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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Lithuanian Prison Department kindly asks you share your practice and experience re. challenges we are currently facing. The court judgments specify the time limit of the sentence from which the commencement of the sentence is calculated, but shall not specify the date of the end of the sentence, which is calculated by prison staff, and sometimes human mistakes happen. The legislation of the Republic of Lithuania stipulates that sentenced third-country nationals, having no right to stay or reside in the Republic of Lithuania, are subject to early/ conditional release from the penitentiary establishments. An early/ conditionally released third-country national is subject to probation supervision till a sentence is served and is obliged to stay in the territory of the Republic of Lithuania, and can neither leave nor be expelled from the Republic of Lithuania (even though staying is illegal).
Prison with court supervision.
Are third-country nationals, sentenced to restriction of freedom, arrest or imprisonment subject to early/ conditional release from penitentiary establishments? Are they subject to probation supervision after release?Yes.
If yes, are sentenced third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, also subject to early/ conditional release from penitentiary establishments?It is possible. Nevertheless, having no right to reside is a negative factor in the previous evaluation proceedment.
If the answer is yes to question 3, do early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served or are they returned to a foreign sIt depends on each individual situation and judicial and administrative decissions which can take place.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, are returned to a foreign state which institution and when takes a decision on return of a person concerned?There are multiple possibilities. The decission to return or expulsion can be taken by a judge or administrative authority. Nevertheless, this decission is judicialy supervised.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served what is their legal status?If they are serving sentence, the can work and have the citizen status in some specific cases.
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The date of the commencement of the sentence (usually, that is the detention date of person), possible date of early/conditional release (incl. with electronic monitoring) and the end of the sentence are calculated by the administration of the specific prison.
Are third-country nationals, sentenced to restriction of freedom, arrest or imprisonment subject to early/ conditional release from penitentiary establishments? Are they subject to probation supervision after release?In Latvia, the decision on the early/conditional release of an inmate is made by the court. According to Section 61 of the Criminal Law of the Republic of Latvia, the early/conditional release is not applied to persons who are sentenced with temporary deprivation of liberty (incl. persons whom forced labour or penalty is replaced by arrest). The practice shows that, within a year, the early/conditional release of approximately 2-5 third-country nationals is considered by courts. Taking into account that the issue of the application of probation supervision is within the competence of the court, and its execution is performed by probation, the Latvian Prison Administration does not collect the information about the application of probation supervision to early/conditionally released third-country nationals.
If yes, are sentenced third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, also subject to early/ conditional release from penitentiary establishments?In Latvia, the decision on the early/conditional release of an inmate (incl. third-country nationals) is made by the court. While, if a person has been expelled, he/she shall be handed over for expulsion to an official of the State Border Guard immediately after release (including early/conditional release).
If the answer is yes to question 3, do early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served or are they returned to a foreign sPlease see answer to Question 3.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, are returned to a foreign state which institution and when takes a decision on return of a person concerned?According with the applicable normative acts, the full execution of the court decision is controlled by a court. Consequently, this issue falls within the jurisdiction of the court.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served what is their legal status?Please see answer to Question 3. Issues concerning the probation supervision, work after the release of inmate etc. are within the competence of probation.
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Criminal Sanctions Agency, Enforcement Unit.
Are third-country nationals, sentenced to restriction of freedom, arrest or imprisonment subject to early/ conditional release from penitentiary establishments? Are they subject to probation supervision after release?They are subject to conditional release and supervision after release. However It is possible to refrain from placing a prisoner under supervision if the supervision would, considering its purpose, be manifestly unnecessary due to the expected removal of the prisoner from the country.
If yes, are sentenced third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, also subject to early/ conditional release from penitentiary establishments?Yes
If the answer is yes to question 3, do early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served or are they returned to a foreign sNo. Conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, are returned to a foreign state.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, are returned to a foreign state which institution and when takes a decision on return of a person concerned?The Finnish Immigration Service makes the decision. The FIS tries to make the decision during the sentence. It is mainly obligatory expulsion. it is not possible to set a time limit (7 to 30 days) for voluntary return if the person is denied admittance or stay or deported because he or she is subject to a criminal sanction. It is the same, if the person is considered to present a danger to public order or security.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served what is their legal status?They don´t stay in Finland because they are returned.
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The prison clerks.
