The evolution of the goals and conditions of the execution of the penalty of deprivation of liberty from the Middle Ages to the present day

Abstract

The functions of prisons in old Poland, their role and organization changed along with the evolution of views on the objectives of the institution of punishment in the system of criminal law. The picture will be completely different if the punishment is to have a main rehabilitation effect, and another when the basic premise of the penal policy is the principle of deterrence, not the moral improvement of the offender (it was in Poland until the 18th century). The penalty of deprivation of liberty could be carried out in five different ways. The choice of prison was primarily determined by the type of crime committed, but also the state of the convict was very important. The first, as early as the 12th-13th centuries are prisons, in which the population of lower states, ie townsmen, and peasants, were imprisoned. Initially, they play only a preventive role. In the Middle Ages, an upper tower was also developed, mainly applied to the nobility, it was an institution in which convicted in decent, even home conditions performed his penance. In the modern era, ie in the first half of the 16th century, a lower tower is being established, often not so much a place of imprisonment, but a place of slow death. Significant changes in the character and function of penitentiary institutions were brought by the 18th century, which was connected with the enlightenment flowing into the Republic of Poland, under which the punishment was also to be a means of improvement and rehabilitation, and not only revenge. The practice of imprisoning people in the tower, which was only a place of penance, deprived of any rehabilitation factors, slowly disappears, while prison comes to the fore. Here, the marshal prison should be pointed out, constituting a symbol of changes taking place, a modern facility in which the convict punished in humane conditions for those times, but above all, he was cared for his moral improvement, so that in the future he would not return to crime. The houses of improvement and forced labor houses started to play an extremely important role, the goal of which was to improve the prisoners through work and prayer.