Legal consequences of the convicted person’s failure to serve the sentence of restriction of liberty

Abstract

One of the basic principles of executive penal law is the principle of immediate initiation of enforcement proceedings (as expressed in Article 9 § 1 of the Executive Penal Code), the aim of which is to serve the implementation of another principle — humanitarianism and respect for the human dignity of the convicted person. The very nature of restriction of liberty as a punitive measure, in particular its emphasized special-preventive and educational purpose and its flexibility emphasized by the provisions of the Act, mean that in the case of implementation of this penalty, we encounter many derogations from the principle of penalty execution immediacy. Depending on the stage of the enforcement proceedings and the circumstances causing a breach in its implementation, it may lead to both positive and negative legal effects for the convicted person. The presented article pays attention to said effects.