Parole Law. Clearing a criminal record after release

Lawyer's answer (Saenko Ivan Alekseevich)

3.33

It can be better Arranges Like

Hello! No, on this moment no amendments

It can be better Arranges Like

Hello
No, there are no changes or additions.

Lawyer's answer (Zheleznov Alexander Leonidovich)

It can be better Arranges Like

Hello! It is not yet possible to talk about changes that will come into force in 2019. Here current edition: Criminal Code of the Russian Federation Article 79. Conditional early release from serving a sentence 1. A person serving detention in a disciplinary military unit, forced labor or imprisonment, is subject to parole if the court recognizes that for his correction he does not need to fully serve the sentence imposed by the court, and has also compensated for the damage (in whole or in part) caused by the crime in the amount determined by decision court. In this case, the person may be fully or partially released from serving additional type punishments. (as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 7, 2011 N 420-FZ, dated December 28, 2013 N 432-FZ) (see text in previous edition) 2. When applying parole, the court may impose convicted person's duties stipulated by part five of Article 73 of this Code, which must be executed by him during the remaining unserved part of the sentence. 3. Conditional early release can be applied only after the convicted person has actually served: a) at least one third of the sentence imposed for a minor crime or moderate severity; (edited) Federal Law dated 03/09/2001 N 25-FZ) (see text in the previous edition) b) at least half of the sentence imposed for a serious crime; (as amended by Federal Law No. 25-FZ dated 09.03.2001) (see text in the previous edition) c) at least two-thirds of the sentence imposed for a particularly serious crime, as well as two-thirds of the sentence imposed on a person previously suspended - released early, if parole was revoked on grounds provided for by part seventh of this article; (as amended by Federal Law No. 25-FZ dated 09.03.2001) (see the text in the previous edition) d) at least three quarters of the sentence imposed for crimes against the sexual integrity of minors, as well as for grave and especially grave crimes related With illegal trafficking narcotic drugs, psychotropic substances and their precursors, as well as for crimes provided for in articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 210 and 361 of this Code; (as amended by Federal Laws dated 03.11.2009 N 245-FZ, dated 09.12.2010 N 352-FZ, dated 01.03.2012 N 18-FZ, dated 02.11.2013 N 302-FZ, dated 06.07.2016 N 375-FZ ) (see text in the previous edition) e) at least four-fifths of the sentence imposed for crimes against the sexual integrity of minors under fourteen years of age. (clause “e” was introduced by Federal Law No. 14-FZ of February 29, 2012) 4. Actual time served sentence for convicted persons imprisonment cannot be less than six months. 4.1. When considering a convict’s request for parole from serving a sentence, the court takes into account the convict’s behavior, his attitude to study and work during the entire period of serving the sentence, including available incentives and penalties, the convict’s attitude towards committed act and that the convicted person partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime, as well as the conclusion of the administration correctional institution about the feasibility of it parole. In relation to a convicted person suffering from a disorder of sexual preference (pedophilia), which does not preclude sanity, and who, at the age of over eighteen years, has committed a crime against the sexual integrity of a minor under fourteen years of age, the court also takes into account the application to the convicted person coercive measures medical nature, his attitude to treatment and the results of the forensic psychiatric examination. (Part 4.1 as amended by Federal Law No. 104-FZ dated 05.05.2014) (see text in the previous edition) 5. A person serving life imprisonment may be released on parole if the court finds that he does not need in the further serving of this sentence and actually served at least twenty-five years of imprisonment. Conditional early release from further serving of life imprisonment is applied only if the convicted person does not have malicious violations established order serving a sentence within the previous three years. A person who commits a new grave or especially grave crime while serving a life imprisonment is not subject to parole. (as amended by Federal Law No. 162-FZ of December 8, 2003) (see text in the previous edition) 6. Control over the behavior of a person released on parole is carried out by an authorized specialized government agency, and in relation to military personnel - by the command military units and institutions. 7. If during the remaining unserved part of the sentence: a) the convicted person committed a violation public order, for which he was imposed administrative penalty, or has maliciously evaded the fulfillment of the duties assigned to him by the court when applying parole, as well as compulsory medical measures prescribed by the court, the court, on the proposal of the authorities specified in part six of this article, may decide to cancel parole and execution the remaining unserved part of the sentence; (as amended by Federal Law No. 14-FZ dated 29.02.2012) (see the text in the previous edition) b) the convicted person has committed a crime through negligence or an intentional crime of minor or medium gravity, the issue of canceling or maintaining parole is decided by the court ; (clause “b” as amended by Federal Law dated 03/07/2011 N 26-FZ) (see text in the previous edition) c) the convicted person has committed a serious or especially serious crime, the court imposes punishment on him according to the rules provided for in Article 70 of this Code. According to the same rules, punishment is imposed in the event of a crime being committed through negligence or intentional crime minor or moderate severity if the court revokes parole.

