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Title:

Individualization and the system in penitentiary proceedings in the light of the Executive Penal Code

ORCID:

0000-0003-2165-6263

Subject and Keywords:

individualization   system   punishment   implementation of a sentence   penal institution   executive penal code

Abstract:

The article is devoted to the principle of penitentiary proceedings for individuals during the implementation of imprisonment and its coherence with executive systems. The author analyzes both the concept and the content of this principle. She also discusses how it is articulated in the Executive Penal Code. As a result, the article states that this is institutional individualization. In this context, it considers how individualization is consistent with standardized systems of implementation for punishment. It draws atten-tion to various system definitions in Polish penitentiary literature. It estimates that only the system of “programmed impact” creates full conditions for combining (in practice) the level of the system with the level of the individual, i.e. a particular convict. Finally, it states that the title of Section 3 of the Criminal Code is formulated incorrectly, because it can be read that it is about the individualization of punishment, and not about dealing with the convict. This makes it quite difficult to unequivocally assess the way in which solutions aimed at implementing the principle of individualization of imprisonment in prisons are implemented.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2019

Date copyrighted:

2019

Identifier:

ISSN 2084-5065   ISSN 0239-6661

DOI:

10.19195/2084-5065.54.10

Language:

pol   eng

Relation:

Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 54, 2019, s. 223-238

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg