All about parole: conditions for obtaining it, rules for writing an application

This article will focus on one of the main questions that we receive from convicts and their loved ones and parents. Namely, parole and conditions of parole. Being released on parole is actually a real way to reduce your prison term.

However, if you do not know how to properly apply for parole or make mistakes when filling out the papers, you may lose your chance to be released before the due date. And some prisoners do not apply for parole, mistakenly believing that they are not entitled to it due to various circumstances.

What is parole?

As usual, let's start by understanding: what is parole (abbreviated as parole)? The exact concept is written down in Article 79 of the Criminal Code of the Russian Federation, namely:

Parole is the release of a convicted person before the deadline established by a court sentence.

Conditional early release (better known as parole) is the only legal way, with the exception of amnesty and pardons, to be released before the deadline set by the court.

At the moment (2018), it is possible to leave prison on parole only with complete repentance for the crime committed, compensation for the harm caused (in whole or in part), as well as with exemplary behavior in prison and the absence of fears for the safety of the society in which the former prisoner will find himself.

Only persons who “have stood up for correction” and confirmed their repentance have the right to expect to be released from prison on parole.

Thus, the court needs to assess how much the convict has improved and the validity of the reasons for leaving prison (the need to care for seriously ill, needy family members, the illness of the convict himself, etc.).

The main questions to which the court will seek answers:

How the convict behaved in the colony, his compliance with the regime of serving and behavior among others;
The prisoner’s attitude towards the crime he committed, admitting guilt and bearing responsibility for the consequences (compensation for damage);
Sincerity and completeness of repentance for what has been done;
The convict has received incentives from the prison administration, as well as penalties;
Availability of an official place of work and attitude towards work;
Participation of the convict in the social life of the colony, as well as initiative and diligence;
Having a permanent place of residence.

However, the court will evaluate the totality of the circumstances, and refusing due to lack of work or place of residence will not be a reason for refusing parole.

Parole and extremism: The Plenum of the Supreme Court rewrote its “criminal” resolutions

The first block of amendments concerns Resolution No. 8 of April 21, 2009 “On the judicial practice of parole from serving a sentence, replacing the unserved part of the sentence with a more lenient type of punishment.” The Plenum of the Supreme Court has amended this document for the fourth time.

Request for replacement

If the convicted person or his lawyer applies to the court with a petition to commute the remaining part of the sentence before the deadline prescribed in Part 3 of Art. 79 of the Criminal Code, the petition must be returned to them. This article specifies how long a prisoner must serve before filing a petition. The terms vary depending on the severity of the crime.

The same rule applies to cases where the punishment has already been commuted once, but the prisoner has violated, for example, the rules of parole. If such an appeal was received by the court less than a year later (Part 12 of Article 175 of the Penal Code), the court will return it.

Chance of freedom due to illness

One of the points of the updated resolution can help seriously ill prisoners be released.

The Supreme Court emphasizes: negative characterization of the colony staff, lack of incentives during imprisonment, lack of permanent residence and “social connections” should not interfere with the release of a prisoner due to illness. As does the fact that the prisoner served only a small part of his sentence.

Deferment of punishment

When deciding on a deferment of punishment, to which, for example, parents of minor children are entitled, the court must take into account the characteristics and other data about the personality of the defendant, his living conditions and the situation of his family. You should also find out whether he has housing and the necessary conditions for living with the child.

“In this case, the court must have a document confirming the presence of a child or a medical report on the woman’s pregnancy, as well as other documents necessary to resolve the issue on the merits,” the Plenum emphasizes.

Also, for the fourth time, the Plenum amends the 2011 resolution “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors.” Most of the changes are technical in nature, but there are some noteworthy new formulations.

In pre-trial detention center for a crime of moderate gravity

The paragraph of the resolution on the possibility of placing a minor in custody, that is, in a pre-trial detention center, was supplemented with a new paragraph. According to the updated position of the Supreme Court, it is allowed to arrest such a suspect for committing a crime of medium gravity. The previous version of the resolution did not contain such instructions.

This is permissible in cases where such a preventive measure is “the only one possible in specific conditions, taking into account the circumstances of the incriminated act.” In this case, information about the identity of the alleged criminal must also be taken into account.

