WHAT IS CONDITIONAL RELEASE (PAROLE)?
Conditional release is a penal execution institution that allows the convict, who has spent the part of the sentence binding the freedom he is sentenced to with good behaviour as stipulated by the law, to be released by the decision to be taken by the authority before the end of the entire period of conviction on the condition that it is taken as an additional condition if it does not comply with the conditions imposed and thus return to his normal life.
Conditional release;
It encourages the good behaviour of the prisoner,
There is a benefit in individualising penalties,
Maintains discipline and order in prisons,
Saves money for the state,
It is an important institution in terms of the unnecessity of keeping the convict there after his rehabilitation in prison.
WHAT ARE THE CONDITIONS FOR THE APPLICATION OF CONDITIONAL RELEASE (PAROLE) PROVISIONS?
Conditional release has three conditions: objective, subjective and disciplinary conditions.
The objective condition is the actual. Completion of the period that the convict must spend in the penal execution institution according to the execution regime. To which he/she is subject to as of the date of the offence or the nature of the offence. Or in the probation directorate. In accordance with Article 105/A of the Law No. 5275.
The subjective condition is that the convict is in good behaviour. In order for the court to decide on conditional release. There must be a reasoned good behaviour decision. Prepared by the penal execution institution administration and observation. Board in line with the opinion of the disciplinary. Board of the penal execution institution or by the Directorate. Of Supervised Release if the convict has been released. With supervised release in accordance with Article 105/A of the Law No. 5275.
Disciplinary condition. The convict must not have received a disciplinary penalty or even if he/she has received a disciplinary penalty. The disciplinary penalty must have been cancelled.
WHAT ARE THE CASES WHERE CONDITIONAL RELEASE (CONDITIONAL RELEASE) WILL NOT BE APPLIED?
There are some penalties to which conditional release will not be applied, to look at these penalties;
Conviction to aggravated life imprisonment. Due to the commission of each of the crimes under the second book, fourth part, fourth section titled “Crimes Against the Security of the State”, fifth section titled “Crimes Against the Constitutional Order and the Functioning of this Order”, sixth section titled “Crimes Against National Defence” of the Turkish Penal Code No. 5237 within the framework of the activities of an organisation,
Decisions on the revocation of the decision on conditional release,
Sentences for. Which it is decided to apply the execution regime specific to repeat offenders for the second time,
Disciplinary detention,
Compulsive imprisonment,
Enforced confinement,
Imprisonment,
The judicial fine imposed. Directly and the judicial fine converted from imprisonment. For the offence committed after 01/03/2008 can basically be counted as prison sentences.
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