Replacement of the unserved part of the sentence with a more lenient punishment
Dear Evgenia Yuryevna! A question has arisen on which I would like to hear your opinion - because I somehow doubt the correctness of some points... So, I was asked to prepare a petition to replace the unserved part of the sentence with a colony-settlement. Previously, I didn’t really work with the PEC of the Russian Federation, so I started digging ConsultantPlus and, of course, Pravorub and your article on it, which God himself ordered. After studying, I came to the conclusion that submitting a petition to replace the unserved part of the sentence with a more lenient one, specifying it in the form of a colony-settlement, is formally incorrect... in this topic, the question of specifying the desired replacement arose, to which you replied: ↓ Read in full ↓ in order to make the work easier judges (this is very welcome), you can indicate in the petition the type of punishment with reference to Art. 78 of the Criminal Executive Code of the Russian Federation. However, Art. 78 of the Penal Code of the Russian Federation provides for a change in the type of correctional institution, but not a change in the type of punishment to a more lenient one... What is a strict regime colony, what is common, that a colony-settlement are, according to Art. 56 of the Criminal Code of the Russian Federation, to the type of punishment provided for in Part 1 of this article - Imprisonment for a certain period. Replacing the unserved part of the punishment with a more lenient one, it turns out, should lead to replacing the punishment of imprisonment with punishment - if we take the list from Art. 44 of the Criminal Code of the Russian Federation - (The punishment that occupies a higher line in the legislative list of punishments in Article 44 of the Criminal Code of the Russian Federation is considered more lenient) - Article 44 of the Criminal Code of the Russian Federation. Types of punishments Types of punishments are: .... d) compulsory work; …. e) correctional labor; …. k) imprisonment for a certain period;
Consequently, the court may replace deprivation of liberty with one of the following types of punishment: compulsory labor, correctional labor, restriction of freedom or arrest, and in relation to military personnel - restriction on military service or detention in a disciplinary military unit. according to
Article 80. Replacement of the unserved part of the punishment with a more lenient type of punishment 1. For a person serving detention in a disciplinary military unit, forced labor or imprisonment, the court, taking into account his behavior during the period of serving the sentence, may replace the remaining unserved part of the punishment with a more lenient type of punishment. Article 56 of the Criminal Code of the Russian Federation. Deprivation of liberty for a specified period 1. Deprivation of liberty consists of isolating a convicted person from society by sending him to a penal colony, placement in an educational colony, a medical correctional institution, a correctional colony of general, strict or special regime, or to prison.
Here is the question - to submit a petition to replace the unserved part of the sentence with a more lenient punishment, specifying or not specifying the desired replacement - a colony settlement in accordance with Article 80 of the Criminal Code of the Russian Federation, 175 of the Penal Code of the Russian Federation,
or submit a petition to change the type of correctional institution in accordance with Art. 78 of the Penal Code of the Russian Federation... in general it’s somehow strange, in accordance with Art. 78 of the Penal Code of the Russian Federation - c) from general regime correctional colonies to a settlement colony - after convicts in light conditions of detention have served at least one quarter of their sentence; Moreover, there is no dependence on the severity of the crime committed at all... In accordance with Article 80 of the Criminal Code of the Russian Federation, 175 of the Penal Code of the Russian Federation - 2. The unserved part of the punishment can be replaced by a more lenient type of punishment after the actual serving of the sentenced to imprisonment for committing: a minor crime or moderate severity - at least one third of the sentence; serious crime - at least half of the sentence; especially serious crime - at least two-thirds of the sentence; where did I miss something - where did the dog rummage? Or is it all about the words - of convicts in light conditions of detention?
Lawyer for parole, replacement of the unserved part of the sentence with a more lenient punishment
The conditions for parole and commutation of punishment in the criminal legislation of the Russian Federation are the following:
Applies to the following types of punishment: imprisonment; forced labor; detention in a disciplinary military unit.
Actual completion of a specified sentence.
The person compensated for the damage in full or in part.
Substitution of punishment is regulated by Article 80 of the Criminal Code and Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 21, 2009 No. 8 “On the judicial practice of parole from serving a sentence, replacing the unserved part of the sentence with a more lenient type of punishment.”
The conditions for commutation of punishment are similar to the conditions for parole with some differences. For example, the unserved part of the sentence of a person sentenced to imprisonment can be replaced with a more lenient punishment after serving at least 1/3 of the sentence for committing a crime of minor or medium gravity.
How a lawyer can help:
For successful parole and commutation of punishment, it is necessary to obtain information about the person applying for parole and commutation of punishment from various organizations and institutions in order to understand which of the grounds for release provided for in the law is suitable for specific circumstances.
The complexity of this category of cases lies in the fact that in certain cases it requires “its own” package of documents and its correct submission. The lawyer will help you select all the documents, promptly, by virtue of his authority, demand them, and apply to the court with a petition.
