The early release of Kristian Nikolov depends on the fulfillment of two mandatory conditions - at least half of his nine-year sentence has been served and his behavior shows that he has reformed. This was stated by criminal law professor Plamen Panayotov in the program “Offensive with Lyubo Ognyanov“.
Nikolov is serving a sentence for the April 19, 2020 accident, in which journalist Milen Tsvetkov died. On October 22, the Sofia City Court ruled on his conditional early release after accepting that the convict had provided sufficient evidence of his reformation.
The decision was contested by the Sofia City Prosecutor's Office and the head of the Sofia Prison. According to the prosecutor's office, there is no definitive evidence that the process of correction has been completed, and the prison administration insists that the work with Nikolov continue. The Sofia Court of Appeal is yet to rule on the appeals.
Half of the sentence is also calculated with the recognized detention
Panayotov pointed out that with a nine-year sentence, the first requirement means that at least four years and six months have actually been served.
„One is that the person has actually served at least half of the prison sentence imposed on him. In this specific case, this means at least four and a half years“, the lawyer explained.When calculating this term, periods of pre-trial detention, detention in custody or house arrest are also taken into account, when the law equates them to serving a prison sentence. According to the prosecutor's office, Nikolov actually spent three years and three months in prison, but the recognized periods of detention are added to the term.
The court must evaluate the evidence of correction
The second prerequisite is not reduced to an arithmetic calculation, but requires an evaluation of all the evidence in the case. According to Panayotov, the court must assess whether the behavior of the convicted person shows that the goal of the corrective effect of the punishment has been achieved.
“This is not just a matter of arithmetic calculation of the served sentence, but of judicial assessment“, the professor emphasized.A possible conditional early release will not automatically erase the unserved part of the sentence. If the court confirms it, a probationary period equal to the remaining term of the sentence will be set. With a publicly discussed served sentence of five years and seven months, this would mean about three years and several months of probation.
During this period, mandatory probation measures may be imposed. In case of violation of these measures or the commission of a new intentional crime, the law provides for consequences, including serving the unserved part of the sentence.
Sources: nova.bg