Parole

PAROLE


Specialised legal assistance

Parole

Parole allows a convicted person to be released from their sentence before serving the full term, typically after completing two-thirds of the total sentence. This release is subject to certain conditions, which the parolee must adhere to, such as regular supervision, employment, or treatment. The goal of parole is to provide the individual with an opportunity to rebuild their life in society and demonstrate that they can live lawfully outside prison.


It is important to note that parole is not granted automatically. The Danish Prison and Probation Service conducts an individual assessment to determine whether the convicted person is suitable for parole, making thorough preparation and documentation crucial in this process.


The Prison and Probation Service is required to consider parole once two-thirds of the sentence has been served. If parole is denied at this stage, the service must promptly refer the matter to the court for a decision.

Assessment of a parole application

When evaluating an application for parole, the Danish Prison and Probation Service considers several factors, including:


  • Behavior during incarceration: Has the convicted person followed the rules and demonstrated good conduct?
  • Risk of recidivism: Is there a likelihood that the convicted person will commit new crimes?
  • Plans after release: Does the convicted person have a concrete plan for employment, housing, and possibly treatment?
  • Support from a network: Is there a supportive network of family or friends who can help the convicted person reintegrate into society?


General rule for parole


According to Section 38 of the Penal Code, parole may be granted if the following conditions are met:


  • The inmate has served at least two-thirds of the sentence, but at least two months.
  • The inmate must be willing to comply with the conditions set for their release.
  • The Prison and Probation Service assesses that there is no significant risk of the inmate committing serious new crimes.

Additionally, the inmate must have demonstrated good behavior during incarceration, with emphasis placed on participation in education, work, or treatment programs in prison.


Special rules and exceptions


In exceptional cases, parole may be granted after serving half of the sentence if:


  • There are special circumstances, such as illness, age, or considerations related to family life.
  • The inmate has shown significant improvement or willingness to cooperate during incarceration.


Certain types of crimes, such as particularly serious offenses, may result in stricter requirements or completely exclude the possibility of parole.


Conditions during Parole


When an inmate is granted parole, the Prison and Probation Service sets specific conditions to be followed during the probation period. These may include:


  • Regular meetings with the Prison and Probation Service.
  • Residence requirement at a fixed address.
  • Employment or education requirements.
  • Treatment requirements for issues such as substance abuse or mental health disorders.


Violation of these conditions can result in the revocation of parole, and the inmate may be reincarcerated to serve the remainder of the sentence.


Free attorney 

You have the right to a free lawyer to represent you in court if your parole application is denied after serving two-thirds of the sentence.


Contact Us Today


Are you or a close relative ready to take the first step toward a fresh start? Contact Derch Advokater today for a non-binding consultation. Together, we can discuss your options and create a plan for parole.

SOME OF OUR SUCCES STORIES

Leave for Supervised Contact During Incarceration


With our legal expertise in family law, we initially ensured that a client with a 10-year sentence was granted supervised contact by the Family Court. However, the Danish Family Law Agency refused to travel to the prison to carry out the supervised contact, and the prison denied the client permission to leave. After several refusals, we successfully overturned the decision with the Danish Prison and Probation Agency, and the client was granted - as an extraordinary measure - leave for 8 consecutive weeks to carry out supervised contact at the Family Law Agency.


Inmate, Enner Mark Prison

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