CDL-REF(2021)022 - 32 - (2) existence of disciplinary penalty while serving the punishment; (3) participation in educational programmes, athletic and cultural events or amateur unions of convicts while serving the punishment, where there has been such a possibility; (4) working for at least three months while serving the punishment, where there has been a possibility to work, or where not working has not been conditioned by the health problems of the convict; (5) other circumstances for assessing the proper conduct of the convict. 1.2. The following shall be taken into account when assessing the likelihood for the convict to commit a new crime: (1) age of the convict, age of the convict at the time of committing the crime; (2) nature of the crime and danger posed to the public; (3) existence of recidivism; (4) his or her attitude towards the criminal offence committed; (5) compensation of damage caused by the crime or settlement in any other way or undertaking an obligation in writing to compensate the damage caused or settle in any other way; (6) his or her attitude towards criminal subculture; (7) certain inclinations, possible addictions, preferences; (8) participation in re-socialisation, including personal development activities; (9) contact with the family or outside world or the existence of persons under care; (10) social environment; (11) state of health, including state of mental health, being in mandatory treatment and the result of mandatory treatment; (12) other circumstances for assessing the likelihood for the convict to commit a new crime. 2. When applying conditional early release, the court may impose on a person the duties provided for in part 5 of Article 70 of this Code, which the person must fulfil during the unserved part of the punishment. Where the convict has not yet compensated or settled in other way the real damage caused to the victim, the court shall impose such a duty on the convict. 3. Conditional early release may be applied only if the convict has actually served: (1) not less than one third of a punishment imposed for a crime of minor or medium gravity; (2) not less than half of a punishment imposed for a grave crime; (3) not less than two third of a punishment imposed for a particularly grave crime other than the crimes provided for in point 4 of this part, as well as of a punishment imposed on a person having previously benefited from conditional early release (where the conditional early release has been cancelled on grounds provided for in part 6 of this Article). (4) not less than three quarter of a punishment imposed for crimes provided for in part 2 of Article 104, part 3 of Article 138, part 3 of Article 139, part 3 of Article 175, parts 2 and 3 of Article 217, part 3 of Article 218, parts 2 and 3 of Article 221, part 1 of Article 222, part 3 of