General rules

As a rule, the penalty of restriction of liberty lasts for a shortest month, the longest 12 months; imposed on it in months. During the sentence of restriction of liberty, the convict:

1. cannot change the place of permanent residence without the consent of the court,
2. is obliged to perform work indicated by the court,
3. is required to provide explanations regarding the course of serving the sentence.

The execution of the penalty of restriction of liberty is aimed at convicting the will to shape his socially desirable attitudes, in particular the sense of responsibility and the need to comply with the legal order.

By imposing a penalty of restriction of liberty, the court may hand over the convict to the supervision of a trustee or trustworthy person, association, institution or social organization whose activity includes care for upbringing, prevention of demoralization or assistance to convicts. By imposing a penalty of restriction of liberty, the court may order additional sentences such as:

• apologizing to the victim,
• performing his obligation to provide for the maintenance of another person,
• refrain from using alcohol or using other drugs,
• compensation for damage in whole or in part
• payment of a cash benefit

The time and manner of performing the imposed obligations are determined by the court after hearing the convict. If the educational considerations for it, the court, towards the convict, may establish, extend or change the listed obligations or release from the performance of imposed obligations, with the exception of the obligation to apologize to the victim and pay a cash benefit. The court may also hand over the convicted person or release him. The court may also reduce the number of hours of work performed on a monthly basis or the amount of monthly deductions from remuneration for work, but not more than to the statutory minimum.

Work as a punishment

The convicted person is obliged to work diligently and to comply with the order and discipline established in the workplace. The court instructs the convict about his rights and obligations, and about the consequences of evading his sentence.

The obligation to perform the work indicated by the court consists in performing unpaid, controlled work for social purposes in the appropriate workplace, health care institution, social welfare, organization or institution providing charitable assistance or for the benefit of the local community, in the amount of 20 to 40 hours in relation to instead of such an obligation, the court may order a deduction of 10-25% of the remuneration for work for the State Treasury or for a social purpose indicated by the court in relation to the employed person; during the sentence, the convicted person may not terminate the employment relationship without the court's consent. The place, time, type or manner of performing the duty to work after hearing the convicted person. In particularly justified cases, the court may change the form of the obligation to perform work by adopting 20 hours of work for social purposes as equivalent to 10% of remuneration for work; the awarded work cannot exceed 40 hours on a monthly basis.

Getting started

The penalty of restriction of liberty shall be exercised at the place of residence or employment of the convicted person or at a short distance from that place, unless important considerations support the execution of the sentence elsewhere. Supervision over the execution of the penalty of restriction of liberty and adjudication in matters concerning the implementation of this penalty belong to the district court in whose district the penalty is or is to be performed. Activities related to organizing and controlling the implementation of the penalty of restriction of liberty shall be performed by a professional court probation officer.

In the event of a decision imposing a restriction of liberty, the court shall send a copy of the decision to the employing entity indicated by the competent local government authority, which is the founding body for that entity, or another enterprise, indicated by the court, to a health care or social welfare institution, institution or organization providing charitable assistance, or representing the local community. If the judgment does not indicate the type or place of work or there is a need to change this decision, the court executing the decision shall specify it when referring to enforcement of the decision, taking into account where possible the request of the convict or the application of a probation officer. A change in the type of work or place of performance specified by that court may also be ordered by a judge. Entities for which the founding body is a local government body, obliged to accept convicts in order to perform unpaid controlled work for social purposes, are designated by the appropriate local government body, while other workplaces, health care or social welfare facilities and other institutions or organizations providing charity , or representing the local community - is appointed by the court with their consent.

The court calls the convict to appear in institution or organization. Referrals to a plant, establishment, institution or organization can be made by a court at a meeting with their representatives. Commencement of serving the sentence occurs on the day on which the convicted person commenced the performance of the indicated work or on the first day of the period in which the convicted person is deducted from remuneration for work.

