Establishment of Objective Reasons for Partial Compensation for the Harm Caused by a Crime when Deciding on Conditional Early Release of Persons Serving Imprisonment
Yundina M.A. Establishment of objective reasons for partial compensation for the harm caused by a crime when deciding on conditional early release of persons serving imprisonment. Penitentiary Science, 2025, vol. 19, no. 3 (71), pp. 293–301. doi 10.46741/2686-9764.2025.71.3.008.
the condition for compensation for damage caused by a crime, when deciding on conditional early release from further punishment, affects the rights and interests of both convicts and victims, as a result of which increased attention is paid to this condition in judicial practice. However, in most cases, when applying for conditional early release, the damage caused by the crime is only partially compensated. In modern Russian science, the objectivity of the causes of partial compensation for harm by convicts is insufficiently studied. Due to the absence of at least an approximate list of such objective reasons in the legislation and explanations of the Supreme Court of the Russian Federation, there is no uniform approach to this issue in judicial practice. This violates the principle of legal certainty, as a result of which the interests of the convicted person and the victim are excessively dependent on the judge’s inner conviction. The purpose of this article is to study the court’s approaches to establishing objective reasons for partial compensation for harm and to develop a specific list of circumstances that should be taken into account when assessing the objectivity of the reasons for partial compensation for harm. Methods: analysis, synthesis, analogy, comparison, abstraction, induction, deduction, observation, modeling. Results: it is important to form clearly defined criteria in science, judicial practice and legislation so that they can be taken into account when assessing the fulfillment of the condition for compensation for harm for the purposes of conditional early release. Conclusions: the approaches of the courts to the establishment of objective reasons for partial compensation for harm are identified and analyzed. The author proposes a classification of circumstances that can be recognized as objective reasons for partial compensation for harm and criteria that should be taken into account when assessing compensation for harm, in particular, the convict’s ability to work, the ratio of the amount of compensated damage to the convict’s income, work availability in correctional facilities, a lack of victim’s bank account details, and the convict’s ability to manage earnings.
Keywords: conditional early release; compensation for harm; convicted person; victim; objective reasons for compensation for harm; criteria for conditional early release; circumstances of conditional early release; correctional facility; penal system.
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