PWG-Disciplinary Proceedings in Czech Prisons: Between Security and Reintegration

• In Event: PWG-Disciplining Prisoners: Looking for Pathways to Accessing Justice

Abstract

The disciplinary system in prisons operates between two fundamental boundaries: maintaining security and supporting reintegration. Over the years, its development has reflected changes in both penal philosophy and legal oversight. This paper examines the evolution of disciplinary proceedings from the perspective of prisoners’ access to justice.
There has been a noticeable shift from a pedagogical approach to a more formal legal framework, likely in response to judicial review, as the right of convicted persons to judicial review has been gradually strengthened. This transformation raises questions about whether disciplinary measures align with the broader goal of reintegration—particularly given that behaviors not perceived as pathological in free society are sanctioned in prison, potentially reinforcing the harmful effects of incarceration.
A crucial aspect of disciplinary sanctions and rewards is their perceived fairness, as procedural justice plays a key role in compliance. This paper explores how these measures are perceived by prisoners, prison staff, judges, prosecutors, and the Ombudsman, drawing on empirical data. It also highlights the controversial practice of collective punishment, in which entire prison units lose privileges due to individual infractions.
Furthermore, the paper investigates the real-life consequences of disciplinary sanctions, including their impact on parole eligibility, employment opportunities, and financial stability during incarceration. Specific penalties, such as restrictions on contact visits for drug-related offenses, also affect family relationships and overall desistance efforts. Instead of punitive measures, rehabilitation-oriented approaches may offer more effective solutions, particularly for issues such as substance abuse.
Finally, this paper raises the question of whether the current emphasis on control and repression may, in some cases, reinforce the negative effects of incarceration rather than support rehabilitation. A more balanced and pedagogically informed approach could potentially contribute to better reintegration outcomes.

Authors

• Petra Zhrivalova, Institute of Criminology and Social Prevention

• Tereza Raszková, Institute of Criminology and Social Prevention (IKSP)