It is very important to properly file and file a petition in court on conditional early release, because it will depend on how soon the convicted person can be released.
You will need
- Criminal Code of the Russian Federation
- Criminally - Executive Code of the Russian Federation
- Code of Criminal Procedure
Instruction manual
1
Serve the term determined by the court, after which it is possible to submit a petition for parole (Article 79 of the Criminal Code of the Russian Federation). This period may not be less than 6 months (25 years for those sentenced to life imprisonment).
2
It is good to prove itself to the employees of the correctional institution.
In the case of the convict submitting a petition, the administration prepares and submits characterizing materials to the court, which include:
1. Description for the period of serving the sentence and detention. This document is most important, since the administration of the institution, having carried out educational work with the convict, summarizes its results, indicates the observations of employees, the facts that occurred during the work with the convict, concludes that the use of parole is appropriate. The conclusion that the administration will come to will depend on the following points:
- compensation for damage caused by crime;
- repentance of the convicted person;
- employment of the convicted person;
- attitude to study;
- attitude to compulsory treatment (paragraph 4.1. Article 79 of the Criminal Code of the Russian Federation);
- lack of existing disciplinary sanctions;
- preliminary resolution of issues of labor and domestic devices;
- the conditions for serving the sentence (ordinary, strict or facilitated);
- the presence and maintenance of socially useful relations (as a rule, these are relations with family, relatives, other persons);
- the relationship of the convict with the staff of the institution and other convicts;
- participation in cultural - mass, sports life of the institution.
3
Solve the issue of labor and domestic devices after release.
The administration of the institution and the court are more likely to consider your application positively if you have a place to live and work!
4
Write and send the application.
According to Art. 175 of the Criminal Procedure Code of the Russian Federation, the convicted person has the right to file an application for parole through the administration of the institution or through a lawyer (representative).
The application must indicate why you do not need to continue serving the sentence (repentance, redress, etc.).
note
1. The absence of applicable disciplinary sanctions (within a year prior to the filing of the application)
Useful advice
1. As practice shows, petitions submitted by convicts through the administration of an institution are often considered positively;
2. The court, considering the application for parole, takes into account the opinion of the administration;
3. It is advisable to file a petition while in facilitated conditions of serving a sentence.
- Criminal Code
- PEC of the Russian Federation
- Code of Criminal Procedure
