According to the law, when a criminal completes his sentence, he should be released from jail. But many times it happens that prisoners remain in jail even after completing their sentence. This is a serious legal and social issue. Which is related to the justice system, administrative processes, and some special legal provisions.
The main reasons prisoners are not released who have completed their sentence
It is not a problem in one country. Many prisoners have completed the life sentence, but still, they are in jail. People are protesting for them so the governments and justice system can release such prisoners. Nobody would like that their loved one lives in jail for extra time without any reason. So let’s check out the reasons why some prisoners are not released after completing the sentence.
Delay in administrative process
In many cases, the release of prisoners is delayed due to the complexities of jail administration or legal processes. Court orders, documentary processes, and other legal formalities are not completed on time. Such a prisoner has to remain in jail despite completing his sentence. Investigation and other pending cases In some cases, when other criminal cases are pending against a prisoner, he is not released until those cases are settled. If any new evidence is found or he is found accused in any other case too, then he is kept in jail.
Preventive detention by the government
Preventive detention In many countries, the government has this suspicion. If a person is considered a threat to society, he can be kept in custody for an additional period. This provision is used on criminals whose release can cause unrest in society. So there is a control of government over the judiciary system, and they tell them who should be released and who should not. There is a law related to this, habeas corpus. It is a legal process that allows a person or prisoner to challenge their detention or imprisonment in court.
Conditions of parole and pension
Some prisoners are under parole or probation, and if they violate these conditions, they can be sent to jail again. Sometimes, prisoners are not released on parole due to administrative negligence. Problems related to identity and citizenship: In some cases, if the citizenship of the prisoner is not clear, he is not released from jail. Particularly in the case of migrant prisoners, if they do not have any legal documents, they are kept in custody until the deportation process is completed.
But a dowellity came to see in the parole law too. Some well-known and politically powerful prisoners get parole easily, but common prisoners don’t get it when they need it.
Problems of mental health and social rehabilitation
Some prisoners are mentally ill. And in such cases, the court can decide that instead of releasing them from jail, they should be sent to mental health institutions. Apart from this, rehabilitation of some criminals in society is difficult, which delays their release.
Conclusion
The non-release of prisoners despite completion of their sentence is a complex issue that is linked to legal, administrative, and social aspects. It is important that the justice system is made more transparent and the process of release is made smooth so that no innocent or sentenced person has to remain in jail unjustly.
