The exercise of the right of ownership by convicted persons serving prison sentences SK 27/16
Ref. No. <link s sk-2716 _blank>SK 27/16
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 24 April 2018
The Constitutional Tribunal, composed of:
Grzegorz Jędrejek – Presiding Judge
Piotr Pszczółkowski
Małgorzata Pyziak-Szafnicka
Sławomira Wronkowska-Jaśkiewicz – Judge Rapporteur
Jarosław Wyrembak,
having considered, at a sitting in camera on 24 April 2018 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. item 2072) – a constitutional complaint lodged by Mr D. K. with the Tribunal to consider the conformity of:
Article 126(1) in conjunction with Article 126(10) of the Act of 6 June 1997 – the Executive Penal Code (Journal of Laws – Dz. U. No. 90, item 557, as amended) – insofar as it does not allow a convicted person serving a prison sentence to exercise his/her right of ownership as s/he wishes, i.e. during the period of the prison sentence it does not permit of the use of accumulated funds, including the use of those funds to pay a fine imposed on the convicted person by a district court – to Article 64(1), (2) and (3) of the Constitution,
adjudicates as follows:
Article 126(10) of the Act of 6 June 1997 – the Executive Penal Code (Journal of Laws – Dz. U. of 2018, item 652) – insofar as it does not allow a convicted person to use his/her funds referred to in Article 126(1) of the said Act to pay for a fine if the fine was not substituted with a prison sentence or with detention – is consistent with Article 64(1) in conjunction with Article 64(3) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
pursuant to Article 59(1)(2) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U., item 2072), to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Grzegorz Jędrejek
Piotr Pszczółkowski
Małgorzata Pyziak-Szafnicka
Sławomira Wronkowska-Jaśkiewicz
Jarosław Wyrembak