Exemption from punishment due to illness: types of diseases, conditions

Guided by the principles of humanism, the state provides the opportunity for early release of criminals serving prison terms or mitigation of punishment when sentencing persons who have committed a crime. The basis for this may be repentance for what they have done, good behavior in prison, atonement for their guilt by conscientious work, as well as other mitigating circumstances. One of these reasons is the presence or occurrence of severe forms of physiological or mental illness in the criminal.

Exemption from punishment due to illness

When deciding on the type of punishment or early release, judicial authorities must take into account the presence of illnesses of the accused that may prevent his further stay in captivity. At the same time, for persons with severe mental disorders, punishment in the form of imprisonment in correctional labor colonies is replaced by compulsory treatment in specialized psychiatric institutions.

General groups of mitigating diseases

Criminal legislation defines various types and stages of development of diseases that can become a reason for mitigating sentences, early release of a prisoner, or replacing imprisonment with compulsory treatment in a psychiatric institution.

Important! This list may change depending on the emergence of new forms and varieties of dangerous diseases.

There is a certain list of diseases that can be a reason for mitigation of punishment or its cancellation, replacement with another

There are three main groups of diseases that relate to mitigating circumstances when determining a sentence and making decisions on the early release of persons who have violated the law.

1. Types and degrees of diseases, upon detection of which conscripts and military personnel are considered unfit for military service. The list of such diseases is contained in the government decree that regulates the activities of military medical commissions.
2. Dangerous infectious diseases that pose a threat to the life and health of others can become a source of epidemics.
3. Serious mental disorders in which a person partially or completely loses touch with reality, ceases to be aware of and control his actions, which is confirmed by the results of a psychiatric examination. If the patient has committed a crime or his behavior poses a potential or real danger to society, the court may decide to release the accused from liability and send him for inpatient treatment in a specialized psychiatric clinic.

If the person who committed the crime suffers from a mental disorder, he may be released from liability and sent for treatment to a psychiatric clinic

The presence of mitigating diseases in a criminal must be confirmed during a qualified medical examination.

Important! The final diagnosis is approved by a special medical commission.

A medical examination must establish the arbitrary nature of the illness, independent of the actions of the accused, and the absence of simulations or self-harm on his part. Only under these conditions can an identified disease serve as a basis for a reduced sentence. However, such a decision is not final if there is a likelihood of recovery within the statute of limitations established by law for the crime committed by the patient. If the offender is restored to health, the court may consider depriving him of his liberty for the period provided for by the Criminal Code.

The presence of the disease must be confirmed by examination

Important! Compulsory treatment of mentally ill criminals in psychiatric institutions lasts until their complete recovery. Each day of stay in the clinic is equivalent to a day of imprisonment in correctional labor institutions.

Types of diseases of convicts that prevent them from serving their sentences

Although the fundamental core principles of criminal law provide for mandatory punishment for a specific offense that has been recognized as a crime, in some situations the legislature makes concessions and reduces or eliminates the punishment for those individuals who have serious health problems.

The issue of the process of release from punishment due to illness is regulated in accordance with Art. 81 of the Criminal Code of the Russian Federation. Here are the circumstances that lead to the fact that the offender may be released from liability. As for certain diseases that can serve as a mechanism for exemption from punishment, they are combined into three main groups;

• Diseases that make a person unfit for military service. In such a situation, a citizen cannot be involved in military service, and in case of evasion of duty, he cannot be brought to criminal liability.
• Mental disorders that deprive a person of the ability to really understand his actions and actions and establish a certain degree of danger for the public. If, as a result of the examination, it is recognized that a person is unable to control his actions and actions in relation to others, then he will be released from serving an inpatient sentence for a previously committed criminal act and will be placed in a special treatment and preventive institution.
• Other forms of diseases that make the process of serving a sentence impossible due to certain circumstances. It is worth noting that in this situation, certain forms of illness can become a reason for exemption from liability if they pose a threat to others and are contagious.

