The Role of the Prosecutor’s Office in the Execution of Punishment

Chapter IV
The Role of the Prosecutor’s Office in the Execution of Punishment
The current CCP determines the following types of sanctions:
-    deprivation of liberty, defined as forced imprisonment for a time longer than six months, which is executed by the Ministry of Justice Imprisonment Board liberty deprivation offices;
-    arrest, defined as temporal forced imprisonment of person for a term of not less than three days and not exceeding six months, which is executed by the offices of the state police;
-    community service, executed by the community service supervision board of the respective local authority;
-    fine, executed by a sworn executor;
-    confiscation of property, executed by a sworn executor;
-    banishment from the Republic, executed by the State Boarder Guard, the Office of Citizenship and Migration Affairs and the State Police;
-    derogation of rights, which is executed by sworn executor; and
-    police control, carried out by local police (what is local is determined by the place of residence of the sentenced person).

According to the Penal Code, some types of punishment such as deprivation of liberty, community service, arrest or fine can be given conditionally. Police or medical officers supervise persons who have been sentenced conditionally but the prosecutor’s office does not.
The court which has passed the sentence, hands it over for execution. After the sentence has obtained legal force, the judge forwards a copy of the sentence to that particular office which, according to the law, has the duty to make sure the sentence is executed. Having carried out this task, the office then immediately announces the execution of the sentence to the respective court. The general principle is that the court which has passed the sentence, also supervises its execution.
The role of public prosecutor in the process of sentence execution
Supervision over execution of punishments that entail a deprivation of liberty is the independent task of the prosecutor’s office. This forms the exception to the general principle set out above. The public prosecutor has the right to take steps immediately when supervising a punishment of deprivation of liberty, including the right to release someone from a place of deprivation or derogation when the person has been illegally kept there.
In every office that deprives liberty there is an administrative committee, which in the cases determined by law, examines commutation of punishment conditions or its reinforcement to the sentenced person. In its decisions this committee takes behaviour of the sentenced person into account. The public prosecutor participates in the meetings of administrative committee. The public prosecutor can voice protest against the decision of administrative committee, which is then examined by a court.
In addition, the public prosecutor participates in the process of execution of punishment in every case where the court decides upon questions which are connected with the execution of a sentence or the legal outcomes of a sentence.
The court can decide upon following questions:
 -    application of the act of amnesty;
-    substitution of one type of sentenced punishment for another (for instance, substitution of penalty with arrest);
-    early conditional release from deprivation of liberty or arrest;
-    repeal of imposed liabilities to the conditionally sentenced person;
-    diminishing or repeal of police control term;
-    removal of earlier criminal liability;
-    when uncertainties have arisen during execution, and so forth.

The participation of the public prosecutor in the hearing where questions connected with sentence execution are examined is mandatory. The public prosecutor has the right to appeal against an illegal or groundless judgment of a court, when the latter is examining questions connected with execution of a judgement.
Amnesty of persons, complete or partial release of the sentenced person from criminal punishment, commutation of punishment conditions or removal of criminal liability is an exclusive right of the president of the State. The prosecutor’s office does not supervise the process of amnesty.