Enforcement of a sentence after a conviction of more than 3 years: what are your options?

No automatic release after serving one-third of the sentence

A common misconception is that convicted individuals are automatically released after serving one-third of their sentence. This is not correct.

After serving one-third of the sentence (or two-thirds in the case of repeat offenders), a request for conditional release can be submitted to the Sentence Enforcement Court. However, this does not guarantee release. This court carefully examines each case and has the authority to reject the request.

The crucial role of the lawyer in sentence enforcement

A lawyer plays an essential role in guiding a convicted person through the complex process of sentence enforcement. The lawyer ensures that all necessary documents and evidence are correctly collected and presented to the Sentence Enforcement Court. In addition, a lawyer can assist with:

• Drafting a strong reintegration plan that clearly demonstrates the person's efforts to reintegrate into society.
• Coordinating communication with relevant parties, such as support services, employers, and family members.
• Providing legal assistance in applying for appropriate sentence enforcement modalities.
• Anticipating possible objections from the Sentence Enforcement Court and developing a well-thought-out strategy to address them.

With the support of an experienced lawyer, the chances of obtaining a positive decision increase significantly.

The role of the Sentence Enforcement Court

The Sentence Enforcement Court decides whether a convicted person qualifies for a sentence enforcement modality. This decision is based on a reintegration plan. The convicted person must demonstrate readiness to reintegrate into society. Key factors in this assessment include employment, stable housing, and efforts to avoid reoffending.

A lawyer can assist in building a strong case by:

• Demonstrating meaningful daily activities or employment opportunities.
• Addressing underlying issues such as addiction or debt.
• Gathering supporting documents from family members, support workers, and potential employers.

What sentence enforcement modalities exist?

1. Leave Permit

The convicted person is allowed to leave prison for a maximum of sixteen hours, for example to visit family or prepare for reintegration.

This is possible starting from two years before the earliest eligibility for conditional release. It can be granted by the prison director upon the inmate’s request.

2. Prison Leave 

The convicted person may spend up to 36 hours outside prison three times per trimester (or 108 hours at once).

The aim is to maintain social and family ties and prepare for reintegration. This modality is granted by the prison director.

Prison leave is possible starting from one year before eligibility for conditional release.

3. Interruption of Sentence Execution

In cases of serious medical or family reasons, a convicted person may apply for an interruption of sentence for a maximum of three months.

This too is granted by the prison director.

4. Limited Detention

The convicted person may spend up to sixteen hours per day outside prison, for example to work or follow training. Only the nights are spent in detention.

The Sentence Enforcement Court decides on this modality. A request can be submitted six months before eligibility for conditional release.

5. Electronic Monitoring

The convicted person wears an ankle bracelet and serves their sentence outside prison under strict conditions.

This is granted by the Sentence Enforcement Court starting six months before conditional release eligibility. The request may be submitted four months before that eligibility date.

6. Conditional Release 

This is the most far-reaching modality. The convicted person is released but must comply with certain imposed conditions.

The Sentence Enforcement Court decides whether someone qualifies after serving 1/3 of their sentence (or 2/3 in case of recidivism). A request can be submitted six months before the eligibility date.

How does the application procedure before the Sentence Enforcement Court work?

• Step 1: Check whether the application is admissible (i.e., whether the time requirements are met).
• Step 2: The application is substantively assessed by the Sentence Enforcement Court, based on a reintegration plan and opinions from the prison administration and the Public Prosecutor’s Office.
• Step 3: The Sentence Enforcement Court decides whether or not to grant the requested modality.
• Step 4: No appeal can be lodged against the decision; only a cassation appeal is possible within five days.