1. A pregnant woman, a woman who has a child under the age of fourteen, a man who has a child under the age of fourteen and is the only parent, except for persons who have been sentenced to restriction of freedom, imprisonment for crimes against the sexual integrity of minors, shall not those who have reached the age of fourteen, imprisonment for a term of over five years for grave and especially grave crimes against the person, imprisonment for crimes provided for in articles 205, 205.1, 205.2, 205.3, 205.4 and 205.5, parts three and four of article 206, part four of article 211 , Article 361 of this Code, and crimes associated with the implementation of terrorist activities, provided for in Articles 277, 278, 279 and 360 of this Code, the court may defer the actual serving of the sentence until the child reaches the age of fourteen.
2. If the convicted person, specified in part one of this article, has abandoned the child or continues to evade the responsibilities of raising the child after a warning announced by the body exercising control over the behavior of the convicted person, in respect of whom the serving of the sentence is suspended, the court may, upon the recommendation of this authority to cancel the deferment of serving the sentence and send the convicted person to serve the sentence to the place appointed in accordance with the court verdict.
3. When the child reaches the age of fourteen, the court releases the convicted person specified in part one of this article from serving the sentence or the remaining part of the sentence with the removal of the criminal record or replaces the remaining part of the punishment with a more lenient type of punishment.
4. If before the child reaches the age of fourteen, a period equal to the term of the sentence, the serving of which was suspended, has expired, and the body exercising control over the behavior of the convicted person, in respect of whom the serving of the sentence was suspended, has come to the conclusion that the convicted person has complied with the provisions specified in part one of this article, conditions of deferment and its correction, the court, upon the proposal of this body, may decide to reduce the period of deferment of serving the sentence and to release the convicted person from serving the sentence or the remaining part of the sentence with the criminal record expunged.
5. If, during the period of deferment of serving the sentence, the convicted person specified in part one of this article commits a new crime, the court imposes a punishment on him according to the rules provided for in the article of this Code.
- Article 81. Exemption from punishment due to illness
- Article 82.1. Deferment of serving sentences for drug addicts
Who can be granted a deferment?
The court grants a deferment in accordance with Art. 82 and 82.1 of the Criminal Code (Criminal Code) of the Russian Federation only to persons who :
- committed a crime;
- found guilty of this crime;
- convicted under the relevant article of the Criminal Code of the Russian Federation;
- must serve a sentence in accordance with the gravity of the crime committed;
- filed a petition for a deferment during the court hearing or while serving the term.
According to Article 82 of the Criminal Code of the Russian Federation
This measure does not apply to persons convicted of the following::
- terrorist activities;
- hostage taking;
- hijacking of an aircraft, water or rail transport;
- attempt on the life of a government or socially significant person;
- seizing or maintaining power through violence;
- riot with weapons;
- attacks on institutions enjoying international security guarantees and their personnel;
- grave and especially grave crimes;
- crimes in accordance with Ch. 18 of the Criminal Code of the Russian Federation.
In other cases, when the sentence is not more than 5 years, a deferment may be granted:
- pregnant woman;
- a woman with a child under 14 years of age;
- a man with a child under 14 years of age, if he is the only parent.
In such cases, the suspension of the actual serving of the sentence is carried out by the court until the child turns 14 years old.
However, if the above persons:
- declared abandonment of the newborn baby;
- avoid taking care of raising a child;
- do not create conditions for its full development;
- do not have comfortable housing,
then the judge, upon the recommendation of the penal inspection, is obliged to cancel the deferment and must send the convicted person to serve the actual sentence.
Amnesty in Russia in 2020
According to Article 82.1 of the Criminal Code of the Russian Federation
This type applies to persons:
- having drug addiction;
- recognized as drug addicts;
- for the first time convicted under Part 1 of Art. 228 and 231, 233 of the Criminal Code of the Russian Federation;
- who have expressed a voluntary desire to receive treatment for drug addiction;
- undergo medical and social rehabilitation after drug addiction treatment.
