Having received a court verdict – 8 years in a general regime colony, the actor Mikhail Efremov is probably thinking about the possibility of parole, parole. In general, the parole procedure is not easy, and not everyone is lucky enough to go free. If Efremov behaves in the colony in the same way as in court, then he will have to serve time from call to call. But we believe in a better outcome, and decided to remind the rules, subject to which it is quite possible to be released early.
According to the law, a convicted person can apply for parole even on the very first day of his imprisonment. But you can get out on parole only after serving at least six months of the sentence, and in the case of Efremov – after half of the maximum sentence under his article (part 4 of article 264 of the Criminal Code of the Russian Federation provides for 12 years, from this figure you need to count).
The procedure itself is pretty simple. The convicted person or his legal representative shall submit a petition to the court at the place of serving the sentence. The correctional institution sends there a testimonial to the prisoner. Well, then the trial itself – with the prosecutor, lawyers, etc. So what do you need?
Repent completely. “Several parameters are always taken into account, but the most important thing is complete remorse,” says our source at the Russian Supreme Court. “If a person has not admitted his guilt, then the judge has the right to refuse parole.”
Repay the damage and seek forgiveness from the victims. It is not enough to admit guilt; it is still necessary to pay off (in whole or in part) the damage to the victims. And in general, the opinion of the injured party is necessarily asked. If she is categorically against, the parole will most likely be refused.
Sometimes there are attempts to get around this topic, and the victims are not notified of the court session, so that they cannot express their opinion. An excellent example is when a rapist was released on parole without asking his victim (and the woman, among other things, stated that he threatened her even while in the colony). In these cases, the appellate instance may cancel the parole.
As for the repayment of damage, not all convicts have money, but this does not mean that they will never be released on parole. It is enough even for the convict to prove that he is working behind bars (maybe even in two shifts), pays a percentage of his salary, that is, he makes every effort to pay the entire amount.
Behave well in the colony. In the characteristics of the IC, they will definitely indicate all incentives and penalties without exception. Alas, there was a case when even one penalty for smoking in the wrong place was enough for the judge not to take into account 10 rewards.
Be useful to the community. The court often takes into account what a good person did behind bars, besides the fact that he worked and did not disturb the order. And here it is important to prove yourself. Participation in literary circles, creation of a theater studio, organization of local radio for convicts, etc., etc.
Do not lose touch with the will. The convicted person must provide the court with proof that he is expected at home and that he will be engaged in labor activities in the wild. And here personally Efremov will be helped by petitions and guarantees from famous actors-colleagues, from directors, politicians, officials …
Charming the prosecutor. Alas, this is not always possible. But in general, the opinion of the prosecutor (supports the petition for parole or categorically objects) is usually taken into account by the judge. There were cases when all of the above was observed, but the prosecutor stood up at the trial and said in the spirit: “Your Honor, all this is a farce, the convict did not repent, and I will now prove it to you.” And he gave an example. Let’s say the convicted person has filed a complaint against the verdict with the Supreme Court or the ECHR. It sounds awful, but the prosecutor could thereby reproach: “Look, he never admitted guilt!” And here a lot will depend on the judge.
Read the material “Authority gave Efremov advice on behavior in the colony”