WHAT IS CONDITIONAL RELEASE (PAROLE)?
Conditional release is a penal execution institution that allows the convict, who has spent the part of the binding sentence prescribed by the law with good behavior, 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 a feri if it does not comply with the conditions imposed, and in this way to return to normal life.
Conditional release;
It promotes the prisoner’s good behavior,
There is a benefit in individualizing punishments,
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?
There are three conditions for conditional release: 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 crime or the nature of the crime, 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 behavior. Because in order for the court to decide on conditional release, there must be a reasoned good behavior 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 on 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 lifted.
WHAT ARE THE CASES WHERE CONDITIONAL RELEASE (PAROLE) 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 for each of the crimes under the second book, fourth part, fourth chapter titled “Crimes against the Security of the State”, fifth chapter titled “Crimes against the Constitutional Order and the Functioning of this Order”, and sixth chapter titled “Crimes against National Defense” of the Turkish Penal Code No. 5237 within the framework of the activities of an organization,
Decisions on revocation of the decision on conditional release,
Sentences for which the execution regime specific to repeat offenders is decided to be applied for the second time,
Disciplinary confinement,
Compassionate imprisonment,
Coercive confinement,
Imprisonment
The judicial fine imposed directly and the judicial fine converted from imprisonment for the crime committed after 01/03/2008 can basically be counted as prison sentences.