GROUNDS FOR ENDING A POSTPONEMENT IN THE EXECUTION OF A CUSTODIAL SENTENCE

Abstract

One of the few exceptions to the principle of the immediate execution of a penalty, expressed in Article 9 § 1 of the Executive Penal Code, is the institution of its deferral. The conditions of its application are specifi ed in the provisions of Article 150 and Article 151 of the Executive Penal Code. Postponement of a custodial sentence is not absolute, because the occurrence of certain factual or legal conditions during its duration may result in its termination. The subject of the article is to analyse the grounds for ending the postponement of a custodial sentence, with particular emphasis on the institution of appealing the postponement, and modifi cation of the decision pursuant to Article 24 of the Executive Penal Code. The study uses the method of dogmatic analysis, emphasizing, albeit with diff erent intensity, elements such as: description and systematization of legal norms, their interpretation as well as establishing and defi ning concepts. In the opinion of the author, the issue of the grounds for ending a postponement of a custodial sentence is, on the one hand, an attractive area of scientifi c research from a theoretical perspective. On the other hand, it is an important problem faced in the practice of judicial authorities. It is also a subject to which science seems to devote too little attention. Such a state of aff airs undoubtedly determines the need for scientific of the subject under consideration. Its results allow for the conclusion that the current legal regulation requires correction, the direction of which, by indicating the proposed changes to the applicable regulations, is presented by the author in this study.

Keywords

• Article 24 of the Executive Penal Code
• cancellation of the postponement of a custodial sentence
• legal order
• convicted person
• precautionary measures
• temporary arrest