other circumstances existed to justify the termination of this law.

Art. 60. [Salaries in the event of leave, release from official duties and in the period being at the disposal] In the case of leave, release from official duties and in the period remain at the disposal of the officer receives the basic salary and allowances of permanent and other receivables and cash equivalents due to the recently occupied job title, taking account created during this period changes affecting the right to wages and other monetary claims or their height.

Art. 60a. [The remuneration for the period of maternity and paternity leave] 1. Monthly salary officer for the fixed rules of the Labour Code as a period of maternity leave, the period of leave under the terms of maternity and paternity leave period is 100% of the monthly salaries referred to in Article. 60.

2. Monthly salary of an officer for the fixed rules of the Labour Code as a period of parental leave is:

1) 100% of the monthly salaries referred to in Article. 102, for the period:

A) six weeks of parental leave, in the case referred to in Article. 1821A § 1 point 1 and art. 183 § 4 point 1 of the Labour Code

B) eight weeks of parental leave, in the cases referred to in Article. 1821A § 1 point 2 and art. 183 § 4 point 2 of the Labor Code,

C) three weeks of parental leave, in the case referred to in Article. 183 § 4 point 3 of the Labour Code;

2) 60% of monthly salaries referred to in Article. 102, for the period of parental leave attributable to the periods referred to in paragraph 1.
3
. Monthly salary of an officer-a woman who in the application, submitted no later than 21 days after birth, there is the award to her immediately after maternity leave, parental leave in full, amounts to 80% of monthly salaries referred to in Article. 60, for the whole period equal to the period of leave.

3a. If the amount of the salaries officer less advance tax personal income, calculated in accordance with paragraph. 1-3, is lower than the amount of parental benefits, as defined in the Act of 28 November 2003. Family benefits (Dz. U. of 2015. Pos. 114, as amended. D.), The amount of the salaries officer less advance income tax from individuals is increased to the amount of parental benefit.

4. The provision of paragraph. 3 shall apply to the officer that the application, submitted no later than 21 days after the adoption of the child's upbringing and to apply to the guardianship court for instituting proceedings on the adoption of a child or adoption of the child's upbringing as a foster family, with the exception of a foster family professional perform the award to him, immediately after the leave under the terms of maternity leave, parental leave in full.

5. Officer, who due to the application under paragraph. 3 or 4 received 80% of the salaries referred to in paragraph. 3, in the case of cancellation of the parental leave in full or abandonment of parental leave in the dimension referred to in paragraph. 2, point 2, shall be entitled to one-off compensation received salaries referred to in paragraph. 3, up to 100%, provided niepobrania salaries for the corresponding periods of leave.


Art. 60b. [Substitute] If there is a need for a replacement officer during his absence from duty in connection with being on maternity leave, under the terms of maternity leave, paternity leave, parental leave or parental leave, the head of the organizational unit may for this purpose employ a worker under a contract of fixed-term employment, including the time of absence.

Art. 60c. [The amount of salaries during the period of being on sick leave] 1. During the period of being on sick leave officer receives 80% of salaries.

2. Sick leave includes a period during which the officer is released from official duties due to:

1) an officer of the disease, including the inability to perform official duties for the reasons set out in Article. 6 paragraph. 2 of the Act of 25 June 1999. On cash benefits from social insurance in case of sickness and maternity (Dz. U. of 2016. Pos. 372);

2) donate blood or blood components in the organizational units of the public blood or because of the periodic medical examination of blood donors;

3) the necessity of personal care for a sick child or spouse own officer, adopted child, adopted child upbringing and maintenance, reach the age of 14 years;

4) the necessity of personal care for a sick family member; for family members is considered a spouse, parent, parent of the child officer, stepfather, stepmother, in-laws, grandparents, grandchildren, siblings and children over the age of 14 years, if it remains in the same household with an officer during the period of taking care;

5) The necessity of personal care for the child or spouse own officer, adopted child, adopted child upbringing and maintenance, reach the age of 8 years, in the case of:

A) unforeseen closure of the nursery, children's club, kindergarten or school to which the child attends, and in the case of illness nanny with whom parents have signed an agreement the activating referred to in Article. 50 of the Act of 4 February 2011. About the care of children under the age of 3 (Dz. U. of 2016. Pos. 157) or daily caregiver, taking care of the child,

B) childbirth or illness officer spouse or parent a child officer, constantly caring for the child, if the confinement or illness prevents ago spouse or parent to care for the child,

C) residence spouse of an officer or officer of a parent of the child, constantly caring for the child at a hospital or other medical institutions [1] entity performing therapeutic medical activities such as stationary has body health benefits.
3
. Exemption from official duties due to the need to exercise personal care, referred to in paragraph. 2 paragraphs 3 and 5, shall be for a period not longer than 60 days per calendar year, and in the case referred to in paragraph. 2 point 4 - for a period not longer than 14 days per calendar year, the total of these periods can not exceed 60 days per calendar year.

4. The provision of paragraph. 3 shall apply regardless of the number of children and other family members in need of care.

5. If the sick leave covers the period in which the officer is released from official duties due to:

1) the case remains in connection with the performance of service

2) of the disease arising in connection with specific characteristics or conditions of service,

3) accident on the way to the place of service or on the way back from the service,

4) illness attributable to pregnancy,

5) undergo the necessary medical examinations provided for candidates for donors of cells, tissues and organs and undergo the procedure of donating cells, tissues and organs,

6) donate blood or blood components in the organizational units of the public blood or due to medical examination of blood donors,

7) to stay on the observation of therapeutic entity as a result of a referral by a medical commission

- He retains the right to 100% of salaries.

6. The right to 100% of the salaries shall also be granted when the officer was released from official duties:

1) as a result of the commission by another person of intentional criminal act in connection with the performance of official duties by an officer, identified judgment given by a competent authority;

2) as a result of acts of a heroic made in particularly hazardous conditions, demonstrating exceptional courage, risking life or health, in defense of the law, the inviolability of state borders, life, property or safety of citizens.

7. Association release from official duties of the acts referred to in paragraph. 6 point 2, decide supervisor in writing.


Art. 60d. [Documents confirming the inability to service] period of being on sick leave states medical certificate issued in accordance with Article. 55 paragraph. 1 and art. 55a paragraph. 7 of the Act of 25 June 1999. On cash benefits from social insurance in case of sickness and maternity, or print medical certificate referred to in Article. 55a paragraph. 6 of the Act, that:

1) the reason for invalidity due to undergoing necessary medical examinations provided for candidates for donors of cells, tissues and organs and invalidity due to undergo a procedure of donating cells, tissues and organs - a certificate issued by a doctor on a regular printing in accordance with regulation art. 53 paragraph. 3 of the Act of 25 June 1999. On cash benefits from social insurance sickness and maternity benefits;

2) in the case referred to in Article. 60c paragraph. 2, point 2 - certificate organizational unit public blood;

3) in the case referred to in Article. 60c paragraph. 2 point 5 point and - a statement officer;

4) in the cases referred to in Article. 60c paragraph. 2 point 5 point bic - a medical certificate issued by a doctor on a regular print;

5) in the case referred to in Article. 6 paragraph. 2 Section 1 of the Act of 25 June 1999. On cash benefits from social insurance in case of sickness and maternity - the decision taken by the competent authority or authorized entity on the basis of regulations on the prevention and combating of infections and infectious diseases in humans.

Art. 60da. [Notification of a medical certificate] Notification of a medical certificate is carried out using the profile information, referred to in art. 58 paragraph. 1 of the Act of 25 June 1999. On cash benefits from social insurance in case of sickness and maternity, on the terms specified in the Act. Managers of organizational units of the Prison Service use or create a profile information payer referred to in Article. 58 paragraph. 1 of the Act.

Art. 60e. [The deadline for sick leave, certificate or decision] 1. Print a medical certificate referred to in Article. 55a paragraph. 6 of the Act of 25 June 1999. On cash benefits from social insurance in case of sickness and maternity, medical certificate referred to in Article. 55a paragraph. 7 of this Act, a certificate issued by a doctor on a regular print in the cases referred to in Article. 60c paragraph. 2 point 5 point bic and art. 60d paragraph 1 the certificate organizational unit public blood or decision referred to in Article. 60d paragraph 5, the officer is obliged to deliver the head of organizational entity, which serves shall, within 7 days of receipt.

2. Statement as to whether the circumstances referred to in art. 60c paragraph. 2 point 5 point and, the officer is obliged to submit to the Head of the organizational unit in which the officer serves shall, within 7 days of their occurrence.
3
. Failing obligation referred to in paragraph. 1 or 2, in the absence of the service during the period of being on sick leave is considered to be unjustified absence, unless the failure of the certificate or declaration due to reasons beyond the control of the officer.

Art. 60f. [Checking the proper use of sick leave and the statements officer] 1. Proper rule on the temporary invalidity due to illness, the correct use of sick leave, meet the requirements of formal medical certificate and a statement of the officer referred to in Article. 60d paragraph 3 may be subject to inspection.

2. The audit conducted by:

1) medical boards report to the minister responsible for internal affairs - to rule on the regularity of the temporary inability to serve because of the disease and the proper use of sick leave;

2) The manager of an organization in which the officer is serving - in terms of the proper use of sick leave and to meet the formal requirements of medical certificates and for the declaration of the officer referred to in Article. 60d paragraph 3
3
. If the result of the inspection is determined improper use of sick leave, the officer loses the right to the salaries for the entire period of release.

4. If upon inspection it is determined that the statement of the officer referred to in Article. 60d paragraph 3 has been made wrongly, an officer loses the right to the salaries for the entire period of release.

5. If as a result of a medical committee will determine the date on which the incapacity for duty earlier than the date imposed for the medical certificate, the officer loses the right to the salaries for the period from that date to the end of the release.


6. If upon inspection it is determined that the sick is false, the officer loses the right to the salaries for the entire period of release.

7. Checking the proper use of sick leave is to determine whether the officer during the ruling of invalidity, including the personal care of a child or other family member, do not use sick leave in a manner inconsistent with its purpose, in particular, if not in gainful employment.

8. Control statements officer, referred to in art. 60d paragraph 3, is to determine whether there is an unforeseen closure of the nursery, children's club, kindergarten or school to which the child attends an officer, or to determine whether a nanny or guardian of a child living were on sick leave.

9. Control the proper use of sick leave and the statements of the officer referred to in Article. 60d paragraph 3, carried out by a person authorized by a superior officer.

10. If it is found during the inspection, the officer gainfully employed or uses sick leave in any other manner inconsistent with its purpose, the person controlling draws up a report, stating, for What was the improper use of sick leave.

11. If it is found during the audit, a statement that the officer referred to in Article. 60d section 3, it is not true, the person controlling prepares protocol.

12. The protocol shows the officer to bring him any comments. To comment officer confirms the signature.

13. On the basis of the findings contained in the report postponed states lose the right to the salaries for the period referred to in paragraph. 3 or 4. This provision shall apply accordingly in the event of notification by the medical commission subordinate to the minister responsible for internal affairs as a result of this committee checks on irregularities in the use of sick leave.

14. Checking the formal requirements of medical certificates is to verify whether the certificate:

1) has not been falsified;

2) has been issued in accordance with the rules and procedure for issuing medical certificates.

15. Where the checks referred to in paragraph. 14 point 1, it is suspected that a medical certificate had been forged, it is superior to the doctor who issued the medical certificate to explain the matter.

16. If you suspect that a medical certificate has been issued contrary to the provisions of the rules and procedure for issuing medical certificates, is superior to explain the matter to the field organizational unit of the Social Insurance Institution.

Art. 60g. [Rules for calculating salaries] 1. The base salaries referred to in Article. 60c is a basic salary including allowances of a permanent nature granted to an officer at the last position held official, including arising in this period of change, affecting the right to wages and other contributions or their height.

2. When calculating salaries for the period of being on sick leave, it is assumed that the salary for one day being on sick leave is 1/30 of the salaries referred to in Article. 60c.
3
. If the officer has already downloaded the salary for the period in which he was on sick leave, he deducts the corresponding part of the salaries at the next payment.

4. Officer, who was on sick leave in the last month of service, shall be deducted the corresponding portion of the salaries of the payments due to him for dismissal from service or the officer returns the appropriate part of the salaries on termination of service relationship.

Art. 60h. [Purpose of funds accruing from the reduction of salaries of officers in the period of being on sick leave] 1. The funds earned from reducing the salaries of officers in the period of being on sick leave is spent entirely on the recognition awards for carrying out my duties as a replacement officers staying on layoffs medical.

2. The funds referred to in paragraph. 1, increase the fund awards annual recognition awards and grants.
3
. Distribution of funds referred to in paragraph. 1, takes place after the end of the period, lasting not less than one calendar month and no longer than 3 calendar months, the choice of period dependent on the size of funds accruing from the reduction of salaries of officers.


Art. 60i. [Height reduction in basic salary to be disregarded in determining the basis for calculating the benefit] Reduce the amount of the basic salary including allowances of a permanent nature for a period of being on sick leave is not taken into account in determining the basis for calculating the benefit as referred to in Article. 100, Art. 101 paragraph. 1, Art. 102 paragraph. 1 and art. 193 paragraph. 1 point 1 and 4.

Art. 61. [Unauthorized leave the place of service - suspension of payment of salaries] 1. The officer, who voluntarily left the place of service or remain outside of it or do not take the service is suspended payment of the salaries of the next payment date. If the officer has already downloaded salary, deducted from his immediate payment of 1/30 of the monthly salaries for each day of unexcused absence.

2. Where the absence as justified, the officer shall be paid and deducted suspended part of the salaries.
3
. In case of culpable unable to perform his official duties, the provisions of paragraphs. 1 and 2.

Art. 62. [The terms of payment salaries and allowances] 1. Basic salary and allowances to the salaries of a permanent nature are paid directly into the hands of the officer, subject to paragraph. 3.

2. Basic salary and allowances to the salaries of a permanent nature are payable monthly in advance, on the first working day of each month.
3
. Basic salary and allowances to the salaries of a permanent nature at the written request of an officer may be paid in the form of non-cash payment to the designated bank account within the period referred to in paragraph. 2.


Chapter 8


Higher managerial positions in the Prison Service

Art. 63. [higher managerial positions in the Prison Service] 1. Posts:

1) Director General

2) Deputy Director-General,

3) regional director,

4) deputy regional director,

5) Prison Director and Director of the detention center,

6) Deputy Prison Director and Deputy Director of the detention center,

7) Commander of the Central Training Centre of Prison Service, commander of the training center of the Prison Service and the commander of the Centre of Excellence personnel of the Prison Service

8) Deputy Commander of the Central Training Centre of Prison Service, the deputy commander of the training center of the Prison Service and the deputy commander of the resort staff development Prison Service

- Are higher managerial positions in the Prison Service.

2. Superior officer occupying higher managerial positions in the Prison Service, if the provisions of the Act does not provide otherwise, is:

1) The Minister of Justice - with regard to the Director General;

2) The Director General - in relation to the Deputy Director-General, regional director, Commander of the Central Training Centre of Prison Service, commander of the training center of the Prison Service and the commander of the Centre of Excellence Prison Service personnel under his direct subordinate;

3) The director of the district - for the deputy regional director, director of the prison and detention center director and commander of the Centre of Excellence personnel of the Prison Service;

4) The Director of the Prison and detention center director, Commander of the Central Training Centre of Prison Service, commander of the training center of the Prison Service and the commander of the resort staff development Prison Service - for their deputies.

Art. 64. [Appointment and dismissal of the Director General and Deputy Director General] 1. The Director General shall be appointed and dismissed by the Prime Minister at the request of the Minister of Justice.

2. Deputies Director General shall be appointed from among the officers of the Prison Service and dismissed from the post of Minister of Justice at the request of the Director General.

Art. 65. [Appointment and dismissal of the director and deputy director of the county district] 1. The District Director shall be appointed from among the officers of the Prison Service and dismissed from the post of Minister of Justice at the request of the Director General.

2. Deputy regional director shall be appointed from among the officers of the Prison Service and dismissed from the post of Director General at the request of a regional director.

Art. 66. [Appointment and dismissal of the director of the prison and the director of the detention center] 1. The Director of the prison and the director of the detention center shall be appointed from among the officers of the Prison Service and dismissed from the post of Director General at the request of the competent regional director.

2. Deputy director of the prison and deputy director of the detention center shall be appointed from among the officers of the Prison Service and dismissed from the position of director of the district at the request of the director of the prison or the director of the detention center.


Art. 67. [Appointment and dismissal of the commander] 1. Commander of the Central Training Centre of Prison Service, commander of the training center of the Prison Service and the commander of the resort staff development Prison Service appointed from among officers of the Prison Service, and dismissed from the post of Director General.

2. Deputy Commander of the Central Training Centre of Prison Service, the deputy commander of the training center of the Prison Service and deputy commander of the Centre of Excellence personnel of the Prison Service shall be appointed from among the officers of the Prison Service and dismissed from the post of Director General.

Art. 68. [The appeal officer from his post] 1. The officer on duty at the official position occupied by the appointment may be at any time or within a specified time dismissed from this position.

2. The appeal officer from his position does not cause termination of the service relationship.
3
. The officer retains the last position held business, for which the law does not provide for the appointment. However, it can move to the other, at least equivalent post in the same or another organizational unit. The provision of Article. 72 paragraph. 1 shall apply.

4. Officer was dismissed from his position can be transferred with the consent according to the disposal of the competent supervisor, referred to in art. 63 paragraph. 2. The period remain at the disposal of the officer may not be longer than 6 months. After this period, the officer shall be appointed or transferred to other official position. The appointment or transfer to a lower official position of previously occupied with consent of the officer. If you do not agree, the officer released from service.

5. During remain at the disposal of the officer retains the right to wages and other cash benefits conferred recently occupied the position of subordination with regard to created during this period changes affecting the right to wages and other benefits in cash or, at their height.

6. During remain at the disposal of the officer is required to perform duties on order from a superior, in the disposal of remains.


Chapter 9


Change the conditions of service of officers

Art. 69. [Cut officer to serve in another organizational unit] 1. The officer can be moved from office to service in another organizational unit in cases on grounds of major needs service. The officer can also be transferred at his own request, if not precluded by business considerations.

2. For transferring officer and determine its official position is competent:

1) The Director General - in the country;

2) The director of the district - in the area of ​​its operation.

Art. 70. [Posting officer] 1. The officer can be delegated to the office for a period of up to 6 months for temporary service in another organizational unit, including the institutions of the economy budget, referred to in art. 8 paragraph. 5, in the case on grounds of major needs of the service; or re-delegate further before two years requires the consent of the officer. The officer can also be posted at his own request, if not precluded by business considerations.

2. To delegate officer and determine its official position is competent:

1) The Director General - in the country;

2) The director of the district - in the area of ​​its operation.
3
. To participate in training and professional development officer delegates the right manager of an organization.

Art. 71. [The prohibition of transfer or posting of an officer to serve in another organizational unit] can not without the consent of the transfer or delegate to serve in another organizational unit:

1) the officer in pregnant women;

2) the officer alone exercising custody rights for 14 years;

3) officer alone holding the childcare unable to work or independent existence, before the child 18 years of age or completion of his studies, but not longer than to achieve 25 years of age;

4) officer alone exercising custody rights completely unable to work, regardless of its age.

Art. 72. [continued right to the salaries received for the previously held position] 1. The officer moved to the post of duty, downgraded to a lower basic salary, the right to the salaries received for previously occupied the position until the basic salary equal previously levied or higher.


2. The provision of paragraph. 1 shall not apply to officers transferred to a lower official position on the basis of art. 85 paragraph. 1 and paragraph. 2 points 2 and 3, as well as officers transferred at his own request.
3
. Director General, at the request of a competent manager of an organization, in special cases, may agree on the behavior of the officer referred to in paragraph. 2, transferred to the position of service downgraded to a lower basic salary, the right to salaries due to the previously held position.

