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Here are the new changes to the Criminal Code...
The changes to the Criminal Code, presented today by the Ministry of Justice, are being revealed. One of the novelties of this code is that those sentenced to life imprisonment will be given the opportunity to leave their cells on parole.
The head of the Magistrate's Office himself argued this change because "people change." But what will the procedure be for removing a person sentenced to life imprisonment from his cell?
According to the new law, the basic condition is that the person sentenced to life imprisonment has served no less than thirty-five years of imprisonment by the date of the request, and only if, during the serving of the sentence, he has provided evidence that he has repented and left the world of crime.
“ The request for early conditional release is submitted personally by the convicted person. It is addressed to the court of the place where the convicted person is serving the sentence. The Institute for the Execution of Criminal Decisions where the convicted person is serving the sentence, takes measures to immediately forward the request to the competent court, notifying without delay a copy thereof to the prosecutor at the court of the place of execution and the relevant probation service. The authorities of the Institute for the Execution of Sentences accompany the request with a detailed report containing detailed data as required by the contents of the first paragraph of this article and Article 174 of this Code and the obligations imposed by law for the execution of criminal decisions for the participating entities ”, the Code states.
New predictions
Article 181- Possibility of conditional release for a person sentenced to life imprisonment
1. The conditional release of a person sentenced to life imprisonment may be granted after he has served no less than thirty-five years of imprisonment by the date of the request and only if, during the service of the sentence, he has provided evidence of participation in the treatment program, has shown a certain remorse based on his overall behavior, his willingness to integrate into society, resulting from an interest in ethical and social values, evidence of kindness and solidarity, in the attitude held towards the victim of the offense committed by him, compensation for the damages he has caused them, the cessation of contacts with the criminal world, and the aim of erasing the harmful consequences of the criminal offense, not only economic, but also social, psychological or public order.
2. The request for early conditional release shall be submitted personally by the convicted person. It shall be addressed to the court of the place where the convicted person is serving his sentence. The Institute for the Execution of Criminal Decisions where the convicted person is serving his sentence shall take measures to immediately forward the request to the competent court, by notifying without delay a copy thereof to the prosecutor at the court of the place of execution and the relevant probation service. The authorities of the Institute for the Execution of Sentences shall accompany the request with a detailed report containing detailed data as required by the contents of the first paragraph of this article and Article 174 of this Code and the obligations imposed by law for the execution of criminal decisions on the participating entities.
3. In the court session on early release on parole, in addition to the convicted person, the prosecutor and the probation service, the court also hears the opinion of the victim of the criminal offense. The court, composed of three judges, through judicial debate, examines in detail whether the criteria for early release on parole with the conditions set out in this article and article 174 of this Code have been met.
4. In the overall assessment of all the circumstances, the court must assess whether the purpose of the punishment for his education has been achieved and, based on this assessment, give its decision. The state of crime in the country and the trends in criminal policy applied by the courts in issuing decisions on crimes committed in general, are elements that are taken into account in the implementation of early conditional release. The other parties in this process, according to the interests they represent, also assess the same circumstances.
5. The court's decision ordering early release on parole shall be executed immediately.
Article 182- Obligations of a person sentenced to life imprisonment released on parole
1. The court, when accepting the request, orders the person sentenced to life imprisonment to maintain contact with the probation service for a period of five years from the date the decision becomes final and to fulfill some of the obligations of the person sentenced while serving probation as provided for by this Code.
2. When a person sentenced to life imprisonment does not maintain contact with the probation service or when he does not fulfill the obligations determined according to the provisions on the obligations of the convicted person during his service in the probation service provided for by this Code, except when the non-fulfillment results from accepted objective circumstances, the court decides to revoke the decision and continue the execution of the decision to life imprisonment. The convicted person may not repeat the request for his early release on parole.
Article 183- Obligations of probation service
1. The probation service, in relation to early conditional release, continuously monitors the progress of the implementation of the court decision by the convicted person and submits periodic reports to the court regarding his/her behavior and compliance with obligations for periods of time considered valid by the service itself, based on the type of criminal offense committed by the convicted person and the obligations imposed on him/her.
2. The probation service shall accurately record the time of payment of the alternative to imprisonment by compiling a joint report in the presence of the convicted person and the public or private entities to which the obligations imposed during the probation period have been paid. The report shall be filed with the prosecutor who shall ascertain the completion of the payment of the alternative to early conditional release.
3. Written reports of the probation service, in the case where it is summoned to trial, before the court gives the judicial decision on the matters regulated by this section, have no binding effect on it. Reports, even when submitted primarily by the probation service, are subject to the general rules for the treatment of evidence in criminal proceedings.
4. Any violation during the performance of the duties of supervision, treatment or control of the convicted person, committed by the responsible persons charged by the court decision or an act deriving from it, shall be subject to criminal liability according to the provisions in the special part of this Code. /Pamphlet
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