(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.
(3) Sections 56a to 56g shall apply mutatis mutandis; the operational period, even if subsequently reduced, must not be less than the remainder of the sentence. If the convicted person has served at least one year of his sentence before conditional early release is granted the court shall typically place him under the supervision and guidance of a probation officer for all or a part of the operational period.
(4) To the extent a sentence of imprisonment has been reduced through credit for time served it shall be deemed as having been served within the meaning of subsections (1) to (3) above.
(5) Section 56f and section 56g shall apply mutatis mutandis. The court shall also revoke the early release if the convicted person, in the period between his conviction and the decision about the early release, has committed an offence which could for factual reasons not be taken into account by the court when deciding on the early release and which would have led to a denial of early release, had it been known at that time; the conviction shall be the judgment in those proceedings in which the underlying factual findings could last have been examined.
(6) The court may deny early release from a fixed-term sentence of imprisonment, if the convicted person makes insufficient or false statements concerning the whereabouts of objects which are subject to confiscation or are not subject thereto only because the offence has given rise to a claim by the victim under section 73(1) 2nd sentence.
(7) The court may fix a term not exceeding six months before the expiry of which an application by the convicted person for early release shall be inadmissible.