Michał Surówka
advocate
SURÓWKA Law Firm
Postponement of Imprisonment – Request for Suspension of Sentence Execution
It is worth emphasizing that this article is of a general nature. For an individual consultation, please contact Attorney Michał Surówka directly at 883-921-775 or via email at adwokat.m.surowka@kancelariasurowka.pl. The law firm is based in Krakow but provides services throughout the entire country.
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The suspension of the execution of a prison sentence is an issue that concerns many individuals who have received a final judgment from a criminal court. However, for the court to suspend the sentence, specific conditions related to the health of the convicted person or the severe consequences for them or their family must be met. A convicted person seeking such a court order should ensure legal support from a competent specialist who will thoroughly analyze their situation and prepare a professional request for the suspension of the execution of a prison sentence.
In this article, we explain, among other things, whether and in which cases one can apply for the suspension of a prison sentence or a break in the execution of such a sentence, and how such cases typically proceed in practice.
Is it possible to obtain a suspension of the execution of a prison sentence?
In the context of whether a suspension of the execution of a prison sentence is achievable, it is worth noting that after a criminal court judgment becomes final, whether from the first or second instance, in which the convicted person was sentenced to prison without a conditional suspension of its execution, it is only a matter of weeks before they receive a summons to appear at the appropriate detention facility to begin serving the sentence, unless they are already in temporary detention.
The means potentially serving to delay the start of the sentence is submitting a relevant request to the court. However, it should be noted that the conditions for granting such a suspension are specified in the Executive Penal Code and are usually treated by courts very restrictively. A suspension of the prison sentence is possible in the case of mental illness or another serious illness preventing the execution of the sentence. A serious illness preventing the execution of the sentence occurs when placing the convicted person in a correctional facility would pose a threat to their life or cause serious danger to their health.
In each case, it is necessary to verify whether we are dealing with a health condition that has a real chance of qualifying as meeting the above criteria, i.e., whether it is – unfortunately – bad enough to involve significant disturbances in basic organ systems, threatening their function cessation or death, or serious deterioration of their health. Analyzing this situation is crucial if the client is keen on obtaining the suspension of their prison sentence.
In the practice of courts ruling on both the suspension and granting a break in the execution of a prison sentence, significant emphasis is placed on determining whether the convicted person actually has the health condition described above, and if so, whether it is possible to ensure an adequate medical response from the prison healthcare service or external medical entities cooperating with the prison healthcare system, as if such response is possible, the court’s decision to suspend or grant a break will be unlikely. If the court finds that the health condition described above exists, coupled with the lack or severely limited ability to respond appropriately in prison isolation conditions, then the court will have a duty to order the suspension of the execution of the prison sentence. In such a case, the court will suspend the sentence not for six months, one year, etc., but until the convicted person’s health stabilizes to a degree that allows for the safe execution of the prison sentence, which will be periodically verified.
In extreme cases, such as permanent disability or conditions in which the prison cell would not be accessible due to, for example, permanently limited consciousness of the convicted person, consideration should be given not to suspending the execution of the sentence but to suspending the execution of the prison sentence based on Article 15 § 2 of the Executive Penal Code.
Furthermore, the legislator also provides for the possibility of a discretionary (i.e., dependent on the court’s discretion) suspension of the execution of a prison sentence for up to one year, if immediate execution of the sentence would result in excessively severe consequences for the convicted person or their family. In such a situation, the suspension can even occur multiple times for periods, for example, three times for four months or four times for three months, but the total suspension period (counted from the date of the first decision on this issue) cannot exceed one year. In this case, it should be noted that the basis for applying for the suspension of a prison sentence will not be such severe consequences that are a natural result of the sentence itself, i.e., worsening the financial situation of the convicted person’s family, reducing the convicted person’s contact with their children, etc. To successfully invoke this condition, certain atypical, very serious circumstances must exist, justifying the suspension of the prison sentence, and the evaluation of the client’s life situation should always be done individually in such cases.
