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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: Conditional release or parole is a classic institution in the criminal execution model of different countries. Many studies show that its concession favors social reintegration. However, the percentages of offenders subject to this measure are relatively low. Different causes can explain this circumstance. One of them points to the rigidity in the concession procedure and its excessive bureaucratization. Knowing this procedure, and what is the practice that is carried out, will provide us with an important knowledge for the development of this institution and an opportunity to improve our respective system.”
The same rule of law as in Cataluña.
What authority is in charge of doing it and who participates in its preparation?Observatory Board of each open prison and Penitentiary Judge.
What reports and documents should be included is this fileSame as in Cataluña.
This file must be finalized in a legal term? What is the average term of its completion?Usually before reaching the 3/4 part of the sentence.
What average time elapses between the completion and submission of the file to the authority that must approve the proposal and its final approval?It depends on the geographical area of the activity and the number of penitentiary judges acting.
How early is parole approved with respect to the scheduled date for its grant?Same as before.
Article 19 of the Criminal Justice (Northern Ireland) Order 2008
What authority is in charge of doing it and who participates in its preparation?Northern Ireland Prison Service on behalf of the Department of Justice
What reports and documents should be included is this fileThe policy has a set of statutory exclusions, non-statutory exclusions and behavioural qualifiers
This file must be finalized in a legal term? What is the average term of its completion?A prisoner can apply up to 8 weeks before his earlier release date
What average time elapses between the completion and submission of the file to the authority that must approve the proposal and its final approval?Circa 8 weeks
How early is parole approved with respect to the scheduled date for its grant?A prisoner may be released on licence up to 135 days before the original release date
5.3.1.1 Parole - Communication & Training a Establishments will appoint an Early Release Liaison Officer (ERLO)/Lifer Liaison Officer (LLO) who will represent Scottish Ministers (SPS) at Parole Tribunals and speak to the prisoner's management plan. The ERLO/LLO must be at least a First Line Manager (FLM) grade. b Establishments will appoint a responsible manager to oversee the parole process for their Establishment and carry out audits on the application of the parole process in accordance with the corporate assurance programme, and ensure corrective action is taken where applicable in line with parole standards. c Establishments will appoint a Parole Co-ordinator who will act as the central liaison point for parole together with suitable cover in their absence. Changes in contact details must be communicated to SPS HQ (ISS) and Parole Unit. Parole Co-ordinators will ensure that information in relation to parole is disseminated as necessary to staff within their Establishment. d All Parole Co-ordinators should have access to their Establishments parole e-mail folder and arrangements must be made for this folder to be checked at regular intervals (Monday - Friday) during the day by an appropriate member of staff. e Establishments should ensure that there are localised desk instructions available and a case management tracking process should be put in place for local assurance purposes, management information and to ensure identification of prisoners with the parole system. f All Establishments should ensure that suitable arrangements are made for Parole Board visits and that there is an appropriate room available which is furnished for the purposes of facilitating Parole Tribunals and Oral Hearings. g Parole Co-ordinators will have undertaken appropriate local training (including Warrants & Sentence Calculation Training as appropriate), have access to the latest version of the desktop instructions and associated documents as published on the Prisons Resource Library (PRL). 5.3.1.2 Parole - Information Sharing a Each Establishment should have a robust system in place to ensure that a Parole Dossier is commenced in accordance with GMA 59A/16 and as soon as possible following receipt of the parole monthly reports, and in conjunction with the local case management system for the following categories of prisoners: • Long-term determinate sentence prisoners; • Short-term sex offenders (serving between 6 months and less than 4 years); • Short-term extended sentence prisoners; • Long-term extended sentence prisoners; • Life sentence prisoners; • Order for Lifelong Restriction prisoners; • Recalled prisoners (all categories). b Parole Co-ordinators should ensure that the relevant reports are requested immediately following notification to commence a dossier and that reports are within the 12 week consideration period prior to the hearing as specified at the point of referring the dossier to Parole Scotland, or sending the dossier to the SPS Parole Unit. c Each Establishment should ensure that the dossier is compiled accurately in accordance with the