Sample application for parole from serving a sentence

Petition for parole: contents of the document

The law does not contain a specific form of petition, but its content can be determined based on the concept of parole and judicial practice. Article 79 of the Criminal Code of the Russian Federation determines that if a convicted person held in isolation has received recognition by the court of the fact that he does not need to serve the full sentence for his correction, and has compensated for the harm caused by his act, then he is subject to parole.

IMPORTANT. The application for parole must indicate whether the convicted person has repaid the harm caused; this must be confirmed in the annex to this document.

The petition must contain:

  • The basis for serving the sentence, information about the court verdict.
  • What part of the sentence has been served?
  • The document drawn up must indicate how the convicted person is characterized by the administration and whether he was brought to justice while serving his sentence.

How to apply for parole without a lawyer?

Parole is an opportunity to be released before the end of the term set by the court upon sentencing. Perhaps the most important thing on which the possibility of obtaining parole depends is the prisoner’s history of rewards and penalties.

Incentives are actions approved by the administration. The Criminal Executive Code states that incentives can be received for:

  • good behavior;
  • conscientious attitude to work and training;
  • active participation in educational activities.

Penalties are, accordingly, actions condemned by the administration. The law vaguely calls them violations of the established procedure for serving a sentence.

In addition to incentives and penalties, the following are important:

  • psychological portrait of the convicted person;
  • characteristics from the place of work;
  • the prisoner’s attitude towards the crime committed;
  • opinion of the prosecutor and representative of the colony.

The period after which a convicted person can apply for parole depends on the severity of the article and varies from ⅓ to ⅘ of the assigned period. However, all this is only on paper. In fact, often, in order to be released on parole, you need to work until exhaustion, or cooperate with the administration, or pay yourself or with the help of a lawyer. And often everything taken together.

Parole has become a mechanism for corrupting courts, administrations and prosecutors. Moreover, parole is not freedom. This is not the abolition of punishment, but a change in the measure of punishment. The punishment itself continues, the person can simply return to his family, get a job and stop spending budget money on his maintenance in the zone or prison.

So, let's look at the main real ways to obtain parole without lawyers.

Stay in jail

The first step for parole, which the administration proposes, is to remain a “house bull” or “informer” in the pre-trial detention center. A convict who is ready to cooperate, if he receives no more than 5 years at trial, may not be transferred to the prison zone.

There are several options here. Unidentified informers will continue to pose as defendants, informing their cellmates that another criminal case has been opened against them. Or they will simply be transferred to the housekeeping staff of the pre-trial detention center.

The same can be offered not to informers, but to normal convicts with short sentences. At the same time, employees will tell you that chaos is happening in the zones. Well, they don’t have any thieves or violent ones. And all prisoners earn early release through their own labor.

They lay beautifully, but in practice everything is not so smooth. The fact is that in correctional colonies, to put it mildly, they do not like those who were housekeepers in detention centers. Because there everyone starts from the bottom. First, they work hard as garbage collectors, make morning rounds, open the cells, and ask about complaints.

At this time, garbage is taken out of the house in a bucket. On the “gallery” there are convicts from the servants with a huge barrel. By and large, they are already “offended”, because in the zone the “roosters” deal with the dirt.

After the household workers are almost thrown into the pre-trial detention center, the guards begin to treat them like slaves. Knowing that they are afraid to get into the zone for violations. In detention centers, prison workers are forced to constantly work hard, carry garbage, distribute gruel, and clean the courtyard, offices and corridors.

Even at night they are not always allowed to sleep and are sent on duty in the courtyard. Make sure that horses are not “raced” between cameras. At the same time, the servants are constantly insulted by both the guards and the inmates from the cells. They also beat me for being slow.

In addition, if the economic bull did not knock before staying at work in the isolation ward, then after that he will have to knock. They will simply call the opera and say: “If you don’t work for us, you will go to a colony!”

Often, the economic bulls who are closed to the zone begin to be beaten at the stage. If they are locked up in a colony, they are extremely uncomfortable. But those who remain in the economic band are 100% released early.

Become an informer in the zone

Those who received more than 5 years in court or those with shorter sentences who did not want to become “balanders” are sent to a correctional colony. There are more opportunities to earn parole. Let's talk about the most accessible ones.

In the zone you can also become an informer, but not everyone will be hired as an informer. Why do they need stupid roosters or morons. But if the prisoner is smart or, better yet, a criminal, then he is a valuable agent. Only in a correctional institution does the convict run an even greater risk if he secretly serves the operas.

Because all the prisoners visiting the headquarters are suspicious. They are being followed, they are being given “stuff”, providing false or real information about hiding places or serious violations of the regime. Yes, and it’s easy to get pierced. In zones, “nepotism” is detected very often.

Nothing good awaits them after exposure. Especially where the move is thieves. It’s even worse for the informers if, after exposing the hen, Blatota does not deal with him, but offers to become a double agent. It is impossible for a sex worker to find out the secrets of employees.

