In the Russian Federation, pre -trial detention is one of the ways to release persons sentenced to imprisonment and corrective labor from punishment. It applies to entities that, in the opinion of the court, do not need to serve their full sentences. Let us consider in more detail what UDO is and in what cases it can be applied.
General information
So what is parole ? First, this abbreviation should be decrypted. According to the Criminal Code, parole is parole.
In simple terms, this is such a situation when a person sentenced to imprisonment is released before the expiration of the sentence.
Terms
Knowing what parole is , a citizen serving a sentence can change his behavior for the better. For a court to decide on early release, it is necessary that:
- The court, based on the available information, came to the conclusion that the perpetrator of the deed had been corrected during the time he served the sentence.
- The damage caused by the crime is compensated at least partially.
What is parole for a convict? This is a real way not to serve a sentence, but with certain restrictions and conditions.
Application cases
Convicted prisoners can get out of parole by:
- Imprisonment.
- Being in a disciplinary battalion or other similar military unit.
- Forced labor.
In some cases, upon release on parole, an additional sentence may be removed from the convict (fine, for example).
Timing requirements
First of all, you should know that by parole, a court can release a citizen who has served a sentence of at least six months. In addition, the law establishes a number of additional requirements.
So, if the verdict was pronounced in connection with the commission of an offense of medium / slight gravity, it is necessary that at least 1/3 of the term expire. UDO for a grave act is possible after half the period. If the act is especially serious, then at least 2/3 must pass.
In cases of assault involving terrorist activities, rape of minors, illicit trafficking in prohibited substances, a citizen must serve at least 3/4 of his term to apply for parole .
If the guilty person has been convicted of violating the sexual integrity of persons under 14 years of age, conditional release is required to expire by 75%.
The indicated periods include the time during which the perpetrator was detained in a pre-trial detention center prior to the trial. That is why often on parole many are released shortly after the sentencing.
Special cases
If a citizen is sentenced to life imprisonment, he may be released on parole if he remains in prison for at least 25 years. However, there are currently no cases of the release of such convicts under parole . At the end of 2015 - the beginning of 2016, only two attempts to file applications are known. However, in both of these cases they were not satisfied.
Requirements for Released Convicts
Many believe that parole removes all obligations from the culprit. This is far from the case. Release is called parole because a person is released with a number of restrictions. The main one is the obligation not to violate the law.
If during the unexecuted period the subject commits a new criminal or administrative violation, the parole will be canceled, and the citizen will return to serve his sentence.
The court has the right to oblige a person:
- Get treatment for drug addiction, alcoholism or other illness.
- Do not change the place of study, work, residence without prior notification of an authorized employee of the Federal Penitentiary Service, who controls the actions of parole and parole.
- To complete training or find a job.
- Do not visit places determined by the court in the sentence.
This list is not exhausted. At its discretion, taking into account the circumstances of the case, the court has the right to impose other duties on the released person.
Responsibility
In case of evasion by a citizen of the fulfillment of duties imputed by a court decision, as well as in the case of a new act, the previous decision on parole shall be canceled. In this case, if the subject is involved in a new assault, the punishment will be reviewed and assigned based on the totality of sentences.
Meanwhile, there are some exceptions to the above rule. If the gravity of the new act was small or medium, regardless of whether it was deliberately or unintentionally committed, the court has the right to save parole. If the assault was grave or especially grave, you should not count on such relief.
As for evasion, it must be malicious. This means that the subject committed a violation at least three times, while he was warned at least once about the inadmissibility of his behavior.
If the court of UDD has not been canceled, but the citizen’s violations were recorded, administrative sanctions may be applied to him:
- Fine 1-1.5 thousand rubles.
- Up to 15 days arrest.
- Up to 40 hours of compulsory work.
The last punishment may be imposed if there have been two violations throughout the year.
Convict Conduct
The following information is required to release a prisoner in a pre-trial detention facility:
- The opinion of the administration of the place of serving the sentence.
- Information about the behavior of the citizen, the rewards and penalties received, his attitude to training and work.
Of no less importance is information on compensation for the damage caused by the perpetrators, attempts to make amends in any way.
In relation to persons convicted of harassment of children, the court must additionally take into account the conclusion of the medical and psychiatric commission. In practice, even if the sanity of the perpetrator was recognized, he needs to undergo compulsory treatment. A certificate for parole is mandatory.
A prerequisite is compliance by the convict with the regime of the correctional institution. For 3 years, no violations should be attributed to him. If during the time of serving the sentence he commits a grave or especially grave act, the question of his release by parole will not even be considered.
Is it possible to re-apply?
In case of cancellation of the decision on parole, the citizen returns to the correctional institution or continues to serve another imputed sentence. At the same time, he has the right to apply for parole again. The Criminal Code, however, establishes a number of additional requirements for the convicted person.
First of all, the perpetrator must serve at least 2/3 of the imputed term. He will be able to submit a request only after one year from the date of cancellation of the decision on the previous parole.
Legislative changes
The Criminal Code provides for a special, 79th, article on parole . It enshrines the main provisions regarding parole. Relatively recently, some changes were made to the article on parole .
