What is an amnesty? The first word that comes to mind is liberation. However, this concept is not so unambiguous. After all, clemency can also be called an exemption from criminal punishment. What is the difference between these concepts? Why early exemption from criminal liability? Will there be an amnesty in Russia announced in 2016, and what categories of prisoners can hope for release? The answers to these and other questions are contained in this article.
Definition
Amnesty is understood as partial or complete release from punishment. This kind of exemption from criminal punishment differs from pardon in that it does not apply to a specific person, but to a group of prisoners united by some common feature. The decision on amnesty is taken solely by the supreme authority.
Initially, such a measure was an act of generosity and mercy on the part of the state. In the modern world, of course, this measure pursues more practical goals. The institution of amnesty in the legal system occupies a special place and is the subject of debate. The reason is the inconsistency of the consequences that entail massive exemptions from criminal liability.
Story
The fact that such an amnesty was known by the ancient Greeks. At least, the first mention of it is found in ancient sources. Consequently, the term itself is of ancient Greek origin. Translated into Russian amnestia - forgiveness, oblivion.
Some historians believe that the tradition of forgiving criminals appeared in earlier times. There is a lot of controversy regarding the issue of amnesty in legal science.
In the Middle Ages, feudal lords used to free representatives of the privileged estate from legal punishment. As a result of such actions in the aristocratic milieu there was a clear outrage. At the late stage of the Middle Ages in Europe, public figures increasingly began to express a negative opinion regarding the mass release of prisoners. In bourgeois society, the distinction between amnesty and pardon has become clearer. In the first case, the liberation of an individual was based on the Christian faith and its main postulate of forgiveness. In the second, it is in the interests of society, for which this measure allegedly provides moral benefit.
Amnesty in Russia
In domestic history, the first cases of exemption from criminal liability were recorded in the era of the Rurikovich. Power in those days was not particularly centralized, and therefore each of the princes had the opportunity to act at their own discretion.
In pre-revolutionary Russia they did not know what amnesty was. The legislation did not have this term. There was only a pardon - a concept that was also used in the definition of mass release of prisoners. This happened, as a rule, on the eve of Orthodox holidays.
A well-known case of pardon is a fact from the biography of F. M. Dostoevsky. The writer, as you know, was sentenced to death, but twenty minutes after the announcement of the verdict, a message came about his replacement with hard labor. The reason why the writer stayed alive was unknown.
The 2006 amnesty in Russia was also associated with a significant event, namely, the centenary of the establishment of state power. Early release of prisoners, as a rule, is due to the economic and social situation in the state.
Legislation
Criminal articles on amnesty and pardon are provided for in modern Russian law. They said that the announcement of the mass exemption from liability is carried out by the State Duma of the Russian Federation. Full release or reduction of the term of imprisonment is an amnesty. The Criminal Code (Article 84, Part 2) also allows for the removal of a criminal record.
As for pardon, only the president can do it. In this case, a certain person ceases to serve a sentence in places of deprivation of liberty or the term of his imprisonment is reduced. That is, a pardon, like an amnesty, can be of two types: full and partial. Criminal articles 84 and 85 give a clear idea of the difference between these concepts.
Application procedure
After it became clear what an amnesty is and what is its difference from a pardon, you should understand under what conditions this measure is announced. When applying full or partial exemption, an appropriate act is drawn up. This legal document identifies the authorities that decide whether or not to apply amnesty to a specific person.
The Criminal Code does not indicate the application of this measure. If an amnesty is declared at the stage of consideration of a particular case, then the court first completes the case, and then announces the sentence with subsequent release.
Categories of convicts to whom amnesty is applied on preferential terms:
- participants in hostilities;
- persons with state awards;
- women with minor children;
- pregnant women:
- men over sixty;
- disabled people;
- minors.
Theoretically, a criminal amnesty applies to convicts, regardless of the type of crime. In practice, this measure applies primarily to those who are not serving a sentence or sentenced to a short term.
The act also indicates persons who do not fall under the amnesty. These include, as a rule, prisoners, formerly pardoned, convicted of a serious crime, as well as persons who have been prosecuted more than once.
