19. In the Decision of March 1, 2012 N 274-O-O, the Constitutional Court revealed the meaning of the normative provisions of the first part of Article 175 of the Criminal Executive Code of the Russian Federation.
The applicant contested the provision according to which the petition of the convicted person, as well as his lawyer (legal representative) for parole from serving the sentence, must contain information indicating that for further correction the convicted person does not need to fully serve the sentence imposed by the court, since during the period of serving the sentence, he partially or completely compensated for the damage caused or otherwise made amends for the damage caused as a result of the crime, repented of the committed act, and other information may also be contained that testifies to the correction of the convicted person.
3. The issue of ensuring the right of every person convicted of a crime to ask for a mitigation of the punishment imposed on him, enshrined in Article 50 (Part 3) of the Constitution of the Russian Federation, was previously considered by the Constitutional Court of the Russian Federation. In the Resolution of November 26, 2002 on the case on the verification of the constitutionality of the provisions of Articles 77.1, 77.2, parts of the first and tenth Article 175 of the CEC of the Russian Federation and Article 363 of the Code of Criminal Procedure of the RSFSR, the Constitutional Court of the Russian Federation indicated that this right, being a direct expression of the constitutional principles of respect for the dignity of the individual , humanism, justice, legality in the field of criminal law relations, guarantees each convicted person, regardless of the nature of the crime for which he was convicted, the punishment imposed and the conditions for its execution, the opportunity to seek mitigation of his fate up to the complete removal of all restrictions on rights and freedoms , which are established for him on the basis of the law by the conviction of the court.
(as amended by Federal Law of 01.12.2012 N 208-FZ)
1. A convicted person to whom parole may be applied, as well as his lawyer (legal representative), shall have the right to apply to the court for parole from serving his sentence. The petition must contain information indicating that for further correction the convicted person does not need to fully serve the sentence imposed by the court, since during the period of serving the sentence he compensated for the harm (in whole or in part) caused by the crime, repented of the act committed, and may also be held other information testifying to the correction of the convicted person. The convicted person shall submit a petition for parole from serving a sentence through the administration of the institution or body executing the sentence, in which the convicted person is serving his sentence in accordance with Article 81 of this Code.
(as amended by Federal Laws of 08.12.2003 N 161-FZ, of 28.12.2013 N 432-FZ, of 05.05.2014 N 104-FZ)
2. The administration of the institution executing the sentence in which the convicted person is serving a sentence in accordance with Article 81 of this Code, no later than 15 days after the submission of the convicted person's petition for parole from serving the sentence, shall forward the said petition to the court along with a description of the convicted person. The description should contain data on the convict's behavior, his attitude to study and work during the entire period of serving the sentence, on the convicted person's attitude to the committed act, on compensation for harm caused by the crime, as well as the administration's conclusion on the advisability of parole. The characterization of a person who has been convicted of committing a crime against the sexual inviolability of a minor under the age of fourteen years of age over the age of 18 and recognized on the basis of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, must also contain data about the compulsory medical measures applied to him, about his attitude to treatment. Simultaneously with the petition of such a convicted person for parole from serving the sentence, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(as amended by Federal Laws of 08.12.2003 N 161-FZ, of 29.02.2012 N 14-FZ, of 28.12.2013 N 432-FZ, of 05.05.2014 N 104-FZ, of 30.03.2015 N 62-FZ )
3. A convicted person for whom the unserved part of the punishment can be replaced by a milder type of punishment, as well as his lawyer (legal representative), has the right to apply to the court with a petition to replace the unserved part of the punishment with a milder type of punishment. The convicted person shall submit a petition to replace the unserved part of the punishment with a milder type of punishment through the administration of the institution or body executing the punishment in which he is serving his sentence in accordance with Article 81 of this Code. The administration of such an institution or body, no later than 10 days after the submission of the convicted person's petition to replace the unserved part of the punishment with a milder type of punishment, shall forward the said petition to the court along with a description of the convicted person. The description must contain data on the behavior of the convict, his attitude to study and