Each convicted person and prisoner, as well as their relatives, has the right to file a petition for pardon. Prisoners often ask the President to commute their sentences and shorten their sentences. However, not everyone has the right to pardon. To perform these actions, it is important to know the specifics of filing an application and who can do this.
Pardon concept
A pardon is a resolution of the President that partially or completely relieves a person from the sentence imposed on him by a court. The right and procedure for pardon are contained in the Constitution of the country, the Code of Criminal Procedure (Article 85) and Decrees of the President of the Russian Federation. The act of pardon is intended to mitigate the punishment. However, its fact does not mean compensation for the executed punishment, for example, payment of a fine or the return of those deprived of awards and titles.
It should be understood that a petition for pardon goes through a long process of checks before it is transferred to the President of the Russian Federation. This is due to the large number of requests and the busyness of the first person of the state. In 2022, applications will be reviewed by the following authorities:
- administration of the penitentiary institution;
- the executive inspectorate, which oversees the location of the convicted person;
- a commission formed in each specific administrative district;
- head of administration;
- President of the Russian Federation.
Before reaching the head of state, the petition is checked by many authorities. However, the decisive, main word belongs to the President of the Russian Federation.
Some convicts believe that pardon is a recognition of their innocence. But you need to know that this is mercy, forgiveness. The petition must convince the President that his decision will cause repentance and abstinence from subsequent crimes by the convicted person.
Notes
- ↑ Spitsyn V.I.
On the issue of pardon // Modern law. - 2002. - No. 12. - ↑ Marogulova I. L.
Legislative problems of amnesty and pardon // Journal of Russian Law. - 1998. - No. 1. - P. 32. - ↑ Dusaev R.N.
Evolution of criminal law in Western Europe and the USA. Tutorial. Part I. - Petrozavodsk, 1999. - P. 97. - ↑ Dusaev R.N.
Evolution of criminal law in Western Europe and the USA. Tutorial. Part I. - Petrozavodsk, 1999. - P. 40. - ↑ Dodonov V.N.
Comparative criminal law. General part / under general ed. S.P. Shcherby. - M.: Yurlitinform, 2009. - P. 403. - 448 p. — ISBN 978-5-93295-470-6. - ↑ 1 2 3 Dodonov V.N.
Comparative criminal law. General part / under general ed. S.P. Shcherby. - M.: Yurlitinform, 2009. - P. 404. - 448 p. — ISBN 978-5-93295-470-6. - ↑ Constitutions of European States: in 3 vols. - M.: Norma, 2001. - T. 2. - P. 20.
- ↑ Constitutions of European States: in 3 vols. - M.: Norma, 2001. - T. 2. - P. 117, 118.
- ↑ 123456
. // Russian newspaper. - 2001. - No. 255, 12/30/2001. - ↑ 1234
Criminal law course. Volume 2. General part. The Doctrine of Punishment / Ed. N. F. Kuznetsova, I. M. Tyazhkova. - M.: IKD "Zertsalo-M", 2002. - ↑ Criminal law of Russia. General part / Ed. V. N. Kudryavtseva, V. V. Luneeva, A. V. Naumova. — 2nd ed., revised. and additional - M.: Yurist, 2006. - P. 478.
- ↑ Decree of the President of the Russian Federation dated January 12, 1992 No. 17 “On the Commission on Pardons”. // Vedomosti SND and VS RSFSR. - 01/23/1992, No. 4. - Art. 154. //
- ↑ (Russian). NEWSru.com - the fastest news (December 24, 2001). Retrieved May 15, 2011. February 7, 2012.
- ↑ 1234567
- ↑ (Russian), Izvestia
. Retrieved June 8, 2022. - ↑ 12
(English). Retrieved June 8, 2022. - ↑ This provision was repealed by Federal Law No. 46-FZ of April 5, 2010 “On Amendments to the Criminal Executive Code of the Russian Federation and Art. 22 of the Law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of imprisonment.”
