General Part

Section 4.

Exemption from criminal liability and punishment.

Chapter 12.

Exemption from punishment.

Article 76. Exemption from punishment on parole.

1. The person sentenced to public work, correctional labor, imprisonment or disciplinary battalion can be released on parole with his consent, if the court finds that for his correction there is no need to serve the remaining part of the punishment. Also, the person can be completely or partially exempted from supplementary punishment. When exempting from punishment on parole, the court also takes into account the fact of mitigation of damage to the aggrieved by the convict.

2. When applying exemption from punishment on parole, the court can impose on the person the obligations envisaged in part 5 of Article 70 of this Code, which the person will carry out during the unserved part of the punishment.

3. Exemption from punishment on parole can be applied only if the convict has actually served:
1) no less then one third of the punishment for not grave or medium-gravity crime;
2) no less than half of the punishment for a grave crime;
3) no less than two thirds of the punishment for a particularly grave crime, also, of the punishment assigned to the person previously released on parole (if the parole was canceled on the grounds envisaged in part 6 of this Article).

4. The actual term of imprisonment served by a person can not be less than 6 months.

5. A life-server can be released on parole, if the court finds that the person does not need to serve the punishment any longer and has in fact served no less than 20 years of imprisonment.

6. If during the unserved period of the punishment:
1) the convict commits two or more crimes for which he is subjected to administrative arrest, or willfully evades the obligations imposed on him by court when releasing him on parole, then, by motion made by the supervisory body, the court decides to terminate the release on parole and to implement the unserved part of the punishment.
2) The convict commits a crime through negligence, then the court decides the issue of keeping or cancellation of parole.
3) The convict commits a willful crime, then the court assigns a punishment based on the rules envisaged in Article 67 of this Code. If a crime through negligence has been committed, the same rules are used to assign punishment and the court cancels the parole.

7. If a life-server deliberately commits a new crime, which is punishable by imprisonment, the period mentioned in part 5 of this Article is suspended until the expiry of the term for the new punishment .