Name of the judgement or the probation decision

Sentence for deprivation of liberty, the execution of which is conditionally suspended

Wyrok skazujacy na kare pozbawienia wolnosci z warunkowym zawieszeniem jej wykonania

Classification of this judgement or the probation decision

Suspended sentence

Legal basis of this judgement or the probation decision

Article 69 § 1 of the Penal Code of the Republic of Poland of June 6th, 1997

Article 69. § 1. The court may conditionally suspend the execution of a penalty of deprivation of liberty of up to 2 years or execution of a fine adjudicated as a one-off penalty, if it is regarded as sufficient to achieve the objectives of the penalty with respect to the offender, and particularly to prevent him from relapsing into crime.

§ 2. In suspending the execution of a penalty, the court shall primarily take into consideration the attitude of the offender, his personal characteristics and conditions, his way of life to-date and his conduct after the commission of the offence.

Article 70. § 1. Suspension of the execution of a penalty shall be granted for a probation period, which runs from the time the sentence becomes valid and final and is for:
1) from 2 to 5 years - in the case of a conditional suspension of the execution of a penalty of deprivation of liberty,
2) from one year to 3 years - in the case of a conditional suspension of the execution of a fine or a penalty of restriction of liberty.

§ 2. In the case of the conditional suspension of the execution of a penalty with respect to a offender who is a young offender or the one specified in Article 64 § 2, the probation period is from 3 to 5 years.

Additionally, on the ground of Art. 60 § 3 of Penal Code of the Republic of Poland of June 6th, 1997, the sentencing court may conditionally suspend an execution of a deprivation of liberty with regard to the culprit who has cooperated with investigative agency.

Art.60§ 3. The court shall apply be applied an extraordinary mitigation of the penalty or may even conditionally suspend the execution of the penalty, with respect to a offender who, co-operating with others in the commission of an offence, reveals information pertaining to the persons involved therein or essential circumstances thereof, to the agency responsible for its prosecution.

§ 4. Upon a motion from the state prosecutor, the court may apply an extraordinary mitigation of the penalty or even conditionally suspend the execution of the penalty with respect to a offender, who irrespective of any explanation provided in his case, revealed and presented to the agency responsible for prosecution, essential circumstances, not previously known to that agency, of an offence subject to a penalty exceeding 5 years deprivation of liberty.

§ 5. In the cases referred to in § 3 and 4, the court, in imposing the penalty of deprivation of liberty for up to 5 years, may conditionally suspend the execution of the penalty for a probation period of up to 10 years, if it recognises that, in spite of not serving the penalty, the offender would not commit the offence again.

Definition of this judgement or the probation decision

The sentence for deprivation of liberty, the execution of which is conditionally suspended is a judicial decision rendered by a trial court immediately after hearing the case. It consists of an adjudication of guilt, imposition of a punishment, and of a decision to suspend it's execution (probation decision)

Legal Conditions of this judgement or the probation decision

The court should take into consideration the culprit's attitude, his personal character's features, previous lifestyle.

An application of a suspended sentence in general is excluded with regard to repetitive offenders defined in art. 64 § 2 which refers to art. 64 § 1 of the Polish Penal Code

Art. 69 § 3. Suspension of the execution of the penalty shall not be applied to the offender as specified in Article 64 § 2, unless there is an exceptional case justified by extraordinary circumstances; suspension of the execution of the penalty specified in Article 60 § 3 through 5 shall not be applied to the offender as specified in Article 64 § 2.

Article 64. §1. If a offender sentenced to the penalty of deprivation of liberty for an offence committed with intent, during the 5 year period after having served at least 6 months of the penalty, commits an intentional offence similar to the offence for which he had been sentenced, the court may impose the penalty of deprivation of liberty, prescribed for the offence committed, within the statutory limits, up to the highest statutory penalty further increased by a half.

