Kapelan więzienny: osoba godna zaufania czy wykonująca zawód zaufania publicznego? Rozważania na tle wykonawstwa kary

Abstract

The prison chaplain is an institution unknown to the provisions of the Executive Penal Code but it does appear in implementing rules issued on the basis of this act. It should also be noted that prison chaplains may be appointed by convicts as their representatives who are persons worthy of public trust (Art. 42(1)). On the other hand, legal scholars and commentators and also decisions of courts, especially of the Constitutional Tribunal, do not treat prison chaplains as persons of public trust. In addition, this subject matter may also accommodate persons who are not clergymen; this applies in particular to those religious associations in which the religious doctrine does not stipulate clerics. It also worth emphasizing that prison chaplains who are clergymen de facto perform a profession of public trust, although they do not meet all requirements of this category of persons. However, this does not change the fact that the public may participate in the execution of a solitary confinement sentence and in the implementation of social re-adaptation tasks by representatives of churches and other religious associations with unregulated legal status, even when they are treated only as trustworthy persons. The aim of this study is to answer the question asked in the title by taking into account provisions of state law and also internal law of religious associations. The problem carries exploratory value and also implies consequences for the practice of applying the law.

Keywords

• prison chaplain
• trustworthy person
• profession of public trust