Parole: Release Procedure, Petition

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Parole: Release Procedure, Petition
Parole: Release Procedure, Petition

Video: Parole: Release Procedure, Petition

Video: How to Expedite the I-131 Reentry Permit or Advance Parole Application: Episode 1 2022, December

As part of the humanization of punishments in the 21st century in Russia, the number of prisoners in prison has almost halved, according to Interfax, citing the press bureau of the Federal Penitentiary Service (FSIN). The largest number of prisoners was recorded in 2000 and has been steadily decreasing since then. What is the reason, whether parole has anything to do with it. Consider in the article.

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Statistics show us that as of the beginning of 2017 in the Russian Federation, about 630 thousand people were held in prisons, correctional colonies, settlement colonies and pre-trial detention centers (of which about 523 thousand were in places of deprivation of liberty and about 107 thousand were in pre-trial detention centers.). This data is the lowest in the last 17 years. The main reason for the decrease in the indicator was the immediate parole of prisoners who have embarked on the path of correction.

The concept of parole

Parole: Parole is abbreviated as the release of a prisoner earlier than the term to which he was sentenced. According to parole, the offender leaves the place of imprisonment without having served his sentence in full. After receiving parole, the former prisoner is obliged to comply with certain requirements imposed by state supervisory authorities. An overseer (a specialist who supervises an early release) will be necessarily attached to the offender, who will monitor the fulfillment of these requirements throughout the entire sentence that has not been served. Usually these include district police officers or other specialists of the internal affairs bodies working at the place of residence of the released person.

UDO Institute

The UDL Institute was adopted back in the 19th century and was perceived as an incentive for correction and reconciliation with society. Also, the institution of parole is used to ensure that there are no conflicts, fights, murders, massacres and other manifestations of human aggression in places of deprivation of liberty, which sometimes comes from a feeling of hopelessness. If a prisoner roughly serves his sentence, complies with all the rules and regulations of the institution, does not violate the regime and manifests himself as a citizen who has realized and completely repented of his crime, then it is considered possible to release him early. This behavior indicates that a person is not lost to society and can bring enough benefit to the state.

Who is eligible for parole?

Does everyone in custody have the right to parole? The society is constantly debating this topic. Indeed, crimes exist of a different nature and are often committed by people inadvertently and unintentionally, but there are also such terrible criminals as maniacs, serial killers, terrorists. Do these "non-humans" have the right to parole? Answer: "The overwhelming majority of prisoners have the right to parole, but only in those cases when their full remorse for what they have done is proven, they are aware of everything that happened and the terms of the served sentence have been met in accordance with the gravity of the crime." Do not forget about the injured party, their right to justice. When considering an application for parole, the judge always takes into account all these factors.

One more important aspect should be noted. Parole is not a complete set aside. The punishment can be changed to a milder form of serving in correctional institutions by a court decision.

When can you apply for parole?

In accordance with Article 79 of the Criminal Code of the Russian Federation, convicts have the right to apply for parole from punishment.Release on parole is provided only for those prisoners who have served sufficient time in correctional institutions to become eligible to file a petition and who have shown themselves on the positive side, which we talked about above.

In order to correctly and competently write a petition to the court, prisoners and their relatives often turn to a lawyer for help. He, in turn, provides a service for drawing up a petition, correcting its content and submitting it to the court's registry. Usually, a petition drawn up by a lawyer is signed by him. Using the services of a lawyer is not mandatory in the process of applying for parole.

When self-filing an application, the prisoner needs to study many legal aspects and draw up the correct application form. First of all, it is necessary to know exactly the formal deadlines for filing an application for parole and determine the severity of the crime, which is determined by the upper limit of the term of imprisonment under this article (Article 15 of the Criminal Code of the Russian Federation).

Minor crimes - maximum term up to 2 years.

Moderate crimes - from 2 to 5 years.

Serious crimes - from 5 to 10 years.

Especially grave crimes - over 10 years.

In this reading, the maximum term of the article is the maximum term of punishment under the clause of this article of the Criminal Code of the Russian Federation.

It should be noted that in accordance with Art. 79, 80 and 93 of the Criminal Code of the Russian Federation, parole can be applied only after the convicted person has actually served his sentence.

Minor crimes - at least 1/3 of the time served.

Crimes of average gravity - not less than 1/3 of the time served.

Serious crimes - not less than 1/2 of the time served.

Especially grave crimes - 2/3 of the time served.

There are some exceptions, let's focus on the most common ones. If the person was previously released on parole and it was canceled on the basis of part of Art. 79 of the Criminal Code of the Russian Federation (violation of public order, a crime through negligence or a deliberate, serious crime), then the part served in a correctional institution must be at least 2/3 of the full term.

For especially dangerous criminals sentenced to life imprisonment, parole can be ordered by the court only if the accused has served a term of at least 25 years and no longer needs to serve this sentence. If, while serving the sentence, a life-sentenced prisoner commits a new grave crime, then he is not subject to parole.

If a person is convicted of a crime against the sexual inviolability of a minor, then the served part of the term must be ¾ of the total sentence (Article 79, Part 3; Article 80, Part 2).

Summarize. When can a person who is serving a sentence for parole be filed? Based on the foregoing, it follows that in order to determine the period for filing for parole, it is necessary to determine the severity of the crime committed under the article in the Criminal Code of the Russian Federation and multiply the period determined for the convicted person by the corresponding part of the sentence, but not less than six months.

Parole documents

What package of documents must a convicted person collect to apply for parole? Here we will consider the necessary documents when applying to the court.

· An application from the convicted person himself or his legal representative (lawyer) for parole, where all the arguments in favor of the applicant will be presented - evidence of his sincere remorse, confirmation of the repayment of the debt, and other, which can confirm the prisoner's decision to take the path of reform.

· Profile prepared by the correctional institution. Preferably positive, no reservations.

· A copy of the court verdict. If during the sentencing the guilt was not recognized, then in the process of drawing up the application to the court, it is advisable to confess to the deed. Draw up a plea of ​​guilt.

· Conclusion on the state of health of the prisoner, in case of health problems.

· The writ of execution, if any.

· Guarantee of relatives and family members of the convicted person. A written statement that they can vouch for the applicant.

· Certificate of permanent registration at the place of residence.

· Certificate of subsequent employment of the convict.

· Additionally, one can note the presence of minor children, pregnancy of the spouse, low standard of living of the family in the absence of a breadwinner.

A convicted person can promptly apply to the administration of the colony to collect the necessary documents for parole and submit them to the court for consideration. The correctional institution is obliged to consider this appeal in a short time and within 10 days submit a set of documents to the court.

Parole in Russia gives the right to those who stumbled to be released earlier than the appointed time, to embark on the path of correction and escape from the criminal past. If as many convicts as possible choose this path, then the statistics with which we began this article will become even more encouraging.

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