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Deputy Minister Maria Ejchart visited The Hague

15.05.2024

On May 15, Polish Deputy Minister of Justice Maria Ejchart paid a visit to the Ministry of Justice and Security of the Netherlands in The Hague.

Deputy Minister Maria Ejchart and representatives of the Dutch Ministry of Justice and Security

During the meeting, representatives of the Dutch Ministry of Justice and Security presented the principles of the Dutch prison system. They also shared their experience on the forensic psychiatric care in the Netherlands.

Deputy Minister Maria Ejchart then visited the prison in Rotterdam, where she talked about the principles of the functioning of the local penitentiary system.

Cooperation between Poland and the Netherlands in the transfer of convicted persons is proceeding positively. The transfer of convicts to their country of origin has been recognized as the most important element of resocialization.

The institution of transfer of convicts between the Member States of the European Union has been regulated in Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. December 5, 2011 was the deadline for EU Member States to implement the decision in their national law. Poland, along with 17 other Member States, has fulfilled this obligation, as evidenced by the provisions contained in Chapters 66f and 66g added to the Polish Code of Criminal Procedure.

The institution of transfer of prisoners is based primarily on humanitarian grounds, as its aim is to enable prisoners to return to the country with which they have real and close ties, especially family, social and cultural, in order to serve their sentence of imprisonment there. Undoubtedly, the chances of success of the resocialization process of a convicted person are greater if they are in a country where constant contact with their family is possible, there are no language and cultural barriers, and the convicted person does not experience ill-treatment.

This was indicated by the 1983 Convention on the Transfer of Sentenced Persons and Framework Decision 2008/909/JHA .

The full resocialization of convicts should take place by enabling the convict to serve their sentence in his country of origin. Difficulties arising from the stay of a convicted person in a prison of the sentencing state may negatively affect their behaviour and prevent resocialization.

However, when transferring to the country of origin, the attitude of the convicted person to this decision should be taken into account. Especially when their life is more connected with the sentencing state than with the state to which they are to be transferred.

During the meeting, the issue of non-custodial sentences, as alternatives to imprisonment, was also discussed. In Poland, these are: a fine and a restriction of liberty.

Deputy Minister Maria Ejchart devoted the second part of her visit to talks on the Dutch system of court experts. This issue was discussed during two presentations. In the first, the hosts presented the system of experts from the perspective of administrative and criminal law.

This aspect was discussed by the Chairman of the Council of Judicial Experts and Senior Judge of the Court of Appeal in The Hague, Henk van den Heuvel, and an expert on the administration of justice in the High Administrative Court, Tanja Dompeling.

The second meeting was devoted to the quality assurance system of the Dutch register of court experts. It was attended by, among others, the director of theNetherlands Register of Court Experts, Michel Smithuis. The method of recruitment of court experts in the Dutch system in criminal and civil cases was discussed. The criteria for verifying the qualifications of experts were also indicated, including experience, knowledge of the law of evidence, ethical attitude and the ability to present opinions. Deputy Minister Maria Ejchart pointed out the similarities and differences in the institution of court expert between Dutch and Polish law.

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