BOOK I-GENERAL PART

TITLE III-JURIDICAL CONSEQUENCES OF THE ACT

CHAPTER II-PENALTIES

SECTION IV
CONDITIONAL LIBERTY

Article 61
Prepositions and Duration

1- The application of conditional liberty always depends on the convict’s consent.

2- The court sets the convict at conditional liberty when half of the penalty is fulfilled in a minimum of six months if:
a) Considering the circumstances of the case, the agent’s previous life, his personality and its
evolution during the time of imprisonment, it is reasonable to expect that the convict, when at liberty, will live his life in a responsible social way, without committing crimes; and
b) The liberation is manifestly compatible with the defence of social order and social peace.

3- The court sets the convict at conditional liberty when two thirds of the penalty, and a minimum
of six months, has been fulfilled, if the requisites mentioned in a) of the previous number are satisfied.

4- When the prison sentence is superior to 5 years for the practice of a crime against persons or a
crime of common peril, the conditional liberty only occurs when two thirds of the penalty have
been fulfilled and if the requisites mentioned in a) and b) of number 2 are verified.

5- Without prejudice of that which is ascribed in the previous number, the convict sentenced to a
penalty superior to 6 years is set at conditional liberty as soon as he has fulfilled five sixths of the penalty.

6- In whatever modality, the conditional liberty has a duration equal to the time of prison which is still to be fulfilled, but never superior to 5 years.


Article 62
Conditional liberty in case of successive execution of various penalties

1- If there is execution of various prison penalties, the execution of the penalty to be fulfilled first shall be interrupted:
a) When half of the penalty has been fulfilled, in case of number 2 of the previous article;
b) When two thirds of the penalty have been fulfilled in the cases of number 3 and 4 of the previous article.

2- In the cases prescribed in the previous number the court decides about the conditional liberty at the moment when it can do it simultaneously in relation to the totality of the penalties.

3- If the sum of penalties to be fulfilled successively exceeds six years of imprisonment, the court sets the convict at conditional liberty, as soon as he has fulfilled five sixths of the sum of penalties, if he has not previously been benefited by it.

4- The dispositions in the previous numbers are not applicable to cases in which the execution of the penalty results from revocation of conditional liberty.


Article 63
Regime

The dispositions of the article 52, in number 1 and 2 of the article 53, of the article 54, in a) b) and
c) of the article 55, are correspondingly applicable to the conditional liberty.


Article 64
Revocation and extinction of conditional liberty

1- The dispositions in number 1 of the article 56 and of the article 57 respectively are correspondingly applicable to revocation and extinction of conditional liberty.

2- The revocation of the conditional liberty determines the execution of the prison penalty not yet fulfilled.

3- In relation to the prison penalty which is to be fulfilled, the concession of a new conditional liberty in terms of the article 61 may occur.

BOOK I
GENERAL PART

TITLE III
JURIDICAL CONSEQUENCES OF THE ACT

CHAPTER V
RELATIVELY UNDETERMINED PENALTY

SECTION III
COMMON PROVISIONS

Article 90
Conditional release and liberty on probation

1. Until two months before reaching the minimum limit of the relatively undetermined penalty, the prison administration sends the court its grounded opinion about the concession of conditional release, correspondingly applying the prescriptions of numbers 1 and 3 of the article 61, the article 63, and the numbers 1 and 2 of the article 64.

2. The conditional release has a duration equal to the time wanting to reach the maximum limit of the penalty, but shall never be superior to five years.

3. If the conditional release referred to in the previous numbers is not granted, or is revocated, the prescriptions in number 1 and 2 of the article 92, as well as in number 1 and 2 of the article 93, and the articles 94 and 95 are correspondingly applied, from the moment when the penalty of the committed crime is fulfilled.

BOOK I
GENERAL PART

TITLE III
JURIDICAL CONSEQUENCES OF THE ACT

CHAPTER VI– SECURITY MEASURES

SECTION II
SUSPENSION OF THE EXECUTION OF THE INTERNMENT

Article 98
Presuppositions and regime

1. The court that orders the internment determines its suspension instead of that, if it seems reasonable to expect that its goal will be achieved by means of suspension.

2. In the case prescribed in number 2 of the article 91 the suspension can only take place when the conditions enunciated therein are verified.

3. The decision of suspension imposes on the agent rules of conduct in terms corresponding to those mentioned in the article 52 ( necessary to prevent the perilousness) as well as the duty to submit himself to treatments and proper ambulatory regimes, examinations and observations in places which are pointed out to him.

4. The agent whose internment is suspended is placed under surveillance of the social reinstatement service. The prescriptions of the articles 53 and 54 are correspondingly applicable.

5. The suspension of the execution of internment cannot be decreed if the agent is simultaneously convicted with a custodial sentence and the presuppositions for its suspension are not verified.

6. It is correspondingly applicable to:
a) The suspension of internment that which is prescribed in the article 92 and the number 1 and 2 of the article 93.
b) The revocation of the suspension of internment that which is prescribed in the article 95.