Means of terminating the penalty of restriction of liberty:
Does the adopted model support execution of the penalty
in the form originally imposed? Cover Image

Sposoby zakończenia kary ograniczenia wolności. Czy przyjęty model sprzyja wykonaniu kary w pierwotnej formie?
Means of terminating the penalty of restriction of liberty: Does the adopted model support execution of the penalty in the form originally imposed?

Author(s): Krzysztof Stasiak, Rafał Momot
Subject(s): Criminal Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: restriction of liberty sentence; Executive Penal Code; probation officer; court; ways to end a restriction of liberty sentence;

Summary/Abstract: The present paper discusses means of terminating non-custodial sentences. It high-lights that over 30% of sentences are concluded by imposing a substitute sentence. Asa result, approximately 10% of convicted persons are serving prison terms due to failureto execute non-custodial penalties. The article points out that the overly rigid enforcementof this penalty is one of the major factors that contribute to the failure of its executionin the form originally imposed. Furthermore, the mechanism allowing for the release ofthe convicted person from the remainder of their sentence and its recognition as served(under Article 83 of the Polish Penal Code) is underutilised. This paper proposes solu-tions that could contribute a broader application of this legal instrument.

  • Issue Year: 2024
  • Issue No: 72
  • Page Range: 103-122
  • Page Count: 20
  • Language: Polish
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