All people seem to be the same, but kind of different. The circumstances that may lead to the commission of the crime are also completely different, and it is possible that during the trial they will not be taken into account by the investigator or the court, and it will turn out that the imputed punishment is completely disproportionate to the offense. In such cases, there is a great chance to mitigate the punishment through a petition for clemency.
General information
If the appeal to any appeal did not help, then there is still hope - filing a petition to the guarantor of the country. Legislation allows the president to single-handedly decide on the release of a citizen of a country from criminal punishment.
The pardon may be full or partial. However, by decision of the head of state, it is impossible to reverse the consequences of the punishments already embodied in the action. For example, one cannot deprive a prisoner of insignia or awards.
Motives for clemency and denial
It is very important to understand what the actual reasons for asking for clemency will help the president to be forgiven. They can be based on the following:
- serious services to the state;
- primary criminal record;
- poor health of the person asking for clemency;
- intercession for a prisoner by the public or loved ones;
- advanced age;
- the discovery of facts that were not taken into account in the sentencing, trial and so on.
The pardon is unambiguously denied to the person who committed the crime during the period of serving the term of probation. Reject petitions from the following citizens:
- if the applicant was previously subject to an amnesty;
- if in respect of a citizen a decision on pardon was previously made;
- if mitigating measures have already been applied to the face.
They will not consider applications from prisoners who repeatedly violated the rule of law in prison.
Who has the right to appeal to the head of state
Any citizen has the right to petition the president of Russia. Even those sentenced to life imprisonment or who have received a long term of detention are not deprived of this right.
The decision by the head of state is taken individually. It considers all the facts that may affect decision making.
Difference from amnesty
Two concepts - “amnesty” and “pardon” - have a number of distinctive features. Amnesty applies to individuals who are selected according to general classification criteria. The decision on pardon is taken solely in relation to a specific person, that is, it has a subjective character.
The amnesty applies not only to persons in respect of whom the criminal proceedings have already been completed and a court decision has been passed, but also to those against whom an investigation is still ongoing. A pardon is permitted only in cases where a court decision has been issued against a person.
After satisfaction of the petition for pardon, an act is issued that is the basis for release from places of deprivation of liberty. If a person falls under amnesty, then additional decisions, decisions are made and a certain procedural procedure is carried out.
Classification
Depending on the consequences, the following types of pardons are distinguished:
- with a decrease in the length of the sentence;
- complete release from isolation;
- change of punishment to less severe;
- oblivion of criminal record.
Four types are distinguished depending on the initiator of the request:
- Presidential Served on behalf of officials of administrative and territorial units.
- Maternity petition for clemency. Such treatment in practice is most often served. After all, any mother, regardless of the degree of guilt, loves and will protect her child. Such appeals are submitted to the Presidential Clemency Commission and are always a priority over other types of petitions. It is precisely on such appeals that positive decisions are most often made.
- Personal.
- Public.
Review procedure
Naturally, the president of Russia cannot consider all petitions and delve into every situation. Therefore, until the moment a document hits his desk, he goes through a series of instances.
First of all, a petition for clemency falls to the head of the institution where the applicant is serving his sentence. Then, the application is submitted to the criminal-executive inspection, which oversees a specific correctional institution. After this, the application is considered by a special commission, which forms its opinion on the received document on the possibility of making a decision on pardon. Such a commission is created at the local level and should consist of individuals who have an impeccable reputation.
Only after this, the request falls into the presidential administration, and then to the guarantor himself.
How to make a petition?
How to write a petition for clemency to the president? The document can be executed by hand and in free form.
An exemplary document structure is as follows:
- in the upper right corner the data of the recipient and the applicant are registered;
- Title of the document;
- a brief description of the situation in which the applicant was convicted, under what article of the Criminal Code and where the sentence is serving, the term;
- the essence of the request and the reasons that give grounds for pardon;
- indication of sincere repentance;
- if there is a positive characteristic of places of deprivation of liberty, then this should be mentioned.
