Exemption from punishment due to illness: types of diseases, conditions

Guided by the principles of humanism, the state provides the opportunity for early release of criminals serving prison terms or mitigation of punishment when sentencing persons who have committed a crime. The basis for this may be repentance for what they have done, good behavior in prison, atonement for their guilt by conscientious work, as well as other mitigating circumstances. One of these reasons is the presence or occurrence of severe forms of physiological or mental illness in the criminal.

Exemption from punishment due to illness

When deciding on the type of punishment or early release, judicial authorities must take into account the presence of illnesses of the accused that may prevent his further stay in captivity. At the same time, for persons with severe mental disorders, punishment in the form of imprisonment in correctional labor colonies is replaced by compulsory treatment in specialized psychiatric institutions.

General groups of mitigating diseases

Criminal legislation defines various types and stages of development of diseases that can become a reason for mitigating sentences, early release of a prisoner, or replacing imprisonment with compulsory treatment in a psychiatric institution.

Important! This list may change depending on the emergence of new forms and varieties of dangerous diseases.

There is a certain list of diseases that can be a reason for mitigation of punishment or its cancellation, replacement with another

There are three main groups of diseases that relate to mitigating circumstances when determining a sentence and making decisions on the early release of persons who have violated the law.

1. Types and degrees of diseases, upon detection of which conscripts and military personnel are considered unfit for military service. The list of such diseases is contained in the government decree that regulates the activities of military medical commissions.
2. Dangerous infectious diseases that pose a threat to the life and health of others can become a source of epidemics.
3. Serious mental disorders in which a person partially or completely loses touch with reality, ceases to be aware of and control his actions, which is confirmed by the results of a psychiatric examination. If the patient has committed a crime or his behavior poses a potential or real danger to society, the court may decide to release the accused from liability and send him for inpatient treatment in a specialized psychiatric clinic.

If the person who committed the crime suffers from a mental disorder, he may be released from liability and sent for treatment to a psychiatric clinic

The presence of mitigating diseases in a criminal must be confirmed during a qualified medical examination.

Important! The final diagnosis is approved by a special medical commission.

A medical examination must establish the arbitrary nature of the illness, independent of the actions of the accused, and the absence of simulations or self-harm on his part. Only under these conditions can an identified disease serve as a basis for a reduced sentence. However, such a decision is not final if there is a likelihood of recovery within the statute of limitations established by law for the crime committed by the patient. If the offender is restored to health, the court may consider depriving him of his liberty for the period provided for by the Criminal Code.

The presence of the disease must be confirmed by examination

Important! Compulsory treatment of mentally ill criminals in psychiatric institutions lasts until their complete recovery. Each day of stay in the clinic is equivalent to a day of imprisonment in correctional labor institutions.

Types of diseases of convicts that prevent them from serving their sentences

Although the fundamental core principles of criminal law provide for mandatory punishment for a specific offense that has been recognized as a crime, in some situations the legislature makes concessions and reduces or eliminates the punishment for those individuals who have serious health problems.

The issue of the process of release from punishment due to illness is regulated in accordance with Art. 81 of the Criminal Code of the Russian Federation. Here are the circumstances that lead to the fact that the offender may be released from liability. As for certain diseases that can serve as a mechanism for exemption from punishment, they are combined into three main groups;

• Diseases that make a person unfit for military service. In such a situation, a citizen cannot be involved in military service, and in case of evasion of duty, he cannot be brought to criminal liability.
• Mental disorders that deprive a person of the ability to really understand his actions and actions and establish a certain degree of danger for the public. If, as a result of the examination, it is recognized that a person is unable to control his actions and actions in relation to others, then he will be released from serving an inpatient sentence for a previously committed criminal act and will be placed in a special treatment and preventive institution.
• Other forms of diseases that make the process of serving a sentence impossible due to certain circumstances. It is worth noting that in this situation, certain forms of illness can become a reason for exemption from liability if they pose a threat to others and are contagious.