§2. If a offender previously sentenced in under the conditions specified in §1, who has served the total of at least one year's deprivation of liberty and in the period of 5 years after the serving of the last penalty in full or in part, again commits an intentional offence against life or health, or rape, robbery, housebreaking or burglary, or other offence against property, committed with the use of violence or the threat of violence, the court shall impose the penalty of deprivation of liberty, prescribed for the offence committed, exceeding the lower statutory limit, or may impose a penalty up to the highest statutory penalty further increased by a half.

Type of probation measures

The measures are set for in Article 72§ 1 of the Polish Penal Code

Article 72. § 1. In suspending the execution of a penalty, the court may obligate the sentenced person :
1) to inform the court of the probation officer about the progress of the probation period,
2) to apologise to the injured person,
3) to carry out a duty incumbent upon him in order to provide support for another person,
4) to perform remunerated work, to pursue an educational activity or train himself for an occupation,
5) to refrain from abusing alcohol or using narcotics,
6) to submit to medical treatment, particularly drug withdrawal or rehabilitation programmes,
7) to refrain from frequenting specified community circles or places,
8) to engage in other appropriate conduct in the probation period, if it may prevent the commission of a further offence.

§ 2. The court may obligate the offender to redress the damage in whole or in part (...)

Combination of sanctions or measures

While suspending execution of imprisonment the court may impose a fine (Art. 71§1 of Penal Code of the Republic of Poland of June 6th , 1997
Article 71. § 1. In suspending the execution of a penalty, the court may impose a fine of up to 180 times the daily rate, if its imposition is not provided for on another basis. In suspending the execution of a penalty of restriction of liberty, the court may impose a fine of up to 90 times the daily rate.

Authority responsible for taking such a decision

Sentencing court- it could be a court of first or of second instance

Authority responsible for supervising

Probation officer - is a professional employed in the court system

The execution of the probation measures in a sense of decision making is within a scope of competence of the district (lowest level) court which exercises territorial jurisdiction over the convict's residence. However, the responsibility for supervising offenders serving probation sentence lies with probation officers who consist the Probation Service. Probation officers are appointed by a president of a circuit court for an unlimited term. They can be removed from the post only in the course of disciplinary proceedings. Formally they are employees of the 46 district courts. Professional probation officers are supported by volunteers i.e. by voluntary probation officers. They are also nominated by president of a circuit court but receive no remuneration for their work just only lump sums as a reimbursement of expenses. Both professional and voluntary probation officers report to the team leader who is situated at the level of district court. Team leaders work is coordinated by a Circuit Probation Officer who is subordinated to the president of a circuit court. Within the structure of the Ministry of Justice there is a Department of Enforcement of Judgments and Probation exercising administrative and organizational supervision over the Probation Service.

The main tasks of the probation officer embrace supervision convict's behavior, especially his compliance with obligations imposed on him by the court and to report to the court on any facts and circumstances which are substantial for a due execution of the sentence. The probation officers collect information through personal contacts with the convict and interviewing persons from convict's social environment.

Authority responsible in case of infringement

Probation officer is obliged to notify the first instance court about any infringement of the terms of suspension. The first instance court may revoke suspension and order execution of the prison term that has been initially imposed. The court can also modify the list of probation measures- i.e. obligation imposed on a convict while living the prison term suspended.

Name of the judgement or the probation decision

Sentence for limitation of liberty
Wyrok skazujacy na kare ograniczenia wolnosci

Classification of this judgement or the probation decision

Alternative sanction

Legal basis of this judgement or the probation decision

According to Articles 34 and 35 of the Polish Penal Code of June 6^th, 1997:

Article 34. § 1. Unless otherwise provided by law, the penalty of restriction of liberty shall be for not less than one month and not more than 12 months; it is imposed in terms of months.

§ 2. While serving the penalty of restriction of liberty, the sentenced person:
1) may not change his permanent place of residence without the permission of the court,
2) shall be obligated to perform work designated by the court,
3) shall be obligated to provide explanations regarding the progress of terms of serving the penalty.

