Today, a huge number of people convicted under articles of the Criminal Code related to drug trafficking are serving their sentences in the colonies of the Federal Penitentiary Service of Russia. According to judicial statistics, almost a quarter of the entire prison population in Russia are convicted under “narcotic” charges. In absolute numbers, this is about 130-140 thousand people. At the same time, many prisoners under Art. 228 of the Criminal Code of the Russian Federation imposed very significant terms of imprisonment.
It is no secret that each of them dreams of being released before the end of his sentence, i.e. on parole.
How to get out on parole under Art. 228 of the Criminal Code of the Russian Federation? This is exactly what we will talk about in our next article on the “Condition” website.
How soon can I apply for parole?
First, a little legal theory. Below we will indicate the deadlines after which those convicted under the most popular drug offenses receive the formal right to apply for parole.
Article 228 of the Criminal Code of the Russian Federation (storage, transportation, production without the purpose of sale):
- Part 1 art. 228 – after serving 1/3 of the term
- Part 2 Art. 228 – after serving 3/4 of the term
- Part 3 Art. 228 – after serving 3/4 of the term
Article 228.1 of the Criminal Code of the Russian Federation (drug sales):
- For all parts of this article - after serving 3/4 of the term, and in the case of appointment under Part 5 of Art. 228.1 of the Criminal Code of the Russian Federation life imprisonment - after serving at least 25 years of imprisonment.
Example: citizen K. was convicted under Part 1 of Art. 228.1 of the Criminal Code of the Russian Federation to 6 years in prison. He can apply for parole after serving 4 years and 6 months, including time spent in a pre-trial detention center
Article 232 of the Criminal Code of the Russian Federation (organization and maintenance of a drug den):
- Part 1 art. 232 – after serving 1/3 of the term
- Part 2 Art. 232 – after serving 3/4 of the term
- Part 3 Art. 232 – after serving 3/4 of the term
Following the trend of tightening penalties for crimes related to drug trafficking, the legislator has increased the deadlines for the possible filing of an application for parole for those convicted of serious or especially serious drug crimes. So, if a person convicted of murder can count on early release from prison after serving 2/3 of his sentence, then a person convicted of drug trafficking can count on an early release from prison after serving 3/4 of his sentence.
If you find it difficult to independently calculate the exact period after which you can apply for parole, ask our lawyers and get a guaranteed answer.
Is parole possible under Article 228?
You need to start preparing for parole in advance - it would be good immediately after detention. Practically, the entire period before the expiration of the required period is the preparation stage. At this stage, collect all possible documents - certificates, store receipts, letters, medical papers, and so on. Keep a small diary in which you enter the main milestones of your correction - everything that can help in preparing an application for parole.
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Stages of the parole process
On average, in Russia no more than 46% of applications for parole are granted. Our result is almost 80% of successful applications. In other words, we almost double your chance of release.
- under part one of Article 228 of the Criminal Code of the Russian Federation, the term of imprisonment may be imposed for a period of up to three years;
- Part two of the article in question allows imprisonment for a term of three to ten years;
- under part three of Article 228 of the Criminal Code of the Russian Federation, punishment can be imposed for a period of ten to fifteen years in prison.
Chances of parole under Art. 228 of the Criminal Code of the Russian Federation
The likelihood of early release depends on many factors. First of all, this is the severity and factual side of the crime. Most often, citizens who have no previous convictions and are serving a sentence for possession without the intent to sell are released on parole.
The characteristics issued by the colony administration are also very important. If it is negative, the convict’s chances of being granted parole are reduced. Despite the fact that the court is not bound by the opinion of the penal colony administration on the advisability of applying parole to the prisoner, this opinion is always taken into account.
Health status is also an important factor that the court pays attention to when considering a petition. If a convicted person develops or worsens serious illnesses while serving his sentence, this can greatly contribute to a positive decision on early release.
In conclusion, I would like to advise all prisoners under Article 228 and their relatives not to despair. As practice shows, a very significant number of convicts manage to get a lucky ticket in the form of a court ruling on parole. Go for it - and maybe you will get lucky!
