The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Chapter IV
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
If a convicted offender has not been kept under arrest during the court proceedings, the county or city court enforcing the court decision shall send a notice, prepared according to the treatment plan for the convicted offender, setting out by which time and to which prison the convicted offender must report for the service of the sentence (Sect. 414 subs. 1 of CCP).
Pecuniary punishment is enforced by sending the court judgment or ruling to the bailiff (Sect. 417 subs. 1 CCP). If a convicted offender fails to pay the amount of pecuniary punishment imposed on him or her, the bailiff shall ascertain the reasons for such failure (Sect. 417 subs. 4 of CCP). In case the convicted offender deliberately avoids paying the pecuniary punishment and prevents the bailiff from enforcing the sanction he or she commits a new crime (Sect. 329 of CC) and the police or the prosecution service has the duty to initiate criminal proceedings. Pursuant to Sect. 70 subs.1 CC, if the convicted offender fails to pay the amount of the pecuniary punishment imposed on him or her, the court shall substitute the punishment by imprisonment or, with the consent of the convicted offender by a community service order.
Sentence of community service is enforced by sending the court judgment or ruling to the probation supervision department of the residence of the convicted offender (Sect. 419 subs. 1 of CCP). The head of a probation supervision department, which receives a court judgment or ruling, shall appoint a probation supervisor for the convicted offender. The duty of this probation supervisor is to monitor the community service and to exercise supervision over compliance with the supervisory requirements and obligetions set out in the court decision (Sect. 419 subs. 2 of CCP). According to Sect. 69 subs. 6 CC, if a convicted offender evades community service, fails to comply with supervisory requirements or to perform the obligations imposed on him or her, the court may, on the basis of a report prepared by the probation officer, enforce the imprisonment imposed on the convicted offender. In case of a suspended sentence it is also up to the probation officer to notify the judge about the violation of obligations and the latter may prolong the term of probation or enforce the imprisonment imposed on the convicted offender (Sect. 74 subs. 4 CC).
Consequently, according to CCP and CC the prosecution service has no role whatsoever in the execution of sanctions. Even with regard to the deprivation of liberty of prisoners, the CCP does not impose the duty to supervise on the prosecution service.
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
If a convicted offender has not been kept under arrest during the court proceedings, the county or city court enforcing the court decision shall send a notice, prepared according to the treatment plan for the convicted offender, setting out by which time and to which prison the convicted offender must report for the service of the sentence (Sect. 414 subs. 1 of CCP).
Pecuniary punishment is enforced by sending the court judgment or ruling to the bailiff (Sect. 417 subs. 1 CCP). If a convicted offender fails to pay the amount of pecuniary punishment imposed on him or her, the bailiff shall ascertain the reasons for such failure (Sect. 417 subs. 4 of CCP). In case the convicted offender deliberately avoids paying the pecuniary punishment and prevents the bailiff from enforcing the sanction he or she commits a new crime (Sect. 329 of CC) and the police or the prosecution service has the duty to initiate criminal proceedings. Pursuant to Sect. 70 subs.1 CC, if the convicted offender fails to pay the amount of the pecuniary punishment imposed on him or her, the court shall substitute the punishment by imprisonment or, with the consent of the convicted offender by a community service order.
Sentence of community service is enforced by sending the court judgment or ruling to the probation supervision department of the residence of the convicted offender (Sect. 419 subs. 1 of CCP). The head of a probation supervision department, which receives a court judgment or ruling, shall appoint a probation supervisor for the convicted offender. The duty of this probation supervisor is to monitor the community service and to exercise supervision over compliance with the supervisory requirements and obligetions set out in the court decision (Sect. 419 subs. 2 of CCP). According to Sect. 69 subs. 6 CC, if a convicted offender evades community service, fails to comply with supervisory requirements or to perform the obligations imposed on him or her, the court may, on the basis of a report prepared by the probation officer, enforce the imprisonment imposed on the convicted offender. In case of a suspended sentence it is also up to the probation officer to notify the judge about the violation of obligations and the latter may prolong the term of probation or enforce the imprisonment imposed on the convicted offender (Sect. 74 subs. 4 CC).
Consequently, according to CCP and CC the prosecution service has no role whatsoever in the execution of sanctions. Even with regard to the deprivation of liberty of prisoners, the CCP does not impose the duty to supervise on the prosecution service.
