AT RF UDO - one of the ways of exemption from punishment of persons,sentenced to imprisonment and correctional labor. It applies to entities that, in the opinion of the court, do not need to serve a full sentence. Let us consider in detail below, what is UDO and in which cases it can be applied.
General information
So, what is UDO? First, it is necessary to decipher this abbreviation. By CC, UDO - grant of parole.
In simple words, it is a situation where a person sentenced to imprisonment is released before the expiry of the sentence.
Conditions
Knowing, what is UDO, a citizen serving a sentence can change his behavior for the better. For the court to decide on early release it is necessary that:
- The court, based on the available information, concluded that the perpetrator of the act during the time of serving the sentence was corrected.
- The damage caused by the crime is at least partially compensated.
What is UDO for the condemned? This is a real way not to serve a sentence, but with certain limitations and conditions.
Cases of use
Exit on UDO can sentenced to:
- Imprisonment.
- Being in a disciplinary battalion or other similar military unit.
- Forced labor.
In some cases, with the release of a parole on parole, additional punishment may be withdrawn from the convicted person (penalty, for example).
Time requirements
First of all, you should know that according to the UDO the court can release a citizen who has served a sentence for at least six months. In addition, the legislation fixes a number of additional requirements.
So, if the verdict was made in connection with committing an infringement of medium / small gravity, it is necessary that no less than 1/3 of the part term. UDO when a serious act is possible after the expiration of half the time. If the act is particularly serious, then at least 2/3 must pass.
In the case of encroachments involving the performance of terrorist activities, the rape of minors, illegal trafficking in banned substances, for filing applications for UDO a citizen must serve at least 3/4 of the time.
If the perpetrator is convicted of violation of the sexual inviolability of persons under the age of 14, parole is necessary for the expiry of the term to be 75%.
During the periods indicated, time is included, duringwhose guilty person was in custody in pre-trial detention before the trial. That is why, often on parole, many are released after a short time after the verdict.
Special cases
If a citizen is sentenced to life imprisonment, he can be released on parole if he / she remains in prison for at least 25 years. However, at present, cases of convicted for UDO not fixed. At the end of 2015 - early 2016, only two attempts to file motions are known. However, in both of these cases they were not satisfied.
Requirements for released prisoners
Many believe that the UDO removes all sorts ofobligations with the perpetrator. This is far from the case. Exemption is called conditional early, because a person is released with a number of restrictions. The main one is the obligation not to violate the law.
If during the unexpired period the subject commits a new criminal or administrative violation, the parole will be canceled and the citizen will return to serve his sentence.
The court is entitled to oblige the person:
- Undergo treatment for drug addiction, alcoholism or another disease.
- Do not change the place of study, work, residence without prior notification of the authorized officer of the FSIN, who controls the actions of conditional and parolees.
- To finish training or to find a job.
- Do not visit the places determined by the court in the sentence.
This list is not exhausted. At its discretion, taking into account the circumstances of the case, the court has the right to impose other duties on the person being released.
A responsibility
If the citizen evades executionduties, imputed by a court decision, and also in case of committing a new act, the previous decision on conditional early release is subject to cancellation. In this case, in the case of the involvement of the subject in a new encroachment, the punishment will be reviewed and appointed according to the set of sentences.
Meanwhile, from the above rule there are someexceptions. If the severity of the new act was small or medium, whether deliberately or unintentionally it was committed, the court is entitled to retain the UDO. If the encroachment was grave or especially grievous, such indulgences should not be counted.
As for evasion, it must be malicious. This means that the subject committed a violation at least three times, while at least once he was warned about the inadmissibility of his behavior.
If the UDO court did not abolish, but violations of the citizen were recorded, administrative sanctions could be applied to him:
- Fine 1-1,5 thousand rubles.
- Up to 15 days. arrest.
- Up to 40 hours of compulsory work.
The last punishment can be appointed if there were two violations throughout the year.
Conduct of the convict
The following information is necessary for the release of the detainee on the basis of the UDO of the court:
- The opinion of the administration of the place of serving punishment.
- Information about the behavior of a citizen, received incentives and penalties, his attitude to training and work.
Of no little importance is the information on compensation for the guilty of the damage caused, trying to make amends in any way.
In respect of persons convicted of harassment forchildren, the court must additionally take into account the opinion of the medical and psychiatric commission. In practice, even if the sanity of the offender has been recognized, he must undergo compulsory treatment. Availability references for UDO is mandatory.
An obligatory condition is the observance ofconvicted regime of correctional institution. Within 3 years there should be no violations for him. If during the time of serving the sentence he commits a grave or especially serious act, the issue of his release from the UDO will not even be considered.
Is it possible to re-apply?
In case of cancellation of the decision on parolerelease the citizen returns to the correctional institution or continues to serve another sentence imputed to him. At the same time, he has the right to file a petition with the UDO again. The Criminal Code, however, establishes a number of additional requirements for the convict.
First of all, the perpetrator must serve at least 2/3 of the term. He can apply only after one year from the date of cancellation of the decision on the previous UDO.
Changes in legislation
The Criminal Code provides for a special, 79th, article on UDO. It fixes the basic provisions relating to parole. Relatively recently in article on UDO some changes were made.
So, in the 1 st part of the compulsory requirement for compensation to the guilty of the harm caused to them.
