According to the Ombudsman for Citizen’s Rights, convicted individuals should voluntarily report to the penal institution within the designated deadline, and only in exceptional cases should they be escorted based on a court summons.
When imposing an unconditional sentence of imprisonment, the convict should generally be summoned to report to detention within a specified time. Lack of knowledge by the convict about when to serve his sentence complicates organizing his family and professional matters. The Deputy Ombudsman for Citizen’s Rights (RPO) appeals to the Minister of Justice to introduce changes to the penal code.
Unfortunate change of regulations
The Deputy Ombudsman initially directed a letter to the Minister of Justice of the Republic of Poland in early September, calling for a restoration of the situation prior to the amendment made by the Act of 5 August 2022 on the amendment of the Act – the penal code and some other acts.
Before the date of entry into force of the aforementioned amendment, art. 79 § 1 Of. penal regulations stated that the court summons the convict to report to the penal institution within a specified period. In justified cases, the court may order the convict to be escorted without a summons. From 1 January 2023, the act had new wording. The court orders the convict to be detained and taken to jail. If the convict’s previous conduct and behavior justify the assumption that he will respond to the summons, then the court may summon him to appear at a specified time, and if he does not appear after being summoned, the court orders the police to detain him and bring him to the penal institution.
Reversed Practice
As the Deputy Ombudsman points out, until the end of 2022, the court set the date for the convict to report to the penal institution nearest to his residence. Only when the convict did not appear on this date, then he was ordered to be escorted. After the changes, the norm is to have the police escort without prior scheduling of the reporting date. Only when the convict’s previous demeanor allows suspicion that he will respond to the summons, then upon his application, the court may refrain from compulsory escort.
Ineffective Amendment
The change in the rules for bringing the convict to serve the sentence was dictated by the desire to prevent convicts from hiding and evading the sentence after being summoned to report to the penal institution. However, between 2016 and 2021, the number of convicts who did not report, which was between 36,000 and 40,000, was at a similar level as it is now.
Inconsistent rules for different penalties
The Deputy Ombudsman also points to systemic inconsistency. As art. 44 Of. penal regulations states, the court first summons the convict to pay a fine within a thirty-day period, and only in the face of ineffectiveness of this summons does it proceed to execution. Similarly, in the case of a sentence of liberty restriction, where the supervisor first summons the convict and instructs him about the duties associated with serving this sentence, and only in the face of the convict’s non-appearance does he apply for a substitute penalty verdict.
Conclusion
As the Deputy Ombudsman for Citizen’s Rights included in the rationale for his proposal to restore the state prior to 1 January 2023, its origin is the accounts of a police officer with many years of service and experience in escorting convicts to serve sentences of imprisonment. He pointed out that the lack of knowledge by the convict about the anticipated start date of his sentence significantly hinders him in organizing his family and professional matters. This can negatively impact his life and his chances of fully returning to society after leaving prison. Therefore, the Deputy Ombudsman proposes that the rule should again be the independent appearance of the convict at the penal institution within a previously specified period, and only exceptionally ordering him to be escorted by the police.
Author: Robert Nogacki, legal advisor, managing partner, Skarbiec Law Firm, specializing in legal, tax, and strategic consulting for entrepreneurs.
Source: https://managerplus.pl/rpo-skazani-powinni-samodzielnie-stawiac-sie-w-zakladach-karnych-apel-o-przywrocenie-wczesniejszych-zasad-41456