The plenum makes an amendment: a suspect who has not yet reached the age of 16 can be sent to a pre-trial detention center only if he has committed a crime of moderate gravity not for the first time.

Parents are not allowed to go to the cassation office

Sometimes the convicted person reaches his 18th birthday while appealing the sentence. The previous version of the Plenum resolution provided that in this case legal representatives could take part in meetings of both the appellate and cassation instances. Now the mention of cassation has been removed from the document.

Attempt at reconciliation

In the clause on possible reconciliation of the parties, the Supreme Court gave new instructions to the courts. In cases of crimes of minor or moderate gravity committed by a minor for the first time, the court must find out from the victim whether the harm caused has been made up for and whether he wants to reconcile with the defendant. All participants in the process must also be explained the procedure for terminating the criminal case in connection with the reconciliation of the parties.

The courts must check the investigator

In some cases, the investigator or prosecutor may petition the court to dismiss the criminal case against the minor.

When considering a petition, the judge must make sure that the suspicion or accusation brought against the minor is justified and supported by evidence. And the case materials must contain “sufficient data” confirming compensation for damage or otherwise making amends for the harm caused by the crime.

Will pay for the child

The Supreme Court emphasizes: a court fine imposed on a minor can be paid by his parents or guardians, but this requires their consent.

Correction instead of punishment

The Plenum reminds the courts that punishment for minors in cases of minor and moderate gravity can be replaced by “compulsory educational measures.” The court may make such a decision both at the stage of preparation for the court hearing based on the results of the preliminary hearing, and after the main trial.

The Plenum makes the most changes to the resolution “On judicial practice in criminal cases involving extremist crimes.”

Priorities have changed

In the new version of the resolution, the Plenum drew attention to extremist publications on the Internet.

Previously, the document only referred to images, audio and video files containing “signs of incitement to hostility and hatred.” All these formats of materials remained in the new version of the explanations, but now there is an indication of “text”. And “enmity and hatred” gave way to “calls for extremist activities or actions aimed at violating the territorial integrity of the Russian Federation.”

This change appeared due to the fact that many points of the resolution are now applicable not only to crimes under Art. 282 of the Criminal Code, but also to Art. 280 and 280.1 of the Criminal Code. Therefore, such amendments were made to all paragraphs of the document where “enmity and hatred” are mentioned.

Window per year

The Plenum of the Supreme Court emphasizes: criminal prosecution for calls for violating the territorial integrity of the Russian Federation is possible only if this act turns out to be repeated: less than a year must pass after the person was brought to administrative responsibility (Article 20.30.2 of the Administrative Code).

Check before the "criminal"

The one-year period after administrative liability required for criminal prosecution must be checked. Courts should clarify whether the decision to prosecute under the Code of Administrative Offenses came into force at the time of the repeated violation, whether it was executed and whether it has not been revised.

If, for example, a year has already passed, the criminal case must be returned to the prosecutor. The courts must act similarly even when the accused has made a deal with the investigation and admitted his guilt.

Set of crimes

Inciting hatred or enmity, as well as humiliation of human dignity associated with torture, must be qualified under two elements of the Criminal Code - under Art. 282 and according to paragraph “h” of Part 2 of Art. 117.

No additional qualifications for a manager

The leader of an extremist community or organization who involved other people in the activities of the group should be held liable only under the article on the organization of such a community - under Part 1 of Art. 282.1 (or 282.2 CC).

Other persons who attracted other people will be convicted under the totality of Part 2 of Art. 282.1 (or 282.2 of the Criminal Code) and part 1.1 of these articles. That is, at the same time for participation and “recruitment”.

Alone

The Plenum emphasizes: if a religious or public organization has been declared extremist by a court, its individual participants can exercise their rights “to freedom of conscience and freedom of religion,” but only if they do not try to continue or resume the activities of the banned extremist organization.

Resolution of the Plenum of the Supreme Court dated October 28, 2021 No. 32 “On amendments to certain decisions of the Plenum of the Supreme Court of the Russian Federation in criminal cases.”

Maxim Varaksin

Supreme Court of the Russian Federation

Deadline for filing an application for parole

The main thing a prisoner needs to know is the deadline for filing an application for parole and how it is calculated.

The period of parole is calculated depending on the severity of the crime committed, and not on the mode of serving the sentence.

