How to get out on parole
Author: Anatoly Antonov, June 25, 2022 at 22:20 Good afternoon!
According to Part 2 of Article 158 of the Criminal Code, theft is committed: a) by a group of persons by prior conspiracy; b) with illegal entry into the premises or other storage; c) causing significant damage to a citizen; d) from clothes, a bag or other hand luggage that were with the victim - shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to five years with or without restriction of freedom for a term of up to one year, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it. According to Article 15 of the Criminal Code, depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code exceeds three years of imprisonment. Serious crimes are intentional acts for which the maximum punishment provided for by this Code does not exceed ten years of imprisonment. Particularly serious crimes are intentional acts, the commission of which is punishable by this Code in the form of imprisonment for a term of over ten years or a more severe punishment. Taking into account the actual circumstances of the crime and the degree of its public danger, the court has the right, in the presence of mitigating circumstances and in the absence of aggravating circumstances, to change the category of the crime to a less serious one, but not more than one category of crime, provided that for committing the crime specified in part three of this article, the convicted person is sentenced to a sentence not exceeding three years of imprisonment, or another more lenient punishment; for committing a crime specified in part four of this article, the convicted person is sentenced to a punishment not exceeding five years of imprisonment, or another more lenient punishment; for committing a crime specified in part five of this article, the convicted person is sentenced to a punishment not exceeding seven years of imprisonment. According to Article 79 of the Criminal Code, a person serving detention in a disciplinary military unit, forced labor or imprisonment is subject to parole if the court recognizes that for his correction he does not need to fully serve the sentence imposed by the court, and also compensated harm (in whole or in part) caused by a crime, in the amount determined by a court decision. In this case, the person may be fully or partially released from serving an additional type of punishment. When applying conditional early release, the court may impose on the convicted person the duties provided for in part five of Article 73 of this Code, which must be fulfilled by him during the remaining unserved part of the sentence. Conditional early release can be applied only after the convicted person has actually served: a) at least one third of the sentence imposed for a crime of minor or medium gravity; b) at least half of the sentence imposed for a serious crime; 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; d) at least three quarters of the sentence imposed for crimes against the sexual integrity of minors, as well as for grave and especially grave crimes related to the illicit trafficking of narcotic drugs, psychotropic substances and their precursors, as well as for crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 210 and 361 of this Code; e) at least four-fifths of the sentence imposed for crimes against the sexual integrity of minors under fourteen years of age. The term of imprisonment actually served by the convicted person cannot be less than six months. When considering a convicted person’s request for conditional early release from serving a sentence, the court takes into account the behavior of the convicted person, his attitude to study and work during the entire period of serving the sentence, including available incentives and penalties, the attitude of the convicted person to the committed act and the fact that the convicted person is partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime, as well as the conclusion of the administration of the correctional institution on the advisability of his parole. In relation to a convicted person suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, and who, at the age of over eighteen years, has committed a crime against the sexual integrity of a minor under fourteen years of age, the court also takes into account the application of compulsory medical measures to the convicted person, his attitude towards treatment and results of forensic psychiatric examination. A person serving a life imprisonment may be released on parole if the court finds that he does not need to further serve this sentence and has actually served at least twenty-five years of imprisonment. Conditional early release from further serving of life imprisonment is applied only if the convicted person has not committed malicious violations of the established procedure for serving the sentence during the previous three years. A person who commits a new grave or especially grave crime while serving a life imprisonment is not subject to parole. Control over the behavior of a person released on parole is carried out by an authorized specialized state body, and in relation to military personnel - by the command of military units and institutions. If, during the remaining unserved part of the sentence: a) the convicted person 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 the proposal of the authorities specified in part six of this article, may decide to cancel parole and execute the remaining unserved part of the sentence; b) the convicted person has committed a crime through negligence or an intentional crime of minor or medium gravity, the issue of canceling 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 this Code. 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. According to Parts 3.1-3.4 of Article 72 of the Criminal Code, the time a person is held in custody is counted towards the term of imprisonment, with the exception of cases provided for in parts three.2 and three.3 of this article, at the rate of one day for: a) one the day of serving the sentence in a prison or correctional colony of strict or special regime; b) one and a half days of serving the sentence in an educational colony or a general regime correctional colony; c) two days of serving the sentence in a colony settlement. The time a person is held in custody is counted towards the term of imprisonment at the rate of one day per day in relation to those convicted of particularly dangerous recidivism of crimes; convicts for whom the death penalty by way of pardon has been replaced by life imprisonment or imprisonment for a term of twenty-five years; convicted for crimes provided for in Articles 205 - 205.5, parts three and four of Article 206, articles 208, 209, part four of Article 211, parts two and three of Article 228, articles 228.1, 229, 275, 276, 361 of this Code, and associated with carrying out terrorist activities are crimes provided for in Articles 277 - 279 and 360 of this Code. The time a person is in custody is counted towards the term of imprisonment at the rate of one day for one day in relation to the period of stay of a convicted person serving a sentence under strict conditions in an educational colony or a general regime correctional colony, in a penal or disciplinary isolator, a cell-type premises or a single cell-type premises type, in the case of applying penalties to a convicted person in accordance with the penal legislation of the Russian Federation. The time a person is under house arrest is counted towards the period of detention pending trial and the period of imprisonment at the rate of two days under house arrest for one day of detention or imprisonment. Thus, the presence of a relapse is not an obstacle to the parole of a person. The time spent in a pre-trial detention center is subject to credit. You can only be released on parole after serving 7 months and 10 days of imprisonment. Answer
How to apply for parole
Additional information
The petition can be drawn up either by the criminal himself or by his lawyer. Parents can submit an application for convicted minors.
