Considerations on the loss of remission provided for in article 127 of the Penal Execution Law

Abstract

The article examines the loss of remission provided for in article 127 of the Penal Execution Law, analyzing the legal nature of the decision in an incident in the penal execution process, the existence of the rebus sic stantibus clause, and the constitutional principles violated. The exposition argues that the decision granting remission is a definitive sentence in the strict sense, which becomes formally and materially res judicata, and that the rebus sic stantibus clause applies only to decisions concerning the form of serving the sentence, not to those affecting its quantity. The text argues that decreeing the loss of remission violates res judicata, proportionality, and individualization of the penalty. The investigation concludes in favor of a restrictive interpretation of the provision.