The Role of the Prosecutor in relation to the Enforcement of Sentences
Chapter IV
The Role of the Prosecutor in relation to the Enforcement of Sentences
According to the Public Prosecution Service Act, the prosecutor exercises powers also when supervising observance of the law in establishments where individuals deprived of their personal freedom or persons whose personal freedom has been restricted are kept upon a court’s decision or on the basis of a decision taken by any other entitled government body.
The prosecution service is in not involved in the control of execution of such penalties imposed by the court, if they are not linked to the deprivation or restriction of personal freedom. It is also not involved in the control of the fulfilment of conditions attached to a conditional sentence, or in the control of the fulfilment of conditions for a conditional granting of mercy. The court is vested with the control in both of those cases. However, the prosecutor is entitled to give his opinion about whether the convict complied with the conditions attached to the sentence of the pardon.
Under the Public Prosecution Service Act, the prosecutor has to supervise that persons are kept in penitentiary establishments only upon a decision by the court or by any other entitled government body, and that laws, as well as other generally binding regulations, are observed in those establishments. While doing so, the prosecutor has the obligation to carry out checks and control of law observance in those establishments, and to issue an immediate written order to release any person kept there unlawfully without any decision of the court or other government body, or contrary to the court’s decision. He also is under the obligation to issue a written order to cancel or discontinue the execution of such a decision, order or measure taken by the bodies directing those establishments or by their superior body, if they are contrary to the law or to any other generally binding legal regulation. Furthermore, he has to supervise whether complaints and reports by persons kept in those establishments are immediately delivered to the bodies or representatives to whom they are addressed. While carrying out this supervision, the prosecutor is entitled to visit those establishments at any time. He should than have free access everywhere, should be allowed to inspect documents linked to the deprivation or restriction of a personal freedom, and to speak with the persons kept there without a presence of any other person. He can also check whether decisions and measures taken by the management of those establishments are in accordance with the laws and other generally binding regulations, can ask explanations of employees, and require submission of documents and files about the decisions to deprive or restrict personal freedom.
Under the Service of a Term of Imprisonment Act, the prosecutor performs the supervision over law observance in the establishments for executing such sentences and this supervision is carried out in accordance with the provisions of the Public Prosecution Service Act. The prison officers are obliged to allow the prosecutor to enter any establishment and to hold discussions with persons kept there without others present. The prison officers should also immediately report any facts and events that could prejudice successful treatment of sentenced persons to the prosecutor, should carry out his orders concerning the observation of the regulation on execution of sentences, and upon the prosecutor’s request submit documents and files relating to the execution of the sentences to him. There is also a detailed Prison Code issued by the Ministry of Justice after an agreement with the General Prosecutor in the form of a generally binding legal regulation.
Under the CCP, the prosecutor can propose the court to decide about the conditional release of a sentenced person, as well as to decide about a change of a way of serving a sentence by putting him in a milder, or harsher correctional establishment. He can also express his opinion about whether a sentenced person has made good in the course of a probation period.
Under the CCP, the prosecutor also supervises facilities where protective treatment and the youth rehabilitation are carried out. The management of those facilities is obliged to execute the prosecutor’s orders concerning observance of regulations for protective treatment or youth rehabilitation. The prosecutor is also empowered to propose refraining from the execution of protective treatment of youth rehabilitation before the commencement of them, or to propose the release of protective treatment or youth rehabilitation, as well as conditional placement of a juvenile person outside the rehabilitation facility.
The Role of the Prosecutor in relation to the Enforcement of Sentences
According to the Public Prosecution Service Act, the prosecutor exercises powers also when supervising observance of the law in establishments where individuals deprived of their personal freedom or persons whose personal freedom has been restricted are kept upon a court’s decision or on the basis of a decision taken by any other entitled government body.
The prosecution service is in not involved in the control of execution of such penalties imposed by the court, if they are not linked to the deprivation or restriction of personal freedom. It is also not involved in the control of the fulfilment of conditions attached to a conditional sentence, or in the control of the fulfilment of conditions for a conditional granting of mercy. The court is vested with the control in both of those cases. However, the prosecutor is entitled to give his opinion about whether the convict complied with the conditions attached to the sentence of the pardon.
Under the Public Prosecution Service Act, the prosecutor has to supervise that persons are kept in penitentiary establishments only upon a decision by the court or by any other entitled government body, and that laws, as well as other generally binding regulations, are observed in those establishments. While doing so, the prosecutor has the obligation to carry out checks and control of law observance in those establishments, and to issue an immediate written order to release any person kept there unlawfully without any decision of the court or other government body, or contrary to the court’s decision. He also is under the obligation to issue a written order to cancel or discontinue the execution of such a decision, order or measure taken by the bodies directing those establishments or by their superior body, if they are contrary to the law or to any other generally binding legal regulation. Furthermore, he has to supervise whether complaints and reports by persons kept in those establishments are immediately delivered to the bodies or representatives to whom they are addressed. While carrying out this supervision, the prosecutor is entitled to visit those establishments at any time. He should than have free access everywhere, should be allowed to inspect documents linked to the deprivation or restriction of a personal freedom, and to speak with the persons kept there without a presence of any other person. He can also check whether decisions and measures taken by the management of those establishments are in accordance with the laws and other generally binding regulations, can ask explanations of employees, and require submission of documents and files about the decisions to deprive or restrict personal freedom.
Under the Service of a Term of Imprisonment Act, the prosecutor performs the supervision over law observance in the establishments for executing such sentences and this supervision is carried out in accordance with the provisions of the Public Prosecution Service Act. The prison officers are obliged to allow the prosecutor to enter any establishment and to hold discussions with persons kept there without others present. The prison officers should also immediately report any facts and events that could prejudice successful treatment of sentenced persons to the prosecutor, should carry out his orders concerning the observation of the regulation on execution of sentences, and upon the prosecutor’s request submit documents and files relating to the execution of the sentences to him. There is also a detailed Prison Code issued by the Ministry of Justice after an agreement with the General Prosecutor in the form of a generally binding legal regulation.
Under the CCP, the prosecutor can propose the court to decide about the conditional release of a sentenced person, as well as to decide about a change of a way of serving a sentence by putting him in a milder, or harsher correctional establishment. He can also express his opinion about whether a sentenced person has made good in the course of a probation period.
Under the CCP, the prosecutor also supervises facilities where protective treatment and the youth rehabilitation are carried out. The management of those facilities is obliged to execute the prosecutor’s orders concerning observance of regulations for protective treatment or youth rehabilitation. The prosecutor is also empowered to propose refraining from the execution of protective treatment of youth rehabilitation before the commencement of them, or to propose the release of protective treatment or youth rehabilitation, as well as conditional placement of a juvenile person outside the rehabilitation facility.
