The health situation of the convicted person may be considered by the court in the proceedings on the postponement of the execution of the sentence of imprisonment or the penitentiary court in the proceedings for a break in the execution of the sentence pursuant to art. 153 of the Executive Penal Code. The court that issued the judgment in the first instance is also competent in the proceedings concerning the execution of this judgment.
The aforementioned provision of the Executive Penal Code provides that the penitentiary court grants a break in the execution of the sentence in the event of a mental illness or other serious illness that prevents the execution of this sentence.
In the decision of the Supreme Court of October 28, 2020, file ref. V KK 443/20, the Supreme Court considered a cassation appeal against the judgment of the second instance court. The defense lawyer requested a stay of the enforcement of a final judgment pursuant to Art. 532 § 1 of the Code of Criminal Procedure. This provision states that in the event of lodging a cassation appeal, the Supreme Court may suspend the execution of the judgment under appeal. In this situation, in the opinion of the defense lawyer, the convict was not able to serve his sentence in a prison due to his poor health condition.
The Supreme Court stated that the possibility for a convicted person to use the institution of suspending the enforcement of a final judgment regulated in Art. 532 § 1 of the CCP should be associated only with the circumstances related to the factual inaccuracy of the judgment under appeal. In the opinion of the Supreme Court, circumstances related to the convict’s health condition, his family situation or other socially justified reasons should not be taken into account.
The Supreme Court also noted that the health situation of a convicted person may be considered by the court only in proceedings relating to the postponement of the execution of the sentence of imprisonment or proceedings for a break in the execution of the sentence. However, it cannot be a condition for applying the institution of Art. 532 § 1 of the CCP
