Probation means that the convict leaves prison and remains under supervision in the community until the conditional release date. The provision in Law No. 5275, Art. 105/A has given convicts a significant opportunity for release.
What is probation?
Convicts with 1 year or less remaining until the conditional release date may benefit from probation by decision of the sentence execution judge. During this period, the convict fulfills the obligations set by the probation directorate.
Conditions
- Good conduct: The convict's behavior in the penal institution must be of good conduct.
- Time requirement: Less than 1 year must remain until the conditional release date.
- Request: The sentence execution judge decides upon the convict's request.
- Offense type: Certain offenses (sexual offenses, terrorism offenses) cannot benefit from probation.
Information
The probation period is frequently updated by legislative amendments. Between 2020-2023 it was raised to up to 3 years by COVID provisions, and afterwards returned to 1 year.
Period and calculation
The probation period is calculated as 1 year back from the conditional release date. That is:
- Conditional release date: 15.06.2028
- Start of probation: 15.06.2027
- Probation period: 1 year
Sample probation calculation
The actual calculation varies according to offense type, good conduct and the sentence execution judge's decision. Probation starts 1 year before the conditional release date.
In case of violation
A convict who does not comply with probation obligations or who commits a new offense may be recalled from probation by decision of the sentence execution judge and may return to prison.
Attention
Obligations must be fulfilled meticulously throughout probation. A violation leads to loss of the right.
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Open the calculatorFrequently asked questions about probation
How long is the probation period?
As a rule, it is 1 year (Law No. 5275, Art. 105/A). Different periods may apply from time to time through legislative amendments.
What are the conditions?
Good conduct, less than 1 year remaining until conditional release and a decision of the sentence execution judge.
What if an offense is committed on probation?
Recall and return to prison may follow.
Is working mandatory?
The obligations set by the probation directorate must be fulfilled. Measures such as working in public service or not going to certain places may be applied.
When does it end?
It ends on the conditional release date. After this date, the convict is deemed to have fully served the sentence.