Zaostrzenie przesłanek formalnych warunkowego zwolnienia z kary pozbawienia wolności (de lege lata i de lege ferenda)
Tightening of the Formal Requirements for Conditional Release from Serving the Remainder of a Prison Sentence (De Lege Lata and De Lege Ferenda)

Summary/Abstract: The tightening of the formal requirements for conditional release from serving the remainder of a sentence constitutes a serious intertemporal and criminological problem. The legislature's extension of the time limit allowing a finally convicted person to file a motion for conditional release from serving the remainder of a sentence violates numerous constitutional principles. The right to file such a motion is a subjective right of the convicted person, since already at the moment the judgment becomes final, the convicted person knows the date on which they will be able to file the relevant motion. This entitlement is one of many rights of the convicted person that constitute the content of a criminal penalty. Consequently, the retroactive modification of the time limits contained in Article 78 of the Criminal Code with respect to persons already finally convicted is inadmissible in light of intertemporal norms and constitutes an unjustified interference with final court decisions.

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