Execution of pardon in accordance with the Constitution of the Russian Federation

Every convicted person has the right to ask for pardon or commutation of the appointed punishment. This is the main law of the state. The pardon is carried out by the president in relation to a particular person who has petitioned him through the administration of the correctional facility or the executive branch after his release. This act can significantly improve the situation of the convict, reduce the punishment imposed, and remove his conviction. More details about this will be written in this article.

Basic moments

Execution of pardon of a person who committed a crime and was convicted of it, refers to the powers of the head of state. Adoption of this act in respect of a citizen can improve the situation of the latter, and also mitigate the punishment imposed.

Only the president can make a decision to pardon a convicted person, because this relates to his competence. This is written in the Constitution and the Criminal Code. With a petition for clemency, not only the convicted person himself, but also his defender, relatives, the administration of the institution, where the person serves a term appointed by the sentence, and the executive inspection, if the latter has already been released, but has an unclear conviction, can apply to the head of state.

In respect of whom is applied

In accordance with the law, the head of state exercises pardon for convicts on the verdict of the court. This rule is fixed in the Constitution and the Code of Atrocities. Pardon, as an act of mercy, can be applied to the following categories of persons:

- by the convicted authorities of the Russian Federation and serving a term in the territory of our country

- sentenced to punishment by courts of foreign states, but being in prisons of Russia, if this rule is prescribed in an international treaty;

- citizens who have served their sentence and have an undefined previous conviction for the crime committed.

Considered

Whose authority is the exercise of pardon, we have already found out. The President. In turn, the latter can make a positive decision with respect to a certain person or deny a petition because the convict does not fall under the criteria necessary to mitigate or release him from punishment.

When considering a petition for clemency of a person who committed a crime, the following points should be taken into account:

- the degree, nature and gravity of the deed;

- the behavior of the person during the period of serving the term (whether the convicted person worked, whether he did not evade participation in the creative activity, or whether he committed unlawful actions);

- the time that the prisoner spent in the correctional facility (because the pardon does not apply to those persons who have not served half of the appointed time);

- whether a new crime was committed guilty during the period of the trial period (it is characteristic only with conditional condemnation);

- the earlier application of an act of amnesty or pardon to the convicted person, as well as early release;

- compensation for damage caused by the atrocity;

- data on the identity of the guilty person (if he has a family, children, also takes into account his age, the number of convictions).

The specified information is necessary for the head of state to make the right decision with respect to a certain person. After all, the implementation of the pardon is one of its main functions, subordinated only to the president.

Does not apply

The implementation of the pardon refers to the powers of the head of state, and, accordingly, only he will decide whether to apply the act of mercy to the person guilty. This is the law. Therefore, the personality of the convict, who asks the president for pardon, is subject to detailed and comprehensive study. Nevertheless, according to the law, not all intruders can count on the charity of the head of state. These include the following categories of people:

- committed a deliberate crime during the trial period;

- violators of the order of serving punishment (especially if a person has neglected the rules established in the correctional facility);

- released from the colony in connection with amnesty, pardon or ahead of schedule;

- Citizens who have already been replaced with a softer sentence.

Thus, not all convicts will be able to count on condescension from the president. Although the exercise of pardon refers to the powers of the latter, he has the right not to sign an act of charity, if the person does not meet the criteria for its application.

According to the legislation

Art. Article 50 of the Constitution states that every convicted person may ask for pardon or for mitigating punishment. This rule once again confirms the fact that human rights and freedoms in the right state are considered the highest value. Nevertheless, not all prisoners will be able to count on the mercy of the president.

The implementation of the pardon is carried out by the head of state on the basis of Article 89 of the Constitution and the provisions of the Criminal Code. These norms indicate that leniency can be applied only to a certain person. In addition, the act of mercy on the part of the president can improve the situation of the convict, reduce the sentence or remove criminal record.

The right to exercise pardon, according to the Constitution of the Russian Federation, belongs to the head of state. But the president does not have the right to delegate these powers to address this issue to another official. Nevertheless, this does not exclude the participation of other public authorities in the process of pardoning the convict.

