Published: 2018-08-29

Absconding as an Offence: Comments in the Context of Judgments I KZP 11/16 and I KZP 3/17 Handed down by the Polish Supreme Court

Jan Kluza
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2018.18.2.06

Abstract

Summary

 

This article is on the criminal liability of a convicted person who absconds or evades the security system in any other way while serving a prison sentence in which an electronic surveillance system is used to monitor his whereabouts. A legal issue which arose in this connection was presented to the Supreme Court of the Republic of Poland, for a decision whether it was admissible to bring charges on the grounds of Art. 242 § 1 of the Polish Criminal Code against a prisoner who absconded in such circumstances. Te Supreme Court’s verdict confirmed admissibility in principle. However, this interpretation is not fully acceptable because the concept of “absconding from a prison sentence” as defined under Art. 242 § 1 of the Polish Criminal Code must be understood in the strict sense, viz. it is applicable to imprisonment in the traditional sense, while the use of an electronic monitoring system stands at odds with this definition of imprisonment.

Keywords:

electronic monitoring, absconding, the constituent elements of an offence.

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Citation rules

Kluza, J. (2018). Absconding as an Offence: Comments in the Context of Judgments I KZP 11/16 and I KZP 3/17 Handed down by the Polish Supreme Court. Zeszyty Prawnicze, 18(2), 141–154. https://doi.org/10.21697/zp.2018.18.2.06

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