'Early release - national proceedings' in document 'Mongolia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE FOUR
RELEASE FROM CRIMINAL LIABILITY OR PENALTY

CHAPTER THIRTEEN
RELEASE FROM PUNISHMENT

Article 72. Release from Punishment Ahead of Term

72.1. The court may release a convict if he/she has shown his/her reformation, has redressed the damage or eliminated the harm caused by the crime.

72.2. When releasing a convict the court may fix a parole period equal to the unserved term and obligate him/her to fulfil the duty specified in Article 60, paragraph 2.

72.3. The rules set in paragraphs 1 and 2 above shall apply to the convicts who have served the following proportions of the term :

72.3.1. not less than 1/2 of a term in less the serious crimes ;
72.3.2. not less than 2/3 of a term in the serious crimes ;
72.3.3. not less than 4/5 of a term in the grave crimes.

72.4. Release from punishment ahead of the term shall not apply to the persons who were sentenced to death and pardoned, recognized recidivists and those who did not compensate for the damage caused by the crime.

72.5. The court shall decide the matter of release from punishment ahead of the term at the proposal of the correctional facility at which the sentence is being served.

72.6. The police, and the respective military unit in case of servicemen shall supervise the behavior of the person released from punishment ahead of the term.

72.7. Release from punishment ahead of the term shall not serve as a ground for release from the supplemental punishment of deprivation of the right to hold specified positions and engage in specified business.

72.8. If the convict evades from fulfilling the obligation given by court or is imposed punishment for an administrative breach during the parole period the court shall cancel the decision to release from penalty ahead of the term at the proposal of the police office and a judge shall render a ruling to serve the remaining term.

72.8. If the convict commits another crime during the parole period the court shall impose punishment as provided in Article 57.