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(1)   The court shall grant conditional early release from a fixed-term sentence of imprisonment under an operational period of probation, if

1.    two thirds of the imposed sentence, but not less than two months, have been served; and

2.    the release is appropriate considering public security interests; and

3.    the convicted person consents.

The decision shall particularly consider the personality of the convicted person, his previous history, the circumstances of his offence, the importance of the legal interest endangered should he re-offend, the conduct of the convicted person while serving his sentence, his circumstances and the effects an early release are to be expected to have on him.

(2)   After one half of a fixed-term sentence of imprisonment, but not less than six months, have been served, the court may grant conditional early release, if

1.    the convicted person is serving his first sentence of imprisonment, the term not exceeding two years; or

2.    a comprehensive evaluation of the offence, the personality of the convicted person and his development while in custody warrant the acceptance of special circumstances, and the remaining requirements of subsection (1) above have been fulfilled.