Catherine

Hello, on your website it is described that Supreme Court made amendments to parole, nevertheless, things are still there. What to do if you are denied parole without grounds. Good behavior is written everywhere. What to do if the administration deliberately puts a spoke in the wheels as soon as it sees that the convict has applied for parole. Does it come from the decision of the administration and the fate of a person is decided? You won't get the truth anywhere. Everyone wants money. And even if you butter everyone up, it’s not a fact that it will work out. The problem is this year the deadline for applying for parole has come. Relations with the administration are not very good. But the person works almost from the very beginning of the term. There are elderly parents in their care and a minor child. Article 111. We want to leave not just according to Udo, but to pay the state a percentage of the salary. Do you think there is a chance that they won’t refuse? . And what needs to be done for this. Thank you. #99

Lawyer's answer (Varvara Vitalievna Ganotchenko)

It can be better Arranges Like

Hello! You need to contact the head of the colony or the head of the educational work.

2. Unserved part punishment can be replaced by more soft look punishment after actual serving by a person sentenced to imprisonment for committing:
crimes of minor or moderate gravity - at least one third of the sentence;
felony- at least half of the sentence;
especially serious crime - at least two-thirds of the sentence;
crimes against the sexual integrity of minors, as well as crimes provided for in Article 210 of this Code - at least three quarters of the sentence;
(as amended by Federal Law dated November 3, 2009 N 245-FZ)
(see text in the previous edition)
crimes against the sexual integrity of minors under fourteen years of age - no less than four-fifths of the sentence.

3. When replacing the unserved part of the sentence, the court may choose any milder type of punishment in accordance with the types of punishments specified in Article 44 of this Code, within the limits provided for by this Code for each type of punishment.
4. When considering a petition from a convicted person or a submission from the administration of an institution or body executing a sentence to replace the unserved part of his sentence with a milder form of punishment, the court takes into account the behavior of the convicted person, his attitude to study and work during the entire period of serving the sentence, the attitude of the convicted person to the committed act and that the convicted person partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime. In relation to a convicted person suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, and who, at the age of over eighteen years, has committed a crime against the sexual integrity of a minor under fourteen years of age, the court also takes into account the application of compulsory medical measures to the convicted person, his attitude towards treatment and results of forensic psychiatric examination.

In our country current laws provide for a certain possibility of early release from prison for those people who were able to prove that in order to fully reform they no longer need to serve the full term of the sentence established for them by the judicial authorities. Almost every year in our country, by decision of the judicial authorities, a fairly large number of people are sentenced to different deadlines imprisonment, therefore current system Parole gives them an excellent opportunity to show their loyalty to the existing regime and be released early from places of deprivation of liberty, where they were sent by decision of the country's judicial authorities for committing certain crimes.

At its core, parole uses the admissibility of correcting a certain sentence that was imposed on a prisoner by decision of the country's judicial authorities. All this is considered with full consideration of gravity crime committed prisoners, as well as the term of punishment, which was established by decision of the judicial authorities. Questions and difficulties that arise before modern system Parole is very relevant in permanent basis are refined and changed in order to develop the most productive and the right system, which will not have significant disadvantages.

