The grounds for a mandatory postponement of the execution of the penalty of deprivation of liberty Cover Image

Podstawy obligatoryjnego odroczenia wykonania kary pozbawienia wolności
The grounds for a mandatory postponement of the execution of the penalty of deprivation of liberty

Author(s): Jarosław Tekliński
Subject(s): Law, Constitution, Jurisprudence
Published by: Instytut Nauk Prawnych PAN
Keywords: mental illness; severe illness; postponment of the execution of a prison sentence; executive criminal law; person sentenced; Prison Service; mental disorder; mental health

Summary/Abstract: One of the basic principles of executive criminal law is the principle of immediate enforcement proceedings (art. 9 § 1 k.k.w.). Immediate enforcement of the verdict, especially the one which provides for the absolute penalty of imprisonment, is for the implementation of the principle of humanity and respect for the human dignity of the convicted person (art. 4 § 1 k.w.w.). Postponement of the execution of a sentence is one of the few exceptions to the rule expressed in art. 9 § 1 k.k.w., however, considering its exceptional character, provisions stating the statutory conditions for its application are not subject to an extended interpretation. This is due to the fact that postponing the execution of a penalty without serious grounds violates both the aforementioned principle of immediate enforcement of the sentence and the constitutional principle of trial without unreasonable delay (article 45 section 1 of the Constitution of the Republic of Poland) or consideration of the case within a reasonable period (article 6 section1 of the Convention for the Protection of Human Rights and Fundamental Freedoms). This article is an attempt to look at the issue of material basis for obligatory postponement of imprisonment. The analysis of the current legal order, carried out through the prism of assessing both case-law and doctrinal views, leads the author to the conclusion that the current regulation is flawed and de lege ferenda requires urgent changes in the direction proposed by him.

  • Issue Year: 216/2018
  • Issue No: 4
  • Page Range: 165-202
  • Page Count: 38
  • Language: Polish
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