Obligatoryjne odroczenie wykonania kary ze względu na stan zdrowia skazanego

Abstract

Obligatory postponement of the execution of the sentence due to health condition of the condemned person

The article concerns the postponement of the execution of the sentence due to health condition of the condemned person. It is of great importance since the fact of diagnosing the condemned person with amental disease or other serious illness which prevents the sentence from being executed triggers the necessity to apply it by the competent court.
Therefore, obligatory postponement results from the fact that such ahealth condition deprives the condemned person of an opportunity to understand the essence of the penalty and excludes reforming and educational influence of the punishment. In this paper, while referring to extensive number of legal decisions, the author makes an attempt to provide a detailed interpretation of Art. 150 of the Criminal Executive Code by analyzing the term of both mental disease and other illnesses which prevent the execution of the sentence.