- 33 - CDL-REF(2021)022 Article 266, part 3 of Article 269, part 1 of Article 299, Article 305, part 2 of Article 384, part 2 of Article 387, part 2 of Article 388, Article 389, parts 1 and 3 of Article 390, part 3 of Article 391, Articles 392, 393 and 394 of this Code. (5) in case of life imprisonment — not less than twenty years of imprisonment. 4. The actually served term of a punishment in the form of imprisonment and confinement in a disciplinary battalion may not be less than three months. 5. (part repealed by HO-62-N of 1 March 2017) 5.1. (part repealed by HO-332-N of 23 May 2018) 5.2. In case of taking a decision on conditional early release from serving the punishment, the court shall establish a probation period in the amount of the unserved part of the punishment during which the person is under the supervision of the competent body. 5.3. In case of taking a decision on conditional early release of a person sentenced to life imprisonment from serving the punishment, the court shall establish a probation period for a term of ten years. 6. Where, during the probation period, a convict: (1) maliciously evades fulfilling the duties imposed on him or her by the court at the time of conditional early release, the court shall, upon the motion of the body carrying out surveillance over the convict’s conduct, take a decision on cancelling the conditional early release and executing the unserved part of the punishment; (2) commits a negligent criminal offence, the issue of maintaining or cancelling the conditional early release shall be settled by the court; (3) commits an intentional criminal offence, the court shall impose a punishment on him or her under the rules provided for in Article 67 of this Code. Punishment shall be imposed under the same rules, where a negligent criminal offence has been committed, and the court cancels the conditional early release. 7. Where a person serving life imprisonment has committed a new intentional criminal offence for which imprisonment is imposed, the running of the term specified in point 5 of part 3 of this Article shall be suspended till the expiry of the term of the new punishment. (Article 76 supplemented by HO-26 of 5 November 2003, amended by HO-97-N of 9 June 2004, HO-33-N of 15 December 2005, HO-68-N of 25 May 2006, HO-119-N of 1 June 2006, HO-275-N of 28 November 2007, supplemented by HO-69-N of 1 March 2011, edited, supplemented, amended by HO-62-N of 1 March 2017, amended by HO-332-N of 23 May 2018) Article 77. Replacing the unserved part of a punishment by a milder punishment 1. The court may replace the unserved part of the punishment of a person serving imprisonment for a crime of minor or medium gravity by a milder form of punishment, taking into account the circumstances provided for in parts 1.1 and 1.2 of Article 76 of this Code and