Sample application for parole. Petition for parole. The complaint must include

Material publication date: 03/20/2020

Last update: 03/20/2020

We tell you how to correctly draw up a petition for parole.

What is an application for parole?

So, what is a petition and how is it different from a regular application? From the point of view of current legislation, a petition is an official request addressed to a government agency or official conducting criminal proceedings. The main purpose of such a request is to ensure the rights and legitimate interests of the person filing the petition.
What is the difference between a statement and a motion in criminal proceedings? In answering this question, it should be noted that the Code of Criminal Procedure of the Russian Federation does not indicate an explanation of the concepts of “application” and “petition” in the list of terms used.

Based on practice, we can say that the concept of “petition” is used in cases where a specific request is addressed to the court (for example, for parole). In turn, the concept of “statement” most often refers to a more general petition to the court.

Thus, the need to apply these concepts is determined in each specific case based on the essence of the applicant’s will.

Application of parole: judicial practice under Art. 79 of the Criminal Code of the Russian Federation

Criminal law provisions on exemption from punishment are based on the provisions of Art. 50 of the Constitution of the Russian Federation, which states that everyone convicted of a crime has the right to review the sentence by a higher court in the manner established by federal law, as well as the right to ask for pardon or commutation of punishment.

What documents must be attached to the application for parole?

Before submitting an application for parole, you will need to collect the following package of documents:

Copy of the verdict ;
Health certificate (if the convicted person has a serious illness);
Evidence of damages (for example, bank statement);
Letter of guarantee from the future employer ;
Certificate of registration at the place of residence ;
Certificate of family composition (if there are minor children or elderly parents);
Prisoner Characteristics (for example, from neighbors or from a previous place of work/study).

The form of the document “Petition for parole” belongs to the heading “Petition”. Save the link to the document in in social networks or download it to your computer.

In ___________ district court of __________
from the convicted person ____________________
serving a sentence in an institution ______, village ________ ______________ district

Petition
on conditional early release from serving a sentence

I, __________________, was found guilty and sentenced by the _________ district court of the Republic of Dagestan dated __________ under articles 131, part 2, paragraphs. “b, d”, 134 of the Criminal Code of the Russian Federation to imprisonment for a period of ______ years and _________ months in a general regime correctional colony.
The term of serving the sentence under a court sentence is calculated from the __________ year.
While serving my sentence, I repented of the crime I committed, realized the gravity of what I had done and drew the proper conclusions for myself.
Also, I did not violate the regime, I have no complaints or comments from the administration of the correctional institution.
Thus, by my behavior while serving my sentence, I proved that I had taken the path of correction.
In this regard, I believe that the purpose of the punishment imposed by the court, namely the correction of the convicted person, has been achieved and for further correction I do not need to fully serve the sentence imposed by the court.
Therefore, based on the above and in accordance with Articles 79 of the Criminal Code of the Russian Federation, 397 of the Criminal Procedure Code of the Russian Federation,
ASK:
Release me, _______________________, from further serving my sentence on parole for the remaining period of ___ year ___ month and __ days.
I ask the head of ___ to send a submission to the ___________ district court of _________ to resolve the issue of parole.

Convict _______________

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In order for the courts to successfully accept the petition, the wife must write an application for parole in a certain way based on existing laws. A completed template that is not always available can be downloaded from the Internet and filled in with personal data.

It should be remembered that the application for parole must contain the following information:

information about the prisoner (his name, age);
information about the crime, as well as the punishment provided for it and the time already spent in prison;
grounds for replacing punishment;
the presence or absence of damage that was caused and measures taken to compensate for the damage;
financial situation of the family of the convicted person.

In addition, the document contains the following information:

marital status (how long the prisoner has been married to his wife, whether he has minor children);
social and living conditions that will be provided to the prisoner after the end of his release. Among them are the availability of living space for sharing with family, the possibility of employment in one of the companies in the city (guarantee of a stable income and the possibility of paying funds to the victim in a claim);
circumstances recognized by the court as mitigating. These may include: full admission of guilt or surrender, assistance in solving a crime, the presence of serious illnesses or minor children, special behavior on the part of the victim;
a person’s attitude towards serving a sentence. This includes various incentives from the correctional institution, lack of penalties, and positive characteristics. Also, the reason for parole may be the presence of a profession acquired during a term of imprisonment, active use of the library and part-time work opportunities, maintaining social connections with loved ones and relatives;
attitude towards the crime committed. If the sentenced person actively tries to eliminate the harm caused during the commission of the crime (pays moral compensation, confesses, helps in the investigation), this will also help reduce the prison term.