If you have any specific questions about the procedure for applying for parole under Art. 228 of the Criminal Code of the Russian Federation, collection of documents, etc. – ask our lawyers and receive a guaranteed answer as soon as possible:
How to submit a petition
Refusal to satisfy a request for parole on grounds that are not in the law, such as, for example, non-admission of guilt, short length of time served, social danger of the act, its consequences, etc., is illegal.
Consideration of the petition by the court
For example , a person is convicted of crimes under Art. 330 and 105 of the Criminal Code of the Russian Federation, for each of them a punishment was imposed. By partial addition of the imposed sentences, 15 years of imprisonment were finally determined to be served. This term, and not the one assigned for each crime, will be taken into account when calculating the mandatory portion of the term. The most serious act - according to Art. 105, classified as especially grave acts. Therefore, the rules for this category will apply, that is, to be released on parole you need to serve a minimum of 2/3 or 10 years.
When is it possible to apply for parole under Article 228 of the Criminal Code of the Russian Federation? The conditions that must be met to receive parole are regulated by Article 79 of the Criminal Code of the Russian Federation and apply to those convicted of drug trafficking. The general requirements for parole when serving a real prison sentence are as follows:
- When the right to parole becomes available, you must file a petition to the judicial institution at the place where the sentence is served;
- when considering the application, an opinion is requested from the management of the correctional institution on the advisability of release from serving the sentence;
- To consider the petition, the court is obliged to examine all the evidence presented - certificates of the convicted person’s behavior, documents on incentives and penalties while serving the sentence, etc.;
- If the petition is granted, the court releases the convicted person from serving the remaining part of the sentence while simultaneously establishing control over his behavior by the authorized government agency.
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Parole under Article 228 part 2 in 2022
Russia provides for criminal liability for the storage, transportation and trafficking of narcotic drugs. Every year, thousands of Russians go to prison under the “anti-drug” Article 228 of the Criminal Code of the Russian Federation and receive sentences ranging from 2 to 15 years.
- not less than a third of the term that was assigned during the trial for acts that can be classified as minor and moderate gravity;
- if the citizen has already served half of the punishment for the committed act, which is classified as serious;
- if the citizen has already served two-thirds of the sentence for a crime of a particularly serious nature;
- if the citizen has served two-thirds of the sentence and was previously released on parole, but then it was revoked due to existing grounds;
- if the citizen has already served three-quarters of the sentence that was assigned to the citizen for committing an act against the sexual integrity of minor children, as well as for crimes that are of a grave and especially grave nature, related to the sale of drugs and substances that have psychotropic properties;
- no less than four-fifths of the term given to a citizen for an assault on the sexual integrity of persons under 14 years of age.
4. A citizen who is serving a life sentence can also receive parole, but only if the court considers it necessary and has good reasons for making such a decision. Such a convicted person can receive parole only if he has no serious penalties during the previous three years. If a citizen who is already serving a sentence for a criminal act that is of a grave or especially grave nature commits a crime again, then parole no longer applies to him.
Changes that affected those convicted of serious crimes
According to many people, if a citizen has committed a serious crime, then he does not have any leniency and therefore cannot be released early. But this does not depend on ordinary people, but on judges who consider each specific case separately, weigh the pros and cons and make a very important and responsible decision. Therefore, the new changes that affected the conditional and early release of a citizen from prison must be explained. Of course, not everyone can count on parole, because obtaining it requires certain grounds.
Acts provided for in parts one, two or three of this article, committed: a) by an organized group; b) by a person using his official position; c) by a person who has reached the age of eighteen, in relation to a minor; d) on a large scale, - Popraka 2022 Article 228 Part 2 The Council decided at meetings of the State Duma on Fridays to consider bills in the first reading in accordance with Part 7 of Article 118 of the Rules of Procedure of the State Duma at a fixed time (17 hours 30 minutes).