Thus, if a particular person is found to be in poor health and has a serious illness that affects his physical and psychological characteristics, then he will be released from liability, or his punishment will be commuted in accordance with the established rules of the Criminal Code of the Russian Federation.

The most common diseases that mitigate punishment

The most common reasons for early release or reduced sentences are such diseases.

1. Chronic tuberculosis of severe form.
2. Malignant inoperable tumors caused by pathological growth of tissues of various organs.
3. Endocrine diseases of severe chronic forms - adrenal insufficiency, diabetes mellitus, tumor of the hypothalamus, pituitary gland, gout.
4. Severe forms of diseases of the sensory organs and nervous system.
5. Chronic pathologies of the respiratory system.
6. Liver cirrhosis with various complications, cachexia stage of intestinal disease.
7. Diseases of the blood and circulatory system of the third degree and higher.
8. Chronic renal failure in combination with diseases of the urinary organs.
9. Bone and muscle diseases at stages accompanied by persistent, severe disorders of musculoskeletal functions.
10. Amputations of the upper or lower extremities.
11. Anemia, HIV, radiation sickness IV degree.
12. Mental disorders - dementia, schizophrenia, severe forms of psychosis.

The presence of tuberculosis, HIV, various chronic pathologies and other things can lead to early release or a reduced sentence

A complete, exhaustive list of diseases that serve as grounds for mitigating punitive measures against criminals is approved by government decree.

Important! This legal act is amended every few years, as new types and forms of serious diseases appear.

What diseases cannot be kept in a pre-trial detention center today?

In January 2011, the Russian government adopted a decree “On medical examination of suspects or accused of committing crimes,” which applies to persons who have not yet been sentenced. According to it, the list of serious diseases that prevent the detention of suspects or accused of committing crimes includes:

1. Some infectious and parasitic diseases:

• tuberculosis of the respiratory system, confirmed bacteriologically and histologically, with symptoms of respiratory failure of the third degree or circulatory failure of the third degree;
• tuberculosis of other systems and organs in the presence of complications and persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital;
• a disease caused by the human immunodeficiency virus (HIV), in the stage of secondary diseases, in stage 4B or 5, in the presence of persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital.

2. Neoplasms:

• malignant neoplasms, regardless of their location (clinical diagnosis must be confirmed by histological examination of the primary tumor or metastatic lesion) of the 4th clinical group (in the presence of distant metastases in the preterminal state) and the 2nd clinical group with a previously identified, precisely defined oncological disease subject to special types of treatment (surgical treatment, radiation, chemotherapy, etc.) in inpatient conditions at a specialized oncological treatment and prevention institution;
• malignant neoplasms of lymphoid, hematopoietic and related tissues (the diagnosis must be confirmed by a morphological study of blood and (or) bone marrow, biopsy of a tumor formation or lymph node) in the presence of complications and persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in conditions specialized medical hospital.

3. Diseases of the endocrine system, nutritional disorders and metabolic disorders:

• severe forms of diabetes mellitus in the presence of complications and persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital;
• severe forms of diseases of the thyroid gland (if it is impossible to correct them surgically) and other endocrine glands in the presence of complications and persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital.
  Question answer

  Why is there yoga in pre-trial detention centers?

4. Diseases of the nervous system:

• inflammatory diseases of the central nervous system with a progressive course, accompanied by severe symptoms of focal brain damage with persistent impairment of motor, sensory and vegetative-trophic functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital;
• severe forms of atrophic and degenerative diseases of the nervous system with a progressive course, with persistent impairment of motor, sensory and vegetative-trophic functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital;
• diseases of the neuromuscular junction and muscles with a progressive course, as well as paralytic syndromes accompanied by persistent impairment of motor functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital.

5. Diseases of the eye and its adnexa:

• eye diseases accompanied by complete blindness.

