From June 9, 2018, what is required for conditional early release?

Accordingly, conditional early release is a measure applied by the Court to a person serving a prison sentence when all conditions prescribed by the Penal Code are met, and it is deemed unnecessary to force them to continue serving their prison sentence at a detention facility.

A person serving a prison sentence for a serious crime, very serious crime or especially serious crime, if not falling under the circumstances specified in Clause 2, Article 66 of the Penal Code, may be released from prison early when all of the following conditions are met:

1. Has had his prison sentence reduced.

2. First-time offender. Considered a first-time offender and can be considered if one of the following cases applies: a- Has never committed a crime before; b- Has previously committed a crime but has been exempted from criminal liability; c- Has previously committed a crime but has been subject to judicial education measures at a reformatory school; d- Has previously been convicted but is considered to have no criminal record.

3. Having made much progress and having a good sense of reform, shown in good compliance with the regulations of the prison, temporary detention camp, and temporary detention house; actively studying, doing reform work, and having enough periods of serving the prison sentence with a grade of good or better, specifically as follows:

a- A person serving a life sentence that has been reduced to a fixed-term prison sentence must have at least 20 consecutive quarters immediately preceding the time of consideration and request for conditional early release from prison and be classified as having served the prison sentence as good or better.

b- A person serving a prison sentence of 20 to 30 years must have at least 16 consecutive quarters immediately preceding the time of consideration and request for conditional early release from prison and be classified as having served the prison sentence as good or better.

c- A person serving a prison sentence of 15 to 20 years must have at least 12 consecutive quarters immediately preceding the time of consideration and request for conditional early release from prison and be classified as having served the prison sentence as good or better.

d- A person serving a prison sentence of 10 to 15 years must have at least 8 consecutive quarters immediately preceding the time of consideration and request for conditional early release from prison and be classified as having served the prison sentence as good or better.

d- A person serving a prison sentence of more than 5 years to 10 years must have at least 6 consecutive quarters immediately preceding the time of consideration and request for conditional early release from prison and be classified as having served the prison sentence as good or better.

e- A person serving a prison sentence of more than 3 to 5 years must have at least 4 consecutive quarters immediately preceding the time of consideration and request for conditional early release from prison and be classified as having served the prison sentence as good or better.

g- A person serving a prison sentence of 03 years or less must have at least 02 consecutive quarters immediately preceding the time of consideration and request for conditional early release from prison and be classified as having served the prison sentence as good or better.

4. Have a clear place of residence.

5. Completed additional penalties of fine, court fees and obligation to compensate for damages.

6. Having served at least half of a fixed-term prison sentence; at least 15 years in the case of a life sentence that has been reduced to a fixed-term prison sentence.

7. When considering conditional early release from prison, careful and close consideration must be given to ensure that it does not affect social security, order and safety, especially in cases of drug-related crimes, corruption, organized crime, masterminds, leaders, commanders, stubborn, oppositional, thugs, and dangerous recidivists.

Cancellation of conditional early release decision

During the probation period, upon request of the competent Criminal Enforcement Agency, the Court that has issued a decision on conditional early release may revoke this decision and force them to serve the remaining unserved sentence, if they intentionally violate their obligations 2 times or more or are administratively sanctioned 2 times or more.

Shorten the challenge time

A person released from prison early may have his/her probation period shortened if he/she meets all of the following conditions: 1. Has served at least half of the probation period; 2. Has made significant progress, demonstrated by the fact that during the probation period, the person released from prison early has strictly complied with the law and obligations; actively studied, worked, corrected mistakes, and made achievements in production, protecting national security, etc., and has been commended by a provincial-level agency or higher.

Each year, a person conditionally released from prison may have their probation period shortened once from 3 months to 2 years. The decision to shorten the probation period must clearly state the remaining probation period for the person conditionally released from prison.

In case the probation period of a person released from prison early with conditions is less than 03 months, the Court may decide to shorten the remaining probation period.