Significant differences

Pardon is in many respects similar to an amnesty. After all, these two acts allow to improve the situation of the guilty people, reduce the term of conviction, and also completely free from the serving of punishment. Nevertheless, these concepts have significant differences from each other.

Amnesty, as an act of mercy, applies to an unlimited number of persons subjected to criminal prosecution and conviction. It is formalized in the form of a decree of the State Duma. In addition, the implementation of this document requires considerable preparation from the executive authorities (justice in the field).

While the pardon applies to a particular person who has petitioned the president himself. This act of mercy is formalized in the form of an appropriate decree of the head of state and is subject to immediate execution.

How it happens in practice

The competence of the president includes the exercise of pardon. The Russian Federation, as a legal state, protects all citizens from lawlessness and arbitrariness and therefore provides an opportunity for the convicted person to ask the head of state to apply the act of mercy.

To do this, the perpetrator submits an appropriate request for pardon through the administration of the colony or through an executive inspection. These authorities must forward this document to the Ministry of Justice no later than twenty days after receipt of the said application. Then, the petition and all the necessary papers identifying the perpetrator are handed over to the commissions dealing with pardons within a week. After that, all documents on the convict with a definite conclusion are sent to the governor within a period not later than thirty days. In turn, the latter sends to the head of state the idea of the possibility of applying pardon to the convict. For this, the specified official is given fifteen days.

Thus, the pardon is realized. The Russian Federation, as a law-governed state, gives every convict the opportunity to ask the president to condescend and reduce the sentence, and to remove the criminal record.

If it was denied

The competence of the head of state includes the implementation of pardons. His powers also extend to refusing the act of mercy imposed on the prisoner by the head of state.

But who does notify the convicted person that he was refused a petition? The answer to this question is quite simple. In the event that the president rejects the petition of the guilty person, the governor of the subject himself must inform the latter about it in writing. And only after a year the convicted person can again apply for a pardon to the head of state. An exception here will be the newly discovered circumstances, in connection with the emergence of which the person will need to apply the act of mercy.

Decor

Typically, a sample of writing petition for clemency is in each colony. This document should be attached to the information stand for convicts. This is required in order that the perpetrator himself could issue the petition and transfer it through the detachment head to the administration of the colony.

The document is completed as follows:

To the President of the Russian Federation _______________ (data)

From the convicted ____________________ (full name)

Petition for pardon

_______ (date) I was found guilty of committing an act under Art. ___ of the crime code, and sentenced to ____ (fully in full) with serving the sentence in the colony (indicate the type of institution).

In the crime I repented (here it is necessary to write down in details what exactly this is manifested, whether the guilty harm caused by the atrocity was compensated, and also it is necessary to give arguments that would indicate that the person no longer poses a danger to society).

On the basis of the foregoing and in accordance with articles 85 of the Code on atrocities and 89 of the Constitution, I ask you to pardon and reduce the sentence (or to remove the criminal record, release from further serving time).

Application:

(All available documents, including a copy of the court verdict, characteristics, health certificate).

Date ____________

Signature of the convict ________________ (transcript).

general characteristics

Everyone who was convicted of committing a crime can turn to the head of state with a request to apply to him an act of mercy and condescension. This petition is executed in the form of a petition and sent to the convict through the administration of the colony or an executive inspection.

Only in the powers of the president is the exercise of pardon. By whom the transfer of the petition from the convicted person to the president is carried out, it is also spelled out in the legislation.

It should also be noted that any person who commits atrocity and is serving a sentence for that period can ask the head of state to condescend to condescend. Moreover, this act of mercy does not rehabilitate the perpetrator, but can only improve his position.

Important

The pardon of prisoners who serve a life sentence is also carried out by the President's decision. No other authorities and officials have such powers.

In addition, malefactors serving a sentence for life can hope to mitigate punishment only after serving at least 25 years in places of detention.