One of the most anticipated moments for anyone serving a prison sentence is the opportunity to go outside for a few days to see their family, rest, or prepare for their reintegration. This is possible thanks to regular prison leave, a right granted to inmates who meet certain requirements.
The ordinary release permit is a temporary authorization that allows an inmate to leave the prison for a specified period, while maintaining the obligation to return once the period expires. This is not an exceptional measure, but rather a right provided for by prison law. Ordinary release permits typically last between two and six days and can be repeated several times a year, depending on the inmate’s status and behavior.
Not all inmates are eligible for prison leave from the outset. To apply, certain requirements must be met, including:
In particularly serious crimes (sexual violence, homicide, terrorism), an active attitude toward reintegration or a request for forgiveness from the victim may also be required.
The application for ordinary leave is first submitted to the prison’s Treatment Board. If the Board approves the request, it is forwarded to the Penitentiary Supervision Judge, who issues the final ruling.
If the judge denies the leave, an appeal can be filed through a criminal lawyer specializing in penitentiary law.
The denial of a prison permit is not final. There are legal mechanisms for appeal:
REAL CASE – We also had the case of JAGC, sentenced to three and a half years for attempted murder.
Sometimes it is absolutely impossible to obtain a prison leave, and the entire sentence is served.
These are isolated cases and justified by the inmate’s inappropriate conduct.
Sometimes the criminal lawyer doesn’t know why they are systematically denied, as the client and family hide many details from the lawyer until they have enough trust.
Even so, when we discover the reason or they confess it to us, we advise them to change their behavior in order to obtain the leave and we support them with resources until they obtain it, or we withdraw their defense if the client continues to refuse to listen or trust us. The relationship of trust is fundamental between lawyer and client.