Art. 73. [duties vested by delegation or przeniesionemu officer] 1. In case of transfer of authority to serve in a different town or posting to a temporary duty officer is entitled to housing or temporary accommodation, as referred to in Chapter 18.

2. Officer delegated to serve in another locality entitled to receivables from a business trip in the country.
3
. Przeniesionemu officer from the office to serve in another locality entitled receivables transfers:

1) diet for him and family members referred to in Article. 176, for travel time and first night in the new place of residence;

2) a lump sum to cover the costs of travel to a new place of residence of persons referred to in point 1;

3) Allowance osiedleniowy;

4) lump sum in respect of the transfer;

5) the cost of transporting household appliances;

6) reimbursement of travel costs to the place of service and back, when the family members referred to in Article. 176 remain at the current place of residence.

4. Minister of Justice in consultation with the minister for labor affairs shall specify, by regulation, the amount and mode of allocation and payment of debts referred to in paragraph. 2 and 3, having a good time on a business trip.

Art. 74. [Delegate to the officer on duty outside the Prison Service in the country or outside the country] 1. The Director-General may delegate officer, for a specified period and with its consent, to serve outside the Prison Service in the country or outside the country.

2. The officer may be assigned to duty outside the Prison Service to implement the tasks defined in the Act or the tasks specified in other laws or ratified international agreements.
3
. The officer may be assigned to:

1) the national Office supports public authority, which are performed tasks as specified in paragraph. 2, hereinafter "the national institution";

2) office, organization or an international body or foreign state in which they performed the tasks referred to in paragraph. 2, hereinafter referred to as "foreign institution".

Art. 75. [request for deployment of the officer on duty outside the Prison Service] 1. A request for deployment to the officer on duty outside the Prison Service may occur:

1) the authorities of the Prison Service;

2) the authorities of national institutions;

3) The authorities of foreign institutions.

2. The application referred to in paragraph. 1, should specify the name of the institution, position designated for the officer, the professional qualifications required for appointment to this position, the nature and extent performed in this position duties and responsibilities and the expected duration of the secondment. Conclusion foreign institution should additionally include the powers and duties vested seconded officer in the institution.

Art. 76. [Consent officer in a written statement] Secondment to serve outside the Prison Service after approval by the officer in a written statement containing in particular: name of the institution and set out for the officer's job, the nature and extent performed in this position tasks and responsibilities and the period of secondment.

Art. 77. [Consideration of the request] If the application referred to in Article. 75, CEO:

1) includes - for the purposes of performing the service in the Prison Service and the calculation of salaries and other monetary claims officer in the period of secondment - official position defined in the application to the appropriate group of basic salary of officers and determines the degree of the Prison Service, which zaszeregowuje this position , the official salary calculated in this manner can not be lower than previously obtained;

2) deploy an officer to a particular institution.


Art. 78. [Appointment of an officer to the post of business according to the proposal] 1. The authority of the national institutions or foreign appoint an official to the post of service according to the request, referred to in art. 75.

2. The authority of institutions domestic or foreign may appoint an officer to another post of duty than those specified in the application referred to in Article. 75, if the CEO and the officer agree to it in the form of a written statement.

Art. 79. [The rights and benefits for seconded officer] 1. The officer seconded entitled to rights and benefits, including salary and other cash benefits, under the terms of the Act.

2. Officer seconded to the provisions that apply to an employee of the position occupied by the official officer, in particular regarding the obligations of the employer and the employee awards and penalties, working hours, health and safety, awards, and work rules.

Art. 80. [Payment of salaries and bonuses, the issuance of benefits in kind and the granting of leave seconded officer] 1. National Authority, to which the delegated officer is paid seconded officer:

1) salary;

2) annual awards, in proportion to the duration of the secondment;

3) recognition awards.

2. An organizational unit in which the officer was on duty prior to the posting, it benefits in kind and pays their equivalents, as well as pays other than those listed in paragraph. 1 receivables and cash benefits granted to an officer with the title of service.
3
. Seconded officer leave grants the authority of the institution to which he is seconded to the principles and dimensions specified in the Act.

Art. 81. [The appeal from the secondment of an officer] 1. The Director-General, if it is justified by the needs of the Prison Service can revoke an officer of the posting, even without his consent.

2. The authority of institutions of national or foreign, at least one month in advance, may apply to the Director General for the dismissal of an officer of the secondment.
3
. Director General of the links from the secondment of an officer, upon his written request.

Art. 82. [The appointment of an officer to the position of not lower than occupied before the secondment] officers after the cancellation of the posting shall be appointed to the position of not lower than occupied before posting.

Art. 83. [Entrusting officer performing official duties at another position] 1. The manager of an organization may entrust officer performing official duties at another position in the same organizational unit for a period not exceeding 12 months; in such a case officer salary can not be reduced.

2. If necessary replacement officer during his absence from duty, including supervisor can delegate to an officer performing official duties at the position occupied by the absent officer for the duration of his absence not exceeding 12 months; in such a case officer salary can not be reduced.
3
. After the expiry of the maximum period of entrusting duties to another post in the same organizational unit referred to in paragraph. 1 and 2, again entrusting responsibilities on the same job title is unacceptable.

Art. 84. [Cut officer available to a particular supervisor] 1. Officers in the event of dismissal from the date official position can be transferred to the disposal of a particular supervisor for the period:

1) exemption from the duties of their duties, granted pursuant to the provisions of the Act of 23 May 1991. Trade Unions;

2) the delegation of tasks to perform duties outside the Prison Service in the country or outside the country.

2. Transfer the officer to make available superior jurisdiction to appoint him to the position held business.

Art. 85. [Cut officer of a subordinate position] 1. Officers transferred to a subordinate position in the event of imposition of disciplinary appoint a subordinate position.

2. The officer can move to a lower official position in the following cases:

1) the decision by the medical commission of the total invalidity on the occupied position if it is not possible appointment to the position equivalent in terms drawn basic salary;

2) loss of qualifications for the position held;


3) failure to comply with duties on the occupied position established during the fixed service in two consecutive service opinions separated by at least 6 months;

4) elimination of his position, if it is not possible to appoint an officer to a position equal in terms of basic salary drawn.
3
. The officer can move to a lower official position also at his request.



Chapter 10

Giving opinions officers

Art. 86. [Giving opinions service] officer is subject to periodic issuing opinions służbowemu, which aims to:

1) provide a basis for assessing individual professional development program;

2) to determine suitability for service, evaluation of fulfillment of duties and the suitability for the position held;

3) the emergence of candidates for appointment and appointment to senior corporate and promotion to higher ranks Prison Service.

Art. 87. [official criteria for issuing opinions] 1. Assessing business includes the following criteria:

1) professional skills, taking into account the requirements for the position held official, specialist qualifications resulting from the completion of training or studies, foreign languages ​​and the results achieved by the officer during the training;

2) the use of skills, including knowledge of applicable regulations and procedures and their application, resource knowledge and skills to discharge their duties and tasks on the official position held;

3) initiative and the improvement of qualifications, as well as the ability of independent searching and acquiring the necessary information;

4) the ability to plan and organize work, taking into account the ability of grading tasks according to their importance, and the efficiency and timeliness of the implementation of tasks;

5) the ability to work in a team, including the manifestation of an attitude conducive to the formation of a good working atmosphere, not inducing conflict situations and, if necessary, assistance and counseling;

6) communication skills, including the ability to transmit, receive and understand the information orally and in writing, a clear and distinctive formulation of expression in a way that ensures their understanding;

7) the ability to think analytically, including the ability to assess the value of information, their sources and selection criteria and to interpret and draw conclusions;

8) independence, including the ability to act without involving other people and the need for supervision of their superiors;

9) motivation and creativity, including the ability to create new solutions and improve existing ones, initiate actions and take responsibility for it;

10) availability, including the possibility and willingness to take and implementing the tasks and official duties;

11), coping in emergency situations, taking into account the skills of firm and decisive action in unusual situations, when there is sufficient force (standard) procedures, resistance to stress, emotional self-control, the ability to adapt activities to the rapidly changing conditions and situations;

12) observance of professional ethics and discipline, taking into account respect for the principles resulting from a complex oath.

2. The official issuing opinions on the senior management positions in the Prison Service in addition to the criteria listed in the paragraph. 1 assessed:

1) the ability to efficient management, including the ability to properly deploy and exploit the potential of the human and material resources, financial and information necessary in the implementation of official tasks, skills, acquire new resources, supervision of the execution of official duties and inspection tasks, as well as to motivate subordinate officers and employees to a higher quality of work and professional development;

2) the ability to negotiate, including the ability to achieve the desired position, maintaining appropriate interpersonal relations, and the conflict situation - making an open discussion on the sources of conflict in order to solve the problem;

3) the ability to think strategically, identifying needs and generate courses of action, the ability to assess the risk of creating strategy in line with the objectives of the service.

Art. 88. [authorities issuing opinions of business] business reviews appear:

1) The Minister of Justice - to the Director General;


2) The Director General - about their zastępcach, managers of organizational units in the Central Board of the Prison Service, the regional directors, Commander of the Central Training Centre of Prison Service Commanders training centers Prison Service Commanders and centers of excellence Prison Service personnel under his direct subordinate;

3) The director of the district - the area of ​​their operation - about their zastępcach and officers serving in the district inspectorate Prison Service, directors and directors of prisons and remand centers of excellence Commanders personnel of the Prison Service;

4) The commander of the Central Training Centre of Prison Service, commander of the training center of the Prison Service, the commander of the resort staff development Prison Service - respectively - with their zastępcach, managers of organizational units and officers serving on the independent positions;

5) The director of the prison and the director of the detention center - about their zastępcach, managers of organizational units and officers serving on the independent positions;

6) The manager of the organizational unit - of directly subordinate officers;

7) of the officers delegated to temporary service in another organizational unit - superior jurisdiction during the posting.

Art. 89. [The deadline for issuing official opinion] 1. The opinion of the official functionary seems to be:

1) during the preparatory service - no later than 30 days before the end of the first year of service and 60 days prior to the appointment on a permanent basis;

2) in the fixed - no later than 30 days before the end of every three years of service to the achievement of 15 years of service and every 5 years of service after 15 years of service.

2. The deadline for issuing the opinion is counted from the date of acceptance of the service or giving opinions on the last day.
3
. The deadline for issuing the opinion may be delayed for a period of:

1) The suspension of a business;

2) Event vocational training;

3) maternity leave on conditions of maternity, paternity or parental leave;

4) parental leave;

5) unpaid leave or release from official duties;

6) of the disease;

7) delegation to temporary service in another organizational unit;

8) secondment to serve outside the Prison Service.

4. Giving opinions on business carried out regardless of the terms referred to in paragraph. 1 in the following cases:

1) The application for appointment or the appointment of an officer to a higher official position or by giving the next higher level of the Prison Service, if the latter giving opinions passed at least one year;

2) establish unsuitability for the position held, unsuitability for service in the period of preparatory service, or failure to comply with duties;

3) if the date of the opinion stating failure to comply with duties 6 months have elapsed;

4) command a higher superior.

Art. 90. [Getting to know the content of the opinion] 1. The issuing official opinion introduces her proposals discussed officer within 14 days from the date of its preparation. The officer confirms that read the content of the opinion signature.

2. In case of refusal of the signature issuing an opinion drawn up on this occasion annotation on the sheet opinions.
3
. The officer, who does not agree with the content of the opinion, may, by means of issuing an opinion, the request for the change to a higher supervisor within 14 days of the day on her.

4. If the opinion is issued by the Minister of Justice, the Director General may apply to the Minister of Justice with a request to change it.

Art. 91. [New opinion] 1. Where the application entirely officer to change opinion, superior issue a new opinion. Previous opinion shall be destroyed.

2. If the supervisor considers the request for change of opinion to be inappropriate, it sends it within 7 days higher supervisor, together with the opinion and their own position in the matter.
3
. Higher superior examines the application within 30 days of its filing.

Art. 92. [Maintenance of or opinion challenge] 1. Higher supervisor may contested opinion

1) maintain;

2) set aside in its entirety and to recommend a new opinion under the prescribed circumstances.

2. The officer informed in writing, through issuing an opinion on how to examine the application.
3
. In the case referred to in paragraph. 1 point 2, the previous review is destroyed.

4. The opinion, for which no application has been made to have it amended opinion maintained in force, as well as the opinion issued by the recognition of the proposal, included in the personal file of the officer.


Art. 93. [The delegation] The Minister of Justice shall determine, by regulation, the pattern sheet official opinion, taking into account in particular the criteria for the assessment of the requirements for the position held official, as well as the criteria for assessing personality traits, skills and aptitudes officer to serve on the occupied official position.



Chapter 11

Suspension officer official function

Art. 94. [Suspension officer official function] 1. Officers suspended in his duties in the event of detention.

2. Officer can suspend a business in case of initiation of criminal proceedings against them for an intentional offense prosecuted by indictment or an intentional tax crime or disciplinary proceedings.
3
. Suspension may be for a period no longer than 3 months. In particularly justified cases the period of suspension of service may be extended for no longer than 12 months.

4. The suspension of a business carried postponed the appointing officer of position duties.

Art. 95. [Suspension 50% due salaries] 1. the suspended officer in his duties shall be suspended from the next payment date, 50% of the due salaries.

2. In the event of a repeal suspending business officer receives suspended part of the salaries and the increase of salaries, introduced during the suspension period, if it has not been convicted of an offense intentional indictable or intentional tax crime indictment or intentionally committed fiscal offense or punished disciplinary penalty of expulsion from the service.
3
. In the event of a final cancellation of criminal proceedings for a criminal offense or treasury offense or acquitted by a final judgment of a court in that case, the officer receives suspended part of the salaries and the increase of salaries, introduced during the period of suspension or even cancellation of acquittal came after the officer released from service.

4. The provision of paragraph. 3 shall not apply in cases where criminal proceedings for the offense or fiscal offense referred to in paragraph. 2, were discontinued because of the limitation, amnesty, and in the case of conditional discontinuance of the proceedings.



Chapter 12

Termination of official functionaries

Art. 96. [exemption from service officer] 1. The officers released from service in the cases:

1) unsuitability for service, found in the official opinion during the preparatory service;

2) written notification of the service.

2. The officer can be released from service in the cases:

1) failure to comply with duties during the period of the fixed service recorded in two consecutive reviews, between which at least a 6 months;

2) call to other national service;

3) to reach the 30-year length of service in the Prison Service;

4) liquidation of the organizational unit or its reorganization combined with a reduction in staffing, if the transfer of an officer to another organizational unit or a subordinate position is not possible;

5) do not agree to transfer to a lower position in the cases referred to in paragraph 4 and in Article. 85 paragraph. 2;

6) absence from duty due to illness lasting for a continuous period of 12 months;

7) the expiry of the 12-month period of suspension of business;

8) twice unjustified failure to appear for the tests referred to in Article. 111 paragraph. 2, or to subject them, or in the case of unjustified failure to appear twice on the observation of the therapeutic entity, in case the consent of the officer, unless a referral to the medical committee took place at the request of an officer;

9) a final refusal of the security clearance within the meaning of provisions on the protection of classified information.
3
. Officer released from service within three months from the date of the written notification of the service.

4. In the cases referred to in paragraph. 2 point 4 of the exemption from the fixed service may take place after 6 months, and in the case of preparatory service - after 3 months from the date of the decision to liquidate the organizational unit or its reorganization.

5. The planned release officer from the service of the reason specified in paragraph. 2 point 3 are warned in writing to the officer at least six months before the date of his release.

Art. 97. [Termination of service relationship officer] 1. The ratio of staff officer expires in case of:


1) the definitive ruling by the medical commission of the total invalidity;

2) a final decision on imposing disciplinary penalty of expulsion from the service;

3) conviction by final judgment of the court to imprisonment, if the execution of the sentence has been conditionally suspended;

4) conviction by final judgment of the court for an offense prosecuted by indictment or an intentional tax crime indictment or intentionally committed fiscal offense;

5) a decision by a final judgment of a court penal measure of deprivation of civil rights or a criminal prohibition of employment as an officer of the Prison Service;

6) absence from duty for a period of 3 months due to temporary arrest;

7) renunciation of Polish citizenship;

8) leave the service of the officer;

9) the death of an officer;

10) finding missing officer.

2. By abandoning the service must be understood unjustified absence of the officer lasted more than 10 calendar days.
3
. Termination of service relationship is equivalent to the termination of the service relationship within the meaning of the Act of 18 February 1994. On retirement of police officers, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, Border Guard, the Government Protection Bureau , State Fire Service and Prison Service and their families (Dz. U. of 2015. pos. 900, 1268 and 1830).

Art. 98. [Competent authority on the exemption from service or revocation service relationship] Exemption from service or revocation service relationship makes postponed the appointing officer at the recently held the position of business.

Art. 99. [check] officer in the fixed discharged pursuant to art. 96 paragraph. 1, item 2 or paragraph. 2 and officer in the fixed service, the service relationship has expired pursuant to Art. 97 paragraph. 1 point 1, receives a briefing.

Art. 100. [The amount of severance] The amount of severance pay for an officer in the service of a fixed amount equal to three months' basic salary including allowances of a permanent nature, due to the last position held missions. Severance pay is increased by 20% of basic salary including allowances for permanent for each additional full year of seniority over 5 years of continuous service, up to a height of six basic salary including allowances of a permanent nature. The period of service in excess of six months counted as a full year.

Art. 101. [death benefit in the event of the death or disappearance of the officer] 1. In the event of the death or disappearance of the officer remaining after the family has the death benefit in the amount in which they have been entitled ago briefing officer had been discharged.

2. If the death or disappearance of the officer occurred in connection with the performance of his official duties, shall be entitled to death benefit amounting to six months' basic salary including allowances of a permanent nature, due to the last position held missions.
3
. The provision referred to in paragraph. 1 and 2, the spouse is entitled to an officer, who remained with him in cohabitation, followed by children and parents of an officer, if on the death of the officer met the conditions for obtaining a survivor's pension under the Act referred to in Article. 97 paragraph. 3.

Art. 102. [The provision for the officer released because of a 30-year apprenticeship, the decision of the medical committee, liquidation or reorganization of the unit] 1. officer in the fixed, dismissed from service on the basis of art. 96 paragraph. 2 point 3 and 4, and the officer whose service relationship has expired pursuant to Art. 97 paragraph. 1 point 1 shall be paid each month for one year following discharge from the Prison Service to provide cash in an amount equivalent to the basic salary including allowances of a permanent nature, levied on the last position held missions. This benefit is paid to the officer in the fixed, dismissed on the basis of art. 96 paragraph. 1 point 2, when it fills the same time the condition referred to in Article. 96 paragraph. 2 Section 3

2. The officer is entitled to benefits referred to in paragraph. 1, which acquired the right to retirement pension, you shall be entitled to select one of these benefits.


Art. 103. [Reimbursement of training] 1. An officer dismissed from the service for the reasons specified in art. 96 paragraph. 1 point 2 and the officer whose service relationship has expired pursuant to Art. 97 paragraph. 1 point 2-8 before the expiry of five years from holding a preparatory course or vocational training, is obliged to pay revalued amount equivalent to the cost of food, accommodation, uniforms and travel expenses received during training.

2. The cost of food, lodging, uniforms and travel expenses received by the officer during the training is determined as the sum of:

1) the daily rates of the budget for food and accommodation officer during the training;

2) the value of items of uniforms issued to the officer during the training, in accordance with the standards and principles of allocating uniforms and equipment of special officers, calculated on the basis of the number of days of use of these items and the cost of a one-time cleaning them;

3) received diets to cover the increased costs of food during business travel;

4) amounts received for the ride on the way from a permanent place of service to the training center or their staff Prison Service and back and lump sums for commuting by public local.
3
. The amount equivalent to the cost of food, accommodation and uniforms is determined according to the rates in force on the date of dismissal from service officer.

