The Criminal Code of the Russian Federation secures the responsibility of citizens for crimes. The Code contains articles revealing the essence of certain acts, as well as defining specific punishments for certain offenses. It is believed that every person who commits a crime should be held accountable. Meanwhile, the legislation provides for the possibility of removal from the subject of the obligation to serve a sentence. In this case, amnesty and pardon are specific instruments. A criminal record negatively affects the reputation of a citizen. It negatively affects the quality of life of the subject. Many persons sentenced to imprisonment strive by their behavior to show that they have corrected themselves and no longer pose a threat to the state and society. The decision to release a citizen from prison is made on the basis of a legislative act or at his request. In the first case, there is an amnesty, in the second - a pardon. Let's consider them in more detail. 
Characteristic
What amnesty and pardon? In criminal law specific tools are used to mitigate or free from punishment. One of such mechanisms is enshrined in 84 articles of the Criminal Code. According to this norm, a representative body of power (the State Duma) makes a normative act with respect to an individually indefinite number of subjects, according to which the punishment imposed by it is mitigated or commuted. At the same time, convicts are waived from persons who have served a conclusion. Another tool that facilitates the position of a citizen is enshrined in the Constitution. Article 89 of the Basic Law states that the pardon is carried out by the Head of State. The President makes an act in relation to a specific person (s) on release.
Common symptoms
Amnesty and pardon in criminal law - Categories with a number of similarities. First of all, both of these tools are used to mitigate the situation of citizens who have committed crimes. The second common symptom is that and amnesty and pardon - acts of a single character. These measures apply to entities sentenced to imprisonment prior to the issuance of relevant decisions.
Distinctive features
Despite the fact that amnesty and pardon in the criminal law of the Russian Federation realize, in fact, a single goal, each of them is characterized by its own specificity. First of all, the scope of distribution of these tools should be noted. A pardon in criminal law is directed at specific individuals. In other words, the president signs the Decree, in the text of which there is a full name. citizen (or several subjects) serving a sentence. Amnesty extends to an indefinite circle of persons. Moreover, in the first case, the Decree is a direct basis for the release of a citizen. For the application of amnesty, a resolution of the body performing the functions of the execution of punishment is necessary. The application for release to the president always comes from a person serving his term of imputation, his relatives, the monitoring committee or from the administration of the institution in which he is located. If the punishment is served by a foreigner, the petition may be sent by the authority / administration of the state whose citizen he is. As for the amnesty, it is applied solely on the initiative of government agencies authorized to issue relevant resolutions. The release by presidential decree is carried out within a short period of time, almost a few days. An amnesty is granted for a long period, usually six months.This period is due to the fact that the implementation of the decision requires the efforts of bodies of inquiry, investigation, prosecutors, courts, and institutions that carry out the execution of sentences. It is also worth noting that when applying amnesty, the behavior of convicts is taken into account only to some extent. For example, it does not apply to malicious violators of the regime. The decision on pardon, in turn, is taken solely taking into account the particular behavior of the person sentenced to prison. 
Presidential Decree
Criminal Law Clemency Institute valid for a long time. The essence of its implementation is to eliminate or mitigate the legal consequences of committing a criminal act. As mentioned above, the relevant act is issued by the highest official in relation to specific citizens. The body executing the punishment should only directly implement the requirements of the decision. Criminal clemency may be aimed at exempting a person both from all punishment and from its part, as well as to mitigate the imputed sanction. For example, the death penalty may be replaced by life imprisonment.
Amnesty, pardon, criminal record
Considering mechanisms for improving the situation of persons sentenced to imprisonment, an important point should be noted. By presidential decree, a citizen is released from punishment. In some cases, a criminal record may be dropped from him. If there is no reservation to this in the Decree, then it shall be canceled according to the general rules. As for the amnesty, its early withdrawal by the amnesty act is carried out individually in each case. In this case, objective and subjective factors are taken into account. They are not prescribed in the legislation, but are directly or indirectly indicated in the decision.
Important points
Criminal clemency not limited to the category of crime, type, term, size of punishment. When making a decision, special attention is paid to circumstances characterizing the personality of the subject and his behavior. However, criminal law pardon not used as a means excluding the validity and legality of the sentence. The decree of the President can be regarded as a step towards the citizen, as an advance for the future. Pardon in the criminal law of the Russian Federation - a means of implementing not only legal, but also moral standards. 
Features of the application of the law in other countries
Criminal clemency different states implemented differently. According to article 6 of the International Covenant, every person sentenced to death can count on commutation of sentence or release from it. Meanwhile, the laws of some countries do not provide pardon. In the criminal law of the Russian Federation This tool is rarely used. In England, it is replaced by parole (parole). The legislation of Japan formally enshrined right to pardon. However, statistics show that over the past 30 years it has not been implemented by anyone. In America, about three out of a thousand receive a pardon.
Request for clemency: sample
The application is made out in accordance with the general rules established by law. It must include:
- Information about the addressee. In this case, it is the president.
- Information about the convict: full name, institution in which he is serving a sentence, article, term.
- Circumstances which, in the applicant's opinion, are grounds for his release or improvement in his situation.
- At the end of the text is, in fact, the request of the citizen. After this, a number and a signature are put.
