Conditions of release on parole
Russian legislation establishes a number of requirements for applicants for parole:
- The time served must not be less than six months.
- An application for parole must be submitted through the administration of the penal colony.
- The administration must send the petition and character reference of the convicted person to the court within 2 weeks.
- The characteristics indicate the expediency of release, taking into account the behavior of the prisoner in the colony.
- The court must examine the prisoner's marital status, housing availability, and employment opportunities. An advantage would be to provide the court with a document certifying the employer’s readiness to hire the convicted person.
Parole can be denied, but not on the basis of lack of registration or employment. If you refuse, you can resubmit your application after six months, again attaching a list of documents.
How to write correctly?
The Labor Code of the Russian Federation (LC RF) does not stipulate a strict form for writing a surety bond, but there are some mandatory nuances. Failure to comply with these provisions will result in the paper being invalidated.
Despite the absence of a standard form, the form of a letter of guarantee for employment must comply with the following rules:
- registration takes place on a special form from the employer.
In the upper left corner of the sheet there is a serial number, as well as the date of its preparation.- The upper right corner is occupied by the recipient's address. In some cases, the phrase “at the place of requirement” is written in this place.
- The name is indicated in the middle of the sheet.
- Next comes the main text. It must include the name of the employer's organization, the applicant's position, his salary, and social guarantees. The dates or time periods of the employee’s return to work and employment are also indicated. Penalties imposed in the event of failure to fulfill the obligations of one of the parties are specified.
- At the end, the signature of the accountant and the manager, as well as the seal of the organization, is affixed.
Attention ! The signature of the company's accountant is optional, but desirable. It confirms the intention to pay the established salary. It is necessary to check the availability of the date of compilation.
The paper is valid for three years from the indicated date.
To give the obligation legal “weight” when drawing up the text, it is necessary to refer to the articles of the Labor Code of the Russian Federation. Depending on the destination of the document, different clauses will be required.
- Often in the warranty obligation there are references to Art. 65, 68 Labor Code of the Russian Federation. They describe the hiring process. They contain references to the required documents, including a letter of guarantee.
- A reference to Art. 64, which describes the right of an applicant to defend his employment in court.
Article 80 contains information about the termination of an employment contract and the role of the guarantee obligation in this case.- The list of everything necessary for foreign workers is given in Art. 327 clause 3 of the Labor Code of the Russian Federation.
- When registering an obligation with a graduate, you must refer to Art. 96 Labor Code of the Russian Federation.
Important! For a document to have legal force, references to the Labor Code of the Russian Federation are not enough. The text must contain the words: I guarantee, I undertake, I assure, and so on.
Below is an example document:
Sample: letter of guarantee of employment from the employer.
The photo shows the completed letter:
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Application for parole in 2022
The requirements for drawing up an application for parole are specified in Article 175 of the Penal Code of the Russian Federation. They relate to the preparation of any petitions. The text of the document must indicate:
- Name of the court.
- Full name of the convicted person.
- Data from the penal institution.
- Information about the court verdict.
- Time served.
- Data on compensation for damage (partial or full) and repentance of the convicted person.
- Attitude to the regime, work, behavior of the convicted person.
- Request for release on parole.
- List of attached documents.
- Date and signature of the applicant.
The correctness and completeness of the specified data are key factors in the consideration of the petition by the court.
Sample application
Certificate of registration at the place of residence for parole in 2022
Documents for parole include a certificate proving the convicted person has a place of residence. This is necessary to ensure that he will not end up on the street after leaving prison.
This certificate can be issued in the form of various documents:
- Copies of the certificate of ownership of the apartment, if it belongs to the convicted person.
- Certificate from the passport office confirming his registration in the apartment.
- A receipt from a relative or friend who undertakes to register the convicted person after his release on parole.
The absence of this document is not considered by law to be an unambiguous basis for refusal of a petition, but the court will consider this as one of the factors for refusal.
A period of time
The current article of the Criminal Code regulating processes related to parole No. 79 provides for this possibility, subject to the following rules:
- The imposed punishment is imprisonment.
- The criminal reformed until the end of his punishment.
- Actual detention for a certain period of time.