Art. 104. [Determination of costs] 1. Superior entitled to establish the cost of food, accommodation, uniforms and travel expenses received during the preparatory course or vocational training and enforcement, as well as the exemption from the obligation to reimburse these costs, in whole or in part, is postponed referred to in Article. 98.

2. Superior determine the cost of food, accommodation and uniforms received by an officer during the preparatory course or vocational training based on written information properly commander of the training center or the commander of the Centre of Excellence personnel of the Prison Service.

Art. 105. [Exemption from reimbursement] superior can dispense with the obligation to reimburse the costs of food, accommodation, uniforms and travel expenses received during the preparatory course or vocational training, in whole or in part, upon the written request of an officer, he justified his situation in life, family or material.

Art. 106. [zrewaloryzowanej deposit an amount equivalent to the cost] 1. revalued amount equivalent to the cost of food, accommodation and uniforms and travel expenses received during the preparatory course or training officer pays the organizational unit in which he served before release.

2. Receivables referred to in paragraph. 1, not returned by the officer, shall be deducted from the salaries under the terms of art. 228.

Art. 107. [The loss of the degree of the Prison Service] 1. The officer, whose service relationship is terminated, it can use the degree of the Prison Service with the addition of the term "idle".

2. The loss of the degree of the Prison Service takes place in the event of revocation of the service relationship officer in the cases:

1) renunciation of Polish citizenship;

2) conviction by final judgment of the court for a penal measure in the form of deprivation of civil rights;

3) conviction by final judgment of the court to imprisonment for an intentional offense prosecuted by indictment or an intentional tax crime indictment or intentionally committed fiscal offense, if its execution has not been conditionally suspended.

Art. 108. [Restrictions on dismissal from service officer] 1. Officers during pregnancy and maternity leave, under the terms of maternity, paternity and parental leave can not be released from service or declare the expiry of his service relationship, with the exception of the cases referred to in Article . 96 paragraph. 1, item 2 and paragraph. 2 points 2 and 4, and the cases referred to in Article. 97 paragraph. 1 point 2-10.

2. Officer referred to in paragraph. 1, dismissed from service during the period of preparatory service on the basis of art. 96 paragraph. 2 point 4, is entitled to receive cash, as referred to in Article. 102 paragraph. 1.
3
. Officer dismissed from service during parental leave pursuant to art. 96 paragraph. 2 point 4 is entitled to the end of the period for which the leave was granted:

1) cash benefits, paid to the principles governing the payment of child benefits;


2) other rights provided for workers laid off from work during maternity leave for reasons not attributable to employees.

Art. 109. [issue of a certificate of service dismissed officer] 1. The officer, whose service relationship is terminated, it seems immediately certificate of service.

2. The officer may demand rectification of the certificate of service within 7 days of its receipt.
3
. Officer, to whom harm has been done as a result of failure to the date or issue incorrect certificate of service, awarded compensation in the amount of 1/30 of the monthly salaries for the last position held for each day of unemployment because of this, but not longer than for a period of 6 weeks.

4. The Minister of Justice shall determine, by regulation, the data to be included in the certificate of service, procedure of issuing and extension of the certificate of service, its design, as well as the procedure of granting compensation for the damage caused to the failure to the date or the release of an incorrect certificate of service, given the need to put in the certificate of service information necessary to determine the rights arising from the employment relationship and social security entitlements.



Chapter 13

Health and safety officers in the service

Art. 110. [Medical Committees] 1. The ability of physical and psychological services to determine the medical commissions subordinate to the minister responsible for internal affairs, 'the medical committees. "

2. The Minister of Justice shall determine, by regulation, the scope and method of testing physical fitness, taking into account in particular the nature of the service and the conditions for its exercise.

Art. 111. [Referral to the medical committee] 1. The officer can be sent to the medical committee:

1) the office or at his request - in order to determine the state of health and to determine physical and mental ability to serve, as well as the relevance of particular diseases with the service;

2) of office - to verify the correct ruling on temporary incapacity for duty due to illness or regularity of the use of sick leave.

2. The officer is required to undergo medical examinations ordered by the medical commission, including specialist examination, psychological and additional.
3
. In case studies and gathered documentation does not allow the ruling, the officer may be directed to observe the therapeutic entity, if agreed to it.

Art. 112. [occupational health services] 1. Tasks in the field:

1) health officers from adverse conditions related to the environment ministry and the way to carry it out,

2) preventive health care officials

- Performing units, occupational health services Prison Service, hereinafter referred to as "units, occupational health services," the principles laid down in the Act of 27 June 1997. On the health service work (Dz. U. of 2014. Pos. 1184) .

2. Supervise the execution of the tasks referred to in paragraph. 1, performs the appropriate provincial director and Director General.
3
. Performing the tasks referred to in paragraph. 1, units of occupational medicine interact with the medical committees. The cooperation is based in particular on the exchange of information on the state of health officials, especially those disease states that may be associated with risks of environmental services or means to carry it out, sharing documentation or research and consultation.

4. If it is legitimate health officer, unit, occupational health services may apply to the supervisor a proposal for its referral to a medical commission to determine the state of health and to determine physical and mental ability to serve, as well as the relevance of particular conditions of service.

Art. 113. [Research officer at the request of the superior] 1. The competent body, occupational health services may, on request of the competent superior officer to carry out the study, regardless of periodic inspection and control, if this is justified by reasons of deterioration in his health, which could have negative impact on the performance of the service the currently occupied official position or security agency. In justified cases following examination of the body shall immediately inform the appropriate supervisor to immediately retract officer from carrying out their duties.

2. The officer is required to be tested referred to in paragraph. 1.


Art. 114. [Determination of predisposition to the service at a given position - tests and studies] 1. The officer may be subject to the procedure determining its suitability to serve in specific positions in specific business or organizational units of the organizational units which consists in carrying out a test of your physical or psychological research.

2. Test and research referred to in paragraph. 1, manages the appropriate supervisor.
3
. Fitness test carried out relevant organizational unit of the organizational and psychological tests - the unit of occupational medicine.

4. The Minister of Justice shall determine, by regulation, the procedure of conducting the procedure determining predisposition officers to service the property of organizational units in these matters, as well as predisposition required for certain positions business or in specific cells organizational units, taking into account in particular the provision of health officer in a manner that enables the correct performance of official duties.

Art. 115. [Paid sick leave] officer, at his request, the superior may grant paid sick leave in order to conduct prescribed by the medical committee of treatment, for a maximum of six months in a calendar year.

Art. 116. [camp stamina] 1. The officer in order to improve efficiency may be addressed as part of additional paid leave, referred to in art. 141 paragraph. 1 camp stamina. Participation officer in the camp kondycyjnym is free.

2. The Director-General shall determine, by regulation, steering mode and detailed conditions for the use of the camps physical condition by officers.

Art. 117. [Health and Safety] 1. Superiors are obliged to provide officers safe and hygienic conditions of service.

2. The officer is obliged to respect the rules and principles of occupational health and safety and fire regulations.
3
. The Minister of Justice shall determine, by regulation, the mode and scope of the officers of the Act of 26 June 1974. - Labour Code (Dz. U. of 2014. Item. 1502, as amended. D.) In the field of health and safety work and property superiors in these matters, taking into account:

1) The provisions of section ten of the Act of 26 June 1974. - Labour Code, with the exception of art. 209 [2], art. 2092, art. 2093, art. 210, Art. 229 § 1 and 8, Art. 230, Art. 231, Art. 234, § 2, art. 235, art. 2351, Art. 2352, Art. 237, Art. 2371, art. 2372, art. 2377 § 1 point 1 and § 2-4, art. 2378, Art. 2379 § 3, art. 23711 § 4, Art. 23711, art. 23712, art. 23713 and art. 23713;

2) the nature and conditions of service in the Prison Service.

Art. 118. [Damage to health or damage to property - compensation] 1. The officer, who as a result of the accident remains in connection with the performance of service or due to illness arising in connection with specific characteristics or conditions of service suffered bodily injury or suffered damage to property, receives a one-time compensation. In the event of the death of an officer in the performance of service or due to illness arising in connection with specific characteristics or conditions of service receive other compensation after family members, referred to in art. 101 paragraph. 3.

2. An accident in connection with a performance of the service in the Prison Service is considered to be a sudden event caused by external, causing injury or death, which occurred during or in connection with:

1) performance of official duties or orders of superiors;

2) carrying out activities in the interest of the service, even without instructions of superiors;

3) participation in compulsory classes related to the enhancement of professional qualifications and fitness of officers;

4) the duties or tasks assigned by working in the Prison Service trade union officers or professional organizations or social;

5) rescuing people or their property from imminent danger or saving the State Treasury property against destruction or seizure;

6) providing the representative body of state assistance in fulfilling his official duties;

7) serving a direct route to the place and place of the activities defined in Section 1-6.
3
. The compensation referred to in paragraph. 1, is not entitled to:


1) in the event of an accident or illness, whose sole cause was proved by organizational unit intentional or grossly negligent act or omission of an officer, in violation of applicable laws or orders, if his superiors guarantee conditions corresponding to the regulations and exercised properly supervising their compliance, and the officer had the necessary skills to perform certain duties and are properly trained in these rules;

2) in the event of an accident, which was the sole cause of the behavior of the officer caused by the use of alcohol or narcotic drugs;

3) if the injury or death of an officer have been caused by his willful misconduct.

4. The officer, who had an accident, immediately, if allowed by the state of his health, shall notify in writing about the incident to your supervisor. The case may also notify a superior another person.

5. The Rector, who learned about the accident shall immediately notify the head of the organization with jurisdiction over the place of the accident.

6. The officer is entitled to lump-sum compensation of 70% of the monthly basic salary of the lowest officer in the due date of the decision on compensation for each percentage of health, and in case of death of the officer authorized persons referred to in paragraph. 7, is entitled to compensation amounting to 30 times the basic salary of the lowest officer; the amount of one-time compensation or increase shall be rounded up to full zlotys up.

7. In the event of the death of an officer in the course of duty as a result of an accident or after discharge, within 3 years of the accident, if the cause of death were his effects to compensation are eligible family members.

8. If there is a further deterioration of health officer in connection with an accident or illness that caused the previously established bodily injury, and damage this will increase by at least 10 percentage points, within 3 years of the accident or illness, lump-sum compensation shall be increased by 70 % of the lowest basic salary officer for each percentage of health, surpassing percent, according to which it was fixed compensation referred to in paragraph. 6.

9. One-off compensation shall be increased by an amount 10 times the lowest basic salary of an officer, if the result of an accident or ill health as a result of an accident in relation to the officer has been sentenced to a total inability to serve.

10. Compensation for proven damages incurred as a result of the loss, total destruction or damage in connection with the accident of personal effects, as well as objects used to perform official duties, except of motor vehicles and the monetary value, determined based on the market price of adjudication of compensation, taking into account the consumption of these items. If it is not possible to determine the purchase price of the same item, its value is determined by the purchase price of the object of the same type with identical or similar characteristics.

11. In the event of damage to property, compensation equivalent to the cost of restoring them to working condition. If, however, the degree of damage is significant, or repair costs exceed the value of the damaged item, granted compensation determined in the manner specified in paragraph. 10.

12. The officer is entitled to reimbursement of the supply of medical devices being orthopedic items and aids in the amount of deductible nierefundowanego by the National Health Fund.

13. The compensation payable to members of the family decreases the amount of compensation paid to the officer for bodily injury sustained as a result of accident or illness, being the cause of death later.

14. The Minister of Justice shall determine, by regulation, detailed procedure for determining the circumstances and causes of accidents and diseases referred to in paragraph. 1, superiors right to determine the circumstances and causes of accidents, and specific obligations and superior officer, an accident, taking into account:

1) the method of appointment, composition and procedures, as well as property committee accident;

2) procedures for the nomination and consideration of objections to the findings of the committee after accidents and validation of these findings;

3) specimens of the register of accidents, accident report and other documents produced during the proceedings;

4) procedure in case of suspicion, specimens of documents used in the proceedings and the entities responsible in these matters;

5) the method of documenting diseases and their consequences and conduct their registry.


15. The Minister of Justice shall determine, by regulation:

1) supervisors are competent to award damages;

2) mode, timing and manner of determining:

A) is entitled compensation for an accident or illness remains in connection with their service,

B) the amount of compensation for lost or damaged personal items as well as items for the performance of official duties, except of motor vehicles and the value of cash

C) reimbursement supply medical devices being orthopedic items and aids.

Regulation should be to ensure transparency and efficiency of proceedings and the protection of the interests of victims.

16. The harm to the health as a result of accident or illness, for recognition as completely unfit to serve and live independently, as well as the relationship with the officer's death an accident or sickness, adjudicate medical commissions. The costs shall be borne by the authority in charge.

17. Assess the degree of damage to health and the result of an accident or illness shall be made after the end of treatment or rehabilitation.

18. Minister of Justice in consultation with the minister for internal affairs, the minister responsible for health and the minister responsible for social security shall determine, by regulation, the list of diseases in respect of which the officer is entitled to compensation referred to in paragraph. 1, taking into account the specific characteristics or conditions of service resulting in the formation of these diseases and their relationship with the performed service.

19. The Minister of Justice shall determine, by regulation:

1) the manner of determining the degree of damage to health officials, taking into account the possibility of a multi-site violations of physical fitness and the impact of impairments of bodily functions that may exist before the accident or illness to evaluate the percentage damage to health;

2) a list of standards for the assessment of the percentage damage to health officials, given the current state of medical knowledge.

Art. 119. [Board] 1. The officers carrying out their duties:

1) within the framework of the strengthening of the protection of the individual and organizational support forces,

2) during disaster prevention and liquidation of their consequences,

3) during training sessions, conferences, meetings and seminars organized within the framework of training and professional development organized at the Central Training Centre of Prison Service, the Prison Service training centers and centers of excellence personnel of the Prison Service

4) during business meetings and briefings

- You have the board for the duration of these activities.

2. The officer carrying out their duties referred to in paragraph. 1 point 1 and 2, which is the type and conditions of service or technical and organizational considerations prevent the use of the board, receives a cash equivalent in exchange for food.
3
. The Minister of Justice shall determine, by regulation, the powers of officers to board the service in the conditions referred to in paragraph. 1, taking into account the standards board and forms of their implementation, as well as the level of the daily monetary value of the standards board, its valorisation and admissible exceeded, as well as other cases in which the board is entitled to, given the time and the nature of its business activities.

4. Minister of Justice in consultation with the minister responsible for public finance shall determine, by regulation, the procedure and the conditions for equivalent money in exchange for food in the service and its amount, taking into account the method of its calculation and payment, given the time and the nature of its official duties .



Chapter 14

Time service officers

Art. 120. [This service] 1. Sometimes the service is a time in which the officer remains at the disposal of the superior organizational unit or other place designated for carrying out their duties, including those related to participation in training or professional development, and serving a mission.

2. For the purposes of settlement time service officer:

1) by day - must be understood as 24 consecutive hours, starting from the time at which an officer begins service in accordance with applicable time schedule service;

2) for a week - to be understood 7 consecutive calendar days, starting from the first day of the accounting period.

Art. 121. [Calculation-time service] 1. Time service is on average 40 hours a week in the accepted reference period not exceeding four months.


2. Applicable officer-time service in the adopted accounting period is calculated by multiplying the number of 40 hours per week in the period, and then adding to the resulting number of hours the product of 8 hours and the number of days remaining until the end of the period, falling from Monday to Friday.
3
. Each festival occurring in the period and falling on a day other than Sunday reduces the time dimension of service for 8 hours.

4. The dimension of time service officer in the accounting period is during this period reduced the number of hours of excused absences in the service attributable to overwork during this absence, in accordance with the approved time schedule service.

Art. 122. [The weekly service] 1. The weekly service, including extended service time can not exceed 48 hours on average in the accepted period.

2. The limitation provided for in paragraph. 1 does not apply to heads of organizational units and their deputies.

Art. 123. [distribution service time] 1. There will be time distribution service officer:

1) wielozmianowy - in positions of business, which are required to serve in shifts or in a continuous manner;

2) jednozmianowy - on the other official positions.

2. Time distribution service introduces postponed.

Art. 124. [Jednozmianowy time distribution service] 1. The officer is serving in single-shift schedule time service for 8 hours a day from Monday to Friday.

2. Manager of an organization determines the start and end of service in the organizational unit and individual service stations and stations, including the need to adapt the service to the needs of the unit, until the work of other organizational units, offices and bodies interacting with OU.
3
. The officer on duty in one shift time distribution service may be designated by the head of the organizational unit for service on Saturday, Sunday or holiday, if it is necessary due to the needs of the organizational unit. In exchange for the time of service on Saturday, Sunday or feast officer shall be granted another day off from the service next week after falling these days.

Art. 125. [Wielozmianowy time distribution service] officer is serving in multi-shift schedule service time for change lasting 12 hours followed by 24 hours of free service or 48 hours if business tasks were carried out at night, in the days and hours of the start and termination of service set by the head of organizational entity.

Art. 126. [Individual time distribution service] In particularly justified cases, the manager of an organization or authorized by the head of the organizational unit may determine individual schedule service officer, at his request or with his consent, in the time of service provided for jednozmianowego time distribution service.

Art. 127. [The right to at least 11 consecutive hours of rest in every era] 1. The officer is entitled at any age entitled to at least 11 hours of uninterrupted rest, subject to paragraph. 3.

2. The provision of paragraph. 1 does not apply to:

1) heads of organizational units and their deputies;

2) cases, the necessity of a reinforced system of protection, support forces, odwodu and activities related to disaster prevention and liquidation of their consequences.
3
. In the cases referred to in paragraph. 2 point 2 of the officer is entitled to an equivalent period of rest, which should be given immediately after rendering service to affect the rest period.

Art. 128. [The right to at least 35 consecutive hours of rest each week] 1. The officer is entitled to each week entitled to at least 35 hours of uninterrupted rest, including at least 11 consecutive hours of daily rest.

2. In the case referred to in Article. 127 para. 2, point 2 and in the case of change of date of service by an officer in connection with its change to another shift, according to the agreed time schedule service, weekly uninterrupted rest period may consist of smaller number of hours, but can not be less than 24 hours.

Art. 129. [Determining the free service] 1. The manager of an organization can establish a free day of service for officers serving in single-shift time distribution services, day services falling between public holidays the service and set the date of service Saturday. If Saturday is after the free service on a Friday or before free service, Monday, the head of the organizational unit determines the date of service on Saturday next.


2. The determination of the weekend services, and on the Sabbath day designated service officer informed, in the manner adopted in an organizational unit, at least 14 days in advance.

Art. 130. [Extension of Time service officer for 48 hours per week] 1. The time service officer may be extended to 48 hours a week, in particular due to the necessity:

1) the execution of commenced business if they can not be interrupted;

2) ensure continuity of service stations and stations on which it is required to maintain service in a continuous manner;

3) perform other tasks urgent business.

2. Time of service referred to in paragraph. 1, extends the head of the organizational unit in which the officer is serving.

Art. 131. [time free service in exchange for an extension of time service officer] In exchange for the extended time in service, as referred to in Article. 130 paragraph. 1, the officer is entitled to time off from the service of the same size, which should be granted in the period referred to in Article. 121 paragraph. 1.

Art. 132. [working time and driving a car] The officer, whose duty is driving a car, can render service to 12 hours a day, including guided vehicle no longer than 10 hours. Time of continuous driving a car can not exceed six hours, followed by a break of 30 minutes.

