A final judgment does not close the case. From that moment, enforcement proceedings (postępowanie wykonawcze) begin, in which decisions are made that are as important as those in the trial: whether the sentence will be served in prison or at home with an electronic tag; whether it can be postponed, interrupted or shortened by conditional release; whether a fine can be paid in instalments before the court orders a substitute penalty. Many of these decisions are made on application – and it is the content of the application and the documents attached to it that determine what the court will be able to assess.
We help convicted persons and their families at every stage of the enforcement of a sentence: we prepare reasoned applications, attend sittings of the penitentiary court and file interlocutory appeals. We rely on the Executive Penal Code (hereinafter k.k.w.) in its 2026 consolidated text (Dz. U. z 2026 r. poz. 1307) and on the Criminal Code (k.k.).
Defence counsel in enforcement proceedings
A convicted person may be assisted by defence counsel appointed in the enforcement proceedings (Article 8 § 1 k.k.w.). Conversations between a convicted person deprived of liberty and defence counsel during visits, as well as telephone conversations, are not subject to monitoring (Article 8 § 3 k.k.w.).
The family may contact us on behalf of the convicted person – however, an authorisation signed by the convicted person himself is required for us to act in the case. In matters not regulated in the k.k.w., the Code of Criminal Procedure applies (Article 1 § 2 k.k.w.), which is why an interlocutory appeal (zażalenie) against an order is, as a rule, lodged within 7 days of its announcement or, where the law requires service, of its service (Article 460 k.p.k.).
Summons to serve a sentence – what happens after the judgment
Enforcement proceedings are initiated without delay once the ruling has become enforceable (Article 9 § 1 k.k.w.). Contrary to a common belief, the rule is that the court orders the person sentenced to imprisonment to be arrested and brought to a remand centre (Article 79 § 1 k.k.w.). Only at the convicted person's request, in a justified case, may the court summon him to report on a set date to the remand centre nearest to his place of permanent residence – if his conduct to date justifies the assumption that he will report (Article 79 § 1a k.k.w.). If he fails to report despite the summons, the court orders him to be arrested and brought in, charging him with the costs (Article 79 § 2 k.k.w.).
That is why applications – to be summoned to report voluntarily, for postponement or for electronic monitoring – are worth filing as early as possible. Filing an application does not in itself suspend the enforcement of the ruling, unless the court decides otherwise in a particularly justified case (Article 9 § 4 k.k.w.). If you want enforcement to be suspended until the application is considered, you must expressly request this and give reasons.
Electronic monitoring (SDE) – serving a sentence at home with a tag
The penitentiary court may permit a sentence of imprisonment to be served under the electronic monitoring system (system dozoru elektronicznego, SDE) if the conditions in Article 43la § 1 k.k.w. are all met:
- the sentence imposed does not exceed one year and 6 months – or is shorter than 3 years and no more than 6 months remain to be served in prison,
- the conditions of Article 64 § 2, Article 64a or Article 65 § 1 and 2 k.k. do not apply (including so-called multiple recidivism),
- there are no particular considerations indicating that the purposes of the penalty will not be achieved under this system,
- the convicted person has a specified place of permanent residence,
- the adult members of the household have given their written consent, which also covers allowing inspections (Article 43h § 3 k.k.w.),
- technical conditions permit it – the availability of transmitters and recording devices (Article 43h § 1 k.k.w.).
Where the convicted person has not yet started serving the sentence, the court also examines whether security considerations and the degree of demoralisation do not argue for placement in prison (Article 43la § 2 k.k.w.); where he is already serving it, his conduct to date is what counts (Article 43la § 3 k.k.w.). Where there are several sentences that cannot be combined and that the convicted person is to serve consecutively, their total counts (Article 43la § 6 k.k.w.). Electronic monitoring also covers a substitute sentence of imprisonment, including for a fiscal offence (Article 43lb k.k.w.).
The court may permit electronic monitoring even without the consent of a household member if this clearly does not involve excessive difficulties for that person and infringes their privacy only to a slight degree (Article 43la § 4 k.k.w.). Withdrawal of consent after permission has been granted is ineffective (Article 43h § 8 k.k.w.).
The application for electronic monitoring and obligations during monitoring
The application may be filed by the convicted person or his defence counsel, as well as by the prosecutor, a professional court probation officer (sądowy kurator zawodowy) or the prison director (Article 43lc k.k.w.). It is filed in writing, with a statement of reasons setting out the circumstances referred to in Article 43la § 1–4 k.k.w. and with the household members' consent attached (Article 43ld § 1–3 k.k.w.). The penitentiary court should issue an order within 30 days of receipt of the application (Article 43ld § 4 k.k.w.). In the statement of reasons it is worth showing specifically where and with whom the convicted person lives, whether he works or studies, whether he cares for a child or a sick person, whether he has remedied the damage – and attaching documents to prove it.
