Sentence Reduction and Commutation Motions (Article 73)
Sentence reduction or commutation is a legal mechanism allowing a convict to replace the remaining prison term with a lighter form of punishment (e.g., house arrest, community service, or correctional labor). Article 73 of the Criminal Code of Georgia provides for this possibility if the convict has served a certain portion of the sentence and demonstrated rehabilitation. This differs from Parole (Early Release) in that the person is not fully released but rather transferred to a lighter regime. This is particularly relevant for prisoners who were denied parole but have a chance to move to a freer regime. The process involves filing a motion with the court and requires justification that the prisoner no longer poses a danger to society.
What Does This Service Cover?
Lawyers listed on Legal.ge offer full services for sentence commutation:
- Motion for Commutation: Drafting an application to the court to replace the unserved part of the sentence with a lighter penalty (Article 73).
- House Arrest Requests: Preparing arguments on why serving the remaining term under house arrest (electronic monitoring) is appropriate.
- Community Service: Replacing imprisonment with labor, allowing the prisoner to leave the facility.
- Amnesty and Legislative Changes: If a new amnesty or law reduces the penalty for a specific crime, the lawyer petitions the court to review the verdict and reduce the term retroactively.
Common Scenarios and Real-World Situations
Sentence commutation happens in these cases:
The first scenario is "Serving 1/3 of Term." For less grave crimes, after serving one-third of the sentence, the remaining term can be replaced with community service.
The second scenario is "Health Issues." The prisoner has a condition not severe enough for full release but sufficient to justify house arrest.
The third case is "Legislative Change." Parliament reduces the sanction for the crime the person is imprisoned for. The lawyer requests the sentence be aligned with the new law (retroactive force).
Georgian Legal Framework
Regulations:
- Criminal Code of Georgia: Article 73 (Parole and replacement of the unserved part of the sentence with a lighter penalty).
- Imprisonment Code: Defines rules for assessing convict behavior.
Service Process Step-by-Step
- Time Check: The lawyer verifies if the prisoner meets Article 73 timelines.
- Motion: Filing with the court.
- Probation Report: The court requests a character reference from the Probation Bureau.
- Decision: The court commutes the sentence or denies the motion.
Why Use Legal.ge?
Sentence commutation is a real alternative for those denied parole. On Legal.ge, you will find lawyers to help you leave prison legally.
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