Consequences for the prisoner
The definition of the word "amnesty" was given above. According to Part 2 of Art. 84, it provides for the mitigation or abolition of punishment. However, this act does not imply the complete liquidation of the fact of the commission of a crime. In other words, if a person is prosecuted, but then falls under an amnesty, he will be released. But then, when committing a new crime, in court this circumstance is considered as aggravating. However, in judicial practice there are cases when the criminal record is completely annulled.
Amnesties in Russian history
The mass release of prisoners from places of deprivation of liberty or the mitigation of punishment, as already mentioned, has traditionally always been timed to coincide with any holiday. Before the revolution, the occasion was mostly Easter or Shrovetide. In Soviet times - the anniversary of the victory in the Great Patriotic War. In 1953, Beria announced the release of a large number of prisoners, and the reason for this action was the death of Joseph Stalin. Below are the most significant amnesties in Russian history.
In 1905, before an important historical event - the First Russian Revolution, political criminals were amnestied, who were serving sentences for acts of ten years ago. In some cases, the period was reduced. In most cases, the execution was replaced by hard labor.
Voroshilov Amnesty
In 1953, Lavrenty Beria prepared a document according to which women, minors, and men over sixty were to be released from prison. The Minister of the Interior also included in the list of prisoners for more than five years, while this category of people was subjected to mitigation of punishment, but not to complete release from prison. By August, more than a million people were released.
There is an opinion that only criminals fell under the amnesty, known as Voroshilov’s, and those convicted under the infamous 58th article continued to serve their sentences. Some researchers believe that this is just a myth. Both came under amnesty. The prisons are half empty. But the so-called enemies of the people among the liberated were also, albeit in the minority.
Adenauer Amnesty
In 1955, German prisoners were freed from Soviet camps. The essence of the amnesty, which later received an unofficial name in honor of the first federal chancellor of Germany, was to establish diplomatic relations. Together with prisoners of war, Soviet prisoners were also released, accused of aiding the enemy during the war. This year, persons convicted of service in the German army were amnestied. But this measure did not affect the punishers and those who were sentenced to lengthy imprisonment for the killing and torture of Soviet citizens during the war years.
The 1955 amnesty act contained a provision according to which it was necessary to repatriate Soviet citizens living abroad. The Council of Ministers was instructed to facilitate their departure to the USSR and to facilitate employment in their homeland.
Twentieth Constitution Amnesty
A large-scale amnesty in Russia was announced in 2013. The category of prisoners included primarily those convicted of riots and hooliganism. The following categories of persons were also granted amnesty:
- disabled people;
- minors;
- pensioners;
- participants in hostilities;
- participants in the liquidation of the Chernobyl accident;
- women with children who have not reached the age of majority;
- pregnant women.
The prisoners who committed serious crimes, the measure did not apply.
Negative and positive consequences
The law on amnesty theoretically has humane grounds. But often the mass release of prisoners led to public unrest and increased crime. The revolutionary upheavals, as history shows, were almost always associated with the aggravation of the criminal situation, which was preceded by the abolition of criminal punishment for a significant number of criminals.
The revolutions of the last century were the consequences of amnesties. So it was in 1905. A similar situation developed in the February Revolution. Although in the latter case, the spontaneous release of prisoners occurred even before the official announcement of the amnesty. In a later period in the history of Russia, the mass release of prisoners almost always led to an increase in crime.
At the same time, early release creates for the convicted person the prospect of developing further self-control skills. Thus, he gets the opportunity to live according to social laws and observe moral and ethical standards.
Amnesty 2016
The Russian government annually grants amnesty to certain groups of prisoners. In 2015, a proposal was made to release prisoners from prison. The amnesty was supposed to include those convicted of embezzlement or fraud. However, the president sent this project for revision.
In the final version, the list of persons falling under the amnesty includes those who committed an economic crime. And he did it for the first time. But even among the prisoners in this category, only those who are able to pay a fine will be free. Thus, the supreme power allows prisoners to reform and get the opportunity to work for the benefit of society. And the state treasury will thereby significantly replenish.