Thus, if a particular person is found to be in poor health and has a serious illness that affects his physical and psychological characteristics, then he will be released from liability, or his punishment will be commuted in accordance with the established rules of the Criminal Code of the Russian Federation.

The most common diseases that mitigate punishment

The most common reasons for early release or reduced sentences are such diseases.

1. Chronic tuberculosis of severe form.
2. Malignant inoperable tumors caused by pathological growth of tissues of various organs.
3. Endocrine diseases of severe chronic forms - adrenal insufficiency, diabetes mellitus, tumor of the hypothalamus, pituitary gland, gout.
4. Severe forms of diseases of the sensory organs and nervous system.
5. Chronic pathologies of the respiratory system.
6. Liver cirrhosis with various complications, cachexia stage of intestinal disease.
7. Diseases of the blood and circulatory system of the third degree and higher.
8. Chronic renal failure in combination with diseases of the urinary organs.
9. Bone and muscle diseases at stages accompanied by persistent, severe disorders of musculoskeletal functions.
10. Amputations of the upper or lower extremities.
11. Anemia, HIV, radiation sickness IV degree.
12. Mental disorders - dementia, schizophrenia, severe forms of psychosis.

The presence of tuberculosis, HIV, various chronic pathologies and other things can lead to early release or a reduced sentence

A complete, exhaustive list of diseases that serve as grounds for mitigating punitive measures against criminals is approved by government decree.

Important! This legal act is amended every few years, as new types and forms of serious diseases appear.

What diseases are exempt from criminal liability?

The first category of diseases exempt from prison includes serious illnesses. A person convicted by a court does not end up in prison if he develops serious pathologies that prevent him from serving his sentence. However, such a decision must be made by a government agency.

Grounds and conditions for the release of a convicted person with a disease

Only the court has the right to decide such an issue, and may not take into account the state of health. If a convicted person is sentenced to punishment related to labor (forced, compulsory or correctional labor), then the reason for release is an illness that makes the convicted person incapacitated.

The full list of diseases exempting from serving a sentence is determined by Resolution No. 598 of May 19, 2022 by the Government of the Russian Federation. List of diseases exempt from criminal liability:

1. Infections: various forms of tuberculosis, neurosyphilis (caused by bacteria - Treponema pallidum), immunodeficiency virus.
2. Oncology: malignant neoplasms of the spinal cord and brain, LAM (lung cysts).
3. Blood pathologies: agranulocytosis (a dangerous decrease in granulocytes in the blood), aplastic anemia (platelet, leukocyte, erythrocyte production is not produced).
4. Eye diseases: severe narrowing of visual fields or visual acuity, complete blindness.
5. Respiratory diseases: pathologies of the diaphragm, accompanied by respiratory failure, nonspecific chronic lung diseases with emphysema and diffuse pneumosclerosis.
6. Diseases of the gastrointestinal tract, digestive organs, liver cirrhosis (hepatic encephalopathy - brain disorders associated with improper liver function, ascites - accumulation of fluid in the abdominal cavity, portal hypertension - increased pressure in the portal vein).
7. Diseases of the musculoskeletal system: various pathologies of bones and muscles of a congenital or acquired nature, making self-care impossible.
8. Genitourinary diseases: pathologies of the urinary tract, kidneys and their chronic failure.
9. Injuries received: severe acute or chronic radiation sickness, local burns, malfunction of the central nervous system, characterized by brain damage (paraparesis - paralysis of the limbs, hemiplegia - loss of the ability to move on one side of the body, paraplegia - inability to move arms or legs, etc. i.e. two upper or lower limbs).

Diseases of the endocrine, nervous system and blood supply are discussed separately below. This group of diseases includes many pathologies, in the presence of which the convicted person is exempt from criminal liability.

