Release on parole in case of life imprisonment

Life imprisonment as type of punishment appeared in the Criminal Code of Russia in 1996. However, it was possible to apply life imprisonment as alternative to capital punishment in case of pardon already in 1992. In practice, some convicts, sentenced to this type of punishment in case of pardon, have been remaining in custody since the mid 80 of last century. That is why problems of release on parole in case of life imprisonment are obtaining not only theoretical, but also practical significance. There is no doubt that one of the most important criteria of the release on parole of a convict, who was serving his life imprisonment, is identity of the mentioned person. Moreover, criteria applicable to convicts, who claim to be released on parole, should be evident, clear and real. It' duty of state authorities to prove that the convict does not satisfy the requirements. However, circumstances and conditions of living of a convict after release deserve special attention in the range of circumstances, considered by court in case of release on parole of such convicts. Without objective possibilities of positive re-socialization out of prison and special centers of social adaptation it is more humane and more safety for the society to put the convicts to penal settlements, and do not release them on parole. It is necessary to take into consideration issue of society's security, remembering "potential of desocialization" of a convict, accumulated during the period of sentencing. It is sure that it is essential to change in this case existed Russian penal legislation. After appearance in the Criminal Code of the Russian Federation above lasting periods of imprisonment over accumulative sentences, compulsory 25-years term of imprisonment in case of life imprisonment, prescribed by the law, is already not maximum term for imprisonment in any case. This fact should not be considered as fair. The law does not admit release on parole of a convict, who committed grievous or extremely grievous crime in period of his imprisonment. This release is not applied when a convict commits worse violation of on order during last three years. The legislator did not take legal circumstances of minor offences and medium gravity crimes, committed by persons, convicted to life imprisonment (for example, provided by the article 321 of the Criminal Code of the Russian Federation "Disarrangement of authorities' activity", ensured isolation from the society). Another legal gap is absence indication of probation period in legislation, at the end of which reconsideration of life imprisonment is possible under certain circumstances. It is hardly to agree with such opinions that this period is the rest of life of a released person. Whereas, life imprisonment is applied for extremely grievous crimes, it is necessary to underline that probation period should be ended with the period of conviction. Cancelation of a criminal record or its expunging cancels all legal consequences, associated with conviction.

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