If citizens recognized by a medical commission as drug addicts:
- refuse treatment in a specialized drug treatment facility;
- cannot undergo medical and social rehabilitation for 2 years;
- evade treatment and subsequent rehabilitation after a warning issued by the criminal executive inspection (CII),
then the court, at the request of the Penitentiary Inspectorate, cancels the decision to defer and sends these convicts to serve their actual sentence in prison.
Briefly about the main thing
A deferment of serving a sentence is granted to a convicted person only by the court. No other government bodies have this right.
A deferment of serving a sentence can be applied to the guilty person at the time of sentencing, as well as to the convicted person while serving his sentence in a colony.
According to the norms of the current criminal legislation, a deferment can be applied not only to women expecting a child, or to convicted women who already have children, but also to drug addicts.
It is also necessary to point out that granting a deferment of the actual serving of a sentence is only a right, but not an obligation of the court. This needs to be clearly understood.
Terms of service
The possibility of establishing temporary release from serving a sentence is a right that the court can use if the convicted person submits a petition to the court for its appointment. The application shall indicate:
- the name of the court where it is filed;
- surname, name, patronymic of the convicted person;
- article of the Criminal Code of the Russian Federation under which the citizen was convicted;
- term;
- place of serving the sentence;
- circumstances indicating the possibility of granting a deferment.
The application must be accompanied by documents confirming all the circumstances specified in the application.
Specific cases providing for this possibility are:
- A convicted woman files a petition in court due to her pregnancy. It is accompanied by a certificate of pregnancy, characteristics of the correctional institution, and a certificate of housing availability.
- A convicted woman submits a petition to the court due to the presence of a child under 14 years of age. Attached to it: a copy of the child’s birth certificate. characteristics of the correctional institution where the woman is serving her sentence, a certificate of the availability of housing where all conditions have been created for the minor to live.
- A convicted man files a petition in court due to the presence of a child under 14 years of age. Documents are attached to it: copies of the child’s birth certificate and the wife’s death certificate, data of close relatives looking after the child, a certificate of the availability of housing where there are conditions for the child to live, characteristics of the correctional institution where the convicted person is serving his sentence.
- A citizen or woman convicted for the first time under Part 1 of Art. 228 and 231, 233 of the Criminal Code of the Russian Federation, file a petition with the court in connection with the establishment of the fact of drug addiction. Attached to it are: a document confirming the fact of a medical examination and the diagnosis of the disease - “drug addiction”, a certificate of registration with the penal inspection at the place of residence, a copy of the application for voluntary treatment in a specialized drug treatment institution, a contract for the provision of services, documents confirming the payment of the contract.
Since a reprieve is assigned only to a convicted person, it:
- can be applied after filing a petition based on the results of the court hearing after the announcement of the verdict (Part 3 of Article 308 of the Criminal Procedure Code (CPC) of the Russian Federation);
- may be assigned to a person serving a sentence in prison.
A special feature of the application of a deferment appointed by the court based on the results of the court hearing is the release of the convicted person from custody in the courtroom in accordance with Part 5 of Art. 311 Code of Criminal Procedure of the Russian Federation.
What administrative measures are provided for drunk drivers in 2021
Actions of a convicted person who has been given a reprieve
Within three days after arriving at his place of residence, a convicted person who has received a deferment from actually serving his sentence must appear before the authority that will monitor his behavior. If a person does not do this, then the executive inspection puts him on the wanted list. If the convicted person does not want to go back to places of isolation from people, then he is obliged to comply with the conditions of the law.
Nuances for deferment for pregnant women
A deferment of serving a sentence is provided to pregnant women only so that they can bear and give birth to a healthy and full-fledged child in normal conditions, and not in a prison hospital. Of course, the term of imprisonment of the convicted person, the characteristics of her personality, and living conditions in freedom play a special role in this case.
Once again I would like to say that the judicial body is not obliged to grant a reprieve to those convicted, but has the right to do so. Therefore, it is not a fact that a woman sentenced to several years for a crime of moderate gravity will be released from prison. This is especially true for those places of detention in which there are conditions for keeping children after their birth.
