The Slovenian system of conditional release (parole) in light of recent trends in the field

Abstract

Conditional release (parole) has been rather overlooked by Slovenian academics, despite it being an important instrument that serves principled and pragmatic purposes alike. On the one hand, it is a basic rehabilitative instrument; on the other, it is a means by which it is possible to tackle the increasing overcrowding in (Slovenian) prisons. The Slovenian system of conditional release has remained almost unchanged for decades, despite the fact that it is plagued with significant procedural and other flaws. The administrative model of the execution of sentences, to which the Slovenian system adheres, is a crucial determinant in questions of conditional release. Hence, questions on the body making the decision, procedural safeguards and other important issues are not resolved in a satisfactory manner. Furthermore, the solutions are inconsistent with the international documents by which Slovenia is bound. Some new solutions have been introduced by changes to the Penal Code and the Enforcement of Penal Sentences Act, but they have often not been fully thought through and bring confusion and ambiguity to an otherwise coherent system. This article points to those issues in the system that are the most interesting and troublesome, and offers various solutions based on comparisons with other legal systems.