Those convicted of minor crimes of ATO participants may be released

Poroshenko has signed the law “On Amnesty in 2016”

President Petro Poroshenko has signed the law “On Amnesty in 2016”, according to which the participants of the ATO convicted of minor crimes can be released.

As announced on 2 September, the press service of the President, this Poroshenko said during a meeting with hero of Ukraine and the Orthodox churches.

According to Poroshenko, it appealed to soldiers and leaders of churches on the issue of Amnesty for those who took an active part in the ATO, but did not commit serious crimes, the state went to the meeting with the military in the issue of pardons.

As is known, the Verkhovna Rada on 22 December 2016, supported the bill No. 4255 “On Amnesty in 2016,” taking into account proposals of the President.

According to the law from serving the penalty of deprivation of liberty may be excepted persons found guilty of committing a deliberate crime that is not serious or particularly serious, and guilty of negligently not particularly serious crimes.

In addition, Amnesty to individuals, to criminal proceedings in respect of which these cases were considered by courts, but the sentences against which has not entered into legal force, if these persons at the time of Commission of crime were minors, pregnant women, parents of minors children, children with disabilities. Pardoned may be persons who have not yet entered into force sentences of courts, if they are invalids of I-III groups or sick with active TB, cancer, AIDS.

The law provides Amnesty for participants of hostilities, persons who defended the independence, sovereignty and territorial integrity of Ukraine directly involved in ATO – combatants and war invalids.

From punishment for individuals found guilty, and for which there are court decisions, but they are not in force, for not of a particularly serious crime, if this is not the actions envisaged by the provisions of articles 408, 410, 411 of the Criminal code (section relating to crimes against the established order of military service), if they were defending the sovereignty, independence, territorial integrity of Ukraine, participated in the ATO, received the status of combatants.

The main criteria for the application of the Amnesty, according to the document, is a minor social danger of the crimes committed by people serving sentences, as well as objective factors – serious illness, old age.

The law defines a category of prisoners to whom the Amnesty does not apply: to persons “who have committed grave and especially grave crimes, as well as to persons who committed a crime using his official position (corruption)”.

A number of limitations, application of Amnesty, in particular it cannot be applied in respect of a person who committed a crime against the foundations of national security.

The law shall enter into force on the day following the day of its publication and is to be executed within three months.

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