ZNACZENIE SŁUŻBY WIĘZIENNEJ W OSIĄGANIU EFEKTYWNOŚCI SYSTEMU DOZORU ELEKTRONICZNEGO
THE IMPORTANCE OF THE PRISON SERVICE IN ACHIEVING THE EFFICIENCY OF THE ELECTRONING MONITORING SYSTEM

Summary/Abstract: The aim of the article is to present the factors influencing the effectiveness of the electronic monitoring system used by the Prison Service officers. The analysis of the title electronic monitoring system from the point of view of its effectiveness, in accordance with the findings made for the purposes of this article, will be carried out starting from indicating the tasks of the Prison Service in the applicable Prison Service Act in the scope of the issues addressed, through the presentation of methods of measuring effectiveness, these factors, to the doctrinal and jurisprudence analysis factors influencing the effectiveness of the electronic monitoring system. The indicated factors are understood as any activity of the authorities of the proceedings regarding the application of the examined institution, having an impact on the effectiveness of the electronic monitoring system. The jurisprudence analysis will cover the jurisprudence of the Supreme Court and common courts. The factors in question include the postponement of the execution of the penalty with the use of electronic monitoring; issuance of a decision on the commencement of electronic monitoring after obtaining information from the supervising entity that it is possible to immediately commence the execution of the penalty, the execution of a substitute penalty of deprivation of liberty against the convict against whom a substitute penalty of deprivation of liberty was adjudicated for a crime or a fiscal offense or a penalty of deprivation of liberty adjudicated in the conditions referred to in referred to in Art. 37b or in art. 87§2 of the Penal Code (hereinafter referred to as the Criminal Code) on the basis of the appropriate application of the provisions; the advisability of granting permission to serve a sentence in the electronic monitoring system indicated at the penitentiary court session; determining the technical conditions before issuing a decision on granting a convict permission to serve a sentence of imprisonment in the electronic monitoring system; the content and delivery of the decision on granting the convict permission to serve the penalty of imprisonment in the electronic monitoring system and complaints, among others the director of the prison on this decision; the shape of the decision of the penitentiary commission on serving the sentence of imprisonment by the convict under the electronic supervision system and complaints against this decision; issuing a decision on granting conditional early release to a convict serving a prison sentence in this system; failure by the convicted person to notify the supervising entity of readiness to install technical means; violation of the legal order by the convict, in particular in a situation in which he has committed a crime or a fiscal offense or evades performing the obligations related to electronic supervision or other imposed obligations, the adjudicated penal measure, compensation measure or forfeiture; issuance of a decision on the cancellation of a break in the execution of a penalty of imprisonment in the electronic monitoring system for a reason other than the cessation of the reason for which the break was granted; the convicted person during the execution of the penalty of imprisonment in the electronic monitoring system was placed in a penal institution in connection with the application of temporary detention or the execution of a penalty in another case; the penitentiary court may revoke the permit for the convict to serve the penalty of imprisonment in the electronic monitoring system, if the convict using this permit has not returned to a specific place within the specified time. The above list of factors influencing the effectiveness of the electronic monitoring system has been recognized by the author of this article as significant in the daily work of the Prison Service. This article uses the method of analyzing legal acts concerning the subject matter, analyzing the literature on the subject and analyzing the jurisprudence of the Supreme Court and common courts. The value of the issues raised in this article is the identification and presentation of the factors of the effectiveness of the electronic monitoring system and, consequently, drawing attention to the direction of all activities of the Prison Service to ensure the effectiveness of the electronic monitoring system.

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