When a judgment is issued sentencing someone to a term of imprisonment, the obligation to serve that sentence is generally unquestionable. However, real-life circumstances can vary, and sometimes they form the basis for granting a temporary interruption in the execution of a prison sentence.
Under the provisions of the Polish Executive Penal Code, an interruption in the execution of a prison sentence may be either mandatory or discretionary.
The court is obligated to grant an interruption in the execution of the sentence if the convicted person suffers from a mental illness or another serious illness that prevents them from serving the sentence. It is important to note that the interruption lasts until the obstacle ceases to exist (Article 153 § 1 of the Executive Penal Code).
Discretionarily, the court may also grant an interruption if there are important family or personal reasons justifying it (Article 153 § 2 of the Executive Penal Code).
An interruption on the basis of significant family or personal reasons may be granted for a period of up to one year. The penitentiary court may grant either one interruption for up to one year or several interruptions whose total duration does not exceed one year.
The competent penitentiary court to hear such a request is the one within whose jurisdiction the correctional facility is located.
In order for the court to grant a discretionary interruption based on important family or personal reasons, the convicted person must substantiate and properly justify those reasons. Clearly, preparing such a request requires experience and a solid understanding of the legal framework.
As a law firm with experience in criminal matters, we ensure the preparation of applications for temporary interruption of prison sentences that not only meet all legal requirements but are also of the highest quality. Feel free to contact us.