
In short
On a summons that comes from the sentence-enforcement prosecution, the kind of penalty, the place of surrender, and the authority are read. Imprisonment, a judicial fine, and a security measure do not fit in the same surrender sentence. If the date and the institution are written on the paper, they are taken from there. If they are not written, the line is not completed. Not being present does not drop the enforcement. The summons is not a notification of deletion of the record, or a decision lifting a ban.
The three lines looked for on the paper
The first line to be read is the kind of the sanction. The second line is the place where surrender will be made, or the unit where the payment will be made. The third line is the sentence-enforcement prosecution that issued the summons. If the three do not stand together, the one that is missing is not guessed from the other. If the court, the merits, and the decision number are not on the paper, a number is not invented. If there is a number, the number is compared with the merits on the judgment. If there is a mismatch, which file is being enforced is seen from this comparison.
The enforcement bureau of another province is not put in place of the authority on the envelope. Whichever province’s sentence-enforcement prosecution the summons came out of, the authority is that line. The name of the city does not change the place of surrender. If the institution of surrender is written in another province on the paper, the institution line is taken as the basis. The authority and the institution can be in different places. The two are not joined by being pulled into the same city.
A summons of the investigation prosecution to a statement, or to delivery of papers, is not an enforcement summons. The investigation is the stage before the action is brought and the judgment becomes final. The course of that stage is in the article on a prosecution investigation. If the sentence-enforcement prosecution is not written in the heading of the envelope, the paper is not read as an enforcement summons. If the heading says enforcement, an investigation statement is not the subject of this envelope.
Imprisonment, a judicial fine, and a security measure
If the paper says imprisonment, the subject is surrender to the institution that is shown. The name of the institution is on the paper. If there is no name, an institution is not chosen from this text. If it says a judicial fine, the subject is payment first. The amount to be paid stands on the paper or in the judgment in the annex. If the amount is not written, the amount is not completed. Whether an unpaid judicial fine will be converted to imprisonment is read from the amount in the judgment and the regime in Law No. 5275. If there is no conversion decision separately on the paper, the payment summons is not treated as converted into surrender to prison. If there is a conversion decision, which amount the decision took as the basis is read from that decision.
A security measure is not taken to the same place as surrender for imprisonment. The name of the measure is read as it stands on the paper and in the judgment. If the name is not written, the kind of measure is not completed. The period and the place of the measure are looked for together in the judgment and in the enforcement writing. If one is missing, the other does not fill the period of its own accord.
If the paper mentions an application for supervised release, that condition is not built in this article. The condition is read from the enforcement legislation under supervised release. If both surrender and an application are on the paper, both lines stand. One is not a route that will take the other’s place. If there is only surrender on the paper, enforcement outside the institution is not written on top of the surrender line. If there is an application line, the application does not erase the surrender. If a decision of the enforcement judge has come out separately, that decision is read separately from the summons.
If a copy of the judgment stands in the annex of the summons, the copy is compared with the kind line on the paper. If the copy says imprisonment and the paper says a judicial fine, the conflict is written. One of the two kinds is not chosen before the conflict is removed. If there is no annex, the kind is read from the paper’s own line. A payment order that came from the enforcement office does not take the place of this annex. An enforcement file is the pursuit of a debt such as a note or maintenance. The enforcement summons is the paper of a criminal sanction that has become final. Even if the two envelopes came on the same date, if the merits numbers are separate, the amounts and the places of surrender are not joined.
When going to the place written on the paper, the paper itself and the copy of the judgment in the annex are taken together. Identity is compared with the name on the paper. If the name does not match, the surrender is not treated as completed before the mismatch is removed. If the date has passed, the obligation does not fall of its own accord. The date that passed is written separately in the enforcement file. A new date is not added from this text. If the new date is in a writing of the sentence-enforcement prosecution that issued the summons, it is taken from there. If there is no writing, the old paper is not of no effect. The paper stands. If the place line is in a state that cannot be read, the place is completed from the other side of the paper or from the annex. If that is not there either, a place is not invented. The line is read by being asked from the file.
