{"id":2493,"date":"2026-05-29T03:23:28","date_gmt":"2026-05-29T00:23:28","guid":{"rendered":"https:\/\/svaroglaw.com\/kryminalne-pravo\/umovno-dostrokove-zvilnennya\/"},"modified":"2026-09-14T19:01:05","modified_gmt":"2026-09-14T16:01:05","slug":"umovno-dostrokove-zvilnennya","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/kryminalne-pravo\/umovno-dostrokove-zvilnennya\/","title":{"rendered":"Conditional early release"},"content":{"rendered":"

Parole is a court decision made on two conditions at once: the prisoner has served the minimum part of the sentence<\/strong> and has proved their rehabilitation<\/strong> (Art. 81 of the Criminal Code). The first is a matter of the calendar; the second has to be evidenced, and it is on the second that most applications fail.<\/p>\n

Having no disciplinary sanctions does not by itself prove rehabilitation. The court weighs everything together: attitude to work and study, participation in rehabilitation programmes, attitude to the offence, compensation paid to the victim, whether there is housing and a job after release, and the family\u2019s support.<\/p>\n

The lawyer gathers the evidence of rehabilitation, works with the prison administration on the character reference, and prepares the file so the court has something to rely on. There are no \u201carrangements\u201d here: there is a calculation of the sentence, a preparation plan and a set of documents.<\/p>\n

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

How much must be served<\/h2>\n

The minimum part depends on the gravity of the offence (Art. 81(3)):<\/p>\n

\n\n\n\n\n\n
Category<\/th>\nMust be served<\/th>\n<\/tr>\n
A criminal misdemeanour, a less serious offence, a serious offence committed negligently<\/td>\nat least 1\/2<\/strong> of the sentence<\/td>\n<\/tr>\n
An intentional serious offence; a particularly serious offence committed negligently; and the case of someone who previously served a prison sentence for an intentional offence and, before the conviction was spent, again committed an intentional offence carrying imprisonment<\/td>\nat least 2\/3<\/strong> of the sentence<\/td>\n<\/tr>\n
An intentional particularly serious offence; a new intentional offence committed during the unserved part of a sentence after an earlier parole<\/td>\nat least 3\/4<\/strong> of the sentence<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/div>\n
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Serving the minimum part only gives the right to apply<\/strong>. The court can refuse even after 3\/4 of the sentence if rehabilitation is not proved. Time spent on remand counts towards the sentence day for day (Art. 72).<\/p><\/div><\/div>\n

\"Parole:<\/a><\/p>\n

Substituting a lighter punishment for the unserved part<\/h2>\n

This tool is often forgotten, yet it works where parole is not yet available.<\/p>\n

Art. 82 CC<\/b>The court may replace the unserved part of a sentence with a lighter punishment<\/strong>, and the right to ask arises earlier<\/strong> than the right to parole: after at least 1\/3, 1\/2 or 2\/3 of the sentence for the same three categories. Someone sentenced for an intentional serious offence can ask for substitution after half the sentence, but for parole only after two thirds. It is often an intermediate step: substitution first, then release from the lighter punishment.<\/span><\/div>\n

If parole has been refused, this route is worth considering. It is less drastic from the court\u2019s point of view, because the person remains under punishment, and such applications are granted more often.<\/p>\n

What proves rehabilitation<\/h2>\n

The court decides on the papers. What works is:<\/p>\n

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Evidence of rehabilitation<\/h3>\n\t\t\t<\/div>\n\t\t\t\n\t\t\t