Table C: Early release from determinate sentences of imprisonment in Europe 1

Transcription

1 Table C: Early from of imment in Europe 1 vs. automatic before (good Austria 46 ff CC Senate of a 1 day 1/2, 46(1); 3 months; for Good prognosis and Directives/ regional court in the 20 exceptionally offenders aged evaluation, if the offender not obligatory, for administrative because of the under 21 at the will be pre-vented from under 21 old, district of the seriousness of the time of commit- committing further crime however, regularly., 152, 152a Prison Act offence and general ting the crime: preventive aspects early after 2/3, 46(2) min. 1 month. by early no less than by fully serving the. Period of probation: Min. 1 y., max. 3 y.; if remainder > 3 : 5 General preventive ; for from reasons only in life : 10 y. exceptional cases, see column 5. Belgium Act of 17 May Prison authorities 8 days 30 For of up 15 days 3 To large extent automatic Community 2006 on the External Legal Position of the Sentenced Prisoner and the Rights of the Victims up to a max. of 3 ; otherwise: Sentence Implementation Court 1 to 1 year ca. 1/6-1/4 2 For of over 1 year: 1/3 For months recidivists d to more than 3 : 2/3. months For of over 1 year: 3 Requirement: absence of a negative prognosis 3 compulsory, minimum period 2 ; for serious crimes minimum 5 ; for life, 10 For life : 1 Revised version of: Dünkel, 57 StGB (Commentary), margin note 91, in: Kindhäuser/Neumann/Paeffgen, Strafgesetzbuch, 4. Edition 2013, Baden-Baden.

2 vs. automatic before (good 10 (or 16 if recidivist) Croatia 55 CC; 159 Judge for the 30 days 15 1/2, exceptionally Good prognosis; Release Not obligatory Prison Act, exceptionally (good behaviour) 1/3 consideration of personality, prior life, behaviour in and effects to be expected anticipated by max. 2 months before end of the after Period is equivalent to the from early. having served 3/4 of the (decision of the governor) Czech 61 ff CC; Court (individual 1 day 4 1/2 for certain Good behaviour and not obligatory; Republic 331 ff Criminal judge) 15 (exceptionally: crimes; 2/3 for recidivists or certain prognosis or personal security ( Bürgschaft ) 1 7 Procedure Act 25 ) very serious crimes provided to the court. Denmark Minister of Justice. 30 days 16 2/3, exceptionally 2 months Requirements: absence of Placement of Usually, conditions are Criminal Code Institutional after 1/3 a negative prognosis; juveniles/elderly/si set. Period max. 3 authority: Section (exceptionally Accommodation and ck in i.a. homes ; if remainder of for s and 20 ) income are guaranteed; and hospitals the is more, probation Undertaking to respect then max. 5. conditions of

3 vs. automatic before (good England/ Wales 6 Criminal Justice Parole Board for Act (CJA) 1991; in and 1 day whole life Determinate Sentences: Automatic early with by the max. 135 days before the date of Conditions fixed by the governor for Crime and recalled ers automatic probation service; : place- automatic + HDC. Disorder Act (as far as no 1998; CJA automatic 2003, CJ and is provided, Immigration Act s. column 7) 2008 at 1/2 + discretionary Home Detention Curfew up to 135 days earlier. Extended Sentence for Public Protection (ESPP): 2/3 ESPP: discretionary early (Parole Board) ment on electronic Period of probation is monitoring identical with the (decision of suspended part of the administr.); since (i. e. the 2007: End of remaining term); 7 Custody License: ESPP: Extension of additional 18 days period of up to 5 y. early for (violent off.) or 8 y. sent. 4 y. (with (sexual off.) ) Estonia 76 ff Criminal Court of first 30 days 20 1/2 or 2/3 6 months Good prognosis Directives or Code instance (excep- (depending on the obligations are tionally 30 y.); seriousness of the mandatory ( 76) detention for offence) minor offences: 1 day 30 days Finland Criminal Code, Prison adminis- 14 days 12 1/2 for (concerning 14 days automatic Max. 6 months Not obligatory Chap. 2c, 5 ff. tration (automatic ); exclusion (exceptionally of early can 15 for the last 3 ) first time incarcerated offen- (exceptionally it can be ordered to serve longer) before an early : by the Period of probation is equivalent with the

