Wojskowa postać kary ograniczenia wolności - kwestie sporne

Abstract

The work was devoted to the considerations regarding the military form of the penalty of limitation of liberty, which in the penal codification of 1997 was given a new shape. The intention of the author was to carry out intensified analysis of the issues connected with the use and execution of the adjudicated penalty, which could revive doubts, thereby becoming the main "matter of opinion". The issue of the use and meaning of penalty occupy a significant part of the compilation, which in the present legal state is Iiable to substantial differentiation depending on the social background of the convict. Hence the applied penalty was again characterised in case of soldiers undergoing military service, soldiers of other types of services apart from those doing military service or those serving as professional soldiers, soldiers on candidate services and also other employees of the armed forces. The matter of the exchange of the military form of the penalty of limitation of liberty adjudicated according to the general principles and the doubts in interpretation that occurs as a result of it. The subject of considerations was also the execution of the penalty for the respective categories of convicts. The matters of opinion connected with the execution of penalty, in particular, when adjudicated in the case of soldiers during national military service, soldiers on candidate service and employees of the armed forces we signalled. Matters of opinion concerning the supervision of the execution of punishments, including supervision in case of penalties passed on soldiers mentioned in art. 323 paragraph 3 of the Penal Code, penalties passed on employees of the armed forces as well as penitentiary supervision on the execution of punishment in a detached military unit were taken upon in the compilation. The role of the probation officer in the execution of the penalty of restriction of freedom in the military form was given analysis, because this issue also revives a range of problems and doubts.