CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 129: Conditional release

1A sentenced child may be granted conditional release from serving the sentence only if the child has served:

anot less than one third of the imprisonment sentence in case the child has been punished by up to three years of imprisonment;

bnot less than one half of the imprisonment sentence in case the child has been punished by up to eight years of imprisonment;

cnot less than two thirds of the imprisonment sentence in case the child has been punished by over eight years of imprisonment.

2In the cases provided under paragraph 1 of this Article, the imprisonment term served by the child shall not be less than three months.

3The Institution of Execution of Criminal Sentences for children not later than three months from the date closest to the conditional release, shall notify the Probation Service of the possible release of the child. The Probation Service shall analyse the behaviour of the child during the serving of the sentence, the facts and data of previous criminal acts, the child’s personality, the family situation, nature of crime committed by the child and other circumstances that may affect the taking of a decision on early release.

4When a child is granted conditional release from a community work, the imprisonment term already served in the form of community work shall be included in the period foreseen under paragraph 1 of this Article according to the calculation which equals 10 hours of community work to one day imprisonment.

5When a child is granted conditional release from serving a sentence of restriction of liberty, the imprisonment term already served in the form of restriction of liberty shall be included in the period foreseen under paragraph 1 of this Article, according to the calculation which equal one day of restricted liberty to one day of imprisonment.

6In case a decision refusing conditional release is taken, the court must indicate measures to be taken in the future by the child and the staff of the Institution of Execution of Criminal Sentences for children in order to be granted conditional release in the future.

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