Features of parole in our country

Parole can be implemented in several main ways, which are most often used in our country:

• Complete liberation. This type of parole can be granted to a prisoner for imprisonment when he serves his main sentence for a certain period of time.
• Incomplete release. This type of parole can be applied in a case where parole can be used for the main term of imprisonment, while additional term The convict spends his stay in places of detention until the very end.
• Replacing one punishment by decision of the judicial authorities with another, which is more lenient for a certain prisoner who, by decision of the judicial authorities, was sentenced to certain period imprisonment.
• Appointment for a specific period of time probation. This period has the same continuation in time as real time serving a sentence for a certain prisoner who was sentenced to imprisonment by decision of the judicial authorities. In addition, when a certain prisoner is released on parole in the country, judiciary such a prisoner may, under various circumstances, be charged with certain responsibilities. These responsibilities must fully coincide with the responsibilities that were assigned to him by decision of the judicial authorities when he was serving his sentence in prison.

When is it possible to use parole for prisoners?

Despite the fact that the basic principle of this system requires that certain punishment convicted person, which was appointed by the judicial authorities of our country was sufficient for a certain convict to be able to reform. When the judicial authorities pronounce a certain sentence on a convicted person, then they fully take into account everything existing moments, which are associated with the personality of the person on trial and on the basis of this, he has the opportunity to receive parole by decision of the judicial authorities.

It is necessary to remember this important fact that every year in our country, by decision of the judiciary, a fairly large number of people are sentenced to various terms of imprisonment, therefore the current parole system gives them an excellent opportunity to show their loyalty to the existing regime and leave early the places of imprisonment where they were sent for the decision of the judicial authorities of the country for the commission of certain crimes that they commit. Many prisoners in our country have already been able to take advantage of the possibility of parole by decision of the judicial authorities that were directly involved in their cases.

In addition to all this, when a certain prisoner is released on parole used in the country, the judicial authorities may, under various circumstances, assign certain duties to such a prisoner that he needs to fulfill. These responsibilities must fully coincide with the responsibilities that were assigned to him by decision of the judicial authorities when he was serving his sentence in prison. The possibility of parole for each prisoner is considered by the judicial authorities, taking into account large number factors and nuances.

Today, there are certain circumstances that are taken into account as fully as possible by the judicial authorities when granting parole to a prisoner. In order for a certain prisoner who is sentenced by a decision of the judiciary to be able to reform, sometimes only a certain part of his sentence will be enough full punishment such a prisoner. Therefore, in such cases, the judicial authorities can apply parole to a certain prisoner, which will help him in to the extent necessary get better without long stay in places of detention.

According to Part 5 of Article 79 of the Criminal Code of the Russian Federation, those sentenced to life imprisonment prisoners can count on parole after 25 years from the date of arrest. Now such petitions can be submitted by criminals arrested before 1992.

As the head of the FSIN press service, Kristina Belousova, reported in an interview with RT, as of January 1, 2017, there were 1,896 people sentenced to life imprisonment freedom, about 200 such prisoners received the right to apply for parole.

“There have been cases of similar petitions, but positive decisions was not accepted by the court. Some prisoners simply have nowhere to go after a 25-year sentence, for many there is simply no one waiting for them - the world has changed a lot during this time. Because of this, some prisoners may not plan to submit petitions,” Belousova noted.

Invitation to execution

For the first time, life imprisonment as a punishment appeared in the Russian Criminal Code in 1992. IN Soviet period for the most serious crimes they were sentenced to death.

In the first half of the 1990s, life imprisonment was used as an alternative to the death penalty when considering requests for clemency. The courts themselves could not sentence the defendant to life imprisonment. As an independent sanction, life imprisonment was introduced into the Criminal Code of the Russian Federation in 1996, when Russia joined the Council of Europe and pledged to ratify the European Convention for the Protection of Human Rights and Fundamental Freedoms within a year. Let us note that Protocol No. 6 of the Convention “On the Abolition of the Death Penalty” has not yet been ratified by the Russian Federation.

