III Kow 304/18
AI generated
Court dismisses early parole application where prisoner finishes sentence before parole order becomes final.
Legislator summary
AI generatedThe court declared the parole order issued on May 7, 2018, void and terminated the execution proceedings. The defendant, a 4-month prisoner, could complete his sentence before the parole decision became legally effective, rendering the early release measure pointless. Consequently, the court ruled that sanctioning the order was unfounded since the prisoner would finish his term sooner anyway.
Legislator headnote
AI generatedart. 15 § 1 k.k.w.; art. 24 § 1 k.k.w.: A conditional early release order must be revoked if the convicted person completes their sentence before the order becomes legally effective, thereby making the execution proceedings inadmissible.
Keywords
AI generated
conditional early release
termination of proceedings
completion of sentence
parole order invalidity
prison term calculation
Cited Legislation
AI generatedart. 15 § 1 k.k.w.
art. 24 § 1 k.k.w.
art. 24 § 1 k.k
Related Decisions
AI generatedII AKzw 10/22
Appeal court denied conditional early release due to unaddressed addiction and lack of genuine behavioral improvement.
II AKzw 6/15
Appeal court dismisses appeal against refusal of conditional release due to late filing by defense counsel.
III K 153/21
Court combined two prison sentences into a total of 9 years and 6 months due to recidivism.
II KK 453/25
Supreme Court quashes conditional early release order due to probation period expiration before appeal decision. Appeal decision invalid as it occurred after probation ended. Supreme Court dismisses appeal and terminates execution proceedings.