Analysis and evaluation of the legal regulation, de lege lata, concerning the imposition of a custodial sentence in the Slovak Republic

In the article, the author dealt with imprisonment as a type of criminal sanction. He pointed out the fact that the said punishment has the status of ultima ratio in the system of punishments in the Slovak Republic and at the same time that this punishment can be considered a universal type of punishment, as it can be imposed for any criminal offense. The author characterized the basic principles of sentencing in general, the substantive conditions of imprisonment contained in the Criminal Code, the various forms of serving this sentence and also pointed out the application problems related to imprisonment, as well as institutes of punishment related to imprisonment. In particular, he addressed aspects that modify custodial sentences, including the issue of concurrence and recidivism. She also characterized the position of imprisonment as an ultima ratio in the context of imposing alternative sentences. To this end, it analyzed the relationship between imprisonment and selected alternative sentences, as well as relevant statistics. She pointed out how imprisonment determines the imposition and specific sentences of house arrest as an alternative sentence. She concluded by considering how the existence of private prisons, which are the place where a custodial sentence is served, could affect the extent to which it is imposed by the courts. In relation to the individual partial issues addressed, he also formulated de lege ferenda proposals.

sanction, imposition of punishment, imprisonment, prison, Criminal Code