Implementation of criminal punishment in the form of custodial restraint using electronic monitoring tools
Criminal penalty in the form of custodial restraint is a form of punishment alternative to imprisonment. It means the implementation of the punishment is carried out under conditions that exclude the isolation of the convicted from the society. In the theory of law, the concept "custodial restraint" refers to the legal phenomenon to summarize legislative restrictions that arise in the course of unlawful behavior. When the state restricts freedom of the offender, it limits his/her ability to choose the action in its sole discretion fully or partially. The article deals with the execution of criminal penalties in the form of custodial restraint. The author of the article analyses effectiveness of electronic monitoring tools in the process of supervision, identifies problematic aspects of the implementation of custodial restraint connected with organizational, legal and technical problems. According to data obtained from control devices of electronic monitoring systems, more 36 thousand violations of the regime have been identified and recorded since the beginning of the criminal punishment in the form of custodial restraint. The article is of great importance as the subject of the research is the current legislation, regulations governing the imposition and implementation of criminal punishment in the form of custodial restraint, and control of this category of prisoners.