In recent years, criminal justice policies, fueled by societal expectations of harsh sentencing for crime, have had a significant impact on prison population growth and overcrowding. In this context, conditional release from detention is presented as one of the most effective ways to prevent recidivism and promote placement, planned reintegration, assistan-ce and supervision of the detainee in the community. This process must be carried out with respect for fundamental human rights and in accordance with the fundamental principles of democratic states governed by the rule of law. The basis of this community measure is the principle of legality and any deviation from it constitutes a serious violation against human dignity in the light of international law.