If a person serving a sentence for committing a crime in prison has demonstrated exemplary behavior and fully atoned for his guilt to the victim, then he has every reason to receive parole. In this case, a correctly collected set of documents will be your ticket to a free life:
- relevant petition;
- a certificate confirming the registration of the convicted person at the place of residence;
- letter of guarantee for employment;
- positive characteristics.
In this article we will explain in detail the requirements for each document on the list. The convicted person can collect papers independently, with the help of relatives. In this case, you need to remember that incorrectly prepared documents will lead to a refusal to obtain parole. This means that the person will have to remain in prison for at least another six months while waiting for a second request for parole to be sent.
In order to increase the chances of the speedy release of the convicted person, you need to seek help from qualified lawyers. Our specialists will help you not only correctly compose and execute each document, but will also speed up the deadline for collecting them.
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Grounds for parole in 2022
In accordance with the provisions of the current Russian legislation, a person serving imprisonment can count on parole only if the court recognizes that for his correction he does not need to fully serve the sentence imposed by the court.
To make such a decision, the court must take into account:
- Conduct of the convicted person while serving his sentence;
- Compensation for harm caused to the victim;
- The attitude of the convicted person to study and/or work while serving his sentence;
- The attitude of the convicted person to the crime committed;
- The presence or absence of incentives and penalties;
- The presence or absence of positive characteristics.
For proof of reference from the place of work
A reference at the place of residence, which is usually signed by neighbors, may be needed by a person who is going to adopt a foster child or by someone who dreams of being released early from prison.
As a rule, it contains the following information: The body that requested the characteristic (for whom it is written); Full name of the person we are talking about; whether there is a criminal record or not, whether he was brought to administrative responsibility or not (if the district police officer writes); how does this person characterize himself in everyday life, does he participate in the life of the residents of this house, does he fulfill the obligation to pay for utilities, are there any complaints from residents about his violation of the rules of living in the house (if the chairman of the HOA writes); relationships with neighbors, whether there were conflicts (if neighbors write); Signature of the person(s) who compiled the description, seal.
Application for parole in 2022
It is immediately worth noting that there is no single sample or template for an application for parole in Russia. That is, each such appeal to the court requires an individual approach, taking into account the characteristics and specifics of a particular situation.
However, there are some general rules that a well-drafted parole application must meet. In particular, this document must contain the following information:
- Name of the court to which the petition is filed;
- Last name, first name and patronymic of the convicted person;
- Type, name and address of the correctional institution where the convicted person is serving his sentence;
- Information about the sentence passed;
- Information about the sentence served;
- Grounds for parole;
- Request for parole;
- List of documents attached to the application;
- Date of application.
applications for parole in 2022
Note! Either the prisoner himself or his lawyer can draw up and submit an application for parole. Any other persons (for example, the spouse of a convicted person, his children or parents), unfortunately, do not have such a right.
Which convicts are eligible for parole?
As the Criminal Code states, a person serving a sentence in a correctional institution can receive parole by a court decision. To do this, the judge must recognize that the convicted person does not need to serve the full sentence to be corrected. Also, by the time of release, a person must fully compensate for the harm caused as a result of the illegal act.
Important: you cannot apply for parole immediately after being imprisoned. The actual term served should be between a third and three-quarters of the sentence, depending on the severity of the crime committed - but in any case not less than 6 months. Those who received life imprisonment must spend at least 25 years in prison.
The convicted person has the right to submit a request for early release through the administration of the institution in which he is serving his sentence. The correctional institution is obliged to submit this document to the court no later than two weeks from the date of its receipt. The petition must be accompanied by a description of the convicted person, which will confirm the advisability of using parole for this person. When making a decision, the court will take into account the following circumstances:
- the behavior of the convicted person during the term of serving the sentence: whether there were incentives, how the person related to work responsibilities, whether he took part in the public life of the institution;
- chosen place of residence;
- presence of family and relatives;
- employment opportunity.