work during the entire period of serving the sentence, the attitude of the convicted person to the committed act and that the convicted person has partially or fully compensated for the damage caused or otherwise made amends for the damage caused as a result of the crime. ... The characterization of a person who, on the basis of the conclusion of a forensic psychiatric examination, is recognized as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, and who has been convicted of committing a crime against the sexual integrity of a minor under the age of fourteen at the age of 18 years. data on compulsory medical measures applied to the convict, on his attitude to treatment. Simultaneously with the petition of such a convicted person, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(as amended by Federal Laws of 05.05.2014 N 104-FZ, of 30.03.2015 N 62-FZ)
3.1. The administration of the institution executing the sentence in which the convicted person is serving a sentence in accordance with Article 81 of this Code, in accordance with part four of Article 113 of this Code, submits to the court a submission to replace the unserved part of the sentence with a milder type of punishment in relation to a positively characterized convict. The submission on replacing the unserved part of the punishment with a milder type of punishment must contain data on the behavior of the convict, his attitude to study and work during the entire period of serving the sentence, on the attitude of the convicted person to the committed act and that the convicted person compensated for the harm (in whole or in part) caused by a crime. In the submission to replace the unserved part of the punishment with a more lenient type of punishment on a person who was convicted of committing a crime against the sexual integrity of a minor under the age of fourteen years of age over the age of 18, and recognized on the basis of the conclusion of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia) , not excluding sanity, must also contain data on the compulsory medical measures applied to him, on his attitude to treatment. Simultaneously with the presentation of such a convicted person, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(Part 3.1 was introduced by Federal Law of 01.12.2012 N 208-FZ, as revised by Federal Laws of 28.12.2013 N 432-FZ, of 05.05.2014 N 104-FZ, of 30.03.2015 N 62-FZ)
4. The procedure for applying the amnesty is determined by the body that issued the amnesty act.
5. A convict who has developed a mental disorder that prevents him from serving his sentence, or his legal representative, has the right to apply to the court to release the convicted person from further serving his sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. A petition for release from further serving a sentence in connection with the onset of a mental disorder shall be submitted by a convicted person or his legal representative through the administration of the institution or body executing the sentence. If it is impossible for the convicted person or his legal representative to independently apply to the court, a submission to release the convicted person from further serving the sentence in connection with the onset of a mental disorder shall be submitted to the court by the head of the institution or body executing the sentence. Simultaneously with the said petition or presentation, the conclusion of the medical commission and the personal file of the convicted person are sent to the court.
(Part five as amended by Federal Law dated 09.01.2006 N 12-FZ)
6. A convicted person who has fallen ill with another serious illness that interferes with serving his sentence has the right to apply to the court with a petition to release him from further serving his sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. The convict shall submit a petition for release from further serving the sentence in connection with a serious illness through the administration of the institution or body executing the sentence. If it is impossible for the convicted person to apply to the court independently, a submission to release the convicted person from further serving the sentence due to a serious illness shall be submitted to the court by the head of the institution or body executing the sentence. Simultaneously with the said petition or presentation, the conclusion of the medical commission or the institution of medical and social examination and the personal file of the convict are sent to the court.
(as amended by Federal Laws dated 09.01.2006 N 12-FZ, dated 27.12.2018 N 547-FZ)
7. In cases where a person sentenced to compulsory labor or correctional labor is recognized as a disabled person of the first group, and a person sentenced to forced labor is recognized as a disabled person of the first or second group, he or she has the right to apply to the court for early release from further punishment.
8. The list of diseases that impede the serving of the sentence, the procedure for sending for a medical examination of convicts applying for release (submitted for release) from serving a sentence in connection with illness, and the procedure for medical examination of convicts applying for release (submitted for release) from serving a sentence in connection with the disease, approved by the Government of the Russian Federation.
