Significant role of house arrest in prevention of prisonism

Abstract

In this paper, the author discusses the opportunity provided by prescribing the measure of ban on leaving the home and by whose assistance the defendant can so to say serve the prison sentence in home environment for a time period exceeding one year. Namely, by Criminal Code it is envisaged that the prison sentence can be served in home environment solely if the stated prison sentence is up to a year. Court can adopt the measure of ban on leaving the home for the defendant, with condition that the measure is to last as long as required and until the time the sentence is enforced, that is until the time of sending the defendant to serve the given sentence, consisting of deprivation of freedom. The time the defendant spends in house arrest has to be included into the sentence as the ban on leaving the home in accord with Law on Criminal Procedure (from herein after the Law) is regarded as a form of deprivation of freedom. Quite often, the criminal proceedings last for a few years, depending on complexity and other factors ad in this way, while waiting for other regulations and in cases of crimes where the lower limit of the recommended sentence is high, insistence on applying the measure as an alternative to custody, enabling the defendant to avoid facing any penalty institution or shorten the stay in it, and hence the risks of consequences emerging on personalities of defendants, such as prisonism and other do decrease.