On the possibility for citizens of EU member states to serve their parole in their own country
In this blog! I decided to tell my colleagues about a unique legal mechanism that opens up new horizons for citizens of European Union member states who are serving sentences. This mechanism allows! under certain How EU citizens conditions! to complete the sentence in their home country.
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At first glance! the topic may seem highly specialized and uninteresting for Ukrainian human rights defenders! but it concerns basic human rights: the right to rehabilitation! integration into society! and a return to a dignified life. And after all!.. Therefore! comparing the Ukrainian system of conditional early release (PE) with the mechanisms operating in the European Union allows us to see how different legal cultures solve the same problems. In Ukraine! PE is regulated by the Criminal How EU citizens Code of Ukraine (Articles 81! 82)! while in the EU! for example! Law 23/2014 on mutual recognition of criminal convictions is applied .
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The problem of the question
Migration and globalization have led to a significant increase in the number of foreign nationals in European prisons. But what happens when a foreign national faces the prospect of parole? How can the data interpretation and improvement balance between the demands of justice! effective rehabilitation! and human rights be restored?
The EU has an instrument to address this dilemma: Law 23/2014 of 20 November on the mutual recognition of criminal convictions in the European Union (hereinafter referred to as the LRM). In the context of conditional release! the LRM allows an EU citizen to complete his probationary period in a country other than the one where the sentence was passed.
This procedure looks attractive on paper! but! as practice shows! its implementation is much more difficult.
What is a probationary period?
Parole (PR) means that a convicted person remains free subject to certain restrictions and obligations. According to Article 93 of the LRM! a person may serve a PR in their home country provided that the following requirements are met:
Finality of the court decision on probation. The ao lists probation period begins only after the final decision of the court of the country that issued the sentence.