On the issue of applying electronic supervision to a convict as a form of imprisonment

Abstract

The author discusses the conditions for adjudication of electronic supervision by the penitentiary Court in the performance of the penalty of imprisonment. The legal analysis of chosen requirements for the penalty of the electronic supervision system was made.

Analysis of applicable regulations regarding the use of electronic supervision has led to the following conclusions.

The current shape of the electronic supervision as a non-custodial form of execution of the penalty of deprivation of liberty outside the penitentiary facility, allows the penitentiary court to apply it more broadly than in the case of the benefit of conditional suspension of the execution of this penalty.

In the context of the threshold condition for granting consent to the execution of a sentence under the electronic supervision system for a penalty of imprisonment not exceeding one year and 6 months, it should be considered that it is not met when the penalty imposed in the conviction exceeds this limit has been shortened according to art. 75 § 3a Criminal Code and is currently subject to execution to a lesser extent than specified in art. 43la § 1 point 1 of the Executive Penal Code.

The application of specific provisions of the Executive Penal Code in enforcement criminal proceedings requires a clear indication contained in the Executive Penal Code. Ratio legis of art. 43la Executive Penal Code was the deprivation of the possibility of serving a sentence in this system of convicts who return to crime, and not - incidentally committing a crime of a specific category.