Polska kuratela sądowa u progu zmian. Wyzwania w pracy kuratora sądowego dla dorosłych w perspektywie reformy prawa karnego i karnego wykonawczego
The subject of this publication is essentially an assessment of the current state of the Polish legal regulation of the tasks of a probation officer for adults, especially in view of the identification of practical barriers to their effective fulfilment. In doing so, the author does not lose sight o...
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| Format: | Article |
| Language: | deu |
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Wydawnictwo Uniwersytetu Wrocławskiego
2025-02-01
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| Series: | Wrocławsko-Lwowskie Zeszyty Prawnicze |
| Subjects: | |
| Online Access: | https://wuwr.pl/wlzp/article/view/17881 |
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| Summary: | The subject of this publication is essentially an assessment of the current state of the Polish legal regulation of the tasks of a probation officer for adults, especially in view of the identification of practical barriers to their effective fulfilment. In doing so, the author does not lose sight of the proposal for a new regulation of many issues relevant to the execution of guardianship in executive proceedings. In view of the observed increased legislative activity of the legislator and the announcements of changes coming from the Polish Ministry of Justice, the identification of areas requiring such intervention and proposing their directions, in line with the expectations of this professional community, should be considered urgent needs. The author includes the regulation of the penalty of restriction of liberty, which currently constitutes a serious burden on the probation service, among the areas that require the intervention of the legislator. However, he stipulates that overcoming the current problems may involve not so much intervention in the field of executive criminal law, but a thorough reform of this sanction in criminal law. The system of regulations regarding the preparation of convicts for release from penitentiary units and the principles of providing them with support in freedom should also become an important object of interest for the legislator. A probation officer can (and should) play a key role in this support. The provisions on conditional early release from the rest of the prison sentence also require restructuring, especially in the aspect of those sentenced to extremely long sentences. The publication also indicates the need to modernize the instruments for estimating the risk of returning to crime used by probation officers and the need to prepare them to fulfill subsequent tasks within the electronic supervision system. |
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| ISSN: | 2082-4939 2957-2479 |