On May 16, 1996, the President of the Russian Federation signed a decree on phasing out executions, which were commuted to life imprisonment.

Formally, an article on the death penalty still exists in the Russian Criminal Code, but in fact a moratorium was imposed on its application by a decision of the Constitutional Court in 1999. The resolution of the Constitutional Court stated the inadmissibility of the use of capital punishment before the formation of jury trials in all Russian regions. In the same year, about 700 convicts awaiting death penalty were pardoned by presidential decree, 190 of them received 25-year sentences, the rest received life sentences.

In 2009, the Supreme Court finally banned the death penalty in Russia. He ruled that even the introduction of jury trials throughout the Russian Federation “does not open up the possibility of using the death penalty, including guilty verdict, rendered on the basis of the jury’s verdict.”

It should be noted that in the USSR, an alternative to the death penalty in the event of a criminal being pardoned was imprisonment for a term of 15 to 20 years. According to Article 59 of the Criminal Code of the Russian Federation as amended, the death penalty by way of pardon, it can be replaced by either life imprisonment or imprisonment for a term of 25 years.

Life imprisonment may be imposed by a court for the commission of especially serious crimes that encroach on life or are directed against public health and public morality, public safety, sexual integrity of minors under 14 years of age. However, such a penalty cannot be applied to men over 65 years of age, women and minors.

Today, only those criminals who were sentenced to death before 1992 and pardoned by the first President of the Russian Federation, Boris Yeltsin, can apply for parole from those serving life sentences.

Unconditionally-indefinite

Although formally those sentenced to life imprisonment have the right to ask for early release, none of these prisoners has yet been released from prison.

There is nothing strange in this: if even the petitions of ordinary prisoners are rejected by the courts in most cases, what can we say about criminals who are serving time for particularly cruel atrocities.

In 2015, 70-year-old Pyotr Stakhovtsev, sentenced to life imprisonment, applied to the court for parole. He was convicted in 1991 of organizing a five-member gang that engaged in armed raids and murders. Stakhovtsev, who had the rank of police major, even robbed several police departments with his accomplices in order to get weapons. According to investigators, they killed three people, but Stakhovtsev himself still refuses to admit his guilt, insisting that he became a victim of an internal struggle in the Ministry of Internal Affairs.

In March 2016, the Zubovo-Polyansky Court of Mordovia rejected Stakhovtsev’s petition due to one disciplinary action: a convict suffering from urinary incontinence went out to the toilet at night without putting on his uniform.

Earlier, another convict almost managed to be released on parole. Kazbek Kaloev, sentenced in 1990 to to the highest degree punishment (soon replaced by life imprisonment) for banditry, robbery, use forged documents, submitted an application for parole to Belozersky in 2013 district court Vologda region, and the judge granted this request. At that time, Kaloev was already 73 years old, but he could not be released - the Vologda Special Prosecutor's Office appealed judgment, considering that the court ignored the position of the colony administration.

At the same time, the decision on parole is made by the court, and the FSIN does not have any influence on it, say representatives of the penitentiary system.

“For example, in 2016, almost five thousand prisoners were released early, despite negative characterization from the FSIN,” Kristina Belousova noted in an interview with RT.

• Head of the press service of the Federal Penitentiary Service Kristina Belousova
• fsin.rf

Last November, three sentenced to life imprisonment - Gennady Ilyakhin, Vladimir Kornienko and Oleg Filatov - filed a complaint with constitutional Court. They ask to review the norms of the Criminal and Penal Codes, according to which prisoners sentenced to life are allowed to re-apply for parole only three years after last request(other prisoners can submit such petitions at intervals of six months).

