Each convicted person has the right to ask for pardon or commutation of the sentence imposed. This is stated in the basic law of the state. The pardon is carried out by the president in relation to a specific person who applied to him through the administration of the correctional institution or the executive system after his release. This act can significantly improve the position of the convicted person, reduce the sentence imposed, and also remove his criminal record. This will be written in more detail in this article.
Highlights
The implementation of the pardon of a person who has committed a crime and has been convicted of it belongs to the authority of the head of state. The adoption of this act against a citizen can improve the situation of the latter, as well as mitigate the penalty imposed.
Only the president can make a decision to pardon a convicted person, because it falls within his competence. This is written in the Constitution and the Criminal Code. A petition for pardon can be addressed to the head of state not only by the convicted person, but also by his defense counsel, relatives, the administration of the institution where the person is serving the term set by the sentence, as well as the executive inspection, if the latter has already been released, but has an unexpunged criminal record.
In relation to whom it applies
In accordance with the law, the head of state carries out the pardon of convicted convicts. This rule is enshrined in the Constitution and the Code of Crime. A pardon, as an act of mercy, can be applied to the following categories of persons:
- convicted by the authorities of the Russian Federation and serving a term in the territory of our country
- Sentenced to punishment by courts of foreign states, but imprisoned in Russia, if this rule is spelled out in an international treaty;
- to citizens who have served their term and have an unexpunged criminal record for the crime committed.
Taken into account
Whose authority is the exercise of pardon, we have already found out. The President. In turn, the latter can make a positive decision regarding a certain person or refuse the petition due to the fact that the convicted person does not meet the criteria necessary to mitigate or release him from punishment.
When considering a petition for clemency of a person who committed an atrocity, the following points must be taken into account:
- the degree, nature and severity of the deed;
- the person’s behavior during the period of serving the sentence (whether the convict worked, didn’t avoid participating in creative activity, did he commit illegal actions);
- the time spent by the prisoner in the correctional institution (because the pardon does not apply to those who have not served half of the appointed time);
- whether a new crime was committed guilty during the trial period (typical only with conditional conviction);
- the application of an earlier act of amnesty or pardon to the specified convict, as well as parole;
- compensation for damage caused by the crime;
- data on the identity of the guilty person (if he has a family, children, his age and number of criminal records are also taken into account).
The specified information is necessary so that the head of state can make the right decision regarding a specific person. Indeed, the implementation of a pardon is one of its main functions, subordinate only to the president.
Does not apply
The implementation of the pardon belongs to the authority of the head of state, and, accordingly, only he will decide whether to apply the act of mercy to the guilty person. This is the law. Therefore, the identity of the convict who asks the president for clemency is subject to a detailed and comprehensive study. Nevertheless, by law, not all attackers can count on the mercy of the head of state. These include the following categories of people:
- committed intentional crime during the trial period;
- violators of the order of serving the sentence (especially if the person neglected the rules established in the correctional institution);
- released from the colony in connection with an amnesty, pardon, or ahead of schedule;
- citizens who have previously been commuted to a milder sentence.
Thus, not all convicts will be able to count on indulgence from the president. Although the exercise of pardon belongs to the powers of the latter, he has the right not to sign an act of mercy if the person does not meet the criteria for its use.
By law
Art. 50 of the Constitution states that every convicted person may ask for pardon or commutation of sentence. This norm once again confirms the fact that human rights and freedoms in the right state are considered the highest value. Nevertheless, not all prisoners will be able to count on the mercy of the president.
The pardon is carried out by the head of state on the basis of article 89 of the Constitution and the provisions of the Criminal Code. These standards indicate that indulgence can only be applied to a specific person. In addition, an act of mercy on the part of the president can improve the situation of the convict, reduce the sentence, or remove a criminal record.
The right to pardon, according to the Constitution of the Russian Federation, belongs to the head of state. But the president does not have the right to delegate these powers to resolve this issue to another official. Nevertheless, this does not exclude the participation of other public authorities in the process of pardoning a convicted person.
