What is parole?
A convicted person who has served two-thirds of his prison sentence will be conditionally released from serving his sentence by the court if he has improved during his sentence in such a way that it can be reasonably expected that he will behave well outside the prison, and especially that he will not commit a new criminal offense by the end of the time for which the sentence was imposed. When assessing whether the convicted person will be released on parole, his conduct during the sentence, performance of work duties, taking into account his ability to work, as well as other circumstances that indicate that the convicted person will not commit a new criminal offense while on parole will be taken into account. A convicted person who has been punished twice for serious disciplinary offenses while serving his sentence and who has been deprived of the benefits granted cannot be released on parole. The court decides on parole at the request of the convicted person, and the opinion is given by the institution where the convicted person is serving his sentence.
When is parole revoked?
The court will revoke parole if the convicted person, while on parole, commits one or more criminal offenses for which a prison sentence of more than one year has been imposed. The court may revoke conditional release if the parolee commits one or more criminal offenses for which a prison sentence of up to one year has been imposed, i.e. fails to fulfill one of the obligations set by the court, and when assessing whether the conditional release will be revoked, the court will particularly take into account the relatedness of the committed criminal acts, the motives from which they were committed, and other circumstances that indicate the justification for revoking the conditional release.
How is the parole procedure initiated?
The procedure for parole is initiated by submitting an application to the court after serving 2/3 of the sentence. It is not necessary that the application be drawn up by a lawyer, but it is certainly recommended. Upon receipt of the application, the court will schedule a parole hearing where your lawyer can attend and explain the application orally.
Is it possible to be released on parole from serving a sentence of house arrest?
The answer is: yes, the same parole rules apply to home incarceration as to prison time.
Lawyer Novi Sad- Danilo Babić
