Non-code deviations from the principle of continuity of punishment execution: Does it supplement or break the consistency of regulations? Remarks regarding Art. 73a of the Act on Counteracting Drug Addiction

Abstract

The subject of this study is the institution of a break in order to undertake treatment or rehabilitation. Due to the fact that this is a special extra-code mechanism dedicated to convicted addicts, the considerations undertaken by the author go in two directions.
Firstly, an attempt was made to determine to what extent it is consistent with the entire system of execution of penalties and penal measures, especially against the background of recent changes in the area of deviations from the principle of continuity of punishment. Secondly, a detailed analysis of the correctness of the regulation of this provision was conducted in terms of its eff ective and ratio legis application to addicted prisoners.