Performance of protective measures under the provisions of executive penal code  Cover Image

Wykonywanie środkow zabezpieczających na podstawie przepisow kodeksu karnego wykonawczego
Performance of protective measures under the provisions of executive penal code

Author(s): Katarzyna Ożóg-Wróbel
Subject(s): Law, Constitution, Jurisprudence
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: organ of executive proceedings; protective measures; manager of another facility provided for in Executive Penal Code; closed psychiatric facility; drug treatment; outpatient facility

Summary/Abstract: The paper concerns the performance of protective measures under the provisions of the Executive Penal Code (k.k.w.). Primarily, it presents the authorisation and duties of one of the organs dealing with criminal enforcement proceedings, provided for in Art. 2 item 5 of k.k.w., that is a person managing another facility regulated by the criminal law. In particular, this entity is responsible for the execution of measures awarded in criminal proceedings. The above issues are current in the light of the doctrine, legal solutions, as well as from the practical point of view since it is the actions undertaken by the body of executive proceedings that determine effective and proper enforcement of the judgment whereby a protective measure was awarded against the perpetrator. This study features an analysis of the powers that a manager of another facility has, as referred to in the k.k.w. related to his/her competence to admit a perpetrator into the facility, implement the judicial decision concerning the application of protective measures, inspect the rooms where perpetrators are detained, and interfere with detainees’ contacts with the outside world. Further, the paper presents other duties of persons heading another penal facility as provided by the Executive Penal Code. It also offers an appraisal of legal solutions to be found in statutes and regulations other than statutes

  • Issue Year: 24/2014
  • Issue No: 1
  • Page Range: 045-070
  • Page Count: 26
  • Language: Polish