Abstract 22:25-53

Przesławski, Tomasz (2013) Judicial Proceedings in Cases for Awarding Damages (Compensation) for Irregularities in the Execution of the Penalty of Imprisonment (Preliminary Detention). „Profilaktyka Społeczna i Resocjalizacja” 22: 25-53.

 

Abstract:

The paper discusses the question of liability for damages suffered in penal institutions (remand centers). It presents the interpretation of legal premises for the said liability as stemming from court decisions, as well as the social effects of such liability, i.e. financial burden for the State Treasury in case of judicial decisions to award damages (compensation).We discuss in detail actual causes for claiming such compensation and their legal qualification. The analysis covers civil lawsuits concerning the stay in the penal institution (remand center) as well as non-property claims for non-property prejudice (infringement of personal rights). Moreover, we describe claims for compensation for property damage caused to the name and to person as a result of the conduct of officers (staff) of the Prison Service. We suggest that the penitentiary policy should be reoriented to foster the organization of the Prison Service in order to eliminate effective claims enforcement by detainees at penal institutions (remand centers), i.e. to make their claims groundless.

 

Keywords:

cases for awarding damages, causes of compensation claims raised by prisoners, compensation for the damage caused to the prisoner’s name and person, penitentiary policy