NEW TYPE OF SANCTION IN POLAND - THE NON-CUSTODIAL CURTAILMENT OF LIBERTY

• NCJ Number: 54762
• Journal: International Journal of Offender Therapy and Comparative Criminology Volume: 20 Issue: 1 Dated: (1976) Pages: 65-70
• Author(s): E ZIELINSKA
• Date Published: 1976
• Length: 6 pages
• Corporate Author: Assoc for Psychiatric Treatment of Offenders
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE CONDITIONS AND INITIAL IMPLEMENTATION OF A WORK ORDER SANCTION IN POLAND KNOWN AS NONCUSTODIAL CURTAILMENT OF LIBERTY ARE DESCRIBED.

Abstract

NONCUSTODIAL CURTAILMENT WAS INTRODUCED IN 1969 AS PART OF AN EFFORT TO REDUCE THE IMPOSITION OF SHORT PRISON SENTENCES FOR PETTY OFFENSES. THE SANCTION HAS THREE FORMS: AN OBLIGATION TO PERFORM 20 TO 50 HOURS OF UNPAID WORK FOR THE COMMUNITY EACH MONTH; FOR PERSONS WORKING IN STATE-OWNED FACTORIES, THE FORFEITURE OF 10 TO 25 PERCENT OF THEIR WAGES TO THE STATE OR TO SOME COURT-SPECIFIED SOCIAL CAUSE; OR, FOR UNEMPLOYED PERSONS, PERFORMANCE OF WORK IN A STATE FACTORY. OFFENDERS WHO RECEIVE THE SANCTION MAY NOT CHANGE THEIR PLACE OF WORK WITHOUT THE COURT'S PERMISSION, MAY NOT HOLD OFFICE IN SOCIAL ORGANIZATIONS, AND MUST REPORT REGULARLY TO THE COURT. THE COURT MAY ALSO REQUIRE OFFENDERS TO MAKE RESTITUTION FOR DAMAGES AND TO APOLOGIZE TO THEIR VICTIMS. NONCUSTODIAL CURTAILMENT MAY BE IMPOSED FOR A PERIOD OF 3 MONTHS TO 2 YEARS AND IS AN ALTERNATIVE SANCTION FOR 45 TYPES OF OFFENSES (ABOUT 20 PERCENT OF ALL OFFENSES LISTED IN THE POLISH PENAL CODE). SURVEYS HAVE FOUND THAT BOTH OFFENDERS AND JUDGES REGARD NONCUSTODIAL CURTAILMENT AS A SEVERE PUNISHMENT. THE SANCTION HAS BEEN USED PRIMARILY TO PUNISH PETTY PROPERTY OFFENSES AND HAS BEEN IMPOSED UNEVENLY, ACCOUNTING FOR 5.5 PERCENT OF ALL SANCTIONS IN 1970, 8.1 PERCENT IN 1971, 4.3 PERCENT IN 1972, AND 6.7 PERCENT IN 1973. JUDGES APPARENTLY REGARD THE SANCTION AS PREFERABLE TO UNCONDITIONAL SHORT-TERM PRISON SENTENCES AND AS A SUBSTITUTE FOR FINES IN CASES IN WHICH THE DEFENDANT'S FINANCIAL SITUATION WOULD BE JEOPARDIZED BY A FINE. THE PROPRIETY OF THE LATTER VIEW IS QUESTIONED. IT IS PREDICTED THAT IN TIME NONCUSTODIAL CURTAILMENT WILL BECOME AN IMPORTANT MEANS OF COPING WITH PETTY OFFENSES IN POLAND. DETAILS OF THE ADMINISTRATION OF THE SANCTION, SUPPORTING DATA, AND A LIST OF REFERENCES ARE PROVIDED. (LKM)