- ↑ “Neither the Constitution nor the current legislation binds the President’s exercise of his powers to pardon with any formal conditions, which gives him the opportunity to determine the procedure for passing materials and the volume of pardons carried out” - Article-by-article commentary to the Constitution of the Russian Federation / under general. ed. Kudryavtseva Yu. V. - M.: Legal Culture Foundation, 1996.)
- ↑ Pardon // Encyclopedic Dictionary of Brockhaus and Efron: in 86 volumes (82 volumes and 4 additional). - St. Petersburg, 1890-1907.
- ↑ “In addition to the convicted person, relatives of the convicted person, his lawyer, public and government organizations can also apply for pardon” - Commentary on the Constitution of the Russian Federation / L.A. Okunkov. — 2nd supplemented and revised. - M.: BEK, 1996.
- ↑ Diakonov V.V. 2003
- ↑
- ↑
- Ruckman, P.S., Jr.
Executive Clemency in the United States: Origins, Development, and Analysis (1900-1993). - Presidential Studies Quarterly, 1997. - P. 251-271.
Who has the right to mercy?
The Constitution of the Russian Federation (Article 50), Presidential Decree No. 1500 defines the right of persons convicted, who have served their sentences and who have a criminal record, to apply for forgiveness. The request can be granted in relation to citizens who:
- were convicted by the courts of the Russian Federation in criminal proceedings and are serving a sentence in Russia;
- were convicted by a foreign court, but are serving their sentence on the territory of the Russian Federation;
- served the prescribed sentence, but the conviction was not expunged.
Even a citizen who has received a life or long-term prison sentence can file a petition for pardon. Before issuing a pardon or refusing to satisfy a request, the appropriateness of this action will be considered, taking into account the existing factors regarding the life and actions of the convicted person. The applicant will not be pardoned if he has committed the following actions:
- violated the law while on probation;
- repeatedly violated order and discipline in prison;
- was released on parole;
- was previously granted amnesty;
- successfully applied the right of pardon earlier;
- was convicted with a reduced sentence.
Read also: Sample petition to reduce a fine to the tax authority
Persons with minor guilt and those who have committed the most serious crimes have the right to submit a petition for clemency to the President. The chances of a pardon increase if, simultaneously with a petition from a convicted person, a request from a mother or wife is submitted to the President.
Amnesty and pardon: differences
Some citizens confuse the concepts of amnesty and pardon. These are different concepts. First of all, pardon is applied in relation to a specific subject and is never accepted in relation to a group of people. When considering a petition, the person who has violated legal norms is first assessed. General characteristics are not taken into account. Amnesty applies to all offences. Offenses committed at the stage of investigation, legal proceedings and serving the sentence are taken into account. Forgiveness can only be considered for offenders for whom a court decision has already been made. Persons who have served their sentences have the right to have the consequences of their stay in prison removed.
The decision to hold an amnesty in the country is made by the President, but the final resolution in each specific case is authorized to be made by the judicial body. A document of pardon is the final point in the convict’s stay in prison or in the fact of having a criminal record.
Amnesty is applied regardless of whether a person seeks it or not. However, in criminal proceedings, the person’s consent to the application of an amnesty to him is still necessary. To obtain a pardon, an appropriate petition must be submitted.
Typology of pardons
In 2022, pardons can be classified based on their consequences:
- the applicant was released from prison and his sentence was terminated;
- the period of stay in places of detention has been reduced for the convicted person;
- the perpetrator was given a more lenient form of punishment;
- the period of criminal record previously served has been removed.
Another version of the typology is determined by the identity of the submitter of the request for clemency. According to this typology, the following options are distinguished:
- mother's petition;
- Act of the President;
- petition from society;
- petition of the convicted person himself.
