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CAUTION !!! automatic translation from Polish

• “Conditional early release”2026-04-14

  ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish

  Conditional early release is one of the probation measures provided in the Criminal Code. This means that this institution involves putting the offender to the test.

  In principle, conditional early release is possible after the convicted person has served at least half of the sentence of imprisonment, if a so-called positive prognosis can be made, justifying the belief that the convicted person will not reoffend after release and will comply with the penal and security measures imposed on them. When making such a prognosis, factors such as the convict’s attitude, personal circumstances and behaviour during the sentence are taken into account.

  The probation period lasts from 2 to 5 years, 10 years in the case of conditional release from imprisonment for 25 years or more, and in the case of life imprisonment, the probation period lasts for life. During the probation period, the court may place a conditionally released person under the supervision of a probation officer and impose certain obligations on them, e.g. the obligation to report on the course of the probation period. It is important to note that the court may (optionally) revoke the conditional release if the convicted person evades supervision or fails to fulfil the obligations imposed.

  The court shall revoke conditional release if, during the probation period, the convicted person commits an intentional offence for which they have been convicted by a final judgment, or if, having been convicted of an offence involving violence or threats against a close relative, they grossly violate the legal order during the probation period by again using violence or threats.

  If the probation period is successfully completed, the sentence is considered to have been served at the time of conditional release.

  Interestingly, the current criminal law reserves the right for the court to impose stricter restrictions on the convicted person’s eligibility for conditional release in special circumstances, such as expecting a longer period of imprisonment before conditional release becomes permissible. The provisions go even further, allowing the court to impose a total ban on conditional early release. This possibility is provided for, inter alia, when imposing a life sentence for an act committed by the offender after a final conviction for a crime against life and health, or when the nature of the act and the personal characteristics of the offender indicate that his or her release would pose a permanent danger. However, these regulations raise serious constitutional concerns.

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