Parole today is the only legal procedure that allows you to leave a place of imprisonment ahead of schedule. This is stated in Art. 79 of the Criminal Code. In order for the procedure to achieve the desired result and end successfully for the applicant, it is necessary to take into account a number of legal features and requirements. In particular, the application for parole should be correctly composed. A sample and procedure for preparing such a statement will be discussed in detail in our article.
The concept of parole
First you need to understand the very concept of release of parole nature. According to the Code of Criminal Procedure, this is release from a place of deprivation of liberty before the end of the period previously established by the sentence. For the liberation of man ahead of time there must be special grounds. In particular, the prisoner had to fulfill all the requirements and rules that were established by the relevant state bodies.
The reasons for parole may be very different. Art. 79 of the Criminal Code indicates the following points:
- the presence of a serious illness that cannot be tolerated within the walls of the prison;
- disability of 1 group;
- diligent behavior in a place of imprisonment;
- the presence of a serious mental disorder.
Parole may be complete and incomplete. In the first case, the prisoner must serve the main punishment, and in the second - the additional sentence (applied to the main term, additional sanctions remain).
Application for parole
Samples of the application for parole change almost every year. However, their main content always remains the same. From the point of view of criminal procedural law, such petitions are official requests addressed to an individual official, the FSIN or the court. The purpose of the application is to ensure the legitimate interests, freedoms and rights of the applicant.
In this case, the concepts of "application" and "application" should be distinguished. In the first case, we are talking about appeal to the court, and in the second - about a specific request (this, in particular, parole).
Article 79 of the Criminal Code, which describes the possibility of filing a convict's request for parole, is supported by the constitutional norm (article 50). The main state law says that a person convicted of a criminal offense has the right to a trial by a court.
Application deadlines for parole
A sample document is presented on the official website of the Federal Penitentiary Service, as well as on the information portal of the Supreme Court of the Russian Federation. It should be noted that keeping track of the current version of the application is not so simple, because state bodies make constant changes.
Sample title part of the application for parole:
A document must be drawn up either by the prisoner himself or by his lawyer or relative. Representatives of the colony can also write a petition if the prisoner has physical or mental illness. At the same time, a person held in jail must serve at least 1/3 for a criminal offense of medium gravity, and at least half the term for an average, grave or especially grave act. Pedophiles can submit for parole only after 4/5 of the term of "imprisonment". The minimum period of imprisonment for the opportunity to file an application is six months.
A copy of the sentence and identity card, as well as a certificate of health, family composition and place of residence, must be attached to the application.It is also necessary to collect evidence of damages and characteristics of the prisoner from different places (from neighbors, from the former place of study, work, etc.).
Sample application for parole
How is a request for parole drawn up? According to the current legislation, the following must be presented on paper:
- the official name of the court, as well as its details;
- information about the applicant himself, in particular, his full name, place and duration of stay, information about the crime committed, etc.
- information about the sentence, which was issued by the court;
- circumstances, reasons and features on the basis of which the convicted person plans to leave the place of deprivation of liberty;
- directly request for the application of parole;
- list of documents attached to the application.
Sample application for parole, the main part:
The parole court can make only two decisions. The first is positive if the prisoner has every reason to leave the prison ahead of time and his statement is drawn up correctly. The second decision is negative if the convicted citizen incorrectly drew up the document or does not have enough circumstances on the basis of which he can count on early release.