one of the laws, the most widely known and commonly used method of finding completion in the colonies and prisons prior to the expiration of the sentence is a conditional release.Such an exemption is regulated by a number of articles of the legal framework:
- the Criminal Code: Art.15, which shows the different types of crimes, as well as art.79, which describes the procedures for parole;
- The PEC has Russian Art.175, tells the story of the procedure for exemption procedures, includingto replace the unsettled punishment or part of a more lenient measures of correctional influence;
- The Code of Criminal Procedure on the procedure for leaving the penitentiary tells Chapter 47, which discussed in detail the possible resolution of issues related to the verdict of the court, as well as Annex 58, which presented a Resolution to replace the unexecuted part of the punishment with a milder effect.
course, all the provisions of the law governing parole from punishment, are binding for all bodies Penitentiary Service and the government.
To take advantage of the opportunity to get parole, you must belong to a specific group of persons.Parole can be applied to the following groups of convicts:
- departure actually less than a third of their sentence in the middle or the crime of small gravity;
- departure actually less than half of the punishment if the offense is serious;
- departure upon not less than 2/3 of the punishment if the offense - particularly grave.
last point also applies to offenders who previously released prematurely.It is important to note that the minimum sentence, which is required to use parole, is six months.
criminal who was sentenced for life, you can also obtain an exemption in advance, but in this case the court must be presented that the person no longer needs the serving of sentences, and has already spent in jail or prison 25 years.Under such circumstances parole from serving a sentence for the convicted for life applies if the three years prior to the consideration of the release of the prisoners have been no willful violation of the order.Those persons who are in prison again commit crimes are not subject to release.
Parole can not only be assigned but reversed the decision of the court.So, if the offender during the period of time that corresponds to the remaining share of the punishment will be recorded willful evasion of duties previously imposed by a court or an administrative violation of public order, the penalty can be applied again.In this case, the part of the punishment that was not executed, can be re-applied to the offender.
petition for parole considered by the court when the author of such an application is:
- directly convicted;
- his counsel (a lawyer);
- for juvenile offenders - one of the parents or guardians.
Other relatives are not eligible to submit an application for the use of parole, however, they have the right to provide all possible assistance in the preparation of a number of signed documents required for drawing up requests for release.These documents include certificates of family status, presence of children, the health of the prisoner or close relatives.Of course, the crucial role of such documents on the court is unlikely to play, but often it is more information and facts about the need to release it possible to obtain parole.
