The verdict is passed, and the person who committed the atrocity is convicted, but even in this case, he can count on the indulgence of the court and commutation of punishment or on complete release from it, if legal grounds indicate this.
Execution of sentence
The final stage of criminal proceedings is the execution of the sentence. In Art. 397 of the Code of Criminal Procedure of the Russian Federation there is a list of significant moments for the guilty person that are carried out by the court after the sentence has been implemented in respect of the convicted person, and the latter begins to serve his sentence.
The sentence shall enter into force on the date indicated by the court if the parties to the process have not appealed against it. If the verdict is not guilty, it means that the person is released in the courtroom, but he can also be appealed to a higher court.
When executing a sentence, the court receives the following questions:
- about restoration in all significant rights of the rehabilitated;
- on release from punishment;
- on the abolition of the postponement of serving the sentence, the reduction of the postponement period;
- on the replacement of one correctional institution with another;
- on replacing the part that has not yet been served with a milder one;
- on the abolition or subsequent application of compulsory medical treatment to the convict;
- about parole and its cancellation;
- detention in case of evasion of punishment or non-arrival at the place of serving the sentence;
- on the replacement of the assigned punishment with another;
- to reduce deductions from the income of the perpetrator;
- on the transfer of the convicted alien for punishment to the state where he has citizenship;
- on the release of minors.
These issues can only be resolved by the court, and each of them is given special attention.
Detention
The procedural criminal law explicitly states that the term of detention cannot be more than two months and can be extended to six months with the particular complexity of the case - this applies to those accused of atrocities.
In relation to convicted persons who are already in places of deprivation of liberty but are held accountable for another act, the terms of detention are set on the basis of the criminal procedure code. In the event that a person is charged with a serious crime, the term may be extended to 12 months. The longest period of detention during the period of investigation of a particularly serious crime is 18 months, after which the person must be released, with the exception of the circumstances specified in the procedural law.
When calculating the time spent in custody, the period shall be counted:
- when a person was involved as a suspect;
- being at home in custody;
- stay in a medical facility by court order.
The detention of a convicted person who hides and evades punishment in the form of a fine, the performance of mandatory and corrective labor, possibly for up to 30 days. The same applies to convicts who, upon the verdict of the court, must go to the colony-settlement on their own and do not receive an order and do not arrive at the place of serving the sentence at the appointed time.
If the court decides on changing the correctional facility for a convict who evades arrival at the colony-settlement and is hiding, then the terms of detention are also no more than 30 days.
Deferral from punishment
The application of the delay in serving a sentence to pregnant women and women with a young child, as well as to a man who is the only parent, is possible only if the punishment for the deed is up to five years in prison.
Deferral is granted until the child reaches the age of 14 years, after which the parent is released from punishment or it is replaced by a milder one. In addition, the parent must deal with the child and his upbringing, otherwise the court may cancel the delay and send the convicted person to places of deprivation of liberty.
Art. 397 of the Code of Criminal Procedure of the Russian Federation directly indicates that the court can cancel the postponement of serving sentences to pregnant women and women with a child under 14 years old, as well as to a man who is a single parent, using Article 82 of the Code of Crimes.
The cancellation of the postponement of serving a sentence may affect a drug addict if the latter does not want to be cured of this terrible disease and undergo rehabilitation, as well as committing illegal acts. In this case, the convicted person must be sent to places of deprivation of liberty for the subsequent serving of punishment.
Exemption from punishment
Exemption from serving a sentence is possible for the guilty person only in certain cases:
- when the statute of limitations of the conviction has expired;
- if a new criminal law is adopted;
- in connection with the disease, on the basis of Art. 81.
If the convicted person after serving the sentence did not serve his sentence and disappeared from justice, as a result of which the statute of limitations for the committed atrocity has passed, then the person shall be released from punishment.
In the case of the adoption of a new law that excludes liability for an act from the criminal code, convicted under this article shall be released from punishment.
A guilty person may be released by the court from serving a sentence if his state of health does not allow him to be in a colony. In the case of a mental disorder, the convicted person may be placed in a specialized medical facility, but only by decision of the judicial authority.
