Why do some convicts go straight to prison and others start serving their sentences in a few weeks? When does the convict have to go to prison? And how was it with the convicted Dominik Feri?
In criminal proceedings, the Court of First Instance is the first to decide. Suppose the accused is sentenced to a unconditional prison sentence. However, this does not mean that he must immediately start serving his sentence. E.g. if the convict files an appeal against the judgment, the judgment will not become final (enforceable). The Court of Appeal will have to decide first.
This was also the case in the criminal proceedings with Dominik Feri, a former Czech MP and influencer. Dominik Feri was sentenced to an unconditional three-year prison in November 2023. Against the conviction, he filed an Appeal.
Subsequently, the Court of Appeal issues a judgment. It has several options. It can, for example, reject the appeal, or annul the judgment and return the matter to the court of first instance, or annul the judgment and decide on its own. If the Court of Appeal rejects the appeal, the judgment of the Court of First Instance becomes final and enforceable: the accused becomes a convict.
If the convicted person is in custody, the Court of Appeal orders the execution of the sentence immediately. Let's assume that the defendant's appeal was rejected by the Court of Appeal, so that the conviction became final. The court pronounced the sentence in the presence of the accused brought from detention. The commencement of the sentence is immediate: the convicted person goes directly from the Court to the prison.
If the convicted person is not in detention, and his appeal has been rejected, the courts have two options.
- The Court of Appeal can send a convict from Court directly to prison. Even if the convict was not in detention up to that time. The Court can decide this way if he discovers that the convict's stay at liberty is dangerous or there is a reasonable fear that he will flee or hide.
- If there are no such concerns, the Court can grant the convicted person a reasonable (max. one month) period of time to take care of his affairs. The Court therefore orders the execution of the prison sentence and sends the convicted person a summons to begin the sentence. Here the Court indicates the prison in which the convicted person is to serve his sentence and sets a deadline for him to commence the sentence. This was also the case of the convicted Dominik Feri.
What happens if the convict does not enter the prison within the specified period? In such a case, the Court of First Instance orders the delivery of the sentenced person to serve the sentence. The Police of the Czech Republic ensures the delivery of the convicted person to the prison.
Interesting point: if the convict does not start serving his prison sentence in time, he may commit another crime - obstructing the execution of official decision. Therefore, if serious reasons (especially health situation) prevent the convict from entering prison on time, he should address a proper and timely apology to the Court.
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