Interruption of punishment for the sake of family

Interruption of punishment for the sake of the family is a special institution of the executive criminal law, which allows the temporary suspension of serving a prison sentence due to exceptional circumstances of a family nature. It is a derogation from the principle of uninterrupted execution of the sentence imposed, and is applicable only in cases where there are compelling humanitarian and social reasons for it. In this article we comprehensively discuss the prerequisites, principles, procedure, as well as practical aspects related to the application for a break in the execution of the sentence and its evaluation by the penitentiary court.

Table of contents

1. What is a break in serving a prison sentence?
2. Interruption of punishment for the sake of family – legal grounds
3. Prerequisites and conditions for interruption of punishment for family reasons
4. The importance of the convict’s participation and assessment of the family situation
5. Interruption of punishment – what is the procedure?
6. How long does it take to process a request for a break in sentence?
7. Evidence and justification – what is critical?
8. What are the consequences of granting a break in the sentence of imprisonment?
9. What restrictions and obligations can the court impose?
10. Possibility of recess and its limitation
11. Interruption of sentence versus conditional early release
12. The importance of advocacy support in penitentiary cases
13. The most common formal and factual errors in applications for permission for a break in punishment for the sake of the family
14. Interruption of punishment for the sake of family: summary
15. FAQ – frequently asked questions about the break in punishment

⠀

What is a break in serving a prison sentence?

An interruption in serving a prison sentence is a temporary suspension of the execution of a court-ordered sentence, by decision of the penitentiary court. During this period, the convict is not in prison, but functions in society, and this is not the same as the end of the sentence or its discontinuation. The punishment is suspended, and its further execution takes place after the end of the intermission period.

This institution was provided for in the Executive Penal Code as a tool to respond to exceptional and difficult-to-predict life situations of convicts. As a rule, it applies to sudden events that make it impossible to continue serving the sentence or justify the need for the convict’s temporary return to the family environment.

Interruption of punishment for the sake of family – legal grounds

The granting of a break in the execution of a sentence is regulated by Article 150 § 2 of the Penal Code. In accordance with this provision, the penitentiary court may grant a break in the execution of a prison sentence if there are important family or personal reasons for doing so. The nature of this regulation is optional, which means that the court’s decision is not automatic – each time it requires a thorough assessment.

Examples of situations that may justify granting a break in serving a sentence include:

• The need to care for a family member struggling with a serious illness,
• The sudden death of a spouse and the need to provide care for minor children,
• Caring for an elderly or disabled person,
• the need to solve livelihood difficulties that cannot be realized without the personal participation of the convict.

Prerequisites and conditions for interruption of punishment for family reasons

In order for the penitentiary court to grant a break, the situation must meet specific criteria. First – the circumstances must be exceptional and cannot be reduced to the natural consequences of the convict’s incarceration. Second – the presence of the convict must be absolutely necessary.

The jurisprudence of the appellate courts clearly indicates that the negative consequences of incarceration, such as the deterioration of the financial situation of the family, do not in themselves constitute a rationale for granting a break. It is necessary that only the personal presence of the convict can prevent a serious family crisis.

The importance of the convict’s participation and assessment of the family situation

When analyzing the application, the penitentiary court evaluates:

• Whether the situation described in the application is indeed exceptional,
• Whether it is impossible to provide the family with basic living conditions without the participation of the convict,
• Whether the family lacks support from other relatives,
• Whether there are other forms of institutional assistance (e.g., MOPS, OPS) that could take over the functions of the convict.

⠀

Interruption of punishment – what is the procedure?

A request for a break in the execution of a prison sentence shall be submitted to the penitentiary court having jurisdiction over the place where the sentence is served. It must be duly paid (PLN 60), justified and supported by documentation.

The court sets a date for a hearing, to which it may summon the convicted person, his defense attorney, prosecutor, probation officer, as well as a representative of the prison. It is at this stage that the legitimacy of the application is assessed.

How long does it take to process a request for a break in sentence?

The processing time depends on the workload of the court, the urgency of the case and the completeness of the documents. It usually ranges from 2 to 8 weeks, but in particularly urgent cases, such as the funeral of an immediate family member, it is possible to be recognized even within a few days. Adequate justification of the request and the inclusion of evidence are key.

Evidence and justification – what is decisive?

When submitting a request for a break in punishment, care should be taken to provide precise and factual justification. It is necessary to indicate facts confirming the exceptional nature of the family situation, the impossibility of resolving the situation without the personal participation of the convicted person and the absence of other persons capable of providing assistance.

The evidence should be in the form of:

• medical records,
• certificates from social welfare institutions,
• death certificates,
• statements by family members,
• Psychological or pedagogical opinions,
• certificates of employment or lack of earning capacity of other family members.

⠀

What are the consequences of granting a break in the sentence of imprisonment?

The granting of a break results in the temporary suspension of the sentence. The convict leaves the prison and functions at large, but is still subject to the control of the court. If the terms of the break are violated, the court may revoke it immediately and order the return to prison.

What restrictions and obligations can the court impose?

The court may subject the granting of a break to additional conditions. Among the most commonly used are:

• obligation to appear at the police unit,
• A ban on leaving a specific location,
• undertaking treatment or therapy,
• Participation in rehabilitation programs,
• taking up employment.

Failure to comply with these obligations may result in cancellation of the break.

Possibility of recess and its limitation

According to Article 153(3) of the Penal Code, a new break in punishment may not be granted until one year has passed since the date of return to prison after the previous break. Exceptions are:

• mental illness,
• other serious illness,
• other random accident.

For this reason, it is important to consider the application strategy well and choose the timing of the request properly.

Interruption of sentence versus conditional early release

If the break lasted a minimum of 12 months and the convict has served at least 6 months of the sentence, the penitentiary court may consider conditional early release. However, the final decision depends on an analysis of the overall behavior of the convict and the degree to which the goals of the sentence have been achieved.

The importance of advocacy support in penitentiary cases

Coming forward with a well-prepared application is crucial. The assistance of an experienced attorney, such as an attorney specializing in criminal law or a family lawyer, can determine a positive outcome. A professional will not only help prepare the application, but also ensure that the convicted person’s interests are effectively represented during the court session.

The most common formal and factual errors in applications for permission for a break in punishment for the sake of the family

1. No documentation to support the family situation.
2. Describing generalities instead of specific facts.
3. Failure to pay or sign the application.
4. No indication of the duration of the break.
5. Insufficient justification of the necessity of the convict’s personal participation.

⠀

Interruption of punishment for the sake of family: summary

A break in punishment for the sake of the family is an institution that allows a convict to temporarily leave prison to cope with exceptional life circumstances. The condition for its granting is the existence of extraordinary, family or personal circumstances, the effects of which cannot be offset other than by the personal participation of the convicted person.

The granting of a break is entirely at the discretion of the court, which is why it is so important to properly prepare the application, base it on solid evidence and, ideally, enlist the help of a lawyer. In the case of serious family situations, it is worth taking advantage of the experience of specialists such as a criminal lawyer or a family law attorney who can help to effectively handle the case.

FAQ – frequently asked questions about the break in punishment

Is a break in sentence a right of the convicted?

No. This is the power of the court, which may or may not grant it.

How long can a person stay on a sentence break?

A break can be granted for up to 12 months.

Is it possible to extend a break in serving a sentence?

Yes, but the total break time must not exceed a year, unless it is a serious illness.

Can a court decision be appealed?

Yes. There is a complaint within 7 days.

Is a second break in punishment for the sake of the family possible?

Yes, but not earlier than one year after the end of the previous break, with exceptions.