desktop instructions, ensuring each dossier has been primary assured and, where appropriate, secondary assured using the dossier checklist. d Establishments should ensure that an accurate and completed parole dossier is referred to Parole Scotland (or submitted to SPS Parole Unit). e Establishments should have a robust process in place which ensures that the dossier meets the following standards: • Documentation contains the appropriate security marking and does not include third party data belonging to another person; • Every report contains the author's name and job title as well as the date; • Reports are placed in portrait format rather than landscape (except for exceptional circumstances); • Duplicate reports are not included; • Every prison-based report clearly bears the name of the Establishment where it was prepared and the date completed; • Reports which are included in the dossier should be numbered as per dossier cover sheet in the top right hand corner consecutively and inserted in the correct order; • Each document should be within 12 weeks of hearing/tribunal prior to the date the dossier is required to be referred to Parole Scotland (or sent to SPS Parole Unit); • Where document templates and pro-forma have been provided on PRL they will be completed electronically and used in their most up-to-date format; • Both a Home Background Report (HBR) and Prison Based Social Work Report (PBSW) are requested as soon as possible after notification of the requirement to prepare a parole dossier and the date that it was requested and received is recorded; • An intelligence report should be included in all dossiers (including a nil return) and be disclosed to Parole Scotland/SPS Parole Unit in accordance with the guidance contained in GMA 9A/12; • Responses in Custody Reports (RiC) for Parole Scotland/SPS Parole Unit must be completed electronically by the Personal Officer or allocated officer and countersigned by the Hall Manager and returned to the Parole Co-ordinator by the date requested. f Parole Co-ordinators will keep a detailed parole record log of which reports have been sent to and received from SPS Parole Unit, Parole Scotland, and when the dossier is sent to the prisoner. This includes a form to the prisoner at the time of referral. g All Parole information completed by prison staff either for SPS Parole Unit, Parole Scotland, another person or to hand directly to a prisoner must be checked to ensure that each page relates to that prisoner and that no non-disclosable information has been included. h At the time of referral, parole dossiers are uploaded to Prisoner Parole Dossier Service (PPDS) and Parole Scotland/SPS Parole Unit are informed when this is done. i Each Establishment should ensure that the Parole Scotland/SPS Parole Unit and the prisoner concerned are provided with a dossier containing any information which we consider to be relevant to the case, including the documents specified within the schedule to the Parole Board Rules, as per desk instruction. Prisoner copies of parole dossiers will be issued on blue coloured paper. j Each Establishment should have in place a process to notify SPS Parole Unit upon the admission of: • A short-term sex offender and extended sentence prisoners where the custodial plus the extended term is less than 4 years; • All deportation/potential deportation prisoners; • Prisoners who undertake a cross border transfer. k Each Establishment should ensure that they have a process in place to establish whether or not the UKBA have made a decision on deportation of foreign national prisoners prior to referral. l Following consideration of the case by the Parole Board, the Parole Co-ordinator will record the outcome of the consideration and the date of the next review, where applicable, on PR2. 5.3.1.3 Parole - Storage & Security of Dossiers a Each Establishment should have a process in place which ensures that sensitive personal data contained in parole dossiers are handled appropriately and in accordance with Information Security guidelines. b Each Establishment should ensure that they have a robust process in place for the secure storage of prisoner's dossiers. c Each Establishment should ensure that prisoner dossiers are kept in accordance with the Prisoner Records Retention & Destruction Policy (GMA 74A/14.
What authority is in charge of doing it and who participates in its preparation?As Q1
What reports and documents should be included is this fileAs Q1
This file must be finalized in a legal term? What is the average term of its completion?As Q1
What average time elapses between the completion and submission of the file to the authority that must approve the proposal and its final approval?As Q1
How early is parole approved with respect to the scheduled date for its grant?As Q1
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Conditional release before the deadline is regulated by the Criminal Code. The procedural aspects of the application of parole are regulated in the Code of Criminal Procedure and the Execution Code. Examining the compliance with the conditions of the Criminal Code is exercised by the penitentiary institution that ensures the detention of the convict and the examination of the steps regarding the direct application of parole is the responsibility of the investigating judge in whose territorial area the place of detention is located.
