How To Write A Petition For Clemency

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How To Write A Petition For Clemency
How To Write A Petition For Clemency

Video: How To Write A Petition For Clemency

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A petition for clemency is drawn up in writing and submitted directly to the administration of the correctional institution in which the convicted person is serving his sentence. The petition should clearly state the request for pardon, indicate the specific circumstances that served as the basis for such a request.

How to write a petition for clemency
How to write a petition for clemency

One of the grounds for the release from punishment of a person found guilty of a certain crime is the decision to pardon him. The President of the Russian Federation has the exclusive right to make such a decision, which is enshrined in the Constitution of our country. But pardon is not automatically applied to convicts; in order to launch the appropriate legal mechanism, it is necessary to write a petition for pardon. The petition is drawn up in the name of the President of the Russian Federation, submitted directly to the administration of the correctional institution where the sentence of imprisonment is being served. By no means always, a pardon testifies to a complete release from punishment, since often the punishment is only mitigated or replaced by an act of pardon.

What should be indicated in a petition for clemency

In the petition for pardon, it is necessary to indicate its addressee, which is always the President of the country. You should also indicate the personal data of the convict, the articles for which he was prosecuted, the type and amount of the punishment imposed. After that, it is recommended to present a request for pardon, referring to the Constitution of the Russian Federation, the Criminal Code, and other documents. In addition, the basis for a positive decision on this petition should be reflected. As such a reason, the need to take care of close relatives, repentance and awareness of the committed act, and other circumstances are often indicated.

What you need to know when applying for clemency

It makes sense to write a petition for pardon only for those convicted who do not belong to the categories of persons specially designated in the legislation who do not have the right to pardon. In particular, pardon does not apply to persons who violate the procedure for serving a sentence, commit a crime during a probationary period, were previously released on parole, under an amnesty or act of pardon. It should also be understood that a petition for clemency does not go to the President of the Russian Federation for consideration immediately after it is filed. After consideration by the administration of the correctional institution, the specified document must go through a chain of officials, each of whom has the right to decide on the advisability of applying pardon to a specific person. If the decision at any stage is negative, then the petition simply does not go to the President's consideration.

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