Text file: 13039.txt
author: Za-pornik
downvotes: 10
end consideration date: 2021-03-23
id: '13039'
number comments: 38
number views: 2683
proposal type: Competent authority response
response: "Response from the Ministry of Justice\nThe Slovenian Penitentiary Administration\
  \ has taken a number of measures to prevent the spread of SARS-CoV-2 in penitentiary\
  \ institutions. They have been taken on the basis of the principle of proportionality\
  \ and progressivity, depending on the spatial and other capacities of each institution.\
  \ The temporary measures in the field of penal sanctions, which are regulated by\
  \ the intervention legislation, follow the principle of protecting human health\
  \ and life, with the aim of preventing the spread and spread of SARS-CoV-2 infection\
  \ and ensuring safer conditions for prisoners and staff in correctional institutions.\n\
  Important measures to achieve this objective include, among others, the suspension\
  \ of sentences to prevent the spread of SARS-CoV-2. While the institution of suspension\
  \ of imprisonment has existed in Slovenian legislation for a long time, the current\
  \ regulation only builds on the existing provisions by providing for the possibility\
  \ to proceed more quickly, all with the aim of avoiding risks and ensuring safer\
  \ conditions of imprisonment.\n At the request of the convicted person, or with\
  \ his/her consent at the request of his/her immediate family members, foster parent\
  \ and guardian, the director of the institution may, where there are no security\
  \ concerns, suspend the imprisonment if there are circumstances listed in the article.\
  \ The decision to suspend the imprisonment shall be issued for the duration of the\
  \ reason, and the law clearly stipulates in the fourth paragraph of the said article\
  \ that the time of suspension of the sentence shall not be counted as time served,\
  \ since the convicted person is not actually serving the sentence imposed during\
  \ the suspension of the sentence and is at liberty. The above general rule on the\
  \ non-counting of the time during the interruption of the sentence applies to both\
  \ regular imprisonment and weekend imprisonment.\nThe Law on Temporary Measures\
  \ to Mitigate and Eliminate the Consequences of COVID-19 (hereinafter referred to\
  \ as: PKP5; Official Journal of the Republic of Slovenia, No 152/2020 and 175/20),\
  \ which inter alia also covers the area of enforcement of criminal sanctions and\
  \ has been applicable since 24 October 2010, is in force since 31 December 2010.\
  \ 2020 onwards, allows the Director of a prison institution, notwithstanding Article\
  \ 82(1) of the ICCS-1, to ex officio suspend a convicted person's imprisonment for\
  \ a period of one month if this is necessary to prevent the spread of the SARS-CoV-2\
  \ virus, where there are no security concerns. The duration of the interruption\
  \ of the sentence of imprisonment may be extended as long as the reason for the\
  \ interruption exists.\nThere is no legal basis for the period of suspension to\
  \ be counted towards the prison sentence imposed. We stress that the final judgments\
  \ of the courts must be respected and that counting the time spent on suspension\
  \ would not contribute to improving the epidemiological situation or to preventing\
  \ the spread of SARS-CoV-2 in prisons, which is the fundamental purpose of suspension\
  \ of sentences under Article 27 of the CPCSOA. There is no intention to amend the\
  \ legislation following the citizen's suggestion, as this would constitute an excessive\
  \ interference with the judgments that have already been handed down. As a rule,\
  \ prison sentences or weekend sentences are carried out in a penal institution.\
  \ Moreover, the inclusion of a period of suspended imprisonment during the COVID-19\
  \ epidemic would constitute a privileging of this group of convicted persons and\
  \ unequal treatment compared to convicted persons who are on suspended imprisonment\
  \ for other reasons.\nWe reiterate that the purpose of the suspension of imprisonment\
  \ measure and some other temporary solutions in the field of penal sanctions is\
  \ to protect human health and life, with the aim of preventing the spread of infection\
  \ in prisons.\nIn view of the above, we consider that the measures currently adopted\
  \ are appropriate and the proposal is not suitable for further consideration."
response date: 2021-03-30
response due date: null
sent date: 2021-02-21
title: Suspension of imprisonment
upvotes: 95
url: https://predlagam.vladi.si/predlog/13039
