CRIMINAL LIABILITY RELATED TO THE SYSTEM OF ELECTRONIC SURVEILLANCE AND CIRCUMSTANCES IN WHICH SENTENCED PERSON AVOIDS PERFORMING DUTIES ORDERED BY THE COURT

Abstract

The crucial aim of this article is to indicate grounds of legal liability connected with situations in which person sentenced to penalty, punitive measure or safeguard measure, within the system of electronic surveillance, violates certain duties. Considerations concerning the aforementioned issues are preceded by the analysis on the essence of the electronic surveillance, reasons for its implementation into the applicable legal system and means of its usage related to legal instruments of penal reaction to perpetrator’s behavior. Moreover, author of the article analyses legal character of the prison sentence performed with the usage of electronic surveillance. This constitutes starting point for answering practically important question: whether leaving the place of performing prison sentence within the system of electronic surveillance can be qualified as the offence of self-release, determined in art. 242 § 1 of the Criminal Code. At the end of the article, author presents de lege ferenda postulates concerning normative solution related to the legal ground of qualifying behaviors consisting in avoiding electronic surveillance.