They brought her to her son's funeral in handcuffs. A famous lawyer on the rights of convicted mothers

Magdalena W., a 22-year-old resident of Warsaw, was detained by the police in mid-May to serve her prison sentence. Initially, the media reported that it was about outstanding fines, but the Prison Service quickly corrected these reports, explaining that the woman had been convicted of fraud . As it turns out, according to the report by "Interwencja", her children - three-year-old Lenka and four-month-old Oskar - were not placed in the care of any family member, but were sent to two different foster families. But that was not the end of it.

A few days after four-month-old Oskar was taken to his new guardians, tragedy struck — the boy died. An investigation to determine the causes and circumstances of his death is underway. A picture from the child's funeral caused a deep stir in public opinion — Magdalena W. was brought to the ceremony from the jail, in a green prison uniform, with handcuffs on her hands and feet . Armed guards did not leave her side for a moment.

"She couldn't even wipe her tears," her friend said on the "Interwencja" program.

On Saturday, June 21, the Prison Service issued a statement indicating that the decision to apply such precautions "was of a protective and preventive nature," because during Magdalena W.'s stay behind bars, "information was obtained that resulted in a negative criminological and social prognosis." Officers were also said to be afraid that the woman would meet her partner, who is wanted by the police, at the child's grave. In other words, they were afraid of difficult-to-control situations at little Oskar's funeral. As indicated in the Prison Service's announcement, it was assumed that the police would arrest Magdalena W.'s partner during the ceremony.

— emphasized in the press release.

However, some experts publicly expressed doubts about the validity of the precautions taken. Former head of the Prison Service Paweł Moczydłowski emphasized in an interview with "Fakt" that he did not have full knowledge of the circumstances of the decision to handcuff Magdalena W. at her son's funeral. However, he emphasized that the sight of the woman provoked his objection. "There is probably no reason for a woman to be handcuffed and dressed in a prison uniform at her own child's funeral. Two guards could have provided adequate protection without such measures. It was compromising theater!" Paweł Moczydłowski, a well-known criminologist and colonel of the Prison Service, told "Fakt."

Piotr Kaszewiak, a well-known attorney from Łódź, also has serious doubts about the necessity of applying such rigorous measures in this situation. As he explains in an interview with "Fakt", according to the regulations, a convict who suffers a family tragedy may leave the prison for up to five days with the consent of the management.

— It is assumed that the basic method of executing permission to leave prison should be the independent stay of the convict outside the prison — explains the attorney and adds: — Sometimes, the assistance of a trustworthy person is sufficient.

Escorting by the prison service — additionally in handcuffs and prison clothing — is the most rigorous of the forms. — The decision regarding the form of leaving the prison should correspond to the principles of humane treatment of convicts and respect for their dignity — emphasizes attorney Piotr Kaszewiak in an interview with "Fakt".

As she points out, women usually serve their sentences in semi-open facilities anyway, i.e. those considered to be more lenient.

History knows of cases where women gave birth to children in prisons. In the case of convicts who go to prison after giving birth, is there a chance that they could take care of them there? Was there a chance that Magdalena W. could take care of her son while serving her sentence?

— Parents sentenced to imprisonment may apply for a postponement of the execution of the sentence if immediate execution of the sentence would entail too severe consequences for the convicted person or his family — indicates attorney Kaszewiak. He adds that in the case of pregnant women and single parents, the court may postpone the execution of the sentence for up to three years after the birth of the child.

— If the court does not grant such a request, mothers sentenced to prison are allowed to exercise direct care of their children. For this purpose, mother and child homes are organized at prisons — he adds.

To take advantage of this opportunity, a woman must submit a formal application to the director of the prison, along with a copy of the child's birth certificate. There is, however, one condition: the child cannot be older than three years.

After filing such an application, the mother undergoes a psychological examination, prepares a medical opinion and notifies the guardianship court about the filing of the application. It is the court that decides whether the child can be placed in a prison mother and child home.

— An obstacle to taking into account the application may be (on the part of the mother or child) educational or health reasons, which, confirmed by the opinion of a psychologist or doctor, speak against such a solution. An example may be, for example, the child's illness requiring constant treatment outside the penitentiary unit or the illness of the mother herself, e.g. addiction, mental health problems — our interlocutor enumerates.

In order for a child to stay with its mother, who is serving a prison sentence, the consent of the child's father is usually required. If he does not want to or cannot give it, the decision rests with the guardianship court. "If a woman receives an unfavourable decision for herself, she has the right to appeal to the penitentiary court," sums up attorney Piotr Kaszewiak.

(Source: Polsat's "Interwencja", Fakt.pl)

Read also: The plane sent an SOS and disappeared. The services stopped the rescue operation

The case of Magdalena W. from Warsaw and her tragically deceased son Oskar aroused a lot of emotions in public opinion.

Four-month-old Oskar died a few days after being placed in the care of a foster family. An investigation into the causes and circumstances of his death is ongoing.