Ratio legis uchylenia art. 152 ustawy z dnia 6 czerwca 1997 r. – Kodeks karny wykonawczy Ratio Legis for Repealing Article 152 of the Act of 6 June 1997 – the Penal Enforcement Code

Abstract

On 5 October 2019, Article 152 of the Act of 6 June 1997 – the Penal Enforcement Code which provided for the possibility of a conditional suspension of enforcement of the imprisonment sentence at the stage of enforcement proceedings, was repealed. The analysis of the legislative process leads to the conclusion that the repeal of the provision has no justification in the draft amendment act. The institution provided in Article 152 provided for a potential award of a very severe penalty going much further than conditional early release from the remainder of the sentence, modification of the conviction in the enforcement proceedings, leading, upon the occurrence of certain premises, to change of an unconditional custodial sentence into a custodial sentence with a conditional suspension of its enforcement. This article is an attempt to determine the purpose of the amendment, the motives behind the legislators’ decision, as well as to assess the changes. Key words: enforcement proceedings, conditional suspension of a sentence, sentence enforcement postponement, enforcement proceedings suspension, electronic tagging