Application for Release from the Remainder of the Sentence of Restriction of Liberty – When Can It Be Filed and What Should It Contain?
Pursuant to Article 83 of the Penal Code, individuals sentenced to restriction of liberty have the option to apply for early release from serving the remaining part of their sentence.
However, to be eligible to apply for release, specific conditions must be met.
Conditions for Release from the Remainder of the Sentence
» Serving at least half of the sentence
The convicted person must document that they have served at least half of the imposed sentence of restriction of liberty.
» Compliance with the legal order
During the period of serving the sentence, the convicted person must not have committed any crime, petty offence (misdemeanor), or civil wrong.
» Fulfilment of imposed obligations
The convicted person must have fulfilled all imposed obligations, adjudicated penal measures, compensatory measures, and any forfeiture.
Structure of a Model Application
» Formal Part
The heading should include the details of the addressee (the competent district court, criminal division), the case reference number, the convicted person’s details, and the defence counsel’s details (if applicable). The application must contain an unambiguous request for release from the remainder of the sentence of restriction of liberty, citing Article 83 of the Penal Code.
» Justification
This section should contain a description of the judgment under which the sentence of restriction of liberty was imposed, information on the serving of the required part of the sentence, evidence of compliance with the legal order, and fulfilment of imposed obligations. It must be demonstrated that the aims of the punishment (e.g., rehabilitation, redress for the victim) have been achieved.
» Attachments
The application should be accompanied by: authorization for legal representation (if the application is filed by a defence counsel), confirmation of payment of the court fee, information from the National Criminal Register, opinions from the place of community service and employment, and evidence of fulfilment of imposed obligations (e.g., confirmation of apology, proof of compensation payment).
Examples of Elements for the Justification
In the justification of the application, fulfilment of all conditions specified in Article 83 of the Penal Code must be detailed. It is advisable to highlight positive changes in the convicted person’s attitude, their commitment to performing community service, reconciliation with the victim, and redress of the damage caused. Documenting the absence of any breaches of the legal order during the sentence period is also crucial.
When formulating the justification, attention should be paid to specific facts confirming that the aims of the punishment have been achieved despite its incomplete execution. In assessing the application, the court will consider both the formal fulfilment of conditions and the individual circumstances relating to the convicted person and the committed act.
It is worth considering seeking assistance from a lawyer specializing in criminal cases, as submitting a complete application with appropriate justification and attachments increases the chances of a positive outcome and having the remaining part of the sentence deemed served. The decision in this matter is discretionary, meaning that even if all conditions are met, the court may, but is not obliged to, grant the convicted person’s application.
The application is subject to a court fee of PLN 45.