Shortening a penal measure - when is it possible?

Most people have probably heard of conditional early release from a sentence of imprisonment. The Polish Criminal Code, however, also provides another option that matters greatly to convicted persons: shortening the term of a penal measure.

What are penal measures?

A penal measure is a kind of additional penalty (indeed, it used to be called exactly that), aimed at preventing the convicted person from committing the same prohibited act again in future. The list of penal measures that courts can impose on offenders is quite extensive. In practice, the most commonly applied are:

• a ban on driving motor vehicles,
• a ban on attending mass events,
• a prohibition on holding specified positions or pursuing a specified profession.

Penal measures can often be more burdensome for the offender than the principal penalty imposed alongside them. This can be the case, for example, with a driving ban imposed on someone for whom driving is a necessity because they live in an area without public transport, or because their job requires frequent travel. Worse still, there are situations where the court’s hands are tied and it must impose a penal measure because the law requires it. It is also worth remembering that, in certain circumstances, a driving ban can be imposed on an offender for life.

When can an application be made to shorten a penal measure?

Under the applicable provisions, the court can deem a penal measure to have been served before the full term has elapsed, provided the convicted person has complied with the law and the measure has already been in force for at least a year.

Conditions:

• at least half of the period for which the penal measure was imposed has elapsed,
• the convicted person has not broken the law,
• an appropriate application has been lodged with the court for the penal measure to be deemed served.

What about a penal measure imposed for life?

Where a penal measure has been imposed for life, the court can deem it served if:

• at least 15 years have passed since the measure began to be enforced,
• the convicted person has complied with the law,
• there is no concern that they will reoffend,
• the penal measure is not one of the exceptions discussed below.

When is shortening not possible? Exceptions

The law provides for two important exceptions in which the court cannot shorten the term of a penal measure:

1. A prohibition on pursuing a profession or activity - where the conviction was for:
   • an intentional offense against the life or health of a minor,
   • an offense against sexual freedom or decency committed to the detriment of a minor.
2. A ban on driving motor vehicles - where, at the time of the offense, the offender:
   • was intoxicated or under the influence of an intoxicant,
   • fled the scene.

What is the procedure?

1. The convicted person or their defense counsel lodges an application with the court for the penal measure to be deemed served.
2. The application should be well reasoned - it is worth demonstrating that the convicted person:
   • complies with the law,
   • poses no danger to society,
   • carries out the obligations imposed by the court (for example, attending therapy, if this was ordered).
3. The court examines the case and takes a decision - it may, but is not obliged to, deem the penal measure served.

FAQ

1. Can I apply after just a few months of the penal measure being in force?

No. An application can only be made once at least a year, and half of the period imposed, has passed.

2. Can I write the application myself, or do I need an advocate?

You can lodge the application yourself, but a well-prepared statement of reasons drafted by a lawyer improves the chances of a favorable outcome.

3. Can I appeal against a refusal to shorten a penal measure?

Yes. An interlocutory appeal lies against a court decision refusing to deem the penal measure served.

If you need help preparing an application, or want to check whether you can apply to have a penal measure shortened, get in touch with us. We will review your situation and help improve the chances of a favorable court decision.