Is it possible to obtain a break in the execution of a prison sentence?
A request for a break in the execution of the sentence can be filed by the convicted person or their legal representative when the convicted person is already imprisoned, i.e., serving their sentence in a penitentiary institution. This contrasts with a request for the suspension of the execution of a prison sentence, which should be filed and considered before the convicted person is imprisoned. If such a request is filed and in the meantime the convicted person is placed behind bars, it should be treated as a request for a break, though ideally, it should be appropriately modified, especially if based on grounds that justify only the discretionary granting of a suspension or a break.
Do the grounds for applying for the suspension of the execution of a prison sentence differ from those concerning a break in the execution of such a sentence? Regarding health issues, they are the same in both cases. Similarly, the break is granted for the necessary time, with no limit – the duration of the break depends on the needs arising from the individual health situation of the convicted person.
When comparing the suspension of a prison sentence and a break in its execution, attention should be drawn to an important issue. Unlike the suspension, the grounds for granting a break are regulated differently. When applying for a break, the legislator refers to important family and personal reasons (unlike in the case of suspension, where the grounds are excessively severe consequences for the convicted person or their family). In this case, the examination of whether the client’s case involves important family and personal reasons that would justify granting a break in the execution of the prison sentence should be done individually, but again, these cannot be reasons that naturally result from the mere fact of imprisonment and its related family, financial, and other consequences.
Suspension of the execution of a prison sentence and a break in the prison sentence in practice
As an attorney in Krakow with experience in handling such cases for clients, I observe that the more serious the penitentiary situation of the convicted person, the harder it is to obtain either a suspension or a break in the execution of the prison sentence. Although the main grounds for granting these measures concern health issues, the longer the imposed prison sentence, the more thoroughly and restrictively the legal grounds for applying a suspension or break are examined. The type of correctional facility where the sentence is served (open, semi-open, closed facility), etc., is also of importance.
Moreover, correctional facilities, as a rule, declare to the courts that treatment of the convicted person in isolation is possible, which very often constitutes sufficient grounds for the courts to deny the suspension or break in the execution of the prison sentence. Furthermore, medical consultations for convicted persons incarcerated in correctional facilities, even those in external medical facilities, take place under the supervision of the Prison Service. The convicted person often has no opportunity for a free conversation with a doctor or to present relevant documentation, test results, etc. Therefore, in cases concerning the suspension of a prison sentence the intervention of a lawyer is often necessary already at the correctional facility level, during the stage of gathering relevant documentation and a certain type of lobbying regarding the information the Correctional Facility will provide the court about the convicted person’s health status, rather than at the stage of filing the request to the court or penitentiary court.
In cases regarding both the suspension and the break in the execution of a prison sentence, the key element is formulating a comprehensive, well-justified request supported by appropriate documentation and containing detailed motions for the suspension or granting of a break in the execution of the prison sentence, and its preparation should be preceded by a thorough audit of the convicted person’s life and health situation. The more precise and complete the request, the more seriously it will be considered by the court, which, in turn, increases the chances of achieving the intended goal of the request.
SURÓWKA Law Firm offers clients professional legal support in cases concerning the suspension or break in the execution of a prison sentence. We work with full dedication, both in preparing substantive requests and taking appropriate legal interventions at correctional facilities. We show initiative and keep our clients informed about the progress of their cases, ensuring that they feel their interests are cared for by not only a competent specialist but also an empathetic person.
Our services are also sought by individuals interested in suspending the execution of a prison sentence. This can last until, for example, the consideration of a request for permission for electronic monitoring or the suspension of the execution of a prison sentence. It is worth noting that, just like in the previously discussed cases, a professionally formulated and well-argued legal document – a request for suspension of the execution of a prison sentence – plays a crucial role.
As SURÓWKA Law Firm, we provide services not only in the area of criminal law in Krakow. Our specializations also include:
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