The General Part

Title III
Penalties

Chapter III
The regulation for execution of main penalties applied to natural persons

Section 6
Parole

Parole for persons convicted to imprisonment, strict imprisonment and severe detention

Art.71– (1) After having executed at least two thirds of the penalty of imprisonment or of strict imprisonment or three fourths of severe detention, the convicts who are consistent in their work, well-disciplined and show serious improvement, taking into account the length of penalty still to be executed, the age, the health, the form of guilt and criminal antecedents, can be released on parole before the full execution of the penalty.

(2) Minors convicted to imprisonment or strict imprisonment can be released after the execution of one third of the penalty applied. When the person convicted has reached the age of 60 for men and 55 for women, she/he may be release on parole after the execution of one third of the penalty of imprisonment or strict imprisonment or half fo the severe detention.

(3) In the calculation of fractions of the penalty provided in para.(1) the part of the penalty that can be considered, according to the law, as being executed based on the work carried out shall be taken into account. In this case, parole cannot be granted before the actual execution of at least half of the penalty of imprisonment or strict imprisonment or of at least two thirds of the penalty of severe detention.

(4) During parole, the court can oblige the convict to submit to measures of supervision provided in Art.103.

Parole for life detention convicts

Art.72– (1) Persons convicted to life detention can be released on parole after the actual execution of 20 years of detention, if he/she is consistent at work, well disciplined and shows serious improvement, also taking into account the criminal antecedents.

(2) Convicts over the age of 60 can be released on parole after the actual execution of 15 years of detention, if the other conditions provided in para.(1) are also met.

(3) A penalty shall be deemed as executed if within 10 years from parole the convict has not committed any new offence. If during this interval the convict has committed a new offence, Art.73 shall apply accordingly.

(4) During parole the court can oblige the convict to submit to measures of supervision provided in Art.103.

Effects of parole

Art.73 – (1) The penalty is deemed as executed if during the time interval between parole release and the expiry of the penalty, the person convicted has not committed a new offence.

(2) If until completion of the penalty the person released on parole has committed a new offence for which the law provides the penalty of imprisonment, the court, taking into account its seriousness, can ordain either the maintenance of parole or its revocation.

(3) If until completion of the penalty the person released on parole has committed a new offence for which the law provides the penalty of severe imprisonment, of severe detention or of life detention, revocation of parole is obligatory.

(4) In case of revocation of parole, the penalty established for the ulterior offence and the rest of the penalty to be executed from the previous penalty shall be cumulated, without exceeding the general maximum of the heaviest penalty.