But such moles are quite capable of carrying misinformation to criminal prisoners. Plus, good informers have some influence on the operatives and can turn to them with requests. In general, there are also many options here. But thieves are still not geniuses. They cannot fully compete with trained professionals.

Sooner or later, the godfathers will figure out the double agent and severely punish him, locking him in a cell for a long time. And they will never be released early.

Become an activist (“goat”, “red”)

Another opportunity to get out early is to become an official “goat.” Do not knock secretly, but join an amateur organization or take the position of orderly, foreman or commandant.

But here, too, not everything is so simple, because in the black zones, where the beholders really have power, “red” or “goats” are a despised color. Not everyone can withstand many years of moral or even physical oppression.

Just like not everyone will be able to hold on to a goat position, given the fierce competition and meanness of their comrades who dream of taking a warm place. Often, such comrades give the librarians, the chairmen of the colony staff council, and the table staff - drugs and sharpening agents.

Not to mention the fact that goats that are in a good position are constantly being knocked on by other goats. But if you stay on the “Red Olympus”, then parole is guaranteed.

In the red zones, it is more difficult to become an activist. Because there are correctional institutions where 100% of convicts are assholes. While still in quarantine, they wrote an application to join the asset. They all went through the lowering ceremony by mopping the toilet.

In such institutions it is quite difficult to become useful to the administration. There, a gray mass sits on stools and doesn’t talk for hours. Or marches in formation and sings. Those prisoners who have been trusted must exercise supervisory functions and monitor discipline, which they do not particularly violate.

But you can’t just be listed as trusted. They are required to write 10 denunciations against their comrades per day. If they don’t write, they will first be beaten, and then removed from the asset. Which means “Hello, stool!” and “Goodbye, parole!”

As a result of this state of affairs, real activists simply write denunciations against prisoners they don’t like. The guards don’t know whether it’s true or not. They severely punish everyone who receives signals. Physically or in punishment cells.

Violators of the regime cannot leave early. That’s why everyone in such zones strives to become real activists.

Work in the zone

Another option for not completing the allotted term is to become a hard worker and, as it were, prove your correction through honest work. But there are also many nuances here. Unlike communist times, under the democrats there are not jobs in all zones. In some regions, getting a job in an industrial zone can be quite difficult.

How to stay there. And in some work detachments, discipline is stricter than in a concentration camp. Prisoners who work in brigades can be fed better. They are paid very little money, but they have enough for supplies and extra food.

And most importantly, they are released on parole. But if a worker does not fulfill the plan or commits the slightest violation of discipline, he is beaten by the foremen and orderlies of the detachment. No one is forced by force. Either obey, or go to the quitters. Almost all hard workers hold on to their jobs and endure executions and humiliation.

The other extreme is when a prisoner becomes a valuable specialist - he sharpens cool weapons for his superiors on a machine, makes highly artistic souvenirs, or perfectly repairs cars in Zonov’s garage.

Although he brings great benefits to the guards, he risks serving his entire sentence. Because it is valuable and almost irreplaceable. The employees will not openly quarrel with him, but they will whisper to the judge and he will not approve of an early exit. At the same time, the same employees will tell the specialist that the judge is a bastard and that they will try to persuade him in six months or a year.

Buy parole

Any prisoner knows the price list for parole in the region where he is imprisoned. The price can be anything, but it is always surprisingly divided by 3. For example, 210,000 rubles. To an outsider, these 10,000 rubles seem like some kind of markup.

But no. Simply 210 is 70 x 3. To the administration of the institution, the court and the prosecutor's office. There is no region in Russia where they do not take money for parole. And it often happens that money will have to be paid, even if the prisoner has no violations and is entitled to parole on all counts.

However, bosses also need to be able to give bribes. For example, in one of the Russian colonies there was a bandit who had rich friends at large. When his benefits came up, his friends drove up to the deputy for educational work of the institution and asked him to help their friend leave early.

The lieutenant colonel did not refuse the petitioners. Moreover, they should have generously thanked him for this. Friends told the prisoner-bandit that the matter was going well. And out of joy he told about this in a narrow circle of thieves.

In the midst of the blotty, naturally, there was an informer who reported this to the police unit. The opera was on good terms with the deputy for educational work. They warned him. The lieutenant colonel got scared, called and returned the bribe.

After this, the bandit was not released early on principle. Not for money, not for good behavior. So that no one would think that he bought the bosses.

Petition for parole: features

The application for parole has features arising from substantive and procedural law:

  • The convicted person submits a petition for parole to the court that passed the sentence or territorially serves the colony - Art. 396 Code of Criminal Procedure of the Russian Federation.
  • The application for parole is sent to the court through the administration, which attaches to it characterizing material about the convicted person - Art. 175 of the Penal Code of the Russian Federation.

IMPORTANT. In accordance with the instructions of the Supreme Court of the Russian Federation, all petitions are considered by the courts with an individual approach to convicted persons, therefore, positive changes in the personality of the convicted person must be described in as much detail as possible in the document.

