Conditional release is the sentence execution institution that allows a convict who has served a certain part of the sentence with good conduct to spend the remaining part under supervision in the community. The main basis is Law No. 5275, Art. 107.
What is conditional release?
Conditional release is the release of the convict without waiting for the sentence to be fully executed, on condition that the convict is of good conduct and has served a certain part of the sentence. The released convict remains under supervision for the remaining period.
Rates (3/4 · 2/3)
| Offense Type | Conditional Release Rate |
|---|---|
| Rule (general offenses) | 3/4 (three quarters of the sentence) |
| Terrorism offenses | 2/3 (two thirds of the sentence) |
| Certain special offenses (TPC Art. 102, 103, etc.) | 2/3 |
| Organized offenses | 2/3 |
Information
The rates vary according to the date on which the offense was committed. The provisional articles of Law No. 5275 and the provisions of Law No. 7242 have prescribed different rates on different dates.
Good conduct requirement
For conditional release, the convict must be of good conduct. Good conduct is assessed by criteria such as the convict's behavior in the penal institution, whether the convict has received a disciplinary penalty, and participation in education and work activities.
Calculation method
- The total sentence length is determined.
- The period of detention is deducted.
- The conditional release rate (3/4 or 2/3) is applied to the remaining period.
- The resulting period is added to the execution start date to find the conditional release date.
Sample conditional release calculation
If the 2/3 rate is applied, the date is earlier. For example, if the 2/3 rate were applied to the same sentence, the period required to be executed would be 4 years 8 months and the release date would be brought forward by about 8 months.
Attention
The conditional release date also forms the basis for the probation start date. The date 1 year before it is the start of probation (Law No. 5275, Art. 105/A).
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Open the calculatorFrequently asked questions about conditional release
What is conditional release?
The sentence execution institution that allows a convict who has served a certain part of the sentence with good conduct to spend the remaining period in the community.
What is the rate?
As a rule 3/4; for terrorism and certain special offenses 2/3.
Is good conduct required?
Yes. Without good conduct, conditional release may be postponed.
How is it calculated?
Detention is deducted, 3/4 or 2/3 is applied to the remaining period, and the result is added to the execution start.
Is there supervision afterwards?
Yes. After conditional release, the convict remains under supervision for the remaining period. If a new offense is committed during this period, conditional release may be revoked.