Art. 133. [On-duty medical] 1. Doctors and other officers holding higher education performing medical profession who is serving in the entity granting curative health services for detainees whose state of health requires twenty-four hour medical services, may be obliged to fulfill this duty medical entity .

2. Time spent on call medical included in the time of service.
3
. Service in the performance of duty of medical can be planned well in the field, he will be more than 40 hours per week in the adopted accounting period, subject to the provisions of this chapter.

Art. 134. [Performing services in the radiology department] 1. The officer on duty:

1) in the radiology department, where his primary duties include:

A) use in diagnostic or therapeutic ionizing radiation sources, in particular, performing tests or treatments, assisting or performing auxiliary activities at the research or treatment that supports devices containing radiation sources or generating ionizing radiation or performing professional activities directly with patients treated using radioactive sources or

B) carrying out dosimetric measurements of ionizing radiation related to the activities referred to in point and,

2) in the studio of physiotherapy, where his primary duties must control techniques used stand-alone treatments or treatments with

- Performs the duties for 5 hours a day and on average 25 hours a week.

2. The remaining three hours daily working service officer referred to in paragraph. 1, remains at the disposal of the head of the organizational unit, which can recommend this officer to perform at this time other official tasks.

Art. 135. [Records] 1. The organizational unit carried out the attendance list, the annual card records the presence of an officer in the service, records go out in the official records and extended service time.

2. The records referred to in paragraph. 1, made available to an officer on request.

Art. 136. [Appointment of an officer to remain on standby for service on telephone call] 1. Head of organizational entity may designate an officer to remain on standby for service on telephone call, "the duty is undertaken by telephone", the duty can not violate the law officer to rest referred to in Article. 127 and 128.

2. To-call phone not determined the officer immediately after serving in the night time.
3
. The officer may be assigned to on-call telephone no more than 2 times a month, at the most once on a Saturday, Sunday or public holiday. The duration of the telephone call time may not exceed 12 hours per day.

4. Telephone-call time does not count up to the time of service, if at that time the officer did not perform official duties.

5. If the officer performed Referrals discharge of their duties during on-call telephone:

1) after hours service - it is for the time of their execution shall be granted at the same time free of all duties;


2) on a day of service on Saturday, Sunday or public holiday - granted another day off from the service.

Art. 137. [equivalent for not time off from the service for rendering service to more than the statutory minimum before the cessation of the service relationship] 1. The officer, who prior to termination of the service relationship has not used the time off from the service for rendering service to more than the statutory minimum, receives a cash equivalent.

2. Financial compensation for each started 8 hours of unused time off from the service shall be equal to 1/21 of the monthly basic salary including allowances for permanent due to the last position held missions.



Chapter 15

Holiday and sick from official duties officers

Art. 138. [Annual leave] 1. The officer is entitled to an annual, continuous, paid vacation leave 26 days.

2. The officer can waive the right to leave.
3
. In the period from the date of the official written notification of the service to the release from service officer is obliged to use allotted for a given calendar year holiday leave and additional leave, if at that time postponed to give him the leave.

Art. 139. [Acquisition of the right to leave] 1. The right to leave the first officer acquires the end of each month of service in 1/12 of annual leave, referred to in art. 138 paragraph. 1.

2. Right next to holiday leave officer acquires in each subsequent calendar year.

Art. 140. [Granting officer leave] 1. The leave shall be granted vacation days, which are days of service of the officer, according to his time schedule service, on an hourly basis corresponding to the dimension of time dobowemu service officer on a given day.

2. In granting leave in accordance with paragraph. 1 one day of annual leave equivalent to 8 hours of service.
3
. Granting officer leave on the day of service on an hourly basis corresponding to part of the daily working time of service, is allowed only if the part leave the rest to be used is less than the full daily working time service officer in the day, which is to be granted leave .

Art. 141. [Paid additional annual leave] 1. The officer is entitled to additional paid leave, hereinafter referred to as' additional maternity leave "for up to 13 days per year in respect of service in harmful conditions or particularly burdensome, and also due to the achievement of the officer placement service.

2. Additional leave entitlement officer in respect of service in harmful conditions or particularly bothersome is:

1) 12 days per year - for the officer on duty at a steady fulfillment of the tasks in the field of direct protection and care of prisoners in

A) branch of antituberculosis general hospitals,

B) laboratory that performs analysis and research for the branches referred to in point and;

2) 5 days a year - for the officer on duty at a steady fulfillment of the tasks in the field of direct protection and care of prisoners in the ward for prisoners posing a serious social threat or a serious threat to the security of a prison or detention center and for officers serving in wards therapeutic sentenced niepsychotycznymi mental disorder or mental disabilities.
3
. Additional leave entitlement officer in respect of the placement service is:

1) five days - for the officer who is serving at least 10 years;

2) 9 days - for the officer who is serving at least 15 years;

3) 13 days - for the officer who is serving at least 20 years.

4. In the case of overlapping entitlement to additional leave with different titles officer is entitled to one additional leave dimension favorable.

Art. 142. [Acquisition of the first additional leave] 1. The officer acquires the right to the first additional leave:

1) at the end of the year serving in the conditions referred to in Article. 141 paragraph. 2;

2) on the date of achieving a specified length of service.

2. The right to leave subsequent additional officer acquires in each subsequent calendar year, except that in the case referred to in paragraph. 1 point 1, must be the year in which the service is held in harmful conditions or particularly burdensome.

3
. Officer who has taken additional leave for a calendar year, then acquired during the year entitled to additional leave in a higher dimension, shall be entitled to supplementary leave.

Art. 143. [Moving the date of commencement of leave or additional leave] 1. If the officer can not begin to leave or additional leave within the deadline of reasons justifying the absence in the service, in particular because of:

1) temporary inability to serve because of illness,

2) isolation due to infectious disease

3) maternity leave on conditions of maternity, paternity or parental leave

4) suspending business

- Leave or leave extra shifts at a later date.

2. Leave or additional leave in the unused part of the reasons referred to in paragraph. 1 point 1-3, granted at a later date.

Art. 144. [Reduction of amount of leave per month duration of the suspension of business or the use of detention] Annual leave and additional leave officer shall be proportionally reduced by 1/12 for each month duration of the suspension of business or the use of detention, unless the officer holidays this advantage in hand, the right size.

Art. 145. [Paid leave] 1. The officer shall be granted at the request of paid leave due to the transfer of the office to further serve in another organizational unit, if the transfer involves a change of residence, in the dimension of 5 days.

2. Officer may be granted at the request of paid leave to settle a particularly important personal or family matters, in the dimension of three days in a calendar year.

Art. 146. [Paid training leave] 1. The officer, who was authorized to download or takes science studies and science that collects or is studying, as well as the officer who is authorized to conduct doctoral or habilitation, as well as to hold a legal adviser training, legislative, or medical specialization, be granted paid study leave:

1) in higher education institutions, in each year of study - 21 days;

2) in schools, colleges and other post-graduate studies - 14 days to prepare and submit a final exam;

3) in order to prepare for the submission of doctoral examinations and defense of the doctoral dissertation or prepare for the test and the habilitation lecture - 28 days;

4) to prepare for and take exams at the end of the legislative application - 14 days;

5) to prepare for an examination and legal counsel or medical expertise - 30 days.

2. The leave shall be granted on the days that are days of service of the officer, according to his time schedule service.

Art. 147. [Unpaid leave] 1. The officer, upon written request, be granted unpaid leave if they do not interfere with the operation of the service in the OU. The period of unpaid leave is not included in the period of service in the Prison Service.

2. Officer, who is leaving together with the spouse designated to perform tasks outside the country, or transferred to perform duties in the foreign institution within the meaning of the Act of 27 July 2001. Foreign service (Dz. U. No. 128, item. 1403 with as amended. d.), upon written request be granted unpaid leave for the duration of the task by the spouse abroad or duties at the institution abroad.
3
. Officer who acts as the choice of the functions of a trade union is entitled to unpaid leaves on the terms specified in the Act of 23 May 1991. Trade unions.

4. Officer, which begins unpaid leave during a calendar month shall be entitled to salary in the amount of 1/30 of the monthly salaries for each day preceding the start of the unpaid leave. If the officer has already downloaded the salary for the period of unpaid leave shall be deducted the corresponding part of the salaries at the next payment.

Art. 148. [The division into part of the annual leave and additional leave] 1. vacation leave and additional leave is granted to an officer in accordance with the schedule of service and annual leave plans, taking into account the conclusions of officers and the need to ensure the normal functioning of the service in the OU.

2. At the request of the officer leave may be divided into parts, with the proviso that at least one part of the leave should include not less than 14 consecutive calendar days.

3
. Additional leave may be divided into two parts, with the exception of leave referred to in Article. 141 paragraph. 2 point 2 or paragraph. 3 Section 1

Art. 149. [The appeal of the officer leave or suspend granting him leave] 1. Officers can be revoked from leave, and withhold his annual leave, in whole or in part - of the important reasons business.

2. The term leave may be moved to a reasoned request of an officer.
3
. The appeal of the officer leave or suspend granting him leave must be in writing.

4. The request for postponement of annual leave shall include, in addition to justification of the reasons of this shift, an indication of another date to the end of the calendar year in which the leave will be used.

5. Officer, who did not use annual leave in a calendar year, this leave should be given within the first three months of next year.

Art. 150. [Reimbursement of fees and expenses of the officer odwołanemu leave] 1. officer odwołanemu leave or who leave has been suspended, is entitled upon written request reimbursement:

1) fee for staying in holiday camps, sanatoria, private accommodation or other services connected with the rest during the stay, not used by the officer and his family members, if the organizer of leisure or other entity providing services in this area have not returned brought floss;

2) the cost of transport officer and members of his family, if his appeal leave or suspension also resulted in their return.

2. By family members of the officer understood the persons referred to in Article. 216.
3
. The application referred to in paragraph. 1 officer joins the bills and tickets conclusively costs. If obtaining or submission of accounts and the ticket is not possible, the officer shall submit a written statement of the costs incurred and the reasons for their lack of documentation.

Art. 151. [equivalent payment for unused leave because of the termination of the service relationship] 1. In case of failure to exercise leave or additional leave in whole or in part because of the termination of the service relationship officer is entitled to a cash equivalent.

2. Cash equivalent for one day of unused annual leave or additional fixed in the amount of 1/21 of the monthly basic salary, including allowances for permanent, due to the last position held missions.

Art. 152. [Application of the provisions issued under the Labour Code, the Law on Trade Unions and Act on cash benefits from social insurance in case of sickness and maternity] In cases involving the granting of exemptions from official duties and the way justify the absence in the service not covered by this Act shall apply the provisions issued under art. Act 2982 of 26 June 1974. - Labour Code, Act of 23 May 1991. Trade Unions and the Law of 25 June 1999. On cash benefits from social insurance in case of sickness and maternity.

Art. 153. [superiors competent for the holidays] competent superiors in matters referred to in this section is the manager of an organization, and in relation to officers in upper management positions - the right superior, referred to in art. 63 paragraph. 2.



Chapter 16

Uniforms and equipment Field officers

Art. 154. [Uniforms, equipment, field service signs, insignia and identification marks] 1. The officer is obliged to wear during the service: the prescribed uniforms, field equipment, insignia, badges, signs and identification service.

2. Uniforms, equipment, field service signs, insignia and identification marks can be worn only by officers.
3
. The Minister of Justice may, by regulation, corporate positions, where officers in the course of their duties are not required to wear uniforms and equipment field, taking into account the place of service and the specificity of tasks business.

Art. 155. [Forms of execution authority to uniforms, the acquisition of the ownership of components uniforms] 1. The officer receives free uniforms and field equipment for different types of service.

2. Entitlement to uniforms as part of receivables uniformed realized in the following forms:

1) of finished components uniforms;


2) woven from the reimbursement of sewing and sewing accessories;

3) monetary equivalent;

4) the payment of equivalent funds.
3
. The officer appointed permanently acquires the property received components uniforms.

4. The Minister of Justice shall determine, by regulation:

1) detailed procedure for exercising the rights officers in the fixed and preparation for uniforms and equipment field and the manner of determining the periods of use and usability of items uniformed and field equipment in use and frequency setting of the quality possessed by an officer uniforms and equipment field, including :

A) authorized officers to the equipment field, serving in departments protect organizational units, participants in initial and vocational training and the rules of allocation of such equipment to other officers,

B) the conditions for issuing uniforms to officers in the service of preparation, the conditions for issuing uniforms and equipment used field used, the conditions for the re-issue uniforms and equipment field in cases of loss through no fault of the officers

C) the conditions for reimbursement by the officers of field equipment and uniforms

D) forms of exercising the rights officers to uniforms and equipment field, particularly in the form of ready-made components uniforms, fabrics with reimbursement of sewing and sewing accessories, monetary equivalent for non-extracted ingredients uniforms, forms of reimbursement by the officers of equipment and field uniforms or monetary value corresponding to the degree of wear and tear;

2) uniforms, signs and insignia service officers and patterns equipment field, the division into summer and winter uniforms, and corporate and output, cut and color components of uniforms and field equipment, design services and signs of distinction on the individual ingredients and formulas identification marks;

3) the conditions and manner of wearing uniforms and equipment Field and orders, decorations, medals, badges and identification marks, including periods of wearing uniforms summer and winter, in which officers wear uniforms output, how to wear the individual components of uniforms and equipment field, location services and signs of distinction and identification marks on the ingredients of uniforms and equipment field, and with the location and order of wearing medals, decorations, medals and baretek;

4) standard uniforms for officers in the fixed service and the service of preparatory forms of their implementation and the amounts and periods of usable items uniforms and equipment field defined in these standards, which are non-refundable, divided into:

A) the standards of uniforms for officers men and women

B) Supplementary standards for officers, which have been given a higher degree of the Prison Service,

C) standards published materials in exchange for ready-made uniform,

D) of standard equipment field officers

E) additional standards for the participants of the initial training and professional

F) additional standards for company honor the Prison Service and the commander of the celebrations, company commander of honor and color guard,

G) additional standard for guide dog teams shooting teams and fire

- Taking into account the type of tasks performed and their positions official.

Art. 156. [cash equivalent in exchange for uniforms and cleaning of uniforms] 1. In exchange for uniforms and cleaning of uniforms officer receives a cash equivalent.

2. The Minister of Justice, in consultation with the minister responsible for public finance shall determine, by regulation, height, detailed procedure for receiving and return, and cases of suspending and resuming the payment of equivalent money in exchange for uniforms and height equivalent of money for the cleaning of uniforms for officers in the service fixed and preparation, taking into account in particular the amount equivalent of money in exchange for uniforms for the different degrees of the Prison Service and outstanding standards of uniforms and the amount of money equivalent for cleaning.



Chapter 17

Rights and duties of officers

Art. 157. [Duties officer] 1. The officer is obliged to act in accordance with the oath taken and comply with the laws, in particular of this Act and regulations issued on its basis.


2. The officer is obliged to refuse to execute the command of a superior, if his performance would be linked to a criminal offense or treasury offense.
3
. The refusal to execute a command officer should report higher supervisor, the Director-General or the Minister of Justice bypassing official channels.

4. Superior is obliged to counteract mobbing. The provisions of Article. 943 of the Act of 26 June 1974. - The Labour Code shall apply accordingly.

Art. 158. [Appropriate use of the Criminal Code] Articles. 115 § 18 and Article. 318 and 344 of the Act of 6 June 1997. - The Penal Code shall apply to the officers of the Prison Service.

Art. 159. [Performing the service and the kinship and affinity] spouses, persons living together in a family relationship to the second degree of affinity or the first degree, and if they stand together in cohabitation can not perform the service or be employed in the same organizational unit, if it would create the ratio between these persons subordination.

Art. 160. [Taking gainful occupation outside the service] 1. The officer could not without the permission of the superior undertake gainful occupation outside the service.

2. Superior may allow an officer to undertake gainful occupation outside the service, if such occupation:

1) does not interfere with the performance of official duties in the terms of the Prison Service as defined in the Act;

2) does not affect the prestige of the service;

3) does not undermine confidence in the impartiality of the officer.
3
. Granted permission to take up gainful occupation goes back in the event of breach of any of the conditions referred to in paragraph. 2.

4. The Minister of Justice shall determine, by regulation, the procedure on granting permits to undertake gainful occupation outside the service, data that should be included in the application officer for authorization to take up gainful occupation outside the service and the manner and timing of notification officer of the authorization, refusal to grant or revocation of a permit, taking into account the efficiency of the proceedings.

Art. 161. [Declaration of property status] 1. The officer is obliged to make a declaration of property status, including assets constituting Community property and personal property, the reference service relationship, and every year on 31 March, as at 31 December of the previous year, as well as the termination of the service relationship.

2. The officer making a declaration of their financial standing provides information about achieving income and the acquisition of property from the State Treasury, other state legal person, local government units, their unions or other legal person units of local government, which is subject to the sale by tender, in the last 12 months prior to the date of the declaration.
3
. The statement referred to in paragraph. 1 officer consists of the head of the organizational unit, and the officer occupying higher managerial position - appropriate supervisor referred to in Article. 63 paragraph. 2. The competent supervisor analyzes the information contained in a statement by the deadline of 30 June each year. The person making the analysis is entitled to compare the contents analyzed the statement with the content of the previously submitted statement.

4. To make a statement, referred to in paragraph. 1 shall apply accordingly form with the regulations issued pursuant to art. 11 of the Act of 21 August 1997. Restrictions on the conduct of economic activity by persons performing public functions (Dz. U. of 2006. Item. 1584, as amended. D.) Concerning the declaration referred to in Article. 10 paragraph. 1 of that Act.

5. The information contained in the statement referred to in paragraph. 1 shall constitute official secret within the meaning of provisions on the protection of classified information, unless the officer who made a statement, he expressed written consent to their disclosure. The statement shall be kept for 6 years. After this period, a statement of means shall be destroyed.

6. In matters not covered in paragraph. 1-5 to the statement referred to in paragraph. 1, and its analysis, the provisions of the Act referred to in paragraph. 4.


Art. 162. [Informing supervisor to take employment by a spouse or persons living in the household] 1. The officer is obliged to inform the superior to take the spouse or persons living in the household employment or other activities in profit entities providing services or detective services protection of persons and property or undertake business activity in this area, as well as the fact of being a contractor within the meaning of the Act of 29 January 2004. - public procurement Law (Dz. U. of 2015. pos. 2164) to bodies and organizational units subordinate to or supervised by the Minister of Justice, within 14 days from the date you receive information about such a situation.

2. The officer is obliged to inform the superior of the acquisition by him, a spouse or persons living in the household shares in the entities providing detective services or services for the protection of persons and property within 14 days from the date you receive information about such a situation.

Art. 163. [Prohibition of membership in a political party, membership associations] 1. The officer may not be a member of a political party.

2. Upon the adoption of the officer ceases to serve its existing membership in a political party.
3
. The officer is obliged to inform the supervisor belonging to national associations operating outside the Prison Service.

4. Membership in organizations or associations of foreign or international requires permission from the Director General or authorized by his superior.

Art. 164. [The use of the legal protection provided for in the Penal Code, reimbursement of defense] 1. officer during and in connection with performance of official duties enjoys legal protection provided for in the Act of 6 June 1997. - The Penal Code for public officials.

2. The officer is entitled to reimbursement of defense, if the criminal proceedings initiated against him for the offense or fiscal offense committed in connection with the performance of official duties, shall be validly terminated: decision to discontinue the proceedings in the absence of statutory traits of a prohibited act or been correctly crime or acquitted.
3
. The costs of defense requests from the state budget at the request of an officer, in the amount of costs actually incurred, not exceeding the maximum rate of pay of one defender, specified in the regulations issued pursuant to art. 16 paragraph. 3 of the Act of 26 May 1982. - Law on the Bar.