6. Diseases of the circulatory system:

• chronic rheumatic and other heart diseases with circulatory failure of the third degree or in the presence of complications and persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital;
• hypertensive (hypertensive) disease with circulatory failure of the third degree or in the presence of complications and persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital;
• arterial diseases with damage to the main and peripheral vessels of the lower extremities with a clinical and pathomorphological picture of acute or chronic arterial insufficiency of the IV degree, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital;
• consequences of cerebrovascular diseases with pronounced symptoms of focal brain damage and the presence of persistent dysfunctions of the body, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital.
  Question answer

  Is it possible to receive compensation for being in a pre-trial detention center?

7. Respiratory diseases:

• purulent and necrotic conditions of the lower respiratory tract, as well as chronic diseases of the lower respiratory tract with respiratory failure of the third degree or in the presence of complications and persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital.

8. Diseases of the digestive system:

• severe forms of diseases of the digestive system in the presence of complications and persistent dysfunctions of the body, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital;
• liver disease with stage III liver failure.

9. Diseases of the musculoskeletal system and connective tissue:

• severe forms of diseases of the musculoskeletal system with a progressive course, severe and persistent dysfunction of organs and systems, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital.

10. Diseases of the genitourinary system:

• kidney and urinary tract diseases, as well as complications of other diseases requiring regular extracorporeal detoxification;
• diseases of the kidneys and urinary tract in the presence of complications and persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital.

11. Injuries, poisoning and some other consequences of external causes:

• anatomical defects (amputations) resulting from illness or injury, leading to significant limitations in life, requiring constant medical support.

Also, the list of diseases that cannot be kept in a pre-trial detention center includes chronic radiation sickness of the IV degree (in the presence of persistent impairment of body functions, leading to significant limitation of life activity and requiring long-term treatment in a specialized medical hospital).

Article on the topic

They sit like everyone else. Where do former high-ranking officials serve their sentences?

General procedure for sick leave

The process of releasing a criminal sentenced to prison ahead of schedule due to the onset or development of a serious illness is quite lengthy and includes a number of preparatory measures. If the convict’s health deteriorates and he exhibits symptoms of a disease included in the relevant list, he must undergo a medical examination by doctors at the penitentiary institution.

A person who is in custody must undergo a medical examination in order to be released early due to illness.

If, based on the results of a medical examination, a special commission determines that further serving the sentence is dangerous for the life of the patient, his illness poses a threat to the health of others, lawyers and representatives of the prisoner must draw up and submit to the court a petition for early release. While this application is being considered in court, the administration of the correctional labor institution must take measures to treat the criminal and his social adaptation to life in freedom.

Important! Persons found to have serious mental disorders should be sent to a specialized psychiatric hospital.

A positive decision by the court to commute the sentence or early release of a criminal from prison due to a serious illness is not an acquittal and does not remove the criminal’s criminal record. He is still considered a person who has committed a crime, which imposes a number of restrictions and obligations on him to comply with certain rules upon release.

A person’s criminal record will still not be expunged

Until the end of the sentence established by the court verdict, the released criminal must be specially registered under the control of law enforcement agencies. He is prohibited from leaving his place of residence without permission without special permission. If necessary, social services may be involved to adapt a former prisoner to the conditions of normal life in society. Employees of such organizations will help him find a new job, solve everyday problems, and establish relationships with other people.

At the time set by law enforcement officers, a released convict is required to undergo a medical examination to confirm his illness.

Important! If a disease that poses a threat to society is identified as infectious, by decision of a special commission, the patient may be isolated from others and sent for compulsory treatment.

If the disease is serious and requires special treatment, the person will be isolated from others and forcibly referred to therapy

When new crimes are committed, the court may decide to serve the remaining sentence in a correctional institution for a criminal previously released due to illness. In this case, the presence of a serious illness will not be accepted as a mitigating circumstance, and a new sentence will be added to the previous punishment, corresponding to the severity of the offense committed.

Procedure for release from punishment

The process of releasing criminals from established liability is preceded by a number of preparatory measures, which begin long before the moment when the convicted person is released or a mitigation of punishment is applied to him.

