Conditional freedom

  Criminal law, crimes

The conditional freedom It is a permit that is granted due to their behavior to a person deprived of liberty. This benefit can be granted only in the last part of serving the sentence, which is usually called the fourth degree. 

This permit allows the convicted person to serve the remainder of the sentence in freedom, without committing any crime. You will also have to comply with any additional behavioral demands imposed on you.

How is parole obtained?

The permission of conditional freedom It is granted by a Penitentiary Surveillance Judge, who is in charge of agreeing to the suspension of the execution of the sentence. For this purpose, the Judge makes an assessment of various circumstances, including the background, the behavior of the convicted person and how the crime was committed.

The conditional freedom It must be granted when the sentence that remains to be served is between 2 and 5 years. Because conditional release cannot be less than the duration of the part of the sentence that remains to be served.

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What are the requirements to grant parole?

For the Penitentiary Surveillance Judge to grant the conditional freedom The prisoner must meet the following requirements:

The sentence imposed must have been served in three quarters.

It must be classified in third grade.

You must have observed good behavior.

But in some cases it does not grant conditional release in all cases, even if all these requirements are met.

The conditional freedom Nor is it granted in cases where the convicted person has not satisfied the civil liability originated from the crime. This means that the person harmed by the crime has not been compensated if necessary.

Those convicted of crimes committed in criminal organizations, to obtain conditional release, must demonstrate that they have abandoned terrorist activity. They must also have actively collaborated with the authorities.

Other ways to grant parole

The Judge may grant the conditional freedom when the following requirements are met:

Two-thirds of the sentence must have been served.

In cases where the convict, while serving his sentence, carries out cultural, work or any other similar activity. It has done this continuously and has been able to take advantage of these activities.

The prisoner must have had good conduct and be classified in the third degree.

The Judge may exceptionally grant conditional release to convicts who meet the following requirements:

Convicts who are serving their first prison sentence and the duration does not exceed 3 years. When they have served half of the sentence, are classified in the third grade and have observed good behavior.

Prisoners who are very seriously ill with incurable illnesses and those who have reached the age of 70 can be granted the conditional freedom. But they must meet the requirements, except for having served two-thirds of the sentence, half of the sentence or three-quarters of it.

The conditional freedom It will not be granted to those convicted of having committed a crime against sexual freedom and indemnity. Thus, they meet all the requirements required for their granting. 

Procedure for granting parole

The procedure for granting the conditional freedom It is found in article 90 section 7 of the Penal Code. This process is currently not processed ex officio but rather the request is made by the prisoner. 

The prison surveillance judge will be in charge of resolving ex officio the suspension of the execution of what remains to be served of the sentence. Also to grant conditional release at the request of the convicted person.

When the request is not approved, the court or judge may establish a period of six months, which for any reason may be extended to one year. So that the request can be raised again.

In what cases is parole not granted?

The cases in which the conditional freedom are the following:

When the prisoner has provided insufficient or inaccurate information related to the location of his property or the objects that have been agreed upon by the forfeiture. Also when you provide insufficient or inaccurate information related to your assets. 

The convicted person fails to comply with the commitment to pay the compensation established in the sentence.

When the crimes are against the Public Administration and the convicted person fails to comply with the reparation or compensation corresponding to the damages caused.