Conditional release in Romania: criteria, realistic chances and how to prepare your parole file

The explanations below are based on the current Romanian legal framework (Criminal Code, Law no. 254/2013 on the execution of custodial sentences, Code of Criminal Procedure) and on recent case-law of the Constitutional Court (CCR) and ordinary courts, as publicly available by late 2025. They are written in accessible language, but they still concern Romanian law only. They cannot replace a personalised discussion with a lawyer who has actually read your file.

If you want a more general picture of how time limits in criminal cases work (for example, when offences become time-barred), you can also read my article “Limitation of criminal liability in Romania: how time limits are calculated and what the CCR and ICCJ decisions mean for your case” .

1. What conditional release is (and what it is not)

Conditional release is regulated in Articles 99–106 of the Romanian Criminal Code, under the heading “Conditional release”. In essence, it allows a person serving a prison sentence or life imprisonment to be released before the full sentence has been served, if a series of objective and subjective conditions are met (length of sentence actually served, conduct in prison, efforts towards reintegration, civil obligations, risk of reoffending, and so on).

The Constitutional Court has repeatedly emphasised that conditional release is not a fundamental right to be released at a certain date, but a legal benefit and an instrument of individualisation of the sentence at the execution stage. In Decision no. 878/2020 – which examined the rules in Article 587 of the Code of Criminal Procedure and Article 97 of Law no. 254/2013 – the Court expressly stated that conditional release is a benefit and that it is for the courts and execution bodies to assess whether the legal conditions are fulfilled in each individual case, not for the Constitutional Court to “rewrite” those conditions.

Later, in Decision no. 626/2023 and again in Decision no. 294/2025, the Constitutional Court returned to the subject, this time analysing Article 100 paragraph (1) letter b) Criminal Code (the requirement that the person be serving the sentence in a semi-open or open regime) and Article 587 paragraph (2) Code of Criminal Procedure (the rule that, when a request for conditional release is rejected, the court sets a waiting period before the request can be renewed). The Court reaffirmed the same approach: the legislature is free to link conditional release to the execution regime and to impose a waiting period between requests, as long as these conditions are clearly regulated and applied without discrimination.

In practical terms this means that:

• you do not acquire an automatic right to be released as soon as a certain fraction of your sentence is reached;
• the judge looks at the whole picture: how much you have actually served, how you behaved, what you did in prison, what the risk of reoffending is, whether you made efforts to repair the damage, whether you have a realistic plan for life after release;
• even if the legal fractions are formally reached, the court can still refuse conditional release if it considers that the conditions relating to conduct and reintegration are not convincingly met.

This is why preparing the case for conditional release starts long before the first day when the sentence mathematically allows you to apply.

2. Legal framework: where the rules on conditional release are found

Three main instruments are relevant for conditional release in Romania:

• the Criminal Code (Law no. 286/2009), Articles 99–106, which set the substantive conditions for conditional release (fractions of the sentence, conduct, civil obligations, special rules for life imprisonment, revocation of release etc.);
• Law no. 254/2013 on the execution of sentences and custodial measures, which regulates the way in which prison sentences are actually executed – including the calculation of sentence credit for work and educational activities, the classification of inmates in closed, semi-open or open regimes, and the composition and role of the prison commission for conditional release;
• the Code of Criminal Procedure, especially Article 587, which governs the procedure before the judge for the execution of sentences: who can apply for conditional release, which court is competent, what happens if the court rejects the request, how the prosecutor can contest a favourable decision, and so on.

For up-to-date versions of these texts you can consult the official Portalul legislativ (Legislative Portal of the Ministry of Justice) or consolidated versions available on legal platforms such as Lege5 or Sintact.

3. Objective conditions: how much of the sentence must be served

3.1. Fractions for fixed-term prison sentences

Article 100 Criminal Code sets the minimum fraction of the prison sentence that must be served before the court can even consider conditional release. In a simplified form (for adults) the rule is:

• two thirds of the sentence for prison terms of up to 10 years;
• three quarters of the sentence for prison terms longer than 10 years;
• if the person is a repeat offender (recidivist), the fractions are higher; the precise rules depend on the form of recidivism and on whether there are several sentences merged into a resulting sentence.

These fractions apply to the effective sentence to be served after taking into account any periods spent in pre-trial detention or under house arrest (which are deducted), as well as any other days recognised as “served” under Law no. 254/2013 (for example, days gained through work or participation in educational programmes, within the limits provided by that law).

It is important to understand that the minimum fraction is only the starting point. Reaching it simply opens the door to requesting conditional release; it does not guarantee that the request will be granted.