Required documents and certificates

To successfully consider an application for parole, relatives must attach to it a list of additional documents that allow them to assess all the circumstances of the case:

a certified copy of the verdict in the case (a duplicate can be asked in court);
characteristics from the administration;
certificate (extract from a medical record). It is applied if the convicted person has injuries, disabilities or serious illnesses;
copies of marriage and birth certificates (if any);
certificate of the wife’s income (in case there are not enough funds to support the child);
a written admission of guilt (if it was written six months before the consideration of the petition in court);
a writ of execution and an application for the transfer of money to eliminate damage, written by the prisoner (if one exists). If the issue with money is resolved, you can attach a statement from the victim stating that there are no claims.

Parole today is the only legal procedure that allows you to leave prison before the deadline. This is stated in Art. 79 of the Criminal Code of the Russian Federation. In order for the procedure to achieve the desired result and end successfully for the applicant, it is necessary to take into account a number of legal features and requirements. In particular, you should competently draw up an application for parole. The sample and procedure for drawing up such an application will be discussed in detail in our article.

The concept of parole

First you need to understand the very concept of parole. According to the Criminal Procedure Code, this is release from prison before the end of the term previously established by the sentence. There must be special grounds for releasing a person ahead of time. In particular, the prisoner had to fulfill all the requirements and rules established by the relevant government authorities.

The grounds for parole can be very different. Art. 79 of the Criminal Code of the Russian Federation indicates the following points:

the presence of a serious illness that cannot be tolerated within the walls of prison;
disability group 1;
diligent behavior in prison;
presence of a serious mental disorder.

Parole can be full or incomplete. In the first case, the prisoner must serve the main sentence, and in the second - an additional one (applies to the main term, additional sanctions remain).

Application for parole

Application forms for parole change almost every year. However, their main content always remains the same. From the point of view of criminal procedural law, such petitions are official requests that are addressed to an individual official, the FSIN authority or the court. The purpose of filing a petition is to ensure the legitimate interests, freedoms and rights of the applicant.

In this case, it is necessary to distinguish between the concepts of “application” and “petition”. In the first case, we are talking about an appeal to the court, and in the second, about a specific request (this is, in particular, parole).

Article 79 of the Criminal Code, which talks about the possibility of a convicted person applying for parole, is supported by a constitutional norm (Article 50). Basic state law states that a person convicted of a criminal act has the right to have the case reviewed by a court.

Deadlines for filing an application for parole

A sample document is presented on the official website of the Federal Penitentiary Service, as well as on the information portal of the Supreme Court of the Russian Federation. It should be noted that tracking the current version of the application is not so easy, because government agencies make constant changes.

Sample of the title part of an application for parole:

The document must be drawn up either by the prisoner himself, or by his lawyer or relative. Representatives of the colony can also write a petition if the prisoner is diagnosed with physical or mental illness. In this case, the person held behind bars must serve at least 1/3 of the term for a criminal act of moderate gravity, and at least half of the term for a medium, grave or especially grave act. Pedophiles can apply for parole only after 4/5 of their “serving” period. The minimum period of imprisonment before it becomes possible to file a petition is six months.

The completed application must be accompanied by a copy of the verdict and an identity card, as well as a certificate of health, family composition and place of residence. It is also necessary to collect evidence of compensation for harm and characteristics of the prisoner from different places (from neighbors, from a former place of study, work, etc.).

Sample application for parole

How to prepare a document requesting parole? According to the current legislation, the following must be presented on paper:

the official name of the court, as well as its details;
information about the applicant himself, in particular, his full name, place and duration of stay, information about the crime committed, etc.;
information about the sentence passed by the court;
circumstances, reasons and characteristics on the basis of which the convicted person plans to leave the place of deprivation of liberty;
directly the application for parole;
list of documents attached to the application.

Sample application for parole, main part:

The parole court can only make two decisions. The first is positive if the prisoner has every reason to leave prison early and his application is drawn up correctly. The second decision is negative if the convicted citizen drew up the document incorrectly or does not have a sufficient number of circumstances on the basis of which he can count on early release.