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
The public prosecutor’s powers in the execution of sanctions have significantly decreased over the years. Before September 1, 1998, the public prosecutor was an important actor in execution proceedings, equipped with many important legal instruments. He also undertook penitentiary supervision.
The new Code on the Implementation of Sentences (CIS) has seriously changed the situation. The public prosecutor is now a party in court proceedings which means, he is not a party in proceedings conducted by other authorities. His powers have been restricted but not completely cancelled. In particular, he can submit motions and lodge legal means regarding decisions issued by the court in execution proceedings (sect. 21 CIS). The motions can concern such matters as initiating incidental proceedings, directions of the proceedings, examining evidence, and formal questions which have surfaced during the proceedings. The public prosecutor especially has a role in revoking an adjournment or break in the execution of prison sentences or actions following a breach of conditions of conditional release. Supervision over penalties involving deprivation of liberty is now the task of the penitentiary judge.
The public prosecutor must be informed about the date and the aim of court sittings in execution proceedings, but his absence does not stop the court from taking a decision (sect. 22 CIS). In such a situation however, the court is obliged to serve him the decision.
Sect. 273 Code of Conduct lists situations where the public prosecutor should be present at the sittings of the court in execution proceedings such as when the court of first or second instance is deciding on:
- a request for pardon;
- doubts as to execution of the sentence or objections to the calculation of the sentence;
- changing a penalty of deprivation of liberty into a fine in case of a foreigner;
- discontinuing or staying the proceedings;
- non-including the period of treatment caused by selfinjury into the term of deprivation of liberty;
- changing a fine or restriction of liberty into substitutive penalty of deprivation of liberty;
- execution of a penalty of deprivation of liberty after releasing the sentenced person from a psychiatric hospital or a rehabilitation centre;
- a motion of the public prosecutor for suspending the sentence of deprivation of liberty or renouncement from inflicting of punishment when the convict is to be send to a house of correction.
According to sect. 274 Code of Conduct, the public prosecutor should also consider the possibility of taking part in court sittings in other cases, especially in cases which are complicated or controversial in public opinion and in juvenile cases.
The public prosecutor still has some tasks in the execution of decisions involving deprivation of liberty, especially prison sentences. For example, he may receive petitions, complaints and requests from sentenced persons in absence of other persons (sect. 102 CIS). The provision is regarded as a form of distinguishing the role of a procurator in execution proceedings.
If the court decides on a conditional release or break in the execution of a penalty of deprivation of liberty, the public prosecutor can state he has no objections to such decision and that statement then results in immediate execution of the decision despite the fact it is not final (sects. 154 and 162 CIS).
The public prosecutor is one of the subjects empowered to lodge a motion for re-opening of a conditionally discontinued proceedings (sect. 549 CCP).
In case of a conditional discontinuation of proceedings or a suspension of the sentence, supervision over the compliance with the conditions imposed during the probationary period is generally the task of a probation officer appointed by a court decision.
It must be mentioned, that the Prosecutor General can initiate the procedure for granting pardon ex officio, asking courts which have examined the case for opinions or presenting the case directly to the President. He also presents case files to the President or initiates the procedure for granting pardon in every case the President wishes so (sect. 567 CCP).
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
The public prosecutor’s powers in the execution of sanctions have significantly decreased over the years. Before September 1, 1998, the public prosecutor was an important actor in execution proceedings, equipped with many important legal instruments. He also undertook penitentiary supervision.
The new Code on the Implementation of Sentences (CIS) has seriously changed the situation. The public prosecutor is now a party in court proceedings which means, he is not a party in proceedings conducted by other authorities. His powers have been restricted but not completely cancelled. In particular, he can submit motions and lodge legal means regarding decisions issued by the court in execution proceedings (sect. 21 CIS). The motions can concern such matters as initiating incidental proceedings, directions of the proceedings, examining evidence, and formal questions which have surfaced during the proceedings. The public prosecutor especially has a role in revoking an adjournment or break in the execution of prison sentences or actions following a breach of conditions of conditional release. Supervision over penalties involving deprivation of liberty is now the task of the penitentiary judge.
The public prosecutor must be informed about the date and the aim of court sittings in execution proceedings, but his absence does not stop the court from taking a decision (sect. 22 CIS). In such a situation however, the court is obliged to serve him the decision.
Sect. 273 Code of Conduct lists situations where the public prosecutor should be present at the sittings of the court in execution proceedings such as when the court of first or second instance is deciding on:
- a request for pardon;
- doubts as to execution of the sentence or objections to the calculation of the sentence;
- changing a penalty of deprivation of liberty into a fine in case of a foreigner;
- discontinuing or staying the proceedings;
- non-including the period of treatment caused by selfinjury into the term of deprivation of liberty;
- changing a fine or restriction of liberty into substitutive penalty of deprivation of liberty;
- execution of a penalty of deprivation of liberty after releasing the sentenced person from a psychiatric hospital or a rehabilitation centre;
- a motion of the public prosecutor for suspending the sentence of deprivation of liberty or renouncement from inflicting of punishment when the convict is to be send to a house of correction.
According to sect. 274 Code of Conduct, the public prosecutor should also consider the possibility of taking part in court sittings in other cases, especially in cases which are complicated or controversial in public opinion and in juvenile cases.
The public prosecutor still has some tasks in the execution of decisions involving deprivation of liberty, especially prison sentences. For example, he may receive petitions, complaints and requests from sentenced persons in absence of other persons (sect. 102 CIS). The provision is regarded as a form of distinguishing the role of a procurator in execution proceedings.
If the court decides on a conditional release or break in the execution of a penalty of deprivation of liberty, the public prosecutor can state he has no objections to such decision and that statement then results in immediate execution of the decision despite the fact it is not final (sects. 154 and 162 CIS).
The public prosecutor is one of the subjects empowered to lodge a motion for re-opening of a conditionally discontinued proceedings (sect. 549 CCP).
In case of a conditional discontinuation of proceedings or a suspension of the sentence, supervision over the compliance with the conditions imposed during the probationary period is generally the task of a probation officer appointed by a court decision.
It must be mentioned, that the Prosecutor General can initiate the procedure for granting pardon ex officio, asking courts which have examined the case for opinions or presenting the case directly to the President. He also presents case files to the President or initiates the procedure for granting pardon in every case the President wishes so (sect. 567 CCP).
