PART IX
APPEALING FROM COURT DECREES OF CONVICTION OR ACQUITTAL, COURT DECREES OR ORDERS AND LODGING COMPLAINT OR PROTEST TO COURT OF SUPERVISORY INSTANCES
CHAPTER THIRTY EIGHT
EXECUTION OF DECREE
Article 333. Early Release From Serving Conviction Due to Illness
333.1. In the event that, while serving compulsory works, arrest, or imprisonment sentence, a
sentenced person has contracted a mental or other severe illness preventing service of the conviction, the procurator shall have the right, upon a proposal of the organization in charge of the execution of the conviction, to appoint a commission consisting of not fewer than 3 doctors, to obtain a conclusion.
333.2. If the commission appointed in accordance with Article 333.1. of this Law issues conclusion on impossibility of serving sentence, the court upon proposal of the procurator shall apply compulsory measures of a medical character and transfer him/her to the special mental health research or other hospitals or render a ruling to relieve him from further service of the conviction.
333.3. A convicted person shall not be relieved from serving the conviction if he/she has contracted an illness due to intentional infliction of damages to his/her body or organ.
333.4. In case of rendering an order of a judge to relieve a convicted from serving of the conviction due to illness, he/she shall be freed immediately in the court room.
333.5. Order of a judge to relieve from serving of the conviction shall not be subject to an appeal. Only a procurator may bring a protest on it.
Article 334. Early Relief From Conviction and Replacement of Non-served Part of a Conviction by Milder One
334.1. Question of early relief from conviction and replacement of the non-served part of a conviction by a milder conviction in instances provided for by Article 74, 76 and 77 of the Criminal Code, shall be decided by a judge of the court of the area where the court decision enforcement agency is located, upon a conclusion of a procurator issued on the basis of proposal of the court decision enforcement agency.
334.2. Question of early relief from conviction in the form of deprivation of the right to occupy specific official position or engage in specified activity shall be decided by a judge upon the petition of the person sentenced and of the place of occupation.
334.3. In the event that a court refuses early relief from conviction or replacement of the non-served part of a conviction with a milder conviction, a reconsideration of this question may not take place within six months after the day of rendering the ruling of refusal.
334.4. While considering the request on early relief from conviction or replacement of the non-served part of a conviction with a milder conviction, the gravity of the crime, the personality and behavioral improvements of the convicted person shall be taken into account.
334.5. Upon rendering an order on early relief from conviction or replacement of the non-served part of a conviction with a milder conviction, the convicted person shall be freed immediately.
334.6. An order on early relief from conviction or replacement of the non-served part of a conviction with a milder conviction shall not be subject to an appeal. Only a procurator may bring a protest on it.
Early release - national proceedings
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