The concept of amnesty in our time can be heard quite often and on a multitude, in truth, of reasons. Everyone has heard, perhaps, the recent amnesty of capital, here is a summer cottage amnesty and the like. Of course, in all these cases, this term is used to some extent adequately, but the initial - its deepest meaning lies somewhere deep in the bowels of the criminal code and constitutional law.
And very soon we will hear it again from the submission of our authorities.
Amnesty Criminal 2020
In contrast to the criminal amnesty of 2018, when the public, especially in connection with the elections, artificially fueled interest in this issue, ratings were inflated in such a way and other unseemly goals were achieved, the 2020 process will be definitely made - after all, we are talking about the anniversary of the Great Victory Recall that in 2018 they wanted to traditionally coincide this practice with the 25th anniversary of the Constitution of the Russian Federation - the main guarantor of the rights and freedoms of a Russian citizen, including hundreds of thousands of prisoners.
However, the question seems to have been lowered on the brakes. At least at the time of this writing, this is exactly how it was. Many interested categories, of course, were outraged, but if you look at the question more broadly and in the future, it becomes clear why they did just that and not otherwise. First of all, we are talking about the fact that the criminal correction system, as such, is being revised. There are tendencies for articles that are regularly included in the amnesty to simply be removed from the Criminal Code, replacing their status with any other one that allows you to compensate for damage, undergo a correction procedure, etc. other humane ways. So, the law on the termination of criminal cases under economic articles after damages became the “first sign”.
At the same time, plans for 2020 are a completely different matter. After the epochal amnesty of 1945 in honor of the Victory, there were liberation of 1955, 1985, 1995, 2000, 2005, 2010 and 2015, so this is already a tradition.
Who is entitled to amnesty?
The draft resolution of the forthcoming amnesty, which is being developed by the relevant specialized committees of the State Duma, contains the following categories of convicted persons:
- minors with a term of up to 5 years (who have committed crimes under the age of 16 years, from 16 to 18, but only with a first criminal record);
- minors with a term of more than 5 years who have already served more than 50% of the time;
- women with minor children, pregnant women, women over 55, with a term of less than 5 years;
- men with children under three years of age, over 60, with a term of less than 5 years;
- disabled people of any group, with periods of less than 5 years.
The exceptions are those passing under the following articles of the Criminal Code of the Russian Federation: Articles 105, 111, part 2 of Article 117, part 3 of Article 122, Article 126, part 3 of Article 127, Article 127, part 2 of article 128, article 131, article 132, part 2 of article 133, article 134, article 135, part 3/4 article 150, part 3/4 article 158, Part 3/4 Art. 159, Part 3/4 Art. 160, Part 2/3 Art. 166, Art. 162, Part 2/3 Art. 166, Art. 164, Part 3/4 Art. .166, Art. 169, Art. 170, Art. 177, Part 2 of Art. 177, Art. 177, Part 2/4 of Art. 174, Part 3 of Art. 175, Art. 176, Art. 177, part 3 of article 178, part 2 of article 179, article 180, article 188, part 4 of article 183, article 184, article 185, article 186, article 187, part 2/3 Art. 189, 190, part 2, article 191, article 192, article 193, article 194, article 195, article 189, article 199, article 189, part 2 of article 199, article 200, Art.205, Art.206, Art.208, Art.209, Art.210, Art.211, Art.212, Part 3 Art.215, Art.221, Part 2/3 Art.222, part 2/3 of article 223, article 226, article 227, part 2 of article 228, article 229, part 2/3 of article 230, part 2 of article 223, article 223, part 3 st.234, part 2/4 st.240, part 3 st.241, st.242, part 2/3/4/5/6 st.264, st.275, st.276, st. 277, Art. 278, Art. 279, Art. 281, Part 2 of Art. 282, Art. 290, Art. 295, Part 4 of Art. 296, Art. 299, Art. 300, Part 2 of Art. .301, part 2 of article 305, part 3 of article 306, part 4 of article 329, article 321, article 322, part 2 of article 333, article 335, article 353, article 354, article 355, Art. 356, Art. 357, Art. 358, Art. 359, Art. 360. As well as all repeat offenders who committed crimes in places of punishment, malicious violators of order.
