CONDITIONAL-PREVIOUS EXEMPTION FROM PENALTIZATION OF PUNISHMENT
- release from punishment until the end of the term of this punishment, appointed on the verdict of the court, and release is not unconditional, but under certain conditions - failure to commit offenses and crimes during the unserved part of the punishment.
A person who is serving in a disciplinary military unit or deprivation of liberty may be conditionally early released from punishment if the court finds that, in order to be corrected, it does not need to fully serve the punishment imposed by the court. Thus the person can be completely or partially released from serving of an additional kind of punishment.
The basis for the application of this type of release from further serving of punishment is the loss to convicted of public danger and the consequent possibility of final correction without full serving of punishment. To the criteria allowing to determine the possibility of correction of a person without the full serving of punishment, one can attribute the behavior of the convicted person and his attitude to the performance of duties while serving his sentence.
Parole can be applied only after the actual departure of the convict:
1) at least one third of the term of punishment imposed for a crime of small or medium gravity;
2) not less than half of the sentence term for a serious crime;
3) not less than two thirds of the term of punishment prescribed for a particularly serious crime, as well as two thirds of the term of punishment imposed on a person who was previously conditionally released early, if parole was canceled on the grounds provided by the Criminal Code
RF.
In this case, the term of deprivation of liberty actually served by the convicted person can not be less than 6 months.
A special procedure is established for the Criminal Code of the Russian Federation for persons sentenced to life imprisonment: they must actually serve at least 25 years in prison. A person who committed a new serious or especially serious crime while serving a life imprisonment is not eligible for early parole.
A person serving a restriction of freedom, holding in a disciplinary military unit or imprisonment, the court, taking into account his conduct during the serving of punishment, can replace the remaining unserved part of the punishment by a milder form of punishment. Thus the person can be completely or partially released from serving of an additional kind of punishment.
Control over the behavior of a person released on parole,
Is carried out by an authorized state specialized body, and with respect to military personnel - by the command of military units and institutions.
The Criminal Code of the Russian Federation provides that, if during the remaining unexpired part of the punishment:
1) the convict has committed a violation of public order for which he was subjected to an administrative penalty, or maliciously evaded execution of the duties imposed on him by the court in applying conditional early release, the court, on the proposal of the bodies specified in part 6 of this article, may decide Abolition of parole and execution of the remaining unexpired part of punishment;
2) the convict committed a crime through negligence, the issue of cancellation or the preservation of parole is decided by the court;
3) the convict has committed a willful crime, the court appoints him a punishment for the whole of the sentences.
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