How to leave a maximum security colony on parole 228 Part 4 of the Criminal Code of the Russian Federation

How soon can I apply for parole?

The characteristics issued by the colony administration are also very important. If it is negative, the convict’s chances of being granted parole are reduced. Despite the fact that the court is not bound by the opinion of the penal colony administration on the advisability of applying parole to the prisoner, this opinion is always taken into account.

Chances of parole under Art. 228 of the Criminal Code of the Russian Federation

Today, a huge number of people convicted under articles of the Criminal Code related to drug trafficking are serving their sentences in the colonies of the Federal Penitentiary Service of Russia. According to judicial statistics, almost a quarter of the entire prison population of Russia are convicted under “narcotic” articles. In absolute numbers, this is about 130-140 thousand people. At the same time, many prisoners under Art. 228 of the Criminal Code of the Russian Federation imposed very significant terms of imprisonment.

In accordance with paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 21, 2009 N 8 (as amended on November 17, 2015) “On the judicial practice of parole from serving a sentence, replacing the unserved part of the sentence with a milder type of punishment,” In court practice There should be no cases of either unjustified refusal to grant parole to convicts who do not need to fully serve the sentence imposed by the court, or unjustified release from serving their sentence. Courts do not have the right to refuse parole from serving a sentence or replacing the unserved part of a sentence with a milder form of punishment on grounds not specified in the law, such as the presence of a previous criminal record, the mildness of the imposed punishment, the convict’s non-admission of guilt, the short duration of his stay in one of the correctional institutions, etc.

- at least two-thirds of the term of punishment imposed for a particularly serious crime, as well as two-thirds of the term of punishment assigned to a person previously released on parole, if parole was canceled on the grounds provided for in part seven of this article;

In accordance with clause 4.1 of Article 79 of the Criminal Code of the Russian Federation, when considering a convicted person’s request for conditional early release from serving a sentence, the court takes into account the behavior of the convicted person, his attitude to study and work during the entire period of serving the sentence, including existing incentives and penalties, the attitude of the convicted person to the committed act and the fact that the convicted person partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime, as well as the conclusion of the administration of the correctional institution on the advisability of his parole.

As mentioned above, an application for parole can be submitted by absolutely any convicted person who has served the established minimum sentence. The deputy head of the correctional institution is obliged to accept it and submit a set of documents to the court within two weeks.

There is not a word in the law about repentance, but there is a more vague formulation - “attitude towards the committed act.” That is, if a prisoner wants to be granted parole, it is better for him to abandon his ambitions and thirst for justice, admit his guilt and try to atone for it.

Minimum terms for parole

mild and moderate severity – a third of the term;
serious – half the term;
especially serious cases, as well as return to prison after a previous parole - two-thirds of the term;
related to the corruption of minors, drug trafficking, terrorism, organization and participation in criminal communities - three quarters of the term;
related to sexual abuse of children (under 14 years of age) – 4/5 of the term (a forensic psychiatric examination is required);
with a life sentence - 25 years;
committed by pregnant women and women with children under 3 years of age, sentenced for crimes of minor gravity - a quarter of the sentence.

As we have written more than once, parole and the replacement of the unserved part of the sentence with a more lenient form of punishment (MLB) do not stem from the crime, but from how effectively the convicted person is corrected in the institution of the penal system.

Parole 2021: amendments in the interests of the prisoner

For in high authorities they remember the words of the Supreme Court’s ruling: “.
The court does not have the right to refuse parole from serving a sentence on grounds not specified in the law, such as the severity of the crime, the presence of a previous criminal record, the leniency of the imposed punishment, the convict’s non-admission of guilt, the short duration of his stay in one of the correctional institutions, etc.” At the same time, the imprisoned people clearly understand that there is less and less hope for parole. We draw this conclusion based on the fact that the number of requests for release decreases from year to year, as well as the percentage of positive decisions. So, in 2021 it was 51 percent, in 2021 - 46, in 2021 - 41, in 2021 - 40

Is parole possible under Article 228?

You need to start preparing for parole in advance - it would be good immediately after detention. Practically, the entire period before the expiration of the required period is the preparation stage. At this stage, collect all possible documents - certificates, store receipts, letters, medical papers, and so on. Keep a small diary in which you enter the main milestones of your correction - everything that can help in preparing an application for parole.

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Stages of the parole process

On average, in Russia no more than 46% of applications for parole are granted. Our result is almost 80% of successful applications. In other words, we almost double your chance of release.

under part one of Article 228 of the Criminal Code of the Russian Federation, the term of imprisonment may be imposed for a period of up to three years;
Part two of the article in question allows imprisonment for a term of three to ten years;
under part three of Article 228 of the Criminal Code of the Russian Federation, punishment can be imposed for a period of ten to fifteen years in prison.