What authority is in charge of doing it and who participates in its preparation?The penitentiary institution, through the relevant subdivisions, supervises the fulfillment of the conditions established by the legislator in order to benefit from “release before the term”. The actual examination of the requests is exercised by the Penitentiary Commission. Each penitentiary institution has the power to examine convicted persons' requests for early release and to decide on the ACCEPTANCE or REFUSE of their early release. The Commission includes representatives of services and departments in diverse fields: security, social reintegration, including psychologist, social worker, legal, medical, financial, logistics, as well as probation representatives, local public administration authorities, from where the penitentiary is located, and other actors as the case may be.
What reports and documents should be included is this fileFor each convicted person examined by the Commission, an Evaluation Report is prepared, which contains data such as: general information on the detainee, criminal dynamism, compliance with the detention regime and safety issues, carrying out activities in the Individual Program, leisure activities, psychological evaluation, social issues and others as appropriate. In addition, the following are examined: the existence of financial obligations; incentives and disciplinary sanctions; general health conditions and others. The Evaluation Report is valid for 6 (six) months from the date of approval by the Penitentiary Commission, unless changes occur in the situation of the convict.
This file must be finalized in a legal term? What is the average term of its completion?According to the provisions of the national legislation, if the convicted person meets the conditions provided by the Criminal Code, the administration of the place of detention shall adopt, within 1 (one) month, a decision on the proposal for conditional release before term or the refusal in this respect. The proposal for parole shall be submitted, within 5 (five) days from the date of adoption of the decision, to the court in whose territorial area the place of detention is located. In case of refusal of the Penitentiary Commission to propose parole, the decision may be challenged by the convict, personally or through a lawyer, to the investigating judge, in whose territorial area the place of detention is located.
What average time elapses between the completion and submission of the file to the authority that must approve the proposal and its final approval?The provisions of the Execution Code, according to which the proposal for parole shall be submitted, the term for which is within 5 (five) days from the date of adoption of the decision, to the court in whose territorial area the place of detention is located.
How early is parole approved with respect to the scheduled date for its grant?The national law does not set an exact time limit for resolving pre-trial parole proceedings, but in accordance with the provisions of the Code of Criminal Procedure, it must in any case be within reasonable time limits.
For the majority of prisoners, release is conditional, and they will be required to comply with licence conditions or face recall to prison. Most prisoners serve Standard Determinate Sentences (SDS) and are released automatically at their conditional release date. However, some (as indicated below) are subject to release by the Parole Board. We have different types of sentences in England and Wales: • Standard Determinate Sentence (SDS) • Special Custodial Sentence for Certain Offenders of Particular Concern (SOPC) • Extended Determinate Sentence (EDS) • Serious Terrorist Sentence (STS) • Detention in Young Offender’s Institution (DYOI) for those aged 18 to 20 at conviction • Detention & Training Order (DTO) for those aged under 18 at conviction • Sentence under Section 250 of the Sentencing Act (SA) 2020 for those aged under 18 at conviction (S250) • Special Sentence of Detention for Terrorist Offenders of Particular Concern under the age or 18 (SDOPCu18) The release provisions for the above are set out in Criminal Justice Act (CJA) 2003 under Section 244, Section 247A where the offences are terrorism/terrorism connected and Section 246A for release from an EDS. SDS/DYOI/S250 • Release is automatic at the halfway point on licence to the end of the sentence except; • SDS/DYOI/S250 of 7 years or more imposed for certain sexual/violent offences when automatic release is at the two-thirds point on licence to the end of the sentence (offender must be 18 or older at sentencing) and; • SDS/DYOI/S250 imposed for terrorism/terrorism-connected offence on Schedule 