- criminal fine – up to 40 thousand rubles. or in the amount of the income of the guilty person for a period of up to three months (this type of punishment is provided for in Part 1 of Article 228 of the Criminal Code of the Russian Federation, and is applied only when the amount of drugs transported is significant);
- compulsory work;
- correctional work;
- restriction of freedom;
Article 228 part 2 of the Criminal Code of the Russian Federation - latest amendments and sentences
c) at least two-thirds of the term of punishment imposed for a particularly serious crime, as well as two-thirds of the term of punishment assigned to a person previously released on parole, if parole was canceled on the grounds provided for in part seven of this article;
Such measures are also applied as a matter of priority to cancer patients, pregnant women and disabled people, citizens who are raising children under 18 years of age or in need of support and care, and participants of the Second World War. How many will be released in 2022? According to the results of the statistical report, in 2022 there are about 800 thousand people in state custody in prisons.
To freedom with a clear conscience: terms for parole
- The convicted person does not comply with the requirements of the court (does not get a job, does not undergo treatment, does not notify the regulatory authorities about a change of residence).
- The citizen committed an administrative offense (fight, drinking alcohol, petty hooliganism).
- A citizen has committed a serious crime intentionally or through negligence. The parole is revoked and the offender is given a new punishment.
- If a minor crime was committed due to negligence, then the issue of revoking parole is decided by the court.
- The management of the correctional institution recognizes that the convicted person no longer needs to serve the assigned sentence.
- Material damage is compensated in full.
- The criminal realized his guilt.
- The convicted person served part of the sentence, but not less than six months.
- The prisoner was diagnosed with a serious illness that cannot be cured in the prison hospital.
- The criminal was found to have a severe mental disorder that required correction in specialized psychiatric hospitals.
- The prisoner was assigned disability group 1.
Detailed information is collected in the following articles:
- 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 to the illicit trafficking of 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;
The legislation of the Russian Federation provides the opportunity for those sentenced to real imprisonment to receive conditional early release (hereinafter referred to as parole) from further serving their sentence, provided that they have proven that for their correction they do not need to serve the full sentence imposed by a court verdict.
Today, a huge number of people convicted under articles of the Criminal Code related to drug trafficking are serving their sentences in the colonies of the Federal Penitentiary Service of Russia. According to judicial statistics, almost a quarter of the entire prison population of Russia are convicted under “narcotic” articles. In absolute numbers, this is about 130-140 thousand people. At the same time, many prisoners under Art. 228 of the Criminal Code of the Russian Federation imposed very significant terms of imprisonment.
How much of the sentence must be served in order to be released on parole?
2. Conditional early release can be applied only after the convicted person has actually served: at least half of the sentence imposed for a serious crime (clause b) of Part 3, Part 4 of Art. 79 of the Criminal Code).
If a person is convicted of a combination of crimes of different categories of gravity or a set of sentences, then when deciding on parole from serving a sentence or replacing the unserved part of the sentence with a more lenient type, one must proceed from the final term of punishment assigned in the totality. When calculating from this period that part of it, after the actual serving of which it is possible to apply parole or replace the unserved part of the sentence with a more lenient punishment, the courts should apply the rules provided for in paragraphs a, b, in part 3 of Article 79, paragraphs two, three , fourth part 2 of article 80, article 93 of the Criminal Code of the Russian Federation for the most serious crime included in the totality (paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of April 21, 2022 No. 8 “On the judicial practice of parole from serving a sentence, replacement of the unserved part punishment with a more lenient type of punishment").
New amendments to the law on the release of convicts
- A juvenile offender is not a danger to society.
- The teenager repented of his crime.
- The victim does not object to the use of parole.
- The minor has serious health problems.
State Duma amendments to Article 228 of the Criminal Code of the Russian Federation 2020
Often, a real prison sentence is accompanied by satisfaction of the victims' claims or a fine. This applies to sentences related mainly to “economic” or corruption articles of the Criminal Code.
12 Apr 2022 vektorurist 1156
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Legal advice on criminal law - Article 228 part 2 - suspended sentence no previous convictions
79 of the Criminal Code of the Russian Federation, the issue of canceling or maintaining parole will be decided by the court. You may also be sentenced to a cumulative sentence, i.e. the punishment imposed by the last court sentence will be partially or fully added to the unserved part of the punishment by the previous court sentence. The final punishment for the totality of sentences will be greater than the punishment imposed for the newly committed crime, as well as the unserved part of the punishment under the previous court verdict. No, the sanction of this article provides for actual deprivation of liberty.