Every now and then there are calls to completely ban such prisoners from applying for parole. For example, in 2014, deputy Nikolai Makarov proposed for those convicted of committing especially serious crimes the new kind penalties - a ban on applying for early release. But in the end the initiative was rejected by the government.

“Granting those sentenced to life imprisonment the right to apply for parole is hypocrisy. Foreign experience indicates that if prisoners are deprived of this opportunity, they begin to hang themselves, attack the administration, etc. This was done only to give such prisoners some hope so that they do not go crazy,” retired police lieutenant general Alexander Gurov explained in an interview with RT.

“In reality, most likely none of these convicts will ever be released on parole. There are no such cases abroad either,” the expert noted.

According to Gurov, serious problems will arise when these prisoners become elderly in need of care.

“Surely it will be proposed to send them either home or to nursing homes. In Europe, they also don’t know how to solve this problem in the future - there, too, the death penalty was abolished not so long ago. The only correct measure against such criminals is execution,” Gurov believes.

Those sentenced to life imprisonment cannot count on public sympathy. The idea of ​​returning the death penalty is popular among Russians. According to a survey conducted by the foundation " Public opinion“in 2001, 80% of respondents were in favor of lifting the moratorium, and in 2014 - 60%.

Moreover, not all those sentenced to life imprisonment welcome the moratorium on the death penalty. It is known that some of the death row inmates who were awaiting execution committed suicide after receiving a pardon in 1996: the prospect of spending the rest of their lives in prison turned out to be for them worse than death. Famous killer and the cannibal Vladimir Nikolaev, serving a life sentence in the Black Dolphin colony, admitted to journalists that he would prefer the death penalty.

• Colony "Black Dolphin"
• Wikimedia Commons

Not everyone can bear the thought of life imprisonment - some of the convicts die for no apparent reason during the first years of imprisonment: due to nervousness, the body simply ceases to function normally.

Eternal prison in solitary confinement

In most cases, serial killers, terrorists, members of organized crime groups, as well as people who have committed social dangerous crimes(for example, murder of a law enforcement officer).

There are currently seven prisons in Russia special regime: « White Swan» ( Perm region, Solikamsk), “Vologda nickel” ( Vologda Region, the territory of the former Kirillo-Novoezersky monastery on Ognenny Island), “Black Dolphin” ( Orenburg region, city of Sol-Iletsk), “Polar Owl” (located above the Arctic Circle in the Yamalo-Nenets Autonomous Okrug), "Black Golden Eagle" ( Sverdlovsk region). In the Republic of Mordovia there are two prisons for those sentenced to life imprisonment: the “Mordovian Zone” (the village of Sosnovka) and the Torbeevsky Central.

As a rule, such prisoners are housed in cells of two or four, and the cells are equipped with video surveillance systems. Prisoners who may pose a danger to others are kept in solitary confinement. Lights are on in the cells around the clock, and guards conduct checks at intervals of 15 minutes. Such prisoners are moved around the prison in a half-bent position and blindfolded.

Previously, those sentenced to life imprisonment could count on long dates with loved ones only ten years after the verdict. However, last year, the Constitutional Court changed the procedure for granting visits: now even those convicted who did not manage to serve their first ten years can hope for one meeting with relatives per year.

The decision was made after considering a complaint from the founder of the neo-Nazi group SPAS, Nikolai Korolev. He was convicted of a terrorist attack on the Cherkizovsky market committed by members of the group in 2006. While already in prison, Korolev got married, the couple decided to have a child and for a long time sought permission from the Federal Penitentiary Service for a long visit or for an IVF procedure. The Korolevs challenged the constitutionality of paragraph “b” of part 3 of article 125 and part 3 of article 127 of the Criminal Executive Code of the Russian Federation, insisting that the ban on long visits during the first ten years of the term violates their right to family life. As a result, the Constitutional Court sided with them, ordering the abolition of this ban.

