Suspension of Sentence

Why Does Suspension Exist and Who Is It For?

The justice system does not always work in absolute terms. There are cases when a convicted person should indeed begin serving a sentence immediately. However, the law provides for the possibility of suspending or postponing a sentence in justified situations.

At the Kancelaria Płatek, we understand that sudden imprisonment can have devastating consequences for the convicted person and their family. For years, our attorneys have been assisting clients with preparing applications, gathering evidence, and representing them before the court in suspension of sentence cases. We operate not only in Wrocław but across all of Poland.

Motion to Suspend a Prison Sentence – What It Is and When It Applies

A motion for suspension of sentence is a written request to delay the execution of a sentence already imposed by the court. Often, personal, family, or health circumstances make serving a sentence at a given time extremely difficult, or even socially harmful.

The most common reasons considered by the court:

• Severe illness – when treatment in prison is impossible or life-threatening,
• Childcare – particularly in the case of single parents,
• Family situation – where imprisonment would deprive the family of support or livelihood,
• Pregnancy – or caring for a child under the age of three.

The court verifies every argument carefully and requires proper documentation (medical records, official statements, family documents). Our role is to help gather this evidence and present it in a convincing way.

Postponement of Sentence for a Year – What Happens Next?

By law, a suspension of sentence may be granted for a maximum of one year (sometimes split into several periods, but not exceeding 12 months in total before the sentence begins).

• If the reasons still exist when the suspension ends, a new application may be filed.

• If the justification is ongoing and well-documented, the court may extend the deferment.

• If the reasons are temporary (e.g., medical treatment), once they cease,

• the court will order the convict to begin serving the sentence.

Exception: pregnant women or those caring alone for a child under three may request further postponements as long as such care remains necessary.

Postponement of sentence for a year. What’s next? That is, how much can the suspension be extended

The regulations indicate that under normal circumstances, deferral (withholding) of a sentence may be granted for a maximum of 1 year, sometimes divided into several deferments. In total, it may not exceed 12 months in the period prior to serving the sentence.

If the end of the last granted deferral is approaching, and the reasons have not ceased – you reapply. The court then assesses whether the circumstances still justify the suspension.

• If the situation has not changed, and the reason is still valid, it is possible to extend the postponement of the sentence.

• If the motivation was temporary (e.g., medical treatment), and the reasons have already ceased, the court will summon the convict to begin serving his sentence.

There is an exception – women who are pregnant or independently caring for a child under the age of three have the right to request further postponements as long as such care remains necessary.

When Courts Say “No” – Rejection of Suspension Requests

The most common reasons for rejecting an application are:

• Insufficient justification – health problems that can be treated in prison,

• Availability of other caregivers – when the family can receive support from others,

• Financial difficulties – inability to pay loans is not sufficient if the family can remain self-sufficient,

• Type of crime – courts rarely grant suspension for violent, sexual, or organized crime convictions.

If an application is rejected, a complaint can be filed with a higher court.Legal support is strongly recommended at this stage.

How Long Does It Take to Process a Suspension Request?

The timeline depends on the court’s workload, complexity of the case, and whether experts are needed. On average, it takes several weeks to a few months. The process usually involves:

1. Submitting a request for suspension of sentence,
2. Court examination of arguments and documents (sometimes asking for expert opinions),
3. Issuing a decision – either granting or rejecting the application.

If the decision is negative, an appeal may be filed.

What If the Court Rejects the Application?

If the court refuses suspension, you have the right to appeal to a higher court. Sometimes additional documentation is required. A lawyer can be crucial here – reviewing the case, identifying weaknesses, and preparing an appeal strategy. Even if the appeal fails and imprisonment begins, it is still possible to apply for a break in sentence (if new important health or family reasons arise).

Suspension of Sentence vs. Break in Sentence – What’s the Difference?

Suspension of sentence (deferment) applies when the sentence has not yet started. Break in sentence applies when the convict is already in prison and requests an interruption for justified reasons. Both procedures are evaluated under different criteria.

Why Choose the Kancelaria Płatek?

For years, we have been providing legal support in misdemeanor, economic, and general criminal cases, including enforcement proceedings. By entrusting us with your case, you benefit from:

• Well-prepared applications – we ensure formal and substantive correctness,

• Evidence collection – we help gather expert opinions and supporting documents,

• Court representation – we explain the situation, answer questions, and respond to the judge,

• Remote support – we represent clients nationwide, offering online and phone consultations,

• Prompt action – we know how crucial time is in criminal matters.

At the Kancelaria Płatek, we approach each case individually. From the very first consultation, we analyze your situation and advise on how to maximize your chances of suspension.

Suspension of Sentence: FAQ – Frequently Asked Questions

Does suspension apply to all prison sentences?

In principle, yes. However, for serious crimes such as violent or sexual offenses, the chances of success are minimal.

Are deferment and suspension of sentence the same thing?

Yes. In practice, these terms are used interchangeably to describe postponement of imprisonment.

What can be done if the request is denied?

You may appeal to a higher court. If the decision is upheld, you must begin serving the sentence, but you may still apply for a break later.

Is it worth filing a suspension request?

Yes, if you have serious and legitimate reasons. Even if denied, you will know that all possible legal defenses were used.