GENERAL PART
Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS
Release on Parole
Article 88
(1) The offender, who has served half of his sentence of imprisonment, may be released from a penal institution under the condition that until the term, for which he was sentenced, has elapsed he does not commit another criminal offence.
(2) The offender, who has been sentenced to over fifteen years' imprisonment, may be released on parole after he has served three quarters of the sentence.
(3) The offender, who has been sentenced to life imprisonment, may be released on parole after he has served twenty-five years in prison.
(4) The statute shall prescribe the body responsible for the granting and denying of parole.
(5) The offender may be released on parole when it is reasonable to expect that he will not repeat the criminal offence. In considering whether to release the offender on parole, they shall take into account in particular the possibility of re-offending, any criminal proceedings taking place against the offender for criminal offences committed before they started serving their prison sentence, the attitude of the offender towards the criminal offence committed and towards the victim, the offender’s conduct during the serving of the sentence, the success of treatment of addiction, and the conditions for the offender’s reintroduction to life outside prison.
(6) Exceptionally, the offender who has served only one third of his sentence may be released on parole if he complies with the condition under paragraph 5 of the this Article and if special circumstances referring to his personality indicate that he will not repeat the criminal offence.
(7) The offender, who shall be released on parole, may be put under custodial supervision by the court on the proposal of the body responsible for granting and denying parole. Custodial supervision shall be performed by a counsellor who shall have the same tasks as in suspended sentence with custodial supervision.
(8) The court's instructions may include the following tasks to be performed by the offender on parole:
1) to submit himself to a course of medical treatment at an appropriate institution, also treatment of alcohol or drug addiction with his consent;
2) to attend sessions of vocational, psychological, or other consultation;
3) to qualify for a job or to take up employment suitable to his health, skills, or inclinations;
4) to spend income according to the duties relating to family support;
5) prohibition of association with certain persons;
6) restraining order to keep the perpetrator away from the victim or some other person;
7) ban on access to certain places.
Revoking of Parole
Article 89
(1) The court shall revoke parole if the parolee commits one or more criminal offences, for which a prison sentence of more than one year may be imposed.
(2) The court shall revoke parole if the parolee commits one or more criminal offences, for which a prison sentence of up to one year may be imposed. In deciding on the revoking of parole, the court shall consider in particular the similarity of the criminal offences committed, their seriousness, the motives for which they were committed, and other circumstances indicating whether it is reasonable to release the offender on parole. The court shall also revoke the parole if the parolee does not perform the tasks, which were ordered by the body responsible for granting or denying the parole.
(3) In revoking parole, the court shall impose a sentence in accordance with Article 53 and paragraph 2 of Article 55 of this Penal Code, whereby the court shall take as determined that part of the sentence, which has not yet been served.
(4) Provisions under paragraphs 1, 2 and 3 of this Article shall also apply, when the parolee is convicted of a criminal offence he had committed prior to being released on parole.
(5) If the parolee is sentenced to imprisonment for a term not exceeding one year and the court does not revoke parole, then the period of parole shall be prolonged for the time of serving the sentence.
(6) If the parolee commits a criminal offence during parole, which entails the revoking of parole and such an offence is not considered by the court before the expiry of the term of parole, the parole may be revoked within one year from the expiry of the term of parole.
Early release - national proceedings
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