In its ruling from 14 June 2022, the Wrocław Court of Appeal held that it is admissible for courts to decide whether a convict is eligible to serve his/her sentence in the electronic monitoring system when said convict was previously granted a break in his/her sentence by a court. Such situations are not uncommon in Polish courts’ practice and this matter is of considerable importance for both courts and defence attorneys. The legislator did not foresee such situations in the Penal Enforcement Code and it is up to courts to decide whether it is admissible to issue a ruling in this matter. The commentator approves the view expounded by the Wrocław Court and provides information about how the court and the applicant should proceed.