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

of November 17, 2015 No. 51

About introduction of amendments to Resolutions 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" and of December 20, 2011 No. 21 "About practice of application by courts of the legislation on execution of sentence"

Due to the change of the legislation, and also the questions Plenum of the Supreme Court of the Russian Federation which are available in court practice, 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 the following changes to resolutions of the Plenum of the Supreme Court of the Russian Federation.

1. In the 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" (in edition of resolutions of the Plenum of December 23, 2010 No. 31, of February 9, 2012 No. 3):

1) in Item 1:

a) the paragraph one to state in the following edition:

"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.";

b) add with the paragraph the second the following content:

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