The service annotation, and the founding number
The service annotation is read together with the date on the summons. The annotation shows to whom, and on which date, the paper reached. If there is no annotation, the surrender date is not completed from this article. Service made on the attorney is not erased as if it had never been notified to the principal. Service made on the principal is not read on its own either if the attorney record is standing. Which service was taken as the basis is seen from the record on the envelope.
If the annotation of finality stands on the paper or in the annex, it is read. If it is thought that a remedy is continuing, the file and the annotation are compared. The comparison is not a ground for treating the summons as absent. The difference between appeal and cassation is in a separate article. If there is no separate decision that the enforcement was stayed, the summons is read together with the annotation. A stay decision is not assumed in this text. That a request was made does not suspend the surrender line before the decision comes out.
If the person is in an institution under another judgment, the new summons can belong to a separate enforcement file. The file number is read from the paper. If there is no number, the files are not treated as joined. Being inside does not have the surrender line on the new summons treated as fulfilled of its own accord. Which judgment is being enforced is seen by comparing the institution record with the summons number. If there is no comparison, the two enforcements are not announced as joined.
The counterpart in the enforcement of not going
Not being present on the surrender date does not drop the enforcement. For a sentence of imprisonment, an arrest of the person who did not come can be operated in the enforcement file. The arrest is not the summons being treated as absent. It is the counterpart in the enforcement of the obligation on the summons not being fulfilled. This article does not describe a route of postponing the surrender. That the address has changed does not have the paper treated as unopened either. If the new address was notified to the enforcement file, the notification record is read. While there is no notification, service that went out to the old address is not announced as without effect of its own accord. The procedure of the service is followed from the piece of service and from the decision relating to it.
Not opening the paper does not erase the debt in a judicial fine. If the payment was made, the receipt is compared with the collection line in the enforcement file. If there is no comparison, the debt is not treated as closed. A partial payment does not close the whole of the amount on the paper. The remainder is seen from the record. If the conversion step has started, which amount the step took as the basis is in the enforcement papers. If there are no papers, the conversion is not assumed to have been completed.
A signature under judicial control is not an enforcement summons. The signature list is in the article on judicial-control obligations. The definition of the measure is under judicial control. Going to a police station or a signature unit does not take the place of the institution of surrender on the paper. The wrong door does not change the surrender line. If the two obligations fell on the same date, both stand. One does not close the other.
Results the summons does not notify
The summons is not a notification that the criminal record was deleted. The archive and deletion sit in the record article. The period is read from the offence in the decision and the regime in Law No. 5352. Complying with the summons is not treated as having taken the conviction line into the archive, or as having taken it out of the archive. A prohibited right does not come back with this envelope either. The right to vote, to be elected, or a professional ban does not open of its own accord when the summons is complied with. That decision is under restoration of prohibited rights.
A record relating to the deferral of the announcement of the judgment is not the subject of this envelope. The summons comes out for the enforcement of a sanction that has become final. A judgment whose announcement was deferred is not read like surrender to prison while there is no decision of announcement. If the paper nevertheless says surrender, the paragraph in the founding judgment and the paper are compared. If the paragraph and the paper conflict, the conflict is written. The conflict is not used as a ground for treating the surrender line as absent. The correction is followed from the record in the enforcement file.
If the summons counts more than one sanction at the same time, each line is read separately. Surrender for imprisonment does not close the payment of the judicial fine of its own accord. Payment of the fine does not take the place of surrender for imprisonment. The security measure is not lost between the two either. Which line was fulfilled is seen from the record entered in the enforcement file. If there is no record, the line is not treated as closed.
Conclusion
The summons paper is read with the kind of penalty, the place of surrender, and the authority side by side. A missing line is not invented. If the date is not on the paper, a date is not added. Not being present does not drop the enforcement. The condition of supervised release, the criminal record, and a prohibited right are not resolved inside this envelope. The frame is on the criminal law page. The basis of enforcement is in the text of Law No. 5275. If the paper itself is in hand, the lines are read from the paper. For reaching the office, the contact page stands.