Parole: release procedure, application. Early release from probation

Today in the prisons of our country there are a very large number of people of different ages. Some of them committed a serious crime, others - a lighter one. However, every prisoner has the full right to parole. It is necessary to consider what constitutes a concept, when it is applied, and what its types are. You also need to know how to make a parole application, to whom it should be filed, and how it is considered. From the presented article you have the opportunity to learn a lot of useful things.

The concept and institution of parole

Parole is the release of a prisoner before the end of his sentence due to certain reasons. However, he will have to fulfill the requirements that state authorities will establish during the whole sentence not served. This is followed by a specialist assigned to the offender.

The Parole Institute was adopted in the 19th century. In this case, parole was used as a reward. That is, the prisoner has an incentive to correct, to realize the consequences of his act, to the desire to build a normal life and no longer go to jail. It should be noted that this institution applies to any type of offender, regardless of the gravity of the crime.

However, disputes about whether parole should be granted to repeat offenders, people who committed mass or serial killings, do not stop in society. In this case, it is necessary to consider the degree of remorse of the offender, his sincerity. Naturally, one should not forget about the feelings of the victims, their right to justice.

It should also be said that parole is not a cancellation of a sentence. Punishment can be replaced by a lighter form of responsibility if the offender has proven that he is on the path to correction. The control over the offender is carried out throughout the entire unserved term. Only after it has ended, parole cannot be canceled. That is, a criminal record is considered canceled.

The grounds and types of parole

Now, the question is under what circumstances is conditional release applied. There are some circumstances that contribute to this process:

• In order for the offender to improve, he does not need to spend the whole term in jail. Enough part of it. Moreover, the offender must prove this by his behavior.
• The convict has already served the necessary part of the punishment. Moreover, the deadlines are set by the state and are based on the severity of the crime.
• Positive characteristic of the prison service.
• A serious mental disorder that does not allow the convict to serve his sentence in prison walls and requires the prompt intervention of medical personnel.
• A serious disease that cannot be eliminated within the walls of a prison infirmary.
• Disability 1 group.

But conditional parole is made only if the convict himself has proved that he is capable of starting another life. The question of premature release of a person to freedom is decided by a special commission.

Now consider the types of parole. There are only two of them:

1. Full. It is granted if the prisoner is serving only the main sentence.

2. Incomplete. In this case, parole may be applied to the main term, and the additional offender will continue to serve.

What are the deadlines for parole?

In order for the offender to be released earlier than the time set by the sentence, it is necessary to serve some of the punishment.

The legislation defines such terms of parole:

• For mild and moderate crimes - one third of the sentence served.
• For serious offenses - at least half the term.
• For especially serious cases - the convicted person served 2/3 of the sentence set by the sentence. This rule also applies if the previous parole was canceled.
• If a minor was raped, then to receive an early release, you will have to serve no less than 3/4 of the sentence
• If violent acts were applied to children under the age of 14, then the offender must serve at least 4/5 of the term.

In any case, an application for parole can be filed no earlier than six months after being in prison. If a person is convicted of life imprisonment, then he can leave by parole not earlier than in 25 years.

Features of parole juvenile delinquents

I must say that in our country there are many people who commit an offense even before reaching the age of 18. This is a sad statistic, but there is no getting around it. Even adolescents who have received a sentence of imprisonment have the opportunity to apply for parole. The release procedure in this case is similar to the general, but has a slightly different time frame.

For example, the conditions do not differ from the standard ones: the convicted person does not constitute a danger to society; he had already served the necessary part of the punishment; he sincerely repented or has serious health problems; juvenile delinquent reconciled with the victims. Moreover, the court has the right to replace the rest of the sentence with a milder type of liability.

As for the statute of limitations for committing a crime and the time of not served punishment, it is reduced by half. For example, if a teenager committed a minor or moderate offense, then after parole, control over him remains for a year. If he committed a grave or especially grave crime, then the portion of the sentence remaining for serving shall be at least 3 years, regardless of what sentence was passed by the court.

