CONDITIONAL RELEASE (PAROLE) IN THE SYSTEM OF EXECUTION OF SANCTIONS IN THE REPUBLIC OF MACEDONIA

: IS IT IN ACCORDANCE WITH THE RECOMMENDATION REC (2003) 22 ON CONDITIONAL RELEASE (PAROLE)?

Abstract

The author considers the Macedonian legal regime on
conditional release and compares it with the principles of the
Recommendation Rec(2003)22 on conditional release (parole) and the
Appendix to Recommendation Rec(2003)22. The author argues that
the Macedonian parole system needs certain improvements, especially
regarding procedural safeguards in the decision-making process. In a
separate chapter, the author of the paper analyses the data on the
requests and proposals submitted by the directors of penitentiary
institutions for conditional release and their acceptance and refusals
in the Republic of Macedonia. According to the data on application of
the conditional release (parole) in our penitentiary practice, the
author concludes that it is very rarely imposed. In cases where the
request is accepted, the parole is usually granted to prisoners
sentenced to short sentences and it is mostly approved for up to 3
months. Hence, it turns out that the main objective of the institute
conditional release is not realized. This main objective is to motivate
inmates to engage actively in their own re-socialization process, to
stimulate exemplary behaviour and to participate actively in the work
engagement in the institution. The data prove that conditional release
should be monitored and studied further in terms of its application for
special categories of inmates and types of crimes. The study should
facilitate setting criteria ensuring wider application of this institute.