Conditional early release, often called parole, lets a convicted person leave the penitentiary institution before the end of the sentence and spend the rest of the term under supervision. In Armenia the court decides. An early release lawyer prepares the application, collects the documents and represents the person at the hearing.
How the court decides on early release in Armenia
The court assesses whether the person can live in freedom without committing new crimes. It looks at:
- conduct during the sentence, rewards and disciplinary penalties;
- work, study and participation in programs of the institution;
- the attitude to the crime and to the victim;
- compensation of the harm;
- the characterization from the institution;
- the assessment of the probation service;
- the plan after release: a home, a job, support from the family.
At the hearing the convicted person can speak. The advocate prepares him in advance for the court’s questions about the crime, the victim and his plans after release.
Replacing the rest of the sentence with a milder punishment
Another option is to ask the court to replace the unserved part of the sentence with a milder type of punishment. The person leaves the institution and serves the rest of the term in the form that the court sets. The advocate checks which option fits the case and the time served.
The role of the probation service
The probation service takes part in the process. It assesses the risks and the needs of the convicted person, and its opinion goes to the court. After release, the person is under the supervision of the probation service for the unserved part of the term. He must keep the conditions that the court sets, for example to live at a fixed address and to report when called. After serious or repeated violations, the court can cancel the early release.
Documents for the application
- the verdict and the decisions of the higher courts;
- the characterization from the institution;
- documents on rewards, work and study in the institution;
- receipts and agreements on compensation to the victim;
- a letter from an employer who is ready to hire the person;
- documents on housing;
- documents on the family: children, sick parents, other dependants;
- medical documents, if the person’s health is poor.
Where the family can start
- Get copies of the verdict and the higher court decisions if you do not have them.
- Ask the advocate to calculate the date from which the application can be filed.
- Start to collect the documents some months before that date. An employer’s letter and housing documents take time.
- Stay in contact with the convicted person. The court takes family support into account.
- Explain to your relative that each disciplinary penalty in the institution reduces the chances.
Pardon
A pardon is granted by the President of the Republic. The request is personal. It must state the facts: the crime, the time served, the conduct, the family situation and health. The advocate helps to write the request and to collect the documents. A pardon is at the discretion of the state, and no one can predict the result.
If the court refuses
The refusal can be appealed. The appeals page describes the work of the higher courts. The decision also shows what was missing, for example a job offer or compensation to the victim. A new application can be filed after the period that the law sets. The advocate studies each reason for the refusal and prepares the new application so that it closes every gap the court named.
How advocate Marukyan helps
Advocate Mnatsakan Marukyan is a member of the Chamber of Advocates of the Republic of Armenia (license №2550) and practices criminal defense only. On early release he:
- calculates when the person can apply;
- meets the client in the institution;
- collects the documents together with the family;
- prepares the application and argues at the hearing;
- appeals a refusal;
- prepares a pardon request.
He works in Armenian, Russian and English. The first consultation is free. The office is at Athens street 3/3, Yerevan.
Call +374 91 403961, or write on WhatsApp or Telegram. Advocate Marukyan is available 24/7 for arrests and searches.