A presidential pardon is an additional opportunity for a convicted person to obtain long-awaited freedom. When the sentence passed has been appealed by all courts, and appeals, cassation and supervisory complaints have not brought any results, thoughts arise that you have exhausted all possible options and the convicted person will not soon meet his family and friends while free.
Take advantage of every chance to gain freedom through a pardon application - call our criminal lawyer to find out everything about the presidential pardon procedure.
The procedure for pardon by the President of the Russian Federation
ATTENTION: pardoning convicts should not be confused with the procedure for conditional early release, which is implemented through the submission of an appropriate application to the court. The requirements for this type of appeal are different, as is the approach to this process.
In the Russian Federation, pardons are carried out exclusively by the president, which is why it is often called “presidential pardon.” However, it is not submitted directly to the President of the Russian Federation, but through the colony in which the convicted person is serving his sentence.
In this regard, reliable control over the movement of the petition is necessary, as well as by the colony staff, who, according to the legally established procedure, are obliged to register the submitted petition and send it to the Regional Body of the Ministry of Justice of the Russian Federation within 20 days.
The moment of control over the movement of the petition is no less important than its form and content, since often, on the initiative of the colony staff, the submitted petition “gets stuck” in the correctional institution and all your efforts to draw it up will not bring any results.
You should also know that a pardon can be granted both for the entire term announced by the court verdict, and for the unserved part of it. It is also necessary to take into account that the legal consequences of filing a petition can be not only the release of a prisoner from prison, but also a reduction in the term of the sentence imposed by the court, the replacement of a punishment with a more lenient one, or the removal of a criminal record from a person who has already served his sentence.
Thanks to the accumulated experience and high professional training, our criminal lawyers will help you track and monitor the progress of your petition to the President in order to achieve its consideration as quickly as possible.
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How is it different from amnesty?
Both amnesty and pardon are sweet words in the ears of the convicted. They wait for both for months and years. However, these concepts are different in their content, but still, they have a lot in common. Let's try to figure it out.
In criminal law, amnesty and pardon have one goal - they are aimed at convicted persons, and are carried out by the President of the Russian Federation in relation to a specific person once, they mitigate the punishment imposed by the court.
This is where the similarities end, and since in this article we gave greater preference to the issues of pardon, it will not be difficult for you to find the difference between pardon and amnesty.
The act of amnesty is issued by the head of state and is not preceded by petitions or petitions. If the President of the Russian Federation is in charge of issues of pardon, then the State Duma is in charge of issues of amnesty.
An amnesty can free a large number of prisoners in one act; this does not apply to pardon; the act of pardon is individual.
The form of registration of amnesty and pardon also differs.
Judging by practice, a prisoner is loved more when they respond to a petition for pardon, because this means that people have become acquainted with his repentance and believed him again.
How to write a pardon to the President?
- Form and content of a petition for clemency to the president. The text of the petition is drawn up in free form, since no templates or forms for it are approved by law. In this regard, you should present all your arguments as briefly as possible, because an essay presented on 5 pages will be treated very skeptically.
- When drawing up a petition for clemency to the president, it is necessary to remember that a pardon is not a recognition of the fact of the innocence of the convicted person, but simply a manifestation of compassion and humanism towards him. Those. pardon is an act of mercy, forgiveness of a person who has committed a crime, the implementation in practice of the basic principle of social justice of criminal liability. With this petition, it is necessary to convince those considering it that release from punishment, or its mitigation in relation to the convicted person, seems most preferable from the point of view of achieving the goals of criminal liability and its positive result is intended to provoke a response from the convicted person in the form of abstaining from committing a crime. Find out more about the process of pardoning convicts from a consultation with a criminal lawyer, which is carried out by appointment in our legal education.
- Appendix to the petition for clemency. The Law Office "Katsailidi and Partners" draws your attention to the documents attached to the application confirming your position regarding the arguments set out in the application. The attachment of documents is extremely important, since it complements the overall picture of your application and confirms the facts examined in the application itself, refuting their unfoundedness.
