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Yalanzhi & PartnersCriminal defence in Russia

Case results

Parole granted after an earlier refusal

Article 79 of the Criminal Code — paroleEnforcement of sentenceParole granted

Before

Parole refused at the first attempt

After

Released on parole

How

The result followed a strengthened file of character evidence, a restructured application and an emphasis on the pattern of conduct over time.

The situation

At the first attempt the court took a critical view of the character references and held that the argument that the prisoner had reformed was insufficiently made out.

The result

The renewed application was prepared against the reasons given for the first refusal: the documents were reworked, the structure of the argument was clarified and the formal objections were removed.

In detail

Analysis

Why a refusal is a working document

A refusal of parole is not the end of the process. A fresh application may be made after six months, and the refusal decision states its reasons — which makes it, in practice, a checklist. If an outstanding civil claim was mentioned, it should be settled. If a disciplinary sanction was cited, it should be lifted and time allowed to pass. If the intended place of residence was unanswered, it should be answered with documents.

Most of the successful parole applications in our practice are second applications prepared in exactly this way.

What courts actually decide on

The statutory test in Article 79 is whether the person still needs to serve the full sentence in order to be corrected. In practice the decision rests on a documented picture: the conduct record across the whole sentence, incentives, work, education, the position of the facility administration and of the prosecutor, and — most decisively in our experience — whether the victim's civil claim has been paid.

The additional obstacle for foreign nationals

Courts frequently refuse parole to foreign nationals on the reasoning that there is no established place of residence in Russia and no means of supervision. It has to be answered rather than ignored: with documentation of the intended residence, with the position on removal from the country, and with evidence of family or employer support.

Published in summary form with identifying details removed. A result obtained in one case is not a prediction for another: outcomes depend on the evidence, the classification and the procedural history of the specific case.

See also

Other case results