Conditional early release (PAROL) under Art. 228 CC. RF

Today, a huge number of people convicted under articles of the Criminal Code related to drug trafficking are serving their sentences in the colonies of the Federal Penitentiary Service of Russia. According to judicial statistics, almost a quarter of the entire prison population in Russia are convicted under “narcotic” charges. In absolute numbers, this is about 130-140 thousand people. At the same time, many prisoners under Art. 228 of the Criminal Code of the Russian Federation imposed very significant terms of imprisonment.

It is no secret that each of them dreams of being released before the end of his sentence, i.e. on parole.

How to get out on parole under Art. 228 of the Criminal Code of the Russian Federation? This is exactly what we will talk about in our next article on the “Condition” website.

How long do you need to serve your sentence to be released on parole?

A petition for parole from a convicted person, drawn up according to the sample, can be submitted only after the minimum term of imprisonment has expired:

There are no relaxations under Article 228 of the Criminal Code of the Russian Federation regarding the reduction of periods of imprisonment. On the contrary, the legislator has tightened the requirements for convicts. For example, a person for murder can formally apply for parole after 2/3 of his sentence, and for drugs - 3/4. In order for the application to be satisfied, it is important to correctly calculate the period and draw up a motivated document that strengthens the prisoner’s position.

Is it possible to get parole under Article 228 part 4 p - d

c) at least two-thirds of the term of punishment imposed for a particularly serious crime, as well as two-thirds of the term of punishment assigned to a person previously released on parole, if parole was canceled on the grounds provided for in part seven of this article;

Hello. Please tell me. My husband was convicted under Article 228, part 4, paragraph D, he has been in prison for 2 years already, he has a small dependent child. He works in prison and has not violated anything. Can we count on parole

Grounds for refusal of parole

The legislator prohibits denying parole to those convicted under Article 228 of the Criminal Code of the Russian Federation due to the presence of previous convictions or too lenient punishment. The court cannot reject the petition if the citizen never admitted guilt or spent too little time in one of the correctional institutions.

There is a limited list of reasons why parole will be denied; the court does not have the right to expand it at its discretion. You cannot apply for a conditional condition under Art. 228, in cases:

• The prisoner is characterized negatively by the administration of the correctional structure. According to the conclusion of the responsible persons, it is inappropriate to mitigate or completely cancel the punishment for the crime.
• The citizen’s behavior is negative: violation of the regime, repeated offenses, penalties, etc.
• Negative attitude towards work and study while serving a sentence imposed by the court.

Is there parole under Articles 228, 228.1, if the crime is particularly serious, there are consequences: the legislator does not consider that the nature of the public danger of the committed act can be a reason for refusing early release.

If a person convicted under articles related to drug trafficking has penalties, this is not evidence that he will continue to serve time. The court must consider each case individually, and only an experienced lawyer can strengthen the prisoner’s position. The meeting will analyze:

• the nature of what was done in places of deprivation of liberty;
• severity of damage;
• circumstances of violation of discipline;
• all cases during the period of serving the sentence, and not just those that preceded the filing of an application for parole;
• information about repayment, removal of penalties;
• other data characterizing the citizen;
• further behavior of the convicted person.

City or district courts at the location of the correctional institution have the right to consider a request for early release. If a citizen is denied parole or a reduced sentence, he can go to court again only after six months.

The wiretap is canceled

Answer: The court makes a decision on parole at its own discretion; the position of the administration of the correctional institution is not binding on the court. However, when deciding on parole, the court is obliged to take into account the position of the administration and assess all the circumstances.

My son had a suspended sentence of 2 years (for 100 g of cannabis). Later, during a search of the house, they found 100 g of cannabis again, but for their own use. After this, he was sentenced to 3 years of special regime. Is it possible to change it to a suspended sentence or shorten the sentence, send it to a settlement or for treatment? He has mental problems and an eye disease. Or when to write for parole, he is already 6 months old. served time.

What documents are needed to consider parole?

You should entrust the preparation of a package of papers for filing for parole to a lawyer to avoid a formal refusal. The human rights defender will not only take on the procedural component, but will also prepare a reasoned statement to convince the court to release the convicted person ahead of schedule. List of documents:

1. Reasoned request. Submitted by a lawyer or the prisoner personally. The application must contain confirmed information that the person no longer requires serving the full sentence, according to the court verdict. There is evidence that the convicted person partially or fully compensated for the harm caused to the victim or in some other way mitigated the guilt. If a motivated request for parole is sent by a convicted person, it must be submitted to the administration of the correctional institution, which will send it to the court for consideration within 10 days. Additionally, a personal characteristic is attached, which indicates: the conclusion of the colony on the advisability of mitigating the punishment, the citizen’s attitude to study, work, behavior, etc.
2. Certified copies of all court decisions in a criminal case. If there are no documents, a lawyer can obtain them.
3. Letter of guarantee from the future employer. He must confirm his readiness to accept the parolee for work.
4. Certificate of health of the prisoner. Sent in case of illness.
5. A statement by the convicted person admitting his guilt in the crime.
6. Certificate or commitment. A document from the management company, housing office, confirming the readiness to register the released person at the place of residence.
7. Characteristics, letters of guarantee. Any number of documents from individuals requesting the release of a citizen on parole.
8. Documents confirming life circumstances. Certificates: about the wife’s pregnancy, family composition, the presence of elderly parents, the difficult financial situation of dependents. Birth certificates of children.