Article 35. § 1. The obligation specified in Article 34 § 2 subsection 2 shall be to perform supervised work for 20 to 40 hours a month, without remuneration and for community purposes designated by the court, in a suitable establishment, health service or social welfare unit, organisation or institution conducting charity work or work for the purposes of a local community.

§ 2. With regard to an employee, the court may decide that, instead of the obligation specified in§ 1, between 10 and 25% of the remuneration shall be deducted for the benefit of the State Treasury or for the community purpose so designated by the court; the sentenced person while undergoing this penalty may not terminate his employment without the permission of the court.

Definition of this judgement or the probation decision

The sentence for limitation of liberty is a judicial decision rendered by a trial court immediately after hearing the case.

Legal Conditions of this judgement or the probation decision

There are no specific conditions with regard to the culprit and his personal features. There is no requirement of consent. There are also no subject exclusion with regard to the kind of an offence.

Type of probation measures

Besides the obligations set for in the art. 34 and 35, (see above) the court can subject the convict to supervision of probation officer and may additionally impose on the convict certain obligation.

Combination of sanctions or measures

N/A

Authority responsible for taking such a decision

Sentencing court- it could be a court of fist of second instance

Authority responsible for supervising

Probation officer (see above)

Authority responsible in case of infringement

Probation officer is obliged to notify the first instance court about any infringement of the terms of punishment. The first instance court may revoke suspension and order execution of the prison term that has been initially imposed. The court can also modify the list of probation measures- i.e. obligation imposed on a convict while living the prison term suspended.

Name of the judgement or the probation decision

Conditional early release from imprisonment

Warunkowe przedterminowe zwolnienie

Classification of this judgement or the probation decision

Conditional release

Legal basis of this judgement or the probation decision

Conditional release of a convict serving prison term is set for in the Art. 77-78 of the Polish Penal Code of June 6^th ,1997 :

Article 77. § 1. The court may conditionally release a person sentenced to a custodial sentence from serving the balance of the penalty, only when his attitude, personal characteristics and situation, his way of life prior to the commission of the offence, the circumstances thereof, as well as his conduct after the commission of the offence, and while serving the penalty, justify the assumption that the offender will after release respect the legal order, and in particular that he will not re-offend.

§ 2. In particularly justified cases the court, in imposing the penalty of deprivation of liberty, may determine more rigorous restrictions to prevent the possibility of him benefiting from the conditional release other than those specified in Article 78.

Article 78. § 1. The sentenced person may be conditionally released after serving at least half of the sentence, albeit with a minimum of 6 months.

§ 2. The sentenced person specified in Article 64 § 1 may be conditionally released after serving two-thirds of the sentence, and the sentenced person specified in Article 64 § 2, after serving three quarters of the sentence; the conditional release may not occur before the lapse of one year.

§ 3. The person sentenced to 25 years of deprivation of liberty may be conditionally released after serving 15 years of the sentence, and the person sentenced to deprivation of liberty for life, after serving 25 years of the sentence.

Definition of this judgement or the probation decision

Conditional release is a judicial decision rendered by a penitentiary court in the executive phase of criminal proceedings.

Legal Conditions of this judgement or the probation decision

Besides the requirements regarding the prison term served there must be a positive prognosis referring to convict's obedience to legal order.

Type of probation measures

The penitentiary court along with early release may impose on the convict an obligation :
1) to inform the court of the probation officer about the progress of the probation period,
2) to apologise to the injured person,
3) to carry out a duty incumbent upon him in order to provide support for another person,
4) to perform remunerated work, to pursue an educational activity or train himself for an occupation,
5) to refrain from abusing alcohol or using narcotics,
6) to submit to medical treatment, particularly drug withdrawal or rehabilitation programmes,
7) to refrain from frequenting specified community circles or places,
8) to engage in other appropriate conduct in the probation period, if it may prevent the commission of a further offence.

