Petition on the Udo from the convicted sample. Petition on Odo: Sample, Procedure for compiling and submission. Decisions at the petition

2. Copy of the sentence, certified and laid

A copy of the sentence is definitely issued by the convicted person after the trial. Very often convicted it emit it or burst on the need for a page from it for apparent inappropriateness. Please do not so never. A copy of the sentence is necessary in all cases of subsequent appeal to the Court (filing to the UDO, to mitigate the sentence, cassation, appeal). In the event of submission of documents to court, a copy of the sentence is not returned, so a new instance is necessary. How to get it?

A) photocopy in the camp with assurance from the chief of the colony. Unfortunately, so as not to have unnecessary troubles, at the headquarters of the camp convicts SPLUSHB and be told that the xerox broke and, well, it is necessary, it will not be repaired it ...

B) send a power of attorney to receive relatives. At such a power of attorney, they will be sentenced without problems

C) a copy of the sentence can take your lawyer (for this nothing is needed at all)

D) Send a request to the court, which made a sentence, with a request to send a copy of the sentence. Here there is difficulty. A copy can be sent, and may appear instead of it that the copy is issued for free only once, in the second and subsequent times it is necessary to pay the state duty in accordance with Article 333.19 part 10 of the Tax Code of the Russian Federation (when applying for re-issuing copies of decisions, sentences, judicial orders, court definitions, decrees of the Presidium of the Supervisory Court, copies of other documents issued by the court, as well as when submitting an application for the issuance of duplicates of executive documents - 2 rubles for one page of the document, but not less than 20 rubles).

What can be done in this case? You can write an application to the head of the camp that the necessary funds removed from your current account and sent to the court. After that, take a certificate in accounting about the transfer and send a re-request to the court to the court with an application of this certificate and the assicious approximately such content: "Appendix: 1. Recipment about the payment of state duty for re-issuing a copy of the sentence."

Article 333.18 Part 3 of the Tax Code of the Russian Federation: The fact of payment of the state fee by the payer in cash is confirmed either by the receipt of the established form, issued by the Panel by the Bank, or the receipt, issued by the payer, or the authority, in which payment was made.

You can use the benefits provided by the Tax Code. You just need to make a statement correctly.

Article 333.36. Benefits when contacting the courts of general jurisdiction, as well as to the global judges

1. From the payment of state duty on cases considered in the courts of general jurisdiction, as well as world judges, are exempt:

5) Organizations and individuals - for the issuance of documents to them in connection with criminal cases and cases of the recovery of alimony.

7) Organizations and individuals - when submitting to court.

Application to court for recruitment of copies of the sentence

Chairman of the N-Country Court

From convicted Ivanova Ivan Ivanovich

1980, Art. 228.1 of the Criminal Code,

Period 2 years 6 months l / freedom

N.S. 10.11.2008

K.S. 05/09/2011

Statement

I, Ivanov Ivan Ivanovich, was convicted of a sentence of the N-Sky City Court by 2 years 6 months of imprisonment in a correctional camp of the general regime on January 20, 2009 by the judge judicial I.R.

ask

Provide me a copy of the sentence in my case to provide me in the M-Sky City Court about the hearing of my case on providing me for a marginal and early liberation from serving further punishment. A copy of the sentence is expelled without charging the state duty on the basis of Art. 333.36 Part 1 of paragraph 20 of the Tax Code of the Russian Federation.

Note. The statement is also written in the same way if you need a copy of the sentence to submit an appeal or cassation. Do not forget that the court address is written in the header, which sentenced.

Important. If you have several acting sentences, they need them all.

For example:
1. You were condemned conditionally, then committed another crime, as a result, a sentence was added to the sentence for the second crime.
2. Term is calculated for a combination of several sentences.
3. After the court sentence, the term was reduced by the sentence of the Court of Appeal. All sentences must be attached to the documents, otherwise the court will refuse to consider the application and return the documents back. You will have to collect them again, and this is an extra month, or even two.

Conditionally early release today is the only legitimate procedure that allows you to leave the place of imprisonment before the deadline. This is reading Art. 79 of the Criminal Code. So that the procedure reaches the desired result and ended well for the applicant, a number of legal features and requirements should be taken into account. In particular, it should competently compile a petition for parole. The sample and the procedure for drawing up such a statement will be considered in detail in our article.

