Judicial practice of proceedings on cases of conditional early release from punishment in the absence of a convicted person
Abstract and keywords
Abstract (English):
The article investigates the procedural procedure for considering the convicted person’s petition for parole, the process of proving that the convicted person does not need to fully serve the sentence imposed by the court. It is substantiated that the existing procedure for proceedings on parole in the absence of a convicted person contradicts the provisions of article 247 of the Criminal Procedure Code of the Russian Federation, which establishes that the trial must be conducted with the mandatory participation of the defendant. In the absence of the defendant, the trial is allowed for crimes of small and medium gravity, if the defendant requests it, as well as in exceptional cases in cases of serious and especially serious crimes, if the convicted person is outside of Russia and (or) evades court appearance. In addition, by holding a court session without the participation of the convicted person, the court cannot evaluate the evidence presented for their admissibility and reliability, as well as decide what additional duties should be assigned to the convicted person.

Keywords:
correctional institution, punishment, release from punishment, parole, convicted person, court
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References

1. Byzova, M. V. 2022, ‘On the operation of the principle of ensuring the right to defense at the stage of execution of the sentence’, Legality, iss. 7, pp. 67-68.

2. Oksana, T. L. 2022, ‘The resolution was adopted - the problems remained’, Legality, iss. 4, pp. 41-46.

3. Golovko, L. V. (ed.) 2016, Course of Criminal Procedure, Statute, Moscow.

4. Malysheva, O. A. 2021, ‘The exercise by a convicted person of the right to judicial protection when replacing a criminal sentence not related to isolation from society, deprivation of liberty’, Journal of Russian Law, iss. 2, pp. 97-112.

5. Osmankina, I. 2020, ‘Review of Legal positions in the Definitions of the Constitutional Court of Russia’, Comparative Constitutional Review, iss. 4, pp. 161-169.

6. Burmagin, S. V. 2020, ‘Problematic issues of adversarial construction of judicial proceedings at the stage of execution of a sentence’, Actual problems of Russian law, iss. 9, pp. 93-103.

7. Garusov, A.V. 2018, Assessment of the testimony of participants in criminal proceedings interested in the outcome of the case: PhD thesis (Law), St. Petersburg.


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