Conditional early release. Parole
Dismissal under Conditional early release. Parole.
Punishment imposed by the court for a criminal offense involves not only direct punishment, but also the state's desire to correct the convicted and prevent repeated crimes. If there are prerequisites that the goal was achieved, then it makes no sense for the convicted person to continue serving his sentence. That is why in the criminal law of Ukraine there is such a concept as "Conditional early release". The current Ukrainian legislation provides for the subjects to which the Parole applies, as well as the procedure for applying the UDO to the subjects.
Our law firm provides qualified legal assistance at any stage of a criminal case, even at the stage of serving a sentence. Therefore, if you or your loved ones find yourself in a difficult life situation, contact our specialists who are ready to provide quality services that will definitely lead to a positive result.
Parole, as a rule, is applied to convicts who, by their behavior, have been able to prove that they have embarked on the path of correction and are ready to become decent citizens in the future. Convicts must adhere to the rules of conduct and the regime established in the places where they are serving their sentences, as well as diligently perform the work that was assigned to them. If the convict faithfully fulfills his duties, this may indicate that the convict has reformed.
It is worth noting that release on parole in Lviv is possible only in cases where the convicted person has served a certain period of time in a penitentiary (correctional) institution, which in turn is determined depending on the severity of the crime committed by the convicted person.
Convicts who were sentenced to such types of punishment as restrictions or deprivation of liberty, detention in special disciplinary battalions of military personnel, correctional labor, service restrictions for military personnel, etc., can be released on parole.
According to Article 81 of the Criminal Code of Ukraine, the grounds for the use of UDS include:
- crimes of minor and medium severity, except for corruption, as well as a serious crime due to negligence if the convicted person has served half of the sentence;
- deliberate serious crime, especially serious crime due to negligence, corruption crime of medium severity: release under parole can be applied only when the convict has served no less than two-thirds of the sentence. In addition, this ground can be applied in cases where the convicted person had already served a sentence for an intentional crime and before the conviction was completed, he committed an intentional crime again and was convicted again;
- release under parole may be applied for an intentional, particularly serious crime, if the convict has already served at least 3/4 of the sentence. In cases where the convicted person was previously released on parole, but during the unexpired part of the sentence, he commits an intentional crime again, the convict can also apply for release on parole from serving the sentence after 3/4 of the sentence has passed.
According to Art. 539 of the Criminal Procedure Code of Ukraine, if the convicted person falls under one of the above-mentioned reasons, he has the right to apply to the court. In some cases, the court may refuse the application, in which case you can re-submit the petition one year after the court issued a decision on the refusal, and also no earlier than after six months, if the convicts are minors.
Our specialists will be able to help draft a petition and send it to the court. The issue of Parole is considered by the court according to the petition. As a rule, the petition is considered within 10 days from the day it was submitted. During the session, the court considers the petition in the presence of the prosecutor, the convicted person and his defense counsel. After which a decision is issued.
Our company offers a full range of services, comprehensive consultations, selection of a qualified defense attorney who will be able to help resolve the issue of dismissal under the Conditional early release and the opportunity to start a new life with the right orientations and values.