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
After having acquired the force of res judicata the sentence must be enforced. The enforcement of punishments is under the competence of the courts, and the prosecution service is solely competent in accompanying their execution.
The prosecution service thus plays a minor role in the enforcement of all sentences imposed, together with the court for the enforcement of sentences which decides on all the issues considered relevant regarding the enforcement of sentences (Sect. 469 CCP).
In accompanying the execution of punishments the powers of the prosecution are as follows.
Regarding the implementation of a deprivation of liberty:
- to be informed of all the occurrences during the serving of the sentence (Sect. 482 CCP);
- to express an opinion on the alteration of the prison regime in case the offender is suffering any psychic anomaly (Sect. 483 CCP);
- to intervene in the concession of conditional release (Sects. 484 and 485 CCP).
Regarding the implementation of the fine:
- to promote the patrimonial execution in case of non payment (Sect. 491 CCP);
- to require or suspend the implementation of the fine default detention (Sect. 491 CCP).
Regarding the implementation of a community service order:
- to issue an opinion on its suspension, revocation, substitution and modification (Sect. 498 CCP).
Regarding the implementation of a suspended sentence:
- to issue opinion on the alteration of the conditions of the suspended sentence (Sect. 492 CCP);
- to express an opinion on the decision to be taken by the court in the case of violation of suspended sentence conditions (Sect. 495 CCP).
The prosecution service does not have the power to supervise compliance with conditions attached to a suspended sentence, but the court for the enforcement of sentences may decide to revoke the suspended sentence in such a case. As already stated above, it is the ultimate responsibility of the court to decide on the alteration or substitution of current sentences or security measures.
As far as pardon and amnesty are concerned the role of the prosecutor is very limited. In both cases, he may express his views when asked.
The Role of the Public Prosecutor in Relation to the Execution of Sanctions
After having acquired the force of res judicata the sentence must be enforced. The enforcement of punishments is under the competence of the courts, and the prosecution service is solely competent in accompanying their execution.
The prosecution service thus plays a minor role in the enforcement of all sentences imposed, together with the court for the enforcement of sentences which decides on all the issues considered relevant regarding the enforcement of sentences (Sect. 469 CCP).
In accompanying the execution of punishments the powers of the prosecution are as follows.
Regarding the implementation of a deprivation of liberty:
- to be informed of all the occurrences during the serving of the sentence (Sect. 482 CCP);
- to express an opinion on the alteration of the prison regime in case the offender is suffering any psychic anomaly (Sect. 483 CCP);
- to intervene in the concession of conditional release (Sects. 484 and 485 CCP).
Regarding the implementation of the fine:
- to promote the patrimonial execution in case of non payment (Sect. 491 CCP);
- to require or suspend the implementation of the fine default detention (Sect. 491 CCP).
Regarding the implementation of a community service order:
- to issue an opinion on its suspension, revocation, substitution and modification (Sect. 498 CCP).
Regarding the implementation of a suspended sentence:
- to issue opinion on the alteration of the conditions of the suspended sentence (Sect. 492 CCP);
- to express an opinion on the decision to be taken by the court in the case of violation of suspended sentence conditions (Sect. 495 CCP).
The prosecution service does not have the power to supervise compliance with conditions attached to a suspended sentence, but the court for the enforcement of sentences may decide to revoke the suspended sentence in such a case. As already stated above, it is the ultimate responsibility of the court to decide on the alteration or substitution of current sentences or security measures.
As far as pardon and amnesty are concerned the role of the prosecutor is very limited. In both cases, he may express his views when asked.
