Conditional Release (Parole) Applications: Legal Support for Freedom
Conditional early release (often called "parole") is one of the most important legal mechanisms for a convict to leave prison. Georgian legislation allows a person to leave the penitentiary institution before serving the full sentence if they meet certain criteria and demonstrate rehabilitation. However, this process is not automatic. Special councils and courts review each case individually, considering multiple factors: the nature of the crime, the convict''s behavior, family situation, and risk to society. Statistically, a large portion of requests is denied due to a lack of proper substantiation.
A lawyer''s role in this process is critical. A simple application is not enough. It is necessary to prepare a dossier that convinces the board or court that the person is ready for resocialization. The lawyer helps the convict and their family collect necessary documentation, obtain character references, and formulate legal arguments.
What Does Conditional Release Service Cover?
Lawyers on Legal.ge offer full support in the release process:
- Eligibility Check: Consulting on when the convict becomes eligible to apply for parole (after serving 1/2, 2/3, or 3/4 of the sentence, depending on the crime category).
- Dossier Preparation: Collecting positive character references, social worker reports, documents on family status, and employment prospects.
- Board Representation: Lawyer''s advocacy before the Local Council of the Probation Agency, which reviews release matters.
- Court Application: If the council refuses, the lawyer prepares a lawsuit to appeal the decision or requests the commutation of the remaining sentence to a lighter one (e.g., house arrest, community service).
Release Mechanisms and Scenarios
Convicts can utilize several mechanisms:
- Conditional Early Release: Fully leaving prison but remaining under probation supervision for a probationary period.
- Commutation of Sentence: Replacing the remaining prison term with community service or house arrest.
- Health Grounds: Release due to severe or incurable illness (based on a special commission''s conclusion).
- Age: Release due to age (women from 65, men from 70), provided they have served a certain portion of the sentence.
Georgian Legislation and Legal Framework
The issue is regulated by the Criminal Code of Georgia (Articles 72, 73) and the Imprisonment Code. Release is possible after serving 1/2 of the sentence for less grave crimes, 2/3 for grave crimes, and 3/4 for particularly grave crimes. Decisions are made by the Local Council of the National Agency for Crime Prevention, Execution of Non-custodial Sentences, and Probation. There is also a mechanism for sentence commutation through the courts.
Process: What to Expect
The process begins when the eligibility date arrives. The administration automatically sends a character report, though this is often formal. Engaging a lawyer ensures that all positive circumstances (e.g., educational courses taken in prison, awards) are included in the file. The council reviews the case with or without an oral hearing. In case of refusal, the decision is appealed in court. A lawyer will help increase the chances of a positive decision.
Why Choose Legal.ge?
Freedom is the highest value. Legal.ge connects you with lawyers who understand the specifics of the penitentiary system and know how to present the convict in the best light. Do not leave your fate solely to bureaucracy—find a lawyer on Legal.ge.
Updated: ...