Conditional Early Release from Prison

According to Interpretative Decision No. 32 of 3 August 1990 in criminal case No. 16/1990 of the General Assembly of the Criminal Division of the Supreme Court of Cassation, the wording in Article 70(1) of the Criminal Code that “the court may release the convicted person” shows that the legislature links this power to findings and assessments of the convicted person’s conduct. That assessment may be based only on evidence of the person’s conduct while serving the prison sentence, collected with regard to the requirements of Article 70(1).

Article 439a of the Criminal Procedure Code introduces an evidential standard concerning rehabilitation while serving a prison sentence. Relevant evidence may include any circumstances showing a positive change in the convicted person, such as good conduct; participation in work, educational, training, vocational or sporting activities; specialised rehabilitation programmes; and activities benefiting the community. Established case law follows the same approach: Supreme Court Plenum Decree No. 7/1975, amended by Decree No. 8/1987, provides that a finding of exemplary conduct by a person proposed for conditional early release must be based on evidence of a conscious, active and positive attitude towards the prison regime, internal rules, discipline and legality. In summary, the written evidence must show that the convicted person’s file contains information meeting the requirements of substantive and procedural law and the binding directions of Bulgaria’s Supreme Court. Both substantive conditions under Article 70(1) of the Criminal Code must be satisfied.

The regional court is competent to examine an application for conditional early release and rules by an order. The convicted person, the prison governor and the prosecutor may challenge that order before the court of appeal as incorrect or unlawful.

Whenever you or someone close to you needs professional legal assistance, it is advisable to consult a qualified lawyer prepared to protect your interests.