After full serving of the sentence, amnesty or parole, the release procedure occurs. At the same time, the former prisoner must be provided with all the necessary documents, clothing for the season, tickets to his place of residence or money for them, and food for the trip.
The entire procedure for the release procedure is prescribed in the order “On approval of instructions on providing assistance in employment and everyday life, as well as providing assistance to convicts released from serving their sentences in correctional institutions of the penal system” dated January 13, 2006 No. 2.
To confirm the legality of the prisoner's release, he is issued a certificate of completion of his sentence. Below we will discuss in detail the form of the certificate, methods of obtaining it, its application and the stages of recovery in case of loss.
Who can count on parole in 2019?
In accordance with the provisions of Art. 79 of the Criminal Code of the Russian Federation, a person who is in prison can count on parole if the court recognizes that for his correction he does not need to fully serve the sentence imposed by the court, and also compensates for the harm caused by the crime.
The following must be kept in mind:
The sentence actually served by the convicted person cannot be less than 6 months;
In 2022, a convicted person can apply for parole through the administration of the institution or body executing the sentence.
The administration of the correctional institution in which the convicted person is serving his sentence, no later than two weeks after the filing of the convicted person’s petition for parole, is obliged to send the said petition to the court along with the characteristics of the convicted person;
Such a description must necessarily contain a conclusion on the advisability of applying parole;
When deciding on parole, the court takes into account the behavior of the convicted person while serving his sentence. For example, the presence of rewards and penalties, attitude towards work, participation in the public life of the correctional institution;
The court also examines information about the person’s chosen place of residence, whether he has a family or other relatives, where and with whom he intends to live, the possibility of his employment and the consent of the work collective, his hiring by this particular enterprise (organization) and etc.;
However, the absence of permanent or temporary registration at the place of residence (“registration”), relatives and/or preliminary agreement on the employment of a convicted person cannot serve as a basis for refusal of parole;
If the court denies a convicted person parole, re-submitting an application for parole is possible no earlier than six months later;
When re-submitting an application for conditional early education, the necessary documents must be submitted to the court anew.
Exemption from physical education based on vision
If the student has poor eyesight, he or she can count on a legal exemption from classes. He may also be offered to attend a special group, where the load will not be so heavy.
You can receive an exemption from physical education based on vision if the following diseases are detected:
- astigmatism;
- cataract;
- glaucoma;
- strabismus;
- amblyopia.
Operations performed on the eyes are also grounds for not attending physical education classes.
Whether a certificate will be issued allowing absence from physical education classes, or the student will be transferred to a special group and the load will be reduced, depends on the degree of the disease.
All parents need to do is visit an ophthalmologist, and then an ophthalmologist, if necessary. After examination and diagnostics, the child will be given a diagnosis, which will clarify the course of further actions.
This exemption is also granted temporarily. When the deadline expires, you will need to undergo an examination. Some vision diseases go away after careful treatment, so such a certificate may not be needed in the future.
Only complete absence of vision implies a lifelong limitation of physical activity. But such children do not study in schools and universities on a general basis.
Application for parole in 2022
The basic requirements for the content of an application for parole in 2022 are spelled out in the text of Art. 175 of the Penal Code of the Russian Federation. In accordance with the provisions of this article, any application for parole must contain:
- Name of the court to which the petition is filed;
- Last name, first name and patronymic of the convicted person;
- Information about the correctional institution in which the convicted person is serving his sentence;
- Information about the sentence passed;
- Information about the sentence served;
- An indication that during the period of serving the sentence the convicted person repented and partially or fully compensated for the damage caused as a result of the crime;
- Other data indicating the correction of the convicted person (for example, absence of violations of the regime, exemplary behavior, conscientious attitude to work, etc.);
- Request for parole;
- List of documents attached to the application;
- The date of the application.
applications for parole (version current for 2022)
Note! If you have questions or encounter any difficulties when preparing an application for parole in 2022, you can always seek free legal advice from the specialists of the CenterSoveta portal. The average waiting time for a response from a lawyer is 15 minutes.
Complete exemption from physical education: for what diagnoses?
The concept of “complete exemption from physical education” is considered very controversial. If by this we mean a certificate that is given once and for all, then such a thing does not exist.
According to the legislation in this area, the maximum period, which is equal to one year, is given for the most severe diseases: heart disease, previous operations, asthma and others. But even in this case, after a year the patient needs to see a doctor again and confirm his diagnosis.
This principle applies even in the most absurd situations. For example, if a child does not have a foot, and even moves with difficulty, he will still have to undergo an examination every year and obtain permission from a doctor. Everyone understands that the foot will not grow back, but such bureaucratic nuances are mandatory.
It is possible to talk about complete indefinite exclusion from physical activity only if the child does not attend school due to mental illness and disabilities, but is educated at home.
