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Articles

Vol. 124 (2021)

Probation in the petty offences law — about the need for conditional suspension of the detention execution

  • Katarzyna Liżyńska
DOI
https://doi.org/10.19195/0137-1134.124.12
Submitted
November 18, 2021
Published
2021-11-18

Abstract

The conditional suspension of the execution of an arrest sentence is the only probation measure in the case of petty offences. There is no doubt that it is not a necessary condition for the perpetrator to serve a sentence to achieve the objectives of both the sentence and the proceedings in the case of petty offenses. However, a wider analysis of the probation measure in question shows that the maintenance of the conditional suspension of the prison sentence execution in the code of petty offenses is doubtful. This is due to the contradiction between the prerequisites for the application of the arrest sentence and the application of the discussed institution, as well as the marginal application of this institution in practice.