The legislative framework

A mother’s petition for clemency, as well as other types of mitigation of punishment, are regulated by the following legal acts:

  • Article 50,71 and 89 of the Constitution of the Russian Federation.
  • Article 85 of the Criminal Code of the Russian Federation.
  • Article 176 of the Criminal Executive Code of the Russian Federation.
  • Regulations on the procedure for considering applications for pardon.
  • Decree of the President of the Russian Federation “On commissions on pardons in the territories of constituent entities of the Russian Federation.”

In general, there are several types of pardon:

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  • Presidential.
  • Maternal.
  • Public.
  • Personal.

It is the mother’s request that we will consider in more detail below.

Release procedure

If the petition is granted, a copy of the decision is sent to the following authorities:

  • The most condemned.
  • To a penitentiary institution where a prisoner is serving his sentence.
  • To the criminal inspection, which monitors the work of the above-mentioned penitentiary institution.
  • To the administration of the city where the penitentiary institution is located.

Further, according to the internal regulations of the colony or prison, after completing all the necessary documents, the convict is released.

Required documents

The petition is submitted by the mother to the administration of the penitentiary institution. The directly responsible inspector in the colony/prison, after checking and certifying the application, must attach the following package of documents to it:

  • Certificate-conclusion on the state of health of the convicted person.
  • Notice of the date of entry into force of the sentence.
  • Information that the convicted person satisfied the material claims of the injured party.
  • A questionnaire with biographical information about the convicted person.
  • An extract of previously sent petitions, if any.
  • Characteristics of the convicted person on behalf of the administration of the penitentiary institution.

Management is given 10 to 20 days to consider the application and prepare a package of documents for transmission to the next authority for consideration.

As the convicts write

Most convicts (both experienced and “first-timers”) write according to templates. Samples hang in units on information stands from the series “To freedom with a clear conscience.”

The oldest sample that the “inmates” sent me was printed in 1959 and corrected with a pen, i.e. did not even comply with the Code of 1960 (at most, it was published on the occasion of its release). The most recent one was from the late 90s, and was probably timed to coincide with the release of today's Criminal Code.

In general, any template remains a template – i.e. formal approach. I never tire of repeating that the formalism of the petition leads to the formalism of the judge.

Even now, having drawn up more than three hundred petitions and about a hundred appeals, having refined my templates almost to perfection, I always try to move away from them as much as possible - to show the judge that they spent time drafting the petition, lived it as another stage of correction . Apparently, this approach is producing results.

I must say that the templates hanging in the squads are extremely poorly designed. They are based on selecting cues based on the “yes/no” principle. As a result, we get gorgeous petitions from the series:

I am serving a sentence for three years, I don’t work, I don’t pay the claim, I ask to be released on parole.

Of course, no court will grant such a request.

There is another extreme, more typical of older and experienced convicts - they write entire essays about how they reformed, with all the characteristic “citizen bosses” and so on. It is impossible to accuse such applicants of formalism, however, their applications are rarely rejected - perhaps due to the fact that they can rarely count on the support of the colony administration.

A question of practice

Before the institution of pardon was introduced on the territory of the Russian Federation, and this is 2001, the number of convicts who were released from penitentiary institutions ahead of the deadline for pardon was more than 8,000. It goes without saying that among them were criminals who were in prison colonies for serious offenses - murderers, repeat offenders, and so on.

From the moment the procedure became regulated, the number of pardoned convicts was reduced to a minimum. Thus, in 2014, a positive decision was made regarding only 4 petitions.

As relatives of the convicted write

Relatives of the convicted also write excessively sentimentally. They do not have the right to independently submit a petition, but they pass the text to the inmates, and they submit it - sometimes without editing at all, sometimes washing out “mother’s snot.”

As a rule, relatives write according to a template - and they have more opportunities to find a good sample application for parole than inmates. There are many samples on the Internet, but “not all of them are equally useful.” Personal lamentations are also often added to the template. I believe that they have a more negative effect on the judge than a positive one.

What to do if you are denied parole

According to statistics, Russian courts deny parole in almost half of the cases. Moreover, most refusals contain signs of violations of the law - either the criminal code or the criminal procedure code. We write custom applications in such a way that a possible refusal is easier to challenge. To do this, we work very closely with the practice of refusing parole.

Actually, if parole is denied, you can do the following:

  1. File an appeal to a higher court. Our appeals mostly work – the refusal is overturned, and less often the case is returned for review. If the city court also refuses, we will challenge it further, right up to the Constitutional Court.
  2. Draw up and submit a petition to replace the unserved part of the sentence with a more lenient type of punishment (MLB) - under Article 80 of the Criminal Code of the Russian Federation. The mechanism is approximately the same. It is necessary to carefully study the refusal of parole and work around the subtle points in the new application. You can apply for “eighty” immediately - this right is in no way connected with parole.
  3. Of course, it is necessary to apply for parole again after a refusal - the convicted person has the right to do this 6 months after the decision on refusal. However, we hope that in six months we will get you out anyway.

If you are denied parole, send us a resolution - it will help us prepare applications even better and help people even more effectively. In addition, you can order an appeal against a refusal of parole from us. For those who are denied our application, we file an appeal free of charge!

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