Types of pardon in Russia: maternal and presidential pardon

We cannot ignore the issues related to pardon in the Criminal Code of the Russian Federation.

The institution of pardon in the Russian Federation has just entered the restoration phase.

Problems in the state have always left the pardon of prisoners on the sidelines, but the disabled, mothers of many children, pensioners, seriously ill people and pregnant women continue to be in prison.

“Do they deserve pardon?” - an individual question, “Pardon of criminals - what is it and how to achieve it?” – these and other questions are discussed in detail in this article.

general information

Pardon has always been a very individual phenomenon. Pardon is an act issued by the head of state (i.e., the supreme representative of the government).

The content of a pardon may in one case free the convicted person from the punishment imposed by the court completely, and in another only partially.

If you look at history, you might be surprised where the origins of the right to pardon come from. Being one of the most ancient legal institutions, pardon was known to the subjects of King Hammurabi.

Medieval rulers also did not hesitate to apply such law in relation to their decisions.

True, the attitude towards convicts was quite subjective, although the procedure for pardoning convicts was partially prescribed in the legislation of England in the 16th century .

The institution of pardon is approved by religion, which in those days had significant weight.

Based on feelings of mercy and forgiveness, orders are given and the convicted escape punishment.

This is how the principle of humanity was laid down and human rights and freedoms began to be respected in the penal law of the Middle Ages.

Law

The legislative framework of the Russian Federation is huge and includes many laws and regulations.

If we talk about pardon taking into account the hierarchy of legal acts, then the fundamental provisions are contained in the Constitution of the Russian Federation, the Criminal Executive Code of the Russian Federation and Article 85 of the Criminal Code of the Russian Federation.

All these acts cover the entire range of provisions on pardon and are specified from the point of view of the legislator.

In addition to these legal blocks, there are Decrees of the President of the Russian Federation concerning issues of pardon.

In order to correctly understand the essence of pardon in Russia, it is necessary to familiarize yourself with the basic provisions about it.

Thus, the Constitution of the Russian Federation says that the highest value is the rights and freedoms of man and citizen.

In addition, every convicted person has every right to apply for a pardon or change the sentence towards mitigation.

Also, the Constitution states that the President of the Russian Federation has the right to pardon convicts.

And although there are many gaps in the pardon legislation, in recent years, as statistics indicate, prisoners are increasingly beginning to resort to such a right.

Right

Every person who has been convicted by a court can apply for a mitigation or cancellation of a sentence.

And despite speculation, the existence of such a right in no way depends on the crime of what gravity was committed.

The ability to ask for pardon has nothing to do with the personality of the convicted person.

Both exemplary prisoners and desperate rebels are equal in these rights.

So on what basis are convicts given such a right?

As a rule, a prerequisite for pardon is one or another fact that cannot attract attention.

For example, if the prisoner spent most of the assigned term outside his will and has now completely changed himself and changed his attitude towards life.

In such cases, pardon is permitted.

Who has it?

The right to pardon is granted to citizens of the Russian Federation, stateless persons, as well as foreigners who may be serving a sentence for a particular crime in Russia.

The legislation of the Russian Federation nowhere makes a framework regarding who can apply for a pardon.

Once again, it must be repeated that each case is particularly individual and requires detailed consideration.

For what purposes is the work of the commission organized?

The Sentence Mitigation Commission undertakes the following obligations:

1. Systematization of documents containing requests for mercy from prisoners or offenders with an outstanding criminal record.
2. Transfer of documents to the governor of the subject of the Russian Federation in which the prisoner is located.
3. Monitoring the implementation of decisions of the head of government on subjects in matters of mitigation of punishment.
4. Monitoring the maintenance of conditions in which offenders find themselves.
5. Work on making proposals to improve the system in matters of mitigation of punishments.

Who declares an amnesty: whose competence does this fall under? Read about it here.

Kinds

The legislation provides for several types of pardon. Each is possible for different reasons and is formalized, accordingly, also differently.

The type of pardon largely depends on which person submits the petition, how many people are in prison, etc.

The most common types of pardons are maternal and presidential .

Maternal

What is a mother's petition for clemency?

If you refer to the law, you can see that one of his relatives or even, in some cases, public organizations can ask for the release of a person serving a sentence.

Typically, such a request is made in the form of a petition. It is characterized by a simple, arbitrary form. Download a sample of a mother’s petition for clemency to the President of Russia.

Such a request is considered not by the President of the Russian Federation, but by a specially created commission. Such a commission is far from the only one in Russia.

Each subject of the Federation has its own commission for considering petitions.

Many legal theorists say that maternal pardon will be considered faster if the convicted person sends a similar petition on his own behalf.

Presidential

According to the Constitution of the Russian Federation, every convicted person has the right to appeal directly to the President of the Russian Federation in person with a request for pardon.

If we talk about which prisoners can ask for pardon, there are no strict restrictions.

You can receive a pardon regardless of the severity of the committed act and guilt.

Just as in the case of maternal pardon, the President cannot familiarize himself with each petition personally. This undoubtedly important function is assigned to commissions, each in its own region.