What does deferred execution mean for a drug addict?
The presence of a document issued by operational employees stating that the person was a freelance agent who helped expose persons who traffic in narcotic drugs can greatly influence the suspended sentence. This factor greatly influences the court and can greatly help in assigning a suspended sentence.
If a citizen has not committed any offenses during the probationary period, he may qualify for early expungement of his criminal record . To do this, he must submit a corresponding petition to the court.
In order to find out the formal deadline for filing an application for parole, it is necessary to determine the severity of the crime, which is determined by the upper limit of the term of imprisonment under this article (Article 15 of the Criminal Code of the Russian Federation): Currently, it is quite possible to be released on parole if you take into account certain specifics and prepare for the formal the deadline for parole in advance.
Colony settlement parole
and the fact that there was a case in another court, a hundred kilometers from us, is none of our business! We’re not in America and we don’t judge people by other criteria! let them release ⅓ each, and we will give two-thirds. It’s realistic to leave the village earlier, on parole or something like that. Here are some of them.
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Of course there is a chance of being released on parole. It is necessary to serve the part of the sentence established by law (taking into account that there are serious articles) of at least half of the entire term, and then, independently or through a defense lawyer, apply for parole, which is considered by the court at the place where the sentence is served. To be released on parole, it is necessary to serve part of the term established by law, the absence of violations (the administration of the place of detention writes its conclusion to the court) and compensation for harm (if established by court decisions). If the damage is not compensated, they will not be released. If you have any questions, please contact me, I will be happy to help! Good luck !
Under such conditions, a person who stores drugs for personal consumption is equated in terms of the severity of this crime to persons who have committed crimes in the field of drug trafficking in organized forms (in accordance with the Criminal Code of Russia, liability for participation in a criminal community (criminal organization), which is the highest form organized crime (part two of Article 210 of the Criminal Code of Russia), is provided for in the form of imprisonment for a term of up to ten years, a similar sanction is for illegal possession without the purpose of selling narcotic drugs and psychotropic substances on a large scale (part two of Article 228 of the Criminal Code of Russia).
How long do you need to serve to be released on parole?
Hello, I have a question, my dad was given 3 years for Art. 111 Part 4, 222 Part 1 and 33 Part 5) I have already served 2 years) 2 years were given for 111 and 1 year for 222) since 111 does not fall, but He served 2 years for it, can he get an amnesty? After all, they don’t give 3 years for 111, and he said where he lives due to negligence, since they were neighbors) And if not, then if the case is filed for appeal, not by him, but with whom he was in a gang (now not a gang) Can I apply for parole when I turn 2 years old? Help me please…
Good afternoon. If you served 1 year in a pre-trial detention center and are given 4 years of general regime, then how long will you have to serve, taking into account parole) and how to calculate? first calculate 2/3 and then subtract a year in pre-trial detention center (and will a year and a half per year in pre-trial detention center be applied??)
The wiretap is canceled
In accordance with Article 175 of the Criminal Executive Code of the Russian Federation, a convicted person who may be subject to parole and his 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.
— Crimes of medium gravity are considered intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty, exceeds three years of imprisonment.
Collegium of Advocates
Amendments to parole in 2022. Art. 79 of the Criminal Code of the Russian Federation provides for conditional early release (PAROL) if conditions are met. Next year, it is expected that several changes will be made to the legislation on the issue of granting amnesty to those convicted of committing crimes earlier than the previously established period. This is evidenced by statements from the Russian Ministry of Justice. What amendments are planned to be made to the law and how will release be implemented under the new Criminal Code of the Russian Federation?
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 case of a crime committed through negligence or an intentional crime of minor or medium gravity, if the court revokes parole.
