Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
(6) The court, in its conclusive decision, may provide that a perpetrator under paragraph (5)
may be released on parole, provided that by ordering probationary supervision and imposing
special rules of behaviour, the protection of the society can be ensured and the perpetrator can
be prevented from committing a new criminal offence, taking account of the degree of danger
to society posed by the personality of the perpetrator and of other sentencing factors.
(7) For the purposes of paragraph (5) b), a relative shall be construed to mean also a parent
of a child, former spouse, former cohabitant, custodian, an individual under the custodianship,
guardian and an individual under the guardianship of the perpetrator.
Section 39 (1) For fixed-term imprisonment, the period of parole shall be equal to the
remaining period of imprisonment, but at least one year. If section 38 (3) is applied, the court
may order in its conclusive decision that the period of parole be extended by at least one, but
no more than three years.
(2) If the remaining period of imprisonment is less than one year and its enforcement has
not been ordered, after the expiry of the period of parole, the sentence shall be deemed to be
served as of the last day of the remaining period.
Section 40 (1) The court shall terminate the parole if the convict is sentenced to
imprisonment to be served
a) during the period of parole, for a criminal offence committed after the conclusive
decision became final and binding, or
b) for a criminal offence committed during the period of parole.
(2) The court may terminate the parole if the convict is sentenced to a penalty other than
those specified in paragraph (1).
(3) If the parole is terminated, the period spent on parole shall not be credited to the period
of imprisonment.
(4) If a sentence of imprisonment is to be enforced against the convict during the period of
parole for a criminal offence committed before the previous conclusive decision became final
and binding, the enforcement of the sentence shall interrupt the period of parole, and the court
shall postpone the earliest date of resuming the parole
a) until the date of release on parole from the latter sentence of imprisonment, or
b) until the latter sentence of imprisonment is served if the possibility of release on parole
for that sentence of imprisonment is excluded.
Life imprisonment
Section 41 (1) Life imprisonment may be imposed only on persons who have attained the
age of twenty years when committing the criminal offence. This provision shall also apply to
life imprisonment imposed under section 90 (2).
(2) A sentence of life imprisonment shall be served in a high-security penal institution.
Release on parole from life imprisonment
Section 42 (1) If life imprisonment is imposed, the court shall specify in its conclusive
decision the earliest date of release on parole, or shall exclude the possibility of release on
parole.
Section 43 (1) If life imprisonment is imposed by the court without excluding the
possibility of release on parole, its earliest date shall be at least after twenty-five but not more
than forty years. The earliest date of release on parole shall be specified in years.
(2) If life imprisonment is imposed, the period of parole shall be at least fifteen years.
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