Art. 165. [Special rights related to parenthood set out in the Labour Code] officer is entitled to special rights related to parenthood defined in the Act of 26 June 1974. - Labour Code, with the exception of art. 1867, if the provisions of this Act provides otherwise.

Art. 166. [Free accommodation for officers participating in training] The officers participating in training courses, kursokonferencjach, conferences and business briefings, organized in the framework of training and professional development in the Central Training Centre of Prison Service, the Prison Service training centers and centers of excellence personnel of the Prison Service is entitled to free accommodation.

Art. 167. (repealed)

Art. 168. [The transfer of contributions to the Social Insurance] 1. If the officer whose service relationship is terminated, does not meet the conditions for entitlement to retirement of police or police disability pension from the salaries paid officer after 31 December 1998. Until dismissal from the service, the which is not discharged premiums for pension insurance, shall be submitted to the social insurance contributions for this period provided for under the Act of 13 October 1998. social insurance system (Dz. U. of 2015. pos. 121, as amended. d.).

2. By salary constituting the basis of assessment of contributions to the pension scheme referred to in paragraph. 1, it is understood the basic salary, additions to salaries, annual bonuses and discretionary and additional compensation paid pursuant to art. 208, respectively, calculated in accordance with Article. 110 of the Act referred to in paragraph. 1.
3
. The contributions shall also be the case when the officer satisfies the conditions for entitlement to a police disability pension. The transfer of contributions at the request of the officer.

4. The contributions are subject to indexation indicator of indexation determined under the provisions of the Act of 17 December 1998. On pensions from the Social Insurance Fund (Dz. U. of 2015. Pos. 748, 1240, 1302 and 1311).


5. When calculating the amount of the contributions due, indexed on the basis of paragraphs. 4 shall apply respectively. 19 paragraph. 1 and art. 22 paragraph. 1 point 1 and 2 of the Act referred to in paragraph. 1.

6. The provisions of paragraphs. 1-5 also apply to an official who has remained in the service before 2 January 1999. If, after discharge, despite the fulfillment of the conditions for entitlement to a pension under the Act referred to in Article. 97 paragraph. 3, submitted an application for retirement pension provided for in the regulations referred to in paragraph. 4.

7. In the case referred to in paragraph. 6, the amount payable shall be indexed premiums immediately after notification by the Department of Social Insurance for the acquisition by an officer of pension rights provided for in the regulations referred to in paragraph. 4.

8. The amount payable is indexed premium income Social Insurance Fund.

9. The Minister of Justice, in consultation with the minister responsible for social security will determine, by regulation, procedure and deadlines for transfer to the Social Insurance contributions referred to in paragraph. 1, 3, 4 and 7, and organizational units to the right, bearing in mind the need to ensure proper and prompt conducting activities related to the transfer of these contributions.

Art. 169. [Awards] 1. The officer, who shall perform the duties perfectly manifests the initiative in the service and improves professional qualification may be awarded the following prizes:

1) praise;

2) the prize money or factual;

3) short-term leave, not exceeding 5 days;

4) the granting of badges referred to in Article. 36;

5) the appointment of a higher official position;

6) early to give a higher degree;

7) the presentation of awards to the state.

2. The Minister of Justice shall determine, by regulation, the procedure of granting awards and property superiors in these matters, taking into account in particular the manner and form of making distinctions.



Chapter 18

Apartments officers

Art. 170. [The right to a dwelling] 1. officer in the fixed service has the right to housing in the village, which is constantly engaged in the service, or in a town nearby.

2. Members of the family of the officer referred to in Article. 176 have the right to live in the assigned officer's flat.
3
. When determining the living space afforded to the officer takes into account his family situation and the grade or position held.

4. For the village nearby it is considered to town, to which travel time by public transport provided for in the timetable, together with changes, not exceeding in both directions two hours from the station (stop) of the nearest places of service to the station (stop) of the nearest residence. By the time this is not included in directions to and from the station (stop) in the settlement of the officer commutes, and the town in which he performs his duties.

5. The officer in the service of preparation can receive temporary accommodation.

Art. 171. [realization of the right to housing] The right to housing is realized by

1) The allocation of premises or

2) financial aid to obtain a dwelling, hereinafter referred to as "financial assistance".

Art. 172. [The allocation of residential premises] officer in the fixed allocated to administrative decision dwelling referred to in Article. 177, taking into account the following circumstances:

1) no dwelling in the town, which is constantly engaged in the service, or in a nearby;

2) the usefulness of the service, professional qualifications and seniority of service in the Prison Service;

3) transfer of authority to serve in a different place, a non-village nearby;

4) occupying temporary accommodation in the building of an organizational unit designed for the purposes of business or the on-site closed.

Art. 173. [The unit norm of living space] 1. The unit norm of living space, hereinafter referred to as "the norm" is from 7 m2 to 10 m2.

2. Officer in the fixed entitled to the following standards:

1) is alone - two standards;

2) who holds the family - one standard for the officer and each member of the family, referred to in art. 176.
3
. Additional standards entitled:

1) officer who holds the rank of major, lieutenant colonel, colonel or general Prison Service members working or official position enjoyed by the officers - one standard;

2) The Director General and his deputies - two standards.


4. In the case of overlapping entitlement to norms of additional service in respect of both spouses in the Prison Service takes into account the additional favorable standards enjoyed by only one of them.

Art. 174. [Living area] 1. The officer assigns a dwelling with a living area corresponding to the number he is entitled standards.

2. Its surface area is the area of ​​the rooms.
3
. For dwelling with a living area larger than entitled in accordance with standards considered to be the facility in which to increase the living space more than half of the upper limit of normal.

4. In particularly justified cases, the consent of the Director General, an officer can assign a dwelling referred to in paragraph. 3.

5. The officer with his written consent or upon written request may be assigned a dwelling with a living area of ​​less entitled to it in accordance with the standards.

6. The allocation of residential premises referred to in paragraph. 5, does not deprive the officer the right to obtain a dwelling with a living area corresponding to the standards enjoyed by him.

Art. 175. [The allocation of residential premises przeniesionemu officer to serve in another town] 1. przeniesionemu officer to serve in another locality, which in the previous place of duty is assigned to him by administrative dwelling can be assigned dwelling on the basis of an administrative decision in a new place duty if:

1) release the occupied dwelling in the current village of service or

2) returns granted him financial assistance referred to in Article. 184 paragraph. 1.

2. The officer transferred to serve in a different place, which is not slowed residential premises referred to in paragraph. 1 point 1 and the officer, who did not return the financial assistance referred to in paragraph. 1 point 2 may receive in a new place of service temporary accommodation.
3
. Officer delegated to temporary service in another town receives accommodation. The cost of accommodation will be covered from the funds of the organizational unit to which the officer has been posted.

Art. 176. [The inclusion of family members in determining living space] members of the family of an officer, which are taken into account when determining the entitlement of living area of ​​a dwelling are:

1) spouse;

2) children (own, spouse, adopted or adopted education as part of a foster family) living together with the officer and his dependents, but not longer than until they 25 years of age;

3) The parents of an officer or his spouse co-resident with the officer and the remainder at its sole dependent or if due to age or disability are unable to perform the job.

Art. 177. [residential units] 1. The housing or temporary accommodation for the officers allocated premises resulting from investment activities of the Prison Service and the remaining and made available to the Prison Service.

2. The provisions of the Act do not violate of ownership rights to dispose of the housing unit owner other than the State Treasury.

Art. 178. [cash equivalent due to lack of housing] 1. officer in the fixed entitled to a cash equivalent due to lack of housing, if:

1) he or his spouse does not have in the village of service or villages nearby legal title to an apartment or a house;

2) The officer or his spouse has not been granted financial assistance referred to in Article. 184 paragraph. 1.

2. Officer in the fixed przeniesionemu from office to serve in another locality shall have the equivalent of cash, as referred to in paragraph. 1, when the new town of service:

1) was not granted financial aid to obtain a dwelling;

2) not assigned to him dwelling or temporary lodgings.

Art. 179. [The amount of money equivalent] 1. The amount of money equivalent, referred to in art. 178 paragraph. 1, is 8 zł day.

2. The amount of money equivalent referred to in paragraph. 1, subject to annual indexation of the set in the budget law for the given year average annual growth rate of prices of consumer goods and services. The basis of valuation is the amount of money equivalent force in the year preceding the year in which the valorization follows.


Art. 180. [Duty to inform supervisor of any change affecting the right to receive the equivalent of] 1. An officer shall immediately notify the supervisor of any change affecting the entitlement to equivalent due to lack of housing.

2. Cash equivalent due to lack of housing is due in the period from the date on which permission to download the date on which a loss of that power.

Art. 181. [The decision to return equivalent] 1. If you download undue equivalent of cash, as referred to in Article. 178 paragraph. 1, issued a decision on his return.

2. The Minister of Justice, in consultation with the minister responsible for public finance shall determine, by regulation, the detailed methods of payment equivalent referred to in Article. 178 paragraph. 1, and the manner of repayment of wrongly collected money equivalent, taking into account the date of payment and the return of equivalent and organizational units appropriate for its payment.

Art. 182. [equivalent money for the renovation of a dwelling or house] 1. The officer is entitled to an annual equivalent of money for the renovation of a dwelling or a house, occupied on the basis of exercising his or his spouse title.

2. In the case of officers who are the spouses entitled to the equivalent of money for the renovation or the equivalent on account of lack of housing, the benefit is entitled to only one of them; It does not apply to officers transferred from office to serve in another location other than the village nearby.
3
. The equivalent money for the renovation does not apply in case of occupation of part of a dwelling or a house, referred to in paragraph. 1.

4. The amount of money equivalent referred to in paragraph. 1, is 339.79 zł.

5. The amount of money equivalent referred to in paragraph. 4, subject to annual indexation of the set in the budget law for the given year average annual growth rate of prices of consumer goods and services. The basis of valuation is the amount of money equivalent force in the year preceding the year in which the valorization follows.

6. If you download undue equivalent of cash, as referred to in paragraph. 1, issued a decision on his return.

7. The Minister of Justice, in consultation with the minister responsible for public finance shall determine, by regulation, the detailed procedure of granting and payment of equivalent referred to in paragraph. 1, and the manner of repayment of wrongly collected money equivalent, taking into account the pattern of application for the grant equivalent, the date of payment and the return of equivalent, as well as organizational units appropriate for its payment.

Art. 183. (repealed)

Art. 184. [Financial assistance for obtaining dwelling or single family home] the first officer in the fixed service, which fulfills the conditions for allocation of residential premises, and the premises that have not received an administrative decision on the allocation shall be entitled to financial aid to obtain a dwelling in a cooperative residential or single family house or dwelling constituting a separate property, located in the village of service or towns nearby.

2. In the case of overlapping entitlement to financial assistance under the provision of services both spouses are entitled to only one of them.

Art. 185. [The amount of grant] 1. Financial assistance granted to an officer in the amount of 25% of the residential premises with a usable area of ​​50 m2.

2. The value of residential premises, on the basis of the calculation of the amount of financial assistance, is the product of 50 m2 of usable area of ​​residential premises and the price per square meter of usable area of ​​residential building, published by the Central Statistical Office, serving calculating the guarantee premium on savings deposits for housing for holders of savings books housing.
3
. The Minister of Justice, in consultation with the minister responsible for public finance shall determine, by regulation, detailed procedure for the granting, payment and reimbursement of financial aid referred to in Article. 184 paragraph. 1, taking into account the types of documents required when applying for the grant of that aid, and organizational units competent for the payment of financial assistance, as well as the time and place of return of financial aid.

Art. 186. [Return of financial aid] 1. Financial assistance refundable in the event of dismissal from service officer within 15 years of service in the Prison Service, with the exception of the officer, who before the expiry of that period acquired the right to an invalidity pension Prison Service.


2. To determine the amount of financial assistance to be repaid is the amount of the benefit granted adjusted in each year by the average annual growth rate of prices of consumer goods and services, established in the Budget, where the obligation of return established in the years following the grant of financial assistance.
3
. At the written request of an officer return of financial assistance may be made in installments.

Art. 187. [Reasons refrain from dwelling] residential premises on the basis of an administrative decision is not allocated to an officer:

1) in the case of receiving financial assistance referred to in Article. 184 paragraph. 1;

2) possessing in the village, which is serving, or in a nearby dwelling in a housing cooperative or a detached house or a residential house pensjonatowy or dwelling constituting a separate real estate, corresponding to at least the limits of his living space;

3) whose spouse has a dwelling or house specified in paragraph 2;

4) in the case of sale by him or his spouse or dwelling house referred to in paragraph 2.

Art. 188. [The decision to empty dwelling] 1. The decision to empty dwelling referred to in Article. 177, it seems, if the officer:

1) sublets or gives a free to use assigned premises or part thereof;

2) uses the dwelling in a manner contrary to the rental agreement, or misused, neglected duties, allowing cause injury or destroy equipment designed for common use by the residents;

3) goes flagrantly or persistently against the order of the Home-making cumbersome use of other units;

4) it is in default of payment of rent or fees for services related to the operation of the premises for at least two full payment periods, despite notice in writing of its intention to issue a decision on empty premises and determine the additional monthly payment deadline outstanding and current liabilities ;

5) received financial assistance referred to in Article. 184 paragraph. 1;

6) was transferred to serve in a different place assigned to him in this or a nearby village the next dwelling;

7) relinquished rights to the occupied dwelling;

8) he has been convicted by a final judgment of the court for an offense prosecuted by indictment or an intentional tax crime indictment or intentionally committed fiscal offense, committed in connection with the performance of official duties and to achieve material or personal benefit or for the offense specified in art. 258 of the Act of 6 June 1997. - Criminal Code or against whom a legally penal measure of deprivation of civil rights for a crime or a fiscal crime.

2. The decision to empty dwelling also appears to be:

1) if the officer or his spouse has the legal title to another dwelling, referred to in art. 177; In this case, these persons are entitled to elect one of the premises occupied;

2) in the case of occupied dwelling, referred to in art. 177, by an officer or members of his family or others - without legal title.
3
. The decision to empty the premises seems to be in relation to all persons residing in the premises.

Art. 189. [Meeting the costs of access to the media by an officer transferred from office to serve in another town] 1. The officer moved from office to serve in a different place, which is allocated temporary accommodation, bear the costs of delivery to the electrical and thermal energy, gas and water, sewage, waste and liquid waste, and expenses related to the use of radio and television equipment, elevators, phone, internet and intercom. The remaining costs are covered from the funds of the organizational unit to which the officer was transferred.

2. The officer in the service of preparation, which is allocated temporary accommodation, pay rents, and bear the costs of delivery media, referred to in paragraph. 1.

Art. 190. [The decision to empty temporary accommodation] decision to empty temporary accommodation appears to be the case:

1) termination of the officer or official transfer him to serve in another locality;

2) completion of the period of preparatory service;

3) referred to in art. 188 paragraph. 1 point 1-4, 7 and 8 and paragraph. 2.


Art. 191. [The delegation] Minister of Justice in consultation with the minister responsible for housing, local planning and zoning, and housing will determine, by regulation, detailed procedure for the allocation and emptying of residential and temporary lodging, as well as the detailed terms and conditions of payment for dealing with temporary lodging, taking into account the pattern of application for housing and temporary accommodation, as well as the type of instrument of acceptance by an officer of a dwelling or temporary lodgings.

Art. 192. [The decision on the exercise of powers of the] decisions on the exercise of powers of an officer under the provisions of this Chapter, issue the following authorities:

1) The Minister of Justice in relation to the Director General and his deputies;

2) The Director General with regard to:

A) an officer serving in the Central Board of Prison Service

B) regional director and his deputies,

C) Commander of the Central Training Centre of Prison Service, commander of the training center or the commander of the Prison Service Centre of Excellence personnel of the Prison Service, his direct subordinate and their deputies;

3) regional director in respect of:

A) an officer serving in the District Inspectorate of Prison Service

B) the director of the detention center and the director of the prison located on the site of action of the Regional Inspectorate and his deputies,

C) The commander of the Centre of Excellence Prison Service personnel located in the area of ​​action of the Regional Inspectorate and his deputies;

4) The director of the detention center, the director of the prison, the Commandant of the Central Training Centre of Prison Service and the commander of the training center of the Prison Service and the commander of the resort staff development Prison Service in relation to an officer serving in these units.



Chapter 19

Benefits officers

Art. 193. [Cash benefits] 1. The officer is entitled to the following cash benefits:

1) Allowance for development;

2) reimbursement of travel costs;

3), annual bonuses and discretionary and grants;

4) jubilee;

5) additional remuneration for performing outsourced tasks beyond the duties;

6) flat rate for access to the place of service.

2. In the event of the death of the officer or member of his family is entitled to a funeral grant.
3
. In the event of the death of an officer in connection with the service they are entitled to financial assistance for the education of children.

4. Cash benefits admits the head of the organizational unit, and for senior management positions in the Prison Service a suitable supervisor referred to in Article. 63 paragraph. 2.

Art. 194. [The allowance for development] 1. The officer in connection with the appointment of a permanent entitled settling-in allowance equal to one month basic salary including allowances of a permanent nature, payable on the day of the appointment on a permanent basis.

2. The provision of paragraph. 1 shall not apply to officers who are serving in the Prison Service act after being released from professional military service or other service, during which he received such a benefit.

Art. 195. [Reimbursement of travel by public transport] 1. officer and members of his family referred to in Article. 216, entitled once a year, reimbursement of travel by public transport to one of the peeled their villages in the country and back.

2. If unused entitlement passage person entitled lump sum equivalent to cash.
3
. Reimbursement of travel costs, or lump-sum payment equivalent money made by relevant organizational unit.

4. The Minister of Justice shall determine, by regulation, detailed procedure and conditions for reimbursement of travel expenses and payment of flat-rate equivalent of the money and the format of the applications on the basis of which shall be a reimbursement or payment of the equivalent of taking into account in particular the type of transport and the distance, which is to be the basis calculating lump sum equivalent cash fare.

Art. 195a. [Package Deal for access to places of service] 1. The officer, who lives outside the village of service, is entitled to a lump sum for travel to the place of service.

2. The lump sum payment for access to the place of service shall, at the request of the officer, the appropriate organizational unit. In the event of the circumstances referred to in paragraph. 4, the officer is made another request for payment of a lump sum payment for access to the place of service.

3
. Flat rate for access to the place of service is paid to an authorized officer under the terms of art. 62.

4. Change of residence of the officer suspends the payment of a lump sum payment for access to the place of service. The officer is obliged to give the head of the organizational unit the statement of any change of residence.

5. Flat rate for access to the place of service is not entitled to an officer who receives reimbursement of travel costs to the place of service and back on the basis of Article. 73 paragraph. 3 point 6

6. The Minister of Justice shall determine, by regulation, the amount of the lump sum referred to in paragraph. 1, taking into account the distance of residence from the place of service, and the need to maintain the annual maximum spending limit referred to in Article. 272a paragraph. 1, and the number of officers entitled to a lump sum.

Art. 196. [annual award] 1. officer for service roles within a given calendar year are entitled to an annual bonus in the amount of 1/12 of the salaries received in the calendar year for which the reward.

2. Annual award is granted if the officer in a given calendar year, he served for a period of at least 6 calendar months.
3
. The provision of paragraph. 2 shall not apply in determining entitlement to an annual bonus for the calendar year in which the officer used:

1) of annual leave, parental leave, additional leave, short-term leave, maternity leave, paternity leave, parental leave, leave on the terms of maternity leave;

2) exemption from performing official duties, for the reasons referred to in Article. 185 § 2 or Article. 188 of the Act of 26 June 1974. - Labour Code;

3) exemption from performing official duties in the event of the child's birth officer, in accordance with the regulations issued pursuant to art. Act 2982 of 26 June 1974. - Labour Code;

4) exemption from performing official duties because of the need to personally care for the child, referred to in art. 33 paragraph. 1 point 1 of the Act of 25 June 1999. On cash benefits from social insurance in case of sickness and maternity.