How is it viewed?
The decision-making procedure is determined by Decree of the President of the Russian Federation No. 1500 (dated December 28, 2001). In each region and territory of the country there are commissions of 11 people who decide on the validity of the application. After this, it is transferred to the Presidential Administration.
For a convicted person, the process for applying for clemency is as follows:
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- Contacting the IC administration. The petition is registered and sent to the Federal Penitentiary Service.
- The prisoner receives written notification that his application has been sent to the Federal Penitentiary Service.
- Next, it goes to the regional commission for preliminary assessment, after which it is sent to the Presidential Administration if it meets the requirements of the law.
The administration of the penal colony can be asked to attach to the case documents that the prisoner himself does not have, but confirms the facts from the text of the petition.
They have no right to refuse this, as well as to refuse to send an application.
Petitions from those sentenced to probation are sent to the regional penitentiary inspectorate. A citizen who has served his sentence and requests to have his criminal record removed must contact the regional inspectorate directly, the address of which he can find on the website of the Regional Government.
A petition for pardon must be sent from the administration of the penal colony to the Federal Penitentiary Service within 10 days (for serious crimes - 20 days). Next, a week is given to transfer them to the local commission. If it was not sent, the convicted person has the right to complain to the Prosecutor's Office.
The commission prepares its conclusion within a month. Although only the President can decide on a pardon, this commission document plays an important role and can influence his opinion. When preparing it, take into account:
- The nature and danger of the crime.
- Behavior of a prisoner in the penal colony.
- Time served.
- Compensation for harm.
- Information about your health and family.
The commission has the right to take into account other documents, as well as request a characteristic from the IC. Next, the petition is submitted to the governor or head of the municipal assembly, who forward it to the President. These officials are given 15 days to consider the application.
Documents for an application for presidential pardon
The main attachment to a petition for clemency to the president may be:
- information and certificates about whether acts of pardon, amnesty or parole for previous convictions were previously applied to the convicted person;
- a copy of the court verdict, as well as copies of appeal, cassation, supervisory judicial acts, if an appeal of the verdict took place in the indicated authorities;
- characteristics of the convicted person from the place of serving his sentence;
- characteristics of the convicted person from his place of residence;
- if the convicted person is convicted of a crime that caused material damage to the victims, then it is necessary to attach documents confirming information about his compensation;
- a letter of guarantee from your place of employment, which states that you are ready to be hired if you are released;
- other documents confirming your positive social status in society and the fact that you will be useful to society in case of release (availability of living space, minor children, etc.). The list is not exhaustive - a criminal legal analysis of your situation may provide additional thoughts regarding the collection of characterizing material.
In collecting and preparing the necessary documents, the criminal lawyers of our bureau will be able to provide you with invaluable assistance, since they have the legally established opportunity to submit a lawyer’s request . We will also help you assess the sufficiency of the information collected and can advise you on what additional documents will need to be collected.
Motives for pardon and refusal
It is very important to understand what the actual motives for asking the president for a pardon will be to obtain forgiveness. They may be based on the following:
- serious services to the state;
- primary conviction;
- poor health of the person asking for pardon;
- intercession for the prisoner by the public or loved ones;
- advanced age;
- discovery of facts that were not taken into account when imposing punishment, considering the case, and so on.
Pardon will be unequivocally denied to a person who committed a crime while serving a suspended sentence. Applications from the following citizens will be rejected:
- if the applicant was previously subject to an amnesty;
- if a decision on pardon was previously made against the citizen;
- if mitigating measures have already been applied to the person.
Petitions from prisoners who have repeatedly violated law and order in prison will not be considered.
Who can apply for a pardon?
