Start with the sentence, classification and release route
Georgian law separates release on parole from commutation of the unserved sentence. The eligibility date, decision-maker, available outcome and post-release obligations depend on which route applies.
Is the request for parole, community service, house arrest, an alien’s expulsion, review of life imprisonment, or another release mechanism?
The final judgment, offence category, sentence calculation, time actually served, penitentiary risk status and any earlier revocation must be checked before a submission is prepared.
Four mechanisms that should not be merged
The same family may use “early release” for different legal outcomes. The application should identify the exact statutory mechanism and the authority empowered to decide it.
Parole from fixed-term imprisonment
The Local Council may release an eligible convicted person where continued service of the full sentence is no longer required for correction. A special-risk placement is excluded from this route.
Commutation of the unserved sentence
The Council may, within the statutory conditions, replace the outstanding imprisonment with community service or house arrest. Separate rules apply to expulsion and re-entry prohibition for an alien convicted person.
Life-imprisonment review
Life-sentence cases use a court route after the relevant minimum period and successful completion of the approved preparation-for-release programme. The evidential and hearing framework is distinct.
Illness, elderly age and pardon
Medical release, release connected with elderly age and presidential pardon have different legal tests and decision-makers. They should not be presented to the Local Council as ordinary parole.
Adult eligibility thresholds for fixed-term imprisonment
Article 72 sets the minimum portions for parole. Article 73 sets earlier thresholds for replacing the unserved part with community service, house arrest or, where the statutory conditions are satisfied, expulsion and a prohibition on re-entry for an alien convicted person.
| Crime category | Parole — Article 72 | Commutation — Article 73 |
|---|---|---|
| Less serious crime | At least one half of the sentence | At least one third of the sentence |
| Serious crime | At least two thirds of the sentence | At least one half of the sentence |
| Particularly serious crime | At least three fourths of the sentence | At least two thirds of the sentence |
| Previous revocation | Three fourths where earlier parole was revoked, or where a substituted punishment was cancelled in the statutory circumstances | Two thirds where earlier parole was revoked, or where a substituted punishment was cancelled in the statutory circumstances |
For adult fixed-term imprisonment, Article 72 requires at least six months actually served for parole. Article 73 requires at least three months actually served for the commutation routes in Article 73(3)–(3²). The sentence calculation must include the operative judgment and any legally credited detention.
How the Local Council review begins
Under Article 91 of the Penitentiary Code, once an eligible convicted person has served the statutory parole period, the penitentiary institution files the application with the Council and notifies the convicted person. If additional information needs to be obtained and processed, filing may occur within seven working days.
The convicted person, defence lawyer or legal representative, and close relatives may provide additional information. The Council may decide on the written file or hold an oral hearing when further information from the convicted person is needed.
What the Council is required to assess
The Penitentiary Code directs the Council to consider the person’s conduct during imprisonment, criminal acts committed in the past, personality, family status, the nature of the offence and other circumstances capable of affecting the decision. A useful submission therefore connects each document to a statutory assessment factor instead of assembling undifferentiated character material.
- Sentence recordFinal judgment, offence article and category, sentence calculation, credited time, additional punishment and the precise eligibility date.
- Institutional conductComplete disciplinary and incentive history, work or study record, programme participation and evidence explaining any adverse entry rather than omitting it.
- Rehabilitation evidenceRecords showing engagement with identified risks, skills, treatment, education or resocialisation work and how that progress relates to release readiness.
- Family and residence planVerified accommodation, family responsibilities, support network and any safeguarding or contact issue that must be addressed before release.
- Work and daily structureA realistic employment, training or other lawful routine supported by contact details and documents that can be checked.
- Health and support needsRelevant medical material and a practical continuity-of-care plan, while keeping medical release under its separate legal test where applicable.
- Proposed conditionsA plan for reporting, residence, work, treatment, contact or other obligations that may lawfully apply during the outstanding part of the sentence.
