When Does a Convicted Person Report to Prison?

Why do some convicted persons go straight to prison, while others report to serve their sentence only several weeks later? When must a convicted person report to prison? And how did this apply in the case of convicted offender Dominik Feri?

When Does a Judgment Become Enforceable?

In criminal proceedings, the court of first instance is the first to decide the case. Let us assume that the defendant is sentenced to an unconditional custodial sentence. However, this does not mean that they must immediately report to serve the sentence. For example, if the defendant files an appeal against the judgment, the judgment does not become final and binding, and it does not become enforceable. The appellate court must decide first.

This was also the case in the criminal proceedings against Dominik Feri, a former Member of Parliament and influencer. Dominik Feri was sentenced to an unconditional three-year custodial sentence in November 2023. He filed an appeal against the convicting judgment.

What Can the Appellate Court Decide?

The appellate court then decides the case. It has several options. For example, it may dismiss the appeal, quash the judgment and remit the case to the court of first instance, or quash the judgment and decide the case itself. If the appellate court dismisses the appeal, the judgment of the court of first instance becomes final and binding, as well as enforceable: at this point, the defendant becomes a convicted person.

When Does the Convicted Person Go Straight to Prison?

If the convicted person is in custody, the appellate court orders the execution of the sentence immediately. Let us assume that the appellate court has dismissed the defendant’s appeal, meaning that the convicting judgment has become final and binding. The court has delivered the judgment in the presence of the defendant, who was brought before the court from custody. The commencement of the prison sentence is immediate: the convicted person therefore goes directly from court to prison.

If the convicted person is not in custody and their appeal has been dismissed, the courts have two options.

The appellate court may send the convicted person directly from court to prison, even if they had not previously been held in custody. It may do so if it finds that the convicted person’s remaining at liberty is dangerous, or if there is a justified concern that they may flee or go into hiding.

When Does the Court Set a Deadline for Reporting to Prison?

If there are no such concerns, the court may grant the convicted person a reasonable period of time, not exceeding one month, to arrange their affairs. The court therefore orders the execution of the custodial sentence and sends the convicted person a notice to report to serve the sentence. In this notice, the court specifies the prison in which the convicted person is to begin serving the sentence and sets a deadline for reporting to prison. This was also the case of convicted offender Dominik Feri.

What If the Convicted Person Fails to Report to Prison?

What happens if the convicted person fails to report to prison within the specified deadline? In such a case, the court of first instance orders that the convicted person be delivered to serve the sentence. The convicted person’s escort to prison is carried out by the Police of the Czech Republic.