At the end of the text indicates the date of compilation, put a signature and name. You can list any facts that can really contribute to a positive resolution of the petition.
Sample petition for clemency to the president of Russia
To the President of the Russian Federation
Putin V.V.
(from) the convicted person - Name
(serving his sentence) ... number and address ...
year of birth ...
sentenced to ... years
by court verdict ... district ... city
A petition for clemency.
I ask you to have mercy on me, having released me from serving my sentence.
I am convicted of ... (brief description of the situation). I committed this crime while intoxicated.
I fully admit my guilt and repent. The victim (name) forgave me and also makes a petition for my pardon.
Of the ... years I have been assigned, I have already served ... years. During this time, I did not violate the regime, I showed myself on the good side, I have 6 rewards. There are no vacancies in the institution ... therefore, it is not currently employed.
During the period of serving his sentence, he acquired the following diseases ... which I suffer from to the present.
The mother, who is already ... years old, remained at large, and she needs constant care. We have no other relatives, she raised me herself. With my wife I have a child who is ... years old, so she cannot get a job.
After the pardon, I undertake to lead a respectable lifestyle and not to break the law anymore.
During the time it took to serve my sentence, I managed to rethink my behavior and change my life priorities. Now I clearly understand that freedom and family, an honest lifestyle - this is the main happiness.
Please release me from further serving my sentence or apply a probationary period to me.
Applications
Signature, name, date of preparation of the document.
Naturally, this is an example of a petition for clemency. Each person has his own situation. The main thing is not to deceive or ask for unreal things.
Applications
Documents to be attached to the application are prepared by the administration of the place where the convicted person is serving his sentence.
This package includes the following documents:
- information on whether material damage is compensated to the injured party;
- information about other periods of serving in the colony, whether an amnesty had previously been applied to the applicant and whether there were decisions on parole;
- information on whether a petition for clemency was previously filed; if so, what was the result after its consideration;
- medical certificates from the relatives of the convict, if there is a link in the text of the document to their poor state of health;
- description of the convict;
- medical report on the condition of the convict himself;
- brief information about the crime committed and the court sentence;
- statement of the injured party about the forgiveness of the convicted person (if any);
- personal data of the applicant.
And the last document to be attached to the petition is a presentation of the clemency by the prison authorities.
The entire procedure for the collection and execution of documents of the administration of the colony is allocated from 10 to 20 days. This date is counted from the moment the petition was submitted and registered.
Sample petition to the president for a pardon on behalf of the mother
To the President of the Russian Federation
Putin V.V.
from (name) living at ...
year of birth...
Petition for clemency.
(Date) by the court ... my son was convicted - full name, ... year of birth, for ... under article ... And sentenced to ... years of imprisonment. At the moment, my son has already left ... years ... months.
Please pardon my son ... Name for the following reasons:
- he is brought to criminal liability for the first time, had not previously been seen in reprehensible behavior;
- convicted name says in his letters that he fully realized his guilt and repents;
- at the time the crime was committed, my son was intoxicated;
- I myself am very sick and need care, I am a disabled person of group 1, recently suffered a heart attack;
- besides my son (name) I have no other children and relatives, therefore there is no one to look after me;
- during the period of serving the sentence, my son fell ill with tuberculosis and needs surgery;
- other grounds are prescribed that may affect the adoption of a positive decision.
Based on the foregoing, I ask you to have mercy on my son and release me from further serving my sentence.
Date of compilation, signature, name of mother.
Features
How to write a petition for clemency and get it? In fact, despite the fact that such requests are made quite often, positive decisions are still very rarely made. In fact, although the president makes a decisive decision, the pardon commission, which is formed in each administrative-territorial formation, is actually considering the application. It is the members of this commission that make the decision and give recommendations on pardon or on rejecting the petition.
But, despite all this, you should always hope for the best. Moreover, mitigation of punishment is possible in relation to any guilty person, even those sentenced to life imprisonment and with the longest possible term have the right to apply.