The concept of good

First you need to deal with the notion of the release of a parole. According to the Criminal Procedure Code, this is a liberation from the place of imprisonment until the end of the deadline for the previously established verdict. To liberate a person, there must be special foundations ahead of time. In particular, the prisoner had to fulfill all the requirements and rules that established the relevant government agencies.

The foundations for parieties can be very different. Art. 79 of the Criminal Code indicates the following points:

the presence of a severe disease that cannot be transferred within the prison walls;
disability 1 group;
diligent behavior in place of imprisonment;
the presence of a serious mental disorder.

Udo can be complete and incomplete. In the first case, the prisoner must depart the main punishment, and in the second - additional (applied to the main period, additional sanctions remain).

Petition on par

Samples of the statement on the par were changing almost annually. However, their main content always remains uniform. From the point of view of criminal procedural law, such petitions are official requests that are addressed to a separate official, FSIN authorities or a court. The purpose of filing a petition is to ensure the legitimate interests, freedoms and rights of the applicant.

At the same time, the concepts of "statement" and "petition" should be distinguished. In the first case, we are talking about appealing to the court, and in the second - about a specific request (this is, in particular, the ODO).

Article 79 of the Criminal Code, in which it is described about the possibility of filing a petition of the convicted person on parole, is supported by the constitutional norm (Article 50). In the main state law, it is said that a person convicted for a criminal act is entitled to the revision of the case by the court.

The deadline for filing a petition to

A sample document is presented on the official website of the FSIN, as well as on the information portal of the Supreme Court of the Russian Federation. It should be noted that to track the actual version of the petition is not so simple, because government agencies make permanent changes.

Sample title part of the petition by Udo:

Make a document is needed either to the prisoner itself or his lawyer or relative. Representatives of the colony can write a petition if physical or mental diseases have been identified at the prisoner. At the same time, the face contained behind the bars should serve at least 1/3 for a criminal act of moderate gravity, and at least half of the term for the average, grave or particularly serious act. Pedophiles can be submitted to parole only after 4/5 of the "rejection". The minimum sentence to appear the possibility of submitting a petition is half a year.

A copy of the sentence and identity cards must be applied to the compiled statement, as well as health certificates, family composition and residence. It is also necessary to collect evidence of compensation and characteristics of the prisoner from different places (from neighbors, from the former place of study, work, etc.).

Sample petition

How is the document concluded with a state-to-early release? According to the norms of current legislation, the paper should be presented:

the official name of the judicial instance, as well as its details;
information about the applicant itself, in particular, his name, place and timeline of stay, information about perfect atrocities, etc.;
information about the verdict, which was submitted by the court;
circumstances, reasons and features, on the basis of which a convicted person plans to leave the place of imprisonment;
directly a petition for the use of parieties;
list of documents attached to the petition.

Sample request for parole, main part:

Court of FDO can only bear two decisions. The first is positive, if the prisoner has all the grounds to exit prison ahead of time and his statement is made correctly. The second solution is negative, if a convicted citizen incorrectly compiled a document or does not have enough circumstances, on the basis of which he can count on early liberation.

PEC RF. Article 175. The procedure for handling the application and the direction of the submission of the exemption from serving a sentence or on replacing the unnecessary part of the punishment of a softer point of punishment

1. A condemned to which conditional and early liberation can be applied, as well as his lawyer (legal representative) is entitled to apply to the court with a petition about the occasional early release from serving the sentence. The petition should contain the information indicating that for further correction, the convicted person does not need to be full of sentence appointed by the court, since during the period of serving the sentence, he reimbursed the harm (fully or partially) caused by the crime, reappeared in perfect act, and may also be contained Other information indicating the correction of the convict. The petition for the conditionally early release from serving the sentence is submitted through the administration of an institution or an authority acting in which the convicted person is serving a sentence in accordance with Article 81 of this Code.

