(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 a 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, 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.
(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 convict'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 convict's behavior, his attitude to study and work during the entire period of serving the sentence, the convict's attitude 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 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 to replace the unserved part of the punishment with a milder type of punishment must 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 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 go to court on his own, 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 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 are conditionally released on parole and sentenced to restraint of freedom 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 after the date of the ruling on the abolition of parole or on replacing 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)
Criminal Executive Code of the Russian Federation
Section 175. 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(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 a 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, 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.
(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 convict'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 convict's behavior, his attitude to study and work during the entire period of serving the sentence, the convict's attitude 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 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 to replace the unserved part of the punishment with a milder type of punishment must 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 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 go to court on his own, 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 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 are conditionally released on parole and sentenced to restraint of freedom 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 after the date of the ruling on the abolition of parole or on replacing the milder type of punishment with imprisonment.
Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.
You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.
Game? Wrong word. The correct word is "imprinting".
The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.
For the first few days, newborns in the USSR saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The reception is wild in its essence and effectiveness.
All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.
You cannot fix this - imprinting is one-time and for life. It is difficult to understand this, the instinct took shape when you were still very far from the ability to formulate. Since that moment, no words or details have survived. Only facial features remained in the depths of my memory. Those traits that you consider to be your own.
3 commentsSystem and Observer
Let's define a system as an object, the existence of which is beyond doubt.
An observer of a system is an object that is not part of the system he observes, that is, it determines its existence, including through factors independent of the system.
From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.
An internal observer is a potentially achievable object for the system in relation to which inversion of observation and control channels is possible.
An external observer is even a potentially unreachable object for the system, located beyond the system's event horizon (spatial and temporal).
Hypothesis No. 1. All-seeing eye
Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross-section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".
The capture of "gravitational radiation" by an object increases its chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.
Hypothesis No. 2. Inner Observer
It is possible that our universe is observing itself. For example, with the help of pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:
Time flow
Outside observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the side.
Also, the possibility of combining these hypotheses in one proportion or another is not excluded.
Russian Federation
the federal law
On amendments to Articles 78 and 175 of the Criminal Executive Code of the Russian Federation
and article 399 of the Criminal Procedure Code of the Russian Federation "
Article 1.
Introduce into the Criminal Executive Code of the Russian Federation (Collected Legislation of the Russian Federation, 1997, No. 2, Art. 198; 2001, No. 11, Art. 1002; 2003, No. 24, Art. 2250; No. 50, Art. 4847; 2005, No. 14, Art. 1213; 2006, No. 3, Art. 276; 2008, No. 52, Art. 6226; 2009, No. 52, Art. 6453; 2011, No. 50, Art. 7362; 2012, No. 10, Art. 1162) the following changes:
1) Article 78 shall be supplemented with parts two.2 and two.3 of the following content:
"2.2. A convict who can change the type of correctional institution, as well as his lawyer (legal representative), has the right to apply to the court to change the type of correctional institution. The convicted person submits a petition to change the type of correctional institution through the administration of the institution or body executing the punishment. The administration of the institution or body executing the sentence, no later than 10 days after the submission of the convicted person's application for
to change the type of the correctional institution, he shall send the said petition to the court together with the characterization of the convicted person. The description must contain data on the convict's behavior, his attitude to study and work during the serving of the sentence, the convict's attitude 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 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, the conclusion of his attending physician is sent to the court.
2.3. The administration of the institution or body executing the sentence, in accordance with the second part of this article, submits to the court a submission to change the type of correctional institution in relation to a positively characterized convict. The submission to change the type of correctional institution must contain data on the behavior of the convict, his attitude to study and work while serving the sentence, the attitude of the convicted person to the committed act and that the convicted person has partially or completely compensated for the damage caused or otherwise made amends for the damage caused as a result of a crime. In the submission to change the type of correctional institution to a person who was 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 the conclusion of a forensic psychiatric examination as suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity , should also contain data on the compulsory measures of a medical nature 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. ";
2) in Article 175:
a) state the name in the following edition:
"Article 175. The procedure for filing a petition and sending a submission for release from serving a punishment or for replacing the unserved part of a punishment with a milder type of punishment";
b) part three shall be stated in the following 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 submits punishment through the administration of the institution or body executing the punishment.
The administration of the institution or body executing the punishment, no later than 10 days after the convict's petition to replace the unserved part of the punishment with a milder type of punishment, shall send the said petition to the court along with a description of the convicted person. The description must contain data on the convict's behavior, his attitude to study and work during the serving of the sentence, the convict's attitude 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 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, the conclusion of his attending physician is sent to the court. ";
c) supplement with part three.1 as follows:
"3.1. The administration of the institution or body executing the punishment, 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. must contain data on the convict's behavior, his attitude to study and work during the serving of the sentence, the convict's attitude 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 replacement of the unserved part of the punishment with a more lenient type of punishment on 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 the conclusion of a forensic psychiatric examination as suffering disorder of sexual preference (pedophilia), which does not exclude sanity, should 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. "
Article 2.
Introduce into part one of Article 399 of the Criminal Procedure Code of the Russian Federation (Collected Legislation of the Russian Federation, 2001, No. 52, Art. 4921; 2003, No. 27, Art. 2706; No. 50, Art. 4847; 2008, No. 52, Art. 6226; 2011, No. 13, Art. 1687; No. 50, Art. 7362; 2012, No. 10, Art. 1162) the following changes:
1) in clause 2, the words "in clauses 4, 6, 9, 11-15 of article 397" shall be replaced by the words "in clauses 3 (in accordance with part two of article 78 of the Criminal Executive Code of the Russian Federation), 4, 5, 6, 9 , 11-15 of Article 397 ";
2) Clause 5 shall be stated in the following wording:
"5) on the proposal of the institution or body executing the punishment - in the cases specified in clauses 2-5, 7-8.1, 10, 12, 13, 15, 17-17.2 and 19 of Article 397 of this Code";
3) add clause 6 as follows:
"6) in accordance with part two of Article 432 of this Code - in the case specified in paragraph 16 of Article 397 of this Code."
President of Russian Federation
V. Putin
- 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 TYPES
- 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 sentence with a milder type of punishment through the administration of the institution or body executing the sentence, 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 convict'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 convict's behavior, his attitude to study and work during the entire period of serving the sentence, the convict's attitude 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 to replace the unserved part of the punishment with a milder type of punishment must 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 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 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 go to court on his own, 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 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 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 are conditionally released on parole and sentenced to restraint of freedom 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 after the date of the ruling on the abolition of parole or on replacing the milder type of punishment with imprisonment.