Gravity of the crime/special circumstances | Minimum part of the sentence served to receive parole |
Small or medium | 1/3 |
Heavy | 1/2 |
Particularly serious / cancellation of previously assigned parole, in cases provided for by the Criminal Code | 2/3 |
Crimes related to violations of sexual integrity of minors | 3/4 |
For any type of crime, the minimum period of serving a sentence in a correctional institution to be able to receive parole is six months.
For criminals who have committed illegal acts as minors, the possibility of release on parole occurs according to other temporary criteria - after serving 1/3 of the assigned term for all types of crimes, except for especially serious acts, for which 2/3 of the sentence is required.
For persons receiving a life sentence, the minimum term of service in a correctional institution is 25 years. To submit an application, the following condition must be met: over the previous three years, the convict has not committed any violations of order in a correctional institution. It is impossible to obtain parole for persons who, while serving a life sentence, committed crimes of a grave or especially grave nature.
Letter of guarantee from employer for parole in 2022
When talking about what certificates are needed for parole, do not forget about the employer’s letter of guarantee. This document is not mandatory, but it significantly increases the chances of the court granting a request for parole.
The letter must indicate the position for which the convicted person will be hired, the amount of salary and the period during which the employer undertakes to employ the citizen.
After issuing such a letter, the employer is obliged to fulfill these obligations.
Basic set of documents
To obtain permission for parole, the prisoner's lawyer collects and prepares certificates and documents that confirm the possibility of making such a decision. Documents for parole must contain:
- A petition drawn up on behalf of a convicted person with a request to consider the possibility of release on parole.
- A full copy of the guilty verdict.
Each convicted person receives a copy of the verdict. It must be kept in its original form. A copy of the verdict is required in all cases when going to court:
- Application for parole;
- Request for mitigation of punishment;
- Appeal;
- Cassation;
If one convicted person has several active convictions, all of them must be provided when applying for parole.
- In case of serious illness, a medical certificate confirming this fact is required. The certificate can be obtained from the doctor of the correctional institution where the prisoner is serving his sentence. Such certificates issued by a medical institution located outside the territory of a correctional institution by the court, as a rule, are not accepted.
- Statement from the convicted person of full admission of guilt. Such an application must be submitted to the court six months before the start of the consideration of the parole case.
- Performance list. A statement that a person transfers part of his salary to repay the damage caused under a writ of execution.
Characteristics of a convicted person for parole in 2020
The more characteristics attached to the application, the better. These could be characteristics:
- From neighbors at the place of residence to condemnation.
- From the place of work and study.
- From the administration of the correctional institution.
The last characteristic is included in the mandatory list of documents for parole.
For crimes committed with negligence or causing minor or moderate harm, such characteristics can be a key factor in release.
Sample characteristics
Procedure
The parole process occurs in the following stages:
- A person convicted of a crime or his lawyer submits a request to consider parole. The document is submitted to the judicial authority through the administration of the correctional facility.
- Within the prescribed period, the petition and the prepared package of documents are submitted to the court.
- A court date is set.
- The submitted application and the set of attached documents are being considered.
- The court makes a decision on this application.
- Execution of a court decision.
The most critical stage is the process of reviewing the application and attached documents. At this stage, all features are taken into account, among which the most important are:
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- Prisoner discipline. How he showed himself in studies, work, cultural events while in a correctional facility.
- Admission of guilt by the prisoner, voluntary compensation for the harm caused.
- Opinion of the colony administration on the possibility of releasing a prisoner on parole.
Additional certificates for parole in 2020
In addition to those listed above, other certificates are often needed for parole.
Health certificate
This document is necessary if the prisoner suffers from a serious illness. This fact will be perceived by the court in favor of his release. But the illness must be documented by obtaining a certificate from the medical department of the penal colony.
Certificate about the difficult financial situation of the family
If the convicted person still has dependents (elderly parents, disabled children, etc.), then they need a breadwinner. A certificate confirming this fact will benefit the convicted person when considering his application for parole in court.
Parents' health certificate
In a situation where a prisoner's parents need care, it is important to document this need. To do this, parents receive a certificate from the district clinic.