Conditional early release from serving a sentence (minors). Lawyer's comment

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Unfortunately, there are often cases in our everyday life when a teenager who has not reached the age of majority can be drawn into committing acts that run counter to the basic norms of the law. Sometimes a minor himself, due to a misunderstanding of the subsequent consequences or a still fragile psyche, an incompletely formed worldview, or lack of experience, for reasons difficult to understand for adults, commits a crime.

The Russian legislator, taking into account the age of the person who committed the act and his characteristics, tried to provide possible options for re-education and preventing such teenagers from committing new illegal acts, without bringing them to criminal responsibility and punishment, suggesting the possibility of their correction.

Since, no matter how it is said that an expunged criminal record is equivalent to a person’s non-conviction, the attitude towards people who have served sentences of imprisonment in society remains ambiguous, which cannot be called friendly. Most often, this causes distrust in a person, even with a basic job application.

The law provides for several options when a minor who has committed criminal acts, in cases where he has realized everything he has done and what he has done did not have serious or especially grave consequences, is released:

or from criminal liability in general, even possibly at the preliminary stage of the investigation;
or already in the judicial process from actual prosecution and the application of corrective measures of punishment.

However, if, nevertheless, penalties in the form of imprisonment are applied to a teenager, the law also provides for taking into account the peculiarities of the age of the person who committed criminal acts. For example, punishments are imposed in a more lenient form than those provided for similar crimes for adults who have committed a crime, and the possibilities for parole are simplified.

Let us dwell in a little more detail on the conditional and early release of persons who committed crimes as minors.

Grounds for parole from serving a sentence (minors)

Conditional early release is, first of all, possible if there is reason to believe that the teenager who committed the unlawful act has realized his guilt, and there are clear shifts in his desire to prove by his behavior that he has taken the path of correction.

This can be expressed in compliance with the standards of behavior and life in the correctional institution in which he is serving his sentence, and in attitude to study or work, and in active participation in public life.

Thus, it becomes clear that in order for a teenager to fully reform (which is the main purpose of punishment), there is no need for him to remain in prison, isolated from society until the end of the term initially assigned by the court verdict.

But in order to be able to conditionally release a minor from continuing to serve a sentence in a correctional institution, it is necessary that he serve a certain term, depending on the qualifications of the criminal act committed, and the consequences for the victims and society that resulted from these acts.

In what cases is parole used?

The conditions for early release are set out in Part 1 of Article 79 of the Criminal Code of the Russian Federation. This opportunity is provided to those persons who have received the following types of punishment:

forced labor;
referral to a disciplinary military unit;
imprisonment.

Any convicted person can apply for early release. The main thing is that he serves a certain part of the sentence. It all depends on the severity of the crime committed.

So, you can ask for parole after serving:

1/3 of the term if the person committed a crime of minor or medium gravity (insult, theft);
½ term for serious crimes (for example, causing grievous bodily harm);
2/3 of the sentence for a particularly serious crime, for example, murder under aggravating circumstances (the same amount will have to be served for a repeat offender who has previously received parole);
¾ of the term for committing crimes listed in paragraph “d” of Part 3 of the 79th Article (for example, for drug trafficking);
4/5 of the term if the culprit committed a crime against the sexual integrity of a child under 14 years of age.

Regardless of the situation, the total term of the sentence served must exceed six months.

Terms of serving the sentence

So, the terms for serving a sentence for criminal acts committed by persons under 18 years of age are assigned taking into account the age and personal characteristics of the person who violated the law, and, of course, taking into account the degree of severity caused by the criminal acts.

The chosen punishments for teenagers are much milder than those applied to adults who have committed similar acts, taking into account the fact that these are already formed individuals who are aware of their actions and deeds. The terms of execution of the sentence are also assigned taking into account the age of the person who committed the criminal act.

Consistent is the fact that the mandatory terms of serving the assigned sentence for possible early conditional release for adolescents in prison have also been halved. Compared to the terms that must be served in a correctional facility before adults who have committed a crime can be considered for parole.

Thus, if a minor is serving a sentence for criminal acts that had minor, moderate or severe consequences, he must serve at least 1/3 of the imposed sentence.

In cases where a person under 18 years of age is serving a sentence for committing a particularly serious crime, he is required to serve at least 2/3 of the assigned term in a correctional institution.

In this case, the period of stay in correctional institutions for a minor to consider the possibility of parole must be at least six months.

