Conditional Release: an Analysis of Regulations and Case Law, with a Special Focus on the Situation in the Republic of Serbia

Igrački, Jasmina and Dečković, Samra and Ilić, Jovica (2025) Conditional Release: an Analysis of Regulations and Case Law, with a Special Focus on the Situation in the Republic of Serbia. Victimology, 12 (1). pp. 157-167. ISSN 2782-277X

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Abstract

One of the key mechanisms in modern penal systems, which allows the release of a convict before the expiration of the full prison sentence, provided that he meets certain conditions, as well as adheres to certain rules after release, is conditional release . The development of this institution is a response to the growing need for a balance between the protection of society from crime and the need for the rehabilitation of convicts in the community . It is also an opportunity for convicts to reintegrate into society under supervision, reducing the risk of recidivism . The aim of this paper is to investigate the regulations and standards governing conditional release, both internationally and in Serbia, to what extent the human rights of prisoners are respected during and after the conditional release process, and to draw on examples from case law . This includes the right to a fair trial when deciding on conditional release, the right to humane conditions during the sentence, as well as the right to rehabilitation and reintegration into society . These rights can often be jeopardized due to procedural shortcomings, prejudice or insufficient support for prisoners after release.

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