The petition coming from the mother is a cry of despair. The desire of a mother to protect her son/daughter from punishment, regardless of the severity of the act committed, is very common. The commissions preferred to accept the application of the mother of the person who violated the law as priority. Experts advise accompanying your own petition for pardon addressed to the President with a letter from your mother. However, recently the effectiveness of the mother’s petition has been gradually decreasing. However, it is better to draft a letter from the mother to enhance the impact of the clemency petition. You can ask a lawyer for a sample document or find it online. If the mother has health problems, certificates about this are attached to her application.
Read also: Drawing up an application to involve a co-defendant in a civil case
A presidential decision to pardon may apply to any person who has been sentenced to punishment. The absence of representations to the President from administrative commissions cannot become an obstacle to forgiveness. As a general rule, a petition is still necessary, as well as a presentation with a conclusion whether to grant the petition or not.
According to practice, petitions are submitted on behalf of the convicted person or his human rights defender. But there are situations when a petition is drawn up from the public. A person who has committed a crime is accepted by the public as innocent, for example, when committing murder in self-defense. In this case, a personal petition is accompanied by a petition from society, i.e. groups of people.
From whom can the petition come?
Pardons are divided into categories that depend on the consequences:
- complete release from prison;
- reduction of length of stay;
- easing the conditions of punishment.
The petition is usually submitted by the following persons:
- from mother;
- from his wife;
- from society;
- from the convicted person.
From a convict
In most cases, the request comes from the convicted person. The chances of acceptance will be lower than if a mother, wife or the public vouched for him, but they still exist. The main thing is that the accused meets the conditions for filing and accurately states the petition with all the necessary information.
From mother/wife
Mothers of all consider their children innocent of committing a crime, so they try in every possible way to justify them. The petition from the mother is always considered by the President as a priority. Therefore, a document from the mother should be attached to the petition. In some situations, the reasons the mother presented may help in obtaining a pardon, but often this is not the case.
A petition from the wife of a convicted person is submitted in the same way as from a mother, and can also affect the final result, especially if there are children together.
From the public
In most cases, the petition is filled out by the convicted person and his relatives, but there are situations when this is done by the public. People come to the defense of the accused in order to acquit him, then they need to prepare a package of documents that will contain a petition for clemency from a group of people or a public organization.
Release procedure
The Criminal Code stipulates that the person filing the petition may be released. Despite the fact that the petition for pardon is addressed to the President, its consideration is extended to several commissions in the constituent entities of the Russian Federation. Pardon is denied for certain reasons. At the first stages, failures are not uncommon. If a person asks for forgiveness for an act that he intentionally committed during the probationary period, he will be refused.
In fact, the fate of the applicant is in the hands of the pardon commissions. Therefore, its participants must make decisions objectively, without prejudice. Members of the commissions are often prominent residents of the administrative district. Most often these are specialists in the field of jurisprudence, figures in the field of politics, art, and business. These citizens make up two-thirds of the total number of the commission. The remaining third are administration employees. This variety is aimed at different emotional perceptions. A charter is prescribed for them in advance, according to which they are obliged to make decisions.
A repeated application for pardon is considered a continuation without initiating a new review. However, you can re-submit your application no earlier than after 6 months. Relatives of the convicted person can exercise the right to apply for pardon. Their letters must be attached to his petition.
Statistics of commuted sentences in the Russian Federation
The statistics of prisoners pardoned by the head of government will seem disappointing to many serving sentences: from 2012 to the present day, only 62 people have been pardoned in Russia.
Over the same period, the United States granted pardon to 190 convicts.
The articles under which pardoned criminals were prosecuted in the Russian Federation were serious, such as murder or intentional harm to health, etc.
The age of those convicted who were released also differs: there are killers after 50 and 80 years old (Valery Gudnikov and Alexander Grudanov).
Thus, the average number of people pardoned per year is about 10 people.
Pardon, as one of the principles of mercy, shows how modern society is ready to perceive people who have stumbled. Regulated by law, it acts as the highest stage of human development.