19ZA to the CJA03 have eligibility for release on parole at the two-thirds point of the sentence. Release on parole would be on a licence expiring at the end of the sentence. Where parole is not authorised, automatic release is unconditional at the end of the sentence SOPC A person who is sentenced to imprisonment on or after 13 April 2015 for an offence on Schedule 13 to the SA20 and who was 18 years or older when the offence was committed, must be given (SOPC) A SOPC is made up of a custodial term and 1-year fixed licence period • Release is automatic at the end of the custodial term with eligibility for release on parole from the halfway point of the custodial term except; • SOPC imposed for terrorism/terrorism-connected offence on Schedule 19ZA to the CJA03 when eligibility for release on parole is from the two-thirds point of the custodial term. • The licence period will run from the point of release to the end of the whole of the SOPC SDOPCu18 A person under 18 at conviction, who is sentenced to imprisonment for an offence on Part 1 of Schedule 13 to the SA20, where the offence was committed on or after the 29 June 2021, must be given a SDOPCu18. A SDOPCu18 is made up of a custodial term and 1 year fixed licence period • Release is automatic at the end of the custodial term with eligibility for release on parole from the two-thirds point of the custodial term. • The licence period will run from the point of release to the end of the whole of the SOPC EDS Extended sentences provide extra protection to the public. Any offender may be given an extended sentence if: • the offender is guilty of a specified violent, sexual or terrorism offence (listed in Schedule 18 of the Sentencing Code) • the court assesses the offender as a significant risk to the public of committing further specified offences • a sentence of imprisonment for life is not available or justified, and • the offender has a previous conviction for an offence listed in Schedule 14 of the Sentencing Code or the current offence justifies an appropriate custodial term of at least four years. An EDS is made up of a custodial term and extended licence period • Release is automatic at the end of the custodial term with eligibility for release on parole from the two-thirds point of the custodial term except; • EDS imposed on or after 29 June 2021 for a serious terrorism/terrorism-connected offence on Schedule 17A to the SA20 the custodial term is served in full (no parole eligibility). • The licence period will run from the point of release to the end of the whole of the EDS. STS Comprises of a custodial term and an extension period imposed for serious terrorism offences that are listed on Schedule 17A to the SC 2020 where the maximum penalty is life. The criteria for the sentence are: • The offence is committed on or after 29 June 2021 • The offender is aged 18 or over when the offence is committed. • The offence is listed on Schedule 17A to the SC 2020. • The Court finds the offender (1) to be dangerous and (2) there was a risk of multiple deaths as the result of the offending. If these criteria are met, and the Court does not impose a life sentence, an STS must be imposed (unless there are extenuating circumstances). • The custodial term must be one of at least 14 years (this can be less, for example; when early guilty pleas are taken into account). • The extension period must be a minimum of 7 years with a maximum of 25 years. DTO A DTO can be given to someone aged between 12 and 17. • The first half of a Detention and Training Order is served in custody, the second half is served in the community. • Maximum length of DTO is 24 months • Release is automatic at the halfway point on licence until the end of the DTO. Indeterminate Prison Sentences An ‘indeterminate’ prison sentence does not have a fixed length of time. This means: • no date is set when the person will be released • they have to spend a minimum amount of time in prison (called a ‘tariff’) before they’re considered for release The Parole Board is responsible for deciding if someone can be released from prison. Indeterminate sentences are given if a court thinks an offender is a danger to the public.
What authority is in charge of doing it and who participates in its preparation? What reports and documents should be included is this file This file must be finalized in a legal term? What is the average term of its completion? What average time elapses between the completion and submission of the file to the authority that must approve the proposal and its final approval? How early is parole approved with respect to the scheduled date for its grant?This content is only available to registered members of EuroPris.
