Brief considerations regarding the criterion of the appropriateness of granting conditional release by the court
Brief considerations regarding the criterion of the appropriateness of granting conditional release by the court

Summary/Abstract: Conditional release represents the most used form of post-conviction indivi-dualization, of the prison sentence, based on a good behavior on the part of the detainee during the execution of the custodial sentence. For the granting of conditional release, the convicted person will go through two stages, an administrative stage (when the conditions and conduct are analyzed by a commission of the penitentiary where he served his sentence) and a jurisdictional one (when his conditions and behavior are examined by the court of trial). Therefore, in order for it not to become a discretionary legal institution, conditional release will be granted according to the decision of a specialized commission set up at the penitentiary level, which will assess the conditions and behavior of each individual. However, the court should look more closely at the conditions of legality, and not at the conditions of opportunity, which should be left to the duties of the prison commission.

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