Video report about the pardon commission:
https://youtube.com/watch?v=WE84SS-aY6c%3Fecver%3D1
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Documents for submitting a request
The petition for pardon should be submitted to the administration of the colony where the convicted person is serving his sentence. Management accepts the request and registers it. Next, the management of the institution is obliged to prepare documentation. To submit an application you need the following package of documents:
- medical certificate about the applicant’s health status;
- notification of the time the court decision comes into force;
- an extract of applications up to this point;
- information on compensation for material damage to the victim;
- a questionnaire filled out by the convicted person;
- characteristics from the institution where behavior, attitude to work and training are assessed, rewards and penalties are indicated;
- health certificate of the prisoner's close relatives;
- petition from the team from the place of employment before conviction;
- extracts from the institution about the need for forgiveness;
- information on parole and amnesty regarding this prisoner;
- presentation from the administration.
Read also: Sample application for appointment of a handwriting examination
Completion of documentation on behalf of the administration should take 10-20 days after registration of the application. The severity of the crime does not affect the result of registering a petition in a correctional institution.
You can ask the colony administration for a sample application form. When registering, please provide the following information:
- FULL NAME. prisoner;
- information about birth and citizenship;
- residential address before imprisonment;
- position and place of employment;
- list of previous convictions (if any);
- previous pardon, release under amnesty or parole;
- information about the sentence;
- the period of the sentence imposed;
- marital status, presence of children, information about them;
- data on participation in military conflicts;
- a list of other important circumstances;
- signature of the head of the institution, date.
The application form must indicate the date of submission.
Have a question for a lawyer
To the President of the Russian Federation _______________________________ (full name)
from ____________________________ (full name of the convicted person)
Petition for pardon
“__”______ ____ by the verdict of ___________________ court (a copy of the verdict (name of the court) is attached on __ pages) ___________________ was found guilty of committing (full name, date of birth) a crime under Part ___ Art. ___ Criminal Code of the Russian Federation, and sentenced to ______________ _____________________. _____________________ sincerely repents of the crime committed, (full name) which is confirmed by _________________________________________________________ (arguments indicating that the convicted person has repented and __________________________________________________________________________ no longer poses a serious public danger) Based on the above and in accordance with Art. 85 of the Criminal Code of the Russian Federation,
on pardon and replacement of _____________________ with a more lenient punishment (options: 1) reduce the term of punishment to ________________________________; 2) release ________________________ from further serving the sentence). (FULL NAME.)
Attachments: 1. Copy of the verdict of the ____________________ court dated “___”__________ ____ (name of the court) 2. ___________________________________________________________________.
"___"________ ____ G.
____________/_________________________/ (signature) (signature decryption)
In accordance with clause 4 of the Regulations on the procedure for considering applications for pardon in the Russian Federation, approved by Decree of the President of the Russian Federation of December 28, 2001 N 1500, the application for pardon is registered by the administration of the institution or body executing the punishment, and in relation to convicted persons involved in investigative actions or in court proceedings - by the administration of the pre-trial detention center (hereinafter - the administration of the institution) in a special journal for recording applications for clemency on the day of its submission. The following documents are attached to the petition for pardon by the administration of the institution: a) a copy of the sentence(s) in accordance with which the convicted person is serving his sentence, and copies of decisions of higher courts regarding the said sentence(s); b) notification of the entry into force of the court verdict; c) a certificate of health of the convicted person; d) information on compensation for material damage caused by the crime (if available); e) a questionnaire indicating the biographical data of the convicted person and information about his marital status; f) information on the results of consideration of previous applications for pardon, if they were submitted earlier and information about this is available; g) a certificate of the application of an act of amnesty or pardon in relation to the convicted person, or of the application of conditional early release from punishment in relation to persons previously brought to criminal liability; h) submission to the administration of the institution with a description of the convicted person, containing information about his behavior, attitude to study and work while serving his sentence, and attitude towards the committed act. A copy of the submission from the administration of the institution is sent to the prosecutor who supervises compliance with the laws by the administration of the institution in which the punishment is being carried out. At the request of the convicted person, other materials that are essential for resolving the issue of pardon may be attached to the petition for pardon.