(Part 8 as amended by Federal Law of 27.12.2018 N 547-FZ)
9. In the event of pregnancy, a woman sentenced to compulsory labor, correctional labor, forced labor has the right to apply to the court with a petition to postpone her sentence from the date of maternity leave.
(as amended by Federal Laws of 09.01.2006 N 12-FZ, of 27.12.2009 N 377-FZ, of 07.12.2011 N 420-FZ)
10. In the event the court refuses to parole from serving the sentence or replace the unserved part of the sentence with a milder type of punishment, the re-submission of the relevant petition or presentation to the court may take place no earlier than six months from the date of the court's decision to refuse. If the court refuses to release the person sentenced to life imprisonment on parole, the petition may be reapplied no earlier than three years after the date of the refusal by the court.
(Part ten as amended by Federal Law dated 08.12.2003 N 161-FZ)
10. Excluded. - Federal Law of 09.03.2001 N 25-FZ.
11. The refusal of the court in parole from serving the sentence does not preclude the submission to the court of a submission to replace the unserved part of the sentence with a milder type of punishment.
(Part eleven as amended by Federal Law of 08.12.2003 N 161-FZ)
12. Those who have been released on parole and sentenced to restraint of liberty or forced labor in order to replace the unserved part of the punishment with a milder type of punishment, if they were sent to correctional institutions, correctional centers in cases provided for by law, may again apply for parole. release from serving a sentence or be presented to replace the unserved part of the sentence with a milder type of punishment no earlier than one year from the date of the decision to cancel parole or to replace the milder type of punishment with imprisonment.
(as amended by Federal Laws of 08.12.2003 N 161-FZ, of 07.12.2011 N 420-FZ)
- Chapter 10. PROCEDURE AND CONDITIONS FOR PERFORMANCE OF PUNISHMENT IN THE FORM OF ARREST
- Chapter 11. GENERAL PROVISIONS OF EXECUTION OF PUNISHMENT IN THE FORM OF DETENTION OF FREEDOM
- Chapter 12. REGIME IN CORRECTIVE INSTITUTIONS AND MEANS OF ITS SUPPORT
- Chapter 13. CONDITIONS OF SERVING PUNISHMENT IN CORRECTIONAL INSTITUTIONS
- Chapter 14. LABOR, PROFESSIONAL EDUCATION AND PROFESSIONAL TRAINING OF CONSENTED TO DEPRIVAL OF FREEDOM (as amended by Federal Law of 02.07.2013 N 185-FZ)
- Chapter 15. EDUCATIONAL IMPACT ON PRISONERS
- Chapter 16. EXECUTION OF PUNISHMENT IN THE FORM OF DETENTION OF FREEDOM IN CORRECTIVE INSTITUTIONS OF DIFFERENT KINDS
- Chapter 17. SPECIFIC FEATURES OF PERFORMANCE OF PUNISHMENT IN THE FORM OF DETENTION OF FREEDOM IN EDUCATIONAL COLONIES
- Chapter 18. EXECUTION OF PUNISHMENT IN THE FORM OF RESTRICTIONS ON MILITARY SERVICE
- Chapter 19. EXECUTION OF PUNISHMENT IN THE FORM OF ARREST IN RESPECT OF CONSIDERED MILITARY SERVICES
- Chapter 20. EXECUTION OF PUNISHMENT IN THE FORM OF DETENTION IN THE DISCIPLINARY MILITARY UNIT
- Chapter 21. EXEMPTION FROM SERVING PUNISHMENT
- Chapter 22. HELP AND CONTROL OF CONVICTED, RELEASED FROM SERVING PUNISHMENT
- Chapter 23. EXECUTION OF PUNISHMENT IN THE FORM OF THE DEATH PENALTY
- Chapter 24. EXERCISE OF CONTROL OVER THE BEHAVIOR OF CONDITIONALLY CONSUMED
Article 175 of the Criminal Code of the Russian Federation. The procedure for filing a petition and sending a submission for release from serving a sentence or for replacing the unserved part of a sentence with a softer type of punishment
// = ShareLine :: widget ()?>(as amended by Federal Law of 01.12.2012 N 208-FZ)
1. A convicted person to whom parole may be applied, as well as his lawyer (legal representative), shall have the right to apply to the court for parole from serving his sentence. The petition must contain information indicating that for further correction the convicted person does not need to fully serve the sentence imposed by the court, since during the period of serving the sentence he compensated for the damage (in whole or in part) caused by the crime, repented of the act committed, and may also be held other information testifying to the correction of the convicted person. The convicted person shall submit a petition for parole from serving a sentence through the administration of the institution or body executing the sentence, in which the convicted person is serving his sentence in accordance with article 81 of this Code.
