Abstract
This article presents the rights of Prison Service officers regarding the preventive use of direct coercive measures. The concepts of the use and application of direct coercive measures were defined in relation to the Prison Service. The purposes of preventive use are presented with examples. The catalogue and basic principles of the use of direct coercive measures, which can be applied as preventive measures in the Polish Prison Service, are described. The above issues were adapted to the statutory protective tasks of this formation.
Highlights
Reference to this paper should be made as follows: Nowacki, R. 2021
In the author’s opinion, if there are no statutory prohibitions[37] on the use of a measure of direct coercion against a person deprived of liberty, in order to prevent escape, the individual should move during the escort by Prison Service officers at least in handcuffs placed on hands held at the front of the body
The most common situation of preventive use of the above measures by Prison Service officers is the performance of official duties in direct contact with dangerous inmates,[39] who have been classified in this category in connection with an active attack on a public official or another person employed at a penitentiary facility or detention centre.[40]
Summary
In the author’s opinion, if there are no statutory prohibitions[37] on the use of a measure of direct coercion against a person deprived of liberty, in order to prevent escape, the individual should move during the escort by Prison Service officers at least in handcuffs placed on hands held at the front of the body This primarily applies to inmates qualified to serve a sentence of imprisonment in a closed prison, people who are temporarily arrested as well as everyday situations, in which Prison Service officers move with the inmates on the premises of civilian health care facilities in order to provide health services.
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