A person’s lack of registration, relatives or prior employment agreement are not valid reasons for refusing early release. But an incorrectly collected package of documents will definitely lead to a refusal of parole by the court.
Please note that to re-submit documents for parole, the convicted person will have to wait another six months. In this case, the set of papers for the court will have to be collected anew. The risk of refusal will be minimized if an experienced lawyer prepares documents for parole. A specialist will carefully check all the papers you have and help you assemble the maximum set.
Certificate of registration at the place of residence for parole in 2022
Another important certificate that is necessary for parole is a document about the place of residence of the convicted person. Depending on the situation, this could be:
- A copy of the certificate of ownership of the apartment that belongs to the convicted person;
- Certificate from the passport office confirming the registration of the convicted person at the place of residence;
- A receipt from a relative or other person who undertakes to register the convicted person in his/her living space.
receipts
Main documents:
1. Petition from yourself or a lawyer, or from legal representatives.
2. A copy of the verdict, certified and bound
3. Certificate of health (extract from a medical record) - submitted in case of a serious illness or health disorder.
The certificate is issued by the camp's medical authority. As a rule, in the event of a serious illness, the convict is transferred to a medical correctional institution. A book is created for him, from which a health statement is made. As a rule, certificates made in outside hospitals are taken seriously by the courts, so that all issues need to be resolved with prison doctors.
4. Statement of guilty plea (if you denied it at trial, it won’t hurt to file it if guilt was admitted at trial)
It is best if such a paper is submitted about six months to three months before filing an application for parole, otherwise the court may perceive it with skepticism.
5. For those who have a writ of execution (that is, for those against whom enforcement proceedings have been initiated):
- a statement from the convicted person that he asks the administration of the penal colony to transfer a monthly amount of money from the earned funds to repay material damage under the writ of execution
Additional documents:
The documents from the list below are collected according to the principle “the more, the better.” Just keep in mind that there is no point in saving them in advance; if possible, documents as recent as possible should be provided to the court.
1. Certificate of difficult financial situation
Taken in social security, indicates the need for a breadwinner in the family
2. Certificate of pregnancy
Taken in gynecology
3. Certificate of presence of minor children
A copy of the birth certificate certified by a notary is sufficient
4. Certificate of employment or letter of guarantee from the employer
A guarantee of employment can be issued in the form of a certificate from the employer.
Such a certificate must convince the judge that the person will be employed immediately upon leaving the camp and will not be forced to commit a crime again
5. Certificate from the housing office or management company regarding registration or obligation to register at the place of residence
If you have a passport with registration on file, then such a certificate is not required. If you live in a private property, you will need to take a house register; the Housing Office will make an extract from it and certify it with a seal and signature.
If the letter of guarantee is from an employer from a different city than the one in which the convicted person is permanently registered, then an obligation to temporarily register in this city is desirable. For Moscow, for example, this commitment will be necessary. Also, such an obligation will be necessary for a foreign citizen or stateless person if he does not have his own housing on the territory of the Russian Federation.
If you get a job in another city (especially in Moscow or large cities), then in addition to the obligation to provide housing, a certificate from the local department of the Department of Internal Affairs (can be issued by a local police officer, if you agree) will not hurt.
6. Characteristics from neighbors, certified by the Housing Office and the district police officer
As for the characteristics, I can say one thing - the more there are, the better, the characteristics work especially well in the case of crimes due to negligence, as well as minor and moderate gravity.
7. Characteristics from previous places of work
You can take several. For example, from the personnel department, from the workshop manager, from the foreman, from the immediate superior, from the workforce. There are many options. Take from everyone who is ready to meet you halfway.
8. Certificate of health of parents and dependents
It is taken at the local clinic and serves as evidence of the need for care.
9. Statement of pension from the pension fund (for parents)
Also taken if there are no parents, there are only grandparents who need care. Prove the need for a breadwinner
10. Petitions from any enterprises, public organizations, parties, etc.
In essence, they represent ordinary characteristics, but compiled on behalf of a public, labor or other organization.