(see text in the previous edition)

2. The administration of an institution acting in which the convicted person is serving a sentence in accordance with Article 81 of this Code, no later than 15 days after the application of the convicted person on the conditionally early release from serving the sentence directs the specified petition together with the characteristic on the convicted person. The characteristic should contain data on the behavior of the convicted person, its attitude towards studying and labor during the entire period of serving the sentence, on the attitude of the harm caused to the crime, as well as the conclusion of the administration on the feasibility of landlord. In the characteristic of a person who is convicted of committing over 18 years of crime against the sexual inviolability of a minor who has not reached fourteen age, and is recognized on the basis of the conclusion of the forensic psychiatric examination by the suffering disorder of sexual preference (pedophilia), which does not exclude changes, should also contain On the forced medical measures applied to it, about its attitude towards treatment. Simultaneously with the petition of such a convicted personally, the conclusion of its attending physician is sent to the court. In the presence of a convicted copy of the definition or decision of the court on the notification of the victim or its legal representative, the Administration of the Institution Acting, agencies, sends it to court, and also informs information about the place of residence of the victim or its legal representative and other information that ensures their timely notice, If there are any.

(see text in the previous edition)

3. A condemned, to which an unnecessary part of the punishment can be replaced by a softer point of punishment, as well as his lawyer (legal representative) is entitled to apply to the court with a petition to replace the impossible part of the punishment by a softer point of punishment. The petition for the replacement of an unnecessary part of the punishment by a softer point of punishment submits through the administration of an institution or an authority acting in which it is serving a sentence in accordance with Article 81 of this Code. The administration of such an institution or body no later than 10 days after the application of the convict on the replacement of an unnecessary part of the punishment of a softer point of punishment, the specified petition is sent to the court together with the characteristic on the convicted person. The characteristic should contain data on the behavior of the convicted person, its attitude to study and labor during the entire period of serving the sentence, on the attitude of convicts to the perfect act and that the convicted partially or completely reimbursed the damage caused or otherwise hesitated the harm caused by the crime . In the characteristic on a person, which, on the basis of the conclusion of forensic psychiatric examination, recognized as a suffering disorder of sexual preferences (pedophilia), not excluding the change, and which is convicted of committing over 18 years of a crime against the sexual integrity of a minor who has undergone a fourteenthyle age should also be Data on convictedly enforced medical measures, about its relation to treatment. At the same time, the conclusion of its attending physician is sent to the court. In the presence of a convicted copy of the definition or decision of the court on the notification of the victim or its legal representative, the Administration of the Institution Acting, agencies, sends it to court, and also informs information about the place of residence of the victim or its legal representative and other information that ensures their timely notice, If there are any.

(see text in the previous edition)

3.1. The administration of an institution acting in which the convict is serving a sentence in accordance with Article 81 of this Code, in accordance with Part Fourth of Article 113 of this Code contributes to the court to replace the unnecessary part of the punishment of a softer point of punishment against a positive characteristic of the convicted person. In the presentation of the replacement of an indispensable part of the punishment, the behavior of the convicted person, its attitude towards studying and labor during the entire period of serving the sentence, on the attitude of convicted to the perfect act and that the convict compensated for the harm (fully or partially) caused by a crime. In the presentation of the replacement of an unnecessary part of the punishment of a softer point of punishment on a person who is convicted of committing over 18 years of crime against the sexual integrity of a minor who has not reached fourteen age, and is recognized on the basis of the conclusion of forensic psychiatric examination by the suffering disorder of sexual preference (pedophilia) not excluding beplaceability should also contain data on compulsory medical measures applied to it, about its attitude towards treatment. Simultaneously with the submission to such a convicted person, the conclusion of its attending physician is sent to the court. In the presence of a convicted copy of the definition or decision of the court on the notification of the victim or its legal representative, the Administration of the Institution Acting, agencies, sends it to court, and also informs information about the place of residence of the victim or its legal representative and other information that ensures their timely notice, If there are any.

(see text in the previous edition)

4. The procedure for the use of amnesty is determined by the authority issued an act of amnesty.

5. The convicted, who has a mental disorder that prevents the serving of punishment, or his legal representative is entitled to apply to the court with a petition for the release of the convicted person from further serving the sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. The petition for exemption from further serving the sentence in connection with the onset of mental disorder condemned either his legal representative submits through the administration of the institution or an authority acting. If it is impossible to independently appeal to the convicted person or his legal representative to court, the idea of \u200b\u200bthe release of the convicted person from further serving the sentence in connection with the onset of mental disorder is made to the court by the head of the institution or an authority acting. Simultaneously with the specified petition or submission to court, the conclusion of the medical commission and the personal case of the convicted person are sent.

