Conditional Release in Lithuania and Poland: Comparative Analysis

The article offers analysis of the legal framework of the institute of conditional release in Lithuania and Poland. In both countries, conditional release is considered a probationary measure to regulate prison overcrowding and promote effective social readaptation of convicts. The authors explore the concept of the conditional release at the international and national levels, reveal the content of the formal and substantive grounds of conditional release, and examine the similarities and differences in legal regulation of conditional release in Lithuania and Poland. In addition, the conditional release application statistics in Lithuania and Poland are compared. The authors argue that, despite their high prison population rates, Lithuania and Poland are reluctant to use some of the probation instruments, allowing for an early release of detainees, such as the conditional release. Moreover, the policies of Poland and Lithuania regarding this institute’s legislative regulation and criminal application seem insufficiently in line with international standards.