Abstract

The article addresses the issue of the acceptance for execution of a custodial sentence passed in another Member State from the viewpoint of the extent to which the executing country is bound by the the laws of the issuing state concerning the conditions and procedure of applying for conditional release. The presented analysis of the applicable legal regulations leads to the conclusion that the principal rule is that conditional release should be based on the laws of the executing state. Only as an exception, if the conditions on which the possibility of conditional release depends constitute a result of a discretionary decision of the court of the issuing state and have been expressly included in the judgement, they constitute the sentence and thus shall be binding for the executing state.