11. Marriage certificate
Taken from the registry office. Must be notarized.
12. Certificate from the university that he is studying or that he studied with references (if he studied recently)
If the convicted person has not yet graduated from an educational institution or graduated no later than a year or two before the trial
Army characteristics (if you recently retired to the reserve)
If you retired to the reserve a year or two before the court verdict
Letter of guarantee from employer for parole in 2022
The next required document is a letter of guarantee for the convict’s employment after parole.
This document is drawn up by the future employer and must include the following information:
- The name of the organization that undertakes to employ the convicted person;
- Employer's name;
- Full name of the convicted person;
- A position that is offered to a convicted person after parole;
- The amount of future wages;
- The period within which the employer obliges to employ the convicted person;
- Date the letter was written.
letter of guarantee for employment
Characteristics from the place of work on parole sample
- drawn up on the organization’s letterhead;
- includes the employee’s personal data (full name, year of birth, marital status, length of service, position, education, etc.);
- contains a detailed description of business and personal qualities;
- ends with a phrase explaining the purpose of drawing up the document (most often “for presentation to court” or “for presentation at the place of demand”);
- signed by the head of the enterprise;
- certified by a seal (if available).
Full name has established himself as a responsible employee, focused on excellent results, always ready to quickly make innovative decisions and bear responsibility for their adoption and for the actions of subordinates. Ready to work in any conditions, including outside working hours.
Your lawyer
The picture and color test is a fairly common task where you first need to select 4 geometric shapes in sequence (triangle, rectangle, square and circle), and then four colors (green, red, black, blue).
What is exemplary behavior? Obviously, we can say that if a convicted person does not violate the regime of detention and, accordingly, has no penalties, his behavior can be called exemplary. Of course, the presence of incentives indicates that the convict, trying to be released as quickly as possible, is trying to bring this moment closer in the ways available to him (for example, by active participation in public life). At the same time, the convict’s non-participation in any section (amateur organization - detachment collective council, colony collective council, crime prevention section, cultural section, etc.), in amateur performances, etc. is not an indication that the behavior of the convicted person is not exemplary. Not all people are the same: some enjoy being in the public eye and leading a super-active lifestyle, while others find it a burden. Therefore, the general (forcible) involvement of convicts (especially practiced in educational labor colonies) into actives should be regarded as a violation of their rights. By the way, the law (Criminal Code) does not say that the convicted person must or is obliged to take part in public life.
Where can I get a letter of guarantee for employment for approval? Is it possible to buy a certificate
The process begins from the beginning of serving the sentence. Good behavior, a responsible attitude to work, active participation in cultural events and socially useful works, simple adherence to the charter of the GUFSIN institution - all this will allow others to form an opinion about the character and intentions of a person. All actions must show awareness and correction.
According to the principle of social justice, a person guilty of committing a crime must atone for his guilt. Following the humanistic principles of society, a citizen who has realized his guilt and is correcting himself has the right to “forgiveness.” Not a pardon, but a release from the place of serving the sentence.
Name
There are no mandatory requirements for the preparation of characteristics, as well as samples of such documentation. Consequently, arbitrary execution of written characteristics from the place of residence is allowed. In this case, the compiler is the citizen himself or the residents of neighboring apartments: both options do not contradict current legislation. However, the document field displays a number of points that require detailed consideration.
Filling procedure
It was stated above that there are no legislative provisions obliging the provision of such documents, therefore a citizen has the right to refuse the requirement to bring a reference from the place of residence. However, in some life situations, a document can bring real benefits and defend civil rights and interests.
Statements of facts and an objective assessment of business acumen and demeanor help create an image of a stranger. This can be especially useful when disputes arise or a person is accused of breaking the law. An objective description from your place of work to the court will give you a chance to win your case or reduce your sentence. Let's talk about the rules for drawing up characteristics for the court from the place of work, using the examples given as an example.