When forming a package of documents and preparing a petition, we proceed from the specific circumstances of the case and find the most rational justification for the petition for the court that will consider the case.
By virtue of the powers provided for by the law on the legal profession and advocacy, a lawyer will cope with the task of preparing a package of documents for parole and commutation of punishment much more effectively than anyone else. The application must be accompanied by documents requested in advance, namely: documents from a medical institution on the state of health of the convicted person; documents on compensation for damage (writ of execution or other data); certificates indicating that the convicted person has a place of residence; a certificate from employers stating that the person will be officially employed after release; other documents depending on the specific situation.
A lawyer can build tactics and strategy when representing the interests of a convicted person to maximize the likelihood that the court will satisfy the petition.
If a request for parole is refused, the lawyer will appeal the refusal to the appellate, cassation and supervisory authorities.
Our lawyers have 20 years of experience in cases related to parole, including experience in communicating with correctional officers to find a compromise in cases where the prospects for parole seem “foggy.”
Here is a small part of the results of our work:
https://adv-legal.ru/sudebnye-resheniya/udovletvoreno-khodataystvo-advokata-ob-uslovno-dos65/
https://adv-legal.ru/sudebnye-resheniya/uslovno-dosrochnoe-osvobozhdenie-ot-otbyvaniya-nak/
https://adv-legal.ru/sudebnye-resheniya/uslovno-dosrochnoe-osvobozhdenie-ot-otbyvaniya-nak62/
https://adv-legal.ru/sudebnye-resheniya/udovletvoreno-khodataystvo-advokata-ob-uslovno-dos/
Geography of lawyer services for this category of cases:
Sverdlovsk region: Ekaterinburg; Krasnoturinsk, village Malaya Limka; Nizhny Tagil; Kamyshlovsky district, village. Oriental; Nevyansk; Kamensk-Uralsky; Nizhny Tagil; Verkhoturye; New Lyalya; Ivdel; Ivdelsky district, village. Lozvinsky; Ivdel, village Agricultural; Ivdelsky district, village. Nadymovka; Ivdelsky district, village. Spiky; Ivdel, village Pershino; Pervouralsky district, village. Sieves; Serovsky district, village. Sosva; village Gary; Garinsky district, village. Novo-Zykovo; Serovsky district, village. Sosva; Garinsky district, st. Puksinka; Garinsky district, village. Pelym; Tavda, village Bely Yar; Tavda; Tavdinsky district, village. Azanka; Taborinsky district, village. Yakshino; Taborinsky district village Tomsk; Kirovgrad; Irbit; Kamyshlov.
Perm region: Perm; Gubakha, village Shirokovsky; Solikamsk, st. Forest Village; Chusovskoy district, village. Skalny-2; Alexandrovsk, pos. Thawed; Solikamsky district, village. Nizhnee Moshevo; Kungur; Berezniki; Chusovsky district, village Skalny, village. Half; Okhansky district, village. Merzlyaki; Solikamsk; Krasnovishersky district, village. Ust-Tsypel; Krasnovishersky district, village. Molmys; Cherdynsky district, village. Nyrob; Cherdynsky district, village. Valai; Cherdynsky district, village. Vizhay; Cherdynsky district, village. Upper Kolva; Cherdynsky district, village. Nyrob; Cherdynsky district, village. Bubyl; Cherdynsky district, village. Bubyl; Cherdynsky district, village. Kushmangort; Cherdynsky district, village. Podgorny; Cherdynsky district, village. Serebryanka; Cherdynsky district, village. Kushmangort; Cherdynsky district, village. Chusovskaya; Cherdynsky district, village. Petretsovo; Cherdynsky district, village. Olkhovka; Cherdynsky district, village. Cap; Perm district, village. Gamovo; Kizel, Kudymkar.
Chelyabinsk region: Chelyabinsk; Satkinsky district, Bakal; Magnitogorsk; Chrysostom; Verkhneuralsk; Kopeisk, village Potanino; Kyshtym; Miass; Kasli; Satka.
Tyumen region: Tyumen; Ishim; Tobolsk; Tobolsk district, Lytkina village; Tyumen region; village Vinzili; Zavodoukovsk
| Prices for defending citizens in cases of parole and cases of replacing the unserved part of a sentence with a more lenient type of punishment: | |
| Preparation of an application for parole/replacement of the unserved part of the sentence with a more lenient punishment. | 15,000 rub. |
| Collection and request of documents for the formation of a package of documents in cases of conditional early release and cases of replacing the unserved part of the sentence with a more lenient type of punishment. | 20,000 rub. |
| One-time participation in a court hearing to consider an application for parole/replacement of the unserved part of the sentence with a more lenient punishment. | 15,000 rub. |
| Representing the interests of citizens in cases of conditional early release and cases of replacing the unserved part of the sentence with a more lenient “turnkey” type of punishment. | 50,000 rub. |