In accordance with Part 3 of Art. 50 of the Constitution of the Russian Federation, the right to pardon is given to everyone convicted of a crime. This article of the Basic Law means that any convicted person can apply for a pardon to the president, regardless of the nature and degree of public danger of the crime he has committed, the size and type of the established punishment, as well as the place of its execution. The main condition for filing an application is the status of a convicted person, that is, the person who submits the application to the president must be sentenced to serve a sentence by a court in accordance with the criminal law. At the time of filing the petition, the verdict must enter into legal force.
The Presidential decree on pardon is issued in relation to persons:
- convicted by a Russian court and serving a sentence in Russia;
- convicted by a court of a foreign state, but under an agreement between countries serving their sentence on the territory of our country;
- who have served a sentence imposed by a court in the Russian Federation or in another state, but who have an outstanding criminal record. Thus, the legislator reserved the right to a presidential pardon for persons who have already served their sentences.
Additionally, it is worth noting the fact that despite the fact that, as a rule, the convicted person applies in person, the convicted person’s right to pardon can also be exercised by his defender, lawyer or legal representative.
Terms of consideration and procedure for release
Pardon by the President is reflected in his decree. The text of the document contains the details of the pardoned person and a specific decision. However, the reasons for the pardon are not indicated.
- In the penal colony, where the pardoned person is serving his sentence.
- At the Federal Penitentiary Service.
- The regional governor or the head of the municipal assembly.
A pardoned person is not rehabilitated. Also, the Presidential Decree does not exempt him from the requirement to compensate for the damage caused to the victims of the crime.
The President of the Russian Federation makes a decision within 2 days from the date the petition for pardon is submitted to him.
When is a presidential pardon impossible?
Convicts who were previously released from actually serving a sentence established by a court verdict, as well as persons who violate the procedure for serving a sentence, will not be able to exercise the right to pardon. Persons previously released from real punishment can be divided into two groups.
- citizens for whom the court initially determined the punishment to be suspended . They are subject to a probationary period, violation of which will lead to a real sentence. While serving a real sentence, in connection with a violation of probation, it is pointless for the convicted person to apply for pardon.
- citizens who have already served part of the actual sentence and have previously taken advantage of the right to be released from prison . Such persons, in particular, include those released on parole, as a result of an amnesty, or previously released under an act of pardon.
Persons who maliciously violate the order of serving a sentence also cannot be pardoned by the president. Violation of order includes: consumption of alcoholic beverages and drugs, insulting representatives of an administrative institution, petty hooliganism and other offenses.
Conditions of release
The Criminal Code of the Russian Federation in its articles states that a person can be released from punishment, which means that persons filing petitions always have a chance.
The procedure for considering a pardon and making a decision on it is quite simple.
However, many mistakenly believe that each request for pardon is personally reviewed by the President of Russia.
This is not so; specialized commissions on pardon issues have been created in the regions for these purposes. They are the ones who initially consider the application.
The practice of commissions shows that a positive answer is a fairly common occurrence.
However, cases of failure are not uncommon. They refuse pardon not on their own whim, but on compelling grounds.
For example, it refuses to pardon convicts who committed a socially dangerous act while on probation.
Also, if the convicted person once resorted to amnesty, then he is also a candidate for refusal.
There are not so many provisions on in what cases a convicted person may be refused.
How is it done?
The Pardon Commission is a fairly important body, because each of its members is responsible for the fate of a particular convict.
Members of the commission must treat each request without bias. Who does such a commission consist of?
As a rule, the commission consists of prominent public figures. The commission operates according to the charter.
There is no subjective attitude here. If the convicted person has already submitted a petition and was denied, the new petition is not rejected, but continues to be considered in the general regime.
The main thing is that the period between applications exceeds half a year.
As for the composition, the commissions are mainly formed from legal practitioners and theorists. You will agree that it is much easier for people who are well versed in various legal aspects to navigate the situation.
But in addition to people knowledgeable in the legal field, the commission may include businessmen, politicians and artists.