4 vs. automatic before (good be imposed by the cumulated ders, for others 2/3; probation service,, maximum 3 sentencing court for ) for under 21-year- possibly combined ; for d of at old young with electronic from life imment: least 3 and offenders: 1/3 or monitoring 3 particular serious 1/2 depending on offences of previous incarce- recidivist offenders rations; or extremely dangerous offenders (Chap. 2c, 11) If it is ordered to fully serve the : after 5/6 (s. col. 3) ( 12) France Art. 729 ff. Code Judge for the 6 months 30 1/2, for recidivist (in individual Proof of considerable Remission: good Regularly directives of Criminal offenders 2/3; 8 early cases of senten- efforts to participate in behaviour; max. 3 and obligations and Procedure may be ces of more than 5 rehabilitative activities months per year by the In case of of more than 10 or a remainder of more than 3 : the district court for the granted particularly a period of in case of security (période or the de sûreté) of a max. of 2/3 of the of up to 4 may be, if the offender has to take care fixed) of children aged up to 10 y. (2 m. for the 2nd and the following Period of : ) or 7 days per month; 9 remainder of + max. 1 year electronic (Recidivist offenders: monitoring up to 1 max. 15 ) y. before ordinary probation service.

5 vs. automatic before (good Germany 57 Criminal Court for the 1 month 15 2/3, see 57 (1) 2 months Good prognosis: if it can 6 days per year for Directives and Code (StGB) CC, ( 57(1)) be justified with regards to working ers, obligations, not at District Court, see 454, 462a Criminal Procedure Act 1/2 for first time 6 months incarcerated with ( 57(2)) sent. of up to 2 and exceptionally other if special circumstances justify it, see. 57(2) No. 1 and 2 CC the interests of public safety. see 43(9), (10) obligatory; Federal Prison Act after having served > (this or equiv. 1 year regularly regulation applied by the in 11 Federal probation service States); Prison Act should be ordered Mecklenburg- Probation period: 2 5 Western, minimum Pomerania: 8 days remaining term of the per year. Greece 105 ff. CC Local 10 days 20 2/5 for of 1/3 for Automatic for Each day of work Under the Misdemeanours less than 5 ; between 5-20 reasons of ill health; in counts as of probation officers; Councils (or Juve- 3/5 for (2/3 for drug otherwise good risk one and a half period contingent upon nile Tribunals, for between 5 and 20 offenders) prognosis based on days towards the the year-old (4/5 for drug custodial conduct (minimum 3 juveniles) offenders); ) (1/3 for yearold juveniles)

6 vs. automatic before (good Hungary 47 ff. CC Judge for the 2 months 15 Detention: 2/3; 2 months Good prognosis and good not obligatory 8 ff. Prison Act decides on early and recall; judge of first instance may exclude early, exceptionally: 20 : 3/4; penitentiary (strict regime): 4/5; < 3 : exceptionally 1/2 behaviour; early excluded for certain organised crimes 10 Period of probation, minimum 1 year Ireland Criminal Justice Prison authorities 1 day life 3/4; 1 month Good conduct; Almost automatic Remission is Act 2006; (remission) ; imment 2/3 (Remission, see Further good conduct, regular remission unconditional; Prison Act 2003 Minister of Justice on the recommendation of the Parole Board col. 8) Parole: Prisoners serving 8 y. up to 14 y. particularly participating in treatment programmes; Parole: good prognosis of one quarter of the, in Parole: different case of further directives; good conduct: 1/3; of the probation see col. 5 service; Italy 176, 177 CC tribunal 5 days 24 1/2; 30 months; Good behaviour, which Liberazione Obligatory (tribunale di sorveglianza) 11 for recidivist offenders: 3/4 (The remainder must not exceed 5 ) 12 for recidivist offenders: 4 justifies the expectation of anticipata (good resocialisation; obligations time): up to 45 to compensate the victim days per 6 are fulfilled or not fulfilled months, if the without being responsible er proves for it. his/her Period of probation corresponds to the participation in rehabilitative

