In the article, the author discusses the relationship between the lapse of the limitation period barring the pursuit of claims for damages and compensation for wrongful conviction (or arrest, or pre-trial detention) and the probation period. This issue is important from the point of view of judgments that have been changed as a result of extraordinary appeals. It is easy to imagine a situation in which some part of the sentence has already been served, while – as a result of an extraordinary appeal review – the final judgment of legal effect is changed and a suspended sentence is imposed. In such cases, the sentence already served will be counted towards the penalty which is effectively enforceable (first towards the fine and then towards the suspended sentence). Taking into account the fact that the probation period may be longer than a year (in a given situation), the question arises: what action should be taken so that it does not turn out that the days of the custodial sentence already served are ‘suspended in a vacuum’?