Nobody is safe from the bag and the prison. But you should never panic. People who commit crimes have the right to count on acts of mercy provided for by law. Everyone can sincerely repent of their deeds, but can everyone receive a facilitated punishment regime? Who carries out a pardon in the Russian Federation? What exemptions can be applied to facilitate the fate of criminals by the state?
Relief measures include pardon and amnesty. Thanks to them, a person can be released from imprisonment or a criminal case will be closed against him. Do not confuse these concepts, the differences between them will be discussed below.
Legal framework
A pardon is the mitigation or abolition of punishment in relation to persons convicted of crimes, regardless of their severity. The act is signed by the President and exempts the offender from the punishment assigned to him by the court (Article 85 of the Criminal Code of the Russian Federation). The pardon, regulated by the Constitution of the Russian Federation, the Criminal and Penal Execution Codes of the Russian Federation, allows to reduce a person’s stay in prison or to release him from prison prematurely (article 176 of the Criminal Code).
In the third part of Article 50 of the Supreme Law of the Russian Federation, it is written that every criminal who receives punishment has the right to send a petition to someone who pardons in the Russian Federation, or a request for commutation of punishment. It follows from Article 71 of the Constitution that the decision on pardon is the responsibility of the Russian Federation. In other words, this conclusion is made by the highest federal authority of the country, that is, by the President. This is the exclusive constitutional authority of the Russian leader in accordance with article 89 of the main Law of Russia.
The prerogative of the head of state
Only the President of the Russian Federation pardons, and this measure allows to mitigate the punishment. If a person who has already served the sentence has been pardoned, the criminal record is removed from him ahead of schedule. The head of state can not only mitigate the punishment, but also completely free the person from him.
Clemency and amnesty
There are clear differences between these concepts that need to be understood. Amnesty involves a compassionate measure against several people at the same time for certain crimes. A pardon in criminal law (Article 85 of the Criminal Code of the Russian Federation) is issued individually for a specific person. At the same time, the act of pardon, signed by the President, cannot be normative, it is of the nature of enforcement only.
Important:
- In itself, a pardon does not contradict or eliminate the fact of a crime that has been proven.
- Clemency cannot affect the sentence of the judiciary.
- The act of pardon does not imply rehabilitation for convicted persons.
- A pardon is applied to a convicted person and is a specific type of release of that person from the criminal punishment assigned to him by the court.
Whom the President has mercy and will not have mercy
Decree of the President of the Russian Federation No. 1500 dated December 28, 2001 "On Commissions on Issues of Clemency in the Territories of the Subjects of the Russian Federation" (hereinafter, the Decree) determines who may be cleared. These are persons serving sentences in Russia:
- residents convicted by Russian courts who have committed a criminal offense;
- persons convicted by foreign courts;
- citizens who have served a sentence imposed by the courts and have an unexpunged criminal record.
The President of the Russian Federation declares an amnesty, pardons convicts, if there are serious reasons and good reasons. Pardon does not apply:
- to convicts who have committed a deliberate crime during the trial period of probation for the court appointed for them;
- to persons who maliciously violate the rules of serving a sentence;
- to previously released on parole, under an amnesty or under the act of pardon;
- to those people to whom a court sentenced a milder sentence for previously committed offenses.
Instructions and methodologies for the operation of pardon commissions throughout the country are developed and monitored by the Office of the President to ensure the constitutional rights of citizens. This body is also preparing draft decisions made by the Russian leader.
Article 50: Is a criminal worth mercy?
In accordance with this article of the Constitution of the Russian Federation, anyone who has been convicted can ask for a pardon.
Nevertheless, law-abiding citizens always have a legitimate question: is a criminal worth mercy? Here it is necessary to understand that today pregnant women, mothers with many children, and invalids with pensioners, as well as seriously ill patients, for whom commutation of punishment is an urgent need, are present in places of detention.
Decisions resulting from the consideration of the application for clemency
In accordance with the Constitution of the Russian Federation, a pardon is carried out by the President, and the result is one of the following decisions:
- Removal of a criminal record.
- Release of a person from serving the remaining sentence.
- Reduction of the part of the sentence that has not yet been served.
- Replacement of the assigned punishment (part of it that was not served) with a milder measure.
- Exemption from additional punishment, if it has not yet been executed.
How is the petition for clemency filed and what are the stages
The rules for the provision and the course of consideration of convicts' requests for clemency are defined by the Decree of the Russian Federation (see above). For this, the convict must submit a written application to the President of the Russian Federation.
