
The legislator introduced, with effect from 1 October 2023, a new negative condition for permitting a person to serve a custodial sentence in the electronic monitoring system: conviction under the conditions specified in Article 65(1) and (2) of the Penal Code. Therefore, the question arises as to what the scope of the amendment in fact is, as well as whether it is possible to apply the electronic monitoring system in case of a perpetrator (convict) who committed a prohibited act before the amendment entered into force – and therefore whether the general intertemporal principles applicable in substantive criminal law apply in such situations. According to the author, this issue is not resolved by the transitional provisions of the amending act, and the actual "field of fire" of the amendment is much narrower than it might seem.
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