(1) Release from criminal penalty means the release of the person who has committed a criminal offence from the actual execution, in whole or in part, of the criminal penalty pronounced by decision of the court.

2) Release from criminal punishment shall be effected by:

a) a conditional suspended sentence (probation);

b) conditional release before the end of the term;

b.1) release from punishment in the case of a first-time offence and reparation of damage;

c) replacement of the unexecuted part of the sentence by a lighter sentence;

d) release of minors from punishment;

e) release from punishment on account of a change of circumstances;

f) release of seriously ill persons from serving their sentence;

g) postponement of serving the sentence for pregnant women and persons with children up to 8 years of age.

(3) Persons released from criminal punishment shall be subject to probation and military personnel to trial-period.

(1) If, when determining the sentence of imprisonment for a term not exceeding 5 years for crimes committed with intent and not exceeding 7 years for crimes committed recklessly, the court, taking into account the circumstances of the case and the person of the offender, concludes that it is unreasonable for him to serve the sentence imposed, it may order the conditional suspension of the execution of the sentence imposed on the offender, stating in the decision the reasons for the suspended sentence and the probation period or, where appropriate, the trial-period. In such a case, the court shall order that the sentence imposed shall not be enforced if, during the probation period or, as the case may be, the probation period it has set, the convicted person does not commit a new offence and, by complying with the conditions of probation or, as the case may be, the probation period, he will justify the trust placed in him. The conduct of those sentenced to probation shall be supervised by the competent authorities and the conduct of the military personnel shall be supervised by the military command concerned.

(2) The period of probation or, as the case may be, the trial-period shall be determined by the court within the limits of 1 to 5 years.

(3) (Repealed)

(4) Probation shall not be applied to persons who have committed particularly grave or extremely grave offences or in cases of dangerous or particularly dangerous recidivism.

(5) In the case of a conditional sentence, additional penalties may be imposed.

(6) By applying the conditional sentence, the court may oblige the sentenced person:

a) not to change his place of residence and/or domicile without the permission of the competent authority;

b) not to visit certain places;

c) to undergo treatment for alcoholism, drug addiction or substance abuse, or venereal disease;

c.1) to participate in a special treatment or counselling programme to reduce violent behaviour;

d) to provide material support to the victim's family;

e) make reparation for the damage caused within the time limit set by the court;

f) to participate in probation programmes;

g) to perform unpaid community service;

h) be subject to electronic monitoring for a period not exceeding 12 months.

(7) During the probation period or, as the case may be, the trial-period, the court, at the request of the body exercising control over the conduct of the person sentenced to probation, may cancel, in whole or in part, the obligations previously imposed on the sentenced person or add new ones.

(8) If, after the expiry of at least half of the probation period or, as the case may be, the trial period, the probationer has behaved correctly and in an exemplary manner and has fully repaired the damage, the court, at the request of the body exercising control over the conduct of the probationer, may issue a decision on the annulment of the conviction and the expiry of the criminal record.

(8.1) If the person sentenced with conditional sentence has also been sentenced to a supplementary penalty, the provisions of paragraph (8) shall not apply until the supplementary penalty has been served in full.

(9) If, during the probationary period or the trial-period, the probationer systematically breaches the obligations imposed, or before the expiry of the probationary period or the trial-period, maliciously fails to repair the damage caused, the court may, on the proposal of the authority supervising the probationer's conduct, decide to cancel the probation and send the probationer to serve, in whole or in part, but not less than one-third of the sentence determined by the court decision.

(10) If the person sentenced to probation commits during the probation period or, as the case may be, the trial-period a new intentional offence, the court shall impose a sentence in accordance with Article 85, if, as the case may be, the provisions of paragraph (11) of this Article.

(11) If the person sentenced to probation commits during the probationary period or, as the case may be, the trial-period, a less serious intentional or reckless offence, the question of whether or not the suspended sentence should be revoked or maintained shall be decided by the court on the proposal of the body supervising the conduct of the person sentenced to probation.

(1) If the court, taking into account the circumstances of the case and the personality of the offender, comes to the conclusion that it is not reasonable for the offender to serve the full term of imprisonment in prison, it may order partial suspension of the execution of the sentence imposed on the offender, stating in the judgment the period of execution of the sentence in prison and the probation period or, where applicable, the trail-period, as well as the reasons for the sentence with partial suspension of the execution of the sentence. The first part of the sentence shall be served in prison and the the remaining part of the sentence shall be suspended.

(2) In the case of minor or less serious offences, the part of the sentence to be served in the penitentiary may be reduced to the minimum provided for in this Code.