Workflow

Work establishments, establishments, institutions or organizations in which the penalty of restriction of liberty is carried out are obliged to notify the professional probation officer within the time limits specified by the probation officer about the type of work assigned to the convict, his relationship with him and about whether the convicted person complied with the legal order, as well as on completing work. Workplaces, establishments, institutions or organizations are required to designate employees responsible for organizing and carrying out the work of convicts. If the convicted person did not appear on time to work or abandoned her or does not comply with the established order and discipline, the workplace, institution, institution or organization shall immediately notify the professional probation officer. The amounts corresponding to the remuneration that would have to be paid for unpaid, controlled work for social purposes if it had been carried out under an employment contract or a contract for the provision of services, are allocated in particular to the purposes of organizing and controlling the work of convicts.

If, in relation to the convicted employee, instead of the obligation to perform the indicated work, a certain part of the remuneration for work has been ordered, the court sends a copy of the decision to the employer employing the convicted person, stating at the same time on whose behalf the deductions are to be made and where they should be paid, and indicating what components of remuneration for work and how should they be made. When paying the remuneration to the convict, part of the remuneration specified in the decision shall be deducted and shall immediately transfer the deducted amount according to the received instructions, notifying the court. The costs associated with transferring these amounts are deducted from the deductions made.

The court, as well as a professional probation officer may at any time demand from the convict explanations regarding the course of imprisonment and to summon the convicted person to appear in person.

Obligations of workplaces

The entity (the workplace) is obliged to accept the convicted person referred by the court to perform work, instruct him about the duty of diligent work and the need to comply with the order and discipline established in the workplace. When assigning a job, the prisoner's age, state of health and, if possible, his qualifications shall be taken into account. The entity is obliged to:

1. subject the convict to a medical examination, in accordance with the rules applicable to employees, in order to determine the ability to perform work in a given position;
2. acquaint the convict with health and safety regulations;
3. provide the convict with safe and hygienic working conditions, personal protective equipment as well as clothing and footwear provided for at the given workplace.

You may not drive:

1. convicts who, at the time of taking up work, will not be at least 18 years old - for work prohibited to young people;
2. women - for jobs particularly arduous or harmful to their health.

In connection with the performance of work, the entity is obliged to insure the convicted person against the consequences of accidents and civil liability for causing damage to a third party while performing work. The entity assigns the convict to work within the time specified in the decision and divides the working hours into weeks and days in a manner corresponding to the organization of work performed by him. When establishing working hours, the convict's request shall be taken into account, if possible. In justified cases, the entity may provide the convict with an individual work standard corresponding to the number of hours that can be worked on a given day. The time of work of a convict who is not in an employment relationship may not exceed 8 hours a day. At the request of the convict, this time may be extended to 12 hours. A convicted prisoner shall be assigned a job which he can perform while not performing employment. The total working time of the convict may not exceed 8 hours a day. At the request of the convict, this time may be extended to 12 hours.

Prisoners' working time:

1. directed to work at positions where the maximum allowable concentrations and intensities of factors harmful to health are exceeded,
2. pregnant women,
3. who are under 18 years of age

- may not exceed 8 hours a day or a lower number of hours provided for in separate provisions.

The entity directs convicts to work in organized groups of up to 10 people. The entity indicates to the professional court probation officer the employee responsible for organizing and controlling the work of convicts and the course of this work, called ego hereinafter "designated employee". The entity sets the work schedule of prisoners, specifying the time, place and type of work for a period of at least one month. A copy of the schedule is provided to the professional probation officer. The entity provides the professional probation officer, within the time limits set by him, with information about the number of hours worked by the convict, the type of work performed by him and its effectiveness. The entity is obliged to immediately notify the professional court guardian of an obstacle preventing work. The entity is obliged to immediately notify the professional probation officer of the following circumstances regarding the work of the convict:

1. day of work start and end;
2. failure to report to work;
3. failure to take up assigned work;
4. leaving work without justification;
5. any case of diligent performance of work and persistent failure to comply with the established order and work discipline.

The entity is obliged to keep records of the work carried out by convicts and set the amount corresponding to the remuneration due for such work if they were performed under an employment relationship. These amounts cover all expenses related to the organization of work carried out by convicts, in particular the costs of necessary medical examinations, personal protective equipment, clothing and footwear as well as insurance of convicts against the consequences of accidents and civil liability for causing damage to a third party in the performance of work , as well as the flat-rate remuneration of designated employees, including contributions for their social insurance and the Labor Fund and Guaranteed Employee Benefits Fund, as well as awards paid for the outstanding performance of duties in the field of prisoners' work control.