An interlocutory appeal lies against a refusal (Article 43lk k.k.w.), and the appellate court considers it no later than 7 days after receiving it together with the case file (Article 43lj § 2 k.k.w.). A renewed application in the same case filed before 3 months have elapsed since the refusal is left without consideration (Article 43ll k.k.w.). If the sentence does not exceed 4 months and the convicted person is already serving it, permission is decided by the prison's penitentiary commission – within 14 days (Article 43lla § 1, 4 and 7 k.k.w.).
During monitoring, the convicted person wears the transmitter continuously and, under stationary monitoring, remains at the designated place at the designated times and answers calls to the recording device (Article 43n k.k.w.). The court sets the time slots during which he may leave – for no more than 12 hours a day, among other things for work, medical treatment, to care for a child or a sick person, or for essential shopping (Article 43na k.k.w.). In particularly important matters, the probation officer may permit him to leave the place of monitoring on a one-off basis for up to 7 days (Article 43p § 1 k.k.w.).
The court revokes the permission, among other things, if the convicted person fails to report readiness for installation of the devices on time, commits an offence or evades his obligations (Article 43zaa § 1 k.k.w.). A renewed permission in the same case is then inadmissible (Article 43zae k.k.w.), and the convicted person is brought to a remand centre without a summons (Article 43zad k.k.w.).
Postponement of the sentence
Postponement (odroczenie) defers the start of a sentence of imprisonment:
- mandatorily – in the event of mental illness or another serious illness making it impossible to serve the sentence, until the obstacle ceases; a serious illness is a condition in which a stay in prison may endanger life or seriously endanger health (Article 150 k.k.w.),
- optionally – for a period of up to one year, if immediate enforcement of the sentence would have excessively severe consequences for the convicted person or his family; for a pregnant woman and a person who is the sole carer of a child – up to 3 years after the birth of the child (Article 151 § 1 k.k.w.).
The court may impose obligations, e.g. to seek work or undergo treatment (Article 151 § 4 k.k.w.), and may revoke the postponement if the convicted person does not use it in accordance with its purpose or flagrantly breaches the legal order (Article 156 § 1 k.k.w.). The decision is made by the court that delivered the judgment at first instance (Article 3 § 1 k.k.w.). The application must specifically demonstrate the "excessively severe consequences" – e.g. the loss of the family's only source of income, the need to complete medical treatment, or caring for a dependent person. General statements are usually not enough.
Interruption of the sentence
An interruption (przerwa) concerns a convicted person who is already serving a sentence. The penitentiary court grants it mandatorily in the event of a serious illness – until the obstacle ceases (Article 153 § 1 k.k.w.), and optionally where important family or personal considerations so warrant, within the same limits as for postponement (Article 153 § 2 k.k.w.). The application may also be filed by the prison director (Article 153 § 2a k.k.w.). A further interruption may not be granted before one year has elapsed since the return from the previous one, unless it concerns a serious illness or another unforeseen event (Article 153 § 3 k.k.w.). If the prosecutor objects to the interruption, the order becomes enforceable only once it is final (Article 154 § 1 k.k.w.).
If the interruption has lasted at least one year and the convicted person has served at least 6 months of the sentence, the penitentiary court may conditionally release him from the remainder of the sentence at any time – provided that the sentence or the total of the sentences does not exceed 3 years (Article 155 k.k.w.).
Conditional early release
The court may conditionally release a convicted person from the remainder of the sentence only if his attitude, personal characteristics and circumstances, the circumstances of the offence and his conduct while serving the sentence justify the conviction that after release he will observe the legal order, in particular that he will not reoffend (Article 77 § 1 k.k.). Serving the required part of the sentence alone is not enough. The time thresholds (Article 78 k.k.):
- as a rule – after serving at least half of the sentence,
- a recidivist under Article 64 § 1 k.k. – after two thirds,
- a person convicted under Article 64 § 2 or Article 64a k.k., or one who unlawfully obstructed the enforcement of the sentence – after three quarters,
- for a sentence of at least 25 years – after 15 years; for life imprisonment – after 30 years.