If by complete release we mean that the child will not perform all physical activities, then all the serious diseases described above will serve as diagnoses for this.
If a child has an allergic runny nose, for example, which complicates breathing, then he may be prohibited from performing a number of physical exercises (running, jumping), but he can attend classes and do light exercises (race walking).
Certificate of registration at the place of residence for parole in 2022
A certificate of “registration” is another important document that can facilitate the parole of a 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 spouse, relative or other person who undertakes to register the convicted person in their living space.
receipts
Physical education exemption group
According to the law, even if a student receives an exemption from physical education, he is required to attend class.
If the disease is not too serious and physical activity is partially permitted, then the schoolchild or student will be redirected to the group exempted from physical education.
There are several types of it:
- preparatory, where children with minor physical disabilities and simple illnesses study;
- special - children with more serious health problems are trained here.
Such groups are teams. They are attended by students from all over the school or students from all over the university.
Letter of guarantee from employer for parole in 2022
The employer who has signed such a letter of guarantee undertakes to hire the convicted person after parole. In the text of the letter of guarantee, we recommend indicating the name of the position that is offered to the future employee, the amount of salary and the period within which the employer obliges to employ the convicted person.
letter of guarantee for employment
List of diseases for exemption from physical education
The list of diseases for exemption from physical education is impressive and does not stand still. The list can be expanded when considering an individual case.
List of such diseases:
- Angina.
- Acute respiratory diseases.
- Otitis (acute form).
- Pneumonia.
- Pleurisy.
- Flu.
- Acute infectious diseases.
- Appendicitis.
- Past hepatitis.
- Fractures, concussion.
- Diseases of internal organs.
- Mental illnesses.
- Postponed oncology.
- Diseases of the musculoskeletal system.
Characteristics of a convicted person for parole in 2019
Any positive characteristics of the convicted person can be attached to the application for parole. For example:
- Characteristics from the place of work or study;
- Characteristics from neighbors;
- Characteristics from the administration of the correctional institution in which the convicted person is serving his sentence, etc.
characteristics for parole
Note! As practice shows, the characteristics work especially well in the case of crimes due to negligence, as well as minor and moderate gravity.
Sample note from parents indicating the reason for exemption from physical education
The sample note from parents presented below will show how to write it correctly and what reason to indicate for exemption from physical education.
“Dear Nikolai Egorovich!
I ask that 5th-B grade student Elizaveta Marchenko be excused from physical education classes due to the recent flu and her health that has not yet recovered.
09/10/2018 Marchenko N.D. (mother Marchenko E.) Signature"
Additional certificates for parole in 2019
Above is a standard list of documents that will be useful to absolutely any convicted person applying for parole. However, in some cases other documents may be required. Eg:
Health certificate
It will come in handy if the convict suffers from any serious illness. You can obtain a certificate from the medical authority of the correctional institution.
Certificate about the difficult financial situation of the family
Are elderly parents receiving a meager pension or a disabled child in need of help waiting for the convicted person to be released? A certificate from social security will indicate the need for a breadwinner in the family.
Parents' health certificate
A medical certificate received by the parents of a convicted person at a district clinic serves as evidence of the need to care for relatives.
Wife's pregnancy certificate
If the wife of a convicted person is expecting a child, she can obtain a corresponding certificate from a gynecologist at her place of residence.
Is there a law on exemption from physical education?
Legal absence from a physical education lesson is regulated by federal, regional and local laws. If parents have any doubts or a controversial situation has arisen with the administration of a school or higher educational institution, then they should be referred to.
The most important thing in this area will be the Law “On Education”. Article 41 states that a child who has medical indications or is undergoing long-term treatment may be legally absent from classes (including physical education). Also, the student cannot be forced to pass any standards or give passes.
If the physical education teacher continues to insist that the child attend his lessons, then the parents can file a written complaint with the Department of Education or the prosecutor's office.
Also, to protect your rights, you should use the Decree of the Government of the Russian Federation “On approval of the Regulations of the All-Russian Physical Culture and Sports Complex.” This regulatory legal act states that physical education should be based on voluntariness, accessibility and the possibility of providing medical care.
School administration and parents of students can operate with legal acts drawn up by local authorities and the school itself. The formation of special groups for classes with moderate physical activity is a matter that falls squarely on the shoulders of the school administration.
Does it have legal force?
Of course, this paper has legal force. But problems may arise when presenting it to the courts .
If the paper is drawn up correctly and all the nuances described above are met, the court is obliged to accept it as evidence. Otherwise, if there are violations, the decision rests with the judge.
A letter of guarantee is an important obligation that protects the rights of the employer and employee . It ensures that the employee conscientiously performs his duties, for which he receives the agreed benefits.
