Conditional release. Particular issues

  • Andreea Daniela Năstasie Faculty of Law, Babeș-Bolyai University, Cluj-Napoca
Keywords: conditional release, criteria for granting conditional release, reduction of the period of detention, compensatory mechanism, inappropriate detention conditions, cancellation of conditional release


The regulation of conditional release from prison, both by provisions of criminal procedure law, as well as by criminal law norms on the execution of punishments, raises various problems in the judicial practice. There are numerous inaccuracies regarding the correlation of legal regulations and several reconfigurations on account of the recent interpretations of the supreme court. This paper addresses issues concerning the proper understanding of the procedure of granting conditional release, the applicability of the compensatory mechanism for inappropriate detention conditions and the problematic hypotheses regarding the cancellation of conditional release.