For sentences served consecutively, their total counts (Article 79 § 1 k.k.). The remaining part of the sentence constitutes the probation period, which may not be shorter than 2 years or longer than 5 years (Article 80 § 1 k.k.). Release is decided by the penitentiary court at a sitting, which should take place in the prison, with the right of the convicted person and defence counsel to take part (Article 161 § 1 k.k.w.). The court takes into account, among other things, a settlement reached in mediation (Article 162 § 1 k.k.w.). An interlocutory appeal is considered within 14 days (Article 162 § 2 k.k.w.). After a refusal, a renewed application by the convicted person or defence counsel is considered only after 6 months (sentence of up to 5 years) or after one year (over 5 years) – Article 161 § 3 and 4 k.k.w.
During the probation period the court may place the released person under the supervision of a probation officer and impose obligations (Article 159 § 1 k.k.w.). It mandatorily revokes the release if the released person has committed an intentional offence for which an unconditional sentence of imprisonment has been imposed (Article 160 § 1 k.k.w.), and may revoke it, among other things, for flagrant breach of the legal order or evasion of supervision (Article 160 § 3 k.k.w.). Time spent at liberty is then not credited towards the sentence (Article 160 § 8 k.k.w.). If the release has not been revoked during the probation period and the 6 months thereafter, the sentence is deemed to have been served at the moment of release (Article 82 § 1 k.k.).
Fines, restriction of liberty and suspended sentences
The court calls for payment of a fine within 30 days and then refers it for enforcement (Article 44 k.k.w.). Where immediate payment would have excessively severe consequences, the court may allow the fine to be paid in instalments over a period of up to one year and, in exceptional cases, up to 3 years (Article 49 § 1 and 2 k.k.w.). Where enforcement is ineffective, the court may convert a fine of up to 120 daily rates into community work – 10 daily rates correspond to one month of work of 20–40 hours (Article 45 § 1 k.k.w.). If the convicted person refuses to work, evades it or conversion is inappropriate, the court orders a substitute sentence of imprisonment – one day for two daily rates, for no more than 12 months (Article 46 § 1 and 2 k.k.w.). A substitute sentence can be avoided at any time by paying the remainder of the fine (Article 47 § 2 k.k.w.).
The court may postpone the enforcement of a restriction of liberty for up to 6 months (Article 62 § 1 k.k.w.) or interrupt it for up to one year (Article 63 § 2 k.k.w.). Where the convicted person evades serving it, the court orders a substitute sentence of imprisonment – one day for two days of restriction of liberty remaining to be served (Article 65 § 1 k.k.w.). The convicted person and defence counsel have the right to take part in that sitting (Article 65 § 3 k.k.w.).
For a suspended sentence, the court mandatorily orders its enforcement, among other things, where the convicted person committed a similar intentional offence during the probation period and received an unconditional sentence of imprisonment (Article 75 § 1 k.k.), and optionally – for flagrant breach of the legal order or evasion of a fine, supervision or obligations (Article 75 § 2 k.k.). It may then reduce the sentence, by no more than half (Article 75 § 3a k.k.). The order may not be made later than one year after the end of the probation period (Article 75 § 4 k.k.).
Cumulative judgment
If the offender committed several offences before the first judgment, even a non-final one, was delivered in respect of any of them, and the sentences were imposed in separate cases, the court imposes a cumulative sentence (Article 85 § 1 k.k.) – within the range from the highest of the sentences to their total, but not more than 30 years' imprisonment (Article 86 § 1 k.k.). The cumulative judgment (wyrok łączny) is delivered by the court that delivered the last conviction at first instance or, where courts of different levels have ruled, by the higher court (Article 569 § 1 and 2 k.p.k.), ex officio or at the request of the convicted person or the prosecutor (Article 570 k.p.k.). Where the cumulative sentence does not exceed the period of sentences already served, the presiding judge orders release without delay, unless the convicted person is deprived of liberty in another case (Article 576 § 2 k.p.k.).
An application is not always advantageous. The court may combine suspended sentences and impose a cumulative sentence without suspension – one month of a suspended sentence counts as 15 days of an unconditional sentence (Article 89 § 1a and 1b k.k.). Of a sentence from which the convicted person was conditionally released, only the period actually served is credited (Article 82 § 2 k.k.). Before filing an application, we analyse all the judgments and calculate the possible scenarios.
Expungement of a conviction and limitation of enforcement
Upon expungement (zatarcie skazania), the conviction is deemed never to have occurred, and the entry is removed from the register of convicted persons (Article 106 k.k.). Expungement takes place by operation of law: for a sentence of imprisonment – 10 years after it has been served, remitted or become time-barred (Article 107 § 1 k.k.); for restriction of liberty – after 3 years (Article 107 § 4 k.k.); for a fine – after one year (Article 107 § 4a k.k.); and for a suspended sentence – one year after the end of the probation period (Article 76 § 1 k.k.).
