For the Abolition of the Obligation to Redress Damage as the Probation Obligation

<ns3:p>The obligation to redress damage in criminal law occurs in two legal forms: a compensatory measure (referred to in Art. 46 1 of the Penal Code) and a probation obligation (accompanying conditional discontinuance of the criminal proceedings, conditional suspension of the enforcement of a penalty and conditional early release from the remainder of the penalty of deprivation of liberty). Both of the above-mentioned forms show far-reaching similarities, and the detailed differences between them can hardly be considered rationally justified. This is particularly visible in the context of the obligation to redress damage applied in connection with conditional suspension of the enforcement of a penalty and conditional early release. In connection with this, it is justified to postulate the abolition of the obligation to redress damage as a probation obligation and to create a legal basis for adjudication this obligation as a compensatory measure in connection with conditional discontinuance of proceedings. By the way, it would be advisable to introduce the principle of adjudication the obligation to redress damage in each case of sentencing.</ns3:p>