CORONAVIRUS (COVID-19) AND ELECTRONIC SURVEILLANCE 5 May 2020
While it would seem that the coronavirus (COVID-19) would remain unaffected by issues relating to the execution of sentences of imprisonment, the opposite has happened.
This is all due to the so-called Covidium Act[1], which amended the provisions of the Criminal Executive Code[2], setting out the conditions that must be met in order to apply for permission to serve a custodial sentence under the electronic surveillance system.
As a result of the amendment, persons with a custodial sentence can now apply for electronic surveillance not exceeding one year and six months deprivation of liberty. Significantly, it is also possible to impose supervision on those sentenced to two or more non-cumulative custodial sentences, the sum of which does not exceed one and a half years.
Previously, it was only possible to serve a sentence under electronic surveillance if the sentence imposed (or the sum of sentences) did not exceed one year.
This change, which is extremely important, came into force on 31 March 2020. However, this does not mean that it only applies to sentences imposed after that date. The amended provisions also apply to previously adjudicated penalties, bearing in mind that the provisions of the Code of Criminal Procedure in their current wording apply to enforcement proceedings initiated before 31 March 2020 and not yet concluded[3]. This means that a convict who wishes to apply for electronic surveillance under the new rules should apply after they enter into force, i.e. after 31 March 2020.
This is exactly what the Law Firm did in the very first days after the new legislation came into force, applying for permission to serve a custodial sentence under the electronic supervision system in relation to a client sentenced to terms of imprisonment exceeding one year in total, and in respect of whom electronic supervision was not possible before 31 March 2020.
[1] The Act on amending the Act on special solutions related to the prevention, prevention and control of COVID-19, other infectious diseases and crisis situations caused by them, and some other acts of 31 March 2020. (Journal of Laws of 2020, item 568)
[2] Article 43la § 1(1) and § 6 of the CC as amended by Article 15 of the „Covid Law”.
[3] Article 93 of the „Covidium Act”
While it would seem that the coronavirus (COVID-19) would remain unaffected by issues relating to the execution of sentences of imprisonment, the opposite has happened.
This is all due to the so-called Covidium Act[1], which amended the provisions of the Criminal Executive Code[2], setting out the conditions that must be met in order to apply for permission to serve a custodial sentence under the electronic surveillance system.
As a result of the amendment, persons with a custodial sentence can now apply for electronic surveillance not exceeding one year and six months deprivation of liberty. Significantly, it is also possible to impose supervision on those sentenced to two or more non-cumulative custodial sentences, the sum of which does not exceed one and a half years.
Previously, it was only possible to serve a sentence under electronic surveillance if the sentence imposed (or the sum of sentences) did not exceed one year.
This change, which is extremely important, came into force on 31 March 2020. However, this does not mean that it only applies to sentences imposed after that date. The amended provisions also apply to previously adjudicated penalties, bearing in mind that the provisions of the Code of Criminal Procedure in their current wording apply to enforcement proceedings initiated before 31 March 2020 and not yet concluded[3]. This means that a convict who wishes to apply for electronic surveillance under the new rules should apply after they enter into force, i.e. after 31 March 2020.
This is exactly what the Law Firm did in the very first days after the new legislation came into force, applying for permission to serve a custodial sentence under the electronic supervision system in relation to a client sentenced to terms of imprisonment exceeding one year in total, and in respect of whom electronic supervision was not possible before 31 March 2020.
[1] The Act on amending the Act on special solutions related to the prevention, prevention and control of COVID-19, other infectious diseases and crisis situations caused by them, and some other acts of 31 March 2020. (Journal of Laws of 2020, item 568)
[2] Article 43la § 1(1) and § 6 of the CC as amended by Article 15 of the „Covid Law”.
[3] Article 93 of the „Covidium Act”