NSTYTUCJA WARUNKOWEGO ZAWIESZENIE WYKONANIA KARY POZBAWIENIA WOLNOŚCI
THE INSTITUTION OF CONDITIONAL SUSPENSION OF A PRISON SENTENCE

Summary/Abstract: Conditional suspension of a prison sentence is one of the elements of probation. The essence of this probation measure is based on the fact that the court fi rst decides on the guilt and the penalty of deprivation of liberty, which is an isolating penalty, and only then suspends its execution for the probation period. The nature of conditional suspension is therefore complex, because it can be related to the penalty of imprisonment and the means of putting the perpetrator of the crime to trial. This study discusses the regulations contained in the Penal Code and the Executive Penal Code of 1997 regarding the use of a probation measure in the form of conditional suspension of the execution of a prison sentence. The main thrust of the considerations undertaken by the Author is the presentation of the legal basis for the use of the indicated probation measure. In addition, the article discusses issues related to the length of the probation period, supervision, probation obligations, as well as the issue of ordering the execution of a prison sentence whose execution has been conditionally suspended. The research goal of the work is to familiarize the reader in detail with the regulations regarding the issues indicated here from the point of view of substantive criminal law and executive law. The main research hypothesis formulated by the author is as follows: the legal regulations regarding the conditional suspension of the execution of a prison sentence contained in the Penal Code and the Implementing Penal Code of 1997 are correct. The work uses such research methods as the analysis of legal texts, dogmatic analysis and juridical analysis. The conclusions of the work, detailed description of which can be found in the summary, confi rm the research hypothesis.

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