Positive attitude towards study and work

The law does not directly require a person to study in prison or work. In addition, many institutions are unable to provide prisoners with either work or educational opportunities. However, if a person both studied and worked, all this will be to his advantage and must be taken into account by the court when making a decision on parole.

Serving three quarters of the sentence

at least three-quarters of the sentence has been served (this is a very significant part of the punishment - only terrorists and organizers of criminal communities must serve the same amount of time);
a positive attitude towards study and work while serving a sentence;
participation in the life of the detachment, improvement of the territory of the colony;
good behavior in the colony;
availability of incentives and absence of penalties;
the attitude of the convicted person to his crime;
compensation for damage caused by the crime;
there is a positive characteristic from the institution where the person is serving his sentence.

Based on the size of the sanctions for each part of Article 228 of the Criminal Code of the Russian Federation, it is possible to determine the severity of the crime, since this criterion directly affects the conditions of parole. The severity of the offenses is established based on the provisions of Article 15 of the Criminal Code of the Russian Federation, and in relation to illegal actions with drugs under Article 228 of the Criminal Code of the Russian Federation it is:

When can you get parole under Article 228 of the Criminal Code?

Thus, according to the first part of Art. 228 parole is possible when the sentence is actually served in the amount of 1/3 of the sentence. For example, if a prison sentence of three years is imposed, you must serve at least one year before applying for parole. In terms of the second and third norms under consideration, the application of the conditional early release option occurs according to special rules - after serving at least 3/4 of the assigned term.

The procedure for obtaining parole under Article 228 of the Criminal Code of the Russian Federation

when the right to parole arises, you must file a petition to the judicial institution at the place where the sentence is served;
when considering the application, an opinion is requested from the management of the correctional institution on the advisability of release from serving the sentence;
To consider the petition, the court is obliged to examine all the evidence presented - certificates of the convicted person’s behavior, documents on incentives and penalties while serving the sentence, etc.;
if the petition is granted, the court releases the convicted person from serving the remaining part of the sentence while simultaneously establishing control over his behavior by the authorized government agency.

The heads of colony detachments like to promise convicts so-called “colony support” when considering the issue of parole. With this support they motivate, and often also blackmail. Is this so important and is it possible to get out on parole without the support of the administration?

Serving three quarters of the sentence

Participation in the life of the squad is an extremely vague formulation, but important. One of the tasks of correction is to ensure the return of the criminal to society, his socialization. Relationships in the team and active participation in the life of the squad are signs of successful socialization.

When considering a convicted person’s request for conditional early release from serving a sentence, the court takes into account the behavior of the convicted person, his attitude to study and work during the entire period of serving the sentence, including available incentives and penalties, the attitude of the convicted person to the committed act and the fact that the convicted person is partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime, as well as the conclusion of the administration of the correctional institution on the advisability of his parole. Also, a person serving a life imprisonment can also be released on parole if the court finds that he does not need to further serve this sentence and has actually served at least twenty-five years of imprisonment. Conditional early release from further serving of life imprisonment is applied only if the convicted person has not committed malicious violations of the established procedure for serving the sentence during the previous three years. A person who commits a new grave or especially grave crime while serving a life imprisonment is not subject to parole.

Conditional early release from serving a sentence (Parole) , according to Article 79 of the Criminal Code of the Russian Federation, implies that a person serving detention in a disciplinary military unit, forced labor or imprisonment is subject to parole if the court finds that for him correction, it does not require full serving of the sentence imposed by the court, and also compensates for the damage (in whole or in part) caused by the crime in the amount determined by the court decision. Conditional early release can be applied only after the convicted person has actually served: 1) at least one third of the sentence imposed for a crime of minor or moderate gravity; 2) at least half of the sentence imposed for a serious crime; 3) at least two-thirds of the term of punishment imposed for a particularly serious crime, as well as two-thirds of the term of punishment assigned to a person previously released on parole if the parole was cancelled; 4) at least three quarters of the sentence imposed for crimes against the sexual integrity of minors, as well as for grave and especially grave crimes related to illegal drug trafficking, and this is: parts 2,3 p.228, parts 1-5 art. 228.1 of the Criminal Code of the Russian Federation. But the term of imprisonment actually served by the convicted person cannot be less than six months.