To determine the upper limit of the severity of a crime, you need to refer to Article 15 of the Criminal Code of the Russian Federation. The main things to pay attention to:

The severity of the crime is determined by the maximum term of imprisonment;
To determine the period for applying for parole, you need to take into account the maximum period provided for in the article for committing the crime, and not the period for which the offender was sentenced.

To apply for parole, you must prove your actual time served. More details in Articles 79-80 and 93 of the Criminal Code of the Russian Federation.

Let's look at it with an example. So, let's take a person sentenced to 5 years in prison for committing a crime for which the maximum sentence is 10 years. Accordingly, the crime is classified as serious. Next you need to multiply 5 years by ½, and the result is 2.5 years.

By the way, a lawyer has the right to file a petition for parole without the knowledge of the convicted person by agreement with the relatives of the convicted person.

Penalties and incentives

The presence or absence of incentives and penalties for a convicted person cannot in itself serve as either an obstacle or a basis for parole. The main thing is the nature of the positive behavior that served as the reason for the reward, or the severity and repetition of violations.

Malicious violations

The list of malicious violations is contained in Art. 116 of the Penal Code of the Russian Federation. These include, for example; consumption of alcoholic beverages, drugs; petty hooliganism; threat, disobedience to representatives of the administration of the correctional institution; production or storage of prohibited items; avoidance of mandatory treatment; refusal to work without good reason. On the other hand, minor violations may be allowed to convicts. For example, the convict did not say hello to an employee of the administration of the correctional institution or did not make his bed. They, as a rule, are not determined by the nature of the crimes for which the sentence is being served, and should not interfere with parole. The assessment of penalties imposed on a convicted person for the entire period of serving a sentence involves taking into account, among other things, violations for which penalties were repaid over time (1 year after their imposition). This law enforcement practice was the subject of consideration by the Constitutional Court of the Russian Federation and was not condemned. The Constitutional Court of the Russian Federation stated that the norms of the Penal Code of the Russian Federation, establishing the procedure for repaying disciplinary penalties, do not regulate issues of parole. The opposite approach would involve taking into account only those violations that were committed by the convicted person during the last year before applying for parole, regardless of the sentence served - 2 years or, for example, 25 years for those sentenced to life imprisonment.

In addition, when assessing the behavior of a convicted person, other manifestations of behavior may be taken into account for which he was not punished or rewarded, but which may indicate the need to further serve the sentence for his correction. For example, a tendency to drink alcoholic beverages, adherence to the so-called thieves' traditions.

When can I apply for parole?

We know that before applying for parole, a convicted person must “serve” part of his sentence in prison.

The most common misconception is that a convicted person must serve 6 months before applying for parole. Actually this is not true.

By the way, a great way to check the competence of your lawyer is to ask him this question, because many representatives of the prison administration and the legal profession are trying to convince him of the need for a six-month sentence.

So, you can submit an application for parole at any time. However, you can be released on parole only after serving your sentence for at least six months in any correctional institution. This is the difference.

Even those prisoners who are serving a life sentence after 25 years can apply for parole.

In addition, the period for filing an application for parole will depend on the severity of the crime committed. According to Part 3 of Article 79 of the Criminal Code of the Russian Federation, the terms of actual serving of the sentence before filing an application for parole are as follows:

Minor crime – 1/3 of the maximum sentence;
Crime of average gravity – 1/3 of the maximum sentence;
Felony – ½ (half) of the maximum sentence;
Particularly serious crime - 2/3 of the maximum sentence.

If a person has been sentenced to life imprisonment, then he can apply for parole after 25 years of imprisonment.

You can submit a petition to any temporary detention facility without waiting for the first 6 months of serving your sentence.

Deadline for applying parole under Article 228

In accordance with the current legislation, namely Article 79 of the Criminal Code of the Russian Federation, in order to apply for parole under Article 228, you must serve at least ¾ of the term appointed by the court. But if the punishment was provided for under the first part of the article, the petition can be filed after serving a third of the sentence.

In fact, release after serving ⅓ of the sentence is rare in practice. Judges are more likely to believe that drug trafficking, even on a small scale, causes significant harm to social relations. Therefore, early release of the guilty begins closer to the end of the sentence.

