Niewykonanie kary ograniczenia wolności a zastępcza kara pozbawienia wolności
Failure to Serve the Sentence of Restriction of Liberty and Substitutive Imprisonment

Summary/Abstract: The article refers to the final stage of execution of the sentence of restriction of liberty in the event the convicted offender does not serve the sentence and is subject to a substitute sentence of imprisonment. It analyses and evaluates the ending of the proceedings in the field of restriction of liberty as a result of the judgment and execution of a substitute sentence due to failure of the convicted offender to serve the sentence of restriction of liberty. In particular, as the most far-reaching alternative, it discusses a legally admissible solution for modifying the sentence imposed originally on a specific offender and changing its duration in the final judgement. Finally, it analyses and evaluates the current state of the law, highlighting its shortcomings and doubts in practical terms, relating them to the powers exercised by the court and the parties to the enforcement proceedings.

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