Abstract

The perpetrator's fulfilment of the obligation to redress the damage is one of the elements of the positive assessment of the probation period with conditional discontinuation of the proceedings and conditional suspension of the sentence. However, in the case of restriction of liberty, pursuant to Art. 83 of the Penal Code, fulfilment of this obligation makes it possible for the convict, after having served at least half of the sentence, to be exempted from serving the rest of the sentence, considering it to have been served, while the convicted person must obey the legal order and perform the designated work conscientiously, as well as fulfil other obligations and measures of penal response imposed on them. In the event of the fulfilment of such an obligation imposed as a compensatory measure, the enforcement proceeding is terminated in the part considered as completed. It should be noted, however, that the legislator associated certain negative consequences for the obligated person with their „refusing” to fulfil this obligation. The term „evades” was used in conjunction with the obligation to repair the damage adjudicated upon conditional discontinuation of the proceedings (Art. 68 § 2 of the Penal Code) and the conditional suspension of the sentence (Art. 75 § 2 of the Penal Code). In this connection, various doubts and problems arise in practice, including the following questions: Should the obligation to redress the damage ruled as a probationary measure be performed by the obligated person at the time specified by the court (should the court specify such a deadline at all), or when the judgment becomes final? Should the obligation to redress the damage imposed on the perpetrator as a probationary measure which has not been fulfilled and the probation period has expired, expire or not? When is it actually possible to speak about „evasion” of the obligation by the perpetrator? What is the impact of the will of the convicted person on the determination of the deadline for the obligation to redress the damage? An attempt to answer them will be the subject of in-depth considerations in this publication.