Parole

Verified 11 December 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What is parole? This is a sentence adjustment decided by the application sentencing courts. It allows the convicted person to to complete his sentence outside of the penitentiary establishment while remaining bound by obligations. The convict remains followed by the application sentencing judge and one CPIP. To be able to ask There are certain conditions that must be met when a person is released on parole. We present you with the information you need to know.

Generally speaking, an inmate can apply for parole if he has spent a certain amount of time in prison, if he has done some serious social rehabilitation efforts (example: working in prison, learning to read and write) and that it has certain guarantees.

In some specific cases, the convicted person may be released on parole without having to meet those conditions. This is the case:

  • When he is over 70 years old
  • When he is the parent of a child under 10 years of age or, in the case of a woman, is pregnant
  • When he's seriously ill.
General case
Conditions relating to time spent in prison

A person who is detained may be released on parole after at least half of his sentence in prison, up to:

  • 15 years for one primary offender
  • 20 years for offenders in a state of recurrence.

The person sentenced to the life imprisonment may be granted parole after:

  • 18 years in prison for first-time offenders
  • 22 years for repeat offenders.
Conditions relating to the sentenced person

The convicted person must also prove that he is making serious social rehabilitation efforts (e.g. work in custody, treatment follow-up, etc.) and ensure one of the following:

  • Pursuit of a professional activity, followed by a traineeship or education
  • Follow-up of vocational training
  • Essential participation in the life of the family (his presence is essential for the education of a child, for example)
  • Need for medical treatment
  • Efforts to compensate victims
  • Involvement in a serious integration or reintegration project (e.g. volunteering or associative activity).

Please note

Having housing when you get out of prison is essential to getting parole.

Over 70 years of age

If the convicted person has more than 70 years, they can get parole regardless of the length of their sentence.

He is granted parole once he is rehabilitated (for example, he is undergoing therapy).

The convicted person must justify that he will be provided with accommodation or that he will be taken care of (e.g. in a retirement home) upon his release from prison.

Warning  

Such release shall not be granted where there is a risk of renewal of the offense or serious disturbance of public order.

Parental authority over a child under 10 years of age

The sentenced person with a sentence of not more than 4 years, or for which there is still 4 years to be servedmay be granted conditional release where:

  • It has parental authority on a child under 10 years of age who usually resides at home
  • She has been pregnant for more than 12 weeks.

However, parole may not be granted to the person convicted of a crime or a offense committed on a minor.

Severely ill

A convicted person suffering from a serious illness may benefit from suspension of sentence. This means that he is released from prison as long as his illness remains serious.

One year after the start of the sentence suspension, the convicted person shall be the subject of a medical examination.

They may be granted parole if:

  • Medical expertise shows that his health (physical or mental) is incompatible with imprisonment
  • And that he receives appropriate treatment for his illness.

FYI  

Suspension of sentence is not granted if there is a serious risk of the offense.

Apply for parole

As soon as he is eligible for parole, the convicted person is notified by the the penitentiary establishment on which he depends.

From that point on, the inmate can apply for parole.

The request is made by request signed by the convict and/or his lawyer.

It may be sent by letter RAR: titleContent or hand delivery:

  • At the Registry of the Jap: titleContent of the court of justice in the spring from which the person is incarcerated or domiciled
  • Or to the head of the penitentiary establishment in which the convicted person is incarcerated.

FYI  

Throughout the proceedings, the convicted person may be assisted by a lawyer. If they don't have the financial resources to hire a lawyer, they can ask legal aid.

Processing of the application for parole

The application sentencing judge is competent to grant conditional release to prisoners sentenced to less than 10 years' imprisonment or for whom only 3 years' imprisonment remains.

In other cases, the application shall be dealt with by the Judges of the application Sentence Tribunal.

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Sentence of less than 10 years or time remaining to be served of less than 3 years

Following the application for parole, the Jap: titleContent conduct an investigation and may seek the advice of the public prosecutor competent to the place where the convict wishes to live after his release from prison.

It has a four-month period from the date of application to organize a adversarial debateduring which the convicted person and/or his lawyer may make observations.

Please note

If the convicted person and the public prosecutor agree, Jap may grant parole without a debate.

After this debate, the Jap gives a reasoned judgment by which he grants or refuses parole.

