Reduction of imprisonment - how to get parole?
For many prisoners, conditional release from imprisonment offers the hope of an early return to normal life. A key prerequisite for applying is serving at least part of the sentence imposed. The 2020 amendment to the Criminal Code has partially loosened the statutory conditions for the possibility of obtaining conditional release. This article focuses on the parole process, its conditions and tips on how to increase the chances of a successful application. It also provides practical advice on how to properly prepare and submit an application to make it as persuasive as possible to the court.
This article was written in 2021. If you are looking for up-to-date information on this topic, please contact us at office@arws.cz or by phone on +420 245 007 740. We will be happy to advise you.
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Author of article: ARROWS (Oliver Uraz, LL.M., office@arws.cz, +420 245 007 740)
When can parole be considered?
The basic prerequisite for applying for conditional release is that you have served at least the minimum part of your prison sentence. An amendment to the Criminal Code effective from 1 October 2020 has relaxed the rules; for most offences it is now sufficient to serve at least one third of the sentence. For more serious crimes, the limit of serving one half or two thirds of the sentence remains.
Calculation of the date for the application
When calculating the date from which you can apply for parole, the time spent in custody during the prosecution is included. This means that with longer custody and shorter sentences, it is possible to apply for parole almost immediately after conviction, or after a very short time.
Exceptional conditional release
Exceptionally, conditional release can be obtained before one-third of the sentence has elapsed if:
- The offence was a misdemeanour, i.e. a less serious offence.
- The application includes a recommendation report from the prison governor confirming the exemplary behaviour of the prisoner. The prison may be requested to issue such a report, or the prison itself may submit such a proposal through its director.
However, the completion of at least the necessary part of the period of imprisonment is only the first, basic condition for the possibility of conditional release. There are a number of other conditions attached to a proposal that is likely to succeed.
How to convince the court of a future orderly life?
The Criminal Code essentially lumps all other conditions that must be met under the very vague concept of the expectation of leading a proper life (after release), which is not strictly defined and is essentially left to the discretion of the court in each individual case. However, over the years of decision-making practice, certain thresholds have developed which the courts have generally considered to be a sufficient expectation of the future leading of a proper life.
Assessment of behaviour in prison
The basic condition is the achievement of the best possible results in the prison's evaluation of the previous performance of the sentence. Of course, the absence of disciplinary penalties and the achievement of the highest possible number of disciplinary rewards is a prerequisite. Successful efforts to integrate into employment and the use of meaningful educational and developmental programmes offered by the prison, especially when linked to the reasons for the conviction (e.g. psychological sessions, negative emotion management programmes) are viewed positively. The court will always request a report from the prison on the prisoner's behaviour during the sentence, which is a key document in the whole process.
Protective treatment and the Probation and Mediation Service
In particular, in cases where the sentence has been accompanied by an obligation to undergo protective treatment (whether in outpatient or inpatient form), which in our context is usually carried out after the end of the prison sentence, self-initiated cooperation with the local organisation of the Probation and Mediation Service, which is then able to provide further support in the treatment process, is appreciated.
Compensation and obligations towards the State
If, in conjunction with the conviction, there is also an obligation to compensate the victim of the offence for damage or non-pecuniary loss, it is essential that it can be demonstrated as part of the application for conditional release that everything possible has been done to compensate the victim to the maximum extent possible . The same applies to obligations towards the State in respect of the costs of criminal proceedings, detention and imprisonment.
Social and economic security after release
A key issue for the success of an application for conditional release is often proving to the court that there will be no recidivism - re-offending - after release, which requires evidence that the applicant will have at least a minimum social and economic standard of living while at liberty. This usually requires evidence of relevant facts that - in simple terms - the person will have a place to live and a place to work after release. Again, this depends on the realistic possibilities of fulfilment for each individual, but securing adequate accommodation with family, negotiating a lease and at least arranging a job opportunity that ideally corresponds to the career or educational attainment to date is a significant contributory factor to the success of a parole application.
The guarantee of the citizens' interest group
A relatively distinctive institution, which is often overlooked in applications for conditional release but which still has an indispensable place today, is the taking of a correctional guarantee by a citizens' association. A citizens' association may be a trade union, a society, a registered institute or foundation devoted to charitable purposes, or a church or religious society. In particular, where there was a link between such an association and the applicant for conditional release prior to the criminal conviction (for example, the applicant was a member of a trade union as an employee), the court deciding on the conditional release may take into account as a relevant factor for the applicant's future well-being the commitment of the association to supervise the applicant after release, in particular to assist him, within its reintegration into society. In seeking such a guarantee, it is certainly worth noting that, although the institution is called a 'guarantee', even in the event of its 'failure', the association which has accepted the guarantee is not liable to any penalty.
How to apply?
An application for conditional release is then made to the district court in whose district the prison in which the sentence is served is located. It is also useful to know that there is no entitlement to conditional release, even if the above conditions are met, the form of the resulting decision is thus at the discretion of the court, but the courts are guided by the decision-making practice of the highest instances to take into account in particular the fulfilment of the categories presented in this article. In the event of an unsuccessful application for conditional release, a new application may be made, as a general rule, six months after the initial application.