SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

CHAPTER LVIII
PROCEEDINGS CONCERNING THE ENFORCEMENT OF JUDGMENTS AND OTHER FINAL COURT
DECISIONS

Article 511. Release from punishment due to illness

511.1. If a sentenced person contracts a serious illness which prevents him from serving his sentence, the court of first instance in the locality where the sentence is being served may, on the basis of the opinion of a panel of doctors and in accordance with the provisions of criminal law, release the person from punishment.

511.2. The question of the release of a sentenced person from punishment shall be examined on the basis of an application by the sentenced person, his defence counsel or his legal representative or submissions from the management of the penal institution concerned.

511.3. If a person who is mentally ill is released from punishment, the court shall have the right to apply compulsory medical measures to him or place him under the supervision of the health authorities or his relatives.

511.4. In deciding on the release from punishment of persons suffering from a serious illness other than a mental disorder, the court shall take into consideration the seriousness of the offence committed, the personality of the sentenced person and other circumstances.

511.5. In releasing a sentenced person from punishment because of illness, the court shall have the right to release him from serving both the main and any additional sentence.

Article 512. Release from punishment due to expiry of the period of sentence enforcement, and annulment of the postponement of sentence enforcement

512.1. In accordance with the provisions of criminal law, the court which gave the judgment shall release a sentenced person from punishment on the basis of an application from him on the grounds that the period of sentence enforcement has expired.

512.2. Annulment of the postponement of sentence enforcement and committal of the sentenced person to serve his prison sentence shall be effected by the court which gave the judgment, on the basis of submissions from the establishment or authority responsible for sentence enforcement and in accordance with the provisions of criminal law.

Article 513. Conditional release before completion of the sentence and commutation of the part of the sentence not yet served to a less severe penalty

513.1. Conditional release before completion of the sentence and commutation of the part of the sentence not yet served to a less severe penalty shall be ordered by the court on the basis of an application from the sentenced person and in accordance with the provisions of criminal law, taking into consideration the views of the establishment or authority responsible for sentence enforcement.

513.2. If the court refuses conditional release before completion of the sentence or commutation of the part of the sentence not yet served to a less severe penalty, a further examination of the relevant application shall be possible no less than 6 (six) months after the court’s decision to refuse the application concerned.

SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

CHAPTER LVIII
PROCEEDINGS CONCERNING THE ENFORCEMENT OF JUDGMENTS AND OTHER FINAL COURT
DECISIONS

Article 517. Release from imprisonment before completion of the sentence

517.1. The following courts may release prisoners before completion of their sentences :

517.1.1. the court which gave the judgment or the court of first instance in the locality where the person lives: persons given suspended sentences and persons exempted or released from punishment owing to the expiry of the period of sentence enforcement ;
517.1.2. the court of first instance in the loaclity where the sentence is being served: persons released because they are ill or granted conditional release before completion of the sentence ;
517.1.3. the court of first instance in the locality where the sentenced person lives: other persons sentenced to various types of penalty.

517.2. Release from imprisonment before completion of the sentence shall be ordered by the court further to an application from the sentenced person and in accordance with the provisions of criminal law.

517.3. Applications by sentenced persons for early release from imprisonment shall be examined by the court taking account of the views of the establishment or authority enforcing the sentence.