What will happen if during the remaining unserved part of the sentence: the convict committed a violation of public order, for which an administrative penalty was imposed on him, or maliciously evaded the fulfillment of the duties assigned to him by the court when applying parole, as well as forced sentences imposed by the court measures of a medical nature, the court, upon presentation, may decide to cancel parole and execute the remaining unserved part of the sentence; the convicted person has committed a crime through negligence or an intentional crime of minor or medium gravity, the issue of revoking or maintaining parole is decided by the court; c) the convicted person has committed a serious or especially serious crime, the court imposes punishment on him according to the rules provided for in Article 70 of the Criminal Code of the Russian Federation. According to the same rules, punishment is imposed in the case of a crime committed through negligence or an intentional crime of minor or medium gravity, if the court revokes parole.

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Exception: This period is increased to two-thirds of the sentence for a person previously released on parole if parole has been revoked. Earlier, a person convicted under Part 2 of Art. 228 of the Criminal Code of the Russian Federation (as well as for a person convicted under any other article of the Criminal Code of the Russian Federation) can be done in several ways. The most realistic possibilities: 1.

d) at least three quarters of the sentence imposed for crimes against the sexual integrity of minors, as well as for grave and especially grave crimes related to the illicit trafficking of narcotic drugs, psychotropic substances and their precursors, as well as for crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 210 and 361 of this Code;

Udo on 228 h 4 in 2021 amendments

1. Part 2 art. 228 and all parts of Art. 228.1 of the Criminal Code of the Russian Federation - three quarters of the sentence. Based on paragraph “d” of Part 3 of Article 79 of the Criminal Code of the Russian Federation, those convicted of grave and especially grave crimes related to the illicit trafficking of narcotic drugs and psychotropic substances, that is, under Part 2 of Article 228 (purchase and storage without the purpose of sale), as well as in parts 1-5 of article 228.1 of the Criminal Code of the Russian Federation (part 1 of article 228.1, part 2 of article 228.1, part 3 of article 228.1, part 4 of article 228.1, part 5 of article 228.1, that is, sales) I have the right to conditional early release from serving a sentence after serving at least three quarters of the sentence.

Drug-related crimes will only be partially amnestied this year. So, will Article 228 be covered by the 2021 amnesty, what documents need to be prepared and what to do if you or your relative have been put on trial under this article or have already been convicted.

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By the way, very beneficial changes came out on December 27. 2021 in the Criminal Code of the Russian Federation, which also affect cases from category “228” (on drugs) when replacing the unserved part of the punishment with “Forced labor”. Let’s say that if for a serious crime (for example, Article 228 Part 2, Article 228.1 Part 1), when replacing it with a more lenient one, you must serve at least half of the sentence, but when replacing it with “forced labor,” you just need to serve at least 1/3 of the sentence; for a particularly serious crime (for example, Article 228 Part 3, Article 228.1 Part 2, 3, 4, 5) - at least half of the sentence, and if, when replaced with any other non-forced labor, then only after serving 2 /3 terms. The difference is of course significant. The only downside is that you will have to serve in special institutions.

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4 comments on “Exemption under ITR”

Hello, first of all, you need to get a certificate from a doctor stating that you are pregnant and are eligible for light work. Go with the certificate to the Criminal Executive Inspectorate. There they should transfer you to light labor, or replace the punishment, or defer it, but the second and third are already through the court.

Each case of illegal storage, use, sale and transportation of narcotic and psychotropic substances is considered by the court individually. The social behavior of the accused, his willingness to help the investigation, and the circumstances under which the criminal act was committed are taken into account. When examining each specific case, the courts are guided by Articles 61, 62 and 64 of the Criminal Code of the Russian Federation, which determine the presence of mitigating circumstances that make it possible to obtain a maximum reduction in the sentence - sometimes even below the minimum level. An experienced Article 228 lawyer will definitely take advantage of the opportunity.

Part four stipulates crimes committed on a large scale (imprisonment with payment of a large fine). It also determines punishment for actions that were committed by a group of people or by one person who used his official advantage.

Terms of punishment under Article 228 of the Criminal Code of the Russian Federation

3 tbsp. 310 of the Civil Code of the Russian Federation). This opportunity appeared on June 1, but only for obligations that are related to its management. Article 228 of the Criminal Code of the Russian Federation can be applied from the age of 16, and if narcotic substances were obtained through theft, extortion or robbery, criminal liability begins at the age of 14.

The administration of the institution must be notified about filing a petition, since in order to be considered on its merits, it is necessary to include a description of the convicted person in the materials. It must reflect information to be assessed by the court and a conclusion on the advisability of parole.

