Conditional discontinuation of proceedings is one of the legal mechanisms designed to subject the perpetrator to a probationary period-of the three available under the Polish Penal Code, it represents the most favorable option for the defendant.
Unfortunately, it may happen that during the probationary period (1–3 years), the person subject to conditionally discontinued proceedings engages in conduct requiring renewed court intervention. The resumption of conditionally discontinued proceedings is mandatory if the perpetrator commits an intentional crime for which they are convicted.
Proceedings may also be resumed at the court’s discretion (facultatively) in cases of serious legal violations, such as:
- Commission of another crime (even if unintentional);
- Failure to comply with obligations imposed by the court in the discontinuation ruling (e.g., penal measures, compensatory measures, prohibitions, or probationary supervision).
Resumed proceedings follow standard procedural rules. However, since conditional discontinuation inherently requires that the circumstances of the offense were uncontested, the likelihood of a radically different outcome-such as an acquittal-is naturally minimal.
