2025/07/24 by Sikora, Marcin
#conditional early release #intertemporal rules #subjective right of the convicted person
paper · doi:10.60677/cpkinp2025.2.1
The tightening of formal conditions for conditional release from imprisonment poses serious intertemporal and criminological problems. Extending the time limit for submitting an application for conditional release with regard to persons who have been validly sentenced violates of a number of constitutional principles. The right to apply for conditional release is a subjective right of the convicted person, since they have knowledge of the timeframe within which they may submit such an application by the time the judgment becomes final. This entitlement is one of the the rights of the convicted person that constitute the content of the criminal sentence. Therefore, retroactive modification of the time limits set out in Article 78 of the Polish Criminal Code with regard to persons who have been validly sentenced is inadmissible under intertemporal norms and constitutes unjustified interference with valid court decisions.