Strictly necessary

Make the site work and remember your choice here. They cannot be turned off.

Always on

Analytics

Show us how the site is used, so we can improve it.

Marketing

Let us measure how well our advertising campaigns perform.

+40 (744) 368 368office@bsa.roStr. Belgrad 10, Sector 1, 011804Buju, Stanciu & Asociații is a member of Interlegal and Legal Network International

Criminal law and business criminal law

By Buju, Stanciu & Asociații

Parole: what you need to know about the prospects of early release from prison

In criminal law, one of the most widely debated topics is that of parole. For those convicted, and for their families as well, the possibility of being released before the sentence has been served in full offers hope. However, contrary to popular belief, parole is not an absolute right but a possibility granted only under strict conditions.

In this article we explain, step by step, what parole involves, what the legal conditions are, when it may be obtained and in what circumstances it may be revoked.

What is parole?

Parole is a legal measure allowing a person sentenced to imprisonment to leave the penitentiary before the sentence has been served in full. It does not mean that the conviction is quashed; it is merely a form of continuing to serve the sentence at liberty, under supervision.

It is important to understand that parole is NOT automatic and is NOT guaranteed. It is granted only if the convicted person meets certain criteria and the court considers that their reintegration into society is possible.

Under article 100 of the Criminal Code, a convicted person may be granted parole if:

  1. They have served a significant part of the sentence:
    • At least 2/3 of the sentence where the sentence does not exceed 10 years.
    • At least 3/4 of the sentence, but no more than 20 years, where the sentence exceeds 10 years.
  3. They are held under a semi-open or open regime:
    • The detention regime reflects the inmate's level of dangerousness and their conduct while serving the sentence. Only persons held under less restrictive regimes may be released on parole.
  5. They have paid all civil obligations established by the judgment of conviction:
    • Where they have been unable to pay them, they must prove that they had no real means of doing so.
  7. The court is satisfied that they have reformed and can reintegrate into society:
    • This assessment is made on the basis of conduct in the penitentiary, psychosocial assessment reports and other relevant factors.

Exceptions and special provisions

For persons who have reached the age of 60, the conditions are more favourable:

  • Parole may be granted after half of the sentence has actually been served, where the sentence does not exceed 10 years.
  • Where the sentence exceeds 10 years, it may be granted after two thirds have been served.

In addition, account is also taken of the work performed by the inmate. This may reduce the period actually spent in detention. Even so, there are limits:

  • Parole cannot be granted earlier than half of the sentence actually served for sentences of up to 10 years.
  • And no earlier than two thirds of the sentence for sentences exceeding 10 years.

What happens after parole is granted?

If the court grants parole, it also sets a supervision period, equivalent to the time remaining until the end of the sentence.

The court is also required to:

  • Set out in detail the factual reasons justifying the release;
  • Warn the released person as to the conduct they must observe;
  • Inform them of the consequences of failing to comply with the conditions imposed.

Revocation of parole: when does the convicted person return to prison?

Parole may be revocata in two main situations (under art. 104 of the Criminal Code):

1. Failure to comply with the supervision measures or the obligations imposed

If, in bad faith, the released person:

  • Fails to comply with the conditions imposed by the court;
  • Fails to appear on the dates set;
  • Or breaches other obligations established during the supervision period;

The court may then order revocation of the release and the person's return to prison to serve the remainder of the sentence.

2. Commission of a further offence during the supervision period

This is the most serious situation. Where the person:

  • Commits a further offence;
  • The offence is discovered during the supervision term;
  • And is convicted by a final decision;

The court orders automatic revocation of conditional release, and the remainder of the sentence is served cumulatively with the new sentence, in accordance with the rules on recidivism or intermediate plurality of offences.

Conditional release in the case of life imprisonment

The same procedure and conditions (adapted to the particular circumstances) also apply to persons sentenced to life imprisonment. Although the prospects are slimmer, conditional release may also be granted in such cases, subject to certain conditions, and revocation follows the same principles.

What is the role of a lawyer in conditional release proceedings?

An experienced criminal lawyer can make a decisive difference to the prospects of success of an application for conditional release. The most important contributions include:

  • Assessing whether the statutory conditions are met;
  • Drafting the application and the legal arguments;
  • Representation before the court and arguing the application before the judge;
  • Challenging any decision to reject the application;
  • Advising the detainee and the family on the documents required and on conduct within the penitentiary.

Conclusion

Conditional release is an essential legal mechanism allowing detainees to be gradually reintegrated into society. It is not a form of leniency, but a reward for good conduct and concrete evidence of rehabilitation. At the same time, it serves as a social protection measure, enabling the authorities to supervise conduct after detention.

If you or someone close to you is in a position to apply for conditional release, specialist legal assistance is essential. An experienced criminal lawyer will be familiar not only with the legal framework, but also with the practice of the courts, argumentation strategies and the best prospects of success.