3.2. Life imprisonment

For life imprisonment, Article 99 Criminal Code provides a specific rule: the person may be conditionally released after serving at least 20 years in prison, if the other conditions (good conduct, low risk of reoffending, etc.) are met. If the life sentence has been replaced by a fixed-term prison sentence (for example, through a presidential pardon or under Article 57 Criminal Code), the fractions are recalculated by reference to the new sentence.

3.3. Sentence credit for work and educational activities

Law no. 254/2013 allows for certain days to be treated as “served” in addition to the calendar days actually spent in detention, where the person has worked or participated in educational, vocational or therapeutic programmes. The detailed rules are technical and have changed over time, but the underlying idea is that active involvement in work and programmes brings you closer to the date when you can apply for conditional release.

In practice, the prison administration keeps an individual record for each inmate, showing days actually served, days earned, disciplinary sanctions and rewards. When the commission for conditional release prepares its proposal, this record is one of the central documents.

3.4. Multiple sentences, merged sentences and minors

If you have several sentences that have been merged into a single resulting sentence (pedeapsă rezultantă), the fractions are calculated by reference to the resulting sentence, not the individual ones. The case-law of the High Court of Cassation and Justice and of the courts of appeal contains a significant number of decisions clarifying how the fractions apply in various combinations of sentences.

For crimes committed while the offender was under 18, the rules on conditional release interact with the special rules on criminal liability of minors. This is a more technical area; if it applies, it is important for the lawyer to carefully check the special provisions in the Criminal Code and in Law no. 253/2013 on the execution of educational measures.

4. Subjective conditions: conduct, work, damages, risk

Fulfilling the time fraction is only one part of the equation. Articles 99 and 100 Criminal Code also require that the convicted person show, through their behaviour during the execution of the sentence, that continued detention is no longer necessary in order to achieve the aims of the punishment.

4.1. Conduct in prison and execution regime

Article 100 paragraph (1) letter b) Criminal Code provides that conditional release in case of a prison sentence may be ordered only if the person is serving the sentence in a semi-open or open regime. This means that, as long as you are in a closed regime, you cannot be released conditionally, even if you have served the minimum fraction of the sentence.

Regime classification and changes of regime are governed by Law no. 254/2013 and by its implementing regulation (approved by Government Decision no. 157/2016). In broad terms:

• at the beginning of the sentence, the prison administration classifies the inmate in a regime (closed, semi-open, open), based on criteria such as length of sentence, type of offence, previous criminal record, behaviour in detention;
• over time, depending on behaviour, the regime can be relaxed (for example, from closed to semi-open) or, in case of serious disciplinary offences, tightened.

This is one of the reasons why avoiding serious disciplinary sanctions and progressively improving behaviour is crucial. A person who remains in a closed regime because of repeated disciplinary problems will find it very hard to convince a court to grant conditional release, even after the formal time fraction has been served.

4.2. Work, education and participation in programmes

The criminal courts and the prison commission look very carefully at whether the inmate has used the time in prison to work, study, attend religious or psychological counselling, participate in social reintegration programmes and so on. Law no. 254/2013 and the implementing regulation describe various types of activities that may count towards sentence credit and towards the assessment of reintegration potential.

In practice, courts tend to be more receptive to requests for conditional release where:

• the inmate has worked consistently, not only in the months immediately preceding the application;
• there is a clear pattern of participation in education or vocational training (for example: completion of school grades, qualification courses, language courses);
• the inmate has been involved in structured programmes (anti-drug programmes, programmes for managing aggression, etc.), especially where these are directly relevant to the type of offence committed.

4.3. Civil damages and other obligations

Another sensitive point is the extent to which the convicted person has paid the damages awarded to the victim or has otherwise fulfilled civil obligations arising from the criminal judgment. The Criminal Code requires the court to take this into account when deciding on conditional release. This does not mean that release is automatically excluded if the damages have not been fully paid – especially when the amounts are very high and the person’s income in prison is minimal – but the efforts made are extremely relevant.

Courts look at whether the person has:

• paid at least part of the damages, in line with their real possibilities;
• signed payment commitments or agreements with the victim or with the institution that suffered the damage;
• kept a consistent attitude over time (for example, making small but regular payments from the sums gained through work in prison).

It is generally more convincing to show a stable pattern of payments, even if modest, than to present promises of large future payments that are not supported by concrete evidence.

