The regulation of the way of addressing and serving correspondence in the case of persons deprived of liberty SK 44/19
The regulation of the way of addressing and serving correspondence in the case of persons deprived of liberty
DECISION
of 10 September 2020
Ref. No. SK 44/19
The Constitutional Tribunal, composed of:
Leon Kieres – Presiding Judge
Justyn Piskorski – Judge Rapporteur
Julia Przyłębska
Michał Warciński
Jarosław Wyrembak,
having considered, at a sitting in camera on 10 September 2020, the constitutional complaint of S.N., which was lodged with the Constitutional Tribunal for it to consider the conformity of:
§ 19(1) of the Regulation of 25 August 2003 issued by the Minister of Justice with regard to the rules of procedure for executing the penalty of the deprivation of liberty (Journal of Laws – Dz. U. No. 152, item 1493), in conjunction with Article 134(2) of the Criminal Procedure Code of 6 June 1997 (Journal of Laws – Dz. U. No. 89, item 555, as amended) – insofar as the legislator has not provided for the legislative regulation of the way of addressing, and consequently serving, official letters in the case of persons deprived of liberty so that the letters can be received directly by the convicted addressees in the circumstances set out in Article 8a(2) and (3) of the Executive Penal Code of 6 June 1997 (Journal of Laws – Dz. U. of 2017, item 665) – with Article 2, Article 32(1) and (2), Article 41(4), Article 47, and Article 49 of the Constitution,
d e c i d e s:
to discontinue the proceedings.
The ruling was unanimous.
Leon Kieres
Justyn Piskorski
Julia Przyłębska
Michał Warciński
Jarosław Wyrembak