+7 499 460-64-27 RU

MILITARY LAW / 34

Parole, reduction of sentence and life after a military court verdict

The work does not end when a verdict becomes final. We prepare applications for parole or for a lighter sentence, argue them in court, and help sort out what the verdict means for service, service pay and status.

Call: +7 (499) 460-64-27
Practice led by
Yury Koval, advocate
Practice block
Criminal defence of servicemen
Format
Moscow and remotely across Russia

What is happening

Families usually ask about parole long before the right to it arises. It arises once a set part of the sentence has been served, and the decision turns on more than the calendar: the court looks at conduct, attitude to work, penalties, compensation paid, and the view of the institution's administration.

The second half of the problem is the consequences. A verdict affects the contract, length of service, entitlement to payments and certificates, sometimes housing. Often the unit has already issued orders the man learns of last, and each must be challenged in its own way and within its own deadline.

Finally there is the conviction itself. It lapses after a set period, and in some cases can be cleared early by a court. That is no formality: employment, permits and any return to service depend on it.

What the law says

  • Parole becomes possible once a set part of the sentence has been served, the proportion depending on the gravity of the offence. Reaching that point does not guarantee release: the decision is for the court.
  • The court assesses conduct across the whole period served, penalties and commendations, attitude to work and study, compensation paid to the injured party, and whether there is somewhere to live and work after release.
  • Besides parole, the unserved part of a sentence can be replaced with a lighter form, and release on health grounds is possible where a serious illness is confirmed by medical report.
  • A refusal of parole is not final: it can be appealed, and a fresh application is allowed once the prescribed period has passed.
  • A conviction lapses automatically after a set period following completion of the sentence, and before that it can be cleared by a court on impeccable conduct and payment of compensation.
  • A verdict does not by itself cancel rights earned before it: some payments, statuses and certificates survive, and each has to be examined against the ground on which it was granted.

What we do

  • We work out when the right to parole or to a lighter sentence arises and what has to be ready by then.
  • We assemble the material for the court: records of commendations and penalties, the administration's appraisal, evidence of work, of compensation paid, and assurances of housing and employment.
  • We prepare and file the application and appear at the hearing at the place where the sentence is served.
  • We appeal a refusal of parole and prepare a fresh application once the period allows.
  • We handle early clearing of a conviction and confirmation that a conviction has lapsed.
  • We deal with the consequences of the verdict: discharge orders, calculation of length of service, payments, certificates and housing rights.

What we need from you

  • A copy of the verdict and of the appeal judgment, if there was one.
  • The institution's certificate of the part of the sentence served and of commendations and penalties.
  • The administration's appraisal and evidence of work or study while serving the sentence.
  • Evidence of compensation paid to the injured party: receipts, enforcement documents, agreements.
  • Assurances for after release: details of where you will live, relatives' consent, a letter offering employment.
  • Service and family documents: the contract, the calculation of length of service, unit orders, marriage and birth certificates, medical reports.

HOW THE WORK IS BUILT

How the work is built

Consultation

We calculate the deadlines, review the institution's documents and decide what to apply for: parole, a lighter sentence, or clearing the conviction.

1 meeting

Gathering material

We request certificates and appraisals and assemble housing and employment assurances and proof of compensation.

2–6 weeks

Application and hearing

We file the application and appear at the hearing at the place of detention.

court schedule

After release

We deal with the conviction, documents, length of service and payments, and challenge the unit's orders.

1–3 months

QUESTIONS

Frequent questions

When can parole be applied for, and what does the decision turn on?

The right arises once a set part of the sentence has been served, the proportion depending on the gravity of the offence. But the court looks beyond the time served: penalties and commendations count, as do attitude to work, compensation paid, and housing and employment after release. We prepare that material in advance, but the decision is the court's and no one may guarantee it.

The court refused parole. What now?

A refusal can be appealed where the decision is defective or the court left the documents submitted out of account. Article 175(10) of the Penal Enforcement Code also allows a fresh application after six months. A second application is worth preparing differently: remove the grounds of refusal, have penalties lifted, evidence the compensation paid.

Does a verdict automatically remove all military payments and certificates?

No, nothing is decided automatically. What happens to payments, certificates and length of service depends on the ground each was granted on and on the orders the unit has issued. We examine those orders and calculations and challenge them where they do not match the documents and the legal grounds.

NEXT STEP

Let us discuss your situation

The consultation is free of charge when an engagement agreement is signed: on it we say whether the matter has prospects and how the work would be built.

Call: +7 (499) 460-64-27