A feature of the procedure is that the minor is not considered a repeat offender, even if he committed a new crime before the end of the previous term. Moreover, the severity of the offense is not taken into account.

There are special grounds for parole for persons who have not yet reached the age of 18:

• Exemption from criminal liability. If a teenager has committed a minor crime and he can improve without serving the entire sentence. At the same time, compulsory educational measures can be applied to him.

• Conditional parole from serving a sentenceif the teenager committed a serious or especially serious crime. At the same time, he can be sent to a special institution of a closed type with an educational program that is under the jurisdiction of the prison service.

Early release from probation is also possible. For example, if a teenager is sentenced to forced labor and restriction of freedom, then he deserves parole if he has not committed a malicious violation of the order established by the executive body.

Thus, the parole of minors has its own characteristics.

What is a “petition”, and who submits it?

Now you should consider what is necessary in order to issue parole.An application for parole is a special request, which should contain not only a description from the administration about the behavior and personality of the convicted person, but also other information. For example, it should contain the conclusion of the relevant authorities that the correctional of the convict does not require the whole term, that he proved by his behavior that he is worthy to be set free and start a new life. It is filed so that the offender has the opportunity to leave the place of serving the sentence before the end of the term.

The application also requires confirmation that the prisoner compensated the pecuniary damage to the victim or his family.

Such a request may be submitted by the prisoner himself or his lawyer or representative. It should also be noted that the application may be submitted to court without the knowledge of the convicted person. This allows modern legislation. The document should be submitted through the administration of the institution where the offender is serving the sentence, or the body that executes the court sentence.

Application Procedure

Parole (the procedure for release is specified in the Criminal Code) provides for the filing of a special petition. It is drawn up by the convict, his representative or lawyer. The administration of the institution must send a petition and characterization of the offender to the court within 10 days. It happens that the convict is seriously ill or suffers from a mental disorder. In this case, a certificate from the attending physician should be sent to the court.

Also, the administration of the prison or the body that executes the punishment has the right to introduce the idea of ​​replacing the rest of the punishment with some other and milder type of responsibility. Naturally, if the prisoner is characterized positively.

The court may well refuse to grant parole from criminal punishment. However, this does not mean that the convicted person can no longer file a motion. He can make the next attempt in six months. If the convicted person is sentenced to life imprisonment, then the deadline for the next application is 3 years later.

So, the treatment procedure provides for such actions:

• Collection of required documents.
• Submission of papers to the administration of the institution.
• Transfer of documents to court.
• Examination of the application.
• Parole Ordinance or Refusal.

I must say that the court must notify the prisoner of the date, time and place of consideration of his question. An official letter or SMS can be used for this. In this case, the convicted person shall give official documentary evidence of the receipt of such a notice.

Application Considerations

The court must take into account the behavior of the prisoner, his attitude towards school, work and the crime committed. Attention should also be paid to whether he compensated for part or all of the damage that he caused; whether he made amends to the victim. All this should be contained in the conclusion of the administration of the institution involved in the correction of the offender.

If the prisoner was transferred to another prison during the petition period, then his case will be examined at the place of his actual stay. All materials must be transferred to the authority that will make the decision.

In addition to the satisfaction of the claim by the court, the opinion of the victim must be taken into account. For this, the prisoner sends him or his family a letter stating an apology, the attitude of the offender to the deed. The victim must give an answer, which is attached to the application.

The court is obliged to take into account the presence of a place of residence or any connection with relatives. The behavior of the liberated may depend on this. The bodies that make the decision are not entitled to an unjustified decision or refusal.It should be based only on the presented documents, facts, characteristics and investigation of the identity of the offender.

The court cannot but accept the application. However, he cannot reduce the outstanding portion of the sentence. If the submitted materials are not properly executed, the court has the right to return them.

The decision of the relevant authorities must be motivated, legal and reasonable. The conclusion and decision must contain a conclusion supported by facts. A copy of such a decision must be sent to the administration of the prison or to the body that is involved in the execution of the sentence.

