What are the legal options to get out of places of detention earlier than the term set by the court? The law establishes a specific list. Let's consider all of them.
The law provides for specific ways out of places of deprivation of liberty. Let's take a quick look at all of them.
Grant of parole
Parole is regulated by Article 79 of the Criminal Code and Article 175 of the PEC
To be able to apply for parole, you need to compensate for the harm caused by the crime. Or take measures to repay the harm, i.e. one hundred percent compensation for harm and payment of a civil claim is not required by law, but, of course, it is taken into account as a positive factor.
You need to serve one third for crimes of medium and small gravity, half of the term for a serious crime, two thirds of the term for an especially serious one.
For terrorist crimes, crimes related to drug trafficking and attempted murder of minors, three-quarters must be served.
In any case, the actual term of imprisonment must be at least six months.
You can submit an application to the convicted person himself or to a lawyer. At the same time, there is no particular difference - taking into account the clarity of the parole procedure, the help of a lawyer is not needed. If there is no extra money, of course.
Replacement of imprisonment with another type of punishment
Regulated by article 80 of the Criminal Code and the same article 175 of the PEC
The terms for replacement are the same as for parole (see above). Except that it is not necessary to sit out for six months when replacing - you can serve earlier.
As a substitute, you can switch to penalties not related to imprisonment.
The next point is separate terms for release from imprisonment for forced labor, article 80.1 of the Criminal Code.
The terms are shortened here - for crimes of small and medium gravity it is a quarter of the term, for serious crimes - a third of the term, for especially serious crimes - half of the term. For specific crimes (terrorism, drugs, pedophilia) - the terms are not reduced in any way.
Generally the conditions are 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 small gravity, medium gravity and for grave crimes. And for especially grave ones - two-thirds.
Important - all these methods can be used in parallel. Those. using one option does not “include” the six-month barrier to re-submission of the other option. So, if parole was refused, then at least in a week you can apply for a replacement.
A separate topic. Terms and eligible clauses vary. But, as a rule, it does not concern grave and especially grave articles. Amnesty is announced by the State Duma at regular intervals, timed to coincide with various dates. For the last, possible amnesty, see here
Regulated by Article 85 of the Criminal Code. It is announced by the President in relation to a specific person in a specific case. The decision is taken by a special pardon commission. Then the decision goes to the President for approval. In general, pardon is a rather utopian option. There are very few cases of clemency in history. The case must be high-profile or political. We can confidently say that under the usual criminal article (228, 228.1, 111, 105, 161, 162, 131, 132, etc.), you can not even try.
Regulated by Article 81 of the Criminal Code. The illness can be physical or mental. In case of physical illness, the court has only the right to release, but this is not an obligation. In this case, the disease should be included in a special list of diseases.
There is a special normative act - the List of diseases that prevent the serving of punishment (approved by the Government Decree of February 6, 2004 N 54 (as amended on May 19, 2017 N 598).
Diseases are such that it is impossible to simulate them. Quite definitely, we can say that due to illness, they are released only for one thing - to die in freedom.
In case of mental illness, the court is obliged to release. But only they are not released into the wild, but the so-called measures of a medical nature are used. This treatment in a special regime hospital - and the big question is where is better, in the colony or there.