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Warunkowe zawieszenie wykonania kary po nowelizacji k.k. i k.k.w. — z perspektywy zadań kuratora sądowego

100%
Niewidomska-Krawczyk M.
Nowa kodyfikacja prawa karnego
|
2015
|
vol. 36
123 - 138
PL
This article refers to the changes of regulations in Polish penal law connected with conditional suspension of sentence and execution of such sentence. The paper describes the main problems that may occur during execution of such sentences by probation officers.
2

Contradictio in adiecto? O warunkowym zawieszeniu kar wolnościowych w świetle obowiązującej regulacji i propozycji legislacyjnych

100%
Ornowska A.
Nowa kodyfikacja prawa karnego
|
2014
|
vol. 33
181 - 196
EN
The Polish Criminal Code being currently in force introduced the possibility to conditionally suspend non-isolation penalties, such as fines and community service orders. However, using this innovative penal measure was constantly criticised for providing actual impunity for criminal offenders. Therefore, under proposed amendments to the Code conditional suspension of non-isolation penalties is removed from the criminal regulation. The legislator argues that this probation measure was not used in the criminal law jurisprudence. Moreover, the differences between non-isolation penalties effectively implemented and conditionally suspended are blurred. The paper focuses on a theoretical analysis of whether these legal proposals can be assessed as praiseworthy in a comprehensive view of the criminal justice system. The legal hypothesis is that conditional suspension of non-isolation penalties is a valuable penal tool for low-risk offenders and therefore should not be abolished.
3
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Dodatkowy okres do zarządzenia wykonania kary

51%
Stefańska B.
Ius Novum
|
2019
|
vol. 13
|
issue 1
89-101
EN
The article analyses a legal nature of additional six-month since the end of the operational period foreseen to issue a decision on activating a suspended sentence (Article 75 § 4 CC), the method of calculating this time limit and the moment when the decision on executing the penalty is enforceable. The author considers that this time limit is of substantial nature, as it is regulated in the Criminal Code and it is related with substantial requirements for executing the penalty. To calculate the time limit, the computatio civilis method should be applied, which consists in counting its running on a day-to-day basis (dies a qua) as the beginning of operational period is determined by a final sentence, i.e. the institution regulated in criminal procedure law. The time limit for activating the suspended sentence is valid if in the case of the discretionary sentence activation (Article 75 § 2 and 3 CC) a decision is issued and it is final before the expiry of six months following the end of the operational period (Article 178 § 5 EPC), and in the case of mandatory activation of the sentence, it is sufficient that such decision is issued within the said time limit (Article 9 § 3 EPC).
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