After the application is accepted, the documents are carefully studied and, if the document is drawn up correctly and does not raise doubts, it is sent to the Ministry of Justice of the Russian Federation.

Usually, the petition is not the only document on the basis of which a decision on pardon is made. Copies of the court verdict, character reference and biography are attached to the petition.

As already stated above, almost any prisoner can petition the President of Russia, however, there are exceptions.

Thus, persons who are under investigation cannot ask for pardon. In fact, such people do not yet have a sentence, which means there is no punishment.

What is included in a petition for clemency?

The convicted person himself does not need to attach any documents other than a petition for pardon , since other documents, such as: a copy of the sentence (sentences), a notice of the entry into force of the court verdict, a certificate of the health status of the convicted person, a questionnaire indicating the biographical data of the convicted person and information about his marital status, a presentation to the administration of the institution with a description of the convicted person, containing information about his behavior, attitude to study and work while serving the sentence, attitude towards the committed act - the administration of the correctional institution itself attaches to the petition. At the request of the convicted person, documents such as a petition from the work collective, positive characteristics, health certificates of close relatives and others can be attached to the petition.

Conditions of release

The Criminal Code of the Russian Federation in its articles states that a person can be released from punishment, which means that persons filing petitions always have a chance.

The procedure for considering a pardon and making a decision on it is quite simple.

However, many mistakenly believe that each request for pardon is personally reviewed by the President of Russia.

This is not so; specialized commissions on pardon issues have been created in the regions for these purposes. They are the ones who initially consider the application.

The practice of commissions shows that a positive answer is a fairly common occurrence.

However, cases of failure are not uncommon. They refuse pardon not on their own whim, but on compelling grounds.

For example, it refuses to pardon convicts who committed a socially dangerous act while on probation.

Also, if the convicted person once resorted to amnesty, then he is also a candidate for refusal.

There are not so many provisions on in what cases a convicted person may be refused.

How is it done?

The Pardon Commission is a fairly important body, because each of its members is responsible for the fate of a particular convict.

Members of the commission must treat each request without bias. Who does such a commission consist of?

As a rule, the commission consists of prominent public figures. The commission operates according to the charter.

There is no subjective attitude here. If the convicted person has already submitted a petition and was denied, the new petition is not rejected, but continues to be considered in the general regime.

The main thing is that the period between applications exceeds half a year.

As for the composition, the commissions are mainly formed from legal practitioners and theorists. You will agree that it is much easier for people who are well versed in various legal aspects to navigate the situation.

But in addition to people knowledgeable in the legal field, the commission may include businessmen, politicians and artists.

All this is done with the goal that the commission’s decision is based on various human emotions and considerations.

The commission accepts petitions from both the convicted person (letter) and his lawyer. Recently, practice has taken a different path and now relatives can submit a petition.

Literature

Wiktionary has an entry for "pardon"

• Grishko A. Ya.
  Pardoning convicts in Russia. Scientific and practical manual. - M.: Logos, 2005. - 110 p. — ISBN 5-98704-022-1.

This page was last edited on November 5, 2018 at 5:03 pm.

How is it different from amnesty?

Both amnesty and pardon are sweet words in the ears of the convicted. They wait for both for months and years. However, these concepts are different in their content, but still, they have a lot in common. Let's try to figure it out.

In criminal law, amnesty and pardon have one goal - they are aimed at convicted persons, and are carried out by the President of the Russian Federation in relation to a specific person once, they mitigate the punishment imposed by the court.

This is where the similarities end, and since in this article we gave greater preference to the issues of pardon, it will not be difficult for you to find the difference between pardon and amnesty.

The act of amnesty is issued by the head of state and is not preceded by petitions or petitions. If the President of the Russian Federation is in charge of issues of pardon, then the State Duma is in charge of issues of amnesty.

An amnesty can free a large number of prisoners in one act; this does not apply to pardon; the act of pardon is individual.

The form of registration of amnesty and pardon also differs.

Judging by practice, a prisoner is loved more when they respond to a petition for pardon, because this means that people have become acquainted with his repentance and believed him again.

What information is taken into account when considering a pardon application?

When considering a petition for pardon, the following are taken into account: - the nature and degree of public danger of the crime committed; - the behavior of the convicted person while serving or executing the sentence; — term of the served (executed) sentence; - commission of a crime by the convicted person during the period of probation appointed by the court; - earlier application of an amnesty, pardon or conditional release from punishment in relation to a convicted person; — compensation for material damage caused by the crime; — information about the identity of the convicted person: health status, number of convictions, marital status, age; - other circumstances, if the commission considers them significant for considering the application.

What other documents are there?

• All documents from the “Justice” section
• Categories of all standard samples and document forms

What else to download on the topic “Justice”:

• Petition to terminate the criminal case due to reconciliation of the parties
• Request for trial in the absence of the defendant
• Petition to terminate the criminal case due to active repentance
• Petition to declare evidence in a criminal case inadmissible
• Petition to suspend the execution of a decision in a criminal case, appealed by missing the deadline established for its appeal

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