Prison officers of the Corps of Prison and Court Guard (hereinafter only “Corps”) participating in the elaboration of the assessment, proceed in accordance with the generally binding regulations regulating the execution of the prison sentence, in particular the Act No. 300/2005 Coll. on Criminal Code as amended, the Act No. 301/2005 Coll. on Criminal Procedure Code as amended, the Act No. 475/2005 Coll. on the Prison Sentence Execution and on the amendment of certain laws as amended (hereinafter only “the Act on the Prison Sentence Execution”) and the Regulation of the Ministry of Justice of the Slovak Republic No. 368/2008 Coll. that issues the Rules of Prison Sentence Execution as amended (hereinafter only “the Regulation”). The court shall decide on conditional release based on the proposal of the prosecutor, the Prison Governor of remand prison or prison, where the imprisonment is served, the interest association of citizens or on the proposal of the convict, in a public session. In case the proposal for conditional release of the convict was rejected, he/she can repeat it only after one year of its rejection, excluding the case when the proposal was rejected only due the fact that the convict submitted it prematurely. A district court, in which district the convict serves the prison sentence, shall decide on the proposal of the conditional release. The relevant court shall decide on the proposal of the conditional release no later than 60 days from the delivery of the proposal. This time limit for the decision of the court is determined in the Criminal Code. The convict must be heard before the final decision on the conditional release. This is not applied in case the proposal for conditional release is submitted by the Prison Governor of the remand prison or prison, where the convict serves his/her prison sentence, or Prison Governors shall join to such proposal, the decision on the conditional release may be made also by the chairman of senate with the approval of the prosecutor. The assessment to the proposal for conditional release of the convict is prepared by a case manager who cooperates within this process with a head of the prison sentence division, psychologist, social worker and with a prison officer of the preventive-security service. The assessment is approved by the Prison Governor. The assessment must be objective and specific. Then, the assessment shall be sent to the relevant court within 10 days from its submission. The assessment requested by the court to the proposal for conditional release of the convict contains, in addition the personal data, also the data stated in the court judgement and data which represent the fulfilment of the condition for granting the conditional release: a) evaluation of behaviour of the convict during his/her pre-trial detention and prison sentence b) activities of the convict and fulfilment of the treatment program c) resocialisation prognosis according to risk assessment of social failure. In the assessment to the proposal for conditional release of the inmate, there shall be stated all information concerning the convict, which the prison has available and which can may presuppose whether the convict will live a proper life without committing further crimes after his/her release and which might be a basis for the court decision. To the assessment of the convict to the request for conditional release it is also necessary to state that there are stated all information available to the prison related to the current prison sentence of the convict (including pre-trial detention if it is counted into execution of the prison sentence of the convict), which may objectify the assumption whether the convict will live a proper life without committing the crimes after his/her release and which might be a basis for the court decision on the conditional release of the convict. It follows that the information whether the convict fulfilled specified obligations or violated the specified prohibitions during serving his/her prison sentence, shall be always stated in the assessment regardless the extinguishing the disciplinary punishment. Based on the evaluation of these information, especially resocialisation of the convict, the Prison Governor shall state in the end of the assessment whether the convict: a) demonstrates fulfilment of the conditions for conditional release and whether the conditional release is recommended, b) partially demonstrates fulfilment of the conditions for conditional release and whether the conditional release with surveillance is recommended, c) partially demonstrates fulfilment of the conditions for conditional release and whether the conditional release is not recommended, d) does not demonstrate fulfilment of the conditions for conditional release and whether the conditional release is not recommended. To the recommendation of the convict for the conditional release, there is needed, in addition to the fulfilment of formal condition (time limit set by a competent court), mainly that the convict fulfilled all obligations stated by the Act on Prison Sentence, treatment program and achieved such level of resocialisation that may presume leading of the proper life without committing further crimes after release. A complaint with suspensory effect may be lodged against the decision on conditional release. The complaint is lodged to the district court that issued the decision within three days from notification of the decision. Generally, the lodged complaint is submitted to the regional court for decision.
What authority is in charge of doing it and who participates in its preparation?See the answer to question no. 1.
What reports and documents should be included is this fileSee the answer to question no. 1
This file must be finalized in a legal term? What is the average term of its completion?See the answer to question no. 1
What average time elapses between the completion and submission of the file to the authority that must approve the proposal and its final approval?See the answer to question no. 1
How early is parole approved with respect to the scheduled date for its grant?See the answer to question no. 1
Conditional release is prescribed by the Criminal Code and The Enforcement of the Prison Sentence Act, which regulate the conditions and manner of release of prisoners from serving a prison sentence before its expiration.
What authority is in charge of doing it and who participates in its preparation?The procedure of conditional release at the competent county court is initiated by the proposal of conditional release. The proposal may be submitted by the prisoner, his lawyer, immediate family members and the public prosecutor. The conditional release of prisoners is decided by: The Council of the County Court in whose territory the prison or penitentiary is located, in a panel of 3 judges, and the president is the enforcement judge. The enforcement judge of the county court in whose territory the prison or penitentiary is located may conditionally release the prisoner up to three months before the expiration of the sentence.