When can you not apply for parole?

There is no need to apply for parole if the prison sentence of the convicted person is less than 8 months, some lawyers say less than a year. In this case, it is simply pointless to apply for parole if, after six months, only a couple of months of serving the sentence remain.

In addition, the application itself can take several months to be considered, on average a couple of months. This means that filing an application for parole is simply pointless and the term cannot be reduced in any way.

For some reason, there is an opinion that parole is not available to all convicts. Moreover, many are trying to dictate a list of crimes, the punishment for which is not reduced. In fact, this is not the case, and the Criminal Code does not establish a list of articles for violation of which a convicted person loses the right to parole.

Parole is available to all convicts, regardless of what crime they are imprisoned for and under what article.

However, despite the fact that not a single article of the Criminal Code is an obstacle to obtaining parole, many are deprived of the right to it only due to ignorance of the laws.

Let's look at the statistics

Currently, there are more than two thousand people sentenced to life imprisonment in Russian prisons. Of these, about 300 prisoners have been behind bars for more than 25 years. Thus, each of them has the right to apply for parole.

At the moment, every fifth life-sentenced criminal has exercised this right. And all these petitions were rejected by the court.

Only five Russian prisoners convicted of particularly serious crimes received pardon. They managed to be released after their sentences were reviewed in accordance with modern standards of the Criminal Code of the Russian Federation. That is, there was a reclassification of criminal articles, which allowed former dangerous criminals to be released. However, this can be considered rather an exception to the rule. Moreover, some media write that in reality there were not five, but six such prisoners.

When making a decision regarding parole for life prisoners, the courts must take into account the content of the explanatory note, which stated that persons who have committed serious and especially serious crimes are not eligible for parole. Therefore, today those people who have been sentenced to capital punishment have practically no chance of being released.

Application for parole: who has the right and basic conditions

Contrary to the opinion of the majority, applications for parole are not written by officials or managers of the correctional institution, but by:

The convicted person himself;
The legal representative of the convicted person, acting on his behalf by proxy on his behalf.

In addition, if a prisoner convicted of committing a new crime has previously left prison on parole, he has the right to reapply for parole without additional conditions and requirements.

An application for parole is submitted to the court by the convicted person, his legal representative or lawyer.

The question of the possibility of granting parole is considered in court, where the convict, a lawyer and people who testify to the convict’s change for the better will participate.

So, in order for the court to grant a request for parole, you need to prove:

The convicted person fully or partially compensated for the damage caused by him and other other harm caused to the injured party;
The convict made amends to the victim in any available way while serving his sentence;
The convicted person completely repented of the crime committed;
The convict complied with all the rules of the correctional institution and showed exemplary behavior;
Other facts and evidence of the correction of the convicted person and his work to correct the consequences of the crime.

All evidence presented must show the court that the convicted person has completely reformed in a correctional institution and that further changes in personality do not require a stay in prison. It is most effective to enlist the support of witnesses from the victim, but this is quite difficult to do due to subjective factors.

The main goal of a lawyer or legal representative is to prove in court that the convicted person has shown exemplary behavior and that his further correction does not require being in a colony.

An application for parole must be submitted to the administration of the correctional institution where the convicted person is serving his sentence. This legal requirement is established in paragraph 1 of Article 175 of the Criminal Executive Code of the Russian Federation.

In addition, the convicted person must be fully capable and of legal age in order to deal with the issue of parole on his own.

If the convicted person is incompetent, then his legal representative or lawyer must apply for parole.

For juvenile convicts (from 16 to 18 years old), the procedure for applying for parole is somewhat different.

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How to obtain parole under Article 228 of the Criminal Code of the Russian Federation

Parole for possession and distribution of drugs is possible only if the convicted person correctly builds a model of his behavior. To get a chance to be released before the end of the sentence, you need to prove to the court that the offender has ceased to be socially dangerous.

To do this you need to meet the following requirements:

Good behavior. The convicted person should not have any comments, should not be seen in violation of order, etc. At the same time, the Supreme Court found that the main importance should not be given to the presence of penalties and incentives. But in practice they are still regarded as fundamental factors.
Work. Those convicts who do not work in prisons cannot be released early.
Social activity. Participation in a musical group or sporting event is also important. In this way, the prisoner shows that he can be part of a team and, accordingly, reintegrate into society.
Working with a narcologist. If a citizen was also found in a state of drug intoxication, he needs to prove that he has gotten rid of his addiction and will be able to lead his life in freedom without using drugs.
Working with a psychologist. Receiving a good reference from him may be a reason for approval of early release.