Examination of the application
The application is first studied by the regional Clemency commission. After that, the application is sent to the Presidential Administration. There is a High Clemency Commission.When considering the application, the degree and nature of the danger of the crime committed by the citizen, his personal qualities, age, length of time served, marital status, state of health are taken into account. The criminal record is also of no small importance. As a rule, the opinion of the administration of the institution in which the subject was serving a sentence is additionally requested. The final decision is made by the President. However, it may not coincide with the opinion of the commission. Her decisions are advisory. This is the general pardon procedure in Russia.
Solution options
By decree, the president may:
- Release the citizen from the remaining (unserved) part of the punishment.
- Shorten the term of imprisonment.
- Replace the imputed sanction or the unserved portion of the sentence with a soft measure.
- Remove criminal record.
Authorized persons
In accordance with the Presidential Decree of 2001 (No. 1,500), special commissions are formed in the regions to consider pardon issues. Their compositions and the chairman are approved by the highest official of the subject. The commission must be attended by at least 11 people. Citizens of Russia with high-ranking and impeccable reputation and respected by citizens can be members of the group. At least 2/3 of the composition should be composed of members of the public. The members of the commission conduct their activities on a voluntary basis. The abolition of groups is carried out by presidential decree.
Application direction
The petition is made in writing. The petition sent to the president is registered by the body (institution) responsible for the execution of the sentence in a special register on the day of filing. After that, it goes to the regional unit of the Ministry of Justice. The transfer of the application must be made within 20 days from the date of filing. At the same time, the administration of the institution where the convicted person is kept informs him of the direction of his application to the territorial division of the Ministry of Justice against receipt of copies of the cover letter. The law does not allow the refusal to transfer applications to authorized bodies. If a citizen is asked to annul the fact of imposing punishment on him, then he sends his application independently to the regional commission. The territorial unit of the Ministry of Justice transfers the petition to her within seven days from the date of its receipt. The commission forms a conclusion no later than 30 days later and submits it to the highest official of the regional authority. In this decision, the expediency / inexpediency of improving the position of the citizen must be justified. An authorized person of the regional authority shall submit a submission to the president within 15 days from the moment of receipt of the application and the conclusion of the commission. 
Nuances
The list of citizens recommended by the highest person of the subject of the Russian Federation for clemency should be published in the media within a month from the date of the relevant decision. Information is to be posted, which contains the name, initials of each convict, an indication of the article of the Criminal Code, according to which he was sentenced. It is allowed to disclose the motives that guided the senior official in making the appropriate decision.
Material circumstances
When examining a petition for clemency, the following factors are taken into account:
- The degree and nature of the danger posed by the crime for the state and society.
- The behavior of a citizen during the execution / serving of punishment.
- Duration of stay in a correctional institution.
- The commission of a crime during a probationary period with a conditional conviction.
- Application of a pardon, amnesty or parole against a person.
- Compensation for pecuniary damage caused by a crime.
- Information about the identity of the citizen. In particular, the state of health, the number of convictions, age, marital status are important.
- Other circumstances, if they are deemed material for consideration of the application.
Additionally
The President’s decree on pardon within 2 days from the date of publication is sent to the authorized official of the regional authorities, the Ministry of Internal Affairs, the Ministry of Justice and the administration of the institution where the applicant is located. In case of rejection of the application, the citizen shall be notified in writing. The notification is sent by the senior management of the subject or the chairman of the commission. Repeated consideration of the application in case of rejection of the application is allowed no earlier than in a year. In exceptional cases, this period may be shortened (if circumstances arise that are relevant to the implementation of the act of pardon).
Features of the release of persons under an act of the legislative body
Usually, an amnesty is timed to coincide with some significant event. For example, the State Duma in 2005 adopted decisions on the occasion of the 60th anniversary of the Great Victory in the Second World War, in 2006 - in connection with the centenary of the State Duma. As article 84 of the Criminal Code points out, the act of amnesty may include the following decisions (some of them go all in relation to various categories of persons):
- Citizens who have committed crimes are exempted from liability. As in other cases, this decision cannot be regarded as an “act of forgiveness." Amnesty cannot cancel the fact of the commission of the act, does not rehabilitate the citizen. Such release involves the termination of proceedings at the investigation stage or in court, but before the adoption of the conviction.
- Citizens who committed acts are exempted from punishment (primary or secondary), the sanction imputed to them is replaced by a milder measure or reduced. The legislation does not provide clear criteria for choosing any particular option. In this regard, often when making a decision, the authorized body acts at its discretion.
- Citizens who have served their sentences may be convicted ahead of schedule. The adoption of a specific decision in each individual case is taken on the basis of a legal act and actual conditions. The latter are circumstances that allow the legislator to conclude that it is inexpedient to bring to responsibility a number of categories of persons, their execution (partially or fully) of the punishment imputed to them, and so on.
The amnesty act may be issued for different purposes. However, in any case, it is necessary to observe the measure. The amnesty act must remain exclusive. Its publication cannot become an on-duty event, let alone carried out within the framework of a political struggle. The application of amnesty must have good reason. Acts cannot substitute decriminalization, be used for the purpose of "unloading" places of serving a sentence.