Wybrane zagadnienia praktyki stosowania przerwy i odroczenia wykonania kary

Abstract

Selected issues of the practice of interruption and postponement of the execution of a sentence This article focuses on selected issues in the practice of parole, postponed execution of sentences and the challenges arising from their implementation. It attempts to analyse the institution of a conditional early release from the remainder of a prison sentence under Article 155 of the Polish Executive Penal Code, which introduces a probationary element into the process of granting parole. It addresses the aspects that are most difficult to interpret. In the context of postponed executions of sentences, the article draws attention to the problem of competition with the electronic monitoring system. Furthermore, the article discusses the provisions of Article 9 § 4 of the Polish Executive Penal Code in light of amendments effective on January 1, 2023. The study also looks at a topic rarely discussed in the literature, namely the gap in the scope of parole and postponement during the implementation of security measures. The analysis examines the current regulations in the context of the aims and nature of psychiatric detention, parole and deferred sentences. The article concludes by proposing a direction for interpreting the current legislation and makes de lege lata and de lege ferenda suggestions.