(3) In the case of serious offences, the part of the sentence to be served in prison shall not be less than half of the sentence determined by the court.

(4) This Article shall not apply to particularly serious and exceptionally serious offences, as well as offences referred to in Article 165, Article 166.1 paragraphs (2) to (4), Articles 171 to 175.1, 201.1, 206, 208, 208.1 and 208.2.

(5) When the person is released for the execution of the part of the suspended sentence, the obligations referred to in Article 90 (6) may be applied.

(6) If the person sentenced with partial suspension of the execution of the imprisonment sentence commits during the probation period or, as the case may be, during the trial-period a new intentional crime or systematically violates the established obligations, the court shall impose a punishment under Article 85 if, as the case may be, the provisions of para. (7) of this Article may not be applied.

(7) If the person sentenced with partial suspension of the execution of the prison sentence commits during the probation period or, as the case may be, during the trial-period a reckless or intentional minor offence or a medium gravity offence, the question of cancellation or maintenance of the sentence with partial suspension of the execution of the prison  sentence shall be resolved by the court, upon the request of the body which supervises the conduct of such convicted persons.

(1) A person serving a sentence of imprisonment may be granted early parole if he or she has completed the individual programme for the execution of the sentence, has fully repaired the damage caused by the offence for which he or she was convicted, unless he or she proves that he or she had no possibility to do so, and if it is found that correction is possible without full execution of the sentence. The person may also be released, in whole or in part, from the additional penalty.

(2) By applying the conditional release from punishment before the term, the court may oblige the convicted person to fulfil the obligations referred to in Article 90 paragraph (6) within the remaining unexpired term of punishment.

(3) Early conditional release shall be applied to the convicted person by the court of the place of execution of the sentence, based on the request of the institution enforcing the sentence, at the request of the convicted person or his defence counsel under the conditions provided for in Articles 266 and 267 of the Enforcement Code and only after the established extrajudicial procedure has been followed.

(4) The conditional release from punishment before the term may be applied if the convicted person, who at the time of the offence has reached the age of 21 years, has actually served:

a) at least half, but not less than 90 days, of the term of imprisonment prescribed for the commission of a minor or less serious offence;

b) at least two thirds of the term of imprisonment imposed for the commission of a serious offence, a particularly serious offence or an exceptionally serious offence, as well as of the sentence imposed on the person previously released on parole before the expiry of the term, if the release on parole before the expiry of the term has been revoked in accordance with paragraph (8).

(5) A person serving a sentence of life imprisonment may be released on parole if the court finds that further serving of the sentence is no longer necessary and if the person has actually served at least 30 years of imprisonment without taking into account the privileged compensation for days of work.

(6) Early release on parole may be applied to minors, persons who have reached the age of 18 but have not reached the age of 21 and persons who have reached the age of 60, if they have actually served:

a) at least one third of the term of imprisonment prescribed for the commission of a minor or less serious offence;

b) at least half of the term of imprisonment for a serious offence;

c) at least two thirds of the term of imprisonment for a particularly serious or exceptionally serious offence.

(7) Control over the conduct of those released on probation before the end of their sentence shall be exercised by the probation authorities, and over the conduct of military personnel - by the military command concerned.

(8) If, during the unexpired term of the sentence:

a) the convicted person wilfully evades from fulfilling the obligations set by the court when applying the early release on parole, the court, on the proposal of the body indicated in paragraph (7), may issue a ruling on cancelling the the early release on parole and sending the convicted person to serve the unexpired term of the sentence;

b) the sentenced person commits a new offence unintentionally, the court shall decide whether to revoke or uphold the early release on parole;

c) the convicted person commits a new offence intentionally, the court shall impose the sentence in accordance with Article 85. In the same way, the sentence shall be imposed in the case of a new offence committed recklessly if the court cancels the early release on parole.

(1) A person shall be released from criminal punishment in case of committing an offence referred to in Articles 241, 242, 244, 244.1, 246, 246.1, 250, 257, 258 and 262 of the Special Part of this Code if the following conditions are cumulatively met:

a) has not been previously released from criminal punishment for committing the same offence;

b) has removed the violations and repaired the damage caused by the offence;

c) has paid to the state budget an amount equal to the amount of the material damage caused, but not less than twice the maximum limit of the fine provided for in the corresponding article of the Special Part of the Code.

(2) The person shall be released from criminal punishment under paragraph (1) only if the act was not committed by physical or mental coercion, did not result in causing harm to life and health of the person or was not committed by an organized criminal group or criminal organization.

