THE RELEASE FROM PUNISHMENT ON MEDICAL GROUNDS

  • Svetlana Ivanovna Vershinina
Keywords: release from punishment; serious disease; seriously ill convicted defendant; the rights of a convicted defendant; medical and social assessment; the list of diseases; endorsement of relief from punishment

Abstract

This paper is the result of participation of the author in the discussion of issues at the Round Table “The improvement of the procedure of the release on medical grounds” that took place on the 31st of March 2017 in the RF Council of Federation upon the initiative of the Committee on constitutional legislation and state construction and the Ombudsman for Human Rights in the Russian Federation. At the Round Table, the scientists and practicians noted the existence of the problems in the legal regulation of the release institution and placed special emphasis on the humanization of the legislation in this sphere. Taking into account the round-table recommendations, the author highlights the most problem points of legal regulation of the release from the punishment of the seriously ill convicted defendants and proposes own variant for their solution in the criminal and criminal procedure legislation. In particular, the author offers to amend part 2 of Article 81 of the Criminal Code of the Russian Federation by adding the provision of Article 175 of the Penal Code of the RF “The list of diseases impeding the enduring of punishment, to be approved by the Government of the Russian Federation” and simultaneously omitting it from the Penal Code. To the author’s opinion, it is necessary to insert a new Article 400.1 “The consideration of a petition for the release of a convicted defendant from punishment on medical grounds” to the criminal procedure code of the Russian Federation and to set two procedures of implementation of this institution distinguished by a subject initiated the proceedings on the release of a convicted defendant from punishment associated with a serious disease. In the first case, the proceedings are initiated by a convicted defendant, in the second case – by the administration of a detention facility.

Published
2019-06-11
Section
Статьи