Parole article 228 part 2

Answer: You can apply for parole after actually serving 5 years and 3 months. The period of your detention pending a court verdict is also included in this period. You can apply to change the regime of detention after actually serving 4 years 8 months.

Is there a permit under Article 228?

4.1. When considering a convicted person’s request for conditional early release from serving a sentence, the court takes into account the behavior of the convicted person, his attitude to study and work during the entire period of serving the sentence, including available incentives and penalties, the attitude of the convicted person to the committed act and the fact that the convicted person is partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime, as well as the conclusion of the administration of the correctional institution on the advisability of his parole. In relation to a convicted person suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, and who, at the age of over eighteen years, has committed a crime against the sexual integrity of a minor under fourteen years of age, the court also takes into account the application of compulsory medical measures to the convicted person, his attitude towards treatment and results of forensic psychiatric examination.

Copies of receipts , cash flow statements, and other documents certifying compensation for damage caused to the victim.
Information that they did not commit any violations during the period of departure, information about the repayment or removal of penalties, information about incentives.
Documents about the family , financial status, health status of the convicted person, his family members, registration at the place of residence.
Employment documents . It won’t hurt, for example, a letter of guarantee from a future employer that the convicted person will be employed in his organization after parole.

The Ministry of Internal Affairs will create special units to combat violations in the work of drug control officers

The fact that a convicted person has penalties in itself cannot indicate that he needs to continue serving the sentence imposed by the court. When resolving this issue, the courts must take into account the specific circumstances, the severity and nature of each violation committed by the convicted person for the entire period of serving the sentence, and not just for the time immediately preceding the consideration of the petition or presentation, data on the removal or repayment of penalties, the time elapsed since the last penalty , subsequent behavior of the convicted person and other information characterizing him.

Conditional early release from serving a sentence can be applied only to those convicts who, according to the court, do not need to fully serve the sentence imposed by the court for their correction and have served the portion of it provided for by law, taking into account the time of detention before the pronouncement of the sentence and its entry into custody. into legal force.

How to submit a petition

Refusal to satisfy a request for parole on grounds that are not in the law, such as, for example, non-admission of guilt, short length of time served, social danger of the act, its consequences, etc., is illegal.

Consideration of the petition by the court

For example , a person is convicted of crimes under Art. 330 and 105 of the Criminal Code of the Russian Federation, for each of them a punishment was imposed. By partial addition of the imposed sentences, 15 years of imprisonment were finally determined to be served. This term, and not the one assigned for each crime, will be taken into account when calculating the mandatory portion of the term. The most serious act - according to Art. 105, classified as especially grave acts. Therefore, the rules for this category will apply, that is, to be released on parole you need to serve a minimum of 2/3 or 10 years.

When is it possible to apply for parole under Article 228 of the Criminal Code of the Russian Federation? The conditions that must be met to receive parole are regulated by Article 79 of the Criminal Code of the Russian Federation and apply to those convicted of drug trafficking. The general requirements for parole when serving a real prison sentence are as follows:

When the right to parole becomes available, you must file a petition to the judicial institution at the place where the sentence is served;
when considering the application, an opinion is requested from the management of the correctional institution on the advisability of release from serving the sentence;
To consider the petition, the court is obliged to examine all the evidence presented - certificates of the convicted person’s behavior, documents on incentives and penalties while serving the sentence, etc.;
If the petition is granted, the court releases the convicted person from serving the remaining part of the sentence while simultaneously establishing control over his behavior by the authorized government agency.

Parole under Article 228 part 2 in 2021

Russia provides for criminal liability for the storage, transportation and trafficking of narcotic drugs. Every year, thousands of Russians go to prison under the “anti-drug” Article 228 of the Criminal Code of the Russian Federation and receive sentences ranging from 2 to 15 years.

not less than a third of the term that was assigned during the trial for acts that can be classified as minor and moderate gravity;
if the citizen has already served half of the punishment for the committed act, which is classified as serious;
if the citizen has already served two-thirds of the sentence for a crime of a particularly serious nature;
if the citizen has served two-thirds of the sentence and was previously released on parole, but then it was revoked due to existing grounds;
if the citizen has already served three-quarters of the sentence that was assigned to the citizen for committing an act against the sexual integrity of minor children, as well as for crimes that are of a grave and especially grave nature, related to the sale of drugs and substances that have psychotropic properties;
no less than four-fifths of the term given to a citizen for an assault on the sexual integrity of persons under 14 years of age.

4. A citizen who is serving a life sentence can also receive parole, but only if the court considers it necessary and has good reasons for making such a decision. Such a convicted person can receive parole only if he has no serious penalties during the previous three years. If a citizen who is already serving a sentence for a criminal act that is of a grave or especially grave nature commits a crime again, then parole no longer applies to him.