The court will not focus only on one point. He will look at the situation as a whole. And even if certain conditions are not met, this does not mean that parole is impossible.

Article 228 of the Criminal Code of the Russian Federation is complicated by the fact that parole under it is not often approved. There are not many positive practices. This does not mean that the convicted person will not be able to leave earlier. This means that he needs to try and really convince the judges that he can become a full and useful member of society.

How to apply for parole for a convicted minor?

According to the law, minors, even if they are convicted, are not adults who can engage in such activities. Therefore, they can submit a petition:

Parents of the convicted person (both biological and adoptive);
Guardians of a convicted teenager;
Legal representatives;
Advocate.

Lawyers try to classify parents and guardians as legal representatives who can express their will and protect the interests of their ward. The ward, as a rule, is a minor or incompetent (fully or partially).

Legal representatives can:

Act in court to protect the interests of your ward;
Collect evidence that the convicted person is eligible for parole and has changed sufficiently while serving his sentence;
Protect your ward and search for a lawyer.

In addition, in all cases related to filing an application for parole and contacting the prison administration, it will be the representative, and not the convicted person himself, who will work.

So, according to the Criminal Code, not everyone can become representatives of a minor teenager serving a sentence. They can only be persons who have a special right to do so:

Parents;
Guardians or adoptive parents;
Trustees;
Representatives from orphanages, homes for the disabled, etc., where a minor under the care of the state permanently lived.
Employees of the guardianship and trusteeship authorities, if the convicted person does not have other relatives who can become a legal representative, or if they were not allowed to attend the court hearing.

To confirm his rights and permission to perform actions to submit documents, the legal representative must submit the appropriate document confirming his right:

Passport for all categories of representatives;
Child's birth certificate;
Child adoption certificate;
Decision to establish guardianship and trusteeship of a child;
Appointment of an employee as a legal representative for representatives of guardianship and trusteeship authorities.

Additional documents, such as a representation agreement or a general power of attorney, are not required, since the issue concerns a person who is not fully capable - a minor teenager. In fact, even to sign documents on choosing a legal representative, he must reach the age of majority.

Only persons responsible for him (parents, guardians, trustees) can represent the interests of a minor teenager. It is unacceptable to involve third parties by proxy.

Is early application for parole allowed?

You need to be careful when choosing when to file your petition. You cannot submit it much earlier than the deadline. However, there is a small loophole here.

According to Article 175 of the Criminal Procedure Code of the Russian Federation, the administration of the correctional institution where the convicted person resides must transfer the application for parole received from the convicted person within 10 days from the date of its receipt. And as we know, most workers in this field of activity transfer documents on the last possible day, leaving the convicted person the opportunity to make changes to it. In addition, this time is used to prepare a profile of the prisoner.

The application for parole is submitted by the prison administration for consideration in court no later than 10 days from the date of its submission.

Therefore, it is permissible to submit an application a couple of days earlier than the official deadline for filing an application. For example, if the filing deadline for your client is July 27, then you have the right to submit the document starting July 23 with a small margin of time for the administration to prepare a description. However, be prepared for the fact that due to human factors the petition will be submitted to the court on time, since in some correctional institutions the established deadlines are often violated.

How do you apply for parole?

The submission process is as follows. The first step is to file a petition. The petition must be sent to the court at the location of the colony. The petition must indicate the reasons why the court should release you.

During the proceedings, a reasoned conclusion from the colony administration is attached to the case, which indicates how advisable it is to release the prisoner on parole.

The court is obliged to examine all the evidence presented:

information about your behavior;
documents on incentive measures and penalties during the period of imprisonment.

If the behavior left much to be desired, there were fights or violations of discipline, release will naturally be denied. To apply or not to apply parole is the right of the court, not an obligation. Therefore, everything will depend largely on how the prisoner performed during his time in the correctional facility.

