Release means removing someone from prison by judicial decision.
The term release refers to the act of releasing a prisoner based on a court order . The concept is formed with the affix ex- and the noun jail .
It should be noted that the prefix ex- has several uses. In this case we are interested in its meaning as "beyond" or "outside" . The idea of prison , meanwhile, can refer to the place where prisoners are held or to the penalty that consists of the deprivation of liberty .
As can be seen from the analysis of its components, the word release is linked to being out of prison . Specifically, for someone to be released, they must first have been imprisoned (that is, put in jail).
Who decides to release
The person who is authorized to release an inmate is a judicial authority with jurisdiction to make that decision. Release, in any case, is contemplated as a possibility in certain specific cases: that is, a judge cannot release someone when he wants, but rather when the legislation enables this alternative.
It is the law that defines when a prisoner can be released. The norms vary depending on the country and region, which is why a general condition that opens the door to release cannot be established.
Differences with prison exemption
Release from prison is sometimes confused with exemption from prison , but in reality they are two different processes. As we said above, for it to be possible to release someone, their incarceration must first have taken place.
Exemption from prison, on the other hand, can occur if the individual has not yet been imprisoned. There are different reasons that can lead a judge, at a request from the accused or a third party, to exempt him from deprivation of liberty while the criminal case progresses.
A judge can release a defendant as long as the legislation contemplates this possibility based on different specific criteria.
Arguments that can lead to the release of a defendant
It is important to keep in mind that release from prison is a benefit that is granted to those who are being prosecuted. Generally, the judge decides to release him when he considers that the subject in question does not constitute a danger to society if he remains free while the judicial process takes place.
Release may also be decided if the accused has already served the maximum sentence stipulated by the Penal Code , whether in detention or preventive detention, or if he has already served the sentence that was imposed by a sentence that is not yet final.
It should be noted that, in many cases, release arises from the presumption of innocence . A constitutional principle establishes that every person is presumed innocent until proven guilty; By extension, it is not possible to condemn in advance.
A technical term for firefighters
Firefighters , in some nations, refer to freeing when they manage to free someone who was trapped due to an accident . Although the dictionary of the Royal Spanish Academy ( RAE ) does not recognize this meaning, the entity considers that its use is not incorrect.
The RAE , in any case, recommends in these cases replacing excarcelar with other verbs such as take out or extract .