Conditional suspension of a sentence - what you should know

An acquittal - a rarity in Polish courts

An acquittal in a criminal case is a great rarity in a Polish court. The legislature has, however, included several mechanisms in the Criminal Code (Kodeks karny, KK) that soften the severity of the criminal sanctions provided for offenses. One of these is the conditional suspension of the execution of a sentence of imprisonment, thanks to which an offender can avoid serving time in prison even where the law does not provide for a fine or restriction of liberty for the act in question.

Conditions for applying a conditional suspension of sentence

The court’s ability to apply a conditional suspension of the execution of a custodial sentence is, however, subject to several conditions.

1. No prior conviction - first and foremost, suspension is only possible if the offender had not already been sentenced to imprisonment at the time the offense was committed. This rule is designed to rule out a situation that used to occur fairly often in the past, in which courts suspended sentences for the same person several, or even a dozen or so, times in a row.
2. The suitability of suspension - a further condition is that suspending the sentence must be sufficient to achieve its purposes as regards the offender. In practice, this means that courts are more likely to use this option for a person with a stable life situation who has not previously come into conflict with the law, so that they can be expected not to commit further prohibited acts in future.
3. The maximum length of sentence - a custodial sentence eligible for suspension cannot exceed one year, which effectively rules out this solution for offenders who have committed serious offenses, or whose degree of guilt and degree of social harm were significant.

The probation period and the convicted person’s additional obligations

When suspending the execution of a custodial sentence, the court sets a so-called probation period, running from one to three years from the date the judgment becomes final. At the same time, the court can impose various obligations on the offender - for example, to apologize to the victim, or to undergo addiction therapy. Suspending the execution of a custodial sentence also does not preclude the court from imposing on the offender penal measures, such as a driving ban, or compensatory measures, such as an obligation to make good the damage. Courts also very often place offenders under probation officer supervision during the probation period.

Because a suspended custodial sentence is conditional in nature and may in the end never be served, courts very often also impose a fine alongside it, so as to dispel any impression that the offender goes unpunished. If the court later orders the suspended custodial sentence to be put into effect, the fine ceases to be enforceable, and if the convicted person has already paid it, the custodial sentence is reduced by a period corresponding to half the number of daily rates of the fine that were paid, rounded up to the nearest full day.

The possibility of reinstating the sentence

During the probation period, the convicted person must be careful to comply. The court can order the sentence to be put into effect not only if the offender commits a further offense, but also where they fail to fulfill the obligations imposed by the court, fail to pay the fine imposed, or evade the probation officer’s supervision ordered against them. Importantly, an order putting the suspended custodial sentence into effect can be made not only during the probation period, but also up to a year after it ends.

Expungement of the conviction

If the convicted person successfully completes the probation period, the conviction is expunged by operation of law one year after it ends. Where a fine, a penal measure, forfeiture, or a compensatory measure has also been imposed on the convicted person, expungement of the conviction cannot take place before these have been enforced, remitted, or have become time-barred.

FAQ

1. Can every convicted person benefit from a conditional suspension of sentence?

No. The court may conditionally suspend the execution of a sentence only in respect of a person who, at the time the offense was committed, had not been sentenced to imprisonment, and, moreover, the court must consider that suspending the sentence is sufficient to achieve its purposes as regards that particular offender.

2. How long does the probation period last?

The probation period runs from 1 to 3 years and starts from the date the judgment becomes final.

3. What happens if I break the conditions of the probation period?

The court can order the custodial sentence to be put into effect even if the convicted person does not commit a further offense, but evades the obligations imposed on them.