List of diseases of the endocrine system that free you from prison

Ailments in the field of endocrinology exempt from criminal liability include severe forms of diabetes mellitus and diabetes insipidus, and adrenal insufficiency.

Among the syndromes are:

1. Burnet's syndrome or hyperparathyroidism is excessive secretion of parathyroid hormone.
2. Itsenko-Cushing syndrome or hypercoticism is increased production of cortisol.

Also, forced restriction of freedom and criminal liability can be avoided if the patient is sick with thyrotoxicosis or hyperthyroidism - excessive production of thyroid hormones. The condition can be treated, but if the operation cannot be performed, then the convicted person does not go to prison.

This same group of pathological conditions includes:

• cystic fibrosis or cystic fibrosis - a disorder of the glands that produce sweat and mucus;
• Simmonds' disease at the stage of depletion of the body is a dysfunction of the pituitary gland.

Diseases of the nervous system that relieve imprisonment

Exemption from punishment is possible in the presence of diseases accompanied by destruction of the membrane of neurons of the peripheral and central nervous system (CNS). This also includes polyneuropathy - damage to peripheral nerves, toxic encephalopathy - disruption of brain function due to exposure to toxins, atrophy in the central nervous system, myopathy or myasthenia gravis (other pathological conditions of the neuromuscular junction).

Other liberating ailments of the nervous system that allow you to get rid of places of restriction of freedom are:

• Parkinson's disease;
• vertebrogenic and vascular myelopathy;
• torsion dystonia;
• syringomyelia;
• movement disorders (extrapyramidal diseases).

Pathologies of the heart and blood circulation, the presence of which will result in release from imprisonment

The reasons for getting rid of imprisonment are diseases of the valves and conduction of the heart, rhythm, severe ischemic diseases, recurrent ventricular tachycardia. Congenital defects that relieve ailments include anomalies in the development of the blood supply system.

List of heart and circulatory problems exempt from criminal liability:

• hypertonic disease;
• cardiomyopathy;
• chronic pericarditis;
• damage to peripheral and main arteries;
• cerebrovascular diseases (changes in cerebral vessels due to impaired blood circulation in the brain).

General procedure for sick leave

The process of releasing a criminal sentenced to prison ahead of schedule due to the onset or development of a serious illness is quite lengthy and includes a number of preparatory measures. If the convict’s health deteriorates and he exhibits symptoms of a disease included in the relevant list, he must undergo a medical examination by doctors at the penitentiary institution.

A person who is in custody must undergo a medical examination in order to be released early due to illness.

If, based on the results of a medical examination, a special commission determines that further serving the sentence is dangerous for the life of the patient, his illness poses a threat to the health of others, lawyers and representatives of the prisoner must draw up and submit to the court a petition for early release. While this application is being considered in court, the administration of the correctional labor institution must take measures to treat the criminal and his social adaptation to life in freedom.

Important! Persons found to have serious mental disorders should be sent to a specialized psychiatric hospital.

A positive decision by the court to commute the sentence or early release of a criminal from prison due to a serious illness is not an acquittal and does not remove the criminal’s criminal record. He is still considered a person who has committed a crime, which imposes a number of restrictions and obligations on him to comply with certain rules upon release.

A person’s criminal record will still not be expunged

Until the end of the sentence established by the court verdict, the released criminal must be specially registered under the control of law enforcement agencies. He is prohibited from leaving his place of residence without permission without special permission. If necessary, social services may be involved to adapt a former prisoner to the conditions of normal life in society. Employees of such organizations will help him find a new job, solve everyday problems, and establish relationships with other people.

At the time set by law enforcement officers, a released convict is required to undergo a medical examination to confirm his illness.

Important! If a disease that poses a threat to society is identified as infectious, by decision of a special commission, the patient may be isolated from others and sent for compulsory treatment.