7 vs. automatic before (good programmes Lithuania 157 ff. Lower court within 3 months 20 1/3 or 1/2; Prisoner must have Supervision is Law for the the district where according to proven his ability to obligatory Execution of the is Punishments, in situated force since 1 May 2003 (exceptionally 25 ) different groups; 2/3 3/4 or no for particular dangerous recidivists or after a recall improve by good behaviour and/or good working results Period of is suspended remainder of the of probation terms Netherlands 15 15l CC 13 Public prosecutor 1 day 15 (exceptionally: 30 ) Prison of up to 1 year: no early Sentence of > 1 year up to 2 : 1 y. + 1/3 of the ; Sent. > 2 y.: 2/3, Art. 15. or denied if an explicit negative prognosis must be given; also if the patient of a psychiatric clinic needs further treatment, or if he has shown serious negative behaviour in, has tried to escape or has escaped from, Art. 15d. 1 year Early is postponed Supervision if it contributes to prevent recidivism, Art. 15b; 14 Participation in treatment programmes and electronic monitoring can be ordered, see Art. 15a. Period of probation is remainder of the, min. 1 y., Art. 15c.

8 vs. automatic before (good Poland 77 ff. CC, Court of the 1 month 15 1/2; for recidivist Positive prognosis Supervision obligatory Art. 159 ff. Law on the Execution of Sentences at the district court (in exceptional cases 25 ) offenders 2/3, or 3/4, 3/5 in cases of 25- year (Conditions can be tightened at the time of imposing the original ) for sexual- and recidivist offenders, for from life and for juveniles Period of probation is, min. 2 y., max. 5 y. (after previous re-offending min. 3 ); after the 25- penalty: 10 y. Romania Art. 99 ff. CC Court within the 15 days 30 Prison of Condition: rehabilitative district where the is situated max. 10 y.: 2/3, more than 10 y.: 3/4 Prisoners aged 60 and older: 1/2 ( s. up to 10 improvements during the stay in and possibility for social reintegration; civil obligations as established Period of probation is y.) and 2/3 ( in the judgement fulfilled s. > 10 y.)

9 vs. automatic before (good Russia Art. 79 f. CC Court, decision 6 months 20 1/2 2/3, according 6 months Prognosis, that the For less serious Supervision is prepared by a to specific crimes offender is able to crimes after 1/3 a obligatory (police) commission (exceptionally of the 30 ) rehabilitate substitution by other non-custodial is possible Period of probation is Scotland Prisoners and Parole Board, if not 5 days Prison < 4 If is less Release must be granted Where er is For conviction on Criminal automatic 30 : 1/2; than four months: upon the expiry of two- considered by indictment for non- Proceedings (Scotland) Act 1993 Prison sent. min. 4 : 1/2; otherwise: 2/3 15 one half of thirds of the custodial part of the ; earlier may be granted only where the offender is Ministers to present an acceptable risk and is sexual offence where is less than 3 : Directives and possible; considered to present an not for a sexual max. term: 1 year acceptable risk offence, they may serve up to one quarter of the or 166 days on Home Detention Curfew Where the court imposes extended for sexual offence or violent offence, where is over 4, period on licence in the Community may be up to 10 in addition to imposed

10 vs. automatic before (good by court Slovenia 88, 89 CC; Release Commission (3 members: 1 (excep- 15 days ff. Prison Supreme Judge, 1 tionally life Act Supreme Prosecutor, 1 represen- imment) tative of Justice) 1/2; Good prognosis ( justified Release by Supervision by the of more expectation that no further governor: max. 1 Centre for Social work than 15 y.: 3/4; crimes will be committed) month before end possible since 2008; exceptionally after of after directives not 1/3, if special having served 3/4 obligatory circumstance of the of the Probation period is personality of the offenders are given. Spain 36 ff.; 90 ff. CC 72 General Penitentiary Law Judge for the 6 months 20 ; exceptionally up to 40 3/4; exceptionally Mainly, behaviour, after 2/3 or 1/2 16 home leaves granted and period spent in an open are taken into account Electronic monitoring for pre- Not obligatory Probation period is paration of (early) is possible Title VIII 191 ff Penitentiary Rules

11 vs. automatic before (good Sweden Chap. 26 A postponement of 6 ff. CC 17 is decided by the head of the department 14 days 10 (exceptionally: 14 ) 2/3 1 month Regularly (automatic) Not obligatory, if not special Min. 1 year, max. grounds to object to such a (for ex. recidivist offenders who previously have been d to a probation according to Chap CC; Postponement of max. 6 months is exceptionally possible because of disciplinary sanctions during the term. Switzerland 18 Art. 86 CC Prison adminis- Regularly 6 2/3, exceptionally 3 months Good behaviour, no Regularly tration; regularly the months 20 1/2, if special indices for recidivism by the probation ser- department circumstances of vice, directives, Art. 87. of the canton; partly the offender are Probation period is special given re- commissions mainder of the, min. 1 year, max. 5.

