Abstract

The development in modern criminology as pertaining to the role of penalty in social rehabilitation and also the development in the implementation of a humane penalty especially in those situations which require placing the convict in penalty institutions/impresonoment for a long time require coming up with sets of penalties that are conisistent with the requirnments of rehabilitation. This is particularly true in conditions where imprisonment is no longer justifiable or needed. In these conditions there emerged the code of release where the convict can be released before the time specified for the punishment. This code is effective upon a proof of good conduct of the convict in the place of penalty. Release, as such, is practiced in two forms. The first is an absolute release that is not restricted by any condition. The second is a conditioned release where the released is subjected to a set of obligations, modes of monitoring, and is given assistance—all of which are considered as consistent with the treatement s/he receives while in the penalty place. The present paper as such is a comparative study between the above two forms by way of figuring out which of these two is more in line with jurisprudence and comparative legislation.