Open AccessProbation officer suspended in executive proceedings
Author(s) -
Anna Janus-Dębska,
Rafał Skręt
Publication year - 2019
Publication title -
polish journal of social rehabilitation/resocjalizacja polska
Language(s) - English
Resource type - Journals
eISSN - 2392-2656
pISSN - 2081-3767
DOI - 10.22432/pjsr.2019.17.12
Subject(s) - officer , obligation , principle of legality , political science , legislature , chief executive officer , law , law enforcement , enforcement , service (business) , psychology , business , management , economics , marketing
As a result of legislative changes, from January 1, 2010, cases in which probation teams of the judicial service executing decisions in criminal matters are referred to cases in which enforcement proceedings have been suspended pursuant to art. 15 § 2 of the Executive Penal Code. Despite the lapse of 10 years from the introduction of the obligation for probation officers to perform control activities in such cases, doubts are still raised as to the role and tasks of probation officers resting in the course of executive proceedings that have been suspended and have not been performed for some time. In the course of such suspended proceedings, does the professional probation officers still retain all the qualities associated with his status as an executive authority? The purpose of this study is to present the role of a probation officer as a authority of executive proceedings in a situation where, despite legality and enforceability, the judgment will not be enforced and will not be pending for reasons of a temporary nature and to present de lege ferenda conclusions regarding the regulation of the rights of probation officers in the discussed areas.