Legal nature of obligations and measuresused in connection with probation measures

Abstract

The doctrine and jurisprudence did not work out a uniform position on the legal nature of the obligations and measures used in connection with probation measures. The discrepancies concern, in particular, the legal nature of the obligation to repair damage, the punitive damages, the pecuniary payment and the prohibition from operating vehicles. Determining the legal nature of these measures, meanwhile, is of great practical importance. It has influence, among others, on the premises for their adjudication, their content or the legal consequences of their non-performance. This study is the first holistic analysis of this issue. The author presents his own position, extensively referring to the literature and jurisprudence.

Keywords

• probation measures
• probation obligations
• obligation to repair damage
• punitive damages
• pecuniary payment
• prohibition from operating vehicles