The introduction of regulations to improve the effectiveness of the prison sentence enforcement and the expansion of the use of the electronic surveillance system – these are some of the supposed goals of the comprehensive amendment to the Criminal Code to be dealt with by the government on Tuesday.
The project was announced last fall as one of the pillars of a comprehensive prison reform and the issue of serving sentences, fully dubbed as “modern prison” by the Justice Department. Another pillar of this reform is the amendment to the Prisons Act, which will also be discussed in the government meeting on Tuesday.
The proposed reform of the Criminal Code provides, inter alia, for abolishing the summons of the convicted person to appear in the pre-trial detention center within the prescribed period and introducing the principle that the court issues a warrant of arrest and detention against any person up to prison sentence, without the convicted person being first summoned to serve on the specified date.
“Of those summoned to appear at the pre-trial detention center within the prescribed time limit, only a small percentage of those convicted are complying with this court-subpoenaed obligation,” the statement reads. However, it was possible for the court “in a particularly justified case, at the request of the convicted person” to withdraw from the warrant of arrest and lead to arrest, if his present attitude and conduct justify the assumption that he will be subpoenaed. to appear .
Under the draft, judges must also consider whether a person has evaded serving a sentence when considering parole requests.
The amendments also extend and improve the use of electronic surveillance for offenders of minor offences. “Penitentiary committees working in prisons will be empowered to serve a prison sentence in the Electronic Surveillance System for convicts who have started serving a sentence of no more than four months. This will speed up the processing of applications and courts currently under consideration this longer sentences, the last six months of stay in a prison will be possible for the convicted in ESS. This will allow to control the introduction of prisoners in general “- justified the Ministry of Justice.
On the other hand, the terms after which life sentences can be continued in less severe penal institutions will be extended – in the case of transfer to a semi-open penitentiary from 15 to 20 years, and in the case of transfer to an open prison from 20 to 25 years . “The extension of the deadline after which the perpetrators of the most serious crimes are sent to semi-open and open prisons is also motivated by the implementation of the legal obligation to ensure security” – it was justified.
Another group of issues addressed in the project concerns the work of prisoners. As part of the employment expansion, convicts will be able to offset unpaid fines. According to the Ministry of Justice, the new scheme also aims to quickly involve prisoners in dealing with the effects of natural disasters, thereby supporting emergency services.
The proposed reform also aims to introduce the principle that health services should be provided to prisoners in accordance with the rules that apply to all patients. The authors of the project pointed out that those deprived of their liberty are referred to doctors, including specialists, outside the order and system of health services. According to the Ministry of Justice, there is no justification that they use health care on better terms than all Poles covered by universal health insurance.
It was proposed to introduce a rule that the sentenced person’s obligation to undergo treatment related to alcohol dependence will be pronounced by the penitentiary court in a hearing in which the public prosecutor, the sentenced person and his counsel are entitled to participate. This is the implementation of last year’s Constitutional Court ruling.
“Once the bill enters into force, it will, as a rule, apply to all proceedings, including executive proceedings, which have been initiated and not completed on the date of entry into force of the bill” – it was intended. In general, most changes would take effect six months after the date of announcement.