Chapter 2(c) – Imprisonment
Conditional release
Section 5 – Definition and determination of conditional release
(1) Conditional release refers to the release of a prisoner serving an unconditional sentence of imprisonment, to serve the rest of his or her sentence in freedom.
(2) Subject to the provisions of section 9, a person serving a fixed-term sentence of imprisonment shall be conditionally released when he or she has served two-thirds of the sentence, or in the case of a sentence imposed for an offence committed under the age of twenty-one years, when he or she has served one-half of the sentence. A prisoner who during the three preceding years has not served a sentence of imprisonment in prison shall be conditionally released when he or she has served one-half of the sentence or, in the case of a sentence imposed for an offence committed under the age of twenty-one, when he or she has served one-third of the sentence. The application of this last-mentioned proportion is not barred by the fact that the person has during the three preceding years served a conversion sentence in prison for unpaid fines or a sentence in prison for refusing civil military service referred to in section 74 of the Civil Military Service Act (1446/2007), a civil military service offence referred to in section 75 of said Act, refusing civil military service during extraordinary military service or general mobilization referred to in section 76 of said Act, a civil military service offence during extraordinary military service or general mobilization referred to in section 77 of said act, or refusing military service referred to in section 118 of the Military Service Act (1438/2007), absence from induction during general mobilization referred to in section 120 of said act, or avoidance of service during general mobilization referred to in section 123 of said act. In calculating the portion of the sentence, parts of a day shall not be considered. The period of loss of liberty referred to in chapter 6, section 13 of this Code shall be deducted from said proportion and from the proportion referred to in section 12, subsection 1. (1099/2010)
(3) Conditional release is possible after 14 days have been served of the sentence of imprisonment.
Section 6 – Conditional release from a joint sentence of imprisonment
If the separate offences of a person serving a joint sentence of imprisonment would result in the application of different proportions referred to in section 5, subsection 2, he or she shall be conditionally released on the basis of the larger proportion.
Section 7 – Conditional release from combined sentences of imprisonment (1099/2010)
(1) A person serving combined sentences of imprisonment shall be conditionally released when he or she has served the part of the sentence that results by adding up the time to be served of each sentence, calculated on the basis of the proportions referred to in section 5, subsection 2, section 11, subsection 1 or section 12, subsection 1. In calculating the portion of the sentence, parts of a day shall not be considered.
(2) A person serving combined sentences of imprisonment shall be conditionally released at the latest when at most fifteen years of the sentences have been served. However, if even one of the sentences to be served has, pursuant to section 11, ordered to be served in full, the prisoner shall be conditionally released at the latest when at most twenty years of the sentences have been served. In calculating the maximum period, deductions from the sentences on the basis of chapter 6, section 13 shall be taken into consideration.
(3) If a prisoner serving a fixed-term sentence of imprisonment or a remand prisoner is guilty of an offence referred to in section 11, subsection 1, paragraph 1, the court may on the request of the prosecutor order that the provisions of subsection 2 of this section on the maximum sentence to be served shall not be applied to the sentence to be imposed.
Section 8 – Probationary liberty under supervision
(1) A prisoner may, for the promotion of his or her social adjustment, be placed in probationary liberty under special supervision effected by technical means or otherwise through special means for at most six months before conditional release.
(2) The conditions for probationary liberty under supervision are that :
(1) probationary liberty promotes the implementation of the plan for the term of sentence referred to in chapter 4, section 6 of the Imprisonment Act,
(2) on the basis of the information received on the conduct of the prisoner during his or her sentence, his or her personality and his or her criminality, it can be deemed probable that he or she shall follow the conditions of the probationary liberty,
(3) the prisoner undertakes to refrain from using intoxicating substances and doping substances referred to in chapter 44, section 16 of the Criminal Code and commits to the intoxicant abstinence control referred to in chapter 16, section 7, subsection 3 of the Imprisonment Act,
(4) the prisoner undertakes to comply with the duty to maintain contact and the other necessary written conditions connected with moving outside the institution and participating in activities,
(5) compliance with the conditions of probationary liberty can be supervised in a suitable manner, and
(6) the prisoner consents to the Prison Service authorities being to the necessary extent in contact with authorities, private associations and persons in matters related to the investigation of the conditions for probationary liberty or compliance with the conditions.
