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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

3. PUNISHMENTS

3.1. The aim of punishment, the types of punishments and conditions for pronouncing them

Parole

Article 36

(1) The condemned may be released from serving a punishment of imprisonment under the condition that until the expiration of the period for which the punishment was pronounced he does not perpetrate a new crime; if he has corrected himself so that it can be expected with justification that he would behave well in freedom, and especially that he would not commit crimes. The evaluation whether the condemned shall be set free on parole shall take into consideration his conduct during the serving of his sentence, his performance in the work duties considering his work capability, and other circumstances which show that the aim of the punishment has been achieved.

(2) The condemned that has served one half of a punishment of imprisonment may be released on parole.

(3) As an exception, a condemned who has served one third of a punishment of imprisonment may also be released on parole, under the conditions from item 1, and if special circumstances concerning the personality of the condemned evidently show that the aim of the punishment has been attained.

(4) The condemned sentenced to life imprisonment may not be released on parole before he serves at least 15 years of the punishment of imprisonment.

(5) For the put on probation, the court may specify a protective supervision, which shall comprise special measures of assistance, care, supervision or protection specified by the social authority.

(6) A juvenile may be released on parole from serving a punishment of juvenile imprisonment if he has served one third of the punishment, but not before he stays one year of the duration of the sentence, and if grounds exist to expect that according to the results achieved in correction and reeducation, he would behave well in freedom, continue his education and work, and would not commit crimes in the future. During the parole, the court may determine a measure of intensified supervision.