Prawo więźnia do ochrony zdrowia i godnej śmierci w warunkach tak zwanego dożywocia realnego
The prisoner’s right to protect their health and to a dignified death with a special reference to the so-called absolute life imprisonment
Author(s): Piotr StępniakSubject(s): Criminal Law, Penology
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: prisoner; prison; health care; death in dignity; life imprisonment; conditional release; humanitarianism;
Summary/Abstract: The article discusses selected problems of medical care for inmates serving life sentences. The author analyzes the purposefulness of its provision as well as the type and scope regarding the elimination function of this punishment. He indicates that the penalty fulfills such a function in the event that the court restricts the formal request for release for more than 25 years (art. 77 § 2 of the Penal Code). In this context, the author analyzes the issue of realizing the convict’s right to health protection and to a dignified death. The analysis is based on judgments specifying the quantum of the sentence served for 50 years. In the conclusion, he indicates that medical assistance is insufficient and the convicts die in conditions that violate their dignity. The author is in favor of deleting art. 77 § 2 of the Penal Code because it allows courts to impose absolute life imprisonment. He also proposes the conditional early release for humanitarian reasons.
Journal: Nowa Kodyfikacja Prawa Karnego
- Issue Year: 2021
- Issue No: 61
- Page Range: 83-100
- Page Count: 18
- Language: Polish