All this is done with the goal that the commission’s decision is based on various human emotions and considerations.
The commission accepts petitions from both the convicted person (letter) and his lawyer. Recently, practice has taken a different path and now relatives can submit a petition.
Notes
- ↑ Spitsyn V.I.
On the issue of pardon // Modern law. - 2002. - No. 12. - ↑ Marogulova I. L.
Legislative problems of amnesty and pardon // Journal of Russian Law. - 1998. - No. 1. - P. 32. - ↑ Dusaev R.N.
Evolution of criminal law in Western Europe and the USA. Tutorial. Part I. - Petrozavodsk, 1999. - P. 97. - ↑ Dusaev R.N.
Evolution of criminal law in Western Europe and the USA. Tutorial. Part I. - Petrozavodsk, 1999. - P. 40. - ↑ Dodonov V.N.
Comparative criminal law. General part / under general ed. S.P. Shcherby. - M.: Yurlitinform, 2009. - P. 403. - 448 p. — ISBN 978-5-93295-470-6. - ↑ 1 2 3 Dodonov V.N.
Comparative criminal law. General part / under general ed. S.P. Shcherby. - M.: Yurlitinform, 2009. - P. 404. - 448 p. — ISBN 978-5-93295-470-6. - ↑ Constitutions of European States: in 3 vols. - M.: Norma, 2001. - T. 2. - P. 20.
- ↑ Constitutions of European States: in 3 vols. - M.: Norma, 2001. - T. 2. - P. 117, 118.
- ↑ 123456
. // Russian newspaper. - 2001. - No. 255, 12/30/2001. - ↑ 1234
Criminal law course. Volume 2. General part. The Doctrine of Punishment / Ed. N. F. Kuznetsova, I. M. Tyazhkova. - M.: IKD "Zertsalo-M", 2002. - ↑ Criminal law of Russia. General part / Ed. V. N. Kudryavtseva, V. V. Luneeva, A. V. Naumova. — 2nd ed., revised. and additional - M.: Yurist, 2006. - P. 478.
- ↑ Decree of the President of the Russian Federation dated January 12, 1992 No. 17 “On the Commission on Pardons”. // Vedomosti SND and VS RSFSR. - 01/23/1992, No. 4. - Art. 154. //
- ↑ (Russian). NEWSru.com - the fastest news (December 24, 2001). Retrieved May 15, 2011. February 7, 2012.
- ↑ 1234567
- ↑ (Russian), Izvestia
. Retrieved June 8, 2021. - ↑ 12
(English). Retrieved June 8, 2021. - ↑ This provision was repealed by Federal Law No. 46-FZ of April 5, 2010 “On Amendments to the Criminal Executive Code of the Russian Federation and Art. 22 of the Law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of imprisonment.”
- ↑ “Neither the Constitution nor the current legislation binds the President’s exercise of his powers to pardon with any formal conditions, which gives him the opportunity to determine the procedure for passing materials and the volume of pardons carried out” - Article-by-article commentary to the Constitution of the Russian Federation / under general. ed. Kudryavtseva Yu. V. - M.: Legal Culture Foundation, 1996.)
- ↑ Pardon // Encyclopedic Dictionary of Brockhaus and Efron: in 86 volumes (82 volumes and 4 additional). - St. Petersburg, 1890-1907.
- ↑ “In addition to the convicted person, relatives of the convicted person, his lawyer, public and government organizations can also apply for pardon” - Commentary on the Constitution of the Russian Federation / L.A. Okunkov. — 2nd supplemented and revised. - M.: BEK, 1996.
- ↑ Diakonov V.V. 2003
- ↑
- ↑
- Ruckman, P.S., Jr.
Executive Clemency in the United States: Origins, Development, and Analysis (1900-1993). - Presidential Studies Quarterly, 1997. - P. 251-271.
