As explained by the project developer, today in criminal proceedings widely used video conferencing. The prisoner is in jail or prison and is involved in the process.
“this is Especially true in the courts of appeal and cassation. The use of video conferencing allows you to save resources and money spent on convoy, – stated in the explanatory Memorandum. – However, practice is developing in such a way that in the case of a determination of release from custody, release from punishment of persons participating in the meeting via video conferencing, the actual liberation occurs after a long period of time: from days to several months.”
the Delay caused by the administration of the Treasury of the house should obtain the documents from the court. And the solution must bring state. But if state house is thousands of miles from the court, and this is often the case, you have to wait until you arrive at, say, from Moscow.
In the explanatory note are presented and specific examples. Ludmila B. was in a remand prison in Volgograd region, when the Krasnoyarsk regional court examined her case in the appeal and modified the punishment. Instead, the real deadline was imposed a suspended. But the woman was released only after 19 days, when he came to the document.
the Verdict Victoria Yu has already come into force, and it was in one of the colonies in the Krasnodar region. However, the Fourth appellate court of General jurisdiction, located, by the way, in Krasnodar, released her from punishment. Though the kind of close, the decision came to the colony only after 6 days.
it is Therefore proposed to change the situation. The amendments require that within one hour after the relevant decision of the court and a copy should be forwarded to the facility administration through electronic document management.
“the Bill is aimed at solving the problem of excessively long enforcement of judicial decisions about the release of the suspect, accused or convict from custody,” emphasizes the Advisor of the Federal chamber of lawyers of Russia Sergey Nasonov.
however, he reminds that the current legislation excludes a situation when vacated leaves jail or other institution of the Federal penitentiary service in the clothing out of season, without a travel document and money. In other words, if the court was held in the evening and then came the document, the prisoner is not put in the night in the cold without money in summer clothes.
“the Suspect or accused person is released from custody, the administration of places of detention, if necessary, is provided free travel to the place of residence rail, road or waterth transportation, meals, and also clothes for the season. If necessary, they are issued a cash benefit”, – says Sergey Nasonov.