(as amended by Federal Laws of 08.12.2003 N 161-FZ, of 28.12.2013 N 432-FZ, of 05.05.2014 N 104-FZ)
2. The administration of the institution executing the sentence in which the convicted person is serving his sentence in accordance with article 81 of this Code, no later than 15 days after the submission of a petition by the convicted person for parole from serving the sentence, send the said petition to the court along with a description of the convicted person. The description should contain data on the convict's behavior, his attitude to study and work during the entire period of serving the sentence, on the convict's attitude to the committed act, on compensation for harm caused by the crime, as well as the administration's conclusion on the advisability of parole. The characterization of a person who has been convicted of committing a crime against the sexual inviolability of a minor under the age of fourteen years of age over the age of 18 and recognized on the basis of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, must also contain data about the compulsory medical measures applied to him, about his attitude to treatment. Simultaneously with the petition of such a convicted person for parole from serving the sentence, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(as amended by Federal Laws of 08.12.2003 N 161-FZ, of 29.02.2012 N 14-FZ, of 28.12.2013 N 432-FZ, of 05.05.2014 N 104-FZ, of 30.03.2015 N 62-FZ )
3. A convicted person for whom the unserved part of the punishment can be replaced by a milder type of punishment, as well as his lawyer (legal representative), has the right to apply to the court with a petition to replace the unserved part of the punishment with a milder type of punishment. The convicted person shall submit a petition to replace the unserved part of the punishment with a milder type of punishment through the administration of the institution or body executing the punishment, in which he is serving his sentence in accordance with article 81 of this Code. The administration of such an institution or body, no later than 10 days after the submission of the convicted person's petition to replace the unserved part of the punishment with a milder type of punishment, shall forward the said petition to the court along with a description of the convicted person. The description must contain data on the behavior of the convict, his attitude to study and work during the entire period of serving the sentence, the attitude of the convicted person to the committed act and that the convicted person has partially or fully compensated for the damage caused or otherwise made amends for the damage caused as a result of the crime. ... The characterization of a person who, on the basis of the conclusion of a forensic psychiatric examination, is recognized as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, and who has been convicted of committing a crime against the sexual integrity of a minor under the age of fourteen at the age of 18 years. data on compulsory medical measures applied to the convict, on his attitude to treatment. Simultaneously with the petition of such a convicted person, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(as amended by Federal Laws dated 05.05.2014 N 104-FZ, dated 30.03.2015 N 62-FZ)
3.1. The administration of the institution executing the sentence in which the convicted person is serving his sentence in accordance with article 81 of this Code, in accordance with part four of article 113 of this Code submits to the court a submission to replace the unserved part of the punishment with a milder type of punishment in relation to a positively characterized convict. The submission on replacing the unserved part of the punishment with a milder type of punishment must contain data on the behavior of the convict, his attitude to study and work during the entire period of serving the sentence, on the attitude of the convicted person to the committed act and that the convicted person compensated for the harm (in whole or in part) caused by a crime. In the submission to replace the unserved part of the punishment with a more lenient type of punishment on a person who was convicted of committing a crime against the sexual integrity of a minor under the age of fourteen years of age over the age of 18, and recognized on the basis of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia) , not excluding sanity, must also contain data on the applied to it enforcement measures medical nature, about his attitude to treatment. Simultaneously with the presentation of such a convicted person, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(Part 3.1 was introduced by Federal Law of 01.12.2012 N 208-FZ, as revised by Federal Laws of 28.12.2013 N 432-FZ, of 05.05.2014 N 104-FZ, of 30.03.2015 N 62-FZ)