Typology of pardons
In 2021, pardons can be classified based on their consequences:
the applicant was released from prison and his sentence was terminated; the period of stay in places of detention has been reduced for the convicted person; the perpetrator was given a more lenient form of punishment; the period of criminal record previously served has been removed.
Another version of the typology is determined by the identity of the submitter of the request for clemency. According to this typology, the following options are distinguished:
mother's petition; Act of the President; petition from society; petition of the convicted person himself.
The petition coming from the mother is a cry of despair. The desire of a mother to protect her son/daughter from punishment, regardless of the severity of the act committed, is very common. The commissions preferred to accept the application of the mother of the person who violated the law as priority. Experts advise accompanying your own petition for pardon addressed to the President with a letter from your mother. However, recently the effectiveness of the mother’s petition has been gradually decreasing. However, it is better to draft a letter from the mother to enhance the impact of the clemency petition. You can ask a lawyer for a sample document or find it online. If the mother has health problems, certificates about this are attached to her application.
A presidential decision to pardon may apply to any person who has been sentenced to punishment. The absence of representations to the President from administrative commissions cannot become an obstacle to forgiveness. As a general rule, a petition is still necessary, as well as a presentation with a conclusion whether to grant the petition or not.
According to practice, petitions are submitted on behalf of the convicted person or his human rights defender. But there are situations when a petition is drawn up from the public. A person who has committed a crime is accepted by the public as innocent, for example, when committing murder in self-defense. In this case, a personal petition is accompanied by a petition from society, i.e. groups of people.
Definition
A pardon is an act of mercy that can be applied to a person convicted of any crime. Anyone who has been convicted by a court can apply for a pardon. This right is regulated by Article 50 of the Constitution of the Russian Federation. Until 1997, prisoners sentenced to death could also apply for clemency. However, after 1997, this type of punishment is no longer applied, which is finally confirmed by legislative changes in the Constitution of 2009.
During the consideration of the relevant application, one of the following decisions may be made:
- Release the convicted person from the remaining term of his sentence;
- Partially reduce the remaining period of stay in prison;
- Replace the current sentence with a more lenient one. For example, imprisonment can be replaced by correctional, compulsory or forced labor;
- Completely remove a person’s criminal record if the court’s decision was unjustified;
- Release the offender from additional punishment, which should come into force after the expiration of the current preventive measure.
Of course, the President has the right to refuse pardon to a convicted person at his own discretion.
Open messages to Vladimir Vladimirovich Putin
If citizens' appeals on the official website of the President of Russia are available only to those officials who are involved in their consideration, then Open Letters are posted on the Internet in the public domain and everyone can read it and support the author and leave comments.
You can publish an open letter on our website.
In such cases, public opinion can become a guarantee that government officials will pay due attention to the problem raised in an open appeal and make an appropriate decision.
If you don’t know how to write an open letter to Vladimir Vladimirovich Putin, then you can read already published letters on the Internet in advance. There are hundreds of open messages on this site that you can use as a template for writing a message.
Pardon concept
A pardon is a separate decision of the president, canceling the sentence imposed on a convicted person in court or mitigating it.
It should be noted that some liability measures are not canceled:
- awarding compensation to the victim for material and moral damage,
- deprivation of the criminal of his position, existing awards,
- confiscation of property assets ordered by the court.
In fact, the implementation of a pardon is the return of freedom to a convicted person before the deadline determined by the court.
Naturally, the Head of State will not consider such a serious request immediately.
Before reaching his desk, the document must go through a whole list of authorities:
- the administration of the institution where the person is serving his sentence,
- The Penitentiary Inspectorate (Criminal Inspectorate), which is subordinate to such an institution,
- specialist. a commission that considers such types of appeals from convicts,
- the head of the administration in the territory, who is directly authorized to redirect the petition to the President.
Only after such a long “procession” is the petition transferred to the only person authorized to make such important decisions.
Criminal record: expungement and expungement of criminal record.
