What documents are needed for parole? Let's figure it out together with our criminal lawyer. Every prisoner, subject to certain requirements, has the right to receive parole. Prisons have certain rules that the prisoner must follow. Compliance is monitored by an assigned specialist. The procedure is applicable to a prisoner, even one who has committed a serious offense, and is used as an incentive for correction, observing the principles of humanity and justice.
Our criminal lawyer will help you in collecting what you need, incl. with the help of attorney requests, and will represent the interests of the prisoner in court on the issue of parole from serving a sentence as part of the release procedure.
There is a list of requirements that the prisoner must fulfill, as well as documents required for parole. If these requirements are met, the person may be released in accordance with the established procedure.
Who can count on parole in 2019?
In accordance with the provisions of Art. 79 of the Criminal Code of the Russian Federation, a person who is in prison can count on parole if the court recognizes that for his correction he does not need to fully serve the sentence imposed by the court, and also compensates for the harm caused by the crime.
The following must be kept in mind:
The sentence actually served by the convicted person cannot be less than 6 months;
In 2021, a convicted person can apply for parole through the administration of the institution or body executing the sentence.
The administration of the correctional institution in which the convicted person is serving his sentence, no later than two weeks after the filing of the convicted person’s petition for parole, is obliged to send the said petition to the court along with the characteristics of the convicted person;
Such a description must necessarily contain a conclusion on the advisability of applying parole;
When deciding on parole, the court takes into account the behavior of the convicted person while serving his sentence. For example, the presence of rewards and penalties, attitude towards work, participation in the public life of the correctional institution;
The court also examines information about the person’s chosen place of residence, whether he has a family or other relatives, where and with whom he intends to live, the possibility of his employment and the consent of the work collective, his hiring by this particular enterprise (organization) and etc.;
However, the absence of permanent or temporary registration at the place of residence (“registration”), relatives and/or preliminary agreement on the employment of a convicted person cannot serve as a basis for refusal of parole;
If the court denies a convicted person parole, re-submitting an application for parole is possible no earlier than six months later;
When re-submitting an application for conditional early education, the necessary documents must be submitted to the court anew.
Required documents for parole:
- Certified court verdict (without a court verdict, a prisoner will not accept an application for parole). The court verdict can be taken either by the prisoner himself, by writing a statement to the court by which he was convicted and it will be sent to him, or the relatives of the prisoner can contact absolutely any lawyer (not a lawyer), but only a lawyer who will take this verdict and certify it to the judge who issued or from the judge on duty. An uncertified verdict is not considered a document.
Attention!!! Relatives and other persons cannot take a court verdict (prohibited by law). Only any lawyer or the convicted person himself can take the verdict. No non-relative or other person, even on the basis of a power of attorney, can take the verdict. PROHIBITED BY LAW!
- Statement from the convict himself, where he asks for early release
Attention! When a convict writes an application for parole, he very often writes everything in a formulaic manner, based on the samples that are countless on the Internet or in the colony, as well as on the samples given to him by his cellmates. All these templates have the goal of ensuring that a person follows the application form in a procedurally correct manner. It is necessary to comply with the form. The prisoner writes the standard statement correctly and when the court reads it, he sees the usual dry statement, of which he has a closet full, only the names change and the names of the courts, but all statements from the convicts are like carbon copies. Don't do that!!! After all, the application is written individually from the person, everything must be indicated. Why, what life circumstances, in addition to correction and the convict’s understanding of the crime committed, have developed in the person’s family that require his presence at large. After all, the way the convicts write their statements is impossible to read, everything is so formulaic and formal. If you wrote a statement formally, do not be surprised later that the court will treat the consideration of your application in the same formal way. In your application, you don’t need to write entire poems about how unhappy you are and how bad everything is in your family and your health is poor. You need to simply, briefly, but explain to the court that your life circumstances really require your presence at home with your family.
Let's give a simple example: let's say a convicted person has a child (who is registered in his name) with his wife, he is married or divorced - this is not so important. As a convict usually writes a statement: “I ask you to release me early because I have dependent children” (standardly as a carbon copy), absolutely everyone writes this way. There is no need to write standard phrases, you really describe how difficult it is for your wife to support a child alone, even if your current or former wife writes a statement on her own behalf asking you to be released since you really take part in raising the child, and kept your child before taking her into custody. If there are no children, and dependent parents are pensioners or disabled (a disability certificate is required), then a similar statement from mom or dad to the court stating that your son or daughter took care of you and provided financial support.
❗️All about parole
Application for parole in 2021
The basic requirements for the content of an application for parole in 2021 are specified in the text of Art. 175 of the Penal Code of the Russian Federation. In accordance with the provisions of this article, any application for parole must contain:
- Name of the court to which the petition is filed;
- Last name, first name and patronymic of the convicted person;
- Information about the correctional institution in which the convicted person is serving his sentence;
- Information about the sentence passed;
- Information about the sentence served;
- An indication that during the period of serving the sentence the convicted person repented and partially or fully compensated for the damage caused as a result of the crime;
- Other data indicating the correction of the convicted person (for example, absence of violations of the regime, exemplary behavior, conscientious attitude to work, etc.);
- Request for parole;
- List of documents attached to the application;
- The date of the application.
applications for parole (version current for 2021)
Note! If you have questions or encounter any difficulties when preparing an application for parole in 2021, you can always seek free legal advice from the specialists of the CenterSoveta portal. The average waiting time for a response from a lawyer is 15 minutes.