4. Shorter periods of service of the calendar month adds up, assuming that each 30 days of service a full calendar month.

5. Annual bonuses are entitled to the official because:

1) death

2) loss,

3) termination of the service relationship, if on the day of termination of this relationship satisfies the conditions for entitlement to retirement

- Served in a given year by the ministry of the calendar year, in the amount of 1/12 the salaries received in the calendar year for which the reward.

6. Officer referred to in paragraph. 5, who served in a given calendar year the service for a period of less than one calendar month, annual bonus is entitled to 1/12 of the monthly remuneration.

7. Officer, who by accident or illness in connection with the service suffered death or the service relationship expired pursuant to Art. 97 paragraph. 1 point 1, the annual bonus paid for the last year of service in the amount of monthly salaries, regardless of the period of their service this year.

8. To the salaries referred to in paragraph. 1, does not include the salaries received during the suspension of business, detention or execution of a disciplinary penalty, from its imposing valid until the date of seizure.

Art. 197. (repealed)

Art. 198. [periods of service included periods as a basis for the award of annual] 1. For the period of service referred to in Article. 196 paragraph. 1, does not include periods:

1) the use of unpaid leave;

2) interruptions in the performance of official duties, for which the officer is not retained rights to the salaries referred to in Article. 61;

3) suspension of business or detention;

4) exercise disciplinary punishment of its final imposition of the date of seizure.

2. The provision of paragraph. 1 point 3 and 4 shall not apply if the criminal proceedings relating to an offense, treasury offense or disciplinary proceedings in the case involving an act remaining in the arrest, suspension of official duties or disciplinary proceedings were discontinued by a final ruling or officer was acquitted on the basis of a final judgment or decision of acquittal in disciplinary proceedings.
3
. Discontinuance of the proceedings referred to in paragraph. 2, does not apply to conditional discontinuance of criminal proceedings or proceedings for tax offense or redemption of the proceedings due to prescription or amnesty.


Art. 199. [Reasons nieprzysługiwania annual award] is not entitled to an annual prize for the calendar year in which:

1) officer convicted by a final judgment of the court for an offense prosecuted by indictment or an intentional tax crime indictment or intentionally committed fiscal offense;

2) imposed a judgment of an officer disciplinary dismissal from service;

3) The officer issued an opinion on official:

A) niewywiązywaniu of duties on the occupied position identified during the fixed service

B) unsuitability for the position held during the fixed service

C) unsuitability for service during the preparatory service.

Art. 200. [Annual bonuses and termination of official] In the cases referred to in Article. 198 and Art. 199 officer, who on termination of employment relationship satisfies the conditions for entitlement to retirement or disability pension granted annual bonus in the amount of 1/12 of the monthly remuneration.

Art. 201. [Payment of annual bonus] annual award shall be paid not later than during the first four months following the calendar year for which the award is entitled, except that the officer from the service to redundant annual bonus shall be paid no later than the last day of service.

Art. 202. [Annual bonuses and criminal proceedings] 1. If, against any prosecuted for an intentional offense prosecuted by indictment, intentional tax crime or disciplinary proceedings in the calendar year for which the award is granted, permission to establish an annual award for the calendar year and for the following years after the end of the proceedings.

2. Annual bonus shall be paid not later than 30 days from the conclusion of the proceedings referred to in paragraph. 1.

Art. 203. [The award discretionary] officer may be granted a discretionary reward, in particular for conscientious performance of official duties, the execution of official duties require considerable work, and to make the act of providing courage officer.

Art. 204. [non-refundable cash grant] 1. The officer, whose living conditions deteriorated, in particular in relation to acts of God, their long-term illness or a family member, death of a family member, you may be granted a non-refundable cash allowance.

2. In granting the financial assistance of should take into account all the circumstances affecting the financial situation of the officer and his family.

Art. 205. [The delegation] Minister of Justice, in consultation with the minister for labor affairs, shall specify, by regulation:

1) the amount of fund for annual bonuses, recognition awards and grants for officers

2) methods for establishing and conditions for increasing its height for individual organizational units

3) mode to increase the fund's annual bonuses, recognition awards and grants with funds obtained due to reduced salaries referred to in Article. 60h

4) procedure and property superiors in terms of allocation and payment of annual bonuses, discretionary allowances and

- Having regard to the deliberate and rational policy for the disposition of funds.

Art. 206. [Jubilee awards] officer is entitled to jubilee awards in the amount of:

1) after 20 years of service - 75%

2) after 25 years of service - 100%

3) after 30 years of service - 150%

4) after 35 years of service - 200%

5) after 40 years of service - 300%

- Monthly basic salary including allowances of a permanent nature.

Art. 207. [The period of service entitling them to the jubilee award] 1. For the period of service giving entitlement to a service award shall include:

1) All periods of service completed and the work done of not less than half of full-time work;

2) other periods, unless under separate regulations are subject to completion of the period of work which determines employee's rights;

3) The period of study in high school curriculum provided in a total of not more than 5 years, subject to the degree of completion.

2. If the officer on document right to the award is also entitled to two or more service awards, pays only one prize in a higher dimension.
3
. In the case of acquisition of the right to award a higher grade within 12 months from the date of acquisition of the right to award the degree officer shall be paid the difference between the amount of reward higher and the amount of prizes below.


4. In the case of dismissal from service officer is entitled to a pension award jubilee shall be paid on termination of employment relationship, if on that day he lacks the length of the jubilee, on which depends the acquisition of right to the award no more than 12 months.

5. The Minister of Justice, in consultation with the minister for labor affairs, shall specify, by regulation, the detailed procedure of calculation and payment of jubilee awards, as well as periods of service, work and study cause the acquisition of right to the award, a way of documenting these periods and the date of payment of the prize, considering ensuring the efficiency of proceedings and safeguarding the rights of officers.

Art. 208. [Additional remuneration] 1. The performance of the outsourced functions beyond the duties officer receives additional remuneration.

2. Remuneration for inventions made by the officers, technical improvements and improvements to different regulations.
3
. The Minister of Justice shall determine, by regulation, the types of tasks assigned, for which the officer receives additional remuneration, the amount of the remuneration and its mode of payment, the method of calculating remuneration and the term for its payment, in view of the nature of these tasks.

Art. 209. [The funeral allowance in the event of the death of a family member] 1. In the event of the death of the officer is entitled to a funeral grant in the amount of:

1) 4000 zł, if the funeral expenses borne by the spouse, children, grandchildren, siblings or parents;

2) the costs actually incurred, at most, however, up to the amount specified in paragraph 1 - if funeral expenses shall be borne by the other person.

2. If the costs of the funeral of an officer of the Prison Service of the rest of the functionary family has 50% of the funeral allowance referred to in paragraph. 1 Section 1

Art. 210. [The costs of the funeral] 1. Funeral expenses covered from the funds of the Prison Service officer if the death resulted from an accident remaining in connection with the service.

2. The Director General may agree to cover the funeral expenses of the deceased officer as a result of the disease remaining in connection with the service.
3
. Funeral expenses officer pays the organizational unit in which the officer was on duty immediately before his death.

4. Funeral expenses organizational unit covers up to a height of no more than six times the average wage in the quarter preceding the date of the funeral, announced by the President of the Central Statistical Office in the Official Journal of the Republic of Polish "Polish Monitor".

5. Regardless of the costs of the funeral business unit also covers the costs associated with transporting the corpse to the village in which the deceased officer is to be buried.

6. If the family of the deceased officer as a result of accident or illness in connection with the service:

1) undertook to organize the funeral of their own - funeral expenses officer shall be reimbursed up to the amount referred to in paragraph. 4; the provision of paragraph. 5 shall apply accordingly;

2) built a gravestone for their own custom - funeral expenses officer shall be in this part of the refund to the difference between the amount referred to in paragraph. 4, and the amount actually disbursed to cover funeral costs officer, organized by organizational unit.

7. The Minister of Justice shall determine, by regulation, the detailed conditions, deadlines and procedure for the payment of funeral expenses and the method of documenting them, taking into account the types of expenditure affecting the payment.

Art. 211. [The amount of the funeral allowance in the event of death of a family member] 1. In the event of the death of a family member of an officer is entitled to a funeral grant in the amount of 4000 zł.

2. In the case of overlapping entitlement to death grant referred to in paragraph. 1 of allowance payable to the funeral allowance under separate regulations officer is obliged first to realize the right to benefits resulting from separate regulations.

Art. 212. [The funeral grant for the death of a family member] 1. The funeral grant for the death of a family member of an officer shall be entitled in the event of death:

1) spouse;

2) their own children or spouse and adopted children;

3) children raised in a foster family;

4) children adopted education before reaching the age of majority, if the parents are dead or can not maintain or provide them have been deprived or limited in the exercise of parental authority;

5) The parents of an officer or his wife, and their stepfather, stepmother, or of their adopters;


6) persons whose legal guardian has been established officer or his spouse.

2. In the case of overlapping entitlements to funeral allowance in connection with covering funeral costs by an officer of the family member who is also an authorized officer shall have one benefit.
3
. The Minister of Justice shall determine, by regulation, the mode of payment of funeral and the types of documents required for its payment, taking into account the efficiency of the implementation of the withdrawal.

Art. 213. [Death officer - financial aid for education from the funds allocated for this purpose] 1. In the case of an officer whose death occurred in connection with the service, each of the children who are dependent on him, that on the day of his death, fulfilled the conditions for obtaining a survivor's pension , Director General of grants financial aid for education from the funds allocated for this purpose in the budget of the Prison Service.

2. The financial assistance referred to in paragraph. 1, students are entitled to public and private schools with public school rights for youth and adult audiences and teacher training colleges and social service workers and students in higher education until completion of training, but not longer than until 25 years of age.
3
. The Minister of Justice shall determine, by regulation, detailed conditions and procedures for granting the aid referred to in paragraph. 1, taking into account the amount of aid depending on the level of education and type of school.

Art. 214. [Surcharge for rest] 1. The officer, who acquired the right to leave and to each member of his family is entitled to receive in the form of subsidies to the rest, amounting to 35% of the lowest basic salary in the Prison Service, according to the rates in force at the date of payment of benefits .

2. In the case of overlapping entitlements referred to in paragraph. 1, due to the service of both spouses in the Prison Service surcharge is entitled to only one of them.

Art. 215. [The right to social benefits] 1. The officers and members of their families are entitled to the following social benefits:

1) stays holiday organized by organizational units;

2) colonies and holiday camps for children and youth organized by the organizational units;

3) trips abroad removable organized by organizational units;

4) foreign colonies and camps removable organized by organizational units;

5) feeding in canteens run by the organizational units;

6) sports activities or leisure activities organized by organizational units.

2. Social benefits are payable, except for sporting activities. The fee should cover costs relating to the organization of the type of benefits and does not include premiums for profit.
3
. The Minister of Justice shall determine, by regulation, procedure and conditions for granting social benefits, including:

1) superiors authorized to grant social benefits;

2) of the documents underlying the adoption and stay in the organizational units related to the implementation of social security benefits, referred to in paragraph. 1 point 1-4 and 6;

3) the properties and conditions of service and living conditions, family and material officer - in the case of the granting of social security benefits, referred to in paragraph. 1 points 1, 2 and 4;

4) the conditions for stay-and participation in the colonies and camps, as referred to in paragraph. 1 points 1, 2 and 4;

5) how to identify the needs in terms of the number of places to enjoy the social benefits referred to in paragraph. 1 point 1-5, and the records of persons residing in the organizational units and the use of assigned places;

6) cases to determine compensation for lost or damaged property, and fees for the resignation of the social benefits referred to in paragraph. 1 point 1-4, and the arrival time other than specified in the referral or early departure from the OU;

7) of the use of the mid-portion of the food or food in the form of packed lunches;

8) the manner and timing of determining the amount of fees and cases of collection of prepayments;

9) the timing of charges for the stay and meals in the organizational units enjoying the social benefits referred to in paragraph. 1 point 1-5.

Art. 216. [The members of the family of an officer entitled to benefits] 1. The family members of an officer entitled to the benefits provided for in Article. 213-215 is considered a spouse and children.

2. Children are considered to be dependent children of their own, spouse, adopted, taken on education which:


1) are under 18 years of age, if attending school - 25 years;

2), regardless of age, they became unable to work and live independently or totally unable to work before the age referred to in paragraph 1.



Chapter 20

Examination of disputes over claims officers from the service relationship

Art. 217. [Settlement of the service relationship in writing] 1. Matters of the service relationship decides superior in writing.

2. By the case of a service relationship must be understood: to establish a service relationship, appointment and the appointment of officers for the posts of business, transfer, dismissal and release from positions of business, broadcasting degrees Prison Service, suspending official, release from service, revocation service relationship, setting salaries , the granting of cash benefits and other necessary activities related to the creation, modification, and termination of employment relationship arising from the implementation of the contents of this service relationship of rights and duties of officers.

Art. 218. [Settlement of issues concerning dismissal from the service, transfer and suspension of business - decision] 1. Matters relating to:

1) exemption from service

2) transfer of authority to serve in a different organizational unit,

3) transfer to a lower official position,

4) suspending business

- Settled in the form of a decision.

2. Since the decision referred to in paragraph. 1 officer may, within 14 days, appeal to a higher superior.
3
. Appeal shall not suspend execution of the decision.

4. For proceedings in cases referred to in paragraph. 1, the provisions of the Act of 14 June 1960. - Code of Administrative Procedure (Dz. U. of 2016. Pos. 23).

5. The decision of the appeal body shall have the right to lodge a complaint to an administrative court on the terms specified in the Act of 30 August 2002. - Law on proceedings before administrative courts (Dz. U. of 2012. Pos. 270, as amended. D.) .

Art. 219. [Settlement of issues arising from the subordination - the personal order] 1. Matters arising from the subordination concerning:

1) the appointment and the appointments service,

2) dismissal and dismissal from service stations and transfer to disposal

3) confer degrees Prison Service

4) posting for temporary service in another organizational unit,

5) the delegation to carry out my duties outside the Prison Service in the country or outside the country

6) entrust the duties for another job title

- Settled in the form of command personnel.

2. The form of the command personnel shall also apply to the determination of the expiry of the service relationship.
3
. Command personnel is enforceable on the date stated therein. From the command personnel can not be appealed.

Art. 220. [disputes about claims on the service relationship in other cases] Disputes over claims the service relationship officers in the matters listed in Article. 218 paragraph. 1 and art. 219 paragraph. 1 and 2 are considered competent court in matters of labor law.

Art. 221. [Repeal of judgments, proceedings re-establish service relationship] 1. Repeal:

1) a final judgment of the medical commission of the total inability to service

2) final conviction and release in the new proceedings a final acquittal,

3) The final decision on conditional discontinuance of criminal proceedings for an intentional offense prosecuted by indictment or an intentional tax crime indictment or intentionally committed a crime bills and issuing new proceedings the final decision to discontinue the proceedings

4) a final decision on imposing disciplinary penalty of expulsion from the service, as well as set aside or annul the legal basis for a final decision to dismiss from service in the Prison Service

- It is the basis for the initiation of proceedings to re-establish service relationship. To the proceedings shall apply respectively. 38 and Art. 39.

2. In exceptional cases justified by the special circumstances of the case, you can withdraw from the qualification procedure or carry them to a limited extent.
3
. The procedure referred to in paragraph. 1, an appropriate superior to the revocation service relationship or dismissal from service officer.


Art. 222. [Re-establish service relationship, appointment] 1. Successful completion of the procedure referred to in Article. 221, is the basis for the appointment of an act referred to in Article. 42 paragraph. 8, specific official position at least equivalent in terms of the basic salary of the position taken by the officer immediately before termination of office.

2. Re-establish service relationship takes place on the day set aside by the competent authority of the effects of the termination of the service relationship referred to in Article. 221. The right to salaries arises from the date specified in the instrument of appointment.
3
. In the absence of the appointment referred to in paragraph. 1, the officer appointed to the position of corporate correspondingly lower, taking into consideration art. 72 paragraph. 1.

4. The appointment of an officer of a subordinate position followed with his consent. If you deny an approval by the officer released him from service.

5. In the case of a negative outcome of the procedure referred to in Article. 221, issued a decision to discontinue the proceedings. The provisions of Article. 218 shall apply accordingly.

6. A final decision to discontinue proceedings to re-establish service relationship is the basis for revocation of the service relationship on the date of actual cessation of duty by the officer.

Art. 223. [cash benefit granted to an officer, which re-established service relationship] 1. The officer, which re-established service relationship or against whom proceedings were discontinued, referred to in art. 221, shall be for the period of being off-duty cash benefit equal to the salary of the position of official occupied immediately before the termination of the service relationship, but not more than 6 months and not less than one month.

2. If the period of being off-duty officer received a service pension, paid on the basis of separate regulations, or the provision of cash, as referred to in Article. 102 paragraph. 1, shall be paid to the amount due to the difference between the wages of a paid benefit pension or benefit referred to in Article. 102 paragraph. 1.
3
. The period of staying out of service for which granted the benefits referred to in paragraph. 1 shall be treated on a par with the service in respect of all rights dependent on length of service.

Art. 224. [cash benefit in the event of a repeal or annulment of the final decision to dismiss from service] 1. In the event of a repeal or annulment of the final decision to dismiss from service in the Prison Service for reasons other than those referred to in Article. 221 paragraph. 1 officer shall be paid only the cash benefit as referred to in Article. 223 paragraph. 1, subject to paragraph. 2.

2. The provision referred to in paragraph. 1 shall be paid within 14 days from the date of the official proposal in this regard, with proof set aside or annul the decision to dismiss from service in the Prison Service.
3
. Superior referred to in Article. 221 paragraph. 3 states on the basis of the document referred to in paragraph. 2, the termination of the service relationship on the date of actual cessation of duty by the officer.

Art. 225. [Restoration degree] officer restores degree in case of annulment of a final judgment adjudicating penal measure of deprivation of civil rights or set aside a final conviction for an intentional offense prosecuted by indictment or an intentional tax crime, imprisonment, the implementation of which has been conditionally suspended.

Art. 226. [Limitation of actions] 1. Claims for the right to wages and other benefits and monetary claims are barred after a period of 3 years from the date on which the claim became due.

2. The claim of the right to the first published accounts receivable uniformed officer in nature shall expire with the end of 3 years from the date on which the claim became due.
3
. Superior jurisdiction to deal with claims may not take into account the limitation, if the delay in the investigation of the claim is justified by exceptional circumstances.

4. The period of limitation claims for wages and other benefits and entitlements cash interrupts:

1) any act against superior responsible for processing claims, made directly to enforce or determine or settle the claim;

2) recognition of the claim.


Art. 227. [The right to interest in the event of non-payment of basic salary and allowances of a permanent nature within] In the case of non-payment of basic salary and supplements to the salaries of a permanent nature within the period referred to in Article. 62 paragraph. 2, the officer is entitled to receive statutory interest for the delay, calculated for each day of delay.

Art. 228. [Deductions from salaries] 1. salaries of officers deductions may be made pursuant to the provisions on enforcement of a judicial or administrative enforcement proceedings or other special regulations, if further provisions of this Act provides otherwise.

2. By salary referred to in paragraph. 1, it is understood the basic salary including allowances of a permanent nature, as well as the benefits associated with the termination of the service relationship referred to in Article. 99 and Art. 102 paragraph. 1.
3
. The Minister of Justice shall determine, by regulation, supervisors are competent to make deductions from salaries and procedure in these matters, particularly in regard to the basis for making deductions and how to deal with the amounts withheld.

