Summary
Institute of release on parole in criminal justice, as viewed by many authors in the field, is a marginalized topic which deserves more attention. This particularly refers to the case of Bosnia and Herzegovina where core elements of this institute have not changed for several decades, while the crime and political circumstances and social circumstances in general had been radically altered. Has the institute of release on parole followed these changes? It is necessary to critically review this institute of release on parole as a form of suspended sentene both from theoretical and practical perspective. What is the nature and how to adequately perceive the situation where a person who has been convicted of a crime (with severe consequences and greater negative impact on the community) is to be released from prison after serving only a third or a half of their original sentence? Even more so, if one takes into account that the penal policy has largely changed nowadays, and thet the prevailing public opinion favors harsher sentencing. Is the current legislative solution, given the present circumstances, justified? The author seeks to explain the relationship between the administrative bodies in charge of approving the release on parole and the judicial bodies which are entrusted with pronouncing the original sentence. There is also, obviously, an issue of non-selective application of release on parole, which negatively affects the public perception of the prison system and prisoners, as people who are spending more time outside than inside the penitentiaries.
Undoubtedly, there is a dire need for the institute of release on parole to continue its existence within the criminal justice system, but only in a way that it follows the development of modern criminal and penal law. It is an imperative that this institute and its practical application fit the modern penal policy, with the aim of both achieving a more efficient protection from criminal activities and reaffirming the principle of individualization and social reintegration. Therefore, the author's main goal is to highlight the pros and cons of release on parole present in the criminal legislation of Bosnia and Herzegovina and to put forward some de lege ferenda solutions.
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