(3) If, subsequent to the taking of the decision, the conditions no longer exist for probationary liberty under supervision, the probationary liberty shall be withdrawn. If the prisoner violates the conditions in subsection 2(3)-(4), the prisoner shall be issued a warning or the probationary liberty shall be withdrawn for a fixed period of at least one month or in full. This shall also be done in the cases referred to in subsection 5.
(4) The period from the beginning of the day on which the prisoner violates the contact obligation referred to in subsection 2(4) to the end of the day on which the contact is resumed or on which he or she is apprehended for the purpose of return to prison, is not deemed time serving a sentence.
(5) If the prisoner commits an offence outside the prison, the provisions of chapter 2, section 13, subsection 2 shall be followed.
(6) Chapter 20 of the Imprisonment Act applies to appeal of the decision referred to in subsection 3 and chapter 21 of said Act applies to the authority to take a decision on probationary liberty under supervision.
Section 9 – Postponement of conditional release
(1) With the consent of the prisoner, his or her conditional release may be postponed if new sentences of imprisonment or conversion sentences for unpaid fines are to be enforced or the prisoner wants postponement of conditional release for another justified reason.
(2) Conditional release may be postponed without the consent of the prisoner if on the basis of the conduct of or threats made by the prisoner there is the evident danger that on release he or she would commit an aggravated offence against life, health or liberty and postponement of the release is necessary in order to prevent the offence.
(3) A decision pursuant to subsection 2 to postpone release shall be taken up for reconsideration at intervals of at most six months.
(4) Chapter 20 of the Imprisonment Act applies to appeal of the decision to postpone conditional release and chapter 21 of said Act applies to the authority to take the decision on the postponement of release.
Section 10 – Conditional release from life imprisonment
(1) A person sentenced to life imprisonment may be conditionally released at the earliest when he or she has served twelve years in prison. A person sentenced to life imprisonment for an offence committed before the age of twenty-one years may be conditionally released at the earliest when he or she has spent ten years in prison.
(2) In considering conditional release attention shall be paid to the nature of the offence or offences that had led to the sentence of life imprisonment, other punishments incorporated in the sentence of life imprisonment or that have been served during the period of imprisonment referred to in section 10a, the other possible subsequent criminality of the convicted person, and the factors referred to in section 9, subsection 2. In the consideration of release, attention shall be paid to the implementation of the plan for the term of sentence referred to in chapter 4, section 6 of the Imprisonment Act and also otherwise to the conduct while in prison.
(3) Before a person sentenced to life imprisonment is conditionally released, he or she may be placed in probationary liberty under supervision. If the Criminal Sanctions Agency deems that, due to an offence that has become evident before the probationary liberty under supervision, the release referred to in subsection 2 should be reconsidered, it shall submit the matter for reconsideration by the Helsinki Court of Appeals. The same procedure shall apply in respect of matters related to the term of sentence referred to in section 8, subsection 4, and in chapter 3, section 7 of the Imprisonment Act.
(4) The Act on the Procedure for Release of Long-Term Prisoners applies to consideration of the matter in the Helsinki Court of Appeals. (781/2005)
Section 10(a) – Calculation of the prison time of a person sentenced to life imprisonment
(1) The prison time of a person sentenced to life imprisonment is the sentence and the time that the prisoner has been under arrest, in remand or otherwise deprived of his or her liberty as a result of the offence, before beginning to serve the sentence.
(2) The period of loss of liberty referred to above in subsection 1 shall be deemed prison time even if the prisoner is at the same time serving a fixed-term sentence, imprisonment for unpaid fines, or military confinement.
(3) If a sentence of life imprisonment includes other sentences of imprisonment, the calculation of the prison time shall not include any deductions made from these sentences on the basis of chapter 6, section 13 which apply to the period before the beginning of the period of loss of liberty referred to in subsection 1.