Art. 229. [Exclusion of deductions] deductions pursuant to the provisions on enforcement of a judicial or administrative enforcement proceedings or other special regulations do not apply to advances collected for the settlement, and in particular the cost of a business trip, the delegation or transfer. These receivables deducted from salaries in full, regardless of deductions from other titles.



Chapter 21

Disciplinary liability of officers

Art. 230. [Disciplinary] 1. The officer disciplinary responsibility for committing a disciplinary offense involving the violation of professional discipline or for acts contrary to the oath taken.

2. Violation of professional discipline is an act of the officer committed intentionally or unintentionally relies on infringement of the reputation of the service or on the vires or non-execution of obligations under the law or the orders and instructions issued by their superiors.
3
. Violation of professional discipline in particular:

1) refusal or failure to perform a command or order of a superior or authority empowered under the Act to issue instructions to officers;

2) failure to act implement its business or in an irregular manner;

3) inhumane treatment, offensive to the dignity of persons deprived of their liberty;

4) failure to fulfill duties or exceeding the powers specified in the law;

5) misrepresentation or other superior officer, if it caused or could cause damage to the service or any other person;

6) proceedings superior contribute to the relaxation of professional discipline;

7) to appear to serve in the state after the use of alcohol or similarly acting substance and alcohol or similarly acting substance at the time of service;

8) loss of business firearms, ammunition or service identity card;

9) loss of business equipment subject matter, the use of which by unauthorized persons caused damage to a citizen or created a threat to public order or public safety;

10) the loss of a document containing information constituting a state secret or confidential;

11) abuse of official position or service to gain financial or personal;

12) arbitrary dismissal of the officer from the area of ​​accommodation, if fully put up in barracks, as well as unjustified leave or failing to appear at the place of service.

4. An act constituting a disciplinary offense, while filling a criminal offense, offense, offense treasury, tax offenses subject to disciplinary responsibility regardless of the criminal liability or criminal duty.

5. In the case of an act constituting a disciplinary offense less serious, at the same time filling the hallmarks of the offense or offenses tax, for which the accused has been punished disciplinary superior, not to initiate proceedings and instituted redeem.

6. In the case of an act constituting a disciplinary offense less serious disciplinary supervisor referred to in Article. 231, may withdraw from the proceedings and the conduct of the perpetrator of a disciplinary documented disciplinary conversation.


Art. 231. [disciplinary superiors officers] 1. Superior disciplinary officer is the appropriate head of organizational entity referred to in Article. 32. The same disciplinary authority is an officer entrusted with the duties of this position.

2. Disciplinary superior officer occupying higher managerial position in the organizational unit is the appropriate superior, referred to in art. 63 paragraph. 2.
3
. Disciplinary superior officer delegated to temporary duty or which delegated to the initial training, vocational or specialized training course at the Central Training Centre of Prison Service training center Prison Service or resort staff development Prison Service is postponed disciplinary at the time of service, event training or vocational training, with the exception of the possibility of sentencing set out in Article. 232 Section 3-7, which impose appropriate supervisor referred to in paragraph. 1 and 2.

4. In the case of transfer of an officer to serve in another organizational unit and the related amendment superior disciplinary disciplinary proceedings initiated against the officer takes over and decides in the first instance, the new chief disciplinarian.

5. The officer assigned to perform official tasks outside the Prison Service shall be subject to disciplinary authority superior referred to in paragraph. 1 and 2.

6. Superior disciplinary may in writing authorize their deputies or other officers with him, led by the organizational unit to handle disciplinary matters on behalf of the band.

7. Doubts in determining the properties superior in disciplinary matters settled higher disciplinary superior way of a resolution.

8. Higher superior disciplinary proceedings disciplinary proceedings against:

1) The Director General, Deputy Director-General, the Director of the District, Commander of the Central Training Centre of Prison Service training center commander and the commander of the Prison Service center staff development Prison Service answers directly to the Director-General and officials of the Central Board of Prison Service - is the Minister of Justice;

2) deputy regional director, the director of a prison or detention center, the Deputy Commander of the Central Training Centre of Prison Service, the deputy commander of the training center of the Prison Service, the deputy commander of the center staff development Prison Service answers directly to the Director-General and officials of the Regional Inspectorate of Prison Service - is Director General;

3) the deputy director of a prison or detention center, deputy commander of the center staff development Prison Service and officers of these units - the director of the district.

Art. 232. [Disciplinary] Disciplinary penalties are:

1) reprimand;

2) warning of inadequate suitability for the position held official;

3) warning about incomplete suitability for service in the Prison Service;

4) the appointment of a subordinate position;

5) reduction of the degree;

6) the appointment of a subordinate position with decreasing degree;

7) removal from service.

Art. 233. [Kara reprimand] Kara reprimand is to point out faults the penalized by a superior disciplinary misconduct.

Art. 234. [Kara warnings about inadequate suitability for the position held official] 1. Kara warnings about inadequate suitability for the position held official talks involves performing disciplining and point out faults the penalized misconduct and Prejudice him that if once again commits a disciplinary offense, may be appointed for lower official position in a disciplinary or punished more severe disciplinary action.

2. Kara warnings about incomplete suitability for service in the Prison Service is to conduct the interview, and point out faults misconduct warning that a repetition of the act punished may be expelled from the service.

Art. 235. [Kara appoint a subordinate position] 1. Kara appoint a subordinate position it consists of an exemption from the hitherto official position and appointment to the post of duty lower than the previously occupied.

2. Before seizing the penalty appoint a subordinate position an officer can not appoint a higher official position.

Art. 236. [Kara lower degree] Kara lower level is to issue the command personnel of the loss of their degree and granting the degree immediately below.


Art. 237. [The penalty of expulsion from the service] 1. The penalty of expulsion from the service involves the revocation service relationship.

2. The penalty of dismissal from service officer administers the Director General.

Art. 238. [Number of offenses and the number of sanctions] 1. committed a disciplinary offense can impose only one disciplinary penalty.

2. For having committed several disciplinary offenses can impose a disciplinary penalty, respectively, more severe, whereas educational reasons or prevention of the punishment.

Art. 239. [Determination of the sentence] 1. The penalty imposed should be commensurate committed a disciplinary offense and the degree of culpability, in particular, should take into account the circumstances of committing a disciplinary offense, its consequences, including consequences for health, nature and degree of breach of duties The defendant, motives , behavior of the accused before committing a disciplinary offense and after the commission and the current course of service.

2. The tightening of the penalty can be affected by the circumstances of committing a disciplinary offense:

1) the operation of the reasons and motives deserving special condemnation or state after the use of alcohol or other similarly acting substance;

2) the commission of a disciplinary offense by an officer before seizing it imposed disciplinary penalty;

3) serious consequences of a disciplinary especially significant disturbance tasks of the Prison Service or damage to reputation Prison Service;

4) activity in the presence of a subordinate, together with him, or to his detriment.
3
. The easing of punishment can be affected by the circumstances of committing a disciplinary offense:

1) Recklessness its commission;

2) adoption by an officer of efforts to reduce its effects;

3) lack of adequate professional experience or insufficient professional skills;

4) voluntarily inform the supervisor of the disciplinary commission of a disciplinary offense prior to the initiation of disciplinary proceedings.

4. Superior disciplinary takes into account the circumstances referred to in paragraph. 1-3, only for the officer to which they relate.

Art. 240. [reasonable guess to commit a disciplinary offense, doubts about the commission of a disciplinary] 1. Superior disciplinary, if there is reasonable suspicion of committing a disciplinary offense by an officer:

1) initiate disciplinary proceedings:

A) on its own initiative,

B) at the request immediate superior officer,

C) upon request of a higher superior,

D) the court or prosecutor;

2) may initiate disciplinary proceedings at the request of the victim.

2. The major superior may initiate disciplinary or take to conduct disciplinary proceedings before ruling, if in its opinion it is necessary due to the nature of the case.
3
. In the case referred to in paragraph. 1 point 1 d and point 2, the superior disciplinary inform accordingly the court or the prosecutor or the victim to initiate disciplinary proceedings and the outcome of these proceedings, sending a copy of the judgment or order issued. Materials provided by the court, the prosecutor or the victim starts to act disciplinary proceedings.

4. If there is any doubt as to the commission of a disciplinary offense, their legal identity of the perpetrators or the nature of the case is complicated and complex, before initiating disciplinary proceedings postponed disciplinary have carried out such inquiries. These steps should be completed within 30 days.

5. Disciplinary proceedings shall be initiated on the date of the decision to initiate disciplinary proceedings. Officer, for which issued the decision to initiate disciplinary proceedings, is considered to be the accused.

6. The decision to initiate disciplinary proceedings includes:

1) the disciplinary supervisor;

2) the date of the order;

3) the degree, name and position of the defendant;

4) a description of the alleged disciplinary offense the accused, together with its legal qualification;

5) factual alleged disciplinary offense;

6) an indication of the disciplinary conducting the proceedings;

7) the signature of a degree, name and surname of the disciplinary supervisor;

8) instruction on the rights enjoyed by the accused in the course of disciplinary proceedings.

Art. 241. [Rationale Process] 1. The disciplinary proceedings shall not be instituted and initiated redeems:


1) if the explanatory proceedings did not confirm the existence of a disciplinary offense;

2) after the deadlines specified in paragraphs. 3-5;

3) in the event of the death of an officer;

4) if in the same case collapsed final decision disciplinary or pending disciplinary proceedings;

5) when due to the seriousness of the misconduct prove sufficient use of disciplinary measures in the form of:

A) an interview disciplining,

B) the obligation of the accused to apologize to the victim,

C) the obligation of the defendant to repair the damage caused;

6) if there is another circumstance excluding the proceedings.

2. A decision not to initiate disciplinary proceedings and the decision to discontinue the disciplinary proceedings shall be delivered to the victim, if he made a request to initiate disciplinary proceedings. The decision not to initiate disciplinary proceedings and the decision to discontinue the proceedings victim can bring a complaint to the higher disciplinary superior within 7 days from the date of delivery. Art. 240 paragraph. 1 point 1 c is used.
3
. Disciplinary proceedings shall not be instituted after the expiration of 90 days from the day the disciplinary superior knowledge of the commission of a disciplinary offense.

4. Disciplinary punishment can not impose one year after the date of committing a disciplinary offense. Suspension of disciplinary proceedings suspends the limitation period.

5. If the offense is a disciplinary action including both a criminal offense, offense, fiscal offense or misdemeanor tax, expiry of the period referred to in paragraph. 4, can not take place earlier than the expiry of the limitation periods of criminal offenses.

Art. 242. [voluntary submission to penalty] 1. If the functionary and the circumstances of the act is not in doubt and there is no need for the imposition of one of the penalties referred to in Article. 232 paragraphs 3-7, after hearing the accused and submitted his explanation in writing and obtaining his written consent for voluntary submission to disciplinary action without conducting disciplinary proceedings shall be drawn up of the steps above and it seems a decision on imposing a disciplinary sanction.

2. The judgment referred to in paragraph. 1, not be appealed against.

Art. 243. [The disciplinary spokesperson, chief disciplinary] 1. Disciplinary proceedings leads the disciplinary.

2. Superior disciplinary determines disciplinary spokesmen for a period of four years from among the officers in the fixed service. The officer may be re-appointed as Advocate disciplinary.
3
. Superior disciplinary to conduct disciplinary proceedings determines the disciplinary extent at least:

1) junior warrant officer if the proceedings relate to an officer holding a degree in the body of serial non-commissioned officers or warrant officers;

2) Lieutenant, where the procedure is to concern the officer holding officer rank to captain;

3) the master, if the proceedings concern is the officer holding the rank of major or higher.

4. Superior disciplinary to conduct disciplinary proceedings may appoint a team of at least two disciplinary spokesmen, especially if it is justified complex and complicated nature of the case or the weight of committed offenses.

Art. 244. [appeal the disciplinary] 1. Superior disciplinary dismisses the disciplinary cases:

1) circumstances which are the basis for his dismissal from service in the Prison Service;

2) a final disciplinary action to punish him;

3) transfer it to another organizational unit of a non-direct supervisor disciplinary action.

2. The disciplinary, with the consent of the disciplinary superior, may be assisted by another disciplinary spokesman for the handling of evidence.
3
. Superior disciplinary suspend the disciplinary commissioner in the exercise of his functions in the case of proceedings against him, the disciplinary or criminal.

Art. 245. [Exclusion from the proceedings of the disciplinary superior disciplinary and disciplinary commissioner] 1. Higher chief disciplinarian, superior disciplinary or disciplinary prosecutor shall be excluded from participation in the disciplinary proceedings, if:

1) The case concerns him directly;

2) is a spouse, relative or the accused or his victim within the meaning of the Act of 6 June 1997. - The Code of Criminal Procedure (Dz. U. item. 555, as amended. D.);

3) witnessed the act;


4) there is this kind of circumstance that could give rise to reasonable doubt as to his impartiality in the case.

2. Higher superior disciplinary superior disciplinary and disciplinary ombudsman can be turned off from participating in disciplinary proceedings also with other legitimate reasons.
3
. The circumstances justifying the exclusion from the proceedings of the disciplinary higher disciplinary superior, superior disciplinary and disciplinary prosecutor shall immediately notify the appropriate senior manager disciplinary and disciplinary superior.

4. Disabling the higher disciplinary superior, superior disciplinary and disciplinary spokesman from participating in disciplinary proceedings can also be made at the request of the accused or his counsel, if appointed.

5. Superior disciplinary issue an order to turn off or disable the refusal of the disciplinary participate in disciplinary proceedings.

6. Higher superior disciplinary issue an order to turn off or refusing to turn off respectively higher supervisor or the supervisor of disciplinary participate in disciplinary proceedings.

Art. 246. [Exclusion from the proceedings - take the proceedings] 1. In the case of disciplinary exclusions supervisor from participating in disciplinary proceedings on the basis of art. 245 paragraph. 1 and 2 disciplinary action takes higher disciplinary superior or supervisor determines disciplinary peer OU.

2. If you disable the Director General of participation in the disciplinary proceedings based on Article. 245 paragraph. 1 and 2 of disciplinary action taken over by one of his deputies.
3
. If you disable the disciplinary from participating in disciplinary proceedings on the basis of art. 245 paragraph. 1 and 2 takes disciplinary action for conduct other designated disciplinary spokesperson.

4. Until such time as the supervisor of the disciplinary provisions to exclude the disciplinary action taken only urgent.

Art. 247. [steps in the disciplinary proceedings] 1. The disciplinary spokesperson collect evidence and take the necessary steps to clarify the matter, in particular questioning of witnesses, the accused, accepts from him explanations and visual inspection. On the steps of the disciplinary draw up the minutes. The disciplinary spokesperson may also have carried out the relevant tests.

2. With activities other than those listed in paragraph. 1 shall be drawn up if a specific provision that requires either postponed disciplinary or disciplinary prosecutor deems it necessary. In other cases, you may be limited to the preparation of official notes.
3
. The protocol should include:

1) the actions of its time and place, people involved in it or near the current and the nature of their participation;

2) description of the activities;

3) as necessary: ​​

A) a statement of other circumstances relating to the conduct activities

B) statements and conclusions of the participants activities

C) instruction on the rights and duties.

4. Explanations, testimony, statements and conclusions and statements in certain circumstances by the disciplinary ombudsman or the head of the organization recorded in the minutes of the possible precision, and those involved in the action have the right to demand down in a Memorandum with complete accuracy everything relating to their rights and interests.

5. People taking part in the activities, from which it is drawn up a protocol, as well as those at the present, after hearing the contents of the protocol signed by its every page. Refusing to read the contents of the protocol, as well as the denial or absence of the signature of any person shall be described in the protocol.

6. The disciplinary proceedings in issue decisions if their issue is not reserved to the jurisdiction of the disciplinary superior.

7. Decision issued in the proceedings, with the exception of the provisions of the initiation of disciplinary proceedings should include:

1) the provision of issuing the disciplinary supervisor or disciplinary action;

2) the date of the order;

3) the legal basis of the order;

4) the degree, name and position of the defendant;

5) decision;

6) The factual and legal grounds;

7) instruction, whether and in what mode has the right to file a complaint;

8) the signature of a degree, name issuing a decision.


8. If you need to perform operations outside of the village in which disciplinary proceedings were pending, the disciplinary supervisor may ask for its conduct to the manager of the organizational unit competent for the place where the operation is to be performed.

9. If the act which is the subject of disciplinary proceedings is or has been the subject of other proceedings, including preliminary proceedings, the disciplinary supervisor may ask the authority concerned to provide records of the proceedings, in whole or in part. With the approval of this body needed copies or extracts made available to the act included in the records of disciplinary proceedings.

10. If the evidence justifies it, the superior disciplinary issue a decision on alteration of charges.

11. If in the course of disciplinary officer commits another offense leads one proceeding. The provision of paragraph. 10 shall apply accordingly.

Art. 248. [Procedure] 1. In the course of disciplinary proceedings the accused has the right to:

1) refuse to give explanations;

2) reporting of evidence;

3) viewing the act of disciplinary proceedings and make notes, subject to paragraph. 2;

4) establishment of a defender, which can be a lawyer, legal counsel or indicated by the accused officer, who agreed to represent the accused in the course of disciplinary proceedings and the appeal;

5) to bring superior disciplinary complaints against decisions issued in the course of proceedings by the disciplinary ombudsman, within 7 days of receipt and in the cases stipulated by law; the provisions issued by the superior disciplinary complaint shall be entitled to the higher disciplinary superior, subject to Art. 253 paragraph. 8.

2. The disciplinary may, by order, to refuse access to the documents if opposed by a good disciplinary proceedings. The decision may be appealed.
3
. Establishment defenders entitles him to act throughout the disciplinary proceedings, including the steps after the judgment becomes final, if it does not contain any restrictions. To change the scope of the power of attorney authorizing to act in disciplinary proceedings, or its withdrawal accused shall immediately notify the defender and disciplinary spokesman.

4. The defender may not take action against the accused. He may resign from representing the defendant in the course of disciplinary proceedings, by giving the accused and the disciplinary spokesman. Until the establishment of a new defender, but no longer than 14 days from the date of notification of the accused, the defender is obliged to take the necessary steps.

5. The share of defense in the disciplinary proceedings does not exclude personal act in the accused.

6. Decisions, provisions, notices and other documents issued in the course of disciplinary proceedings shall be served on the accused and counsel, if appointed. In the event of delivery of accused and counsel on various dates writings, from which the right to appeal or complaint, the deadline for an appeal or complaint shall be counted from the date of delivery for each of them individually.

7. The application of evidence the accused reported in writing to the Ombudsman in disciplinary action, which decides to grant the request or refuses to, by order, taking into account application if:

1) the fact to be proven, there is no relevance to the outcome of the case or is already proven as alleged by the applicant;

2) evidence is not relevant for the determination of the circumstances or it can not be carried out;

3) the taking of evidence is inadmissible.

8. The decision on the rejection of the application of evidence to appeal.

9. Unexcused absence of the accused in the service and unjustified failure to appear at the disciplinary appeal is not suspended during the disciplinary proceedings.

Art. 249. [presumption of innocence] 1. Superior disciplinary and disciplinary prosecutor are obliged to investigate and take into account the circumstances in favor of both the advantage and the disadvantage of the accused.

2. The accused shall be presumed innocent until his guilt is proven and determined by the final decision. Indelible doubts resolved in favor of the accused.

Art. 250. [Deadline for conducting operations, suspension and resume the proceedings] 1. The activities of evidence in the disciplinary proceedings should be completed within one month of the date of initiation of this proceeding. The higher disciplinary superior, by order, may extend the deadline for conducting evidentiary action for two months.