The amount of remuneration of designated employees depends on the number of convicts remaining under their supervision. A designated employee may control the work of a maximum of 10 convicts. The designated employee receives a flat-rate monthly remuneration of:

1. 5% of your basic salary for the supervision of 1-3 convicts;
2. 10% - when supervising 4-6 convicts;
3. 20% - when supervising 7-10 convicts.
4. Postponement of the penalty of restriction of liberty
5. The court may postpone the execution of the penalty of restriction of liberty for a period of up to 6 months, if the immediate execution of the penalty would have too severe consequences for the convict or his family. The court postpones the execution of the penalty of restriction of liberty in the event of a convicted person's active military service, until such service is completed. In this case, the court after hearing the opinion of the commander of the unit may release from imprisonment not exceeding 6 months, if the postponement period lasted at least 6 months, and the soldier in this period stood out in the performance of official duties or showed courage. The court may release from punishment, even if the postponement period was shorter, if there are special reasons for doing so. The court may appeal the postponement of the penalty of restriction of liberty in the event of the cessation of the reason for which it was granted, or in the event that the convicted person does not use the postponement of the penalty in accordance with the purpose for which it was granted or grossly violates the legal order.
6. A break in the execution of the sentence
7. If the convicted person's health prevents the execution of the penalty of restriction of liberty, the court shall grant a break in serving the sentence until the obstacle ceases. The court may grant a break in imprisonment of up to one year if the immediate execution of the sentence would have too severe consequences for the convict or his family. also
   The court grants a break in the execution of the penalty of restriction of liberty in the event of a convicted person's active military service, until such service is completed. In this case, after hearing the opinion of the commander of the unit may release from imprisonment not exceeding 6 months, if the period of interruption lasted at least 6 months, and the soldier in this period distinguished in the performance of official duties or showed courage. The court may release from punishment, even if the break period was shorter, if there are special reasons for doing so. The court may cancel the break in the execution of the penalty of restriction of liberty in the event of the cessation of the reason for which it was granted, or in the event that the convicted person does not use the break in punishment in accordance with the purpose for which it was granted, or grossly violates the legal order.
8. Substitute penalty
9. In the event of failure to perform a full-time job or failure to make all deductions from the remuneration for work or failure to perform other obligations related to the penalty of restriction of liberty during the period for which the penalty was imposed - the court shall decide whether and to what extent the penalty is to be considered carried out due to for the purposes of this penalty, unless it is an obligation to make good any damages or compensation. If the convicted person evades imprisonment freedom, the court converts it into a substitute fine, accepting one day's restriction of liberty as equivalent to one daily rate; in such a case the court determines the amount of one daily rate. When setting the daily rate, the court takes into account the perpetrator's income, his personal and family conditions, property relations and earning potential; the daily rate cannot be lower than PLN 10 or exceed PLN 2,000. Evasion can also be a persistent violation of its obligations, as well as evasion of supervision. If the decision of a substitute fine would be pointless due to the inability to pay or collect by way of execution, the court determines the substitute prison sentence, assuming that one day of the substitute prison sentence is equivalent to two days of restriction of liberty, and orders its execution. If the convicted person, despite the possibility of paying a substitute fine, does not pay it in time, and it is found that it cannot be obtained by way of execution, the court decides to execute the substitute prison sentence. If the Act does not provide for a given offense, a maximum penalty of deprivation of liberty may not exceed 6 months. The court may suspend the execution of a substitute prison sentence in the event that the convicted person undertakes the ordered work and submits to the rigors associated with it; the suspension takes place until the execution of the sentence of restriction of liberty.
10. Adjudication on changes in the manner of executing the penalty of restriction of liberty and on the implementation of a substitute penalty, as well as release from the rest of the sentence may also take place at the request of a professional court probation officer. The application of the convicted person or his defender for release from the rest of the penalty of restriction of liberty submitted within 3 months of the previous decision in this regard shall not be recognized until the end of this period. Releasing the convict from the rest of the penalty of restriction of liberty, the court notifies the workplace, institution, institution or organization in which the convict served the sentence.

Glossary of basic terms

legal status, April 9, 2020