Publication date: 15.07.2024
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Postponement of the execution of the sentence
Postponement of the execution of the sentence in accordance with the Criminal Procedure Code of Ukraine is an important legal institution that allows the execution of a court decision to be postponed under certain conditions. This can be applied in situations where a person has grounds to challenge the sentence or when the execution of the sentence may have a negative impact on his life circumstances. In addition, the court must take into account the case materials, the behavior of the convicted person during the trial and the presence of positive characteristics. The decision to postpone the execution of the sentence is adopted by the court on the basis of the relevant petitions and evidence. This mechanism provides a balance between individual rights and the interests of society, allowing to avoid unjustified restrictions on freedom and ensuring the possibility of rehabilitation.
Cases of application of postponement:
Execution of the sentence may be postponed in the following cases:
- Serious illness of the convict, which prevents him from serving his sentence - postponement until he recovers.
- The convict's pregnancy or the presence of a minor child — during pregnancy or before the child is three years old, if the crime is not particularly serious.
- Exceptionally severe consequences for the convicted person or his family due to special circumstances (fire, natural disaster, serious illness or death of the only able-bodied family member) - for a period established by the court, but not more than one year from the date of entry into force of the sentence.
These grounds ensure a humane approach to the execution of punishments and take into account the special circumstances of the convicts' lives.
Terms and conditions:
- Maximum term: The suspension may not exceed one year from the date of entry into force of the judgment.
- Determination of the term: The specific term of the postponement is established by the court and may be less than one year, depending on the circumstances of the case.
- The suspension of execution of the sentence cannot be applied to certain categories of persons in accordance with the Criminal Procedure Code of Ukraine. Here is a detailed description:
Persons convicted of serious crimes:
In case of conviction of a person for the commission of a crime stipulated by the Criminal Code as a serious one, a postponement of the execution of the sentence cannot be applied.
Persons convicted of particularly serious crimes: A reprieve is not granted to persons who have committed particularly serious crimes. This includes assassinations, acts of terrorism, organized crime, and more.
Request for postponement of execution of sentence: Submitting a motion to postpone the execution of the sentence to the court is an important process that requires compliance with certain features and rules. Here are the key aspects to consider:
The form and content of the request
- Enter the name of the court, your personal data (full name, address), as well as the number of the criminal case.
- Clearly formulate your request for a stay of execution of the sentence. Specify the stipulated reasons and justification why you need a postponement. File a motion for adjournment until the start of the execution of the sentence. Adhere to the filing deadline set by the court.
- Explain to the court your personal circumstances that are important to the decision on the postponement.
- Attach documentary evidence (medical certificates, affidavits, marital status documents, etc.) that support your arguments.
- File a motion for adjournment until the start of the execution of the sentence. Adhere to the filing deadline set by the court.
Filing through an attorney: If necessary, engage an attorney to prepare and file the motion. The lawyer has experience in working with the courts and will be able to ensure that your petition is properly presented.
Proper preparation and timely submission of a request for postponement of the execution of the sentence to the court can significantly increase the probability of its satisfaction. Following the above guidelines will help you in this process.
Question
What is the meaning and consequences of the postponement of the execution of the sentence for the convicted person?
Answer
During the suspension, the convict does not serve his sentence, but remains under the supervision of law enforcement agencies, which monitor his behavior and compliance with the conditions of the suspension. If the convict violates the conditions set by the court (for example, commits a new offense or avoids supervision), the suspension can be canceled and the sentence will be carried out immediately. The suspension allows to take into account the personal and family circumstances of the convict, making the execution of the sentence more individualized, especially for persons with special needs or other persons. Suspension does not cancel the sentence itself and does not exempt from criminal liability; this is only a temporary measure, after which the convicted person must serve the prescribed punishment.
Question
Who is authorized to grant a stay of execution?
Answer
The decision to suspend the execution of the sentence is made by the court that hears the case of the convicted person. It is the court that has the authority to assess the circumstances that may be the basis for granting a postponement, as well as to determine the terms and conditions of its granting. The decision is made after consideration of the petition, which may be submitted by the convict, his lawyer or other authorized persons, depending on the situation. Thus, the court is the main body responsible for making a decision on adjournment and ensuring its compliance.
Consideration of the submitted petition:
- Consideration of a request for a stay of execution of the sentence is an important stage in the criminal process. First, the petition is submitted to the court that issued the sentence, and the judge checks its correctness and the presence of the necessary documents. After that, a hearing date is set.
- All participants in the process are present at the court session: the accused, his lawyer and the prosecutor. Each side has the opportunity to present its arguments. The accused or his defense attorney justifies the need for a postponement, citing specific reasons and providing documents that confirm it. The prosecutor, in turn, can object to the motion, presenting his arguments.
- The court considers all submitted materials and testimony, after which it makes a decision. It can be either satisfactory or unsatisfactory. If the request is granted, the execution of the sentence is postponed for a certain period, and if it is refused, the sentence is executed immediately.
The accused has the right to appeal the court's decision in the appellate procedure, if the petition was not granted. Consideration of such a petition requires careful preparation and can have serious consequences, so the involvement of a lawyer is advisable for proper representation of interests.
Services of a lawyer in criminal cases:
Lawyer services in criminal cases is critical for several reasons:
Protection of rights and freedoms. The lawyer advice that the rights of the accused are respected at all stages of the process. He monitors that legal norms are not violated, which could lead to illegal detention or prosecution.
Professional training. Lawyers have specialized knowledge and experience in the field of criminal law. They can correctly assess the circumstances of the case, which makes it possible to formulate an effective defense strategy, conduct a legal analysis of the situation.
Developing a strategy. The lawyer services online helps to develop a clear plan of action, which includes gathering evidence, preparing witnesses and justifying the motions. This significantly increases the chances of a positive result.
Legal services for representation in court. A legal services online represents the client's interests in court, which is important for proper protection. Court proceedings requires constant attention to detail and consideration of a large number of legal subtleties.
Risk assessment. A types of legal services helps assess the possible risks and consequences of certain decisions, such as signing plea agreements. This avoids negative consequences.
Psychological support. A criminal case is a stressful situation. A lawyers online can provide moral support and help reduce stress, which is also important for making informed decisions.
Appealing decisions. If the court's decision is not in favor of the client, the lawyer has the right and opportunity to challenge it in the appeals court, which is an important stage of protection.
Online assistance of a lawyer in criminal cases is indispensable. He not only protects your rights, but also provides a professional approach to complex legal situations, which as a result can significantly affect the outcome of the case. The cost of legal services will depend on the complexity and duration of the criminal proceedings and on many other factors.
