Parole

Verified 03 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Parole is a prison sentence adjustment measure. It allows an inmate to be released before the end of his sentence, under certain conditions. The inmate who wants parole must apply for it. The court examines his behavior or his situation of fragility linked to his age, his state of health, pregnancy or the presence of a child. Detainees are monitored after their release and failure to comply with conditions can result in their return to prison.

Conditional release allows for release anticipated imprisonment of a person who has been sentenced to

Parolees are free, but they must comply with the conditions imposed on them when they are released.

You have to meet certain criteria to be eligible for parole.

General case

One convicted person may be released after serving at least half of her sentence, if she demonstrates serious efforts at rehabilitation.

Parole is not granted if there is a risk of recurrence.

If the person has been sentenced to life imprisonment, he or she may apply for parole after 18 years (or 22 years if he or she is a repeat offender).

For some crimes and offensesHowever, the court may decide that parole cannot be granted before a certain period of time. This delay is called the security period.

In addition, the sentenced person must provide a guarantee of one or more of the following:

  • Future job or internship upon release from prison
  • Vocational training project
  • Need to participate in the life of the family (his presence is essential for the education of a child for example)
  • Need for medical treatment
  • Efforts in view to compensate its victims
  • Involvement in any other serious reintegration project
Sentenced over 70 years of age

If the convicted person is over 70 years of age, he or she may be released regardless of the length of the sentence remaining.

He shall be granted conditional release provided that his reintegration is assured. The convicted person must justify that he or she will be taken care of upon his or her release or that he or she is provided with accommodation.

Such release shall not be granted if there is a serious risk of reoffending or if it may cause a serious disturbance of public order.

Convicted with child or pregnant

Parole may be granted on family grounds to a convicted person who has less than 4 years remaining in prison, regardless of the initial sentence.

Such release shall be granted only if the sentenced person exercises parental authority on a child under 10 years of age. The child must have his residence usual in the convicted person. If the convicted person is divorced/separated and has a simple right of access, he or she cannot benefit from this arrangement.

A woman who is more than 12 weeks pregnant is also affected by this measure.

It shall not be granted where there is a risk of recidivism or where crime or offense, committed on a minor.

Convicted person who has received a suspension of sentence on medical grounds

Conditional release may be granted without conditions of sentence completed to a convicted person who has been granted a suspension of sentence on that ground. To do this, the following 2 conditions must be met:

  • 1 year after the suspension of sentence was granted, a new expert opinion establishes that the person's physical or mental health is still permanently incompatible with continued detention
  • The convicted person shall provide evidence of appropriate treatment

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Prisoners sentenced to no more than 10 years in prison

Conditional release is granted by the sentencing judge for those sentenced to up to 10 years in prison. The sentenced person shall be heard by the judge. She may be assisted by a lawyer.

Who shall I contact

It's the parole decision that sets the follow-up.

The competent judge is the one who is responsible for the prison in which the convicted person is imprisoned.

Who shall I contact

The sentenced person may appeal the decision within 10 days free days after the notification of the decision. The competent court of appeal is the court on which the judge who made the decision depends.

Who shall I contact

FYI  

the victims' lawyer may attend the hearing and be heard if the person applying for parole has been sentenced to more than five years. He can also be heard on appeal.

Prisoners sentenced to more than 10 years in prison

Conditional release is granted by the Sentencing Court for other convicted offenders. The sentenced person shall be heard by the court. She may be assisted by a lawyer.

Who shall I contact

It's the parole decision that sets the follow-up.

The competent judge or court is the one who determines the prison in which the convicted person is imprisoned.

Who shall I contact

The sentenced person may appeal the decision within 10 days free days after the notification of the decision. The competent court of appeal is the court on which the court that made the decision depends.

Who shall I contact

FYI  

the victim's lawyer (but not the victim herself) may attend the hearing and be heard if the person seeking parole has been sentenced to more than 5 years. He can also be heard on appeal.

After his release, the sentenced person shall be followed by a sentencing judge and by a penitentiary counselor for insertion and probation. It shall be subject to one or more socio-judicial follow-up from the following list:

  • Exercise of employment
  • Obligation to follow care
  • Restrictions on his freedom of movement
  • Obligation to compensate victims

The convicted person remains subject to this monitoring during the remaining sentence. If she has been sentenced to life imprisonment, this follow-up lasts between 5 and 10 years.

If they fail to meet their obligations, the convicted person may return to prison to serve the remainder of their sentence.

FYI  

for sentences of at least 5 years in prison, social and judicial follow-up can be carried out via mobile electronic surveillance.

FAQ