Significant differences
A pardon is in many ways similar to an amnesty. After all, these two indicated acts can improve the situation of guilty people, reduce the sentence, and also completely free them from serving their sentences. Nevertheless, these concepts have significant differences from each other.
Amnesty, as an act of mercy, is applied to an unlimited number of persons subjected to criminal prosecution and conviction. It is drawn up in the form of a resolution of the State Duma. In addition, the implementation of this document requires considerable training from the executive authorities (local justice).
While a pardon is applied to a specific person who has petitioned the president himself. This act of mercy is executed in the form of an appropriate decree of the head of state and is subject to immediate execution.
What happens in practice
The competence of the president includes the implementation of a pardon. The Russian Federation, as a legal state, protects all citizens from lawlessness and arbitrariness and therefore provides an opportunity for a convicted person to ask the head of state for the application of an act of mercy.
To this end, the perpetrator himself submits a request for pardon through the administration of the colony or through the executive inspection. These authorities, no later than twenty days after receipt of the specified application, must send this document to the Ministry of Justice. Then, the petition and all necessary documents establishing the identity of the perpetrator are transferred to the commission dealing with pardon issues within a week. After that, all documents for the convict with a specific opinion are sent to the governor no later than thirty days. In turn, the latter sends to the head of state an idea of the possibility of applying pardon to the convict. For this, the designated official is given fifteen days.
Thus, the implementation of the pardon. The Russian Federation, as a rule-of-law state, makes it possible for every convict to ask the president for leniency and reduction of the sentence, as well as for the removal of criminal records.
If it was refused
The competence of the head of state includes the implementation of a pardon. His powers also extend to denying the prisoner to apply to him an act of mercy on the part of the head of state.
But who notifies the convict that he was denied the request? The answer to this question is quite simple. In the event that the president rejects the petition of the perpetrator, the governor of the subject himself must inform the latter in writing. And only after a year the convicted person will again be able to apply for pardon to the head of state. An exception here will be considered newly discovered circumstances, in connection with the appearance of which it will be necessary to apply an act of mercy to a person.
Decor
As a rule, a pattern of writing a petition for clemency is in each colony. This document should be fixed on the information stand for convicts. This is required so that the guilty person can fill out a petition and transfer it through the head of the detachment to the colony administration.
The document is filled out as follows:
To the President of the Russian Federation _______________ (data)
from the convict ____________________ (full name)
Petition for clemency
_______ (date) I was found guilty of an act under Art. ___ of the Code of Crimes, and sentenced to ____ (full term) with the sentence being served in the colony (indicate the type of institution).
I repented of my deed (here it is necessary to state in great detail what exactly this is manifesting, whether it has compensated for the harm caused by the atrocity, and it is also necessary to provide arguments that would indicate that a person no longer poses a danger to society).
Based on the foregoing and in accordance with Articles 85 of the Code of Atrocities and 89 of the Constitution, I ask you to pardon and reduce the term of punishment (or remove a criminal record, release from further serving the term).
Application:
(all available documents, including a copy of the court verdict, characteristics, health certificate).
Date ____________
Signature of convict ________________ (transcript).
general characteristics
Every person who has been convicted of an atrocity can appeal to the head of state with a request to apply to him an act of mercy and condescension. This petition is executed in the form of a petition and is sent to the convicted person through the colony administration or the executive inspection.
Only the president has the power to grant a pardon. Who carries out the transfer of the application from the convict to the president is also spelled out in the legislation.
It should also be noted that anyone who has committed atrocity and is serving a term of imprisonment can ask the head of state for leniency. Moreover, this act of mercy does not rehabilitate the guilty, but can only improve his position.
Important
The pardon of prisoners serving a life sentence is also carried out by decision of the president. No other authorities or officials have such authority.
In addition, attackers serving a life sentence can only hope for a mitigation of punishment after serving at least 25 years in prison.