Conceptual model of group rules release from punishment in connection with the correction of a convicted person serving a sentence

Abstract

The article, based on the established common features in the prerequisites and grounds for the application of replacing a sentence or its unserved part with a milder one (Article 82 of the Criminal Code) and parole from serving a sentence (Article 81 of the Criminal Code), defines group rules for release from punishment in connection with the correction of a convicted person serving a sentence.

The first such group rule is proposed to be the obligation of the court to consider the type of punishment served by the convict. Attention is focused on the unresolved problem in criminal legislation of the right of prisoners to parole from serving a sentence immediately after serving a certain term of punishment. Ways of legislative solution to this problem are proposed.

The second rule, which the court should take into account when applying the types of release from punishment, provided for by Articles 81 and 82 of the Criminal Code, is proposed to consider the term of actual serving of the corresponding punishment by the convicted person, taking into account: the minimum term of punishment established for a certain type of punishment by the norms of the General Part of the Criminal Code; the type of criminal offense for which the convicted person is serving the punishment; the degree of severity of the criminal offense; the form of guilt of the grave or especially grave crime for which the convicted person is serving the punishment; the behavior of the person after he previously served a punishment in the form of deprivation of liberty during the criminal record; the behavior of the person after the application of a conditional early release to him; the punishment established by an act of amnesty, pardon or court decision.

The third rule for the application by the courts of the types of release from punishment, provided for by Art. 82 and Art. 81 of the Criminal Code, should be a rule on considering the degree of correction of the convicted person, taking into account the conclusion of the authorized body on the degree of such correction.

The fourth rule that the court must consider when applying the analyzed types of release from punishment concerns the resolution of the issue of release from punishment of the convicted person from additional punishment.

A conceptual model of group rules of release from punishment in connection with the correction of a convicted person serving a sentence has been formulated.