To decide whether to release a prisoner early or not, the court takes into account:

positive characteristics from the management of the correctional institution;
his behavior after the verdict;
attitude to the educational and labor processes that are organized in the colony;
the composition of incentives and penalties received during the period of imprisonment;
attitude towards what was done;
information about repentance;
confirmation of the facts of compensation for harm to the victim or the state.

Materials are submitted to the court in person or through a lawyer. If the court refuses to satisfy the petition, the next time it can be filed only after six months.

Repeated application for parole

Sometimes the court denies a request for parole for certain reasons. However, if the convicted person does not agree with this and continues to hope for release on parole, then he can re-apply for parole.

You can re-apply for parole after 6 months have passed from the court’s refusal to satisfy the first request for early release from prison - Article 175 of the Criminal Executive Code of the Russian Federation.

If the convicted person submits a second application for parole ahead of schedule, the court will immediately issue a decision to refuse to accept the application. The document will be returned to the convicted person, and the prisoner will again have to wait six months to resubmit the application.

The deadline for re-application for parole is established in the Resolution of the Plenum of the Supreme Court dated April 21, 2009.

Other circumstances that are taken into account by the court

Information about the identity of the convicted person

The list of circumstances provided in the law that must be taken into account when considering applications for parole is not exhaustive. In this case, attention should be paid not only to the circumstances specified in the law, but also to the age of the convicted person, his state of health, marital status, availability of a place to live, the possibility of employment after release, and the presence of other socially useful connections.

The legislator does not establish what significance certain circumstances may have when deciding on parole from serving a sentence, thereby giving the court the right to decide in each specific case whether those contained in the petition for parole and other materials are sufficient information to recognize the convicted person as not needing to serve the full sentence imposed by the court. The conclusion about the presence or absence of grounds for the application of parole, which the court reaches in its decision, must be substantiated by reference to specific factual circumstances examined at the court hearing.

For example, refusing to satisfy the petition of the convicted K. for conditional early release from serving his sentence, the court, in support of its conclusions, referred to data on the personality of the convicted person and his behavior during the period of serving his sentence and indicated that the convicted person was not employed, for the period of 2015 he had only one encouragement, in connection with which he came to the conclusion that the convicted K. was just starting on the path of correction and needed to further serve his sentence.

Meanwhile, at the court hearing it was established that during the period of serving his sentence, K. proved himself on the positive side, has 3 awards for good behavior and participation in the public life of the detachment, and has no penalties. He was not employed, he was involved in the work of improving the colony, and had a positive attitude towards the work. On a voluntary basis, he took an active part in carrying out repair work in the detachment. Provides active assistance to the administration in holding cultural events with convicts in the detachment and the colony. Follows instructions. He regularly attends educational events and draws the right conclusions for himself. He has a positive attitude towards the established procedure for serving the sentence. Takes an active positive position, strives to break with the criminal subculture, maintains friendly relations with convicts with a positive orientation. The court did not establish any specific data negatively characterizing the convicted person, indicating that he did not take the path of correction, and was not cited in the appealed Resolution. All this served as the basis for canceling the decision of the court of first instance

Victim's opinion

Changes in legislation related to ensuring the right of the victim to take part in the courts' consideration of the applications of convicts for parole, puts on the agenda the question of what impact his opinion on the issue under discussion may have on the court's decision. Here we should proceed from the legal positions expressed in the Resolution of the Constitutional Court of the Russian Federation of March 18, 2014 No. 5-P. They lie in the fact that the state’s obligation to ensure the rights of crime victims does not imply granting them the right to determine the limits of criminal liability and punishment imposed on the guilty person. This right belongs only to the state, represented by its legislative and law enforcement bodies, which fully applies to resolving the issue of applying parole. The procedural status of the victim implies his right to bring to the court his position on the issue of parole of the convicted person, which does not in itself predetermine the decision on the merits of the issue. At the same time, his position makes it possible to take into account the interests of the victim related to ensuring his personal safety, protecting his family and loved ones from threats from the person who committed the crime, or receiving real compensation for the harm caused by this crime.

Thus, what may be important for the court is not the victim’s opinion in itself (positive or negative), but only his opinion on issues related to ensuring the safety of himself, his family and loved ones from threats from the person who committed the crime, or related to obtaining real compensation for the harm caused by this crime. Information provided by the victim on these issues must be taken into account by the court when assessing whether the convicted person needs to continue serving his sentence or can be released early. For example, threats of violence against the victim, an expression of unwillingness to compensate for the damage caused may indicate that the convicted person needs to further serve his sentence.