• Founder of the neo-Nazi group SPAS Nikolai Korolev
• RIA News

Highest degree of social aggression

Among those who may soon apply for parole, there are many people who have taken up criminal activity at the end of their life. Soviet era. These include, in particular, Viktor Topchienko, who received a criminal environment nickname Octavian. In 1989, killer Viktor Topchienko arrived in Kaluga to take part in gang wars for control of the city. In 1990, the court found him guilty of several contract killings and sentenced him to death, which was later commuted to life imprisonment. Former hitman is serving his sentence in the White Swan colony, located in the Perm region.

Another famous bandit of the late 1980s and early 1990s, Georgy Kim, nicknamed Banzai, is now serving a life sentence in a Vologda colony.

While under investigation in the capital pre-trial detention center, Kim came up with the perfect escape plan. He and his accomplices gained the trust of the guards who accompanied the criminals to court, where the trial of the Banzai gang on charges of robbery, murder and rape was underway. Subsequently, no one could understand the reasons why the guards developed sympathy for the bandits. Banzai was probably a good psychologist. It even got to the point where the guards themselves ran to get beer and vodka for the protected criminals and drank alcohol with them right in the paddy wagon. They had no idea how tragically this “friendship” would end.

On July 12, 1990, Banzai (by the way, a former champion in shooting and mastered karate techniques) waited until the unsuspecting guards lowered the partition dividing the paddy wagon in order to quickly snatch their Makarov service pistols from them. After shooting the guards, the bandits fled. However, they did not manage to remain free for long - all members of the group were detained within a couple of weeks. The court handed down a death sentence to almost all members of the gang; after being pardoned, Georgy Kim was transferred to the Vologda Pyatak colony, where he lives out his days.

In 1990 he was arrested Serial killer Mikhail Moskalev, who moved to Kaluga region from Belarus, where he managed to commit several brutal murders. The maniac strangled and raped women; he dealt with one of his victims in front of her two-year-old child. Moskalev’s fetish was black tights or stockings - all his victims wore them. The exact number of deaths at the hands of the “Grodno maniac” could not be established. He was sentenced to death, which was then commuted to life imprisonment - the criminal is serving it in Mordovia. In 2014, residents of Grodno actively discussed on online forums the prospects of the bloody murderer returning to the city. However, the townspeople worried in vain: Moskalev did not get out in 2015, and it is unlikely that the court will ever release the serial killer.

The deadline for submitting a petition for early release has already approached for Vitaly Semenikhin, who shot thirteen of his colleagues in 1991. The tragedy took place on the territory of the Ulyanovsk military unit. Two servicemen - native Krasnodar region Semenikhin and a native of Central Asia Muradov - decided to desert, first killing the unit's guard. They managed to do this: the servicemen who did not expect the attack did not have time to do anything and were shot at point-blank range. True, the fugitive soldiers did not remain free for long - they were quickly identified and surrounded by the Ministry of Internal Affairs. Muradov committed suicide during his arrest, and Semenikhin was sentenced to capital punishment. He spent five years awaiting execution, until a presidential decree commuted the death penalty for him to life imprisonment.

Probably, some of those sentenced to life can really reform and will no longer pose a danger to society. But there are no guarantees that if the practice of early release of life prisoners spreads, along with repentant bandits, maniacs who are never former will not be released.

"Basically, theoretical possibility release from life imprisonment parole must be maintained: life has many faces, and different circumstances may arise,” the lawyer noted in an interview with RT, former investigator on special important matters Nikolay Ivanov. “But since this is an exceptional punishment, release from it should also be an exceptional case and subject to many conditions.”

How on legally can I get out of jail? Parole is one of the options.

Unfortunately, due to legal illiteracy, few convicts know their rights, including the right to apply for parole. According to the penal legislation of the Russian Federation, parole is the early release of a prisoner who has served a certain part of his sentence, but is subject to certain conditions. These conditions are imposed by the court and they consist in imposing on the convicted person certain duties that he must fulfill during the remaining unserved sentence. Failure to fulfill these obligations entails the cancellation of parole and the return of the prisoner to the colony.

