Abstract
The aim of the comparative analysis presented here was in a way to show a catalogue of ways of handling cases in which the complainant is incarcerated. Additionally the aim of this study is an attempt at explicating the current legal status in Poland in terms of the institution of lodging complaints by detainees and its functioning, and to compile a comparative analysis in the same subject area. In addition, the aim of the study is an attempt to present de lege lata conclusions and de lege ferenda postulates in the context of the matter in question. It should be emphasized that the institution of a complaint is notoriously used by persons deprived of their liberty, which is clearly visible in the statistical analysis presented in the article. For this reason, it seems justified to undertake legislative work in cooperation with the Ministry of Justice and the Central Management of the Academy of Justice. This study uses a triangulation of the following research methods: descriptive research method, theoretical and legal method, comparative method with the elements of comparative law, and statistical method. The legal status adopted in the paper as on 30 October 2020.
Highlights
It should be emphasized that the spiritus movens of this study is an expert opinion, which has been compiled in a comprehensive manner, prepared by the staff of the Research and Development Institute of the Academy of Justice, as commissioned by the Department for the Execution of Judgements and Probations of the Ministry of Justice (Nowak, Mielnik, Nowacki, Kasprzyk and Stachowicz, 2020)
It was emphasised that the Ministry of Justice expresses an immediate need to compile mechanisms that limit the abuse of the right to lodge complaints by persons deprived of their liberty, which results in a significant involvement of human resources Penitentiary Service, as well as other bodies of this formation, in constructing a substantive response to allegations, demands and motions of detainees, which are constantly unjustified and irrelevant
The aim of the study is an attempt to present de lege lata conclusions and de lege ferenda postulates in the context of the matter in question
Summary
An important change in the manner of receiving, registering, investigating and processing complaints from persons deprived of their liberty was the amendment of this Act, carried out in 2016 It was aimed in particular at the following: - removing the multi-stage procedure in the same case (this applies only to the situation of submitting a complaint about the way in which it is examined; importantly, there is only one possibility of filing a motion for the examination of a complaint); - shortening the period within which a complainant is entitled to lodge a complaint about an infringement of his right (from five years to six months from the moment of the infringement); this change in question is aimed at JOURNAL OF SECURITY AND SUSTAINABILITY ISSUES ISSN 2029-7017 print/ISSN 2029-7025 online increasing the effectiveness of verification with regard to the allegations; - establishing the jurisdiction of the prison to hear complaints against which a complaint has been made, so that the unit can react immediately to possible violations of detainees’ or prisoners’ rights and ensure that such unwanted actions are immediately eliminated. In a situation where the substantive issue of a petition is extensive and requires detailed information and research, the head of a public authority or institution may extend the deadline for providing a reply by a maximum of 15 days
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