LawCriminal law

Categories of prisoners who are entitled to parole

One of the legitimate, most widely known and often used methods for completing the stay in the colonies and prisons before the expiry of the sentence is parole. Such exemption is regulated by a number of articles of the regulatory framework:

  • Criminal Code: Art. 15, which indicates the various types of crimes, as well as art. 79, which gives a description of the procedure of the UDO;
  • In the PEC there is art. 175, which tells about the procedure for the procedure of release, incl. On the replacement of the unenforced punishment or its part with milder remedial measures;
  • The Code of Criminal Procedure of the Russian Federation on the procedure for leaving the places of execution of punishments is described in chapter 47, which details the resolution of possible issues related to the court's verdict, as well as Appendix 58, which contains a resolution to replace the unenforced part of the sentence with a milder effect.

Of course, all the provisions of the legislation governing parole are punishable by all bodies of the service for the execution of punishment and power.

In order to take advantage of the opportunity to obtain a UDO, it is necessary to belong to a certain group of persons. Parole can be applied to the following groups of convicts:

  • The actual departure of not less than a third of the sentence for a crime of medium or small severity;
  • The actual departure is not less than half the penalty if the crime is serious;
  • Departure on the fact of not less than 2/3 of the penalty, if the crime is particularly serious.

The last point also applies to criminals who were previously released ahead of schedule. It is important to note that the minimum term of imprisonment, which is necessary to use conditional early release, is half a year.

Criminals who have been sentenced for life can also be released early, but in this case the court must be presented that the person no longer needs to serve a sentence and has already spent 25 years in prison or colony. Under these conditions, parole can be imposed for convicts for life only if, for the three years preceding the consideration of the issue of release, no serious violations of order were recorded for the prisoner. Those persons who again commit crimes in places of deprivation of liberty are not subject to release.

Parole can be not only appointed, but also canceled by a court decision. So, in the event that for a criminal during a period of time that corresponds to the remaining share of punishment, a malicious evasion of duties previously imposed by the court or an administrative violation of public order will be fixed, the punishment may be applied again. In this case, that part of the punishment that was not executed, can be re-applied to the offender.

A petition for expulsion is considered by the court in case the author of such petition is:

  • Directly condemned;
  • His lawyer;
  • For juvenile offenders - one of the parents or guardians.

Other relatives have no right to file an application for the application of the UDO, but they have the right to provide assistance to the prisoner in the preparation of a number of documents necessary for the preparation of the application for release. Such documents include references to the situation of the family, the availability of children, the state of health of the prisoner or close relatives. Of course, such documents are unlikely to play a decisive role at the trial, but it is often additional information and facts about the need for release that allow for the receipt of a UDO.

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