General Part

Chapter VI
Release from Criminal Liability and Punishment

Section 61. Conditional Release Prior to Completion of Punishment

(1) A person who has been punished with deprivation of liberty, except temporary deprivation of liberty, may be conditionally released prior to completion of his or her basic punishment, if there is a reason to believe that he or she is able to adapt in the society after release without committing a criminal offence.

(2) Taking into account the personality and behaviour of the convicted person, conditional release prior to completion of punishment may be ordered, if :

1) the convicted person has reached a certain result of resocialisation ;
2) the convicted person to the extent possible has voluntarily made compensation for losses caused by his or her crime ;
3) the convicted person has possibilities to acquire means of subsistence in legal way after his or her release ;
4) the term specified in a law regulating the execution of criminal punishments after imposition of the punishment for the violation of the punishment serving regime has lapsed and there are no effective punishments for administrative violations committed during execution of the punishment of deprivation of liberty ;
5) the convicted person is solving and is ready to continue to solve his or her psychological problems which have caused or may cause commitment of criminal offence ;
6) [8 July 2011].

(3) Conditional release prior to completion of punishment may be proposed if the convicted person has actually served :

1) not less than half of the punishment imposed for a less serious crime committed ;
2) not less than two-thirds of the punishment imposed, if it has been imposed for a serious crime, or if the convicted person is a person who previously has been punished with deprivation of liberty for an intentional crime and the criminal record for this crime has not been set aside or extinguished ;
3) not less than three-quarters of the punishment imposed, if it has been adjudged for an especially serious crime or if the convicted person is a person who previously had been conditionally released prior to completion of punishment and has newly committed an intentional crime during the period of the unserved punishment ; or
4) twenty-five years of a punishment of deprivation of liberty, if the convicted person is a person for whom life imprisonment has been imposed.

(4) A court, in conditionally releasing a convicted person prior to completion of a punishment, may, for the period of the unserved punishment, impose on him or her the obligations set out in Section 55 of this Law, if it is necessary for achieving of goals. A duty to participate in probation programmes in accordance with the instructions of the State Probation Service shall be imposed mandatory for a person of legal age, who is punished for commitment of serious or especially serious crime, if a crime is connected with violence or turned against sexual inviolability or morals. If the person conditionally released prior to completion of punishment does not, without justifiable reason, fulfil the obligations imposed by the court or those specified in the regulating laws regarding the execution of criminal punishments, or repeatedly commits administrative violations, for which administrative punishments are imposed on him or her, the court, on the basis of a submission from the institution to which the supervision of the behaviour of the convicted person has been assigned, may take a decision that the portion of the punishment unserved should be served.

(5) If a person who has been conditionally released prior to completion of punishment commits a new criminal offence during the period of the punishment unserved, the court shall determine punishment for him or her in accordance with the provisions provided for in Sections 51 and 52 of this Law.