So, the first part includes a mandatory requirement to compensate the perpetrator of the harm caused to them.
The legislator also reduced the time that a citizen must leave, and also specified the period after which persons convicted of violating the sexual integrity of children can count on parole.
Art. 79 in the current edition contains a requirement for an exemplary behavior of the offender for 3 years. Normally, there is a rule according to which the decision on parole is canceled when a person evades compulsory treatment or other medical measures are applied to him.
Currently, courts have the right to preserve parole if a citizen committed a deliberate act. Previously, this issue was decided by the court in the event of an infringement by negligence.
Who can file a petition?
Write a petition for parole:
- Convicted.
- Defender of the culprit.
- Legal representative on behalf of a minor.
Nuance
As mentioned above, the law establishes the requirement for compensation of damage among the mandatory for release. If the court determines that the perpetrator does not have the opportunity to really compensate for the damage, then the issue can be resolved without fulfilling this condition. Such a situation, for example, can happen if a citizen does not have work in the colony, cannot perform labor activities due to disability, etc.
Recognition of guilt by convicts is not required for parole.
Review process
An application for parole (a sample document can be found in the article) is submitted to the administration of the correctional institution. Within ten days, it is sent to the court.
The same court that passed the sentence is considering the application. After receiving the application from the archive, the case is raised. If necessary, the court requests materials from the correctional institution that characterize the behavior and personality of the convicted person. Additional information may be requested at the request of a citizen serving a sentence or his defense counsel (legal representative).
Based on the results of the review, the court either satisfies the application or not. In case of refusal of parole, the application can be re-sent only after six months.
Attachments to the application
A statement on the prisoner and a copy of the sentence certified by the seal of the court must be attached to the request.
If necessary, other documents may also be attached to the application, which confirm that the person has been corrected and can be released on parole. If the defense counsel or the convicted person cannot receive such materials, then at their request the court will send requests to the appropriate institutions.
Redemption
The presence / absence of a criminal record is essential for the convict and the court. The size and term of punishment in the event a citizen commits a new act depends on this.
If a decision has been made on parole, the criminal record is paid on the basis of the time that the offender has served. It means that:
- If a person is charged with correctional labor, a criminal record can be removed one year after release.
- If a penalty was imposed for an assault of small / medium gravity - after 3 g .; grave - after 8, and especially grave - 10 years.
The specified procedure applies only to the main punishments. If the court appointed UDO while retaining the additional sanction, the term for the removal of the criminal record will begin after the end of the period for which it was imputed.
Early withdrawal
It is possible under certain conditions. In particular, the perpetrator must behave impeccably after serving his term and make amends for the damage caused to the victim.
The decision to remove a criminal record is taken solely by the court.
Features of the content of the application
The application for parole should first of all include a description of the administration of the correctional institution about the personality and behavior of the convicted citizen. In addition, the application must also contain other data confirming the possibility of appointment of parole.
For example, the statement includes (or is attached as a separate document) the conclusion of the authorized bodies that the subject has recovered, does not pose a threat to society and serving the entire term is inappropriate.
Confirmation of compensation for harm caused to the victim may be a statement by the victim of the act. It is compiled in free form. The statement must contain the phrase that the victim has no complaints against the convicted person.
It is worth saying that the petition can be sent to the court without notifying the guilty person who is serving the sentence. Current legislation allows this possibility.
Additionally
If at the time of receipt of the application by the court, the convict was transferred to another correctional institution, the application is examined at the address of his actual location. Consequently, the case file must be referred to the appropriate judicial authority.
When considering the application, the opinion of the victim is also taken into account. The convict or his defense counsel sends him a letter. In it, he can apologize for what he has done, repent, promise to compensate for the damage caused, etc. The victim’s response should be attached to the application.
Another circumstance that must be taken into account by the judicial authority is the composition of the family of the convicted person. If the guilty person has dependent minors, the probability of satisfaction is higher.
When considering an application, the presence of a place of permanent residence, communication with relatives is taken into account. The further behavior of a citizen released on parole may depend on this.
The court does not have the right not to accept the petition for consideration. He may return improperly executed materials by setting a deadline for their re-submission. It is not possible to reduce the outstanding sentence if the application is granted.
Based on the results of consideration of the application, the court makes a decision. It describes the reasons why the decision was made. The decision should contain information about the entities that will exercise control over the behavior of the released person. A copy of the decision shall be sent to the body authorized to execute the sentence.
Conclusion
The domestic criminal system is considered one of the most humane in the world. The Criminal Code has various possibilities for improving the situation of convicts. However, their implementation in all cases depends on the guilty citizens themselves who are serving their sentences.
The judicial authority has the right to satisfy the application for release on parole if, based on the results of the study of the materials received, it has no doubt about the correction of the convicted person. The decision of the court must be motivated and based on law.
Persons released on parole must abide by the court’s instructions; otherwise, the parole will be canceled, and the term will be increased in the aggregate of sentences. There is, of course, the likelihood of avoiding severe punishment in the event of a minor (by the standards of criminal law) misconduct. However, in this situation, the subject will be charged with administrative sanction.