Open AccessPOSTPONEMENT OF CUSTODIAL SENTENCE EXECUTION IN COURT STATISTICSs
Author(s) -
Jarosław Tekliński
Publication year - 2021
Publication title -
probacja
Language(s) - English
Resource type - Journals
eISSN - 2719-311X
pISSN - 1689-6122
DOI - 10.5604/01.3001.0014.7907
Subject(s) - postponement , sentence , jurisdiction , prison , law , population , order (exchange) , enforcement , christian ministry , business , political science , psychology , computer science , sociology , finance , artificial intelligence , marketing , demography
Postponement of the custodial sentence execution is one of few derogations from the rule of immediate sentence execution, defined in art. 9 § 1 of the Penal Enforcement Code. Its application results in a situation when some of the convicted remain outside the penitentiary system in the period defined by the court in the postponement order. Because of that fact, this institution at least periodically influences the size of the prison population.This article analyses the application of postponement of the custodial sentence execution based on statistical data and its impact on shaping the domestic prison population.The research material comprised statistical data, included in MS-S10 reports on executing orders according to material jurisdiction for the period 2012-2018 (concerning district and regional courts), made available by the Managing Statistical Information Division of the Strategy and European Funds Department within the Ministry of Justice. The data were presented in charts made by the author.The dissertation is opened with the analysis of the data, which concern passing the custodial sentence. It also includes modal forms such as substitutive custodial sentences instead of unpaid fines and unserved custodial sentences, as well as orders to serve suspended custodial sentences and orders to cancel parole. All the above prepare the ground for the central dissertation issues, i.e., the policy that applies the postponement of the custodial sentence execution by district and regional courts and the significance of the postponement mentioned above among other reasons for not putting the convicted in penitentiaries.Having done the preliminary research of available statistical data, the author concludes that, compared to other reasons for not putting the convicted in prisons, the role of the postponement of the custodial sentence execution in shaping the prison population is decreasing. This phenomenon should be perceived as an unfavourable one in principle. The author explains the view in the final remarks.