Writing Instructions
To write a high-quality document, you need to carefully fill out and accurately indicate all names and names of organizations, live signatures and seals.
- Header of the document - employer details - name of the organization, legal and actual address, legal status, TIN.
- Upper left corner - fill in the document number, date of its preparation, place of sending - court or at the place of request.
- In the middle of the form is a letter of guarantee.
- Contents of the document - details of the organization or enterprise are re-registered, employer data - full name, given future employee - full name.
- Consent to admission is expressed, the date of admission to the workplace, the proposed vacancy or specialty (for example, to provide employment in the specialty), the approximate terms of enrollment and the conclusion of an employment contract after parole are indicated.
- Additionally, the salary and benefits, the provided social package - rights under the Labor Code of the Russian Federation are prescribed.
- At the bottom of the document is the signature of the head of the organization, transcript and seal.
You will learn more about how to correctly write a letter of guarantee, and read about the requirements for filling out and the person responsible for writing.
Certificate of registration at the place of residence for parole in 2021
A certificate of “registration” is another important document that can facilitate the parole of a convicted person. Depending on the situation, this could be:
- A copy of the certificate of ownership of the apartment that belongs to the convicted person;
- Certificate from the passport office confirming the registration of the convicted person at the place of residence;
- A receipt from a spouse, relative or other person who undertakes to register the convicted person in their living space.
receipts
Sample of a letter of guarantee for employment for an extended period of time
The letter of guarantee must be formatted accordingly. The main criteria for the court will be the form and seal of the employer, sealing the letter and the words of the promise to provide a job.
______________________________________________________________________________________________________
Details of the organization Individual entrepreneur Vasiliev S.A. (Chulym, Kozhemyakina St., 19, telephone 83835021321) TIN 93670000000 OGRNIP 59480000000 Document date May 22, 2021 No. 15 Ivanovo District Court
Letter of guarantee
Having examined the documents of the convicted Konstantin Gennadievich Silantyev, born 04/01/1973, I confirm my readiness to hire him at IP “Vasiliev S.A.” for the position of mechanic within a week from the moment of his release. With Silantiev K.G. an employment contract will be concluded with a standard social package and salary (salary - 15,000 rubles per month).
Application for 3 l. (Copy of individual entrepreneur registration certificate) Vasiliev S.A. / signature Place of seal
______________________________________________________________________________________________________
A letter of guarantee can be issued in the form of a certificate indicating the position, salary and personal information about the potential employee: full name, date of birth, residential address (if possible).
If the convicted person does not have a registration for employment, it is advisable to highlight this issue in the form of additional guarantees to provide assistance in providing housing and temporary registration.
Letter of guarantee from employer for parole in 2021
The employer who has signed such a letter of guarantee undertakes to hire the convicted person after parole. In the text of the letter of guarantee, we recommend indicating the name of the position that is offered to the future employee, the amount of salary and the period within which the employer obliges to employ the convicted person.
letter of guarantee for employment
Does it have legal force?
Of course, this paper has legal force. But problems may arise when presenting it to the courts .
If the paper is drawn up correctly and all the nuances described above are met, the court is obliged to accept it as evidence. Otherwise, if there are violations, the decision rests with the judge.
A letter of guarantee is an important obligation that protects the rights of the employer and employee . It ensures that the employee conscientiously performs his duties, for which he receives the agreed benefits.
Characteristics of a convicted person for parole in 2019
Any positive characteristics of the convicted person can be attached to the application for parole. For example:
- Characteristics from the place of work or study;
- Characteristics from neighbors;
- Characteristics from the administration of the correctional institution in which the convicted person is serving his sentence, etc.
characteristics for parole
Note! As practice shows, the characteristics work especially well in the case of crimes due to negligence, as well as minor and moderate gravity.
Additional certificates for parole in 2019
Above is a standard list of documents that will be useful to absolutely any convicted person applying for parole. However, in some cases other documents may be required. Eg:
Health certificate
It will come in handy if the convict suffers from any serious illness. You can obtain a certificate from the medical authority of the correctional institution.
Certificate about the difficult financial situation of the family
Are elderly parents receiving a meager pension or a disabled child in need of help waiting for the convicted person to be released? A certificate from social security will indicate the need for a breadwinner in the family.
Parents' health certificate
A medical certificate received by the parents of a convicted person at a district clinic serves as evidence of the need to care for relatives.
Wife's pregnancy certificate
If the wife of a convicted person is expecting a child, she can obtain a corresponding certificate from a gynecologist at her place of residence.
