Just because a convicted person has been sentenced to 15 years in prison does not mean that he or she will actually serve the entire 15 years. In fact, he may be eligible for early release from prison. In this article, we will look at the entire parole process in detail. You will learn not only who can apply and when, but also what conditions must be met to qualify.
Early release, technically referred to as conditional release from imprisonment, is a way for a convicted person to leave the prison gates before his or her full court-ordered sentence expires. However, it is not an automatic process – the court takes a number of factors into account when deciding whether to release a prisoner early. These include, for example, the prisoner’ s behaviour while in prison, his or her efforts to reform and, above all, an assessment of whether he or she is no longer a threat to society.
This institution is an important element of criminal law, as it not only gives prisoners a chance for a fresh start, but also saves prison capacity and allows for more effective re-socialisation of convicts. Once a prisoner is released, however, his life does not return to normal – he must fulfil several conditions and remain under supervision.
Parole is an institution of criminal law that allows convicts to leave prison before their full sentence expires, under certain conditions. However, it is not absolute freedom – early release is only possible if a number of conditions set by the court are met. These conditions must be met by the prisoner applying for early release, even after release. This can be either a simple conditional release or a supervised conditional release.
The legal basis for conditional release is found in Section 88 of the Criminal Code and the procedural rules are laid down in Section 331 of the Code of Criminal Procedure. The decision on conditional release is entirely within the competence of the court, which decides on the basis of an application submitted by the convicted person or another authorised person.
The difference between conditional release and other forms of termination of sentence, such as a presidential pardon or amnesty, is that with conditional release, part of the sentence remains ‘suspended’. If the convicted person violates the conditions, the court can send him or her back to prison.
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The court can decide to grant parole if the prisoner meets several key conditions:
The prisoner must serve at least 1/3 of the sentence if convicted of a common offence.
For more serious crimes, especially those classified as particularly serious crimes (rape, battery, murder), the requirement is higher – usually 1/2 of the sentence, or even 2/3 of the sentence.
Even prisoners with exceptional life sentences can apply for parole. For these prisoners, they can apply for release after 20 years of serving their sentence at the earliest. However, they can only apply if, given the circumstances of their offence and the nature of their personality, they are not at risk of repeating what they are in prison for. However, if a life sentence states that the time spent in a maximum security prison does not count towards parole, the convict can apply for parole after 30 years at the earliest, as transfer from a maximum security prison to a more lenient type of prison is only possible after 10 years.
The court assesses whether the convicted person has shown exemplary behaviour while serving the sentence. This means that it also assesses whether the prisoner has participated in therapeutic activities, taken advantage of educational programmes or attended employment during his or her stay in prison. At the same time, the court takes into account whether the applicant for conditional release has complied with all disciplinary rules in the prison.
The prisoner must satisfy the court that he has taken steps to reform himself. However, in this case, he is not the only one making arguments. Authorised prison staff and the Probation and Mediation Service also intervene in the conditional release process. Their assessment must conclude that there is a low risk of the prisoner committing further offences.
In 2022, a total of 2887 applications for conditional release from imprisonment were filed in the Czech Republic. Most of the applications were submitted by the convicts themselves.
It is not always the prisoner who has to apply for early release. Several people can apply for parole. If the prisoner does not choose to do so, the prisoner’s relatives can apply on his or her behalf. Often it is family members who take on this task, especially when the prisoner does not have the capacity to make the application.
Althoughthe submission of the application is a simple administrative step, it is very important that it contains all the relevant details and information. The application is made either directly to the court or through the prison. The application can be made after the expiry of the statutory part of the sentence (1/3, 1/2 or 2/3). It must include the prisoner’s identification data, the reasons why the prisoner meets the conditions for release and evidence of rehabilitation (work evaluations, reports from psychologists, etc.).
In addition, the lawyer who represents the prisoner may also submit this request. If you want to make sure that your loved one actually gets a chance to leave prison before the entire prison sentence expires, then use the services of our law firm. We know what all needs to be done and how to word the request to maximize the chances that the court will take it seriously.
According to data available on the Czech Justice website, in recent years it appears that around 32% of convicts who have met the legal requirements and submitted an application have been successful. On the other hand, approximately 40% of applications were not approved and the rest were dealt with in other ways.
There are several steps in the parole process. Once the prisoner has made an application, the Probation and Mediation Service comes into play. The prison provides a report on the prisoner’s behaviour during the sentence and the PMS assesses whether the prisoner is a suitable candidate for release.
The parolehearing is held in the presence of the prisoner, his lawyer, the public prosecutor and the prison representative. The court shall hear both the sentenced person and the public prosecutor, the prison representative and any witnesses. On the basis of the evidence presented, it shall decide whether to grant or refuse the application.
If the court rejects the application, it can be resubmitted, but usually after six months.
If the prisoner is released on parole, the court will set a probationary period, which can last up to three years for less serious offences and between one and seven years for more serious offences. At the end of this period, the court will assess whether the parolee has fulfilled the conditions and proved his or her worth. During this period, the released person may be subject to certain obligations and restrictions, such as undergoing job training, avoiding unsuitable places, apologising to the victim, paying for damages, repairing non-pecuniary damage, handing over unjust enrichment obtained through criminal activity, performing community service or complying with probation supervision. He may also be required to stay at his residence.
If the released person fulfils these conditions, the court will confirm that he has proved himself. However, if he violates the conditions or no longer complies during the probationary period, the court may order him to return to prison to serve the rest of his sentence.
If the court does not rule on certification within one year of the end of the probationary period, through no fault of the parolee, the person is automatically deemed to have been certified by virtue of a legal fiction. In any event, if the court grants the convict certification, the sentence shall be deemed to have been served on the date of the conditional release.
Parole from imprisonment is therefore an opportunity for the convicted person to get a chance for a fresh start. However, this process is not automatic and requires not only compliance with the legal conditions but also a demonstration of exemplary behaviour and rehabilitation during the sentence. It requires the interplay of all the parties involved – from the convict himself, to the professionals from the Probation and Mediation Service, to the court, which decides on the basis of the evidence. If the convicted person successfully fulfils all the conditions, he or she can regain his or her freedom earlier and contribute to his or her own re-socialisation and to the more effective functioning of society.
Parole allows convicts to leave prison early if they meet the conditions set out in law. The key factors are a minimum length of time served (1/3, 1/2 or more depending on the seriousness of the offence), exemplary behaviour and a low risk of reoffending. Prisoners, their relatives or legal representatives can apply for release. The application shall include identifying information, evidence of rehabilitation and other supporting documents. The process involves an assessment by the Probation and Mediation Service and a decision by the court, which may be positive or negative. After release, there is a probationary period with possible obligations and supervision. If the released person complies with the conditions, the sentence is considered served.
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