Judicial practice of proceedings on cases of conditional early release from punishment in the absence of a convicted person

Abstract

The article investigates the procedural procedure for considering the convicted person’s petition for parole, the process of proving that the convicted person does not need to fully serve the sentence imposed by the court. It is substantiated that the existing procedure for proceedings on parole in the absence of a convicted person contradicts the provisions of article 247 of the Criminal Procedure Code of the Russian Federation, which establishes that the trial must be conducted with the mandatory participation of the defendant. In the absence of the defendant, the trial is allowed for crimes of small and medium gravity, if the defendant requests it, as well as in exceptional cases in cases of serious and especially serious crimes, if the convicted person is outside of Russia and (or) evades court appearance. In addition, by holding a court session without the participation of the convicted person, the court cannot evaluate the evidence presented for their admissibility and reliability, as well as decide what additional duties should be assigned to the convicted person.