In a new review of judicial practice, the Supreme Court of the Russian Federation has ruled that women with children may be granted deferrals of sentence execution, even for serious crimes against individuals. This significant decision was reported by RIA Novosti.
The impetus for this ruling was a high-profile case involving a resident of the Perm region. During a domestic dispute, she inflicted a fatal knife wound on her husband. Although the woman called an ambulance and attempted resuscitation, her husband died. The court found her guilty under Article 111, Part 4 of the Criminal Code of the Russian Federation, which covers causing grievous bodily harm resulting in death by negligence. At the time of sentencing, the defendant had three minor children, the youngest of whom was only six months old. Despite mitigating circumstances, including the victim`s provocative behavior, the court initially sentenced her to three years in a penal colony.
The convicted woman`s legal team appealed the verdict to the Supreme Court of the Russian Federation, petitioning for a deferral of her sentence until her youngest child reached the age of fourteen.
The Supreme Court took into account the positive characteristics of the convicted individual: she actively raised her three minor children, had no history of public order offenses, and consistently showed love and care for them. Furthermore, at her previous workplace, she was described as a responsible and conscientious employee, receiving positive evaluations.
The court emphasized that “the constitutional value of the family institution obliges the state to respect and protect family relations, one of the key principles of which is the priority of raising children within the family.”
The judicial review specifies that the primary goal of granting such a deferral is to protect the interests of the family. The Supreme Court highlighted the possibility of rehabilitating convicts without complete isolation from society.
“Considering the perpetrator`s personal profile, the classification of her actions as a serious crime against an individual under Article 111, Part 4 of the Criminal Code of the Russian Federation, does not preclude the application of a sentence deferral under Article 82 of the Criminal Code of the Russian Federation, provided that the prison sentence for this crime does not exceed five years,” the judicial review states.
Although this specific case concerns a mother, it is worth noting that Article 82 of the Criminal Code of the Russian Federation also applies to single fathers, ensuring equitable consideration for all single parents.
This case was included in the judicial practice review to ensure uniformity in the application of legislation across the country, thereby setting a clear precedent for future decisions by other courts.
This review marks the first such document published by the Supreme Court of the Russian Federation under the chairmanship of its new head, Igor Krasnov, signaling a potentially new direction in judicial policy concerning parental responsibilities.