The procedure for granting parole is quite complex and requires deep knowledge in the field of criminal and penal legislation. There are many legal subtleties And " pitfalls", which not everyone can deal with. In this article we will talk about what parole is and the procedure for granting it.

Who can apply for parole?

Conditional early release can be applied to persons serving a sentence of imprisonment, restriction of freedom, serving military punishment or aimed at forced labor. Every convicted person has the right to apply to the court to grant him parole, but to achieve positive result It is important to know certain order his submission.

Those sentenced to life imprisonment have the right to apply for parole only after actually serving at least 25 years. Persons who have been convicted of especially serious crimes have the right to parole only after they have served 2/3 of their sentence. Convicts who have committed serious crimes are entitled to parole after serving ½ of the sentence, and those who have committed crimes of minor or moderate gravity - after serving 1/3 of the sentence. A separate category are persons who have committed crimes against the sexual integrity of minors: they must serve at least ¾ of the sentence, and persons convicted of crimes against the sexual integrity of minors under 14 years of age must serve at least 4/5 of the sentence imposed.

If the convicted person has committed several crimes related to different categories severity, the term of punishment is calculated based on the totality of crimes, and the part of the sentence served is calculated based on the most serious crime. Persons who have served less than 6 months of their sentence are not entitled to apply for parole, regardless of the severity of the crime.

Grounds for parole

Parole may be granted if the court finds that the convicted person does not need to serve full term punishment for his correction, which is confirmed by his characteristics from the place of serving the sentence, and he served a certain part of the sentence, established according to the gravity of the crime committed. In all other cases, the application for parole will be rejected by the court. The convicted person has the right to re-apply for parole no earlier than 6 months from the date of the decision to deny parole.

Conditional release procedure

According to Article 175 of the Criminal Executive Code of the Russian Federation, a convicted person who may be subject to parole and his legal representative (lawyer) have the right to apply to the court for parole. The petition must contain information that indicates that the correction of the convicted person does not require the full serving of the sentence imposed by the court. There must also be information that the convicted person has partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime, repented of the act committed and corrected himself.

The convicted person submits this application for parole to the court through the administration of the correctional institution. The administration of a correctional institution is obliged, within 10 days after filing a petition from a convicted person, to send the said petition to the court along with a description of the convicted person. The characterization must contain data on the behavior of the convicted person, his attitude to study and work while serving his sentence, the attitude of the convicted person to the committed act, as well as the administration’s conclusion on the advisability of parole.

The court is considering this request in established by law terms and makes its decision, which grants or denies parole from serving the sentence. If the court refuses parole, the convicted person has the right to apply repeated application no earlier than six months from the date of the court decision on refusal. If the court refuses to grant parole to a person sentenced to life imprisonment repeated appeal with the petition can only happen after three years have passed from the date of the court’s decision to refuse.

Documents required to apply for parole

List of documents for release from prison on parole

1. Petition from the convicted person or his legal representative(lawyer);

2. A copy of the verdict, which must be certified and bound;

3. Certificate of health;

4. Application for transfer Money to settle the claim of the victim, if any;

5. A certificate from the accounting department of the correctional institution stating that the funds are transferred to the victim or his relatives;

6. Certificate of employment or letter of guarantee from the employer;

7. A certificate from the housing office about registration or an obligation to register you at your place of residence after release;

8. Plea of ​​guilt;

9. Certificate of family composition, copies of children’s birth certificates, certificate of availability elderly parents(certificate of their health from the clinic), certificate of difficult financial situation families.

The administration of the correctional institution must also provide the court with the personal file of the convicted person and his characteristics.

As you have already seen, achieving parole is not easy, this process is fraught with many legal subtleties and pitfalls, but with an experienced lawyer it is quite possible. Therefore, do not miss your chance to take advantage of this right and apply for a qualified legal assistance To professional lawyers in the field of criminal enforcement law.

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