Unpaid community service. Legal and jurisprudential barriers regarding the possibilities of execution

Abstract

This paper aims to examine the issue of unpaid community service, with a focus on highlighting cases identified both in legal doctrine and in jurisprudence that may pose obstacles to its enforcement. In this regard, the objective is to analyze potential legal challenges and impediments from the dual perspective of current legislative provisions and recent case law, with an emphasis on identifying possible legislative gaps, inconsistencies among normative acts, and formulating proposals de lege ferenda.
Accordingly, the primary legal institutions subject to analysis will be the postponement of the application of the sentence and the suspension of sentence execution under supervision, particularly in light of the issue of the offender’s consent to perform unpaid community service. Furthermore, the paper will address unpaid community service as a means of individualizing the criminal fine when imposed as a sole penalty.