In addition, in many correctional institutions there is a practice that the husband of the guilty woman or her close relatives, for example, parents, take the born baby. In special cases, the child may be transferred to an orphanage, and the woman will remain to serve her sentence. Basically, this measure is applied to those sentenced to long terms, as well as to those who constantly violate discipline in correctional institutions.
If the convicted person has a positive character in the colony, works diligently, and her sentence is no more than five years, she has the right to request that her sentence be deferred until her child turns 14 years old.
Review procedure and deadlines
The court must consider the petition within 10 days, but in practice this period may be delayed. If the decision is positive, the citizen must be immediately released from the correctional facility if he is being held there.
A refusal can be obtained if a person does not inspire confidence in the court as a parent for children (no job or home, has bad habits).
What happens in case of refusal
The citizen has only 10 days to appeal the court’s decision to deny a deferment of sentence to higher authorities. The period is counted from the moment this document is received in hand.
However, it is recommended to do this in cases where you have grounds for obtaining a deferment, otherwise, most likely, your appeal will be rejected.
How to get a deferment
To do this, you need to file a petition, and the decision is made by the court. Before this, the regulatory authorities also find out whether there are the necessary conditions for raising a child: the availability of work, housing, etc. is checked.
If a citizen is already in a correctional institution, then its administration is obliged to check all the above information within 10 days. Next, the petition itself is sent to the court with a description of the citizen, as well as all documents regarding the established information about his work and place of residence.
If the decision is positive, the citizen is released, but within 3 days he must appear at the penal inspection, where a conversation is held with him explaining his responsibilities for fulfilling the conditions of the deferment. Then he will be monitored.
Structure and sample of an application
This document is prepared like all regular applications. In the upper right corner the name and address of the court where the paper is submitted, and all information regarding the citizen himself is indicated. In the middle is the title of the document.
Next, you need to describe for what offense the punishment was imposed and in what amount. Then you need to indicate for what reason the deferment is required (if due to the presence of children, then be sure to write how old they are and whether there are conditions for their maintenance).
In the application you need to list the attached documents, and at the end - put your signature and date of preparation.
When a single mother or father is not given a reprieve
A deferment of serving a sentence for women who have children can only be granted in a situation where the youngest child is not yet 14 years old. Otherwise, this legislative norm does not apply to convicted persons.
In addition, if a woman officially abandoned the child in the maternity hospital or simply does not raise him and leads an asocial lifestyle, then the deferment should be canceled by the court, and the criminal will be sent to serve her sentence in a colony.
If a convicted person whose sentence has been deferred taking into account the norms of stat. 82 of the Criminal Code, commits a new act during the period of deferment, the court assigns him another term for the crime. In this case, obtaining an indulgence is highly doubtful.
If a man who has a child is convicted
Based on the norms of the Criminal Code, a deferment of serving a sentence can be granted even to representatives of the stronger half of humanity who are fathers. This applies to men only in certain cases. For example, as already mentioned, if the convicted person is the only parent of a minor child who is not yet 14 years old.
A deferment of serving a sentence for convicted men is granted only if the crime does not fall into the category of grave or very grave crimes, and the term of imprisonment is no more than five years.
In this situation, the personality characteristics of the man himself are also important, what kind of father he was when he still led a law-abiding lifestyle. It is possible that the court, when deciding on the issue of granting a reprieve to a convicted person who is the only parent of a child, will request certificates from his place of residence from local authorities. In certain cases, testimony from witnesses, such as neighbors, is required.
Concept and features
Deferment is understood as a measure in which the state temporarily refuses to apply punishment due to circumstances determined by law. This could be a temporary state refusal. structures from using the measure, and the complete release of a person from it in cases where no illegal actions were noticed in his behavior.
The purpose of this measure is determined by humanism, expressed in providing the child with normal living conditions and growing up, but taking into account the necessary influence on the citizen for his correction.