Changes that affected those convicted of serious crimes

According to many people, if a citizen has committed a serious crime, then he does not have any leniency and therefore cannot be released early. But this does not depend on ordinary people, but on judges who consider each specific case separately, weigh the pros and cons and make a very important and responsible decision. Therefore, the new changes that affected the conditional and early release of a citizen from prison must be explained. Of course, not everyone can count on parole, because obtaining it requires certain grounds.

Acts provided for in parts one, two or three of this article, committed: a) by an organized group; b) by a person using his official position; c) by a person who has reached the age of eighteen, in relation to a minor; d) on a large scale, - Popraka 2021 Article 228 Part 2 The Council decided to consider bills in the first reading at meetings of the State Duma on Fridays in accordance with Part 7 of Article 118 of the Rules of Procedure of the State Duma at a fixed time (17 hours 30 minutes).

criminal fine – up to 40 thousand rubles. or in the amount of the income of the guilty person for a period of up to three months (this type of punishment is provided for in Part 1 of Article 228 of the Criminal Code of the Russian Federation, and is applied only when the amount of drugs transported is significant);
compulsory work;
correctional work;
restriction of freedom;
imprisonment.

Article 228 part 2 of the Criminal Code of the Russian Federation - latest amendments and sentences

c) at least two-thirds of the term of punishment imposed for a particularly serious crime, as well as two-thirds of the term of punishment assigned to a person previously released on parole, if parole was canceled on the grounds provided for in part seven of this article;

Such measures are also applied as a matter of priority to cancer patients, pregnant women and disabled people, citizens who are raising children under 18 years of age or in need of support and care, and participants of the Second World War. How many will be released in 2021? According to the results of the statistical report, in 2021 there are about 800 thousand people in state custody in prisons.

Minimum terms for parole

Who can apply for parole

In other words, the main thing is to collect the correct package of documents and not enter into confrontation with the PS employees. The ideal option in this regard is to hire a good lawyer who will select the documents, help you draft the petition correctly, and resolve issues with the administration. Sometimes, unfortunately, it cannot be done without financial investments, especially if the prisoner in the zone did not particularly strive for work and was not distinguished by exemplary behavior.

Moreover, in this case we are talking about a relapse (because the criminal record has not been expunged) (recidivism, in accordance with Part 1 of Article 18 of the Criminal Code of the Russian Federation, recognizes the commission of a premeditated crime by a person who has a previous conviction for a premeditated sin). In criminal law, recidivism is an aggravating circumstance, and, in accordance with Part.

Illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances Is it possible to get Parole under - article 228 - part 2? And - after what period of time has expired. The matter is not tricky, look at the verdict. Then take the Criminal Code (for example, at https://www.consultant.ru/popular/ukrf/), find the article and the part of it under which your husband is imprisoned, look at the most severe sanction in this part of the article. Determine the category (gravity) of the crime according to Art.

Are they released on parole in 228 hours 5

And - upon - the expiration of what period of 15 Criminal Code. 1. Depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes.

Statistics confirm that Russia occupies one of the leading places in the world in terms of the ratio of normal population to criminals, so the government should take all possible measures to adapt convicts to social life in freedom in order to adopt such amendments. It is believed that the mass release of prisoners will lead to a significant reduction in state budget expenses for their maintenance. Article 166 part 1 of the Criminal Code of the Russian Federation punishment is it possible to reconcile the parties? Thus, as we see, the possibility of exemption from criminal liability for committing a crime under Art.

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Udo for 228 hours 4 in 2021

Can parole be denied in 2021? If we look at statistical studies conducted by Russian human rights activists, we can see that the number of people released on parole has decreased significantly.

Udo on 228 h 4 in 2021 amendments

repented, corrected themselves and realized their guilt;
fully compensated the damage caused to the victim;
have served a term commensurate with the gravity of the committed act;
Relatives, friends and colony staff characterize you positively.

full - provided when the convicted person is serving only the main sentence;
incomplete - parole can be applied to the main term, and the additional convict continues to serve in prison.

New amendments to the law on the release of convicts

A juvenile offender is not a danger to society.
The teenager repented of his crime.
The victim does not object to the use of parole.
The minor has serious health problems.

State Duma amendments to Article 228 of the Criminal Code of the Russian Federation 2020

Often, a real prison sentence is accompanied by satisfaction of the victims' claims or a fine. This applies to sentences related mainly to “economic” or corruption articles of the Criminal Code.

12 Apr 2021 vektorurist 1109

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