What you need to know about amnesty
Usually, an amnesty is an act of mercy towards criminals, the purpose of which is full or partial release from punishment. This may mean that a person will simply be released ahead of schedule, which will replace his preventive measure with a relaxed one, etc.
The amnesty targets can be persons already convicted by court order or just undergoing criminal prosecution. It differs from pardon in that it is individual, and, as a rule, does not depend on external factors - this is a narrowly targeted decision in specific circumstances. An amnesty can be declared for a whole category of persons: minors, women with children serving minor crimes, the elderly, etc.
In addition to reducing the term or early release, an amnesty may include the removal of a criminal record from a specified group of persons, as well as relieve someone from administrative responsibility.
Despite the negative experience of some amnesties dating back to the Soviet era, and the skeptics' confidence that this practice undermines the institutions of the penitentiary system, placing prisoners in equal conditions, sometimes even committing equivalent crimes, the statistics show a very positive effect from this procedure. So, only 5% of those who passed under the amnesty went to relapse.
General program concept
The institution of amnesty from a humanistic point of view is undeniable and correct, moreover, it is very useful for the state penal system, as it allows you to free up places in institutions to fill them with new serving sentences. Often it helps to reduce the socio-political degree of tension in society, serves as evidence of the goodwill of the state in relation to its citizens.
If an amnesty is not declared as a result of an emergency, for example, during an armed conflict, after a revolution, when political repressed, captured representatives of the opposing side are freed, under normal conditions it is often timed to coincide with some high-profile anniversaries and events in the life of the country.
In society, the concept of amnesty, as applied to those who commit criminal offenses, is very wary. On the one hand, it is an important humanistic tool. True, it is only if those released set themselves up as truly repentant personalities, and are fully included in the program of re-socialization with the solution of problems at the state and municipal levels with their medical care outside the prison walls, devices of work and life, and other important aspects.
According to the Constitution of the country, the State Duma must declare an amnesty by issuing an appropriate act-decree signed by the president on this matter. It does not list by name all those who will be released early or change their punishment to a lighter one - this document contains only a general description of the group of persons that fall under its norms. It is specially prescribed in a separate line that repeat offenders who take part in grave and especially grave articles, violators of the order of serving sentences from the amnesty are excluded.
After the publication of the relevant act in relation to a specific person, the decision is made by the court, the prosecution service or the investigating authorities. However, only if it is approved by the administration of the correctional institution where the sentence is being served.
What amnesties are expected in 2020?
In addition to the 2020 amnesty for the 75th anniversary of the Victory in the Second World War on criminal offenses in the context of the above categories of persons, it is expected, of course, to extend a series of other amnesties that are relevant for our civil society. For example, we are talking about capital amnesty for businessmen, as well as about the so-called "country amnesty" - both of our editors have already dedicated personal materials in the corresponding sections.
According to data provided by the Federal Penitentiary Service of Russia, since 2000, the number of prisoners has almost halved. However, there is no reason to believe that in the long run, the 2020 amnesty will reduce this number yet. The fact is, unfortunately, that the country's judicial system, in fact, treads its place: the "beds" of those who are released under the amnesty are immediately clogged by new criminals.
Compared with pre-revolutionary times, the percentage of the ratio of respectable citizens and those serving sentences increased by 3.5 times - up to 405 criminals per 100,000 population. And even now, horizontal comparisons with other European countries are not in Russia's favor. It was expected that Belarus was the closest to us - 314 prisoners per hundred thousand people. Suddenly, the figure was low in Ukraine - only 167. For comparison, in Spain there are 126 prisoners, in the UK - 142, and in China - 118.