If the disease is serious and requires special treatment, the person will be isolated from others and forcibly referred to therapy

When new crimes are committed, the court may decide to serve the remaining sentence in a correctional institution for a criminal previously released due to illness. In this case, the presence of a serious illness will not be accepted as a mitigating circumstance, and a new sentence will be added to the previous punishment, corresponding to the severity of the offense committed.

The procedure for filing a petition for mitigation of punishment due to serious illness

To begin the procedure for release from punishment, a lawyer or official representative of a convicted or accused person must draw up and submit a corresponding petition to the court. The preparation of such a document should be entrusted to a qualified lawyer, since non-compliance with the model established by regulations may serve as grounds for refusal to accept this application for consideration by the court.

The lawyer of the convicted person must draw up a petition and send it to the court

Among the main requirements for a petition are the following rules and regulations for its preparation.

1. The application must comply with the prescribed form.
2. The document indicates specific valid reasons and grounds for applying to a judicial authority in order to consider a request to cancel or mitigate a criminal penalty in connection with the illness of a person convicted or accused of committing a crime.
3. The petition must contain detailed, reliable information about the crime committed, the nature, severity of the offense, and all the circumstances of the case under consideration.

   The petition must include detailed information about the crime, as well as the offender's illness. Medical certificates are also included

4. The application must be accompanied by all medical certificates, the conclusion of a medical commission about the presence of severe forms of illness in the accused or prisoner, which may worsen in places of deprivation of liberty or pose a danger to others.
5. The application must not contain errors, any corrections or typos.

Important! Any unverified or deliberately false information, lack of documented data about the disease will cause the judicial authorities to reject such an application.

False information will cause the application to be rejected

Features of mitigation of punishment for persons with mental illness

According to criminal law, persons who develop severe mental disorders after committing a crime are subject to mandatory release from punishment, regardless of the opinion of the court. However, not every mental illness is the basis for such a decision. To become a reason for releasing a criminal from punitive measures, his mental disorder must meet the following conditions:

• the disease must occur after the commission of the crime;
• a person does not perceive the reality and danger of his actions or inaction in relation to others;
• the person who committed the crime does not realize his guilt, the compulsory nature of the punishment, the punitive purpose of conviction and retribution, which deprives the punishment of the meaning and the possibility of correcting the criminal.

For a person to be released from punishment, there must be compelling reasons

There are several options for releasing mentally ill criminals from punishment.

However, release from serving a sentence may be temporary if the mental disorder is reversible. In this case, upon recovery, the offender is subject to criminal liability and the established punishment, unless the statute of limitations for the crime he committed has expired.

Important! For mentally ill persons who have committed a crime, release from the prescribed punishment will be final and unconditional if the mental disorder is irreversible, in which its recovery is practically impossible.

If the disorder is reversible, release from imprisonment may be temporary

The provisions of Article 81 of the Criminal Code of the Russian Federation on the release of persons with mental disorders from punishment do not apply to defendants whose insanity cannot be determined for objective reasons. For example, when psychiatrists cannot establish the nature of the disease, determine the onset of its onset and correlate it with the time of the crime being charged due to ambiguous manifestations of the suspect’s mental disorder.

Important! In this case, the accused, due to his mental health condition, cannot participate in investigative actions or appear at trial. In such cases, judicial proceedings may be suspended until the final diagnosis or recovery of the accused is determined.

According to the norms of the Code of Criminal Procedure of the Russian Federation, a mentally ill suspect is subjected to a forensic psychiatric examination, which must establish the following facts:

• whether the accused has a serious mental disorder;
• type of disease, whether it is temporary or irreversible;
• whether the suspect can participate in investigative actions and the trial.

Article 81 of the Criminal Code of the Russian Federation

Persons with mental disorders falling under Article 81 of the Criminal Code, for whom automatic exemption from criminal punishment is applied, may be sent for inpatient treatment to a specialized medical institution, including forcibly.

In cases where investigative and procedural actions are suspended due to the impossibility of determining the degree of sanity of the suspect, compulsory treatment cannot be used.

