լ ր ա գ ր ո ղ ն ե ր   հ ա ն ու ն   մ ա ր դ ու   ի ր ա վ ու ն ք ն ե ր ի
լ ր ա տ վ ա կ ա նլ ր ա տ վ ա կ ա ն   կ ա յ ք
ՀԱՅ Eng

8.06.2018 | social rights

The New Prospect of Early Cnditional Release

The New Prospect of Early Cnditional Release
The institute of early conditional release of the convict has been subjected to major changes and a new order will be effective in the coming months, as the Ministry of Justice informs in response to the inquiry by the ForRights periodical. The newly drafted bill was fully adopted by the National Assembly in second reading on May 23, 2018. The legislative package awaits the President’s signature, after which it will come into effect in a 10-days period.

Model and procedural changes have been made in the process of early conditional release in the legislative package.

The application procedure by the convict

The process of early conditional release is commenced when the convict himself applies for his/her early conditional release. The application must be submitted three months before the expiration of the sentence.

Launching the "Penitentiary Service - Probation Service - Court" model

Two specialized institutions will provide evaluation reports on the proper conduct of the convict and the circumstances determining the possibility of committing a new offense. 1. The penitentiary service that will be able to adequately evaluate the prisoner`s person and conduct during his/her sentence, and 2. The Probation Service will evaluate the possibility of reintegration into society.

The penitentiary service and the probation service will start working on reports preparation in advance, for which they will have 80 days in their disposal.

There are four options of reports:

1. When the penitentiary service and probation service reports about the convict are positive - the penitentiary administration, within three working days after the part of the sentence defined by law is completed, makes a decision to submit the issue of early conditional release or replacement of the unserved portion of the sentence with a milder punishment to the court, and, within seven working days, submits it to the court along with a petition.

2. When one of the reports of the penitentiary service and probation service is negative - within 3 working days after expiration of the part of the convict`s sentence defined by the law, the penitentiary administration makes a decision to submit the issue of early conditional release or replacement of the unserved portion of the sentence with a milder punishment, and, if the convict gives his/her written consent, submits it to the court with a petition within seven working days.

3. When one of the reports of the penitentiary service and probation service is negative – within 3 working days after the expiry of the part of the convict`s sentence defined by the law, the administration of the penitentiary service makes a decision not to submit to the court the issue of the early release of the convict or to replace the unserved portion of the sentence with a milder sentence, if the convict does not give a written consent.

4. When the penitentiary service and probation service reports are negative - the penitentiary administration makes a decision not to submit to the court the issue of the early release of the convict or of replacing the unserved portion of the sentence with a milder sentence within 3 working days after the expiration of the part of the convict`s sentence defined by law. The convict may appeal to the first instance court of general jurisdiction.

The rights of the convict

During the reports preparation period, the convict will maintain the same rights as he/she has been entrusted with for participating to the Independent Commission session. Thus, in the case of positive reports before their submission to the court, and, in case if at least one of negative report, before a decision by the administration of the penitentiary institution, the convict has the right to:

1) Get acquainted with the prepared materials concerning him/her in an accessible to him/her way, including through a relevant specialist, and get their copies free of charge;

2) Present explanations and documents, make statements;

3) Present his/her opinion during discussion of issues related to him/her;

4) Get the reports related to him/her;

5) Use the services of an interpreter at the expense of state funds in case he/she does not know Armenian;

6) Other rights in cases provided by the law.

The Ministry of Justice emphasizes that the amendments are aimed at reducing the possible partiality of persons involved in the early conditional release and evaluating process of the convicts. In other words, the Package creates legal guarantees aimed at ensuring the practical application of at least one of the principles of penitentiary law, the principle of equality of convicts before the law.
1697
Print
social rights
The New Prospect of Early Cnditional Release 8.06.2018 | social rights

The New Prospect of Early Cnditional Release

The institute of early conditional release of the convict has been subjected to major changes and a new order will be effective in the coming months, as the Ministry of Justice informs in response to the inquiry by the ForRights periodical. The newly drafted bill was fully adopted by the N

«Մի թեթև խփել եմ». ամուսինը 13 տարի պարբերաբար ծեծի է ենթարկել կնոջը 6.04.2018 | social rights

«Մի թեթև խփել եմ». ամուսինը 13 տարի պարբերաբար ծեծի է ենթարկել կնոջը

For Siram Gevorgyan, journalists, human rights organizations and NGOs dealing with women`s rights were another planet, far away, alien, and had nothing to do with her life. In the past, she could never imagine that a day would come when she, a simple girl from the Martuni village, who wa

The dame of dogs. An old woman with mental disorder lives in a metallic box 14.03.2018 | social rights

The dame of dogs. An old woman with mental disorder lives in a metallic box

Every child in Nor Aresh district of Yerevan knows Zemfira`s "cabin". In the evenings they are afraid to get close to it. Zemfira`s dogs that sleep with her “cabin” get out into the streets and wander around. "They are street dogs. Huge! We have saved many-many children,” says Zemfir

լրագրողներ հանուն մարդու իրավունքների | 530840 ; 093589631 | info@jfhr.am All rights reserved. Users may download and print extracts of content from this website for their own personal and non-commercial use only. Republication or redistribution of JFHR.am content is expressly prohibited without the prior written consent.

This Web site is made possible by the support of the American people through the United States Agency for International Development (USAID) . The contents are the sole responsibility of the Journalists for Human Rights and do not necessarily reflect the views of USAID or the United States Government.