Community service

Conditions for imposing a community service order

A community service order is one of the alternative sentences that may be imposed on a convicted person if the court does not impose a custodial sentence. Community service may be ordered in cases involving misdemeanours, i.e., negligent criminal offences and intentional offences for which the Criminal Code prescribes an upper sentencing limit of up to five years.

A community service order may be imposed as a standalone sentence if, given the nature and seriousness of the committed offence and the perpetrator's character and circumstances, the imposition of another sentence is unnecessary.

By its nature, this type of sentence cannot be imposed as an ancillary penalty to a custodial sentence, whether in its unconditional or conditional form. What is particularly interesting is that, in the case of a conditional custodial sentence, it is theoretically possible for the convicted person to also perform community service. However, the structure of the Criminal Code indicates that this combination of penalties is not permissible.

Extent of a community service order

For adults, the court may impose this sentence in a range of 50 to 300 hours, while for juveniles who have committed an offence for which such a measure can be imposed, the range is 50 to 150 hours.

The convicted person must complete the specified number of hours within one year from the date the court imposed the sentence. However, this period does not include times when the convicted person was objectively unable to perform the work, such as for statutory or health reasons. Time spent serving a custodial sentence is also not included in the period within which the community service must be completed.

Additionally, the court may impose further reasonable obligations on the convicted person during the term of the community service order, aimed at encouraging them to lead a lawful life. Courts often combine this sentence with an obligation to compensate for damages caused by the commission of the offence.

Good to know

A perpetrator sentenced to community service is regarded as if they had not been convicted once the sentence has been completed or a final decision has been made to waive its enforcement or the remaining part. The conviction will not appear on the extract from the Criminal Register.

Community service can be an attractive alternative to a suspended custodial sentence for the accused, as the "suspended period" in the case of conditional imprisonment is predetermined, and throughout this time, the convicted person faces the risk of the sentence being converted into actual imprisonment. With community service, however, it is essentially up to the convicted person how quickly the sentence is completed (similarly to a financial penalty, which is completed upon payment).

For this reason, community service (like a financial penalty) can be the best option for the accused when it is evident that a sentence will be imposed. In such cases, it may be advisable to advocate for the court or prosecutor to impose this type of sentence instead of another, more burdensome option for the accused.