Conditional Release and Good Conduct (CGTİHK No. 5275)

Law No. 5275 on the Execution of Penalties and Security Measures (CGTİHK) regulates the release of the convict through "conditional release" after serving a certain part of his sentence. This institution is the main tool for reintegrating the convict into society.

Conditional Release Rates

• General rate for term prison sentences: Release after execution of 1/2 of the sentence.
• For duplicates: 2/3.
• Certain serious crimes: Higher rates (terrorism 3/4, child abuse 2/3, etc.).
• Life sentence: 24 years after execution.
• Aggravated life imprisonment: 30 years after execution.

The Concept of "Good Conduct"

The behavior of the convict in prison is decisive for conditional release:

• Compliance with order.
• Work records.
• Educational participation.
• No disciplinary punishment.
• Expressions of regret.
• Participation in treatment/counseling programs.

Disciplinary Punishment and Its Effect

• Mild disciplinary penalties → time shift may occur.
• Severe disciplinary penalties (escape, physical assault) → denial/postponement of conditional release.
• Escape attempt → additional punishment and toughening of the execution regime.

Lehe Law Principle

The conditional release rate is applied according to the law at the time of the act. Subsequent adverse changes cannot be applied; However, favorable changes are applied in favor of the convict (Constitution Article 38).

Execution After Effective Repentance

In cases where effective remorse (TCK art. 168, art. 192, art. 221, art. 248, art. 254) is applied at the trial stage, the calculation is made from the reduced penalty.

Execution Judge - Duties and Authority

• Execution account control.
• Conditional release decision.
• Objection to disciplinary penalties.
• Requests for suspension of execution (health, social reasons).
• Other decisions regarding the execution of the sentence.

Supreme Court and Constitutional Court — Established Approach

The Supreme Court chambers and the Constitutional Court require that the execution calculation be made in accordance with the favorable law, that effective regret and other reductions are taken into account, and that the evaluation of good behavior be made with concrete records; Adopts that mere formal rejection may constitute a violation.

Post Parole Supervision

• The convict is under supervision for the remainder of his sentence.
• If he commits a new crime, conditional release is withdrawn; The remaining part of the sentence is executed.
• If compliance is observed during the supervision period, the remaining sentence is deemed to have been executed.

Unfair Account — Compensation

In case the execution calculation is made incorrectly and the convict remains unjustly detained, a lawsuit for compensation under CMK Article 141 may be filed.

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