If it is determined that further serving of the sentence is impossible due to the presence of a serious illness that threatens the life and health of not only the offender himself, but also those around him, a petition is filed for release from liability or a mitigation of the sentence.

After this petition is submitted for consideration, the person against whom the measure of release from punishment will be applied will gradually prepare for normal adaptation to society. If the disease is mental in nature, then the convict will be sent for treatment to specialized medical institutions.

The grounds and procedure for exemption from punishment are regulated at the legislative level. In particular, it is provided that release from punishment does not constitute rehabilitation, and the offender remains in violation of the existing provisions of the legal framework. Based on this, for some time after his release he will be under the control of law enforcement agencies, and, if necessary, social services that will help him adapt to normal life in society and interaction with other people. In addition, if necessary, the released person will be provided with assistance in finding employment and solving everyday problems.

It is necessary to pay attention to the fact that if a person serving a sentence is diagnosed with a serious illness that can lead to a socially dangerous situation for one reason or another, then his interaction with the public may be limited, and the patient himself will be sent for treatment in specialized medical institutions, including forcibly.

The procedure for filing a petition for mitigation of punishment due to serious illness

To begin the procedure for release from punishment, a lawyer or official representative of a convicted or accused person must draw up and submit a corresponding petition to the court. The preparation of such a document should be entrusted to a qualified lawyer, since non-compliance with the model established by regulations may serve as grounds for refusal to accept this application for consideration by the court.

The lawyer of the convicted person must draw up a petition and send it to the court

Among the main requirements for a petition are the following rules and regulations for its preparation.

1. The application must comply with the prescribed form.
2. The document indicates specific valid reasons and grounds for applying to a judicial authority in order to consider a request to cancel or mitigate a criminal penalty in connection with the illness of a person convicted or accused of committing a crime.
3. The petition must contain detailed, reliable information about the crime committed, the nature, severity of the offense, and all the circumstances of the case under consideration.

   The petition must include detailed information about the crime, as well as the offender's illness. Medical certificates are also included

4. The application must be accompanied by all medical certificates, the conclusion of a medical commission about the presence of severe forms of illness in the accused or prisoner, which may worsen in places of deprivation of liberty or pose a danger to others.
5. The application must not contain errors, any corrections or typos.

Important! Any unverified or deliberately false information, lack of documented data about the disease will cause the judicial authorities to reject such an application.

False information will cause the application to be rejected

Features of mitigation of punishment for persons with mental illness

According to criminal law, persons who develop severe mental disorders after committing a crime are subject to mandatory release from punishment, regardless of the opinion of the court. However, not every mental illness is the basis for such a decision. To become a reason for releasing a criminal from punitive measures, his mental disorder must meet the following conditions:

• the disease must occur after the commission of the crime;
• a person does not perceive the reality and danger of his actions or inaction in relation to others;
• the person who committed the crime does not realize his guilt, the compulsory nature of the punishment, the punitive purpose of conviction and retribution, which deprives the punishment of the meaning and the possibility of correcting the criminal.

For a person to be released from punishment, there must be compelling reasons

There are several options for releasing mentally ill criminals from punishment.

However, release from serving a sentence may be temporary if the mental disorder is reversible. In this case, upon recovery, the offender is subject to criminal liability and the established punishment, unless the statute of limitations for the crime he committed has expired.

Important! For mentally ill persons who have committed a crime, release from the prescribed punishment will be final and unconditional if the mental disorder is irreversible, in which its recovery is practically impossible.

If the disorder is reversible, release from imprisonment may be temporary

The provisions of Article 81 of the Criminal Code of the Russian Federation on the release of persons with mental disorders from punishment do not apply to defendants whose insanity cannot be determined for objective reasons. For example, when psychiatrists cannot establish the nature of the disease, determine the onset of its onset and correlate it with the time of the crime being charged due to ambiguous manifestations of the suspect’s mental disorder.