4.4. Disciplinary sanctions and rewards

Disciplinary sanctions (fights, possession of prohibited items, refusal to comply with orders, attempts to bring forbidden objects into prison, etc.) weigh heavily against conditional release, especially if they are recent or serious. On the other hand, formal rewards (for work, behaviour, participation in programmes) and the absence of sanctions for long periods support the idea that the person has genuinely adjusted their behaviour.

The prison commission, and later the court, will examine the entire disciplinary history, not just the last few months. This is why it is important to start thinking about conditional release early, not only shortly before the minimum fraction is reached.

5. The role of the prison commission for conditional release

Before a case reaches the court, it passes through the hands of the commission for conditional release at the prison level. Its composition and responsibilities are set out in Law no. 254/2013 and in the implementing regulation. In broad lines, the commission includes representatives of the prison administration, sometimes a psychologist or social worker, and it works closely with the probation service.

5.1. What the commission actually does

The commission has to:

• verify whether the minimum time fraction has been reached, taking into account days actually served and days earned through work and programmes;
• analyse the inmate’s individual record (behaviour, disciplinary sanctions and rewards, work, studies, participation in programmes, family situation);
• assess the risk of reoffending, often in cooperation with probation officers and psychologists;
• decide whether to propose conditional release, to postpone the proposal, or to issue a negative opinion.

It is very important to understand that a negative opinion from the commission does not make it impossible to obtain conditional release, but it makes the task much more difficult in court. The judge will always read the commission’s report and will ask why its conclusions should be disregarded.

5.2. How the commission’s decision can be influenced (legally)

Neither the inmate nor the family can “negotiate” with the commission in the informal sense of the word. What they can do, however, is to make sure that the commission has a complete and accurate picture of the situation. For example:

• ensuring that all certificates of work, participation in courses and programmes, and rewards are properly recorded in the file;
• submitting written information about the family support and the concrete plan after release (where the person will live, what work opportunities exist, what therapeutic support is planned, etc.);
• correcting factual errors in the individual record (for example, incorrectly recorded sanctions or missing rewards).

A lawyer can assist already at this stage, by helping to organise the documents and, where the rules of the prison allow it, attend the discussions with the commission or submit written arguments.

6. The role of the court: how the judge for the execution of sentences decides

6.1. Procedure under Article 587 Code of Criminal Procedure

Once the commission has issued a proposal (favourable or unfavourable) or once the inmate has directly submitted a request for conditional release, the file is sent to the judge for the execution of sentences at the court indicated by Article 587 Code of Criminal Procedure (usually the court in whose district the prison is located).

In court:

• the prosecutor participates and presents their viewpoint (often based on the prison commission’s report and on the criminal file);
• the inmate is brought to the hearing; their lawyer can attend and make submissions;
• the court can admit or reject the request for conditional release.

If the court admits the request, it orders conditional release and sets the length of the supervision period. The prosecutor may contest this decision in a higher court, in which case the final decision will be taken on appeal.

If the court rejects the request, Article 587 paragraph (2) requires it to set a time period after which a new proposal or request can be made. This period cannot exceed one year and runs from the date when the decision becomes final. In other words, there is always a “waiting time” after a rejection, and the length of this period is itself a sign of how far the court considers the inmate to be from fulfilling the conditions for conditional release.

6.2. What the judge checks in practice

Although the legal criteria are the same across the country, there can be significant differences in how individual judges weigh them. In general, experience shows that courts pay particular attention to:

• the type and seriousness of the offence (for example, violent offences and serious corruption cases are often treated more strictly);
• the length of the sentence and the portion already served;
• the inmate’s behaviour in prison, especially in the last years (not just the last months);
• the pattern of work, education and participation in programmes, not just isolated actions;
• the realism of the reintegration plan after release (housing, work, family support, medical treatment where relevant);
• the position of the victim, especially in cases involving serious harm.

In some criminal files, the sentencing court has expressly indicated that the convicted person should not benefit from conditional release before serving a certain fraction of the sentence or that a very cautious approach is required. These considerations are not legally binding on the judge for the execution of sentences, but they play a role in the overall assessment.

7. Realistic chances: what can be expected and what cannot

From the perspective of detainees and their families, one of the most painful aspects of conditional release is the gap between expectations and reality. Stories circulate from cell to cell about people “who went out on the first date” or about others “who were refused even though they had everything”. To manage expectations, it is useful to keep in mind a few points.

7.1. The first date is rarely the last word

For longer sentences, especially those over 8–10 years, the first time when the minimum fraction is reached is often too early for the court to consider that a genuine change has occurred. In many cases, the first application is rejected with a relatively short waiting period (for example, 6–9 months), and the second or third application, supported by additional evidence of progress, is the one that succeeds.

