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
Sect. 335 of CCP establishes that only an effective judgment of the court shall be presented for execution.
The judgment of the court of the first instance shall come into effect if it has not been appealed against before the time limit for appeal elapsed. If an appeal has been filed, the judgment of the court of the first instance shall become effective from the day of pronouncement of the decision of the appellate court.
The judgment and order of the appellate court shall become effective from the day of pronouncement.
An effective judgment of conviction cannot be presented for execution and cannot be executed in the following cases:
- after the lapse of the statutory time, set in the PC, beyond which the judgment of conviction may no longer be executed;
- if the execution of the judgment has been stayed until the termination of the stay of execution of the judgment ordered by the court.
In addition, the CCP specifies two exceptional cases when the passed court judgment is executed immediately, not waiting for the date of its coming into effect:
- when the court passes the judgment of acquittal; nd
- when the court passes the judgment releasing the defendant from criminal liability or punishment (sect. 340 CCP).
The judge makes a written commission with regard to the execution of the judgment and sends it together with the transcript of the judgment to the institution executing the sentence.
The Penal Code (hereafter PC) provides for the following institutions executing the sentence:
- bailiffs (execute the recovery of fines and property confiscation);
- correctional inspectorates (execute the penalties of disenfranchisement, deprivation of the right to be employed in a certain job or to hold a certain position, community service, restriction of liberty);
- detention houses (execute the penalties of detention); and
- correctional institutions that are subordinate to the Ministry of Justice (execute the penalties of terminable imprisonment and life imprisonment).
Sect. 346 subs. 3 CCP stipulates that the prosecutor supervises the submission of the judgment to be executed and the execution thereof. In other words the prosecutor is obliged to ensure that the court submit the judgment to the appropriate institutions for execution within the period set by law. The prosecutor supervises the execution of the judgment only insofar as it is related to the settlement of issues that arise while executing the judgment (difficulties in executing the judgment, conditional release of a convicted person, change of the type of penalty, and so forth). The prosecutor is obliged to participate in the court session in which the issues of the execution of the judgment are being dealt with. However, the prosecutor does not directly supervise the activities of the institutions executing the sentence.
The institution in charge of the execution of the judgment, which has been presented the transcript of the effective judgment, is obliged to notify the court which passed the judgment thereof in writing no later than on the next day. Under this provision, an opportunity of ensuring duly and timely execution of the judgment is given to the court itself.
Likewise, the prosecutor does not supervise compliance with the conditions under which a conditional release has been imposed, or a person has been released from punishment, or the execution of the punishment has been suspended. In case when the institution supervising the conduct of such convict (police, correctional inspectorate) establishes that this person has been violating any of the injunctions or inhibitions imposed upon him, it applies to the court directly by proposing a motion. The motion is also proposed when it is requested that the convicted person be completely relieved from punishment. The court considers the issue of the validity of such motions in court, and the prosecutor is obliged to participate.
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
Sect. 335 of CCP establishes that only an effective judgment of the court shall be presented for execution.
The judgment of the court of the first instance shall come into effect if it has not been appealed against before the time limit for appeal elapsed. If an appeal has been filed, the judgment of the court of the first instance shall become effective from the day of pronouncement of the decision of the appellate court.
The judgment and order of the appellate court shall become effective from the day of pronouncement.
An effective judgment of conviction cannot be presented for execution and cannot be executed in the following cases:
- after the lapse of the statutory time, set in the PC, beyond which the judgment of conviction may no longer be executed;
- if the execution of the judgment has been stayed until the termination of the stay of execution of the judgment ordered by the court.
In addition, the CCP specifies two exceptional cases when the passed court judgment is executed immediately, not waiting for the date of its coming into effect:
- when the court passes the judgment of acquittal; nd
- when the court passes the judgment releasing the defendant from criminal liability or punishment (sect. 340 CCP).
The judge makes a written commission with regard to the execution of the judgment and sends it together with the transcript of the judgment to the institution executing the sentence.
The Penal Code (hereafter PC) provides for the following institutions executing the sentence:
- bailiffs (execute the recovery of fines and property confiscation);
- correctional inspectorates (execute the penalties of disenfranchisement, deprivation of the right to be employed in a certain job or to hold a certain position, community service, restriction of liberty);
- detention houses (execute the penalties of detention); and
- correctional institutions that are subordinate to the Ministry of Justice (execute the penalties of terminable imprisonment and life imprisonment).
Sect. 346 subs. 3 CCP stipulates that the prosecutor supervises the submission of the judgment to be executed and the execution thereof. In other words the prosecutor is obliged to ensure that the court submit the judgment to the appropriate institutions for execution within the period set by law. The prosecutor supervises the execution of the judgment only insofar as it is related to the settlement of issues that arise while executing the judgment (difficulties in executing the judgment, conditional release of a convicted person, change of the type of penalty, and so forth). The prosecutor is obliged to participate in the court session in which the issues of the execution of the judgment are being dealt with. However, the prosecutor does not directly supervise the activities of the institutions executing the sentence.
The institution in charge of the execution of the judgment, which has been presented the transcript of the effective judgment, is obliged to notify the court which passed the judgment thereof in writing no later than on the next day. Under this provision, an opportunity of ensuring duly and timely execution of the judgment is given to the court itself.
Likewise, the prosecutor does not supervise compliance with the conditions under which a conditional release has been imposed, or a person has been released from punishment, or the execution of the punishment has been suspended. In case when the institution supervising the conduct of such convict (police, correctional inspectorate) establishes that this person has been violating any of the injunctions or inhibitions imposed upon him, it applies to the court directly by proposing a motion. The motion is also proposed when it is requested that the convicted person be completely relieved from punishment. The court considers the issue of the validity of such motions in court, and the prosecutor is obliged to participate.