4. The procedure for applying the amnesty is determined by the body that issued the amnesty act.
5. A convict who has developed a mental disorder that prevents him from serving his sentence, or his legal representative, has the right to apply to the court to release the convicted person from further serving his sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. A petition for release from further serving a sentence in connection with the onset of a mental disorder shall be submitted by a convicted person or his legal representative through the administration of the institution or body executing the sentence. If it is impossible for the convicted person or his legal representative to independently apply to the court, a submission to release the convicted person from further serving the sentence in connection with the onset of a mental disorder shall be submitted to the court by the head of the institution or body executing the sentence. Simultaneously with the said petition or presentation, the conclusion of the medical commission and the personal file of the convicted person are sent to the court.
(Part five as amended by Federal Law dated 09.01.2006 N 12-FZ)
6. A convicted person who has fallen ill with another serious illness that interferes with serving his sentence has the right to apply to the court with a petition to release him from further serving his sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. The convict shall submit a petition for release from further serving the sentence in connection with a serious illness through the administration of the institution or body executing the sentence. If it is impossible for the convicted person to apply to the court independently, a submission to release the convicted person from further serving the sentence due to a serious illness shall be submitted to the court by the head of the institution or body executing the sentence. Simultaneously with the said petition or presentation, the conclusion of the medical commission or the institution of medical and social examination and the personal file of the convict are sent to the court.
the procedure for medical examination of convicts applying for release (submitted for release) from serving a sentence in connection with illness is approved by the Government of the Russian Federation.
(Part 8 as amended by Federal Law of 27.12.2018 N 547-FZ)
9. In the event of pregnancy, a woman sentenced to compulsory labor, correctional labor, forced labor has the right to apply to the court with a petition to postpone her sentence from the date of maternity leave.
(as amended by Federal Laws dated 09.01.2006 N 12-FZ, dated 27.12.2009 N 377-FZ, dated 07.12.2011 N 420-FZ)
10. In the event the court refuses to parole from serving the sentence or replace the unserved part of the sentence with a milder type of punishment, the re-submission of the relevant petition or presentation to the court may take place no earlier than six months from the date of the court's decision to refuse. If the court refuses to release the person sentenced to life imprisonment on parole, the petition may be reapplied no earlier than three years after the date of the refusal by the court.
(Part ten as amended by Federal Law of 08.12.2003 N 161-FZ)
10. Excluded. - Federal Law of 09.03.2001 N 25-FZ.
11. The refusal of the court in parole from serving the sentence does not preclude the submission to the court of a submission to replace the unserved part of the sentence with a milder type of punishment.
(Part eleven as amended by Federal Law of 08.12.2003 N 161-FZ)
12. Those who have been released on parole and sentenced to restraint of liberty or forced labor in order to replace the unserved part of the punishment with a milder type of punishment, if they were sent to correctional institutions, correctional centers in cases provided for by law, may again apply for parole. release from serving a sentence or be presented to replace the unserved part of the sentence with a milder type of punishment no earlier than one year from the date of the decision to cancel parole or to replace the milder type of punishment with imprisonment.
PEC RF Article 175. The procedure for filing a petition and sending a presentation on release from serving a sentence or on replacing the unserved part of a sentence with a softer type of punishment
1. A convicted person to whom parole may be applied, as well as his lawyer (legal representative), shall have the right to apply to the court for parole from serving his sentence. The petition must contain information indicating that for further correction the convicted person does not need to fully serve the sentence imposed by the court, since during the period of serving the sentence he compensated for the damage (in whole or in part) caused by the crime, repented of the act committed, and may also be held other information testifying to the correction of the convicted person. The convicted person shall submit a petition for parole from serving a sentence through the administration of the institution or body executing the sentence, in which the convicted person is serving his sentence in accordance with Article 81 of this Code.
