ABSTRACT

Poland has experienced fundamental changes in its criminal justice system since 1989, the year in which democracy and the rule of law, as well as the market economy, were restored. The amendments to the legal provisions on prison labour in Poland, as well as the new Code on the Execution of Penalties (CEP) of 1997, have been influenced by academic writings on labour law theory and criminal law theory. Prisoners should receive special treatment under the international human rights law pertaining to employment. The CEP of 1997, as well as the Prison Labour Act of 1998 state that the convicted prisoner has a duty to work. The provisions of the new CEP of 1997 in respect of the compensation for work by prisoners are similar to the provisions of the CEP of 1969. Involuntary work has been the essential element of the penalty of imprisonment for a long time.