Parole and its cancellation
If the convicted person did not violate the regime during the serving of the sentence, worked and respected the prison staff and other convicted persons, and also compensated for the harm caused by the crime, then he may ask for early release.
Art. 397 of the Code of Criminal Procedure of the Russian Federation states that the court, when executing a sentence, resolves issues of parole and its cancellation using Article 79 of the Code of Crimes.
The decisive role for parole for the guilty party will be the opinion of the victim, as well as the prison administration.
The services of a lawyer are not cheap, and not all convicts can afford them, but if you want to achieve parole, they should be used as soon as possible, because employees of the correctional institution prepare documents for a long time.
Parole may be applied by the court only when the guilty person has served the required part of the sentence, which depends on the gravity of the deed.
Rehabilitation
Recognition of the convict completely innocent with the restoration of all his rights is called rehabilitation. In this case, the person must be immediately released from serving the sentence with an apology due.
In part 1 of article 397 of the Code of Criminal Procedure of the Russian Federation, it is expressly stated that the court shall consider questions of the return of all rights to the rehabilitated. In accordance with this, the latter must apply to the judicial authorities with a request for compensation for harm caused to him by unlawful conviction.
Protection
The right choice of counsel at the stage of the execution of the sentence plays an important and even decisive role, because the matter concerns the change in the position of the guilty person.
Preparation and collection of various documents for a lawyer is a familiar job. It will help save time and nerves for an illegally convicted or guilty person who wants to meet his relatives faster.
According to all rules, the services of a lawyer can be provided to a convicted person at the expense of the state if the latter himself asks for the appointment of a lawyer. This is necessary when preparing documents and to obtain qualified legal advice.
In practice, a convicted person is provided with a free state attorney only during the preliminary investigation and in court, before the sentencing. In the event that a lawyer is appointed to protect the accused and convicted by the state, the procedural costs are reimbursed from the federal budget.
Guilty and their children
Unfortunately, it happens that prisoners, both women and men, have children who need their attention and care. This mainly applies to women with young children and in prison. That is why the law establishes that children sentenced to three years of age can remain with their mother if there is a specialized orphanage in the colony. If he is not, then the child must be transferred to the convicted relatives or to the orphanage. If a woman has only one year left before the end of the sentence, then employees of the correctional institution can extend the time spent by the convicted child in the child’s house in places of detention. In a situation where the sentence is long and there are no relatives, the child is transferred to an orphanage.
Probation
If the court appoints a suspended sentence, the convict is also given a probationary period during which the offender will be able to prove his correction outside the prison. Punishment without isolation from society is imposed on the basis of Section 73 of the Code of Crimes.
Matters to be considered by the court in the execution of the sentence, in accordance with article 397 of the criminal procedure code, include the abolition of probation and the extension of the probationary period. This happens when the perpetrator neglects the restrictions imposed on him by the judicial authorities and violates the rule of law.
Change of punishment
The court may change the punishment previously assigned to the guilty if the latter, in various ways, tries to evade him. Subject to change:
- fine - in this case it is possible to replace it with a punishment without imprisonment or with the application of the article under which the person was found guilty;
- corrections - instead of this punishment even arrest or imprisonment is applied;
- compulsory work - for forced, or for isolation from society;
- restriction of freedom is only its deprivation.
Therefore, even after the court has passed a sentence that describes the sentence imposed, there is always the possibility that, if it is not executed, the sentence may be reviewed by the court and changed.
Control over the implementation of these types of sentences by convicts is carried out by special inspections.
Change of type of correctional facility
Perpetrators who serve sentences in one correctional institution may be transferred to another for good or bad behavior (in the presence of various violations). This issue is decided only by the court. The convicted person has the right to appeal to the court through the colony administration or his defender. If the lawyer is state, then the procedural costs for protecting the interests of the convict should be compensated at the expense of state funds.
Guilty can be translated:
- from a colony settlement to a general regime, or vice versa;
- from strict and special regimes to imprisonment.
Female persons and those sentenced to life imprisonment cannot be transferred to prison.