- Business in Poland -
Postponement of imprisonment – who can apply and what documents to prepare
Postponement of imprisonment is a legal institution under the Polish Executive Penal Code that allows the start of a final prison sentence to be temporarily suspended. It does not overturn the judgment or change the sentence itself. It only postpones the moment the sentence is enforced if the statutory grounds set out in the Executive Penal Code are met [1].
In practice, postponement of imprisonment is particularly important for people who, due to their health condition, family situation, or exceptional life circumstances, cannot immediately report to prison. In business crime and management-related cases, there is an additional factor - the need to ensure business continuity, hand over responsibilities, and limit the organisational impact on the company. However, arguments of this kind must be carefully documented and are always assessed on a case-by-case basis.
Postponement of a prison sentence - when it is possible
Under Articles 150 and 151 of the Executive Penal Code, the court may grant a postponement of enforcement of a sentence under two main regimes [1].
Mandatory postponement
The court must postpone enforcement of the sentence if the convicted person suffers from a mental illness or another serious illness that makes serving a prison sentence impossible. This refers to a condition in which imprisonment could create a serious risk to the convicted person’s health or make the sentence impossible to serve. In such cases, up-to-date medical certificates, treatment records, and often a specialist opinion are of key importance [1].
Discretionary postponement
Under Article 151 of the Executive Penal Code, the court may postpone enforcement of a prison sentence if its immediate enforcement would cause excessively severe consequences for the convicted person or their family. This is the provision most commonly relied on in practice. The assessment is discretionary, but not arbitrary. The court examines whether the difficulties cited are genuinely exceptional and whether they are directly linked to the need for immediate imprisonment [1].
Examples may include:
- the need to provide personal care for a seriously ill family member,
- single-handedly raising a child with no realistic possibility of arranging alternative care,
- an urgent need to resolve essential personal or health-related matters,
- the need to put professional or property matters in order, but only where the consequences would be truly extraordinary and severe.
Postponement of imprisonment conditions - what the court examines
The phrase postponement of imprisonment conditions frequently appears in search engines, but in practice there is no single closed list of circumstances. The penitentiary court primarily examines:
- whether the sentence is final and due to be enforced,
- whether the statutory grounds under Articles 150 or 151 of the Executive Penal Code exist,
- whether the circumstances presented are real, current, and properly documented,
- whether postponement would be contrary to the purposes of enforcing the sentence,
- for what period the postponement should be granted.
As a rule, discretionary postponement may be granted for up to one year. In health-related cases, the postponement lasts for as long as the obstacle preventing enforcement of the sentence continues to exist [1].
Properly preparing the legal arguments is procedurally important. In cases where there is also a parallel risk of criminal liability or a need for a broader analysis of the enforcement situation, support from a team specialising in criminal law may be helpful, especially where family, health, and professional arguments need to be combined.
Application for postponement of imprisonment - what it should look like
An application for postponement of imprisonment should be specific, logical, and supported by documents. Simply referring to a difficult personal situation is usually not enough. The application should be filed with the court that issued the first-instance judgment. The motion should include the standard procedural elements as well as a precise statement of reasons.
The application should include:
- the convicted person’s details and the case reference number,
- a statement that the request concerns postponement of enforcement of a prison sentence,
- the legal basis - Article 150 or Article 151 of the Executive Penal Code,
- a description of the factual circumstances,
- a request to admit specific evidence,
- the period of postponement requested,
- a list of attachments.
What documents to prepare for an application for postponement of imprisonment
The documents should confirm not only the existence of the life difficulty itself, but also its scale, its current nature, and its direct impact on the ability to serve the sentence. The most commonly required documents are:
- medical certificates, hospital discharge summaries, test results, and specialist opinions,
- documents relating to the family situation - children’s birth certificates, disability certificates, and documents confirming the need to provide care,
- financial and professional documents - contracts, employment certificates, and documents relating to business activity,
- statements and documents confirming that alternative care cannot be arranged,
- other evidence showing that immediate imprisonment would cause excessively severe consequences.
In cases involving entrepreneurs and senior executives, documents showing the real impact of imprisonment on corporate duties, responsibility for regulatory processes, relationships with counterparties, or the job security of employees may be particularly important. Mere assertions about playing an important role in the company are usually insufficient. Concrete data and supporting documents are needed.
Most common mistakes in applications for postponement of imprisonment
In practice, the three most common problems are:
- filing an application without documents or with documents that are too general,
- relying on ordinary difficulties rather than exceptionally severe ones,
- failing to show a link between the stated circumstance and the need for immediate enforcement of the sentence.
Acting too late is also a mistake. If the reporting date for prison is close, the time available to gather evidence and prepare a coherent justification is significantly reduced. In enforcement matters, speed matters, but the quality of the evidence matters even more.
This material is for information purposes only and does not constitute legal advice.
If the situation requires an assessment of procedural prospects, preparation of documents, or urgent action before imprisonment begins, it may be worth instructing KKZ lawyers to conduct an analysis via https://www.kkz.com.pl/.
FAQ - postponement of imprisonment
Does postponement of imprisonment mean the judgment is overturned?
No. Postponement of imprisonment concerns only moving the date on which the prison sentence begins. The judgment remains final and enforceable.
Who can file an application for postponement of imprisonment?
As a rule, the application is filed by the convicted person or their defence lawyer. In practice, it is important to prepare a complete motion with supporting evidence quickly.
How long can postponement of a prison sentence last?
This depends on the legal basis. In the case of a serious illness, the postponement lasts for as long as the obstacle exists. In the case of excessively severe consequences for the convicted person or their family, it may in principle be granted for up to one year [1].
Is a difficult financial situation alone enough to obtain postponement?
Usually not. The court examines whether the consequences of immediate imprisonment would be excessively severe and exceptional. Specific documents are needed, together with proof that the difficulty goes beyond ordinary hardship.
Does filing an application automatically suspend enforcement of the sentence?
No, not automatically. Filing an application for postponement of imprisonment does not in itself suspend enforcement of the prison sentence; a separate court order suspending enforcement or granting postponement is required.
Which medical documents are the most useful?
The most valuable documents are current specialist medical certificates, treatment records, test results, and hospital discharge summaries. The documents should clearly explain why serving the sentence is temporarily impossible or dangerous.
Bibliography
[1] Act of 6 June 1997 - Executive Penal Code, Journal of Laws 2024, item 706, as amended.
[2] Act of 6 June 1997 - Code of Criminal Procedure, Journal of Laws 2025, item 46, as amended.
[3] Internet System of Legal Acts (ISAP), consolidated texts of statutes available at: https://isap.sejm.gov.pl/
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
