Postponement of the execution of a prison sentence

Postponing the execution of a prison sentence is one of the ways for the convict to postpone his stay in prison. Postponement of the execution of a custodial sentence may be both mandatory and optional.

LinkedIn
LinkedIn
Share
Facebook
WhatsApp

What conditions must be met in order to be eligible for deferred imprisonment?

The court must postpone the execution of the sentence in the event of a mental illness or other serious illness that makes it impossible to carry out the sentence. The deferment lasts until one of these two obstacles is removed. It is worth mentioning that a serious illness is considered to be such a condition of the convict in which placing him in a prison may be life-threatening or cause serious danger to his health.

The court may (at the request of the convict) postpone the execution of the penalty of imprisonment for a period of up to one year, if the immediate execution of the penalty would result in too severe consequences for the convict or his family. What are the serious effects? The court always considers each case individually, however, as examples, it should be pointed out that it may be, for example, medical procedures, exams or important professional duties. There are also frequent cases in which the convict takes care of another member of his family.

In addition, in the case of a pregnant woman and a (convicted) person taking care of the child alone, the court may postpone the execution of the sentence for up to 3 years after the birth of the child. The court may also postpone the execution of a sentence of imprisonment for up to one year, if the number of inmates in prisons or detention centers exceeds the total capacity of these facilities on a national scale.

For what period can the court postpone the execution of the sentence?

At one time, the court may postpone the execution of a sentence of imprisonment for a period not exceeding 1 year, and the total period of deferral may not exceed 1 year.

Who cannot apply for a deferment of a prison sentence?

However, there is a group of convicts who cannot take advantage of the benefit of deferring the execution of a prison sentence in the event of prison overcrowding. These include the convicts:

  • Who have committed a crime involving violence or the threat of violence
  • acting in conditions of recidivism
  • convicts who have made a regular source of income from crimes
  • convicted of crimes specified in Art. 197–203 PC committed in connection with disorders of sexual preference

What must be contained in an application for a postponement of execution of a penalty? How much is the application fee?

The application fee is PLN 80. Let us remember, therefore, that the request for postponement of the execution of the penalty of imprisonment should be duly substantiated, so that the court, when adjudicating, could recognize that there are indeed special circumstances in the case. This is important because the court’s decision in this matter is purely discretionary.

Author:

Rafał Drzewiecki

Lawyer, Mediator

He specializes in providing legal assistance to natural persons. He attaches great importance to trying to resolve disputes amicably, including in criminal cases. He realizes his professional career in criminal law, because he served his legal training under the supervision of an attorney specializing in this field. He is particularly interested in post-penitentiary issues: the system of electronic supervision, breaks in serving the prison sentence, conditional early release.

Contact a specialist