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Enforcement of Final Criminal Judgments: Practical Steps

Enforcement commences after finality (Article 557 CCP) via a PPS order. Imprisonment, fines, or TBS are executed with rights to suspension or provisional release. Convicted individuals receive a summons; opposition is limited. (42 words)

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The Enforcement Process

Following finality, as defined in Article 557 of the Code of Criminal Procedure (CCP), the enforcement of criminal judgments commences. The Public Prosecution Service (PPS) issues this order, after which agencies such as the Custodial Institutions Agency (DJI) or Central Judicial Collection Agency (CJIB) proceed with execution.

For prison sentences, incarceration follows; for fines, collection is initiated. Suspended sentences take effect upon violation of the probation period.

Specific Types of Penalties

Prison sentences are enforced immediately, with possible suspension for appeal (no longer applicable after finality). Monetary fines are processed by the CJIB, utilizing enforcement measures such as attachment. Compulsory psychiatric treatment (TBS) or conditional suspension requires multidisciplinary follow-up by the Probation Service.

The convicted individual receives a summons or order. Opposition is limited; it may only be lodged via a complaint to the court.

Rights and Protection

Convicted individuals are entitled to provisional release after serving two-thirds of their sentence (Article 15 of the Offenses Act). In case of errors, the court may suspend enforcement. This process balances the execution of punishment with humane treatment.

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