(see text in the previous edition)

6. A convicted, sick, sick of a different severe illness, impeding the serving of punishment, is entitled to apply to the court with a petition for exemption from further serving the sentence in accordance with Article 81 of the Criminal Code of the Russian Federation. The petition for release from further serving a sense of severe illness submits through the administration of an institution or an authority acting. If it is impossible to independently appeal to the court sentenced to the court on the release of the convicted person from the further serving of punishment due to severe illness, the head of the institution or the authority acting. Simultaneously with the specified petition or submission to the court, the conclusion of the medical commission or the institution of medical and social expertise and the personal case of the convicted person are sent.

(see text in the previous edition)

7. In cases of recognition of a convicted work or corrective work with disabilities of the first group, and a disabled disabled person of the first or second group, he is entitled to apply to the court with a petition for early release from further serving.

(see text in the previous edition)

8. A list of diseases that prevent the serving of punishment, the procedure for the medical examination of convicts applications for the release (submitted to liberation) from serving a sentence due to illness and

The document form "The petition of conditioned early release" refers to the heading "Petition". Save the link to the document on social networks or download it to your computer.

In ___________ District Court of G.__________
from convicted ____________________
serving a sentence in the institution ______, pos .________ ______________

Petition
on conditionally early release from serving the sentence

I, __________________, was convicted and convicted of the sentence _________ of the district court of the RD from __________ years under articles 131 part 2 pp. "B, D", 134 of the Criminal Code of the Russian Federation to imprisonment for a term of ______ years and _________ months in a prison colony.
The deadline for serving the sentence of the court is calculated from __________.
During the period of serving the sentence, I repented in a committed crime, realized the whole severity of the deed and made proper conclusions for myself.
I also did not violate the regime, I have no complaints and comments from the administration of a correctional institution.
Thus, I have proven my behavior during serving the sentence that I got up to the Path of Correction.
In this regard, I believe that the goal of the sentence appointed by the court, namely the correction of the convicted person, is achieved and for further correction, I do not need to fully serve the sentence appointed by the court.
Therefore, on the basis of the above and in accordance with Articles 79 of the Criminal Code of the Russian Federation, 397 of the Code of Criminal Code of the Russian Federation,
ASK:
Release me, _______________________, from the further serving of the sentence conditionally for the remaining period ___ of the year ___ month and __ days.
Chief ___ Please send a submission to ___________ District Court of G._________ to solve the issue of conditionally early release.

Condemned _______________

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Publication date: 03/20/2020

Last updated: 03/20/2020

We tell how to make a petition about conditionally early release.

What is a petition about conditionally early release?

So, what is a petition and how does it differ from the usual statement? From the point of view of the current legislation, the petition is the official request addressed to the state body or a certificate person carrying out the criminal proceedings. The main purpose of such a request is to ensure the rights and legitimate interests of the person who announced the petition.
What is the difference between a statement and a petition in the criminal process? Answering this question, it should be noted that the Criminal Procedure of the Russian Federation in the list of the terms used does not indicate the explanation of the concepts of "statement" and "petition".

Based on the practice, it can be said that the concept of "petition" is used in cases where some particular request is addressed to the court (for example, conventional early release). In turn, the concept of "statement" most often denotes a more general petition for the court.

Thus, the need to apply these concepts is determined in each particular case on the basis of the essence of the applicant's voltage.

Application of conditional and early liberation: judicial practice under Art. 79 of the Criminal Code of the Russian Federation

Criminal legal standards for exemption from punishment are based on the provisions of Art. The 50 Constitution of the Russian Federation, which states that everyone convicted for a crime has the right to revise the sentence by a higher court in the manner prescribed by the Federal Law, as well as the right to ask for pardon or mitigate punishment.

What documents need to be applied to the petition about conditional and early release?

Before submitting a petition to pay, you will need to collect the following package of documents:

Copy of sentence ;
Health certificate (if a convicted person has a serious illness);
Proof of harm compensation (for example, extract from the bank);
Warranty letter from the future employer ;
Help on the availability of registration at the place of residence ;
Family Help (in the presence of minor children or elderly parents);
Characteristics of prison (For example, from the neighbors or from the previous place of work / study).