7.2. Type of offence matters

In practice, courts are more cautious when it comes to:

• violent offences against persons (especially homicide, attempted homicide, serious bodily harm, sexual offences);
• repeat domestic violence cases;
• organised crime and large-scale drug trafficking cases;
• serious corruption cases with high damage to public institutions.

This does not mean that conditional release is impossible in such cases, but it may require more time and more convincing evidence of change than in less serious offences.

7.3. Risk of reoffending and support network

Many courts insist on a realistic assessment of the risk of reoffending. Psychological assessments, reports from the probation service, medical documentation and information about the family and community support are all relevant. An inmate who leaves prison into complete social isolation, without a place to live, without a job and without any plan for addressing the problems that led to the offence (addiction, debt, toxic relationships) will find it harder to convince the court.

8. How to prepare a strong parole file

Preparing a good conditional release file is a process, not a last-minute operation. Ideally, it starts shortly after the sentence becomes final and continues throughout the execution of the sentence.

8.1. For the detainee: strategy during execution

• Avoid disciplinary sanctions. This sounds obvious, but it is crucial. Many requests fail not because of missing work certificates, but because of recent fights, repeated possession of prohibited objects, or other serious breaches of prison rules.
• Work consistently. Where possible, take a job in prison and keep it. Breaks are sometimes unavoidable, but a chaotic work history is less convincing than constant involvement.
• Attend programmes that make sense for your case. If the offence is related to alcohol or drugs, participation in addiction treatment and counselling is very relevant. If the offence involves violence, programmes on managing aggression and conflict are important.
• Document everything. Keep copies of certificates, diplomas, letters of appreciation, reports about your participation in programmes, and so on. These documents will be needed later.
• Think about life after release. Where will you live? What work can you realistically do? Who supports you? The more concrete your answers, the stronger your file.

8.2. For the family: how you can help

• Prepare written statements describing the support you can provide after release (housing, financial help, emotional support). These statements can be submitted to the commission and to the court.
• Gather documents such as employment offers, letters from potential employers, documents showing the availability of housing, medical letters if the detainee needs treatment after release.
• Coordinate with the lawyer so that all relevant information is presented coherently and on time.

8.3. For the lawyer: structure of arguments

From a defence perspective, the application for conditional release should be structured clearly, along the legal criteria:

• Time criteria: demonstration that the legal fraction of the sentence has been served, including calculation of days earned through work and programmes.
• Conduct and reintegration: detailed analysis of behaviour in prison, work, education, programmes, family support, psychological evaluations, risk assessment.
• Civil damages: explanation of amounts paid, payment schedules, realistic prospects of further payments, and the legal argument that conditional release should not be transformed into a purely financial privilege.
• Legal references: citing relevant provisions of the Criminal Code, Law no. 254/2013 and Article 587 Code of Criminal Procedure, as well as key Constitutional Court decisions (for example, Decision no. 878/2020, Decision no. 626/2023 and subsequent case-law).

For complex cases (serious violence, large-scale corruption, repeat offending) it is often useful to present a more detailed memorandum, with references to doctrine and case-law, and to show that the approach proposed is consistent with the practice of similar courts in similar cases.

8.4. Common mistakes in conditional release files

• Focusing almost exclusively on the time fraction (“I have served two thirds, so I must be released”), with minimal evidence on behaviour and reintegration.
• Ignoring recent disciplinary sanctions or trying to minimise them instead of showing a real change and explaining how the problems that led to them have been addressed.
• Presenting unrealistic plans for life after release, without any supporting documents (for example, “I will work in construction abroad” without any job offer, contact or contract).
• Submitting incomplete files, where important documents (certificates, diplomas, psychological reports) are missing or disorganised.

9. How conditional release interacts with other criminal law institutions

9.1. Conditional release and limitation of criminal liability

Conditional release operates after a conviction becomes final and the sentence is being executed. Limitation of criminal liability (prescripția răspunderii penale) relates to whether the state can still prosecute or enforce a sentence at all. In some situations, very long proceedings may lead to a sentence that is later affected by limitation issues, but this is an area where a detailed analysis of dates, legislative changes and Constitutional Court decisions is required.

For a deeper discussion of limitation and the impact of the CCR and CJEU case-law, you can consult the article mentioned in the introduction about limitation of criminal liability in Romania.

9.2. Conditional release and criminal fines

Conditional release concerns custodial sentences (prison or life imprisonment). If your case also involves criminal fines, it is important to understand the separate rules on how fines are executed and, in extreme cases, converted into imprisonment. For this you can read the article “The criminal fine and its conversion into imprisonment in Romanian law: how it is calculated and what risks you face in practice” .

