Conditional release and penal policy

This paper deals with the concept of conditional release, for which, although it has existed in criminal legislation since the 19th century, there are disagreements on some issues, from the question whether it is a criminal or penal concept, which law should regulate it, and the like. In the paper, the authors discuss the legal nature of conditional release, its purpose and impact on penal policy. The authors then deal with the issue of requirements and conditions for granting conditional release, as well as, perhaps, the most important issue - who should be entrusted with deciding on conditional release. Furthermore, there are two models of conditional release in comparative law, depending on the entity decides on it - judicial and administrative, and the authors list the advantages and disadvantages of both. The largest part of the paper is dedicated to conditional release in Montenegrin legislation.