12 vs. automatic before (good Turkey Art. 107 Law for Court of first 1 month 20 2/3 20 There is no Good behaviour in, - Directives are not the Execution of instance or local (Art. 49 general statutory Art. 107 (1); obligatory; and can Punishments and Security Measures (Law No in force since 1 June 2005) district court at place of 19 (1) Turkish Criminal Code) absolute minimum; Is usually indicated But for life 24 and aggravated life 30 also be changed or rescinded during probation period, Art. 107 (10). The max. probation period is the remainder of the Of multidisciplinary composition: a judge, an expert in social reintegration and an expert in matters. 2 Differentiated for of up to 1 year: under 5 months possible after 15 days; between 4 und 7 months possible after 1 month; between 7 und 8 months possible after 2 months; between 8 months and 12 months possible after 3 months. 3 For of more than10 where less than 1/2 has been served, the Commission must be unanimous. 4 There is no general statutory absolute minimum. In practice, also less serious crimes are not punished with imment of less than 3 months, for other offences the relevant statutory provision sets a (at least 6 months). 5 The Act on the of , in force since , and related legal changes have had an impact on the implementation of and the rights of ers: detention (a less strict form of imment of from 7 days to 6 months) has been abolished and the of persons d to life imment is now also governed by statute. 6 Since 2006 the work of the Parole Board is restricted to in and those recalled from license for more than 28 days. 7 In Imment for Public Protection (with up to life long after ) has been abolished by the Legal Aid, Sentencing and Punishment of Offenders Act Repeat violent or sexual offenders now can be d to life imment with up to life-long license after (sect. 122 LASPOA 2012). 8 The half or 2/3 are counted for the minus remission, see column 8. So in fact it can be at the 3 months-point for non-recidivists with a of one year, which is reduced by 6 months according to the good time schedule, see also next footnote.

13 9 A further reduction of 3 months per year or 7 days per month (réduction de peine supplémentaire) can be obtained if the offender successfully participates in rehabilitative programmes (e.g. training, work, schooling programmes, but also efforts to compensate the victim). 10 The exclusion for repetitive recidivists was abolished on 1 March Which is composed of lawyers and experts/professionals from other disciplines (psychologists etc.), similar to the Belgian Release Commissions. 12 Early and referral to a period under house arrest is possible when the remainder is max. 2, if regular parole (affidamento in prova) cannot be granted. In addition, for pregnant women or for parents with of up to 4, if they have to take care of children under 10 of age; also for seriously ill persons over 60 and for young offenders under 21 with a corresponding remainder of up to On 1 July 2008 a new law came into force which reflected the continuous critique of the system of automatic early without the possibility of imposing and directives, see 15-15l CC. The new law requires individual prognoses in cases of of more than 1 year. Early from of less than one year (after having served at least 6 months) was abolished. However, this form of early, as well as the automatic scheme, is applicable in the transitional period up to 1 July 2013 in cases dealt with by the courts before 1 July The earlier system in force until 2008, which provided a postponement or denial of early only in exceptional cases, consisted of an automatic and unconditional, i.e. neither directives nor a probation term and by the probation service could be ordered. 15 The Crime and Disorder Act 1998 introduced the extended for sexual offences and violent offences attracting a of over four. This comprises two parts, a custodial term, of which a minimum of one half and a maximum of two-thirds must be served in custody, with early being at the discretion of the Parole Board, and an extension period of a maximum of ten. The offender remains on licence, under local authority and liable to recall to, from the date of until the expiry of the entire calendar period of the. 16 If the er has continuously worked or participated in rehabilitative programmes, or if he is over 70 old and seriously ill, he may be d (early) at any time. 17 Reform law, in force since 1 January 1999, for ers in detention before that date, the old law applies, which did not provide for an obligatory date for, which possibly was more favourable for the detainees as a even after half of the was possible. 18 On 1 January 2007 a total reform of the General Part of the Swiss Criminal Code came into force. 19 The administration files a review at court, though the court is not bound by this review, Art. 107 (11). 20 Before 2005, according to Art. 19 and in addition to Art. 2 of the former law of 1965, the of the er was already possible after 40% of the. 21 For life, aggravated life, and for combinations of life and the max. probation period is half of the min. period before. For example, for life 12 and for aggravated life 15.