(see text in previous edition)
2. The administration of the institution executing the sentence in which the convicted person is serving a sentence in accordance with Article 81 of this Code, no later than 15 days after the submission of the convicted person's petition for parole from serving the sentence, shall forward the said petition to the court along with a description of the convicted person. The description should contain data on the convict's behavior, his attitude to study and work during the entire period of serving the sentence, on the convict's attitude to the committed act, on compensation for harm caused by the crime, as well as the administration's conclusion on the advisability of parole. The characterization of a person who has been convicted of committing a crime against the sexual inviolability of a minor under the age of fourteen years of age over the age of 18 and recognized on the basis of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, must also contain data about the compulsory medical measures applied to him, about his attitude to treatment. Simultaneously with the petition of such a convicted person for parole from serving the sentence, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(see text in previous edition)
3. A convicted person for whom the unserved part of the punishment can be replaced by a milder type of punishment, as well as his lawyer (legal representative), has the right to apply to the court with a petition to replace the unserved part of the punishment with a milder type of punishment. The convicted person shall submit a petition to replace the unserved part of the punishment with a milder type of punishment through the administration of the institution or body executing the punishment in which he is serving his sentence in accordance with Article 81 of this Code. The administration of such an institution or body, no later than 10 days after the submission of the convicted person's petition to replace the unserved part of the punishment with a milder type of punishment, shall forward the said petition to the court along with a description of the convicted person. The description must contain data on the behavior of the convict, his attitude to study and work during the entire period of serving the sentence, the attitude of the convicted person to the committed act and that the convicted person has partially or fully compensated for the damage caused or otherwise made amends for the damage caused as a result of the crime. ... The characterization of a person who, on the basis of the conclusion of a forensic psychiatric examination, is recognized as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, and who has been convicted of committing a crime against the sexual integrity of a minor under the age of fourteen at the age of 18 years. data on compulsory medical measures applied to the convict, on his attitude to treatment. Simultaneously with the petition of such a convicted person, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(see text in previous edition)
3.1. The administration of the institution executing the sentence in which the convicted person is serving a sentence in accordance with Article 81 of this Code, in accordance with part four of Article 113 of this Code, submits to the court a submission to replace the unserved part of the sentence with a milder type of punishment in relation to a positively characterized convict. The submission on replacing the unserved part of the punishment with a milder type of punishment must contain data on the behavior of the convict, his attitude to study and work during the entire period of serving the sentence, on the attitude of the convicted person to the committed act and that the convicted person compensated for the harm (in whole or in part) caused by a crime. In the submission to replace the unserved part of the punishment with a more lenient type of punishment on a person who was convicted of committing a crime against the sexual integrity of a minor under the age of fourteen years of age over the age of 18, and recognized on the basis of the conclusion of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia) , not excluding sanity, must also contain data on the compulsory medical measures applied to him, on his attitude to treatment. Simultaneously with the presentation of such a convicted person, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
(see text in previous edition)
4. The procedure for applying the amnesty is determined by the body that issued the amnesty act.
5. A convict who has developed a mental disorder that prevents him from serving his sentence, or his legal representative, has the right to apply to the court to release the convicted person from further serving his sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. A petition for release from further serving a sentence in connection with the onset of a mental disorder shall be submitted by a convicted person or his legal representative through the administration of the institution or body executing the sentence. If it is impossible for the convicted person or his legal representative to independently apply to the court, a submission to release the convicted person from further serving the sentence in connection with the onset of a mental disorder shall be submitted to the court by the head of the institution or body executing the sentence. Simultaneously with the said petition or presentation, the conclusion of the medical commission and the personal file of the convicted person are sent to the court.