(1) In respect of persons serving a sentence of imprisonment for the commission of a minor or less serious and serious offence, the court, taking into account their conduct during the execution of the sentence, may issue a decision on the replacement of the unexecuted part of the sentence by a lighter sentence. At the same time, the person may be released, in whole or in part, from the additional penalty.

(2) The replacement of the unexecuted part of the sentence by a more lenient penalty may be applied only after the sentenced person has actually served at least one third of the term of the sentence for a minor or less serious offence and half of the term of the sentence for a serious offence.

(3) When replacing the unexecuted part of the sentence by a lighter sentence, the court may choose any lighter sentence provided for in Article 62, within the limits laid down for each type of penalty.

(4) When replacing the unexecuted part of the sentence by a more lenient sentence, the court may oblige the convicted person to fulfil the obligations provided for in Article 90 paragraph (6) within the term of the sentence, to which he was sentenced, remaining unexecuted.

Minors convicted of a minor offence, less serious or serious offence shall be released from punishment by the court if it is established that the aims of the punishment can be achieved through the application of compulsory measures of an educational nature as provided for in article 104.

A person who has committed a minor or less serious offence may be released from punishment if it is established that, at the time of the trial, due to a change in the situation, the offence committed has lost its harmful character and, by virtue of irreproachable conduct after the offence was committed, the person may be corrected without serving the sentence.

(1) A person who, while serving his sentence, has fallen ill with a mental illness which deprives him of the possibility of being aware of his actions or of directing them, shall be released from serving his sentence. The court may apply medical restraint measures to this person.

(2) A person who, prior to sentencing or during the execution of the sentence, has fallen ill with a serious illness, other than that specified in paragraph (1), which prevents the execution of the sentence, may be released from the execution of the sentence by the court.

(3) (Repealed)

(4) The persons referred to in paragraphs (1) and (2), in case of their recovery, may be subject to punishment if the limitation periods referred to in Articles 60 and 97 have not expired. The change of the conditional release of the persons referred to in paragraphs 1 and 2 to serving the sentence in prison shall be made at the request of the representative of the body enforcing the sentence, on the basis of a check carried out at least once every 12 months.

(1) To convicted pregnant women and persons who have children up to the age of 8 years, with the exception of those sentenced to imprisonment for a term exceeding 5 years for serious, particularly serious and exceptionally serious offences, offences referred to in Chap. I, II, III, VII, VIII, XIII and XVII, the court may postpone the execution of the sentence until the child reaches the age of 8 years.

(1.1) When the execution of the sentence is deferred under the conditions of paragraph. (1) of this Article, the court may oblige the sentenced person to fulfil the obligations provided for in Article 90 (1) of this Article. (6).

(2) If the convicted person referred to in paragraph (1) refuses to fulfil parental rights and obligations or violates the conditions of probation after being warned by the authority that supervises the behaviour of the convicted person whose sentence has been suspended, the court may, upon the proposal of this authority, revoke the suspension and send the convicted person to serve the sentence to the place determined by the court decision.

(3) When the child reaches the age of 8 years, the court, at the request of the probation officer:

a) release the sentenced person from the execution of the unexecuted part of the sentence;

b) replace the unexecuted part of the sentence by a more lenient sentence;

c) send the sentenced person to the appropriate institution to serve the unexecuted part of the sentence.

(4) If the sentenced person commits a new criminal offence during the period of deferment of execution of the sentence, the court shall impose a sentence in accordance with Article 85.

If a person who is being considered for exemption from punishment under Sections 91-96 is ill with tuberculosis, the court may, on the basis of a request from the prison administration, order compulsory placement in a phytiziopneumologic institution care facility.

(1) A sentence of conviction shall not be enforced unlessf it has not been executed within the following time limits from the date of its entry into force:

a) 2 years, in the case of conviction for a minor offence;

b) 6 years in the case of a conviction for a less serious offence;

c) 10 years in the case of a conviction for a serious offence;

d) 15 years in the case of a conviction for a particularly serious offence;

e) 20 years in the case of conviction for an exceptionally serious offence

(2) The limitation periods for the execution of the sentence shall be reduced by half for persons who were minors at the time of the commission of the offence.

(3) The limitation period shall be interrupted if the person evades the execution of the sentence or if, before the expiry of the periods provided for in paragraphs (1) and (2), he or she commits a new offence with intent. In the case of evasion of execution of the sentence, the limitation period shall begin to run from the moment of the person's presentation for execution of the sentence or from the moment of his detention, and in the case of the commission of a new offence - from the moment of its commission.

(4) The limitations period shall not remove the execution of the principal penalties established for crimes against peace and security of mankind or for war crimes, provided for in Articles 135-137, 139 and 143.