The penitentiary judge supervises the legality and regularity of the penalties imposed on soldiers. This applies to imprisonment, substitute imprisonment, military detention, detention or substitute detention, order, pre-trial detention, detention, a measure of restraint resulting in deprivation of liberty, and a detention order in a psychiatric institution.
Penalty of restriction of liberty
The penalty of restriction of liberty against soldiers of the military service is performed by the commander of a separate military unit. However, in the case of soldiers of other service than the basic one, this penalty is performed by the commander of the military unit in which the convicted person is on duty, or another competent commander. Also at the request of the commander, exemption from carrying out the rest of the sentence may be granted.
Soldiers undergo military training when carrying out a prison sentence. It is aimed at consolidating the acquired military knowledge, maintaining physical and mental fitness, and increasing discipline. Military training in a penitentiary institution for persons serving a sentence of military detention is directed by an officer designated, on the basis of separate regulations, to perform tasks outside the army. The officer in charge of the military training is the deputy director of the prison, as well as the superior of professional soldiers assigned to perform tasks in this regard. The director of the penitentiary institution, before making decisions related to the execution of the sentence, gets acquainted with the opinion of the officer in charge of the military training. This officer is part of the penitentiary commission.
Principles of distribution of prisoners
The following convicts are placed separately:
- professional non-commissioned officers, overtime and periodic service;
- other soldiers.
In the event of a verdict against a soldier of expulsion from professional military service or degradation, the court orders the execution of the adjudicated measure by the competent commander and notifies the military authority appropriate in personnel matters about the content of the decision. If a soldier has been subjected to another punitive measure, the court also notifies the commander of the military unit in which the convicted person has recently served, and the military authorities competent in personnel matters.
If a convicted civil person is placed under supervision by a military court, the court requests a competent common court to appoint a probation officer. If a soldier is dismissed from active military service after the conviction, the court requests a competent common court to appoint a probation officer.
Temporarily arrested soldiers of active service are placed in pre-trial detention in separate cells.
[Legal status as at 18/08/2020]