When a prison sentence has become final following criminal proceedings, the questions of when it will begin, how much of it will be spent in a closed or open prison, and on which date the convict may be released fall within the scope of execution law. A sentence execution calculator is a tool used to anticipate, in advance, the questions that convicts and their relatives are most curious about during this process — namely the conditional release and probation dates. Below, for information purposes, we examine the legal basis of execution, how the periods are calculated, the points to bear in mind, and the mistakes commonly made.
The Legal Basis of the Sentence Execution Calculation
The execution of sentences is primarily regulated by Law No. 5275 on the Execution of Penalties and Security Measures. Conditional release ratios, probation periods, and the conditions for transfer to an open prison are set out in this Law and the related regulations. Execution is based on a final court judgment; for this reason, execution procedures do not begin to run until a sentence has become final. Execution proceedings are carried out by the public prosecutor for the execution of sentences at the location of the court that rendered the judgment, and disputes concerning the periods are resolved before the execution judgeship.
An important point is which period of legislation the date of the offence falls within. The execution ratios have been amended over time; in particular, the 2020 amendments changed the conditional release ratios for certain offences. For this reason, the execution timetable of two people who receive the same length of sentence may differ depending on the type of offence and the date of the offence.
How Is Conditional Release Calculated?
Conditional release is the institution that allows a convict who serves a portion of their sentence set out in the law with good conduct to complete the remaining part outside prison, subject to certain conditions. As a general rule, for fixed-term prison sentences, conditional release requires that a certain proportion of the sentence has been served in a penal institution.
- General ratio: For most offences, apart from the exceptions provided in the law, serving half of the sentence in a penal institution is taken as the basis for conditional release.
- Exceptional offences: For certain offence types such as intentional killing, offences against sexual inviolability, drug trafficking, and terrorism offences, this ratio is higher (for example, two-thirds).
- Recidivism and special circumstances: For recidivists and in certain special situations the ratios are increased, and the probation period may be shortened.
In the calculation, the period that must be spent in a penal institution is first found by applying the conditional release ratio to the total sentence. Then, the period covered by the probation measure is deducted from this in order to anticipate the time that will actually be spent in the institution.
The Probation Period
Probation is where, a certain period before the conditional release date, the convict spends the remaining part of their sentence within the community while complying with certain obligations. In practice, if the convict meets the conditions for transfer to an open prison and for good conduct, they may benefit from probation for a certain period before the conditional release date.
The length of the probation period may vary according to legislative amendments and the date of the offence. Within this scope, measures such as an obligation to sign in, residence at a specific address, education, or work of public benefit may be imposed on the convict. Failure to comply with the obligations may lead to probation being revoked and the convict being returned to a closed institution.
Set-Off and Time Spent in Pre-Trial Detention
One of the items most often overlooked in an execution calculation is set-off. If a person was held in custody or pre-trial detention during the proceedings, these periods are deducted from their sentence. Likewise, periods during which they were deprived of their liberty for another reason may also be set off under certain conditions. Because each day that is set off shortens the term that will actually be executed, it is critically important for an accurate calculation.
Transfer to an Open Prison
When convicts meet the conditions set out in the law and regulations, they may be transferred from a closed prison to an open prison. An open prison is also the preliminary stage of transition to probation. The date of transfer to an open institution varies according to the length of the sentence, the type of offence, and the convict's situation. This date is also decisive for the probation and conditional release timetable.
Points to Bear in Mind
- Date of the offence: The date on which the offence was committed most often determines which execution regime will apply. An assessment of the more favourable law may change the outcome significantly.
- Multiple sentences: If a person has received sentences for more than one offence, execution is carried out according to the rules on aggregation and combination of sentences; sentences are not always simply added together.
- Judicial fine: Judicial fines that are converted into imprisonment or imposed alongside it are subject to a separate execution regime.
- Good conduct: The basic requirement for benefiting from conditional release is displaying good conduct in the penal institution; disciplinary penalties affect this assessment.
Commonly Made Mistakes
- Relying on a single ratio: Generalisations such as "you serve half of the sentence" do not apply to every offence; for exceptional offences the ratio is higher.
- Failing to take detention into account: A calculation made without setting off periods of pre-trial detention/custody shows the actual release date incorrectly.
- Using old ratios: Calculations made with old ratios without taking legislative amendments into account are misleading.
- Calculating on a non-final judgment: Execution only proceeds once the judgment has become final; no definite date can be produced for a sentence at the appeal/cassation stage.
An Example Scenario
Suppose a person has received a 6-year prison sentence for an offence to which the conditional release ratio of one-half applies, and the judgment has become final. Based on the general ratio, half of the sentence — that is, a 3-year portion — is taken as the basis to be spent in a penal institution. When the probation period is deducted from this, the time the convict will actually spend in a closed institution is shortened even further. If the person was held in pre-trial detention for some time during the proceedings, this period is also set off against the sentence and the timetable is brought forward. As can be seen, a realistic estimate is obtained not from a single number, but by assessing the type of offence, the ratio, the set-off, and probation together.
Conclusion
A sentence execution calculator provides a strong forecast of how the process may unfold; however, every case has its own particular details. The type of offence, the date of the offence, the amount of the sentence, the periods to be set off, and the disciplinary situation can change the outcome. For this reason, the results here should be seen not as a binding legal conclusion but as an initial assessment. For a concrete and definite execution timetable, having your file assessed by a criminal lawyer is the soundest course.