(see text in previous edition)
6. A convicted person who has fallen ill with another serious illness that interferes with serving his sentence has the right to apply to the court with a petition to release him from further serving his sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. The convict shall submit a petition for release from further serving the sentence in connection with a serious illness through the administration of the institution or body executing the sentence. If it is impossible for the convicted person to apply to the court independently, a submission to release the convicted person from further serving the sentence due to a serious illness shall be submitted to the court by the head of the institution or body executing the sentence. Simultaneously with the said petition or presentation, the conclusion of the medical commission or the institution of medical and social examination and the personal file of the convict are sent to the court.
(see text in previous edition)
7. In cases where a person sentenced to compulsory labor or correctional labor is recognized as a disabled person of the first group, and a person sentenced to forced labor is recognized as a disabled person of the first or second group, he or she has the right to apply to the court for early release from further punishment.
(see text in previous edition)
8. The list of diseases that impede the serving of the sentence, the procedure for sending for a medical examination convicts applying for release (submitted for release) from serving a sentence in connection with illness, and
Article 175. Procedure for filing a petition and sending a submission for release from serving a sentence or for replacing the unserved part of a sentence with a softer type of punishment
1. A convicted person to whom parole may be applied, as well as his lawyer (legal representative), shall have the right to apply to the court for parole from serving his sentence. The petition must contain information indicating that for further correction the convicted person does not need to fully serve the sentence imposed by the court, since during the period of serving the sentence he compensated for the harm (in whole or in part) caused by the crime, repented of the act committed, and may also be held other information testifying to the correction of the convicted person. The convicted person shall submit a petition for parole from serving a sentence through the administration of the institution or body executing the sentence, in which the convicted person is serving his sentence in accordance with Article 81 of this Code.
2. The administration of the institution executing the sentence in which the convicted person is serving a sentence in accordance with Article 81 of this Code, no later than 15 days after the submission of the convicted person's petition for parole from serving the sentence, shall forward the said petition to the court along with a description of the convicted person. The description should contain data on the convict's behavior, his attitude to study and work during the entire period of serving the sentence, on the convicted person's attitude to the committed act, on compensation for harm caused by the crime, as well as the administration's conclusion on the advisability of parole. The characterization of a person who has been convicted of committing a crime against the sexual inviolability of a minor under the age of fourteen years of age over the age of 18 and recognized on the basis of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, must also contain data about the compulsory medical measures applied to him, about his attitude to treatment. Simultaneously with the petition of such a convicted person for parole from serving the sentence, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
3. A convicted person for whom the unserved part of the punishment can be replaced by a milder type of punishment, as well as his lawyer (legal representative), has the right to apply to the court with a petition to replace the unserved part of the punishment with a milder type of punishment. The convicted person shall submit a petition to replace the unserved part of the punishment with a milder type of punishment through the administration of the institution or body executing the punishment in which he is serving his sentence in accordance with Article 81 of this Code. The administration of such an institution or body, no later than 10 days after the submission of the convicted person's petition to replace the unserved part of the punishment with a milder type of punishment, shall forward the said petition to the court along with a description of the convicted person. The description must contain data on the behavior of the convict, his attitude to study and work during the entire period of serving the sentence, the attitude of the convicted person to the committed act and that the convicted person has partially or fully compensated for the damage caused or otherwise made amends for the damage caused as a result of the crime. ... The characterization of a person who, on the basis of the conclusion of a forensic psychiatric examination, is recognized as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, and who has been convicted of committing a crime against the sexual integrity of a minor under the age of fourteen at the age of 18 years. data on compulsory medical measures applied to the convict, on his attitude to treatment. Simultaneously with the petition of such a convicted person, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
3.1. The administration of the institution executing the sentence in which the convicted person is serving a sentence in accordance with Article 81 of this Code, in accordance with part four of Article 113 of this Code, submits to the court a submission to replace the unserved part of the sentence with a milder type of punishment in relation to a positively characterized convict. The submission on replacing the unserved part of the punishment with a milder type of punishment must contain data on the behavior of the convict, his attitude to study and work during the entire period of serving the sentence, on the attitude of the convicted person to the committed act and that the convicted person compensated for the harm (in whole or in part) caused by a crime. In the submission to replace the unserved part of the punishment with a more lenient type of punishment on a person who was convicted of committing a crime against the sexual integrity of a minor under the age of fourteen years of age over the age of 18, and recognized on the basis of the conclusion of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia) , not excluding sanity, must also contain data on the compulsory medical measures applied to him, on his attitude to treatment. Simultaneously with the presentation of such a convicted person, the conclusion of his attending physician is sent to the court. If there is a copy of the court ruling or order on the notification of the victim or his legal representative in the personal file of the convicted person, the administration of the institution executing the punishment sends it to the court, and also provides information about the place of residence of the victim or his legal representative and other information ensuring their timely notification, If there are any.