Every convicted person who wishes to be released from punishment ahead of schedule must write a corresponding application. A sample application for parole from a convicted person is not established by law, but it should reflect all the points that prove the person’s correction.
The petition is addressed to the same court that pronounced the sentence against the convicted person. It is submitted through the administration of the colony, which sends it to the addressee within 10 days. The following must be attached to the application:
- a copy of the court verdict (officially certified by the court);
- characteristics from the place of serving the sentence;
- payment and other documents confirming compensation for material damage (if it was caused by a crime).
If these documents are not available, the petition must ask the court to make an appropriate request to obtain them. Other documents are attached upon request.
After receiving the petition, the judge requests the criminal case from the archive and studies it together with the received documents.
Please note that exemption from criminal punishment does not mean exemption from criminal liability. However, for some reasons, a citizen can absolve himself of responsibility in a criminal case. This happens in case of amnesty, expiration of statute of limitations, and so on. Read more in this article https://lexconsult.online/8615-varianty-osvobozhdeniya-ot-ugolovnoi-otvetstvennosti
Serving a sentence after parole
The procedural procedure for conditional early release from punishment provides for the return of the convicted person to actually serving his sentence under the following circumstances:
- While at large, the released person has committed an administrative offense or does not comply with the obligations imposed on him by the court (for example, to get a job or recover from alcoholism).
- Committed a crime before the expiration of his sentence. In this case, the court, choosing the measure of responsibility for a new crime, adds in whole or in part the unserved punishment for the previous offense.
Conditions of detention in a colony-settlement
Colony-settlement is the mildest mode of serving real imprisonment. Convicts wear civilian clothes, can use money and carry valuables, and have unlimited communication with relatives and friends (not only by phone, but also during visits, the number of which is not limited). The number of transfers is also unlimited.
Positively characterized convicts can even, with the permission of the administration, go home on weekends or vacations. In addition, you can find a job outside the colony-settlement and go to work every day - practically “like all normal people.” All this, of course, with reservations, and subject to compliance with the regime. But in general, the FSIN understands that the wards of colony settlements are not really criminals, but just one name.
Conditions of detention in penal colonies are described in Article 129 of the Penal Code of the Russian Federation. In addition, colonists are subject to certain reservations introduced into the Internal Regulations of institutions of the penitentiary system. These “reservations” are basically provided just for some easing of the regime.
Here are the features of the detention of convicts in colony settlements, which are indicated by the Penal Code of the Russian Federation:
- in colony-settlements, convicts are kept without guards, but under the supervision of the administration of the colony-settlement;
- during the hours from getting up to lights out, convicts enjoy the right to free movement within the colony-settlement;
- with the permission of the administration of the colony-settlement, they can move without supervision outside the colony-settlement, but within the boundaries of the municipal entity on the territory of which the colony-settlement is located, if this is necessary due to the nature of the work they perform or in connection with training;
- convicts may wear civilian clothes;
- convicts may have money and valuables with them;
- convicts use money without restrictions;
- convicts receive parcels, parcels and parcels without restrictions;
- convicts may have visits without limiting their number.
Convicts live in dormitories (“barracks”) - the same as in general and strict regimes, but with a little more allowances. It is a mistake to believe that the residents of the command post “feel at home,” but the administration should not be excessively strict towards them. In practice, of course, things vary.
Often living conditions in a colony-settlement depend on the characteristics of the place where the settlement is located. For example, the establishment of KP-8 of the Federal Penitentiary Service of Russia for St. Petersburg and the Leningrad Region is located on the territory of “Old Crosses” - a former pre-trial detention center. Moreover, the quarantine department of the colony is located directly in the cells declared unsuitable for living. Of course, an old regime facility tends to be strict and restrictive. KP-8 is one of the harshest “villages” we know.
In general, colony settlements often resemble a pioneer camp more than a prison. In practice, this is a “high security pioneer camp.” Strict, of course, for a pioneer camp, but just soft enough for a colony.
Changing mode
The conditions are generally the same as for the above options. Regulated by Article 78 of the Criminal Code
The terms are different - you need to serve one third for crimes of minor gravity, moderate gravity and serious ones. And for especially serious cases - two thirds.
It is important that all these methods can be used in parallel. Those. using one option does not “trigger” the six-month barrier to re-filing under the other option. So, if you are denied parole, then at least in a week you can apply for a replacement.
