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4 Iustinianus Primus L. Rev. 1 (2013)

handle is hein.journals/iusplr4 and id is 1 raw text is: 






Aleksandra  Gruevska-Drakulevski,  PhD
Assistant Professor
Faculty of Law lustinianus Primus in Skopje



  CONDITIONAL RELEASE (PAROLE) IN THE SYSTEM OF
     EXECUTION OF SANCTIONS IN THE REPUBLIC OF
     MACEDONIA: IS IT IN ACCORDANCE WITH THE
   RECOMMENDATION REC (2003) 22 ON CONDITIONAL
                     RELEASE (PAROLE)?



        Abstract

        The  author considers  the Macedonian   legal regime  on
conditional release and  compares  it with the principles of the
Recommendation  Rec(2003)22  on conditional release (parole) and the
Appendix  to Recommendation  Rec(2003)22. The author argues that
the Macedonian parole system needs certain improvements, especially
regarding procedural safeguards in the decision-making process. In a
separate chapter, the author of the paper analyses the data on the
requests and proposals  submitted by the directors of penitentiary
institutions for conditional release and their acceptance and refusals
in the Republic ofMacedonia. According to the data on application of
the conditional release (parole) in our penitentiary practice, the
author concludes that it is very rarely imposed. In cases where the
request  is accepted, the parole is usually granted to prisoners
sentenced to short sentences and it is mostly approved for up to 3
months. Hence,  it turns out that the main objective qf the institute
conditional release is not realized. This main objective is to motivate
inmates to engage actively in their own re-socialization process, to
stimulate exemplary behaviour and to participate actively in the work
engagement  in the institution. The data prove that conditional release
should be monitored and studied further in terms of its application for
special categories of inmates and types of crimes. The study should
facilitate setting criteria ensuring wider application of this institute.


        Key  words:  conditional release, parole, prison sentence,
principles, procedural safeguards, revocation, re-offending.



        Introduction


        In the Republic of Macedonia  there are four grounds for
releasing prisoners from prison after serving a prison  sentence,
namely, 1. after he/she has served the entire sentence, 2. upon decision
for remission of the rest of the sentence by an act of a competent
authority (an act of  amnesty or  pardon), 3. under decision for


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