Important! However, in practice, courts are often forced to send such defendants for treatment due to the danger that this category of citizens poses to society.

If the degree of sanity of a person cannot be determined, compulsory treatment cannot be prescribed.

Everything about criminal cases

Url Additional information:

- Part 1 81 of the Criminal Code

the disease was discovered after the sentence, is released from serving

- the stage at which release is possible is the stage of execution of the sentence, in this case the convict arrives at the place of execution of the sentence and goes to court through the administration ( Part 6 175 of the Penal Code

).

The procedure involves release only in execution of the sentence ( clause 6 397 of the Code of Criminal Procedure

). This is a special procedure, different from the main proceedings.

- note: please note that at the stage and the subsequent stage, different Rules of examination and the List of diseases are applied than those used for release from the pre-trial detention center.

Recovery

Url Additional information:

- part 4 81 of the Criminal Code

the punishment is renewed if the statute of limitations has not expired

- if the culprit is subsequently cured of the disease, then the execution of the punishment is resumed ( Part 4 81 of the Criminal Code

).

- in this case, real punishment may not come if the statute of limitations for the crime provided for in Article 78 of the Criminal Code

.

If the disease is not classified as serious

— what if, after the verdict, the convicted person is diagnosed with a disease not included in the List of Diseases

preventing the serving of a sentence?

Identification of illness at the appeal stage

— at the appeal stage, illness can be taken into account as an additional mitigating circumstance. See more here: New emollients

circumstances that have not previously appeared in the first instance.

Identification of the disease at the cassation stage

— there are several stages in cassation, and the identification of a disease at different stages can have different strengths.

— at the first stage of cassation, when using mitigating circumstances, the same rules apply as at the appeal stage.

— at the II and III stages of cassation, the use of mitigating circumstances (including the identification of an illness) has particular specificity, so if you are at this stage, we recommend that you read the recommendations here: Mitigating circumstances

in cassation, method of application.

Consideration of health status for early release

- poor health may be taken into account for one of the early release mechanisms: parole

,
replacement of punishment
,
replacement with forced
labor,
re-regime
.

Normative base

- Part 2 81 of the Criminal Code

illness detected after sentence, may be released

- Part 6 175 PEC

filing an application for sick leave

— clause 6 397 Code of Criminal Procedure

release due to illness in execution of a sentence

- part 7 399 of the Code of Criminal Procedure

procedure for holding a court hearing

- Part 5 175 PEC

filing a petition for release due to mental illness

- Part 6 175 PEC

filing a petition for release due to physical illness

Direction rules

convicts for medical examination

Medical rules

examination for release (
81 CC
)

List of diseases

preventing the serving of a sentence

Aspects of exemptions from punishment due to illness of military personnel

Citizens who have committed criminal acts while performing compulsory or contract military service may also be exempt from punishment due to serious illness. However, in this case there are certain peculiarities.

A serviceman may be released from criminal liability for health reasons only in cases where he fell ill in prison after a court sentence. The illness of the military person who committed the crime must be documented and included in the list of diseases provided by law as grounds for early release or the imposition of a less severe punishment for the remainder of the term.

The illness of the military person who committed the crime must be documented

Important! An official medical document confirming the disease, together with the serviceman’s personal file, is attached to the petition, which is sent to the court. If the court makes a positive decision, the convicted person is not only released from further serving his sentence, but also from military service.

Types of exemption

Living conditions and such a “closed” lifestyle do not have the best effect on human health. If, at the same time, the prisoner is seriously ill and may harm himself or others, then keeping such a person becomes problematic.

All types of release in accordance with the criminal code

Therefore, the Russian Criminal Code considers 3 types of exemption from criminal liability in connection with health:

• serious illness;
• mental disorders;
• a disease that makes him unfit for the army.

Below is a list of serious diseases that exempt you from criminal liability. The list of mental disorders should be considered separately, as well as diseases that exempt you from the army.

