Opinion of 26th September 201278 concerning the implementation of the partial-release scheme 1/ Partial release is a specific procedure for serving a sentence. The convicted prisoner is placed under this regime in three cases: either when the sentencing judge decides to do so, in the case of a sentence of less than or equal to two years of imprisonment (article 132-25 of the Criminal code); or, according to the same condition concerning the length of the sentence to be served, when the judge responsible for the execution of sentences, to which the matter has been referred by the prosecution, decides that this sentence must be executed according to this procedure (article  723-15 of the Code of criminal procedure); or, lastly, when this same judge decides, in principle after hearing both parties, that a sentence that has already begun may continue under the partial-release regime. Most of those under partial release therefore come directly from a state of liberty; persons who were previously in prison under general law are a minority. Partial release is granted subject to probation (for example, Cass. Crim. 2nd September 2009). This means that it may be revoked by the judge responsible for the execution of sentences if its beneficiary does not comply with the obligations associated with the regime. These are numerous (see the case of partial release under the probation regime, articles  132-44 and 132-45 of the Criminal code). They most often consist of setting the times during which the person concerned may exercise a professional activity or seek work, outside which they must be present in the penal institution, meaning either an independent open prison or an open wing within an ordinary prison. They also take the form of interviews with social workers from the prison administration (prison advisers on employability and probation) and, frequently, include the obligation to receive treatment or any other activity to promote employability, intended to prevent recidivism. These conditions appear rather lax. They are, in practice, very onerous; this is why partial release can, in reality, only last for a limited period (several months). 78 Published in the Journal Officiel de la République française of 23rd October 2012, text n°62. 131