General Part
Section IV. Release from Criminal Responsibility and Punishment
Chapter 12. Release from Punishment
Article 79. Conditional Early Release from Punishment
1. A person who has served in a disciplinary military unit, or deprivation of liberty shall be subject to conditional release ahead of time if the court finds out that for his rehabilitation he does not need to serve the full punishment imposed by the court. In this case the person may be fully or partially released from the remaning term of punishment.
2. In granting conditional early release, the court may place on the convicted person the duties provided for by the fifth part of Article 73 of this Code, which duties shall be executed by him during the remaining term of punishment.
3. Conditional early release may be applied only after the actual serving by the convicted person:
¥ a) of not less than one third of the term of punishment imposed, for a crime of small
or average gravity;
b) of not less than a half of the term of punishment imposed, for grave crime;
c) of not less than two thirds of the term of punishment imposed, for an especially grave crime, and also of three-fourths of the term of punishment imposed on a person who was released conditionally and short of term, if the conditional early release was reversed on the grounds, provided for by the seventh part of this Article.
4. The term of deprivation of liberty actually served by the convicted person may not be less than six months.
5. A person who serves deprivation of liberty for life may be released conditionally and short of the term, if the court finds that he does not need to serve this punishment subsequently and if he has actually s served not less than 25 years of his sentence. The conditional release ahead of time from further serving deprivation of liberty for life shall only apply where there are no malicious breaches of the established procedure for serving the punishment within the previous three years. The conditional release ahead of time shall not apply to a person who has committed, while serving deprivation of liberty for life, a new grave or especially grave crime.
6. Control over the behaviour of the person released conditionally and short of term shall be exercised by the specialized state body authorized therefor, while control over the behaviour of servicemen shall be exercised by the commanders of military units and establishments.
7. If during the remaining term of punishment:
• a) the convicted person has made a breach of public order, for which an administrative penalty was imposed on him, or has maliciously evaded the execution of the duties placed on him by a court of law in grating the conditional early release, then the court, on the proposal of the bodies referred to in the sixth part of this Article, may decree the reversal of the conditional early release and the reimposition of the remaining term of punishment;
b) the convicted person has committed a crime by negligence, then the question of reversal or the preservation of the conditional early release shall be resolved by a court of law;
c) the convicted person has committed a willful crime, then the court shall impose punishment on him under the rules stipulated by Article 70 of this Code. In case of the commission of a crime by carelessness, the court of law imposes punishment under the same rules if the conditional early release is reversed .
Early release - national proceedings
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