Условни отпуст у европском кривичном праву
Condition Release in the European Criminal Law

Summary/Abstract: In contemporary criminal law, a prison sentence is the basic and the most important type of criminal sanctions to be imposed on criminal acts perpetrators in order to prevent and combat crime. However, next to an unconditional prison sentence, all criminal legislation also recognize the different modalities of its imposition or execution. These are different forms of substitute or alternative in cases where unconditional detention is unnecessary. Thus, we can distinguish a full or a partial suspension of the prison sentence or some other kind of punishment. In the first case, it is about the suspended sentence. The second partial suspension form is called a conditional release. The conditional release is a partial suspension of prison sentence under certain conditions and for a defined period, but only after the convicted person has already served the sentence partially. For granting the conditional release is also necessary to fulfil cumulatively prescribed conditions through which it assesses whether and to what degree is earned special prevention of the convicted person in the sense of re-education and re-socialization. A prerequisite for the implementation of these measures is the fulfilment of the formal requirements -in terms of type and prison sentence duration, or material conditions - assessment of the court that the application of penalties in case of concrete is unnecessary because the goals (purpose) of punishment can be achieved without the effective enforcement of prison sentences in the whole or in part. This paper is about the concept, characteristics, conditions and methods of implementation of these forms of prison sentence suspension in the modern European criminal law.

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