CRIMINAL AND TECHNICAL ASPECTS OF THE IMPOSITION AND EXECUTION OF A HOME PRISON PENALTY IN THE SLOVAK REPUBLIC

Abstract

In 2006, the penal system in the Criminal Code was enriched by previously unused types of punishments, including the home prison penalty. So called alternative sentences, which should be a significant competition against real imprisonment in the case of minor offenses. The incorporation of new types of alternative sanctions into our legislation reflects the period of the second half of the 20th century, which can be described not only as a period of revolutionary political-economic changes, but also in terms of criminal justice, as a period of seeking new forms of justice to replace some inflexible institutes in criminal law. The use of these alternatives is based on the concept of restorative justice, which is in contrast to the repressive concept of retributive criminal justice. Alternative penalties may include those which do not entail the imposition of imprisonment connected with the isolation of the convicted person. The advantage of alternative punishments is that the criminal is spared the damaging consequences of imprisonment. He is not exposed to the negative aspects of this punishment and remains integrated in society, being able to continue to maintain social, family and work relationships, which can significantly improve the remedy of criminal.