Where a convicted person’s personal circumstances prevent them from immediately discharging the financial obligations imposed upon them (fines, monetary measures, court costs), they may apply to have those obligations spread over instalments.
Financial Obligations of a Convicted Person
A conviction in criminal proceedings may have — and frequently does have — serious financial consequences for the person found guilty of an offence. In addition to a fine (which under current law may also be imposed alongside a custodial sentence), a convicted person is often required to pay a monetary measure (as a penal measure) and to meet the costs of the proceedings. It is not uncommon for these amounts to be, in aggregate, very substantial.
Options Available under the Executive Penal Code
The applicable provisions of the Executive Penal Code (Kodeks karny wykonawczy) — in particular Art. 49 and Art. 206 — provide convicted persons with a mechanism by which the severity of this situation may be alleviated. In circumstances prescribed by law, it is possible to arrange for obligations to be paid in instalments, thereby enabling timely payment and avoiding the consequences of default, which can in themselves be very serious.
Legal Assistance
In order to maximise the prospects of a successful application for instalment arrangements, the application must be properly prepared and must set out, in a comprehensive and persuasive manner, the factual circumstances that prevent the convicted person from making a single lump-sum payment. Both the arguments advanced and the supporting evidence are of importance. In such a situation, the assistance of a professional legal representative may be indispensable.