SPECIAL PART

SECTION ELEVEN
SPECIAL PROCEEDINGS

CHAPTER LVIII
PROCEEDINGS CONCERNING THE ENFORCEMENT OF JUDGMENTS AND OTHER FINAL COURT
DECISIONS

Article 509. Guarantee of sentenced persons’ rights during sentence enforcement

509.1. Between the passing of judgment by the court and the completion of the sentence, the sentenced person shall have the right to apply to the court for :

509.1.1. postponement of the sentence ;
509.1.2. release from punishment due to illness or to expiry of the period of sentence enforcement ;
509.1.3. conditional release before completion of the sentence ;
509.1.4. commutation of the part of the sentence not yet served to a less severe penalty ;
509.1.5. change to another type of penal institution or reformatory ;
509.1.6. application of an amnesty or rectification of a failure to apply an amnesty correctly ;
509.1.7. inclusion of a period of custody in a medical institution in the term of the sentence ;
509.1.8. release from imprisonment before completion of the sentence ;
509.1.9. other matters provided for in this Code.

509.2. Applications filed by sentenced persons under Article 509.1 of this Code shall be examined by the court in accordance with Articles 510-520 of this Code.

509.3. During the court’s examination of an application from a sentenced person under Article 509.1 of this Code, the sentenced person and his defence counsel or legal representative shall have the following rights :

509.3.1. to participate in the court hearing ;
509.3.2. to present evidence ;
509.3.3. to file applications and make objections ;
509.3.4. to acquaint themselves with all the documents.

509.4. The legal representative or defence counsel of a minor or person who has physical disabilities or is mentally ill may apply on his behalf to the court regarding the matters provided for in Article 509.1 of this Code relating to enforcement of a judgment or other final court decision. During the examination of such applications, the participation of the legal representative or defence counsel of the person concerned shall be compulsory.