- Foreign-national issuesNationality and status records, family links, immigration consequences, any extradition process, and whether Article 73’s expulsion route is legally available or prohibited.
Parole and sentence commutation produce different outcomes
Release under supervision
The outstanding part of the sentence remains legally relevant. The authorised probation body monitors conduct, and obligations under Article 65 may be imposed.
The punishment changes form
The convicted person leaves the penitentiary institution but serves the substituted punishment. Consent and the specific Article 73 conditions must be addressed.
Expulsion is not ordinary parole
Expulsion and prohibition of entry are a separate commutation mechanism with statutory exclusions, including circumstances connected with protected family or private life and an ongoing extradition procedure.
Refusal, court review and reconsideration
A Council refusal of parole may be appealed to a court under administrative procedure. The same is true of a refusal to commute the outstanding sentence. The appeal should be built from the served decision, the complete Council record, the governing assessment criteria, any material factual error and the reason the statutory factors were not lawfully or adequately addressed.
Six months is the ordinary review interval for adults
After refusal, the same parole or commutation request is ordinarily reconsidered after six months. The Penitentiary Code recognises exceptions where the outstanding sentence does not exceed six months or a special circumstance exists. The parole issue must be considered every six months; the formal decision and current procedural rule should be checked before calculating an appeal or resubmission deadline.
Conditions after release and the risk of revocation
Parole is monitored during the outstanding term. Persistent avoidance of an imposed obligation may lead the court, on the authorised body’s recommendation, to revoke parole and order service of the remaining sentence. If a negligent crime is committed, the court decides whether parole remains in force; an intentional crime engages the cumulative-sentence rule. Release planning should therefore treat proposed conditions as operational commitments, not formal wording added at the end of the application.
Separate rules for minors and life sentences
The Juvenile Justice Code uses shorter thresholds and a more intensive rehabilitation assessment. For a convicted minor, parole eligibility begins after one third of the sentence for a less serious crime, one half for a serious crime and two thirds for a particularly serious crime, with at least three months actually served. Juvenile parole must be considered every three months. Commutation thresholds are one quarter, one third and one half respectively, and the adult three-month minimum does not apply.
Life imprisonment is not decided through ordinary adult Local Council parole. Under Article 72¹, the court may consider parole after 20 years actually served and successful completion of the approved preparation-for-release programme. Under Article 73(7), the court may consider substituting life imprisonment after 15 years and completion of that programme. These applications require the programme summary, risk and conduct evidence, criminal history, family circumstances and the person’s individual characteristics.
A controlled parole and early-release file
CriminalLawyers.ge lawyers advise convicted persons and families on the route that is legally available, the record the decision-maker will receive and the evidence needed to present the application accurately.
Sentence and threshold calculation
Review the judgment, offence category, credited custody, institutional status, earlier release history and the date each mechanism becomes available.
Institutional and release material
Organise conduct, rehabilitation, family, residence, employment, health and supervision evidence around the statutory factors.
Additional Council submission
Prepare a focused legal and factual submission, indexed attachments and a concise response to adverse information in the record.
Hearing preparation
Prepare the convicted person and supporting record for the questions likely to arise if the Council admits the matter to oral hearing.
Administrative-court challenge
Assess the served decision, record, reasons, criteria and procedural route before calculating the court deadline or a six-month resubmission plan.
Conditions and compliance
Explain supervision, imposed obligations and the practical consequences of non-compliance during the outstanding sentence.
Current Georgian legislation used for this guide
This page reflects the consolidated legislation available on 25 August 2026, including the Penitentiary Code amendments published on 29 June 2026. The official Georgian text, served decision and current subordinate procedure must be checked for a live application; the English text is used for orientation.
Criminal Code of Georgia — Articles 72, 72¹, 73 and 74↗︎ Penitentiary Code — Articles 89–93↗︎ Criminal Procedure Code — sentence-enforcement proceedings↗︎ Juvenile Justice Code — Articles 95 and 96↗︎