Combination of sanctions or measures

N/A

Authority responsible for taking such a decision

Penitentiary court which consist of a life tenured judge (circuit court).

Authority responsible for supervising

Probation officer- a professional employed by the court (see above).

Authority responsible in case of infringement

Probation officer is obliged to notify the penitentiary court about any infringement of the terms of release suspension. The court may revoke release suspension and order execution of the prison term remaining. The court can also modify the list of probation measures- i.e. obligation imposed on a convict.

Name of the judgement or the probation decision

Conditional discontinuance of the criminal proceedings
Warunkowe umorzenie postepowania karnego

Classification of this judgement or the probation decision

Conditional sentence

Legal basis of this judgement or the probation decision

Art. 66, 67, 68 of Polish Penal Code.

Article 66. § 1. The court may conditionally discontinue the criminal proceedings if the guilt and social consequences of the act are not significant, the circumstances of its commission do not raise doubts, and the attitude of the offender not previously sentenced for an intentional offence, his personal characteristics and his way of life to date provide reasonable grounds for the assumption that even in the event of the discontinuance of the proceedings, he will observe the legal order and particularly that he will not commit an offence.

§ 2. Conditional discontinuance shall not be applied to the offender of an offence for which the statutory penalty exceeds 3 years deprivation of liberty.

§ 3. In the event that the injured party has been reconciled with the offender, the offender has redressed the damage or the injured party and the offender have agreed on the method of redressing the damage, the conditional discontinuance may be applied to a offender of an offence for which the statutory penalty does not exceed 5 years deprivation of liberty.

Article 67. § 1. The conditional discontinuance shall be made for the term of probation which is between one and two years, which shall run from the date the judgement becomes valid and final.

§ 2. In discontinuing conditionally the criminal proceedings, the court may, in the probation period, place the offender under the supervision of a probation officer or a person of public trust, association, or community organisation whose activities include educational care, preventing the demoralisation of or providing assistance to sentenced persons.

§ 3. In discontinuing conditionally the criminal proceedings, the court shall require the offender to redress in whole or in part the damage, and may impose on him the obligation specified in Article 72 § 1 sections 1-3 or 5, and also adjudicate a pecuniary consideration as specified in Article 39 section 7, and an interdiction on driving a vehicle as specified in Article 39 section 3, for a period of up to 2 years.

§ 4. The provision of Article 74 shall be applied accordingly.

Article 68. § 1. The court shall resume the criminal proceedings, if the offender has during the probation period committed an intentional offence, for which he has been validly and finally sentenced.

§ 2. The court may resume the criminal proceedings if the offender during the probation period flagrantly breaches the legal order, and in particular if he committed an offence other than that specified in

§ 1, evades supervision, does not perform the obligations or penal measure imposed or if he does not fulfil the settlement concluded with the injured person.

§ 3. The court may resume the criminal proceedings if, after the decision on the conditional discontinuance was rendered but before it became valid and final, the offender flagrantly breached the legal order, and in particular if he committed an offence within that time.

§ 4. The criminal proceedings conditionally discontinued may not be resumed any later than 6 months after the expiration of the probation period.

Definition of this judgement or the probation decision

Conditional discontinuanceis a judicial decision rendered by a trial court according to one of the following models:
a) upon a motion of public prosecutor lodged to the court instead of act of indictment, i.e. without hearing the case; in such case the offender must consent to the conditional discontinuance;
b) immediately after hearing the case in first or second instance.

Conditional discontinuanceliterally does notconsist of an adjudication of guilt, however finding guilty is its prerequisite. It does not consist any punishment. It may comprise also the imposition of the conditions.

Legal Conditions of this judgement or the probation decision

The court shall find accused guilty and find circumstances of the offence clear. It must find also guilt and social consequences of the act not significant.

