Part 1
GENERAL PART

Chapter 5
RELEASE FROM PUNISHMENT

§ 76. Release on parole

(1) If a person has been convicted of commission of a criminal offence in the second degree, or a criminal offence in the first degree through negligence, the court may release the convicted offender on parole if he or she has actually served :

1) at one third but not less than six months of the term of the imposed punishment and the person agrees to the application of the electronic surveillance provided in clause 75 (2) 9) of this Code ; or
2) at least half but not less than six months of the term of the imposed punishment.

(2) If a person has been convicted of intentional commission of a criminal offence in the first degree, the court may release the person on parole if the convicted person has actually served :

1) at half but not less than six months of the term of the imposed punishment and the person agrees to the application of the electronic surveillance provided in clause 75 (2) 9) of this Code ; or
2) at least two-thirds of the term of the imposed punishment.

(21) A convicted offender shall not be released on parole if the person has been punished by at least two years of imprisonment and has less than two months of the term of the imposed punishment to serve.
[ - entry into force 24.07.2009]

(3) In deciding release on parole, the court shall take into consideration the circumstances relating to the commission of the criminal offence, the personality of the convicted offender, his or her previous personal history and conduct during the service of the sentence, his or her living conditions and the consequences which release on parole may bring about for the convicted offender.

(4) A period of probation shall be determined to the extent of the unserved part of the term of the punishment but for not less than one year. During the period of probation, the person shall be subject to supervision of conduct provided for in § 75 of this Code.

(4 1) If a convicted offender is released on the basis of clause (1) 2) or (2) 2) of this section and the convicted offender agrees, the court may impose an additional obligation on the convicted offender to submit to the electronic surveillance provided by clause 75 (2) 9) of this Code.

(5) If a person, during a period of probation, fails to comply with supervisory requirements or perform the obligations imposed on him or her or fails to submit to electronic surveillance, the court shall enforce the unserved part of the sentence on the basis of a report by the probation officer.

(6) If a person commits a new intentional criminal offence during a period of probation and is sentenced to imprisonment, the unserved part of the sentence shall be enforced. In such case, the aggregate punishment shall be imposed pursuant to the provisions of subsection 65 (2) of this Code.
[ - entry into force 01.01.2007]

§ 77. Release on parole in case of life imprisonment

(1) If a person has been sentenced to life imprisonment, the court may release the person on parole if the convicted offender has actually served at least thirty years of the term of the punishment.

(2) In releasing a person specified in subsection (1) of this section on parole, the provisions of subsection 76 (3) of this Code shall be taken into consideration.

(3) Probation shall be ordered for a period of five to ten years.

(4) If a person commits a new intentional criminal offence during a period of probation, he or she shall be ordered to serve the sentence of life imprisonment.