Section 11 – Service of the entire sentence in prison
(1) In imposing a sentence the court may on the request of the prosecutor order that the convicted person shall not be released until he or she has served the entire sentence if :
(1) the offender is sentenced to a fixed-term sentence of imprisonment for at least three years for murder, homicide, killing, aggravated assault, aggravated rape, aggravated sexual abuse of a child, aggravated robbery, aggravated criminal mischief, genocide, crime against humanity, aggravated crime against humanity, war crime, aggravated war crime, torture, aggravated trafficking in persons, taking of a hostage, aggravated endangerment of health, nuclear device offence, hijacking, an offence committed with terrorist intent or an attempt of or complicity in such offence, (990/2009)
(2) during the ten years preceding the offence the offender had been guilty of an offence mentioned in subsection 1 or an offence mentioned in subsection 1 had been committed within three years of his or her release after having served the full sentence in prison or after having served life imprisonment or after he or she had been conditionally released in the manner referred to in section 12, subsection 1, and
(3) on the basis of the factors apparent in the offences and the investigation referred to in chapter 17, section 45, subsection 3 of the Code of Judicial Procedure the offender is to be deemed particularly dangerous to the life, health or freedom of another.
(2) When a joint fixed-term sentence of imprisonment is imposed for two or more offences, a prerequisite for the decision referred to in subsection 1 is that at least one of the offences is mentioned in said subsection and that the sentence imposed for it separately would be a fixed-term sentence of imprisonment of at least three years.
Section 12 – Reconsideration in court
(1) A person ordered to serve the entire sentence shall be conditionally released after he or she has served five-sixths of the sentence if he or she is no longer deemed particularly dangerous to the life, health or liberty of another. Conditional release on the basis of this subsection may occur at the earliest when the prisoner has been in prison for three years.
(2) Before conditional release the prisoner may be placed in probationary liberty under supervision. If the Criminal Sanctions Agency deems that, due to an offence that has become evident before the probationary liberty under supervision, the release referred to in subsection 1 should be reconsidered, it shall submit the matter for reconsideration by the Helsinki Court of Appeals. (1099/2010)
(3) If the person ordered to serve the entire sentence is not conditionally released, he or she shall be placed in probationary liberty under supervision three months before release.
(4) The Act on the Procedure for Release of Long-Term Prisoners applies to consideration of the matter in the Helsinki Court of Appeals.
Section 13 – Probationary period of conditional release
(1) A probationary period, which is equivalent to the length of the sentence remaining at the time of release, begins when a sentenced person is conditionally released. However, the maximum length of the probationary period is three years.
(2) The probationary period of conditional release and the remaining sentence for a person sentenced to life imprisonment is three years. If a person who has served his or her entire sentence in prison commits an offence referred to in section 14, subsection 1 within three years of when he or she was released from serving the entire sentence in prison, this is an aggravated factor in sentencing.
(3) The Act on Supervision on Conditional Release (782/2005) applies to the enforcement of the supervision of conditional release.
Section 14 – Ordering enforcement of the remaining sentence
(1) On the request of the prosecutor, the court may order that the remaining sentence be enforced if the convicted person commits a new offence during the probationary period for which in the consideration of the court he or she should be sentenced to unconditional imprisonment and for which charges have been brought within one year of the termination of the probationary period. In so doing one joint sentence of unconditional imprisonment shall be imposed for the remaining sentence to be enforced and the sentence imposed for the offence committed during the conditional release period, combined with the sentences of imprisonment to be imposed for other offences, in accordance with the provisions of chapter 7. However, the remaining sentence shall not be deemed the more severe penalty referred to in section 5, subsection 2 of said chapter. In determining the length of the remaining sentence to be enforced the court shall take into consideration the provisions of subsection 2.
(2) Enforcement of the remaining sentence may be waived in particular if :
(1) most of the probationary period had been served before the offence referred to in subsection 1 had been committed,
(2) the remaining sentence is brief,
(3) the sentence to be imposed for the offence committed during the probationary period is brief, or
(4) due to the sanction to be imposed on the perpetrator for the offence committed during the probationary period or the other consequences of the sentence the joint sentence would lead to an unreasonable result.
(3) The court may also order that a part of the remaining sentence shall be enforced, in which case the conditional release continues with the former probationary period.
(4) When the court orders that the remaining sentence shall be enforced, it shall state the length of the remaining sentence or part thereof to be enforced.
Early release - national proceedings
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