This is confirmed by the judicial practice studied in the legal literature. Thus, when considering a petition for parole from punishment for a convicted person for threatening to kill and non-payment of alimony, a victim who lived in another city came to the Kuntsevsky District Court of Moscow and presented letters from the convicted person containing threats and insults. The court refused to satisfy the request.

Conclusion of the correctional institution administration

In accordance with Part 4.1 of Art. 79 of the Criminal Code of the Russian Federation, courts should also take into account the conclusion of the administration of the correctional institution on the advisability of releasing the convicted person on parole. This circumstance can hardly be regarded as a material basis for the application of parole. Such a conclusion is a document of a procedural nature. It must express the reasoned opinion of the body executing the punishment on the issue considered by the court, factual circumstances indicating the presence or absence of grounds (formal and material) for the application of parole.

Can the court refuse parole and acceptance of the petition?

Let's split the question into two and answer separately.

The court does not have the right to refuse to accept a petition that is drawn up in accordance with all the rules and submitted on time. In addition, if the administration of a correctional institution deliberately delays the preparation of documents, then, at the request of a lawyer, the court can help speed up this process.
The court has the right to refuse to grant parole and release from prison if they remain in doubt about the safety of the convicted person for society.

To request the court's assistance in collecting documents, you need to send a lawyer to the judge to prove that the correctional institution is not fulfilling its duties and is interfering with the collection of documents.

Rules for drawing up an application for parole in 2018

So, your application for parole must contain the following information:

Full name, address and details of the court where the application will be considered;
Information about the prisoner: full name in the nominative case;
Place of serving the sentence;
Term of imprisonment.

Data on the court verdict;

Circumstances giving grounds for allowing a convicted person to leave prison early on parole;

Request for parole;

Date of writing the petition and signature;

List of attached documents.

Compensation for damage caused by a crime

When assessing such a circumstance as compensation for harm caused by a crime, one should take into account the reasons why the harm is not compensated. For example, harm may not be compensated due to objective reasons such as the disability of the convicted person or the presence of diseases that prevent employment, or the impossibility of employment due to the limited number of jobs in the colony.

At the same time, established facts of deliberate evasion of a convicted person from compensation for damage caused by a crime (by concealing property, income, avoiding work, etc.), along with other circumstances, can serve as an obstacle to parole.

List of required documents

So, we moved on to the practical part - collecting documents for filing an application for parole.

You will need:

A petition completed by you or your attorney;
A copy of the court verdict, including all pages of the document.

Never spoil, tear or throw away a court verdict that may be needed to apply for parole, sentence commutation, cassation or appeal.

Additional documents:

Certificate about the difficult situation of the convicted person’s family, in which he is the breadwinner. Get in touch;
Certificate of pregnancy of the convicted person;
Birth certificate of the convicted minor children;
A certificate of official employment, which will confirm that the convicted person will be immediately employed upon release from prison, and therefore will have the opportunity to earn money;
Certificate of registration where the convicted person will live after early release from prison. It is enough to show the stamp in your passport;
Characteristics from the local police officer, neighbors, former employers. The more positive characteristics and testimonies you collect, the better;
Certificate of health of the parents, wife or dependents of the convicted person, if their need for care by the convicted person is the basis for parole;
Marriage certificate;
A certificate from the place of study with a reference, if the convicted person did not have time to complete his education before being convicted, and therefore decided to reinstate himself in his studies;
Army characteristics, if the convicted person was transferred to the reserve relatively recently. As a rule, up to 5 years are considered.
Certificate of health of the convicted person if he requires parole due to illness or injury;
Guilty plea. However, lawyers advise filing it at least 6-9 months before the date of filing the application for parole, so that the judge does not perceive it skeptically.

In addition, the administration of the colony or other correctional institution where the convicted person is serving his sentence must provide the following documents without fail:

Characteristics from the head of the detachment, certified by the head of the institution;
Certificate of earnings during your stay in a correctional institution. Issued by an accountant and certified by the signature of the head of the institution.
Results of psychological research from a staff psychologist.