Important! In this case, the accused, due to his mental health condition, cannot participate in investigative actions or appear at trial. In such cases, judicial proceedings may be suspended until the final diagnosis or recovery of the accused is determined.

According to the norms of the Code of Criminal Procedure of the Russian Federation, a mentally ill suspect is subjected to a forensic psychiatric examination, which must establish the following facts:

• whether the accused has a serious mental disorder;
• type of disease, whether it is temporary or irreversible;
• whether the suspect can participate in investigative actions and the trial.

Article 81 of the Criminal Code of the Russian Federation

Persons with mental disorders falling under Article 81 of the Criminal Code, for whom automatic exemption from criminal punishment is applied, may be sent for inpatient treatment to a specialized medical institution, including forcibly.

In cases where investigative and procedural actions are suspended due to the impossibility of determining the degree of sanity of the suspect, compulsory treatment cannot be used.

Important! However, in practice, courts are often forced to send such defendants for treatment due to the danger that this category of citizens poses to society.

If the degree of sanity of a person cannot be determined, compulsory treatment cannot be prescribed.

Aspects of exemptions from punishment due to illness of military personnel

Citizens who have committed criminal acts while performing compulsory or contract military service may also be exempt from punishment due to serious illness. However, in this case there are certain peculiarities.

A serviceman may be released from criminal liability for health reasons only in cases where he fell ill in prison after a court sentence. The illness of the military person who committed the crime must be documented and included in the list of diseases provided by law as grounds for early release or the imposition of a less severe punishment for the remainder of the term.

The illness of the military person who committed the crime must be documented

Important! An official medical document confirming the disease, together with the serviceman’s personal file, is attached to the petition, which is sent to the court. If the court makes a positive decision, the convicted person is not only released from further serving his sentence, but also from military service.

Problems of exemption from punishment due to illness

The grounds for release from punishment or serving a prison term due to serious illness or mental disorders are provided for in Article 81 of the Criminal Code of the Russian Federation. However, these provisions are not binding on the judiciary. Based on the wording, the article is advisory in nature. The court may release the accused from punishment or further serving the term of a criminal sentenced to imprisonment due to a discovered illness, but is not obliged to do so.

The court, at its own discretion, decides to apply Article 81 of the Criminal Code. However, it does not indicate actions in relation to persons who were sick at the time they committed the crime.

Important! Thus, it is understood that the court must determine the punishment, and criminals are always subject to conviction.

The court is not obliged to take into account Article 81 of the Criminal Code of the Russian Federation, although it is advisory in nature

The most vulnerable point in the practice of applying sick leave is the subjectivity of the medical report on the health status of prisoners or persons accused of committing a crime. In the absence of obvious external signs of certain diseases, a criminal can skillfully feign symptoms of diseases. In addition, there is a possibility of possible bribery of doctors in order to obtain the desired diagnosis.

Performing such actions allows attackers to avoid deserved punishment. To avoid such cases, the competent authorities may require a second independent examination.

Important! In addition, persons released from punishment must be under constant medical supervision and undergo regular medical examinations throughout the statute of limitations for the crime committed.

Medical examinations must be carried out regularly: in judicial practice there are cases where the accused simply feigned symptoms of the disease

The most common practice is for criminals to feign mental illness and insanity, which cannot be confirmed by objective laboratory data. It is enough to study well and exactly repeat the behavior patterns of mentally ill people in order to achieve the replacement of imprisonment or time in a colony with compulsory treatment in less strict conditions of a psychiatric hospital. However, if simulation is subsequently identified by qualified psychiatrists, the offender will be transferred to a correctional facility determined by the court for the period specified by the sentence.

The main problems with the application of Article 81 of the Criminal Code of the Russian Federation arise for lawyers when releasing patients serving sentences in prisons and other penitentiary institutions. As practice shows, the administration of correctional labor institutions rarely takes such a step. The doctors of the penitentiary system, who conduct an appropriate examination of the patient, are also reluctant to give the necessary conclusions about the state of health of the prisoner.