Hello Veronica. Within the sanction of the article, he faces 8 to 15 years. If he cooperates with the investigation, maybe at least 8 years, but everything is at the discretion of the court. The presence of positive traits and an admission of guilt is already a plus. ________________________________________
Have a nice day! Please tell me about the situation. what awaits me? Is a suspended sentence likely if charged under Article 228 Part 3? Dmitry D If, having imposed correctional labor, restrictions on military service, detention in a disciplinary military unit, or imprisonment for up to eight years, the court concludes that the convicted person is able to be corrected without actually serving the sentence, it decides to consider the imposed punishment suspended. The sanction of the article is from 10 years. If there is punishment, it will be real. ________________________________________
Conditional early release from serving a sentence (Parole) , according to Article 79 of the Criminal Code of the Russian Federation, implies that a person serving detention in a disciplinary military unit, forced labor or imprisonment is subject to parole if the court finds that for him correction, it does not require full serving of the sentence imposed by the court, and also compensates for the damage (in whole or in part) caused by the crime in the amount determined by the court decision. Conditional early release can be applied only after the convicted person has actually served: 1) at least one third of the sentence imposed for a crime of minor or moderate gravity; 2) at least half of the sentence imposed for a serious crime; 3) at least two-thirds of the term of punishment imposed for a particularly serious crime, as well as two-thirds of the term of punishment assigned to a person previously released on parole if the parole was cancelled; 4) 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 to illegal drug trafficking, and this is: parts 2,3 p.228, parts 1-5 art. 228.1 of the Criminal Code of the Russian Federation. But the term of imprisonment actually served by the convicted person cannot be less than six months.
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When considering a convicted person’s request for conditional early release from serving a sentence, 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, including available incentives and penalties, the attitude of the convicted person to the committed act and the fact that the convicted person is 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 of the correctional institution on the advisability of his parole. Also, a person serving a life imprisonment can also be released on parole if the court finds that he does not need to further serve this sentence and has 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 has not committed malicious violations of the established procedure for serving the sentence during 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.
What will happen if during the remaining unserved part of the sentence: the convict committed a violation of public order, for which an administrative penalty was imposed on him, or maliciously evaded the fulfillment of the duties assigned to him by the court when applying parole, as well as forced sentences imposed by the court measures of a medical nature, the court, upon presentation, may decide to cancel parole and execute the remaining unserved part of the sentence; the convicted person has committed a crime through negligence or an intentional crime of minor or medium gravity, the issue of revoking or maintaining parole is decided by the court; 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 the Criminal Code of the Russian Federation. According to the same rules, punishment is imposed in the case of a crime committed through negligence or an intentional crime of minor or medium gravity, if the court revokes parole.
Based on paragraph “d” of Part 3 of Article 79 of the Criminal Code of the Russian Federation, those convicted of grave and especially grave crimes related to the illicit trafficking of narcotic drugs and psychotropic substances, that is, under Part 2 of Article 228 (purchase and storage without the purpose of sale), as well as in parts 1-5 of Article 228.1 of the Criminal Code of the Russian Federation (Part 1 of Article 228.1, Part 2 of Article 228.1, Part 3 of Article 228.1, Part 4 of Article 228.1, Part 5 of Art.
Parole is a chance for a convicted person to leave prison early. If you were convicted under Art. 228 of the Criminal Code of the Russian Federation, sentenced to prison or forced labor, do not despair. If a number of conditions are met, you can qualify for parole.
The wiretap is canceled
An acquaintance of mine is a citizen of Kazakhstan; he was detained in Samara and convicted there under Article 228, Part 30, Clause 1. And - upon - the expiration of what period of 15 Criminal Code. 1. Depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes.
Coercion can be physical, mental, material. Coercion deprives the perpetrator of the opportunity to act freely of his own free will, which to a certain extent frees him from full responsibility.
Udo for 228 hours 4 in 2022
Can parole be denied in 2022? If we look at statistical studies conducted by Russian human rights activists, we can see that the number of people released on parole has decreased significantly.
Parole for 228 h 4 in 2022 amendments
- repented, corrected themselves and realized their guilt;
- fully compensated the damage caused to the victim;
- have served a term commensurate with the gravity of the committed act;
- Relatives, friends and colony staff characterize you positively.
- full - provided when the convicted person is serving only the main sentence;
- incomplete - parole can be applied to the main term, and the additional convict continues to serve in prison.