4. The procedure for applying the amnesty is determined by the body that issued the amnesty act.
5. A convict who has developed a mental disorder that prevents him from serving his sentence, or his legal representative, has the right to apply to the court to release the convicted person from further serving his sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. A petition for release from further serving a sentence in connection with the onset of a mental disorder shall be submitted by a convicted person or his legal representative through the administration of the institution or body executing the sentence. If it is impossible for the convicted person or his legal representative to independently apply to the court, a submission to release the convicted person from further serving the sentence in connection with the onset of a mental disorder shall be submitted to the court by the head of the institution or body executing the sentence. Simultaneously with the said petition or presentation, the conclusion of the medical commission and the personal file of the convicted person are sent to the court.
6. A convicted person who has fallen ill with another serious illness that interferes with serving his sentence has the right to apply to the court with a petition to release him from further serving his sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. The convict shall submit a petition for release from further serving the sentence in connection with a serious illness through the administration of the institution or body executing the sentence. If it is impossible for the convicted person to apply to the court independently, a submission to release the convicted person from further serving the sentence due to a serious illness shall be submitted to the court by the head of the institution or body executing the sentence. Simultaneously with the said petition or presentation, the conclusion of the medical commission or the institution of medical and social examination and the personal file of the convict are sent to the court.
7. In cases where a person sentenced to compulsory labor or correctional labor is recognized as a disabled person of the first group, and a person sentenced to forced labor is recognized as a disabled person of the first or second group, he or she has the right to apply to the court for early release from further punishment.
8. The list of diseases that impede the serving of the sentence, the procedure for sending for a medical examination of convicts applying for release (submitted for release) from serving a sentence in connection with illness, and the procedure for medical examination of convicts applying for release (submitted for release) from serving a sentence in connection with the disease, approved by the Government of the Russian Federation.
9. In the event of pregnancy, a woman sentenced to compulsory labor, correctional labor, forced labor has the right to apply to the court with a petition to postpone her sentence from the date of maternity leave.
10. In the event the court refuses to parole from serving the sentence or replace the unserved part of the sentence with a milder type of punishment, the re-submission of the relevant petition or presentation to the court may take place no earlier than six months from the date of the court's decision to refuse. If the court refuses to release the person sentenced to life imprisonment on parole, the petition may be reapplied no earlier than three years after the date of the refusal by the court.
10. Excluded. - Federal Law of 09.03.2001 N 25-FZ.
11. The refusal of the court in parole from serving the sentence does not preclude the submission to the court of a submission to replace the unserved part of the sentence with a milder type of punishment.
12. Those who have been released on parole and sentenced to restraint of liberty or forced labor in order to replace the unserved part of the punishment with a milder type of punishment, if they were sent to correctional institutions, correctional centers in cases provided for by law, may again apply for parole. release from serving a sentence or be presented to replace the unserved part of the sentence with a milder type of punishment no earlier than one year from the date of the decision to cancel parole or to replace the milder type of punishment with imprisonment.
