The Clinic article 42

elective courses

(in Polish) Wskazane zaliczenie przedmiotu kryminologia albo prawa karnego wykonawczego albo psychologii sądowej.

Student powinien mieć wiedzę o polskim systemie penitencjarnym (cel wykonania kary pozbawienia wolności i kodeksowe środki realizacji tego celu, między innymi: typy zakładów karnych, systemy odbywanej kary, zasady wykonania kary).

Classroom

The base of “The Clinic article 42” activities is article 42 Penal Executive Code [PEC], which states that a convicted person can appoint on written its representative among the reliable persons, with his/her consent, especially from the representatives of NGOs, foundations, associations and institutions whose mail objective is helping in social re-adaptation of prisoners.

The representative may act only for a benefit of a convicted person and on his/her behalf submit the applications, complaints and requests to the relevant authorities or institutions or churches.

The representative may also be present and active before the penitentiary court.

The base of “The Clinic article 42” activities is article 42 Penal Executive Code [PEC], which states that a convicted person can appoint on written its representative among the reliable persons, with his/her consent, especially from the representatives of NGOs, foundations, associations and institutions whose mail objective is helping in social re-adaptation of prisoners.

The representative may act only for a benefit of a convicted person and on his/her behalf submit the applications, complaints and requests to the relevant authorities or institutions or churches. The representative may also be present and active before the penitentiary court.

The objective of the Clinic article 42 is training the students in a field of law, criminology and penitentiary system and prepare them to use their knowledge and abilities in practice, increasing an access of the convicted person (or other persons deprived of freedom) to the legal advice and other kind professional assistance.

The most part of these persons report:

-       the incidents of inhuman or degrading treatment,

-       a need for assistance in the conditional release cases (on parole),

-       the domestic, local or administrative problems.

After a preliminary selection the cases are examined by the students with assistance provided by an academic patron in order to present and support the question before the relevant authority aiming to get a positive decision.

Every student has his/her assigned own case which he/she occupy a necessary period time. Carrying on the case the student:

-       examines the documents,

-       prepares a correspondence with applicant ,

-       visits a prisons, other detention place, court, office in order to collect the necessary information,

-       acquaints with the appropriate literature,

-       prepares a draft of standing (opinion),

-       with the consent and under supervision of the substantial supervisor dr Teodor Bulenda or the coordinator mgr Maria Niełaczna, offers to the prisoner (person deprived of freedom) his/her personally assistance as the representative before the penitentiary court (or before other authorities).

A list of topics

1.The mission and rules of the Clinic.

2.Methodology Clinic: collecting information about the offender by way of correspondence, interviews with the Prison Service, conversations with prisoners, interviews with family, preparing legal opinions, a friend of the court (amicus curiae), representation of the offender before the court.

3.The historical and sociological aspects of imprisonment.

4.Polish penitentiary units - types, types and characteristics.

5.The problems of prisoners in the letters to the Clinic.

6.Prisoner's rights and obligations under the laws and standards.

7.Prison Service - the role and tasks.

8.Prisoners in the judgments of the European Court of Human Rights,

9.Control and monitoring of prisons by independent bodies and organizations.

10.Conditional early release, a break in punishment, pardon.

11.Guarantees of the correctness and legality of executing a custodial sentence - the role of the courts and penitentiary oversight exercised by the judge.

12.Progression in the execution of a custodial sentence - change the status of the prisoner.

13.Post-penitentiary and social assistance to prevent recidivism.

14.Mediation after the verdict. Concern for the victim

1. Hołda J., Hołda Z., Prawo karne wykonawcze, Zakamycze 2004

2. Postulski K., Kodeks Karny wykonawczy. Komentarz, Gdańsk 2017

3. Machel H., Więzienie jako instytucja karna i resocjalizacyjna, Gdańsk 2003

4. Marek A. Nowicki, Wokół Konwencji Europejskiej. Krótki komentarz do Europejskiej Konwencji Praw Człowieka, Kraków 2003

5. Stańdo-Kawecka B., Prawne podstawy resocjalizacji, Zakamycze 2000