Wykonywanie kary pozbawienia wolności w systemie terapeutycznym wobec skazanych uzależnionych od alkoholu
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The subject of the present dissertation is the analysis of the pertinent act of law as well as the practice of implementation of a therapeutic regime as a valuable instrument deployed as part of the criminal policy of the State, serving to satisfy the principle of personalisation, whereas the regime itself is conceived of as a significant form of personalisation of the institutional execution of custodial sentence. Chapter 1 explores selected psychological, sociological and biological aspects and considerations of the phenomenon of the harmful use and abuse of a psychoactive substance in the form of alcohol. Chapter 2 of the dissertation addresses the origin of, the reasons behind and the possibility of execution of custodial sentence under a therapeutic regime. Furthermore, statistical data is presented as regards persons convicted and penalised, categorised by classification groups and the kind of custodial sentence regime in Poland in the period 2001-2013, who served custodial sentence in all varieties of penitentiary institutions. Chapter 3 discusses the legal basis of the enforcement of custodial sentence under a therapeutic regime as well as the objective guiding its execution in the light of the provisions of Article 67 of the Executive Criminal Code in consideration of the European Prison Rules of 11 January 2006. The chapter provides an account of the process of personalised rehabilitation programme, customised for individual convicts. Chapter 4 is devoted to the analysis of the provisions that permit the implementation of a therapeutic treatment as part of executive criminal proceedings, despite the absence of the informed consent of the convict. The process of the referral of convicts addicted to alcohol to undergo a therapeutic regime is discussed in Chapter 5 of the dissertation. The Chapter contains the analysis of the legal regulations governing the institutions of classification, personal background surveys, psychological as well as psychiatric tests, and the evaluation, progress and verification thereof in the process of designing individual rehabilitation programmes. The issue closing Chapter 5 is the institution of the appeal of the convict against the decision of the penitentiary commission. The last part of the dissertation, Chapter 6, characterizes the group of convicts addicted to alcohol who have been subject to therapeutic regime in the course of the execution of custodial sentence. The issues under investigation in the present dissertation have been presented in consideration of the doctrine of law as well as the jurisdiction of the Court of Appeals, the Supreme Court as well as the Constitutional Tribunal. The conclusions of the present dissertation cover self-developed observations, implications and potential suggestions for the improvement of the regime designed for the respective group of persons addicted to alcohol. The doctoral dissertation reflects the legal status as of 31.12.2014.