The lack of technical conditions as an obstacle to commencing the implementation of penal and security measures in the electronic supervision system

Abstrakt

The issue of postponing the execution of a sentence, or more precisely, a penal measure in the form of a prohibition on approaching certain persons and a ban on entering a mass event performed with the use of an electronic supervision system, as well as a security measure in the form of electronic control of the place of stay, is the subject of this study. As it follows from the content of Art. 43i § 2 of the EPC in a situation where it is not possible to commence the execution of the sentence immediately due to the lack of technical conditions, the court decides to postpone the sentence. The study explains the defi nition of the necessary technical conditions and describes the procedure and deadlines for sending information from the supervising entity, referred to in the content of the provision. The court’s way of handling a situation and the type of decisions taken in the event that the information obtained from the supervising entity shows that it is still not possible to immediately begin the execution of a penal measure or a security measure in the electronic supervision system. The issues related to the jurisdiction of the court in the scope of issuing decisions in the area of the proceedings mentioned in the title were also not omitted.