At the convicted person's request, the court may order expungement after just 5 years if the convicted person has observed the legal order and the sentence of imprisonment did not exceed 3 years (Article 107 § 2 k.k.). Expungement does not take place before a penal measure, forfeiture or compensatory measure has been enforced (Article 107 § 6 k.k.) – unpaid compensation ordered in the judgment blocks it. Where there are several convictions, only the simultaneous expungement of all of them is possible (Article 108 k.k.).
A sentence may not be enforced if, since the judgment became final, 30 years have elapsed (imprisonment of more than 5 years), 15 years (up to 5 years) or 10 years (other penalties) – Article 103 § 1 k.k. Serving a sentence of imprisonment in the same or another case suspends the running of the limitation period (Article 15 § 4 k.k.w.).
Penitentiary courts in Gdańsk and Pomerania
The penitentiary court is the regional court (sąd okręgowy) in whose district the convicted person is located (Article 3 § 2 k.k.w.); in electronic monitoring matters – that court or the prison's penitentiary commission (Article 43e § 1 k.k.w.). In Gdańsk, these cases are handled by the 6th Penitentiary and Criminal Judgment Enforcement Supervision Division of the Regional Court in Gdańsk (VI Wydział Penitencjarny i Nadzoru nad Wykonywaniem Orzeczeń Karnych Sądu Okręgowego w Gdańsku), ul. Nowe Ogrody 30/34. If the convicted person is serving a sentence in a facility located in the district of another regional court, applications for conditional release or interruption are considered by the penitentiary court of that district. Postponement, payment of fines in instalments, substitute sentences and expungement on application are, as a rule, matters for the court that delivered the judgment at first instance (Article 3 § 1 k.k.w.).
Our firm is located in Gdańsk at al. Grunwaldzka 87/91 lok. 10. We handle enforcement cases in the Tri-City and throughout the Pomorskie Voivodeship and, at the client's request, also in other parts of Poland. Before the judgment – see criminal law and fiscal penal cases. When the convicted person is in prison, it is enough for the family to contact us.
Frequently asked questions
Can I serve my sentence at home, with an electronic tag?
This is possible if the sentence does not exceed one year and 6 months (or is shorter than 3 years and no more than 6 months remain to be served), multiple recidivism does not apply, you have a permanent place of residence, the adult members of your household consent in writing and the devices are available (Article 43la § 1 k.k.w.). The court also assesses whether the purposes of the penalty will be achieved under this system.
Does an application for electronic monitoring suspend the summons to prison?
Not automatically. Filing an application does not suspend the enforcement of the ruling, unless the court decides otherwise in a particularly justified case (Article 9 § 4 k.k.w.). It is worth filing the application early and requesting suspension of the enforcement of the sentence at the same time.
When can I apply for conditional early release?
As a rule, after serving half of the sentence; for recidivists – after two thirds or three quarters (Article 78 k.k.). A positive prognosis is required (Article 77 § 1 k.k.). After a refusal, a renewed application is considered after 6 months or after one year, depending on the length of the sentence (Article 161 § 3 and 4 k.k.w.).
Can the family itself file an application for interruption or conditional release?
The right to file an application belongs to the convicted person and his defence counsel and also, among others, to the prosecutor, the prison director and the probation officer (Article 19 § 1, Article 153 § 2a, Article 161 § 2 k.k.w.). The family can, however, arrange defence counsel – with the convicted person's authorisation – and provide documents confirming important family considerations.
I cannot afford to pay a fine. What can I do?
You can apply for the fine to be paid in instalments – over up to one year and, in exceptional cases, up to 3 years (Article 49 k.k.w.). Where enforcement is ineffective, the court may convert the fine into community work (Article 45 k.k.w.). A substitute sentence of imprisonment can be avoided by paying the remaining amount (Article 47 § 2 k.k.w.).
When will my conviction be expunged?
For a fine, one year after it has been paid; for restriction of liberty, after 3 years; for imprisonment, after 10 years; and for a suspended sentence – one year after the end of the probation period (Article 107 and Article 76 § 1 k.k.). Expungement will not take place until, for example, an obligation to remedy damage has been fulfilled (Article 107 § 6 k.k.).
Is a cumulative judgment always worthwhile?
No. The court may combine suspended sentences with an unconditional sentence and impose a cumulative sentence without suspension (Article 89 § 1a and 1b k.k.). Before filing an application, it is worth analysing all the judgments and calculating the possible scenarios.