Are third-country nationals, sentenced to restriction of freedom, arrest or imprisonment subject to early/ conditional release from penitentiary establishments? Are they subject to probation supervision after release?The law concerning the external legal position of persons sentenced to a penalty of deprivation of liberty and the rights granted to the victim within the framework of the modalities for the enforcement of custodial sentences (hereinafter: LELP) provides for the modality of conditional release. Conditional release is a way of enforcing a custodial sentence which enables the sentenced persons to serve their custodial sentence outside the prison, on condition that they comply with the probation measures imposed on them. One of the conditions for a conditional release is to have a permanent address
If yes, are sentenced third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, also subject to early/ conditional release from penitentiary establishments?The LELP also provides for the modality of provisional release with a view to removal from the territory. This is a way of enforcing the custodial sentence whereby sentenced persons who, on the basis of an advice from the Immigration Office, appear not to have been admitted or authorized to reside in Belgium, will serve their sentence outside prison in another country, subject to compliance with the conditions imposed on them during a certain probationary period. Sentenced third-country nationals with no right of residence may thus be granted early release with a view to leaving the country, provided that they meet the time conditions and provided that there are no counter-indications.
If the answer is yes to question 3, do early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served or are they returned to a foreign sThird-country nationals with no right of residence who are granted early release are obliged to leave the territory. In principle, the removal follows the release immediately.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, are returned to a foreign state which institution and when takes a decision on return of a person concerned?The decision to grant provisional release with a view to removal from the territory is taken by the sentence enforcement court. The modality is only granted when the sentenced third-country national with no right of residence meets the legal time conditions and when there are no counter-indications. The time conditions for obtaining early release with a view to removal from the territory are the same as those for the conditional release of Belgians or third-country nationals with a right of residence. As a general rule, the judgment of the sentence enforcement court is enforceable as soon as it has become final. The sentence enforcement courts may nevertheless set a later date on which their judgment becomes enforceable. The LELP provides for mechanisms to ensure that the early release is immediately followed by the removal. The obligation to leave the country can be complied with voluntarily or can be enforced. In the latter case, there will be an immediate removal to the country of return or, if this proves impossible, third-country nationals with no right of residence will temporarily be admitted to one of the centres of the Immigration Office with a view to their removal. In any case, third-country nationals with no right of residence must cooperate in the removal. The LELP provides that the provisional release can be revoked if, after the granting of the modality, the third-country national refuses to leave the territory, does not cooperate in his removal, does not cooperate in his identification with a view to obtaining a travel document or returns to Belgium without the required authorizations during the probationary period.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served what is their legal status?As explained in the above answers, third-country nationals with no right of residence are not eligible for conditional release in Belgium. The above aspects are therefore not regulated by law.
In Estonia, the date of the commencement of the sentence is identified by the court when the subject is in custody before sentencing. If the subject has not been detained, the court issues a date by which the subject has to arrive to the prison to begin serving the sentence. In this case, the prison identifies the commencement of the sentence (the date when the subject arrived to prison). The prison also calculates the possible conditional release dates and the end of the sentence.
Are third-country nationals, sentenced to restriction of freedom, arrest or imprisonment subject to early/ conditional release from penitentiary establishments? Are they subject to probation supervision after release?Yes, third-country nationals are also subject to early/ conditional release and they may be subject to probation supervison after release.
If yes, are sentenced third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, also subject to early/ conditional release from penitentiary establishments?Yes, third-country nationals, having no right to stay or reside in the country, are also subject to early/conditional release from penitentiary establishments.
If the answer is yes to question 3, do early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served or are they returned to a foreign sIf third-country national is early/conditionally released, the judge in charge of execution of court judgements may, by an order, waive the application of supervision of conduct with regard to a convicted offender if the convicted offender is extradited to a foreign state or expelled. This means that the judge can conditionally release third-country nationals (having no right to stay or reside in the country) without supervision. There is possibility that judge doesn’t waive the application of supervision of conduct. In these cases, third-country national, having no right to stay or reside in the country, is staying in the country until the end of supervision.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, are returned to a foreign state which institution and when takes a decision on return of a person concerned?As written in the previous answer, the judge can conditionally release third-country nationals (having no right to stay or reside in the country) without supervision. The decision of expulsion is made by Police and Border Guard Board. An expulsion decision may also be made by a court in a conviction (supplementary punishment). In these cases, third-country national has obligation to leave the country upon release from prison.
If early/ conditionally released third-country nationals, having no right to stay or reside in the country they’re serving a sentence in, stay in the country till a sentence is served what is their legal status?Third-country national doesn’t receive a residence permit or visa for that time. In these cases, compliance with probation obligation may be impeded, for example the obligation to take up employment.