It does not have a strict form, and each person writes a petition in an arbitrary way, independently describing the personal situation and circumstances in connection with which he addresses the head of state with this request. In the said document, it is also necessary to clarify the circumstances of the commission of the crime in the form that the court determined them.
The further path of the application and additional documents stipulated by the Decree lies with the administration of the correctional institution, on the day of submission it is registered in a special journal. At the personal request of the convicted person, other materials that are significant for the decision-making process on pardon may be attached to the petition. The convict can understand the fact that the application for clemency has been submitted for further consideration by signing a copy of the cover letter.
The whole package of documents is sent to the territorial department of the penal system, checked for completeness and quality of the submitted documents, registered and sent to a special Commission that considers issues of clemency of citizens.
This body within 30 days from the date of receipt of the petition provides the highest official of the subject of the Russian Federation (the governor of the region) with a conclusion - should this person be pardoned or not.
Then, within 15 days, the governor issues his verdict to the President of the Russian Federation - to pardon or not. He attaches to his conclusion all the documents in full, draws a full, true picture of what happened.
The head of state provides an answer within two days.
Pardon or not: what are they paying attention to?
When the authorities decide such an important issue as pardon, among other special ones, the following circumstances are taken into account:
- Dates of punishment served in the colony.
- The severity of the crime committed, the degree of danger of the convicted person to society.
- Features of citizen behavior in the execution of sentences and when staying in a place of detention.
- Whether the convicted person committed crimes during the period of probation, if such was previously appointed.
- Whether an amnesty or pardon was applied to him for a previously committed offense.
- Whether material damage from the crime was compensated.
- Personality characteristics, state of his health, marital status and age, whether previously convicted.
If the President of the Russian Federation pardons, the signed corresponding act is sent to the governor of the subject of the Russian Federation, to the Ministry of Internal Affairs, to the territorial body of justice, and also to the administration of the place of stay of the convicted person.
The refusal of the President of the Russian Federation to sign the petition for pardon in writing is sent to the convict, and re-consideration of the petition is possible only after a year, except in special cases.
Recommendations for relatives
A petition for clemency may be filed in the name of the President of the Russian Federation and the head of the correctional institution. In practice, any document or appeal filed by relatives and friends is necessarily considered, recorded and taken into account. Relatives can file an appeal after a petition from the convict himself.
It is worth emphasizing the merits of the convict that deserve attention, and indicate the special, important circumstances in connection with which he can and should be pardoned.
Relatives can inquire about the status of sending materials, as well as about the stage of their consideration.
Who's lucky?
It’s impossible to pardon everyone, but if your loved one is not to blame for anything, you should try to convince the person who pardons in the Russian Federation of his innocence. The articles governing the filing of the relevant application in 2018 did not change compared to the previous year. Law enforcement and judicial systems often do not take into account all the factors of a person’s guilt, and decisions to convict can be unfair and unjustified. Both the convicted person and his relatives can file a petition. Describe in detail all the factors and reasons why it is so important for your relative to be pardoned. Look for pardonable reasons for pardon.
In Russia, the act of pardon, of course, is not issued to everyone. It is unlikely that every ordinary prisoner can count on the mercy of the head of state without good reason. The petition goes through many instances, and it’s good if, along with the petition from the convict, a petition from his parents will be given, which would indicate the most compelling reasons for the pardon.
Impeccable behavior is the key to a good relationship, and not only for prisoners. The Government of the Russian Federation pardons those who have shown themselves to be good, have gained a good reputation, and have not previously been prosecuted.
What documents are needed
Carefully read the package of documents that is transmitted to the one who carries out the pardon in the Russian Federation. A sample petition is presented in the photo.
The convicted person alone cannot collect the necessary documentation as part of a petition for clemency. The institution (the place of imprisonment or the colony) is responsible for collecting all the necessary documents.
The following package of papers is collected in relation to the convict (both originals and a copy of each of the papers are needed):
- profile and questionnaire of a prisoner-petitioner for clemency;
- a notice that contains information about the date of entry into force of a court sentence;
- medical certificate on the state of health of the convict;
- papers reflecting the absence of material claims against a prisoner;
- information on administrative measures applied to the prisoner, parole;
- idea of pardon.
Summary
In general, the period for consideration of the application takes about fifty days.This is not a simple process, therefore, a petition for clemency passes through a large number of government agencies. Petitioners must be aware that the possibility of pardon is not always present; it is important to collect the maximum number of arguments in favor of the convicted person in order to mitigate the punishment.