Parole Hearings (Early Release) Representation
Parole, or early release (known locally as "UDO"), is a vital legal mechanism giving prisoners the chance to leave the penitentiary facility before serving their full sentence and return to society. Georgian legislation sets specific criteria and timeframes under which a prisoner is eligible to request release. However, in practice, this process is complex and bureaucratic. Decisions are made by a special Local Council of the Penitentiary Service or a court, and statistically, a significant portion of applications are rejected without sufficient justification. A common reason for refusal is the "nature of the crime," which many legal experts argue is flawed since the nature of the crime was already accounted for in the original sentencing. The involvement of a qualified lawyer is essential to properly prepare documentation, highlight the prisoner''s positive rehabilitation, and effectively appeal negative decisions.
What Does This Service Cover?
Lawyers registered on Legal.ge, specializing in penitentiary law, offer comprehensive support:
- Case Study and Time Calculation: The lawyer calculates exactly when the prisoner meets the statutory mandatory term (1/2, 2/3, or 3/4 of the sentence) to file an application.
- Document Preparation: Gathering character references from prison administration, psychologist reports, records of rewards, family statements, and proof of potential employment, which are crucial for the Council.
- Representation at the Local Council: Active participation of the lawyer in the Parole Board hearing to defend the prisoner''s interests.
- Appealing Refusals: Filing administrative appeals in court against negative decisions made by the Council.
- Plea Bargaining during Sentence Execution: Negotiating with the prosecutor''s office to commute the remaining sentence or replace it with a non-custodial one.
Common Scenarios and Real-World Situations
The parole process often faces the following obstacles:
The first scenario is the "Template Refusal." The Council denies a prisoner with good behavior and rewards, citing "severity and nature of the crime." The lawyer appeals this in court, arguing that the prisoner''s rehabilitation progress was ignored.
The second scenario is "Disciplinary Misconduct." A prisoner had a minor violation years ago, and the Council uses this to deny release. The lawyer argues that the violation has been expunged and should not affect the current decision.
The third case is the "Employment Issue." The Council requires a guarantee that the person will be employed upon release. The lawyer helps the family secure a legally valid offer letter from a potential employer.
The fourth scenario is "Health Condition." Requesting release from serving the sentence due to severe illness, which is a separate but parallel process to parole.
Georgian Legal Framework
The process is regulated by the following acts:
- Criminal Code of Georgia: Article 72 defines the terms for early release based on crime categories (less grave, grave, particularly grave).
- Imprisonment Code: Regulates the rules of operation, composition, and decision-making criteria of Local Councils.
- Order of the Minister of Justice: Defines criteria for assessing prisoner risks and the importance of the "resocialization" plan.
Service Process Step-by-Step
- Prison Consultation: The lawyer meets the prisoner, studies their personal file and disciplinary history.
- Filing the Application: Registering the application with the Council along with supporting evidence.
- Council Hearing: The lawyer presents arguments on why the prisoner is ready to return to society.
- Appeal: In case of refusal, filing a lawsuit in court within 10 days.
Why Use Legal.ge?
Parole is not an automatic process—it is a legal battle. On Legal.ge, you will find lawyers with years of experience working with the penitentiary system who know which arguments are decisive for the Council and the Court. Do not leave your freedom to bureaucracy—find a defender today.
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