The offender must not be previously penalised for an intentional offence, his personal characteristics and his way of life to date provide reasonable grounds for the assumption that even in the event of the discontinuance of the proceedings, he will observe the legal order and particularly that he will not commit an offence.

The proceeding concerns an offence for which the statutory penalty exceeds 3 years deprivation of liberty or 5 years deprivation of liberty in case of reconciliation or redressing the damage.

Type of probation measures

1) Redressing in whole or in part the damage (mandatory measure).
2) Placing the offender under the supervision of a probation officer or a person of public trust, association, or community organisation whose activities include educational care, preventing the demoralisation of or providing assistance to sentenced persons (non-obligatory measure).
3) Informing the court of the probation officer about the progress of the probation period (non-obligatory measure).
4) Apologising to the injured person (non-obligatory measure).
5) Carrying out a duty incumbent upon him in order to provide support for another person (non-obligatory measure).
6) Refraining from abusing alcohol or using narcotics (non-obligatory measure).
7) Pecuniary consideration (non-obligatory measure).
8) Interdiction on driving a vehicle (non-obligatory measure).

Combination of sanctions or measures

N/A.

Authority responsible for taking such a decision

Sentencing court- it could be a court of first or of second instance

Authority responsible for supervising

Probation officer - is a professional employed in the court system (see above)

Authority responsible in case of infringement

Probation officer is obliged to notify the first instance court about any infringement of the terms of probation. The first instance court may resume criminal proceedings and complete it with imposing the punishment.

Probation measures / alternative sanctions

Explanation

Obligation for the sentenced person to inform a specific authority of any change of residence or working place

This obligation is provided for in Polish domestic law.

There are no particular limitations of this obligation

Obligation not to enter certain localities, places or defined areas in the issuing or executing State

This obligation is provided for in Polish domestic law in two variants:
a) General model, without particular limitations of the obligation
b) Specific model

According to Article 72. § 1.5 of the Penal Code of June 6^th, 1997: In suspending the execution of a penalty, the court may obligate the sentenced (...) to refrain from frequenting specified community circles or places. There are no more detailed provisions regulating the matter so judge may exercise his discretion while determining specific conditions of this obligation. The convict may be placed under probation's officers supervision. In such a case the responsibility to control compliance with the obligation lies with probation officer. The instruments available to probation officers that enable him to perform the control are: interviews, consulting evidence collected in the course of criminal proceedings, and also his personal observations. There are no specific instruments to control compliance with the said obligation in case of convict who is not placed under supervision of probation officer. However any official body that obtains information on such infringement as well as natural person, including the victim of crime, may notify the court.

Such an obligation is so far not provided by Polish law.

However, it can be covered by Article 72. § 1. 8 of the Penal Code:"In suspending the execution of a penalty, the court may obligate the sentenced person (...) to engage in other appropriate conduct in the probation period, if it may prevent the commission of a further offence. There is no specific mechanism that could be used for controlling the compliance. The measure could be enforced similarly to the solutions provided for the obligation not to enter certain localities, places or defined areas.

Instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity

This obligation is provided for in Polish domestic law in four variants:

a) The court may impose interdiction on occupying specific posts, the exercise of specific professions or to engage in specific economic activities, if the offender has abused his post or profession, or has shown that by his continuing in the present post or profession would threaten certain essential interests protected by law. The interdiction is imposed for a period ranging from 1 up to 10 years. As its term is not correlated with the term of the probation, it is treated as penal measure.

b)The court imposes an obligation to prevent from staying in particular environments or places or an interdiction of leaving a specified whereabouts without the court's permission, while sentencing to imprisonment for an offence against sexual latitude or decency committed against a minor; the obligation or interdiction may be cumulated with an obligation to report regularly to the Police station or other agency. The interdiction is imposed for a period ranging from 1 up to 15 years. As its term is not correlated with the term of the probation, it is treated as penal measure.
However, the court shall impose such an interdiction forever, when the offender has been previously convicted in the circumstances aforementioned.