What reports and documents should be included is this fileAfter receiving the request for conditional release, the enforcement judge will receive a report with the opinion of the penitentiary or prison where the prisoner is serving his sentence, and if necessary a report from the probation office and available data from the social welfare center. The session of the council for conditional release shall be notified to the public prosecutor who submitted the proposal, and if the proposal was submitted by a prisoner, to the public prosecutor with territorial jurisdiction to act before the court deciding on conditional release and the prisoner's attorney (if any). Along with the notification, the prisoner's proposal is submitted to the public prosecutor. The prisoner is invited to the session. The presence of prisoners at the session of the council can also be through a closed technical device for remote communication (audio-video conference). When the council deems it necessary, it shall invite the competent officer of the penitentiary or prison where the prisoner is serving his sentence, the competent officer of the probation office and, if necessary, other persons to the session. At the session of the council for conditional release, the council president informs the council on the content of the obtained documentation, interrogates the prisoner, after which the council decides on the proposal for conditional release and issues a decision. The court may, with the written consent of the prisoner, order the conduct of electronic monitoring for the duration of the conditional release by a decision on conditional release.
This file must be finalized in a legal term? What is the average term of its completion?The convicted person, who has served one half of his or her sentence of imprisonment, but not less than three months, may be released from a penal institution. The enforcement judge shall schedule a session of the council for conditional release no later than 30 days from the date of receipt of the request
What average time elapses between the completion and submission of the file to the authority that must approve the proposal and its final approval?About 2 months.
How early is parole approved with respect to the scheduled date for its grant?The proposal may be submitted by the prisoner, his lawyer, close family members and the state attorney after half of the sentence has been served.
The procedure for granting conditional release (hereinafter: CR) is laid down in the law of 17 May 2006 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). * Preliminary remark: the LELP makes a distinction between persons who have been sentenced to one or more custodial sentences with a total enforceable period of up to three years and persons who have been sentenced to one or more custodial sentences with a total enforceable period of more than three years. The provisions regarding persons sentenced to a total enforceable period of up to three years will only take effect as of 1 June 2022. Until then, persons sentenced to one or more custodial sentences with a total enforceable period of up to three years will remain subject to a more flexible system of provisional release. We will limit our answers to the rules for persons sentenced to a total enforceable period of more than three years
What authority is in charge of doing it and who participates in its preparation?The decision to grant a CR is taken by the sentence enforcement court, insofar as the sentenced person meets certain time conditions and insofar as there are no contraindications that cannot be met by imposing special conditions. An advice from the prison direction and the public prosecutor’s office is required. If necessary, the psychosocial service can be asked to draw up a memorandum or the Houses of Justice service can be asked to draw up a brief pre-sentence report or to perform a social survey. The public prosecutor's office at the sentence enforcement court is in charge of monitoring the sentenced person. The justice assistants monitor the compliance with the individualized special conditions the sentence enforcement court has imposed on the convicted person. In certain cases, which are defined by law (e.g., when the sentenced person does not comply with the conditions, when a final conviction for criminal offences committed during the probation period occurs ...), the sentence enforcement court can revoke, suspend or revise the CR.
What reports and documents should be included is this fileThe prison director informs sentenced persons about the possibility of applying for a CR six months before they will meet the time conditions for a CR. They can effectively submit a request as from then. The director issues an advice within four months after receiving the request from the sentenced person. The public prosecutor’s office, in its turn, issues an advice within one month after receiving the advice from the director. The director compiles a file, which consists of: - a copy of the detention note; - a copy of the judgments and rulings; - a summary of the facts for which the person concerned has been sentenced; - an extract from the judicial records; - information about the civil party/parties; - information about the housing situation of the sentenced person; - where appropriate, the substantiated advice of a person or service specialized in the diagnostic expertise of sexual offenders; - where appropriate, the report of a service or person specialized in matters relating to terrorism and violent extremism; - where appropriate, the memorandum of the psychosocial service; - where appropriate, the brief pre-sentence report or the social survey of the justice assistant; - where appropriate, the statement of the sentenced person or their counsel.
This file must be finalized in a legal term? What is the average term of its completion?See Question 3
What average time elapses between the completion and submission of the file to the authority that must approve the proposal and its final approval?The sentence enforcement court assesses the case at its first useful hearing after receiving the advice of the public prosecutor’s office. This hearing takes place at the latest six months after the submission of the sentenced person's request. The sentence enforcement court takes its decision within 14 days after the case has been considered.
How early is parole approved with respect to the scheduled date for its grant?See Question 5
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