REQUEST FOR CONDITIONAL FREEDOM

TO THE: Honorable Criminal Enforcement Judge of the

Judicial District of ________________

Affair: Request for Parole

Reference: a) Criminal Sentence No. ____ dated

________________ of ________________ of
________________.

b) Sentence read at hearing No. _____ dated

________________, of ________________, in
which he sends the request for Conditional
Release to the Criminal Execution Judge.

Of the: ________________

Honorable Judge:

Those who subscribe, _______________ AND _____________, both

(nationality), of legal age, Lawyers of the courts of the Republic, holders of
the Identity and Electoral Cards Nos. _____________ and _____________,
with a professional studio open at _____________, street
_____________Casa No. _____________, of this city of _____________, in
whose law firm my petitioner chooses his domicile for all the legal purposes
and consequences of this act, acting as constituted lawyer and special
representative of _____________, (nationality), of legal age, in her capacity as
(wife or daughter of the deceased, if it is homicide, or other capacity) of MR.
_____________, provided with the identity and electoral card No.
_____________, resident in this city of _____________on _____________
street, number _____________; make use of this process ment for the
purposes of exposing the following:

WHEREAS : That Criminal Condemnation Sentence No. was pronounced at

a hearing against my representatives . _____ dated _____________ of the

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month of _____________ of _____________ of the _____________ Criminal
Court of _____________ of the Judicial District of _____________ .

WHEREAS : The Criminal Condemnation Sentence cited above, No.

_____________, dated _____________, sentences our client _____________
to serve _____________ ( ) years of _____________ and _____________
pesos (RD$ _____________ ) fine.

WHEREAS : On the date _____________ ( ) of _____________ of

_____________ ( ) he entered the _____________ public prison of this city of
_____________ , MR . _____________ for violation of _____________ .

WHEREAS : Conditional Freedom does not extinguish or modify the

duration of the sentence, but rather constitutes a special way of enforcing it by
the convicted person.

WHEREAS : Conditional Freedom is a legal mechanism by which a

regenerated prisoner, after serving an important part of his sentence in prison,
has the opportunity to reintegrate into society, with some conditions, before
spending the entire period. time of sentence.

WHEREAS : Conditional Freedom has been created with the objective of

recognizing and stimulating the advancement, improvement and improvement
of inmates in prisons. .

WHEREAS : Article 2 of Law 164 of October 14 , 1980, allows conditional

freedom to be granted to persons sentenced to a sentence greater than one (1)
year.

WHEREAS : The aforementioned Law 164 on Conditional Freedom requires

requirements for it to be granted , among which is that the petitioner has
served half of the sentence imposed, which the applicant has been serving
since July 9 In the year 2000, he was sentenced to six (6) years and has been
serving five (5) years, so by simple mathematics it can be deduced that more
than half of the sentence imposed has been served.

WHEREAS : That _____________ is currently being held in prison in the

public prison of _____________

WHEREAS : That the prisoner hereby undertakes to reside and in fact resides
in the same residence of the Guarantor, Mr. _____________ that is , in

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_____________ No. _____________ , of _____________ , with legal address
in this city of _____________ on _____________ Street No.
_____________ , from _____________ which is the professional firm of
attorneys-in-fact and will work at _____________ , located at _____________
No. _____________ , telephone _____________ , property of
_____________ (guarantor), whose employer or immediate boss will be
_____________ , during the entire period of the sentence imposed, in the
same way he is aware that he will be under the supervision of compliance with
the conditions imposed by him. of the Criminal Enforcement Judge of the
Judicial District of _____________ and that MR. _____________ is obliged
to inform the magistrate of any change of address that may be made in the
future.

WHEREAS : Mr. _____________ has served a considerable part of the

prison sentence imposed, with an attitude of repentance and personal
improvement, demonstrating a habit of work and observing impeccable
conduct

THEREFORE : The Code of Criminal Procedure in its Art. 440. Definitive

calculation, says: “The executing judge reviews the
calculation of the sentence established in the sentence,
taking into account the deprivation of liberty suffered
by the accused since the day of his arrest to determine
precisely the date on which the sentence ends, and, if
applicable, "the date from which the accused can request
his conditional release or rehabilitation...".

THEREFORE : The Code of Criminal Procedure in its Art. 444. Probation,

says among other things: “The director of the penitentiary
establishment must send the judge the necessary reports
to decide on conditional release, one month before the
deadline set when carrying out the calculation.
Conditional release may be promoted ex officio or at the
request of the convicted person or his defender….”

THEREFORE : The Code of Criminal Procedure in its Art. 444. Conditional

freedom also says, among other things: “When freedom is granted,
the conditions and instructions are set in the
resolution that establishes it, as established by law.
The judge monitors compliance with the imposed
conditions, which can be reformed ex officio or at
the request of the convicted person.”

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THEREFORE : The Code of Criminal Procedure in its Art. 446. Fine, says
among other things: “If the accused does not pay the fine
within the period established by the sentence, he is
summoned to indicate whether he intends to replace the
fine with community work, request a deadline to pay it
or deliver sufficient assets to cover it. The judge may
authorize payment in installments…”

For these reasons and for the reasons that my petitioners provided in a timely
manner before the Judge of the Criminal Execution, my petitioners by means
of this Instance: FORMALLY REQUEST that Mr. _____________ be
benefited, with the Conditional Freedom of the sentence and consequently that
the Freedom of Mr. _____________ , for having complied with the
requirements of Law 164-80 on Conditional Freedom and the Code of
Criminal Procedure.-

In the city of _____________ , Dominican Republic, on the _____________

( ) days of the month of _____________ of the year _____________ ( ).-

(Lawyers)

Annexes :
a) Certified copy of the conviction sentence.
b) Report on compliance with the sentence and Conduct of the Inmate,
prepared by Public Prison Warden _____________.
c) Legal Medical Certificate.
d) Work Letter.
e) Certification of Non-solvency of Internal Revenue and City Council.