Release of minors from punishment

For persons who committed crimes between the ages of fourteen and eighteen, the provisions contained in the provisions for remission of punishment for adult offenders generally apply, with the exception of certain exceptions. Thus, when a minor is released from serving a sentence due to the expiration of the statute of limitations for a court conviction, the statute of limitations provided for in Art. 83 of the Criminal Code of the Russian Federation are reduced by half. Further, due to the fact that the death penalty or life imprisonment cannot be imposed on persons who committed crimes under the age of eighteen, the rule formulated in Part 3 of Art. 89 of the Criminal Code of the Russian Federation, in relation to these persons, does not apply due to the lack of subject matter.[196]

For persons who have committed crimes under the age of 18 and have not reached the age of majority at the time of sentencing, conditional sentences are widely used (Article 73 of the Criminal Code of the Russian Federation).

Control over the behavior of suspended minors is carried out by penal inspections.

The grounds for the use of parole for minors from serving their sentences are in principle the same as for adults (Article 79 of the Criminal Code of the Russian Federation). So, according to Art. 93 of the Criminal Code of the Russian Federation, it can only be applied to minors sentenced to correctional labor or imprisonment. Moreover, in contrast to adult convicts, more preferential conditions have been established for this category of persons. Conditional early release from serving a sentence may be applied to persons who have committed a crime as a minor, sentenced to imprisonment, after the actual service of: a) at least one third of the sentence imposed by the court for a crime of minor or medium gravity or for a serious crime; b) at least two-thirds of the sentence imposed by the court for a particularly serious crime.

A minor released on parole from serving his sentence is subject to the provisions on the grounds for revoking parole, formulated in Part 7 of Art. 79 of the Criminal Code of the Russian Federation. At the same time, it must be borne in mind that clause “a” of this part of the article of the Criminal Code of the Russian Federation regarding the cancellation by the court of parole in the event that the convicted person commits a violation of public order, for which an administrative penalty was imposed on the minor, applies only to a person who has reached 16 years.

Part 1 art. 92 of the Criminal Code of the Russian Federation allows for the release from punishment of a minor convicted of committing a crime of minor or moderate gravity, as well as a serious crime with the use of compulsory educational measures provided for in Part 2 of Art. 90 of the Criminal Code of the Russian Federation. This can be done under the following circumstances:

a) at the time of release from punishment the convicted person was under 18 years of age;

b) the minor must be convicted of committing a crime of minor or moderate gravity, as well as a serious crime (parts 2, 3 and 4 of Article 15 of the Criminal Code of the Russian Federation);

c) the possibility of achieving the goals of punishment in relation to a minor through compulsory educational measures.[197]

According to Part 1 of Art. 92 of the Criminal Code of the Russian Federation, a minor is convicted, which is absent when exempted from criminal liability on the basis of Part 1 of Art. 90 of the Criminal Code of the Russian Federation. This means that exemption from punishment can be applied to a minor who has a more socially neglected personality than is the case when exempt from criminal liability. On the application of Part 1 of Art. 92 of the Criminal Code of the Russian Federation can be said even in the presence of such circumstances as a previous conviction, repetition of crimes, the fact of a previous exemption from criminal liability (for example, if a minor was previously convicted of a careless crime or committed a crime under threat, coercion, which does not exclude criminal liability, or his role in the crime was minor). But still, such a solution is applicable only in limited cases, when the personality of a teenager has a fairly deep antisocial orientation, a considerable degree of moral depravity, to overcome which requires the implementation of measures not only of educational, but also of criminal law.

Part 2 Art. 92 of the Criminal Code of the Russian Federation provides for the possibility of a court releasing a convicted minor from punishment with placement in a special closed educational institution belonging to the educational authorities. This release is applied when a teenager is convicted of committing a crime of moderate gravity, as well as a serious crime (Part 3 of Article 15 of the Criminal Code of the Russian Federation), if the court recognizes that the goals of the punishment can only be achieved by placing him in one of the specified institutions.

Taking into account the significant social danger of a number of crimes (mostly serious), as well as the fact that they are often a condition for the commission of other crimes, the legislator provides for certain restrictions in the application of Part 2 of Art. 92 of the Criminal Code of the Russian Federation. According to Part 5 of this article, minors who have committed crimes under Parts 1 and 2 of Art. 111, part 2 art. 117, part 3 art. 122, art. 126, part 3 art. 127, part 2 art. 131, part 2 art. 132, part 4 art. 158, part 2 art. 161, parts 1 and 2 art. 162, part 2 art. 163, part 1 art. 205, part 1 art. 205.1, part 1 art. 206, art. 208, part 2 art. 210, part 1 art. 211, parts 2 and 3 art. 223, parts 1 and 2 art. 226, part 1 art. 228.1, parts 1 and 2 art. 229 of the Criminal Code of the Russian Federation, exemption from punishment in the manner prescribed by Part 2 of Art. 92 of the Criminal Code of the Russian Federation are not subject to.[198]