What documents must be submitted for parole?

Naturally, the petition itself will not go to court. Moreover, besides him, other papers are also required. In order to get early release from conditional punishment or from restriction (imprisonment) of freedom, you need to collect the following documents:

1. Petition. It is submitted by the convict himself or his representative. It contains all the necessary information about the behavior of the criminal, his attitude to the deed, redemption of the victim and his family, attitude to work, the desire to start a new life.
2. A certified copy of the sentence. It must be hemmed. If there are several sentences, then all of them must be sent to court. This document is the main one, and without it the application is simply not accepted.
3. If the convict has any serious health problems that cannot be resolved in the conditions of imprisonment, the relevant case shall be applied. certificate from a medical institution.
4. Description of the administration of the prison institution, as well as from the place of work or study (even before the conviction).
5. A statement with information on the transfer of funds stipulated by the sentenceif, of course, such a claim was satisfied.
6. Letter to the victim (or his relatives), which details the relationship to the crime committed, apologies. It will be good if you get an answer. A certified copy of it is also attached to the case.
7. A certificate stating that the person who has filed the application will be employed, or a letter of guarantee stating that the convicted person will be surely taken to work after release. This document will help tip the scales to the prisoner's side. The fact is that the judge will have confidence that the offender will start a new life, will be engaged in work and become a law-abiding citizen.
8. If the convicted person pleads guilty, then he must make a statement about it. This can significantly mitigate the punishment.
9. Certificate from the Housing Office, which indicates the presence of a residence permit. If it is not there, then the convict may file an obligation on the relevant authority to provide registration at a specific address after release.
10. Certificate of family composition, especially if there are minor children. Copies of birth certificates should be attached to this document. You may also need a certificate about the presence of elderly parents who need care, or confirmation of the difficult financial situation of the family (there is no breadwinner).

Some of the necessary papers are prepared by the administration of the institution where the convict has recently served time. The rest is collected by his representative.

What duties should be executed by parole?

Regardless of which article the criminal has, parole is allowed to apply to everyone. However, certain requirements will be imposed on the prisoner, which he must strictly fulfill:

1. The released person must not change his own place of residence, work or study. If it is necessary to do this, he is obliged to warn the supervisory authority in writing.
2. The released person has no right to visit gambling establishments, bars, restaurants. If he was spotted there, he would have to give a written explanation of his action.In addition, the supervising inspector has the right to take evidence from witnesses.
3. A person who is lucky to be released ahead of schedule should not use narcotic substances or psychotropic drugs. Otherwise, compulsory treatment may be applied to him. The obligation will be fulfilled only when, after a full course of therapeutic procedures, the medical institution gives a certificate or opinion.
4. The application of parole may be canceled if the convicted person does not fulfill all the requirements. One of them may be material support for the family, payment of the claim to the victim.
5. The released person should not communicate with accomplices of a crime or other persons with a criminal past.

I must say that the duties presented can be canceled. And the court may add new requirements. Control over their implementation lies with a special authorized body.

Cancellation

Conditional Dates exemptions are established by the state. They should be known if the convict wants to go free. However, there are situations in which an offender who is set free ahead of time may lose the opportunity to walk free and go back to jail. Cancellation of parole occurs when the offender, being free, violates the requirements that were placed before him leaving the prison.

If the released person committed a new crime, then parole may be canceled and an additional term for the offense may be added, that is, the general punishment is increased. Violation can be attributed to malicious failure to fulfill the conditions of release, atrocity, which entails administrative responsibility. For example, petty hooliganism, fight, too "violent" drinking alcohol, drug use. The lack of response to the observations of the supervisory inspector also becomes a reason for returning to jail. However, if in case of an offense administrative penalty does not overlap, then parole may not be canceled.

It should be noted that if a new crime was committed through negligence, the court has the right to decide whether to return the offender to prison again, or whether the punishment can be dispensed with milder than prescribed by law.

Parole in the Russian Federation makes it possible to quickly go free and try to change your life, get away from crime.