Some Fundamental Issues Of The Institute Of Conditional Early Release From Serving The Punishment In The Criminal Law Of The Republic Of Armenia

The article refers to the institution of early release from serving the punishment, the legislation regulating it, in particular, the analysis of the legal norms defining the criteria for early release from serving the punishment, raising the problems hidden in them. Based on the recent policy of softening the criminal policy in the Republic of Armenia and transitioning to restorative justice based on the principle of humanity, as well as the fact of defining the resocialization of the person as the goal of punishment, the work emphasizes the importance of the institution of conditional early release both for the convict and for the state, as well as for the society. In particular, the article refers to the criteria for evaluating the convict's proper behavior and the probability of committing a new crime, the reports prepared for the evaluation of these criteria, the evaluation of the reports with points and the consideration of the expediency of paroling the convict from serving the punishment as a result of their evaluation. As a result of the conducted research, the author proposes possible options aimed at improving the application of the institution of parole from serving the punishment, which will make the application of the institution under discussion easier and more effective in practice thus guaranteeing the fundamental rights of people, including convicts, and contributing to the return of people deprived of their freedom to society and becoming its full members, while the bodies that prepare the reports and evaluate them will have the opportunity, as a result of the assessment of realistic, simple and clear criteria, to prepare even more argued and substantiated reports, which will be based not only on the information in the documents, but also on the direct contact with the convict on his mental state, social status and on the examination of the circumstances of his readiness to return to the society. In the article the author separately analyzes each criterion necessary for parole from serving the punishment and an appropriate observation is presented for the evaluation of each of these criteria.