The organization and activities of special educational institutions for minors are provided for by the Model Regulations on a Special Educational Institution for Children and Adolescents with Deviant Behavior (approved by Decree of the Government of the Russian Federation of April 25, 1995 N 420, with subsequent amendments and additions). Special closed-type institutions include: general education schools, special vocational schools and special (correctional) general education schools and special (correctional) vocational schools for adolescents with developmental disabilities (mental retardation and mild forms of mental retardation) who have committed social crimes. dangerous acts * (232). The main purpose of these institutions is to provide psychological, medical and social rehabilitation, including correction of their behavior and adaptation in society, as well as creating conditions for them to receive primary general, basic general, secondary (complete) general and primary vocational education. A minor may be placed in the specified institution until he reaches the age of eighteen, but for no more than three years.

The court may also decide to extend the stay in a special closed educational institution after the expiration of the period provided for in Part 2 of Art. 92 of the Criminal Code of the Russian Federation, but only at the request of a minor if it is necessary for him to complete general educational or professional training.[199]

Article 96 of the Criminal Code of the Russian Federation contains a decision to extend the provisions of Ch. 14 “Features of criminal liability and punishment of minors” of the Criminal Code of the Russian Federation for persons who committed crimes at the age of 18 to 20 years, in particular, on taking into account, along with other mitigating and aggravating circumstances, their young age as a circumstance mitigating punishment; on the application to these persons of provisions on shortened periods for expunging a criminal record, the expiration of a statute of limitations, and the amount of penalties typical for minors who have committed crimes. This can be done only in exceptional cases, for example, if a person has limited (reduced) sanity (Article 22 of the Criminal Code of the Russian Federation) or mental retardation not associated with a mental disorder, difficult living and upbringing conditions, minor or moderate severity of the committed act, a number of mitigating circumstances.

Control over the behavior of suspended minors is carried out by penal inspections.

a) at the time of release from punishment the convicted person was under 18 years of age;

b) the minor must be convicted of committing a crime of minor or moderate gravity, as well as a serious crime (parts 2, 3 and 4 of Article 15 of the Criminal Code of the Russian Federation);

c) the possibility of achieving the goals of punishment in relation to a minor through compulsory educational measures.[197]

Features of applying for parole

Every convicted person who wishes to be released early from prison must write a corresponding application. A sample of such a document is not established at the legislative level. However, the prisoner must reflect in the petition all the points that contribute to his correction.

This document can be drawn up by both the criminal and his defense attorney. Instead of a convicted minor, parents can file a petition.

The application is written in the name of the court that previously rendered a verdict against the convicted person. It should be submitted through the administration of the colony, which is obliged to send the document to the addressee within 10 days after receiving it.

The following documents must be attached to the application:

a copy of the court verdict (must be officially certified by the court);
characteristics from the place of serving the sentence;
payment documents confirming compensation for material damage;
other papers indicating that the citizen has taken the path of correction.

If desired, the prisoner may attach to the petition any documents related to the case. If the applicant does not have any papers, he has the right to ask the court to make a request to obtain them.

Having received the petition, the judge requests the criminal case from the archive and studies it, taking into account the received documents. Based on the data received, the court makes a final decision.

It should be understood that exemption from criminal punishment is not the same as exemption from criminal liability. However, due to certain circumstances, a citizen may be relieved of liability in a criminal case. We are talking about amnesty, expiration of the statute of limitations, etc.

The court's decision

After considering the petition, the judge may make one of the following decisions:

Release the convicted person from serving the remaining sentence. In this case, the citizen is released, but he is supervised for a certain time by the penal authorities. The former prisoner is monitored until his criminal record is cleared or expunged.
Refuse the request. Then the prisoner will be able to submit a second application after some time.

A criminal record is expunged automatically when the deadlines specified in Article 86 of the Criminal Code of the Russian Federation expire. If we are talking about a punishment not related to imprisonment, then the status of a convicted person is removed within six months. If we are talking about a particularly serious crime, then a criminal record can be maintained for 10 years after release from prison.

Time limits can be calculated differently, depending on the type of parole. There are such options:

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Full parole. If a person has been released from the main or additional punishment, then the expungement of the criminal record occurs immediately after leaving the colony.
Partial parole. When an additional sentence remains, the criminal record will begin to expire only after the prisoner has served it.

If a citizen has received parole, the court can remove his criminal record either immediately when applying for parole, or after some time. The first is possible if a person has proven in practice that he strives to become a law-abiding citizen.