Problems of exemption from punishment due to illness

The grounds for release from punishment or serving a prison term due to serious illness or mental disorders are provided for in Article 81 of the Criminal Code of the Russian Federation. However, these provisions are not binding on the judiciary. Based on the wording, the article is advisory in nature. The court may release the accused from punishment or further serving the term of a criminal sentenced to imprisonment due to a discovered illness, but is not obliged to do so.

The court, at its own discretion, decides to apply Article 81 of the Criminal Code. However, it does not indicate actions in relation to persons who were sick at the time they committed the crime.

Important! Thus, it is understood that the court must determine the punishment, and criminals are always subject to conviction.

The court is not obliged to take into account Article 81 of the Criminal Code of the Russian Federation, although it is advisory in nature

The most vulnerable point in the practice of applying sick leave is the subjectivity of the medical report on the health status of prisoners or persons accused of committing a crime. In the absence of obvious external signs of certain diseases, a criminal can skillfully feign symptoms of diseases. In addition, there is a possibility of possible bribery of doctors in order to obtain the desired diagnosis.

Performing such actions allows attackers to avoid deserved punishment. To avoid such cases, the competent authorities may require a second independent examination.

Important! In addition, persons released from punishment must be under constant medical supervision and undergo regular medical examinations throughout the statute of limitations for the crime committed.

Medical examinations must be carried out regularly: in judicial practice there are cases where the accused simply feigned symptoms of the disease

The most common practice is for criminals to feign mental illness and insanity, which cannot be confirmed by objective laboratory data. It is enough to study well and exactly repeat the behavior patterns of mentally ill people in order to achieve the replacement of imprisonment or time in a colony with compulsory treatment in less strict conditions of a psychiatric hospital. However, if simulation is subsequently identified by qualified psychiatrists, the offender will be transferred to a correctional facility determined by the court for the period specified by the sentence.

The main problems with the application of Article 81 of the Criminal Code of the Russian Federation arise for lawyers when releasing patients serving sentences in prisons and other penitentiary institutions. As practice shows, the administration of correctional labor institutions rarely takes such a step. The doctors of the penitentiary system, who conduct an appropriate examination of the patient, are also reluctant to give the necessary conclusions about the state of health of the prisoner.

Important! Typically, the leadership of prisons and colonies do not interfere with early release due to illness only in exceptional cases, in the last, pre-mortem stages of illness in order to reduce mortality rates.

The management of prisons and colonies does not particularly “like” it when prisoners are released from custody due to illness

It is difficult for an ordinary person to understand the logic of such actions, since there is no practical benefit in keeping a seriously ill prisoner. Most likely, this is explained by the conservatism of the punitive system, the main principles of which are mandatory retribution and the irreversibility of punishment for crimes committed. In addition, such cases can serve as an edification to persons prone to crime. Prosecutors are often guided by similar ideas about justice, presenting sick convicts who want to be released early in an extremely unfavorable light before the court.

Important! Typically, representatives of the prosecutor's office refer to the gravity of the crime, disciplinary sanctions during the period of imprisonment, and the potential threat to society if the offender is released early.

When making a decision to release a convicted person due to serious illness, in addition to Article 81 of the Criminal Code, one must also be guided by the Resolution of the Plenum of the Supreme Court, adopted on April 21, 2009. This document provides explanations about the conditions for early release, replacement of the remaining part of the term with less severe forms of punishment.

When deciding to release a prisoner, you must rely on certain legislative acts

At the same time, the presence of serious illnesses on the part of the convicted person included in the relevant list of government regulations is of decisive importance when considering a petition for his release. However, the Ruling states that the court must also take into account other relevant circumstances.

By these circumstances, many judges mean the severity of the crime, the degree of repentance for the deed, behavior in places of deprivation of liberty, the remaining term of the sentence, characteristics of the convicted person from the administration of the correctional institution, whether he has relatives who can take care of the patient.