The convict can make a appeal against that decision by bringing an action before the sentencing application chamber on which the Jap who made the judgment depends. It has a 10-day period from notification of judgment.

Other

Conditional release may be granted by the judges of the application Sentence Tribunal where the person has been sentenced to:

  • More than 10 years in prison
  • The life imprisonmentNo matter how much time remains in prison
  • A sentence of criminal imprisonment of more than 15 years for which socio-judicial follow-up is incurred, regardless of the time remaining in prison
  • A prison sentence for committing a crime act of terrorism.

Before reviewing the application, the Judges of Tap: titleContent must obtain the opinion of a commission charged with assessing the dangerousness of the convicted person.

In order to make a decision, such judges must have received the opinion of a representative of the prison administration.

They must also hear the public prosecutor, the sentenced person and/or her lawyer during a adversarial debate. This debate must be organized in a six-month period as of the request.

The Judges of the Tap: titleContent give a reasoned judgment by which they grant or refuse parole.

The convict can make a appeal against that decision by bringing an action before the sentencing application chamber on which the judges of Tap: titleContent who rendered the judgment. It shall have a period of 10 days from notification of judgment.

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FYI  

Parole may also be granted without application by the convicted person. In this case, the Tap must have been seized by the Jap: titleContent or the public prosecutor.

During parole, the offender is assisted and supervised by Jap: titleContent and one penitentiary insertion and probation counselor.

He must comply with the obligations and prohibitions set out in the judgment granting him parole. These measures shall be applicable for a limited period.

Obligations and prohibitions related to parole

In particular, the convicted person may be obliged to:

  • Respond to Summons from Jap: titleContent
  • Receive visits from a CPIP: titleContent
  • To take up residence in a specific dwelling
  • Prevent penitentiary service for insertion and probation changes in employment and residence
  • Prevent SPIP: titleContent of all trips over 15 days
  • Compensating the victims
  • Justify that it pays the amounts due to the Public Treasury
  • Submit to a injunction for treatment if he has been convicted of an offense involving socio-judicial follow-up.

It may also be prohibited from:

  • Go to certain specific places (e.g. drinking water)
  • Associate with certain people (for example, victim or accomplice)
  • Use a social media account for up to 6 months.

FYI  

A person sentenced to at least 7 years' imprisonment for committing an offense for which social and judicial follow-up is incurred, perhaps obligatory to wear an electronic bracelet.

The same shall apply to a person sentenced to at least five years' imprisonment for committing violence or threats on the person with whom he is married, in a family relationship or against the children of one of the members of the couple.

Duration of parole obligations and prohibitions

The Jap: titleContent or the judges of the Tap: titleContent determine the period of time during which the convicted person must comply with those obligations and prohibitions.

The length of the measures varies depending on the sentence imposed on the detainee.

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Temporary prison sentence

The duration of these measures may not exceed by more than one year the term of the sentence remaining to be served on parole.

In addition, these measures are applicable for a maximum period of 10 years.

Example :

If parole is granted for 5 years, the sentenced person may be required to comply with the measures set by Jap for a maximum of 6 years. However, if parole is granted for 11 years, the offender will be subject to obligations and prohibitions for up to 10 years.

Life imprisonment

If the convicted person has been sentenced to life imprisonment, those measures shall apply to it for a period of 5 to 10 years after his release on parole.

Parole may end either at the end of the test periodif everything went well, either during the trial period, if the convicted person did not respect his obligations or committed a new offense.

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No incidents during parole

If no incident occurred during the test periodThen the parole ends and the person is permanently released.

Non-compliance or new infringement

Where the sentenced person fails to comply with the obligations and prohibitions to which he was subject during the test period, the application sentencing courts may cancel parole.

The same shall apply if the person commits a new offense within that period.

The cancelation of this sentence adjustment is decided after a adversarial debate during which the sentenced person (and/or lawyer) may make observations.

In the event of annulment, the sentenced person go back to jail for the remainder of his sentence at the time of parole.

If the cancelation is due to the commission of a new offense, the sentence imposed for that offense accumulates the length of the sentence remaining to be served on parole. For example, if the remainder is 2 years and the sentence is 3 years, the offender will remain in the penitentiary for 5 years.

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