Article 70. Conditional Release Ahead of Time from Serving Punishment

1. A person serving correctional labour, restriction in military service, restriction of freedom, detention in a disciplinary military unit, or deprivation of freedom, may be conditionally released ahead of time, if a court recognises that for his correction that person does not need to completely serve the term of punishment sentenced by the court. In this respect, a person may be fully or partially released from enduring an additional type of punishment.

2. When applying conditional release ahead of time, a court may impose on a given convict the obligations specified in the first part of Article of the present Code, which must be executed by him during the remaining unserved term of punishment.

3. Conditional release ahead of time may be applied only after the actual endurance by a convict of the following:

a) not less than one third of the term of punishment sentenced for a crime of a lesser gravity or of medium gravity;

b) not less than a half of the term of punishment sentenced for a grave crime;

c) not less than two thirds of the term of punishment sentenced for an especially grave crime, as well as three quarters of a the term of punishment sentenced upon a person who earlier was conditionally released ahead of time, if that conditional release ahead of time was terminated on the bases stipulated by the seventh part of this Article.

4. A term of deprivation of freedom actually endured by a convict may not be less than six months.

5. A person serving life-time deprivation of freedom sentenced by a court may be conditionally released ahead of time, if a court recognises that he does not need the subsequent endurance of that punishment, and actually served not less than twenty five years of deprivation of freedom.

6. Supervision of the behaviour of a person who was conditionally released ahead of time, shall be carried out by a special state body in the place of residence of the released authorised to do that, and with regard to military servicemen, by the commanding staff of military units and institutions.

7. If, during the remaining unserved term of punishment, a person to whom a conditional release ahead of time was applied committed:

a) a violation of public order for which an administrative punishment was imposed upon him, or if a person maliciously evaded the execution of obligations imposed upon him by a court in the application of a conditional release ahead of time, then the court, pursuant to a proposal from the bodies indicated in the sixth part of this Article, may pass a decision to cancel the conditional release ahead of time, and endurance of the remaining unserved term of punishment;

b) a crime by negligence, then the question of the cancellation or retention of a conditional release ahead of time shall be decided by a court when sentencing punishment for a new crime;

c) a deliberate crime, then a court shall sentence punishment upon him in accordance with the rules stipulated by Article 60 of the present Code. Under the same rules, punishment shall be sentenced in case of the commission of a crime by negligence, if a court abolishes the conditional release ahead of time.

8. Conditional release ahead of time shall not apply to a person for whom capital punishment was substituted for by deprivation of freedom through the procedure of a pardon.

Date: 2014-12-21; view: 837