Text file: 12485.txt
author: Za-pornik
downvotes: 16
end consideration date: 2020-12-29
id: '12485'
number comments: 7
number views: 888
proposal type: Competent authority response
response: 'Response from the Ministry of Justice

  With regard to the proposal, we would like to start by explaining that the Ministry
  of Justice and the Penitentiary Administration have taken a serious approach to
  taking measures to prevent the spread of the new coronavirus epidemic. In this context,
  a series of intervention measures have been adopted since March 2020 to regulate
  the situation in penitentiary institutions. These are temporary solutions for calling
  convicts to serve their sentences, transferring convicts, suspending sentences and
  early release, all with the aim of curbing the spread of the infection and protecting
  the health of staff and convicts.

  With regard to the proposal for conditional release, we would like to clarify that,
  pursuant to Article 105 of the Act on the Execution of Penal Sanctions (hereinafter:
  ZIKS-1; Official Gazette of the Republic of Slovenia, No 110/06, 76/08, 40/09, 9/11
  - ZP-1G, 96/12 - ZPIZ-2, 109/12, 54/15 and 11/18), the decision on the conditional
  release of convicted prisoners is taken by the Parole Board (''the Parole Board''
  hereinafter: ''the Board''). Pursuant to Article 106(1) of the CprC-1, the Board
  decides on conditional release at the request of the convicted person or, with his
  or her written consent, at the request of his or her immediate family members, foster
  parent or guardian, or at the proposal of the director of the institution. However,
  Article 88 of the Criminal Code (hereinafter: CC-1; Official Journal of the RS,
  No 50/12, 6/16, 54/15, 38/16, 27/17, 23/20 and 91/20) does not only lay down a formal
  condition for conditional release (percentage of the sentence served), but also
  a substantive condition in paragraph 5, namely that a convicted person may be released
  on conditional release if he or she can reasonably be expected not to re-offend.
  In assessing whether a convicted person should be released on parole, account is
  taken in particular of recidivism, any criminal proceedings pending against the
  convicted person for offences committed prior to the commencement of the prison
  sentence, the attitude of the convicted person towards the offence committed and
  the injured party, his or her behaviour during the sentence, the success of the
  drug treatment and the conditions for integration into life at large. It follows
  from the above-mentioned statutory provisions that each application or proposal
  for the conditional release of a convicted person is the subject of a separate procedure,
  and that the decision on conditional release is taken by a committee, taking into
  account the provisions of the law and the relevant circumstances of the individual
  convicted person.

  With regard to the weekend form of imprisonment, which is regulated in Article 86
  of the Penal Code and Article 12 of the Criminal Procedure Code, we would like to
  clarify that this is a so-called alternative form of imprisonment. In these cases,
  the court also imposes a sentence of imprisonment, but determines the execution
  of the sentence in such a way that the convicted person continues to work or undergo
  education and training while serving the prison sentence and resides at home, except
  on days off, usually at the weekend, when he/she is required to be in an institution.
  This method of execution of the prison sentence reflects a humane crime policy,
  which seeks to limit the repression of the execution of criminal sanctions where
  imprisonment in an institution is not necessary or expedient. It expands the scope
  for individualisation in the execution of custodial sentences, while achieving general
  and special prevention and the socialisation of the offender. The mere execution
  of a prison sentence in the form of weekend imprisonment therefore constitutes a
  certain advantage which is not enjoyed by all convicted prisoners who otherwise
  fulfil the formal conditions laid down in Article 86 of the Penal Code and Article
  12 of the Code of Criminal Procedure.

  Conditional release for all convicted persons who have already served at least 50
  per cent of their sentence and are serving their sentence in weekend imprisonment
  is therefore, by the very definition of conditional release and its conditions,
  unworkable. Moreover, any form of remission of sentences would privilege this group
  of convicted persons and would result in unequal treatment compared to convicted
  persons serving their sentences in an institution.

  It is true that certain convicted persons are currently prevented from serving their
  sentences by interruptions of their imprisonment and that the period of interruption
  is not counted as time served. We would like to stress that these and other temporary
  solutions in the area of the enforcement of penal sanctions are in line with the
  principle of protecting human health and life, with the aim of preventing the spread
  of the COVID-19 virus and ensuring safer conditions for prisoners and staff in correctional
  institutions.

  In view of the above, we consider that the measures currently adopted are adequate
  and the proposal is not suitable for further consideration.'
response date: 2021-01-25
response due date: null
sent date: 2020-11-28
title: Conditional release for some prisoners
upvotes: 49
url: https://predlagam.vladi.si/predlog/12485
