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Research Unit for Executive Criminal Law and Criminal Policy Information

Activities of the independent Research Unit for Executive Criminal Law and Criminal Policy

An overview of external cooperation and the directions of empirical research carried out at the Unit.

External cooperation

Institute of Forensic Psychiatry

Prof. Janusz Heitzman

Preventive measures applied under criminal and civil law.

From the Unit: M. Płatek, A. Gutkowska

„Po drugie" Foundation

Agnieszka Sikora

Criminal and social policy toward young people at risk of marginalisation.

From the Unit: M. Dziewanowska, M. Płatek

„Niebieska Linia" Association

Grzegorz Wrona, PhD, attorney-at-law

Eliminating and preventing violence, in particular against women and children.

Research activities

I

Empirical research in penitentiary and post-penitentiary institutions

In 2019 the Unit prepared an application to the Grieg programme (Norwegian Funds) for a comparative study of preventive measures in Norway and Poland (no. DEC-2019/34/H/HS5/00719). The application did not receive funding; work continues on a smaller scale, without the comparative component.

Members of the Unit highlight fundamental legal defects in the operation of the KOZZD Preventive Centre in Gostynin (Act of 22 November 2013, Dz. U. 2014, item 24; Constitutional Tribunal judgment of 23 November 2016, case no. K 6/14). The way the Act is executed is not constitutional – persons are held in KOZZD unlawfully, in particular:

  • despite the measure being lifted by the Supreme Court;
  • under civil-procedure interim measures, contrary to Supreme Court case-law;
  • in a Regional Centre, on the basis of a Ministry of Health regulation issued in breach of the Act;
  • above the statutory cap (max. 60; in May 2021 – 93 detainees);
  • in single rooms reclassified as „living halls", on bunk beds housing 8–10 persons;
  • without the number of specialists required by the KOZZD Act;
  • disregarding ECtHR case-law (Rooman v. Belgium, no. 18052/11).

As a result of the Unit's work and contacts with the Ombudsman, the Senate Human Rights Committee, the Ministry of Health and KOZZD itself, the regulation on the Regional Centre was amended and admissions to KOZZD suspended. Agnieszka Gutkowska, PhD, additionally contributes research on non-custodial supervision as part of her habilitation.

The Unit participates – through conferences, presentations and expert opinions for the Sejm – in work on implementing the Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS 210), in force in Poland since 1 August 2015 (Dz. U. of 8 July 2015, item 961). It focuses on two aspects: the offence of rape and the regulation of violence against women and in the family.

It also impacts the situation of young people at risk of marginalisation by combining research with legal aid – this work is led primarily by Małgorzata Dziewanowska, PhD.

II

Non-custodial penalties and analysis of trends in criminal, penal and penitentiary policy

The Unit is preparing research on the practice of handling rape and domestic-violence offences at the preparatory-proceedings stage. The research is conducted by Grzegorz Wrona, PhD under the supervision of Monika Płatek, PhD, DSc, Associate Professor UW.

The experience gathered through the Unit's work significantly broadens the offering for academic curricula and doctoral studies.

Research project

Academic year 2023–2024

Liability of a notary for breach of the obligation set out in art. 86 of the Notaries Act – a criminological perspective

Under art. 86 of the Notaries Act, a notary may not perform a notarial act if he or she has doubts as to the party's legal capacity. The aim of the provision is to protect not only the parties, but also other participants in legal transactions from invalid legal acts.

A proper assessment of a participant's capacity can prove problematic in practice, as shown by criminal proceedings against notaries under art. 231 of the Criminal Code for failing to refuse to perform an act.

The project aims to delineate the scope of the notary's liability and to attempt to establish standards for assessing a participant's capacity, so as to maximise the security of legal transactions. It includes an analysis of the case-law on the application of art. 86 together with case studies taking into account both criminological and civil-law criteria.

The results will be presented in a monograph and separate academic publications. The project is carried out by Aneta Wilkowska-Płóciennik, notary, PhD in cooperation with the Chair of Criminology headed by Monika Płatek, PhD, DSc, Associate Professor UW, within the independent Research Unit for Executive Criminal Law and Criminal Policy.