“Layout”: Russian courts massively grant deferrals from the execution of criminal sentences to convicts who agreed to fight in Ukraine

12:56, March 2, 2023Source: 

After the announcement of mobilization, Russian courts began to massively grant deferrals from the execution of sentences to those convicted in criminal cases to corrective and  compulsory labor who agreed to go to war in Ukraine

Such decisions were found by the Nestka publication in the databases of the courts of Moscow, Saratov, Perm, Amur and Jewish Autonomous Regions. If the convicts agreed to go to the front, Article 398 of the Code of Criminal Procedure of the Russian Federation was applied to them, which allows to delay the execution of the sentence in exceptional circumstances.

Those convicted of theft, drunk driving, malicious non-payment of alimony, possession of drugs and beatings were released from punishment, writes “Layout”. As the newspaper notes, often the representatives of the Federal Penitentiary Service themselves asked the court to grant the convicts such a delay, and the prosecutor’s office supported these requests.

Many convicts, whose cases were studied by journalists, had already served part of their sentences by the time the mobilization was announced. In some cases, convicts were first sent to fight, and after a few weeks received a reprieve.

In addition, the authorities of the Russian regions ignore administrative oversight violations committed by former prisoners who went to fight, Nestka writes, citing data from the file of courts.

As one example, the publication cites the case of Sergei Sychev, a resident of Penza, who fought in Ukraine from October 2022 to January 2023. As journalists suggest, he took part in the hostilities as part of the Wagner PMC .

Over the years, Sychev was convicted three times for robbery, possession of drugs, intentional infliction of grievous bodily harm and insulting a government official. After leaving the colony, the court imposed administrative supervision on him for three years, which Sychev violated by going to war.

In January, the court fined Sychev twice for violating supervision, which could lead to criminal liability. However, the local prosecutor’s office protested both fines, stating that Sychev, since October 2022, “took part … [redacted].” The court accepted the prosecution’s arguments.

(C)MEDUZA 2023

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