RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of April 21, 2009 No. 8

About court practice of parole from serving sentence, replacement of unexpired part of punishment with softer type of punishment

Due to the questions which arose at courts in case of application of the legislation on parole from punishment of replacement of unexpired part of punishment with softer type of punishment, and for the purpose of ensuring unity of court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. In case of the solution of question of possibility of application of parole from serving sentence or replacement of unexpired part of punishment with softer type of punishment according to provisions of Articles 79, 80 and 93 Criminal Code of the Russian Federation courts should provide individual approach to each convict. Parole from serving sentence can be applied only to those convicts who, on recognition of court, for the correction do not need complete serving of the penalty imposed by court and left its part provided by the law taking into account time of detention before adjudgement and its introduction for legal force.

Draw the attention of courts that the new penal statute providing increase in that part of term of punishment which actual departure is condition for consideration of question of parole or about replacement of unexpired part of punishment with softer type of punishment is subject to application only concerning person condemned for the crime committed after entry into force of the new penal statute.

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