24 May 2019

Suspended sentence of imprisonment in enforcement proceedings as an institution of substantive criminal law.

Provided for in Article. 152 CIC possibility of conditional suspension of sentence of imprisonment, the execution of which has already been postponed on the basis of Article. 151 CIC to the maximum provided for in the standard period of time, is despite the inclusion in the Code of Criminal Executive undoubtedly the institution of substantive law, because under this authorization shall substantive modification of legally imposed previously imprisonment without conditional suspension of its execution or conditional suspension of its execution, which then it was ordered because of the negative course of probation.

The same norm contained in § 1 of this article requires use when deciding in this regard to Article 69-75 of the Criminal Code, and thus substantive law. Moreover, it is a specific authorization to be used in exceptional cases in which after the maximum allowable period of deferment still have reasons not to enforce the sentence together with providing substantive circumstances of the adoption of the sentenced positive criminological forecasts. Despite so that a decision in this regard will be issued in the manner provided by the rules of procedural law the executive, it constitutes interference in the content of the previously issued a final judgment on the criminal responsibility for the alleged crime.

The matter under consideration was undoubtedly explained and discussed by the doctrine and case law due to the amendment of Art. 152 CIC under the Act of 20 February 2015. Amending the Act – the Penal Code and some other laws, which entered into force on 07.01.2015. Well, it reduced the maximum term of imprisonment, which may be conditionally suspended after the maximum deferral period from two years to one year. Due to the change indicated founded doubts concerning the possibility of applying to the convicts who have committed before the entry into force of the amendment of the offense for which the sentence penalty of up to two years, substantive standards intertemporal Article. 4 § 1 KK, which requires use in the event of changes in the law between the time of the offense and the point of application of the first rule.

In the case-law (judgment of the Court of Appeal in Gdańsk of 30 December 2015 in case no. 397/15 AKa Act II, decision Katowice Court of Appeal of 11 March 2016 in case no. 202/16 AKzw Act II) and minded representatives of legal science – W. Wrobel “Current problems of intertemporal transitional period after the entry into force of the law of 20 February 2015. amending the Act – the Penal Code and some other laws” (e-Journal of Criminal law and Penal Sciences publication date: July 4 2015 & lt; www.czpk.pl & gt; position in the online edition: 4/2015) was confirmed as the need to use when deciding on the basis of Article. 152 KK standards of 4 § 1 KK, as the decision changing the content of the original judgment wymierzającego imprisonment causes the effects of the material – change in the settlement process.