The legislator also shortened the terms thatthe citizen must necessarily depart, and also the period after which the persons convicted of infringement on sexual inviolability of children, can count on UDO.
Art.79 in the current version contains a requirement for the approximate behavior of the perpetrator within 3 years. Normally there is a rule according to which the decision on UDO is subject to cancellation if the person evades from compulsory treatment or other medical measures applied to him.
Currently, the courts have the right to retain the UDO if the citizen has committed an intentional act. Previously, this issue was decided by the court in the event of an infringement of negligence.
Who can send the petition?
Write a petition on the UDO has the right:
- Convicted.
- Defender of the guilty.
- A legal representative on behalf of a minor.
Nuance
As stated above, the legislation fixesclaim for compensation of damage in the number of mandatory for release. If the court determines that the perpetrator does not have the opportunity to actually compensate for the harm, then the issue can be resolved even without the fulfillment of this condition. Such a situation, for example, can occur if a citizen does not have work in the colony, can not perform labor activity due to disability, etc.
For UDL, confession of guilt to convicts is not required.
Review process
The application for the UDO (a sample of the document can be found in the article) is transferred to the administration of the correctional institution. Within ten days, it goes to court.
The application is considered by the same courtthe instance that pronounced the verdict. After receiving the application, the case is raised from the archive. If necessary, the court shall demand from the correctional institution materials describing the conduct and personality of the convicted person. Reclamation of additional information may be carried out at the request of a citizen serving a sentence, or his defense counsel (legal representative).
Based on the results of the examination, the court either satisfies the application or not. If you refuse to conditional early release, you can re-submit the application only after six months.
Appendices to the application
A petition must be attached to a prisoner and a copy of the verdict, certified by a court of law.
If necessary, the application can beother documents are attached, which confirm that the person has been reformed and can be released on parole. If such materials are not available to the defense counsel or the convict himself, then at their request the court sends inquiries to the relevant institutions.
Repayment of convictions
The presence / absence of a criminal record is essential for the convict and the court. The size and term of punishment depends on this in case of a new act committed by a citizen.
If a decision has been made on the UDO, the criminal record is settled on the basis of the term served by the perpetrator. It means that:
- In the event of a person being sentenced to corrective labor, a criminal record can be lifted one year after his release.
- If a punishment for an infringement of small / medium severity was imposed after 3 years; heavy - through 8, and especially heavy - 10 years.
This order applies only to the mainpunishments. If the court has appointed an expulsion with the preservation of the additional sanction, the period for the removal of the criminal record will begin after the end of the period for which it was imputed.
Early removal of a criminal record
It is possible under certain conditions. In particular, the perpetrator must behave impeccably after serving time and make amends for the damage caused to the victim.
The decision to remove the criminal record is taken solely by the court.
Features of the content of the application
In the application for paroleFirst of all, the characteristics of the administration of the correctional institution about the personality and behavior of the convicted citizen should be present. In addition, the application must also contain other data confirming the possibility of appointing the UDO.
For example, the statement includes (or attacheda separate document) the conclusion of the authorized bodies that the subject has been corrected, does not pose a threat to the society and the serving of the whole period is inappropriate.
Acknowledgment of compensation for damage causedvictim, may be the statement of the victim of the act. It is made in free form. The statement must contain the phrase that the victim has no claims to the convicted person.
It is worth saying that the petition can be sent to the court and without notice of this most guilty person serving a sentence. The current legislation allows such an opportunity.
Additionally
If at the time the application is received by the judicialthe convict's authority was transferred to another correctional institution, the application is examined at the address of his actual location. Consequently, the case file must be submitted to the appropriate judicial authority.
When considering a petition in considerationthe opinion of the victim is accepted. The convict or his counsel sends him a letter. In it, he can apologize for what he has done, repent, promise to compensate for the damage done, etc. The victim's answer must be attached to the petition.
Another circumstance that must be taken into account is the composition of the convict's family. If the perpetrator has dependent children, the probability of satisfaction is higher.
When considering the application, the presence of a place of permanent residence, communication with relatives is taken into account. This may depend on the further behavior of the citizen, released on parole.
Not to accept the petition for consideration the court does notright. He can return materials that are improperly handled, setting a deadline for their re-submission. If the application is not satisfied, it is impossible to reduce the outstanding term of punishment.
По результатам рассмотрения заявления суд выносит ordinance. It describes the reasons for which a decision was made. The resolution should contain information about the subjects who will exercise control over the behavior of the released person. A copy of the decision is sent to the body authorized to execute the punishment.
Conclusion
The domestic criminal system is considered oneof the most humane in the world. Various possibilities for improving the situation of convicts are fixed in the Criminal Code. However, their implementation in all cases depends on the guilty citizens themselves, serving the sentence.
Satisfy an application for releasethe judicial authority is entitled to parole on parole if, based on the results of the study of the received materials, he has no doubt about the correction of the convicted person. The decision of the institution must be motivated and based on the law.
Persons released on parole mustcomply with the court's orders, otherwise the UDO will be canceled, and the term will be increased by the set of sentences. There is, of course, the likelihood of avoiding severe punishment in the event of an insignificant (in terms of criminal law) misconduct. However, in this situation, the subject will be imputed an administrative sanction.
