Probation (CGTİHK no. 5275 art.105/A)

CGTİHK no. 5275 art.105/A regulates the probation measure at the execution stage. After serving a certain part of the sentence, the convict may be transferred to "open prison" and then to "probation" regime.

Probation Periods

• Period between 6 months and 3 years, depending on the total penalty amount.
• It usually comes into effect "3 years" before the convict's conditional release (up to date according to law changes).
• Special regulations for juvenile convicts.

Liabilities

• Periodic notification: Application to the Directorate 1-4 times a month.
• Electronic clamp: In certain cases.
• Education/work programme: Social integration.
• Testing obligation: In drug/alcohol cases.
• Prohibition to go to a certain place: Not to approach the victim, etc.
• Address and contact update.

Work Permit

The convict under probation can continue his working life; The situation is reported to the employer. This process is critical in the prisoner's community reintegration:

• Protection of family income.
• Social skills and psychological recovery.
• Reduced risk of recidivism.

Incompatibility — Consequences

• Violation of notification obligation → warning.
• Repeated violations → probation is removed.
• Commission of a new intentional crime → return to a closed prison.
• Positive substance testing (case by case) → change of regimen.

Open Prison vs Probation

• Open prison: Lighter regime than closed prison, opportunity to work; but still in-house.
• Probation: Completely outside; periodic notification and clamping.
• The two are applied sequentially: Closed → Open → Probation → Conditional release.

Supreme Court and Execution Judgeship — Established Approach

Execution judgeships and Supreme Court chambers adopt the fact that probation brings to the fore the "social integration purpose", that a single disruption cannot be considered sufficient for return, and that the convict's general adjustment picture is evaluated.

Duty of the Defender