9.3. Conditional release vs. suspended sentences

A suspended sentence under supervision (suspendarea executării pedepsei sub supraveghere) is decided at the time of sentencing and avoids prison altogether, subject to compliance with supervision measures and obligations. Conditional release intervenes after a sentence of imprisonment has already begun to be executed. In practice, when a person has been convicted with suspension, the later question is not conditional release, but whether the suspension should be revoked if new offences are committed.

10. Frequently asked questions about conditional release in Romania

10.1. “If I behave well, will I automatically be released at the first date?”

No. Good behaviour and work are essential, but the court still has to make an overall assessment of your case: the seriousness of the offence, your criminal history, the real risk of reoffending, the efforts to repair the damage and the reintegration plan. For longer sentences, it is quite common for the first application to be rejected with a relatively short waiting period, and for the second or third attempt, supported by more evidence, to succeed.

10.2. “Can I be released conditionally if I am still in a closed regime?”

Under the current version of Article 100 Criminal Code, conditional release from a prison sentence requires that you be in a semi-open or open regime. Remaining in a closed regime because of disciplinary problems usually blocks access to conditional release. This is one of the reasons why it is important to avoid sanctions and to work towards a regime change in good time before the minimum fraction is reached.

10.3. “I have not paid the damages. Does that mean I can never be released?”

Not necessarily. The court will look at your real possibilities and at the efforts you have made. In many cases, detainees have very limited income in prison. What matters is whether you have used what you had – even modest sums – to pay something, whether you have a realistic plan for payments after release, and whether you have taken the victim’s situation seriously. A complete lack of effort, without objective justification, weighs heavily against conditional release.

10.4. “How often can I apply for conditional release?”

After each rejection, the court sets a waiting period (no more than one year) before a new request can be filed. The length of this period reflects how far the court considers you to be from meeting the conditions. It is therefore important not to file applications mechanically, but to do so when there is something new and substantial to show (work, programmes, behavioural change, new support plans).

10.5. “Do I need a lawyer for conditional release?”

The law does not force you to have a lawyer, but in practice legal assistance is very useful, especially for longer sentences and complex cases. A lawyer can help to organise the file, obtain the necessary documents, coordinate with the family and with the probation service, and present the arguments in a way that addresses the court’s real concerns instead of just repeating general formulas.

11. Final remarks and important disclaimer

Conditional release is one of the few concrete horizons that a person serving a prison sentence can hold on to. But it is also an area where rumours and myths can do a lot of harm. The law combines objective criteria (time fractions, regime, absence of disciplinary sanctions) with subjective assessments (risk of reoffending, reintegration prospects, impact on the victim and on society). Navigating this combination requires preparation, patience and a clear strategy from the very beginning of the sentence.

This article is for information purposes only. It does not constitute legal advice and cannot replace a personalised analysis of your situation. If you or a member of your family are approaching the first date for conditional release, the best step is to talk to a lawyer who can review the criminal file and the prison record and help you build a realistic plan.

12. Sources and further reading

• Romanian Criminal Code (Law no. 286/2009), Articles 99–106 – conditional release (updated versions available on Portalul legislativ and on major legal databases).
• Law no. 254/2013 on the execution of sentences and custodial measures – especially Articles 551, 96–99 and 97 paragraph (6), concerning sentence credit, prison regimes and the commission for conditional release.
• Code of Criminal Procedure, Article 587 – procedure for conditional release; see also the commentaries and case-law notes in leading criminal procedure handbooks.
• Constitutional Court of Romania, Decision no. 878/2020 (on Article 587 CCP and Articles 551 and 97 paragraph (6) of Law no. 254/2013) and Decision no. 626/2023 (on Article 100 paragraph (1) letter b) Criminal Code), together with the later Decision no. 294/2025.
• Lorena Alexandra Avram, “Liberarea condiționată. Legalitate. Oportunitate. Reziliență” (“Conditional release. Legality. Opportunity. Resilience”), an academic article analysing conditional release from the standpoint of both legality and opportunity.
• Practice summaries and decisions of the High Court of Cassation and Justice and of courts of appeal on conditional release, accessible via the official websites of the courts and major legal databases.
• Related English-language articles on maglas.ro, including “Limitation of criminal liability in Romania: how time limits are calculated and what the CCR and ICCJ decisions mean for your case” and “The criminal fine and its conversion into imprisonment in Romanian law: how it is calculated and what risks you face in practice”.