Parole for 228 h 4 in 2022 amendments

Important In this case, the judge still has the right to oblige the prisoner to pay off the damage after release. After all, having left the place of condemnation, a person remains under control, and the very first violation of the regime in the wild can again cause a return to places not so distant. The Supreme Court came to the conclusion that the serious illness of the convicted person should have a “determining significance” for the court’s decision regarding the response to the petition for parole.

Perm news As a result, only a little more than forty percent of requests were satisfied. At the same time, the imprisoned people clearly understand that there is less and less hope for parole. We draw this conclusion based on the fact that the number of requests for release decreases from year to year, as well as the percentage of positive decisions.

Assistance from a lawyer in drafting and filing a petition

Parole is the legal right of convicted persons, regardless of the severity of the crime and the term of punishment. In practice, the administration of the colony dissuades citizens from submitting petitions, citing the presence of penalties, misdemeanors and the short period that remains before release. But such a situation should not become a reason to give up freedom.

To quickly leave prison and start a new life, urgently involve lawyer Alexey Blagodov. Experienced human rights activist:

• Will begin to prepare a package of papers for release in advance. The petition can be filed immediately after the minimum time served has expired. This will speed up the process.
• It will prove that the convict is ready to continue correction outside the walls of the colony. A human rights activist takes on a case, even if the chances are low. In the process of preparation, the lawyer strengthens the legal position of the convicted person: evidence of correction, refusal of drugs, behavior, desire to work, study, repentance.
• Will draw up a reasoned petition and collect a supporting package of papers.
• Request documents from the administration of the correctional institution, control the timing of consideration and transfer of the application to the court.
• Challenge the refusal to higher authorities.

If you are ready to fight for freedom, the lives of loved ones convicted under Art. 228 of the Criminal Code of the Russian Federation, seek advice, where a lawyer will immediately voice the prospects. Call, leave a request on the website so as not to miss the chance to reduce your sentence.

New amendments to the law on the release of convicts

1. A juvenile offender is not a danger to society.
2. The teenager repented of his crime.
3. The victim does not object to the use of parole.
4. The minor has serious health problems.

State Duma amendments to Article 228 of the Criminal Code of the Russian Federation 2020

Often, a real prison sentence is accompanied by satisfaction of the victims' claims or a fine. This applies to sentences related mainly to “economic” or corruption articles of the Criminal Code.

12 Apr 2022 vektorurist 1155

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Answer: Judging by the final sentence, your son was convicted of committing a particularly serious or serious crime. In the case of your son, parole is possible after he has actually served 3/4 of his sentence. If you consider the court sentence to be illegal or excessively harsh, then your son or lawyer can appeal it in the manner prescribed by law.

Hello! Please tell me! My brother was convicted under Part 3 of Art. 30 clause B, part 2, article 228 with sign 1; part 3 art. 30 clause G, part 3, art. 228 with sign 1: ch 1 st. 228 st. 69 part 3 for a period of 8 years 4 months, the beginning of the term is 09/20/2022, the end of the term is 01/19/2021. Does the amnesty apply to 2022?

Your right

Thank you. The child was born after the verdict was passed. He was imprisoned on 07/07/2021. He is in prison for the second time, the first time the same article. And tell me, is it worth going to the court of cassation? We don’t agree with the verdict, all charges were denied, his guilt was proven only on the basis of testimony the police didn’t even take his fingerprints. And tell me if the amnesty will apply to 228.2? Thanks

What will happen if during the remaining unserved part of the sentence: the convict committed a violation of public order, for which an administrative penalty was imposed on him, or maliciously evaded the fulfillment of the duties assigned to him by the court when applying parole, as well as forced sentences imposed by the court measures of a medical nature, the court, upon presentation, may decide to cancel parole and execute the remaining unserved part of the sentence; the convicted person has committed a crime through negligence or an intentional crime of minor or medium gravity, the issue of revoking or maintaining parole is decided by the court; c) the convicted person has committed a serious or especially serious crime, the court imposes punishment on him according to the rules provided for in Article 70 of the Criminal Code of the Russian Federation. According to the same rules, punishment is imposed in the case of a crime committed through negligence or an intentional crime of minor or medium gravity, if the court revokes parole.

To freedom with a clear conscience: terms for parole

• The management of the correctional institution recognizes that the convicted person no longer needs to serve the assigned sentence.
• Material damage is compensated in full.
• The criminal realized his guilt.
• The convicted person served part of the sentence, but not less than six months.
• The prisoner was diagnosed with a serious illness that cannot be cured in the prison hospital.
• The criminal was found to have a severe mental disorder that required correction in specialized psychiatric hospitals.
• The prisoner was assigned disability group 1.

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When committing a serious crime, a juvenile convict may be sent to a closed educational institution. If a teenager is sentenced to forced labor or restriction of freedom, the punishment can be terminated early if there is no violation of order.