2. Superior disciplinary may suspend disciplinary proceedings based on the existence of long-term obstacle preventing the legal proceedings. The decision to suspend the disciplinary proceedings may be appealed within 7 days from the date of service of the order. If disciplinary proceedings have been initiated at the request of the victim, a complaint may also submit victim.
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. Superior disciplinary issue an order to reinstate suspended disciplinary action after the termination of the obstacles referred to in paragraph. 2.

Art. 251. [Introduction to acts of disciplinary proceedings] 1. The Commissioner for disciplinary action after evidence and recognition that have been explained all the relevant circumstances of the case, notify the accused and his defense of the opportunity to review the acts of disciplinary proceedings within 5 days from the date of receipt of the notice.

2. With operations familiar with acts of disciplinary proceedings shall be drawn up.
3
. Failure to acts of disciplinary action or refusal to look at them or signature stating this circumstance does not suspend the proceedings. The disciplinary spokesperson made mention of the refusal of the acts of the proceedings.

4. The accused has the right within 3 days of the day on the acts of disciplinary proceedings request that complement them. At issued by the disciplinary decision to refuse to complete the act of disciplinary proceedings the accused has the right to file a complaint.

5. The accused has the right within 3 days of the day on the supplemented acts of disciplinary proceedings request that a complement to the extent resulting from the activities performed evidence supporting records of the proceedings.

6. The disciplinary spokesperson, after hearing the accused of acts of disciplinary proceedings, issue a decision on the completion of evidence and draw up a report which:

1) indicates conducting the proceedings and disciplinary superior who issued a decision to initiate disciplinary proceedings;

2) indicates the accused and determine the alleged disciplinary offense, the facts and the law, which was based on the evidence collected;

3) submit proposals for an acquittal, finding fault, withdrawal from punishment or punishment or the discontinuance of the proceedings.

Art. 252. [The ruling] 1. Based on assessments collected in the disciplinary proceedings of the evidence disciplinary superior shall decide on:

1) acquittal or

2) withdraw from punishing or

3) punishment or

4) discontinue the proceedings.

2. Award should include:

1) the disciplinary supervisor;

2) the date of the judgment;

3) the degree, name and position of the defendant;

4) a description of the alleged disciplinary offense the accused with legal qualification;

5) decision;

6) The factual and legal judgment;

7) instruction on the right, the time and mode of appeal;

8) signature, indicating the degree, name and surname of the disciplinary superior, and the stamp OU.
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. Superior disciplinary repeal the provision referred to in Article. 251 paragraph. 6, and shall forward the case file spokesman for disciplinary action to be completed if it is determined that you have not clarified all the circumstances of the case.

4. Superior disciplinary discontinue the disciplinary proceedings in the cases referred to in Article. 241 paragraph. 1.

5. Superior disciplinary may waive the punishment, if the degree of guilt or the degree of harmfulness of a disciplinary offense for services is not significant, and the personal characteristics and conditions officer and the current course of the service justify the assumption that despite the cancellation of punishment he will comply with professional discipline and professional ethics.

6. The ruling referred to in paragraph. 1, and the reasons should be made in writing within 14 days from the date the decision to terminate the operations of evidence.

7. The ruling referred to in paragraph. 1, shall be immediately delivered accused.

8. If the disciplinary superior, referred to in art. 231 paragraph. 1, it considers that it is necessary to impose a disciplinary penalty, which is imposed is not appropriate, a proposal on this issue, together with implementing disciplinary action sends the supervisor disciplinary responsible for imposing the penalty.


9. In the case of an intent to bring the penalty of dismissal from service chief disciplinarian, before ruling disciplinary hears the accused in the presence of disciplinary spokesman. The hearing of the accused may participate defender. The date of a hearing should notify the proper management of trade union officers. A representative of the Management Board may participate in the hearing, unless the accused does not consent to it.

10. The provision of paragraph. 9 shall not apply in the case of:

1) The detention of the accused;

2) refusal of the accused to appear for a hearing or unexcused absence within the prescribed time to listen;

3) the occurrence of any other obstacle preventing the accused to appear for a hearing within 14 days from the date of service of the order of the completion of evidence.

Art. 253. [appeal] 1. Disciplinary proceedings are two stages, subject to Art. 242. The judgment given in the first instance, the accused may be appealed within 14 days from service of the judgment; appeal may be withdrawn.

2. The appeal shall be submitted to the higher disciplinary superior through the supervisor, who delivered the judgment in the first instance.
3
. Higher superior disciplinary refuses to accept the appeal by order, if it is filed after the deadline, or by an unauthorized person or is not acceptable. The provision of Article. 263 shall apply accordingly.

4. If the failure to meet the deadline referred to in paragraph. 1, due to reasons independent of the accused, the accused within 7 days from the date of termination of the obstacles may submit a request for restoration of the term, completing both transactions, which had to be made within the time limit.

5. The issue of restoration of the date of decision rules the major superior, before which the action had to be made.

6. The refusal to restore the deadline to appeal.

7. An application for relief does not suspend enforcement of the judgment, however, postponed the disciplinary to which the application was made, or the major superior disciplinary may, by order, suspend the enforcement of judgments; refusal to suspend does not require justification.

8. If a judgment or order of first instance issued the Minister of Justice, an appeal or a complaint is not entitled. The defendant may, however, within the period referred to in paragraph. 1, apply to the Minister of Justice with a request for a retrial; to this conclusion, the provisions relating to appeals against decisions.

Art. 254. [Recognizing the case on appeal] 1. In an appeal hearing the case on the basis of the facts in the disciplinary proceedings. If it is necessary for the correct ruling, the major superior disciplinary may supplement the evidence, commissioning spokesman for conducting disciplinary proceedings disciplinary execution of evidence, specifying their scope.

2. From the materials obtained as a result of evidence referred to in paragraph. 1, the disciplinary introduces the accused. Within 3 days from the day read these materials defendant has the right to a higher supervisor disciplinary action referred to in paragraph. 1, comments on the actions performed evidence. The provisions of Article. 251 paragraph. 1-3 shall apply accordingly.

Art. 255. [Commission to investigate the contested judgment] 1. Higher chief disciplinarian within 7 days from the date of appeal appoints commission to investigate the contested judgment, hereinafter "the committee".

2. The Commission is composed of three officers in the fixed, of which two sets higher disciplinary superior, and one - the proper management of regional union officials.
3
. The appointment of a representative of the trade union officers to the composition of the committee chairman of the board of the district union officials notify the higher disciplinary superior within 7 days of receiving notice of the appointment of such a commission. If not appointed a representative of the trade union officers, the third member of the committee sets a higher disciplinary superior.

4. The higher disciplinary superior shall appoint the chairman of the committee members.

5. The provisions of Article. 245 paragraph. 1-3 shall apply mutatis mutandis to the members of the committee.

6. The Commission may hear the disciplinary commissioner, the accused or his lawyer.

7. Failure to properly zawiadomionych Advocate disciplinary, the accused or his counsel shall not suspend examination of the case.

8. The Commission may apply to the higher disciplinary superior to supplement the evidence pursuant to Art. 254 paragraph. 1.


Art. 256. [The Commission's report, together with a proposal on how to settle the appeal] 1. activities performed shall issue a report with a proposal for a way of settling the appeal.

2. Commission presents a higher supervisor disciplinary report referred to in paragraph. 1, within 21 days from the date of its establishment.
3
. Consideration of an appeal by a higher disciplinary superior should take place within 14 days of receipt of the report referred to in paragraph. 1.

4. The major superior may disciplinary contested decision:

1) maintain or

2) set aside in whole or in part and in this regard to acquit the accused, waive the punishment, or impose any other penalty or repealing that decision - to discontinue the disciplinary proceedings in the first instance, or

3) set aside in its entirety and refer the matter for reconsideration by the disciplinary superior, the resolution of the case requires an evidentiary action in whole or in substantial part.

5. The appeal proceedings shall be discontinued in the event of withdrawal of the appeal.

6. On appeal, the higher disciplinary superior can not quantify a more severe disciplinary penalty in the event of an appeal by the accused.

Art. 257. [The legitimacy of the decision or order] ruling or decision becomes final:

1) of the deadline for an appeal or complaint if it is not filed;

2) the date of the judgment or order by the appellate body.

Art. 258. [Execution of the sentence] 1. The Rector, after the judgment becomes final, it shall immediately implement the sentence. The provision of Article. 237 paragraph. 2 shall apply accordingly.

2. A final decision on withdrawal from the punishment or the penalty included in the personal file of the officer.

Art. 259. [Appropriate use of the Code of Criminal Procedure] 1. In matters not regulated by this Act to the disciplinary proceedings, the provisions of the Act of 6 June 1997. - The Code of Criminal Procedure in relation to the calls, appointments, service and witnesses, with the exception of the possibility of impose disciplinary penalties.

2. The exemption from filing or questions person married to The defendant in a particularly close relationship personal resolve the disciplinary. The refusal of exemption from filing or questions may be appealed against within 7 days from the date of service of the order.

Art. 260. [The blurring of disciplinary punishment] 1. The blurring of disciplinary punishment means recognizing penalty void.

2. Disciplinary penalties shall be erased after:

1) 6 months from the date the decision becomes final penalty of a reprimand;

2) 12 months from the date the decision becomes final penalty warnings about inadequate suitability for the position held business or service in the Prison Service;

3) 18 months from the date the decision becomes final penalty appoint a subordinate position, lower level, the designation of a subordinate position with decreasing degree.
3
. In the case of impeccable service, recorded in official opinion, the disciplinary supervisor can erase the disciplinary penalty before the deadline specified in the paragraph. 2, but not earlier than:

1) 3 months from the date of sentencing reprimand;

2) 6 months from the date of sentencing warnings about inadequate suitability for the position held official warning or penalty for incomplete suitability for service in the Prison Service;

3) 12 months from the date of sentencing appoint a subordinate position.

4. For demonstrating bravery and courage and a serious achievement in the performance of official duties disciplinary supervisor may at any time to erase a disciplinary penalty.

5. If the officer is re-booked before seizing a disciplinary sanction, the period required for seizing new disciplinary penalty runs from the blurring of the previous sentence.

6. In the case of simultaneous execution of more than one disciplinary penalty blurring penalties following the expiry of the period provided for a more severe sanction.

7. The blurring of disciplinary sanction deletes personal records officer ruling on punishment. Ruling on withdrawal from punishing removed from the personal files after 6 months from the date of its coming into force.

8. Superior disciplinary keeps a record of disciplinary punishments.

Art. 261. [The resumption of disciplinary proceedings terminated by a final judgment] 1. Disciplinary proceedings terminated by a final decision shall be resumed if:

1) the evidence on which it is established relevant to the circumstances of the case, proved to be false;


2) it has been disclosed to the relevant circumstances of the case, which were not known in the course of disciplinary proceedings;

3) the decision was issued in violation of applicable laws, if it could have an impact on the content of the decision;

4) the judgment was given on the basis of another decision, which was subsequently repealed or amended;

5) as a result of the decision of the Constitutional Court the power lost or changed legal provision underlying the judgment of the disciplinary;

6) the need for such a result from a decision of an international body operating under an international agreement ratified by the Polish Republic.

2. Disciplinary proceedings shall be resumed ex officio or at the request of the punished. In the event of his death, the proceedings shall be resumed at the request of a family member is entitled to a survivor's pension.
3
. In the case referred to in paragraph. 1 point 5 and 6, the application for reopening shall be submitted within one month from the date of entry into force of the Constitutional Court ruling or decision of an international body operating under an international agreement ratified by the Polish Republic.

4. Disciplinary proceedings did not resume as against the sanctioned after the termination of criminal disciplinary offense.

5. Disciplinary proceedings does not resume after 5 years from the date the decision becomes final.

6. The resumption of disciplinary proceedings ex officio notify the fined or, in the event of his death, a family member is entitled to a survivor's pension.

7. An application for revision of disciplinary proceedings shall be brought to disciplinary supervisor, who delivered the judgment in the first instance, within 30 days from the day in which punished learned of the circumstances giving rise to the resumption of the proceedings.

8. If the reason for the resumption of proceedings is the activity of the disciplinary supervisor referred to in paragraph. 7, decides to resume the higher disciplinary superior.

9. The decision to refuse the resumption of disciplinary proceedings and the penalized member of the family is entitled to a survivor's pension, as referred to in paragraph. 2, be appealed to a higher disciplinary superior within 7 days from the date of delivery; the decision issued by the Minister of Justice is entitled to the same period, the application for a retrial.

Art. 262. [The proceedings after the resumption of disciplinary proceedings] 1. After the reopening of disciplinary proceedings carried out activities limited evidence for the causes resume, and after their completion, according to the findings, it appears the decision:

1) repealing the existing sentence and fined stating acquittal or dismissal of the proceedings or disciplinary

2) changing the existing ruling and imposing other disciplinary or

3) refusing to set aside the previous judgment.

2. Changing the current judgment and the imposition of another disciplinary sanction can not take place after the termination of criminal disciplinary offense.
3
. The decision of a more severe sanction than the previous is possible only when the resumption occurs with the office and the penalty imposed is grossly disproportionate to the committed disciplinary offenses.

4. If, following the resumption of proceedings imposed a lighter penalty, are the effects of the repeal of existing penalties and, if more severe punishment the performance begins from the date of imposition.

5. The judgment and the decision issued pursuant to the resumption of disciplinary proceedings is the penalized, and in case of his death - a family member is entitled to a survivor's pension, cancellation or appeal to a higher disciplinary superior within 7 days from the date of delivery; the decision issued by the Minister of Justice is entitled to the same period, the application for a retrial.

6. The term seizure punishment revised following the reopening of proceedings shall be counted from the date of the decree absolute of imposing new penalties. Deducted from the period seizing new penalties include seizure period that has elapsed since the decision becomes final penalty to date.

Art. 263. [Right of appeal to the competent for the place of residence of the accused Labour Court] from the judgment and the decision ending the disciplinary officer has the right to appeal to the competent for the place of residence of the accused labor court within 14 days from service of the judgment or order with justification.


Art. 264. [The delegation] The Minister of Justice shall determine, by regulation, detailed procedure for conducting activities related to the disciplinary proceedings against the officers, including the circulation of documents related to disciplinary action, straightening clerical and accounting and other obvious errors, and identify patterns and provisions other documents drawn up in the disciplinary proceedings, having regard to the efficiency of the proceedings.



Chapter 22

Transitional and Final

Art. 265. [Previous post] 1. The person appointed to the post of Director General and appointed as Deputy Director-General, as well as the officer appointed regional director, deputy regional director, the director of a prison or detention center director, Deputy Prison Director or Deputy Director detention center, Commander of the Central training Centre of Prison Service, commander of the training center of the Prison Service and the commander of the resort staff development Prison Service and the Deputy Commander of the Central training Centre of Prison Service, the deputy commander of the training center of the Prison Service and the deputy commander of the Centre of excellence personnel of the Prison Service under the provisions of the Act, referred to in Article. 273, carries out his duties or is serving at his present job title for a period not exceeding 6 months from the date of entry into force of this Act.

2. If within 6 months from the date of entry into force of this Act an officer referred to in paragraph. 1, will not be appointed respectively to the position of Director General, Deputy Director-General, regional director, deputy regional director, the director of the prison or the director of the detention center, deputy director of the prison or the deputy director of the detention center, Commander of the Central Training Centre of Prison Service, commander of the training center Prison service and the commander of the resort staff development Prison service and the Deputy Commander of the Central training Centre of Prison service, the deputy commander of the training center of the Prison service and the deputy commander of the Centre of excellence Prison service personnel in the manner specified in section 8, then released it yet official position. The provisions of Article. 68 shall apply accordingly.
3
. The officer referred to in paragraph. 2, released from the service if you do not consent to the transfer to the position referred to in Article. 68 paragraph. 3. officer is entitled to benefits and entitlements belonging to redundant officer from service on the basis of art. 96 paragraph. 2 Section 4

Art. 266. [The officer remaining unassigned official] officer remaining on the date of entry into force of the act without assignment as the personal property of the respective superior becomes an officer remaining in service. The provisions of Article. 68 paragraph. 4-6 and art. 265 paragraph. 3 shall apply accordingly.

Art. 267. [There are no requirements for education and professional qualifications - the behavior of the position] officer, who did not meet the requirements in terms of education and professional qualifications provided for the official position occupied by him before the date of entry into force of the Act, retains this position.

Art. 268. [Transitional provision] 1. Matters of the service relationship referred to in Article. 217 paragraph. 2, conducted under the Act referred to in Article. 273, initiated and not completed before the entry into force of this Act shall be conducted pursuant to this Act.

2. Proceedings concerning decisions on dwelling, to grant financial aid to obtain a dwelling, the grant equivalent of the money due to lack of housing or the equivalent of money for the renovation of occupied dwelling, issued pursuant to the Act referred to in Article. 273, initiated and unfinished final decision until the entry into force of this Act shall be conducted pursuant to the provisions of this Act.

Art. 269. [behavior standards] organizational units, which have been given banners before the entry into force of this Act, retain these standards.

Art. 270. (omitted)

Art. 271. [Disciplinary proceedings - transitional provision] 1. Disciplinary proceedings uncompleted ruling until the entry into force of this Act shall be subject to further recognition of the principles set out in Chapter 21; the period referred to in Article. 241 paragraph. 3, starts from the date of entry into force of the Act.


2. Not final ruling, which was made a complaint to the disciplinary court, referred to in art. 131 of the Act, referred to in art. 273, unrecognized by the court until the entry into force of this Act, be examined on the principles set out in Chapter 21 for the higher disciplinary superior.
3
. Chairman of the disciplinary court after the entry into force of this Act shall forthwith forward:

1) higher supervisor disciplinary documentation regarding the disciplinary proceedings referred to in paragraph. 2, in order to identify in accordance with the property;

2) superior disciplinary records of completed disciplinary proceedings, in terms of non-archiving.

Art. 272. (omitted)

Art. 272a. [The maximum limit of the state budget expenditures on flat rate for access to places of service] 1. In the period 2012-2021 the maximum spending limit of the state budget for the provision referred to in Article. 195a, it is 75 930 thousand. zł, except that in each year the limit is:

1) 2012. - 6785 thousand. zł;

2) 2013. - 6954 thousand. zł;

3) 2014. - 7128 thousand. zł;

4) 2015. - 7306 thousand. zł;

5) 2016. - 7489 thousand. zł;

6) 2017. - 7676 thousand. zł;

7) 2018. - 7861 thousand. zł;

8) 2019. - 8049 thousand. zł;

9) 2020. - 8242 thousand. zł;

10) 2021. - 8440 thousand. zł.

2. Minister of Justice monitors the use of annual spending limits, making at least four times a year, at the end of each quarter, evaluate the use limit of expenditure for the year.
3
. In case of emergency and exceeded the annual maximum spending limit and where the period from the beginning of the calendar year until the final assessment referred to in paragraph. 2, part of the annual limit pro rata for the period has been exceeded by at least 10% shall apply correction mechanism consisting in a proportional change in the amount of the lump sum.

Art. 273. [provisions repealed] The Act of 26 April 1996. Prison Service (Dz. U. of 2002. Pos. 1761 as amended. D.).

Art. 274. [Entry into force] This Act shall come into force after 3 months from the date of publication.

[1] Art. 60c paragraph. 2 point 5 point c) as amended by art. 29 of the Act of 10 June 2016. Amending the Act on medical activity and certain other acts (Journal item. 960). The change came into force on 15 July 2016.

[2] Repealed by art. 1 point 1 of the Act of 9 November 2012. Amending the Act - the Labour Code and some other acts (Dz. U. of 2013. Pos. 2), which entered into force on 17 January 2013.