c) The court may oblige the offender to carry out a duty incumbent upon him in order to provide support for another person, to perform remunerated work, to pursue an educational activity or train himself for an occupation and to refrain from abusing alcohol or using other intoxicants.

d) In general the court may oblige the sentenced person to engage in other appropriate conduct in the probation period, if it may prevent the commission of a further offence.
Since there are no specific instructions provided by law the scope of the obligation is a subject of judicial discretion

Obligation to report at specified times to a specific authority

This obligation is provided for in Polish domestic law.
According to Article 73 § 1of Penal Code:
" In suspending the execution of a penalty, the court may, in the probation period, place the offender under the supervision of a probation officer or a person of public trust, association, or community organisation whose activities include educational care, preventing the demoralisation of or providing assistance to sentenced persons."

Obligation to avoid contact with specific persons

This obligation is provided for in Polish domestic law in two variants:

a) General model, without particular limitations. Since there are no specific instructions provided by law the scope of the obligation is a subject of judicial discretion.

b)There is also specific variant of this obligation. The court may impose an interdiction of communicating with particular persons while sentencing for an offence against sexual latitude or decency committed against a minor as well as for the offence committed intentionally by using violence, including the offence against the person nearest to the offender; the interdiction may be cumulated with an obligation to report regularly to the Police station or other agency.

The interdiction is imposed for a period ranging from 1 up to 15 years. As its term is not correlated with the term of the probation, it is treated as penal measure.
However, the court shall impose such an interdiction forever, when the offender has been previously convicted in the circumstances aforementioned.

Obligation to avoid contact with specific objects, which have been used or are likely to be used by the sentenced person with a view to committing a criminal offence

Literally there is not such an obligation provided for by Polish law. However, the court may obligate the sentenced person to engage in other appropriate conduct in the probation period, if it may prevent the commission of a further offence. Since there are no specific instructions provided by law the scope of the obligation is a subject of judicial discretion

Obligation to compensate financially for the prejudice caused by the offence and/or an obligation to provide proof of compliance with such an obligation

This obligation is provided for in Polish domestic law.

There is a variety of legal instruments aiming at compensation of damages provided by Polish law, and one of them is of probational nature. According to Article 72 § 2 of the Penal Code the court may obligate the offender to redress the damage in whole or in part (...). The execution of the measure lies with the district court holding jurisdiction over convict's residence place. The court may require a proof of payment from the convicts or may rely on information from the beneficiary to determine whether the conditions of probation are met.

Obligation to carry out community service

Such an obligation can be imposed only as a part of a limitation of liberty as it is prescribed in Art. 34-35 of the Polish Penal Code

Obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons

The court may obligate the sentenced person to engage in other appropriate conduct in the probation period, if it may prevent the commission of a further offence. Since there are no specific instructions provided by law the scope of the obligation is a subject of judicial discretion.

Obligation to undergo therapeutic treatment or treatment for addiction

This obligation is provided for in Polish domestic law.
Since there are no specific instructions provided by law the scope of the obligation is a subject of judicial discretion.
The convict must consent to be subjected to this obligation.

Other probation measures/alternative sanctions existing in your domestic law

Explanation

Probation measures

Probation measures are:
- obligation to apologise the injured person,
- obligation to leave a place shared together with injured person.

Penal measures

Penal measures, which can be imposed along with suspended sentence are:
- interdiction on driving vehicles,
- making the sentence publicly known.

The period of penal measure is not correlated with the term of the probation. Moreover, its imposition is irrespective of suspending the deprivation of liberty. Thus, the penal measure may go with incarceration as well as with suspended sentence.

The other special measure of probationary nature is warunkowe zwolnienie z przymusowego leczenia (conditional release from mandatory treatment) defined in the Article 97 of the Polish penal code (see below).