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Part 1 General Provisions
Chapter 10 Parole
Article 77
If there is evidence of repentance during the execution of imprisonment, a parole may be granted upon application by the prison authority to the Ministry of Justice after twenty-five years of a sentence to life imprisonment or after one half of a sentence to imprisonment or after two-thirds of the imprisonment of for an recidivist has been served.
The provisions of the preceding paragraph shall not apply to the following circumstances:
1. The execution of a sentence to imprisonment has not been reached six months.
2. The recidivist of an offense that carries a principal punishment of minimal five-year imprisonment intentionally commits in five years after completing the execution of the punishment or after being pardoned after the execution of part of the punishment an offense that carries a minimum principal punishment of not less than five years.
3. The offender of the crime listed in Article 91-1 who, after being counseled or treated during the execution of the punishment, is founded through appraisal or evaluation as having not remarkably reduced the danger of repeating the offense.
The number of days of detention exceeds one year before the sentence to life imprisonment becomes definitive shall be taken into account in item 1.
Article 78
During the period of parole, if the offender has intentionally committed another crime for which he is sentenced to an imprisonment of more than six months by a final judgment, his parole shall be revoked.
During the period of parole, if the offender has intentionally committed another crime for which he is sentenced to probation or an imprisonment of less than six months by final judgment, and if it is necessary to execute the punishment of the imprisonment again, his parole may be revoked.
The revocation under the proceeding two paragraphs shall be rendered within six months after the judgment becomes final. However, this shall not apply if the period of parole has expired for three years.
The number of days spent out of prison after the revocation of a parole shall not be calculated as part of the period of the punishment of imprisonment.
Article 79
If a parole has not been revoked after twenty years of parole for the offenders of life imprisonment or during the remaining portion of sentence for the offenders of imprisonment, the unexecuted portion of the sentence shall be considered to have been executed; however, this shall not apply to a parole revoked in accordance to Paragraph 3 of Article 78.
The period served in execution of a punishment, detention, or other restriction on freedom for another crime during the period of parole shall not be included in the calculation of the period of parole. However, this shall not apply to the period of detention or other restriction on freedom made according to law before the final judgment of non-prosecution or acquittal is announced.
Article 79-1
In case of the execution of two or more imprisonment punishments, the minimum periods of execution provided for in Article 77 shall be combined in calculation.
If the combined execution is life imprisonment, provisions for the parole of life imprisonment shall apply. A parole may also be granted if the combined imprisonment exceeds forty years and the execution has been continually served more than twenty years. However, this shall not apply to a case prescribed in item 2 of paragraph 2 of Article 77.
A parole made in accordance with paragraph 1 of calculation of combined execution of punishment shall include the period provided for in paragraph 1 of the preceding article.
If the combined period exceeds twenty years, the provisions of paragraph 1 of the preceding article for parole of the punishment of life-imprisonment shall apply to it mutatis mutandis.
In the execution of the remaining portion of a prison sentence after the revocation of parole, execution of punishment for another offense shall start after the life imprisonment has been executed for twenty-five years and a imprisonment has been executed in full, and to this case the provisions for combined calculation of the period of execution provided for in paragraph 1 shall not apply.