Important! Typically, the leadership of prisons and colonies do not interfere with early release due to illness only in exceptional cases, in the last, pre-mortem stages of illness in order to reduce mortality rates.

The management of prisons and colonies does not particularly “like” it when prisoners are released from custody due to illness

It is difficult for an ordinary person to understand the logic of such actions, since there is no practical benefit in keeping a seriously ill prisoner. Most likely, this is explained by the conservatism of the punitive system, the main principles of which are mandatory retribution and the irreversibility of punishment for crimes committed. In addition, such cases can serve as an edification to persons prone to crime. Prosecutors are often guided by similar ideas about justice, presenting sick convicts who want to be released early in an extremely unfavorable light before the court.

Important! Typically, representatives of the prosecutor's office refer to the gravity of the crime, disciplinary sanctions during the period of imprisonment, and the potential threat to society if the offender is released early.

When making a decision to release a convicted person due to serious illness, in addition to Article 81 of the Criminal Code, one must also be guided by the Resolution of the Plenum of the Supreme Court, adopted on April 21, 2009. This document provides explanations about the conditions for early release, replacement of the remaining part of the term with less severe forms of punishment.

When deciding to release a prisoner, you must rely on certain legislative acts

At the same time, the presence of serious illnesses on the part of the convicted person included in the relevant list of government regulations is of decisive importance when considering a petition for his release. However, the Ruling states that the court must also take into account other relevant circumstances.

By these circumstances, many judges mean the severity of the crime, the degree of repentance for the deed, behavior in places of deprivation of liberty, the remaining term of the sentence, characteristics of the convicted person from the administration of the correctional institution, whether he has relatives who can take care of the patient.

Everything about criminal cases

Url Additional information:

- paragraph 24

Plenum No. 8, other circumstances (except illness) are also taken into account

- in paragraph 24

Plenum No. 8 contains a mention that the court may also take into account certain “other” circumstances.

You can use any positive information you have to argue (compensation for harm, admission of guilt, etc.). Study the list of all

extenuating circumstances, you can use any of them.

Quote (Nizhny Novgorod Regional Court, Generalization of judicial practice for 2013):

«The release of a convicted person from punishment due to a serious illness does not directly depend on:

- the gravity of the crime committed,

- the duration of the imposed punishment,

- the amount of the unserved part of the punishment.

However, when deciding on his release, it is necessary to take into account:

— data characterizing the individual,

- degree of correction,

- his criminal history and orientation, since not every serious illness can, in all cases without exception, neutralize the socially negative personality traits of the convicted person to a level that is absolutely safe for society. Moreover, the presence of a serious illness in the relatively normal physical condition of the released person, based on the formed hostile attitude towards society, can push him to commit new crimes.

Therefore, release from punishment due to illness can only be in cases where, among other things, there are grounds to believe that the person released will not commit a new crime

«.

TOTAL:

— the position of the courts (and above all the Supreme Court) suggests that when deciding on release due to illness, in addition to the main condition (the fact of the presence of illness), any negative and positive information about the convicted person must be taken into account.

Intentionality of ill health

— a separate question: does the court check whether the deterioration in health was provoked for the purpose of release?

— previously there was a provision that if a convicted person’s illness occurred as a result of his deliberate actions (for example, self-harm) with a view to subsequent release, he was not subject to release from serving his sentence due to illness. But November 17, 2015 N 51 paragraph in paragraph 24

Plenum No. 8 (which contained this ban) was excluded.

- however, a similar circumstance for the defense

is not at all necessary, the court can take it into account as one of the “information characterizing a person”

Suspicion must be avoided

- but when preparing for a court hearing, it is necessary to think about how to avoid suspicion of deliberately creating conditions for the exacerbation of the disease with a view to subsequent release.

— there should be no information about treatment evasion.

- if there are facts of evasion, it is necessary to prepare a version (explain to the court the motives for evasion).