Practice area · Criminal law
Post-sentencing proceedings.
A case does not end with the judgment.
Electronic monitoring, deferral of a sentence, a break in a sentence and conditional early release. This is the stage at which the way a sentence is served can still genuinely be changed.
§01Types of case
What clients come to us with
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Electronic monitoring
Serving a sentence at home instead of in prison - where the statutory conditions are met.
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Deferral of a sentence
Postponing the start of a sentence where special circumstances apply.
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A break in a sentence
Temporarily halting a sentence being served - most often on health or family grounds.
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Conditional release
Leaving prison early, once the required part of the sentence has been served.
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Paying a fine in instalments
Where paying in one go is beyond the convicted person's means.
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Commuting a sentence
Applications to commute a sentence to a non-custodial penalty or community service.
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Expungement of a conviction
Having the entry removed from the National Criminal Register.
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Shortening a ban
Applications concerning a driving ban, including an alcohol interlock.
Law as at: September 2026. This content is general information and does not constitute legal advice - assessing a particular case always requires reviewing the documents.
§02Options
What can be done after judgment
Each of these applications has its own statutory grounds. Below is a summary of what they cover and at what stage they are filed.
| Application | What it covers | When it applies |
|---|---|---|
| Electronic monitoring | serving the sentence outside prison, under electronic supervision | where the sentence does not exceed the statutory threshold and the housing conditions are suitable |
| Deferral of a sentence | postponing the start of the sentence | illness, family circumstances, or unduly harsh consequences of immediate enforcement |
| A break in a sentence | halting a sentence already being served | health or family grounds arising while the sentence is being served |
| Conditional early release | release before the end of the sentence, subject to a probation period | once the required part of the sentence has been served and the prognosis is positive |
| Paying a fine in instalments | payment in instalments | where paying in one go would be excessively onerous |
| Expungement of a conviction | removal of the entry from the criminal register | once the periods laid down by statute have passed |
The grounds for each application are set by statute, but the assessment is the court's - which is why documenting your personal, health and family circumstances matters so much.
§03Electronic monitoring
A sentence served outside prison
Electronic monitoring allows a sentence to be served at home, with a tag monitoring the person's presence during set hours. The convicted person can usually keep working - which often determines whether the family can be supported.
The conditions include a sentence of the appropriate length, suitable technical conditions at the address and the consent of those living there. The court also takes into account the convicted person's attitude and considerations of public safety.
The application has to be prepared properly: setting out the daily schedule, the place of work and the family situation, with documents attached. The applications that get refused are usually those filed carelessly, without establishing the statutory grounds.
§04How we work
What our role involves
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Choosing the right application
Not every application fits every situation - we start by assessing which one has a chance.
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Complete documentation
An application without evidence is an application without a chance.
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The statement of reasons
The court needs to see specific circumstances, not general assertions.
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Attending the hearing
We represent the convicted person before the penitentiary court.
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Appeals
Decisions refusing an application can be appealed.
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Contact with the family
We keep the family informed about the case while the person is in custody.
§05How we work together
How we run a post-sentencing case
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Assessing the situation
We check the judgment, the stage of enforcement and which applications are available.
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Choosing the route
We identify the application with a genuine chance - and say so when there is none.
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Gathering the documents
We assemble evidence of the circumstances the court has to assess.
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Filing the application
We prepare the application together with its statement of reasons.
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The hearing and what follows
We represent you before the court and, if refused, we appeal.
§06Questions and answers
Questions about serving a sentence
Cannot find your question here? Call us on +48 883 406 792 or write to us using the contact form.
The statute sets conditions concerning, among other things, the length of the sentence imposed, the technical conditions at the address and the consent of those living there. The court also assesses the convicted person's attitude. Whether the conditions are met has to be checked against the particular judgment.
Usually yes - you can apply for the sentence to be deferred or for electronic monitoring. The sooner the better: some options narrow once the sentence has started.
Deferral concerns a sentence not yet begun and postpones when it is served. A break concerns a sentence already being served and halts it temporarily. The grounds are similar, but the stage is different.
As a rule, once a defined part of the sentence has been served - how much depends on the type of conviction and the person's circumstances. Beyond the passage of time, the court examines the criminological prognosis: behaviour in prison, plans for after release, family support.
No. A refusal can be appealed, and once circumstances change a fresh application can be filed. What matters is that the new application shows what has actually changed.
Once the periods laid down by statute have passed, counted from when the sentence was served - they vary according to its type and length. After expungement the conviction is deemed never to have occurred and the entry disappears from the register.
The first step
Let us talk about your situation
You do not need your documents in order, and you do not need to know the law. Just tell us what is happening - we will plan the way forward together.
§07Contact
Book a legal consultation
