One of the legal, most widely known and frequently used methods of completing a stay in colonies and prisons before the expiration of the sentence is parole. Such exemption is regulated by a number of articles of the regulatory framework:
- Criminal Code: Art. 15, which indicates the various types of crimes, as well as Art. 79, which describes the procedure for parole;
- The PEC RF has art. 175, describing the procedure for the release procedure, incl. on the replacement of an unfulfilled punishment or part thereof with milder corrective measures;
- In the Code of Criminal Procedure of the Russian Federation, chapter 47 tells about the procedure for exiting places of execution of sentences, which discusses in detail the resolution of possible issues related to the court sentence, as well as Appendix 58, which presents the Decree on replacing the unexecuted part of the sentence with a milder effect.
Of course, all the provisions of the law governing conditional release from punishment are mandatory for all bodies of the penitentiary service and authorities.
In order to take advantage of the opportunity to receive parole, you must belong to a certain group of people. Parole can be applied to the following groups of convicts:
- serving at least a third of the term for a crime of moderate or minor gravity;
- serving at least half of the sentence if the crime is serious;
- serving in fact at least 2/3 of the sentence, if the crime is especially serious.
The last paragraph also applies to criminals who were previously released ahead of schedule. It is important to note that the minimum sentence that is necessary to use parole is six months.
Criminals who have been sentenced to life sentences can also be released ahead of schedule, but in this case the court should be presented with the fact that this person no longer needs to serve his sentence and has already spent 25 years in a prison or prison. Under such conditions, conditional early release from serving a sentence for convicts is applicable for life if, in the three years preceding the consideration of the issue of release, the prisoner was not recorded malicious violations of order. Those persons who again commit crimes in prisons are not subject to release.
Parole may not only be appointed, but also canceled by a court decision. So, in the event that for a period of time, which corresponds to the remaining share of the punishment, the offender will be recorded malicious evasion of duties previously assigned by the court, or administrative violation of public order, the punishment may be applied again. In this case, that part of the punishment that was not executed may be reapplied to the offender.
The application for parole is considered by the court if the author of such a request is:
- directly convicted;
- his defender (lawyer);
- for juvenile delinquents, one of the parents or guardians.
Other relatives do not have the right to petition for the application of parole, however, they have the right to provide all possible assistance to the prisoner in preparing a number of documents necessary for drawing up an application for release. Such documents include certificates on the situation of the family, the availability of children, the state of health of the prisoner or close relatives. Of course, such documents are unlikely to play a decisive role in court, but often it is additional information and facts about the need for release that allows you to receive parole.