The prison administration is obliged to prepare documents within 10 days from the moment the convict or his lawyer submits an application for parole.

Rights of a convicted person when considering a petition

According to Art. 399 of the Code of Criminal Procedure of the Russian Federation, when considering applications for parole, the convicted person has the right to participate in the court hearing. He is also ensured the exercise of his rights with the help of a lawyer. The principle here is that the court, in accordance with Art. 11 of the Code of Criminal Procedure of the Russian Federation is obliged to explain to the convicted person his procedural rights. In judicial practice, the rule has already been established that the courts, at the request of the convicted person, must provide him with personal participation in the court hearing directly or through the use of video conferencing systems. Violation of this right entails the unconditional cancellation of the court decision.

Right to a defender

During the court hearing, the convicted person has the right to have the assistance of a lawyer. It is no coincidence that the law does not call him a defense attorney, since in this procedure an accusation that has not been brought against a person is considered, professional assistance in defense against which must be provided by the state. The duty of state bodies in this case is to explain to the convicted person the right to use the services of a lawyer as part of the implementation of what is provided for in Art. 48 of the Constitution of the Russian Federation, everyone has the right to receive qualified legal assistance. In Resolution No. 21 of December 20, 2011 “On the practice of courts’ application of legislation on the execution of sentences,” the Plenum of the Supreme Court of the Russian Federation drew the attention of the courts to the fact that the current legislation does not allow a decrease in the level of guarantees of the right to judicial protection for convicted persons and when the court resolves issues related to the execution of the sentence. As the Constitutional Court of the Russian Federation indicated in one of its Determinations, the court, when considering issues related to the execution of a sentence, does not resolve the issue of charges of committing a crime, including those for which a sentence of imprisonment for a term of over fifteen may be imposed. years, life imprisonment or death penalty. He implements his enshrined art. 397 of the Code of Criminal Procedure of the Russian Federation has the power to resolve the issue of release from punishment or mitigation of punishment related to the execution of the sentence. The court is obliged to explain to the convicted person his right to have a defense attorney participate in his case and to ensure the possibility of exercising this right at the request of the convicted person.

Therefore, at the request of the convicted person, the court is obliged to allow a lawyer of his choice to participate in the case by agreement or to assign him a defense attorney at his request. At the request of the convicted person, his close relatives or other persons, along with a lawyer, may also be allowed to participate in the court hearing in the manner prescribed by Part 2 of Art. 49 of the Code of Criminal Procedure of the Russian Federation.

Notice of time and place of trial

At the same time, it is unlikely that the provision provided for in Part 2 of Art. 399 of the Code of Criminal Procedure of the Russian Federation obliges the courts to notify the convicted person of the date, time and place of the court hearing no later than 14 days before the day of the court hearing. In addition, the convicted person is given another 10 days from the date of receipt of the notice to submit a request to participate in the court hearing. As a result, given the current speed of correspondence delivery, just resolving these obvious organizational issues may take an unreasonably long time. It would be more correct to indicate the desire to participate in the consideration of the petition or to waive this right in the text of the petition itself.

Some employees and even heads of departments of the penitentiary service incorrectly interpret the provision of the law that applications for parole should be considered “at the location of the institution executing the sentence in which the convicted person is serving his sentence” (Part 3 of Article 396 of the Code of Criminal Procedure of the Russian Federation) . They believe that courts in all cases are obliged to go directly to the correctional colony where the convicted person is being held and examine these materials there. But this provision of the law only means that such materials are subject to consideration by the district court at the location of the correctional institution. The specific location of the court hearing is determined by the court, taking into account all the circumstances, including the creation of appropriate conditions for the dignified administration of justice.

How can I get a copy of the judgment if it is lost?

Obtain a photocopy from the warden. Don’t be afraid to insist if you are refused due to a printer failure or other technical reasons;
Give close relatives a power of attorney to receive a copy of the verdict in the court where the convicted person’s case was heard;
Your lawyer can also obtain a copy of the verdict;
Send a registered letter to the court with a request to send you a copy of the verdict. The first time is free, and all subsequent copies are issued after paying a small state fee.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve the issue you have regarding Criminal Law, we advise you to seek the advice of a lawyer in support of the site.