In short
Supervised release is a form of execution of a final prison sentence. The execution judge, if the conditions in the statute are there, decides that a part of the sentence will continue outside the institution and under supervision. The supervised-release office follows this decision. The condition is read from the Law on the Execution of Penalties and Security Measures, Law No. 5275, and from the execution file. An obligation of judicial control is not this decision.
The execution judge gives the decision
The authority that decides on supervised release is the execution judge. The supervised-release office follows the application of the decision that was given. A summons or a direction by the office is not treated as having changed the form of execution while there is no decision of the judgeship. If the institution's assessment stands in the execution file, that document is read. While there is no document, good conduct is not treated as being there. A request, or a writing of the institution, is not stuck in place of the decision.
The convicted person, or the institution, can apply to the execution judge. The application is a claim that the conditions have come about. The claim does not create the coming about. The judgeship reads from the file the type of the sentence, the character of the offence, the period spent in the institution, and the other records the statute requires. If one of the records is missing, the missing part is not treated as completed. Which condition was found, or was not found, is written in the reasoning of the decision. If there is no reasoning, the conditions are not declared favourable.
A form of execution is not chosen before the judgment becomes final. The layer of finality is in the distinction of an appeal and a further appeal. While the route of appeal continues, supervised release is not assumed to have started. If the endorsement of finality has been entered for one offence and not for the other, the form of execution is discussed only as to the sanction whose endorsement was entered. The other sanction is not added to this decision until the endorsement is entered.
An open institution, and supervision outside
Being in an open penal institution and supervised release are not the same sentence. The period spent in an open institution is still execution in the institution. If the convicted person stays in the institution at night and goes out in the day, that arrangement is the institution's own regime. In supervised release, execution continues outside the institution by a decision of the judgeship. Which institution the person stayed in, and what the remaining sentence is, is read from the execution file. A period that is not written in the file is not added to this text.
A change in the type of institution does not give rise to a decision of supervised release. A transfer from a closed institution to an open institution is the execution administration's own act. This act is not read in place of the execution judge's decision of supervised release. If the two documents stand in the same file, their dates are separate. If the change of institution comes first and the judgeship's decision after, the order is not broken. If there is no decision of the judgeship, the convicted person is not left as if they were being executed outside the institution.
After the decision, the supervised-release office follows whether the obligation was performed. A monitoring writing does not build a new form of execution. The writing stays inside the frame of the judgeship's decision. A duty that goes beyond the frame, if it stands in the writing, is compared with the judgeship's decision. A duty that is not in the decision is not treated as added by the writing. A breach is not declared before the comparison is made.
The condition is read from the execution file
Law No. 5275 looks for a condition according to the type of the sentence, its length, and the character of the offence. The condition is read from the execution legislation. The measure is seen from the record in the execution file and from the text of the statute. The character of the offence in the decision can change the condition. Before the character is read, the same moment of leaving is not declared for every convicted person. A petition as if the condition had come about does not create the coming about. Whether it came about is read from the period and the offence information in the execution file.
Some offences may have been kept closed to this form of execution in the statute, or tied to a heavier condition. Whether it is closed is read from the character in the judgment and from the distinction in Law No. 5275. This text does not build a list of closed offences. If the character changed on the route of appeal, the condition is looked at again according to the changed character. A calculation made with the old character does not stand in for the new judgment.
If there is more than one prison sentence, which sentence entered this form of execution is read separately for each judgment. If an aggregation of the sentences was made in the execution file, the aggregation record is taken as the basis. While there is no aggregation record, the sentences are not treated as joined of themselves. The calculation of conditional release is not this decision itself either. Conditional release is another stage of execution. The two stages are not joined in the same sentence. Which one is in the file is read from the heading of the execution papers.
Deferment of the announcement of the judgment is not this form of execution. That decision is not the execution of a final imprisonment. To whom the record will be visible is a separate question. A decision of deferment of the announcement does not stand in for the execution judge's decision of supervised release. The two supervisions are not written onto the same list of obligations.
The decision shows, in its own operative part, the part to be spent outside the institution and the obligation in that part. If the part is not written, the remaining sentence is not calculated from this text. If the obligation is not written, a list of duties is not carried from another decision. When this decision comes out, the convicted person is not treated as having finished the conviction. A part of the sentence is being executed under supervision. The conviction is not declared closed before the supervision ends. If a notification of an address, or a similar notification, is in the operative part, the notification is followed from that operative part. If it is not in the operative part, the notification is not added later as a ground of breach. If a writing was added, the writing is compared with the judgeship's decision.
Service of the decision does not, on its own, build from this page from which moment the supervision runs. The start stands in the execution judge's decision, or in the writing of the passage to application in the execution file. If there is no writing, the supervision is not assumed to have started at the moment of leaving the institution. The record of leaving the institution and the decision are placed side by side. If there is a leaving and no decision, the leaving can also be a transfer to another institution. A transfer is not supervised release. If there is a decision and no record of leaving, the decision may not yet have been applied. The writing of application can also be read from the office's first supervision minutes. If there are no minutes, the application is not treated as having started.
The obligation and the breach
The obligation in supervised release is in the operative part of the execution judge's own decision. A rule of signing in, of an address, or a similar rule that is not in the operative part is not completed from this text. Judicial control is a protective measure applied while the investigation or the prosecution continues. Its basis is not the execution statute. It is the regime of criminal procedure. The definition stands in the article on what judicial control is. How signing in, a ban on going abroad, and a security are read from the decision is in the article on judicial-control obligations. Those lines are not carried of themselves onto the supervised-release decision.
A breach of the obligation can give rise to the result that execution continues again in the institution. The execution judge can decide to lift the supervised release. The result depends on how the breach, and the provision in Law No. 5275, stand in the file. At the first failure, the door of the institution is not declared opened from this page. While there is no decision lifting it, the form of execution is not treated as changed. If there is a decision, which part will be served in the institution is read from the decision. If the part is not written, a part is not invented.
If the claim of a breach rests on the office's writing, the writing and the convicted person's statement stand in the judgeship's file. While there is no writing, a breach is not treated as being there. If the convicted person has not seen the writing, the service record is looked for. If there is no record, the writing is not assumed not to have been notified. If it was notified, the date of the notification and the date of the decision are read apart. The judgeship may not accept the breach. A decision in which it did not accept it does not change the form of execution either.
The doors this form of execution does not open
Completion of supervised release does not erase the criminal record. The archive and the erasure are left, in the article on the record, to the regime of Law No. 5352. The form of execution ending does not mean the conviction line has disappeared. A prohibited right does not come back of itself with this form of execution. Giving it back is a separate decision under restoration of prohibited rights. The form of execution is not treated as having opened a ban on election or on a profession.
The summons paper of the execution prosecutor's office is not the place where the supervised-release calculation is built. The type of the sentence, the surrender, and the authority are read on the paper. If the paper only says surrender, execution outside the institution is not written in place of the surrender. That reading is under an execution summons. The summons and the execution judge's decision are not the same document. If the summons says surrender, the surrender line stands. If there is also a decision of the judgeship, that decision stands too. One does not erase the other.
Conclusion
Supervised release is in the execution of a final prison sentence. The execution judge gives the decision. The office follows the decision that was given. The condition is read from the execution legislation and from the offence information in the file. Staying in an open institution does not stand in for this decision. An obligation of judicial control is not copied onto this decision. The frame is on the criminal law page. The basis of execution is Law No. 5275. So that it is not mixed with a measure, the procedural basis is in the text of the Code of Criminal Procedure, Law No. 5271.