How many murderers, rapists, and bribe-takers has the "Savchenko Law" released? Research.
And why does this law contain corruption risks?
Thanks to the so-called "Savchenko Law," approximately 900 people convicted of premeditated murder and over 100 people convicted of rape were released. Due to the humane legislation, their prison sentences were reduced by an average of almost two years.
The government will soon initiate amendments to or the complete repeal of the "Savchenko Law," Prime Minister Volodymyr Groysman announced. "I believe that the law submitted to the Ukrainian parliament, which simplified criminal liability (…), has enabled tens of thousands of criminals to be released today (…) the majority of these people were released under the 'Savchenko Law.' These people are being released, and they will (again) kill, rob, rape, and so on," the prime minister stated.
Thanks to the implementation of this law, at least 7000 convicts have already been released, and by the end of the year their number should exceed 30,000.
Transparency International Ukraine and the website "First Instance" analyzed the Unified Register of Court Decisions for the application of the so-called "Savchenko Law," which came into effect in December 2015, to particularly dangerous criminals.
As is known, it provides for the inclusion of the time spent in pre-trial detention facilities in the sentence of criminals with a coefficient of 1:2 (one day of pre-trial detention is equivalent to two days spent in places of imprisonment).
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Information:
The Law of Ukraine "On Amendments to the Criminal Code of Ukraine Concerning the Improvement of the Procedure for the Court to Count the Term of Pre-trial Detention as a Sentence" (referred to in the media as the "Savchenko Law," after its author, MP Nadiya Savchenko) entered into force on December 24, 2015.
The Ukrainian Penitentiary Service previously informed Transparency International Ukraine that it only has general data on the number of convicts released from prison due to the aforementioned legislative changes.
According to the Penitentiary Service of Ukraine, from December 26, 2015, to June 3, 2016, 6420 people were released from prison. At the same time, 38933 prisoners had their sentences reduced.
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But government agencies refused to provide details: until now, it was unknown how many of those released under the "Savchenko Law" were sentenced for murder, rape, or other crimes. Neither the Judicial Administration, nor the Prosecutor General's Office, nor the Penitentiary Service have provided relevant information.
Transparency International Ukraine and the website "First Instance" obtained this data through their own analysis of the court registry. The study covers the period from December 2015 to August 2016.
1000 murderers and rapists
According to the data received, during this time, about 900 people were released who were convicted of premeditated murder (Article 115 of the Criminal Code of Ukraine), premeditated murder in a state of strong emotional distress (Article 116 of the Criminal Code of Ukraine), premeditated murder of a newborn child by a mother, and premeditated murder in excess of the limits of necessary self-defense (Article 118 of the Criminal Code of Ukraine).
According to the sentences, the average prison term for these individuals was approximately 11 years (10 years and 10 months). After recalculation, their time behind bars decreased by an average of almost two years (by 1 year and 8 months).
The procedure for releasing a person convicted under the Savchenko Law is as follows:
a petition is submitted to the court to include the period of pre-trial detention in the sentence;
If, as a result of the recalculation, the actual term of punishment served is equal to or exceeds the term imposed by the court verdict, the convicted person is subject to immediate release.
Despite the double-counting of pretrial detention, many of those released under the "Savchenko Law" are still serving their sentences. At the same time, Ukrainian law provides for the possibility of parole after serving two-thirds or three-quarters of their sentence, if the offender has demonstrated their rehabilitation through conscientious behavior and work ethic. Several hundred people convicted of crimes against life have been released from prison in this manner. Along with the double-counting of their pretrial detention, prison officials provided them with positive references—a key argument in court for release from earlier sentences.
Overall, thanks to the Savchenko Law, three dozen people did not serve their full sentence of 4 to 6 years, about 80 people did not serve their full sentence of 3 to 4 years, and more than 200 people did not serve their full sentence of 2 to 3 years.
Who was released?
It's worth noting that among this category of criminals—those convicted of premeditated murder—more than 130 had previously been sentenced to 15 years in prison or more. These are criminals who committed serious crimes and received severe sentences. It can be argued that they were luckier than other criminals, as their sentence reductions (including pretrial detention) were greater than those of others (on average, for murderers previously sentenced to 15 years or more, the sentence was reduced by 2 years and 2 months). This may be explained by the fact that serious crimes often require more time to investigate, and, accordingly, suspects spend longer periods in pretrial detention facilities.
Among those released are even rapists who tried to kill or killed their victims.
Here, for example, is a description of one of the following crimes: "... continuing his criminal actions, the convicted person violently raped (the victim) and satisfied her sexual desires in an unnatural manner, causing her serious bodily harm. In order to conceal the crimes committed, Individual 1 bound the victim's legs and turned on the gas. However, he did not carry out his intent to kill for reasons beyond his control..."
Thanks to the application of the Savchenko Law and the parole mechanism, this criminal, previously sentenced to 12 years, had his prison term reduced by 2 years.
Does the Savchenko Law pose corruption risks?
According to Transparency International Ukraine, there are several grounds for concluding that corruption risks exist. This is supported by the statistics obtained and the release mechanism under the Savchenko Law.
The fact is that the average reduction in sentence length varies significantly across the country's regions. In some cases, the difference is approximately 50%.
For example, in 2016, the Voznesensky City and District Court of Mykolaiv Oblast reduced the sentences of convicted individuals (using the "Savchenko Law") by an average of 2 years and 4 months. The average sentence imposed on them was 10 years and 8 months.
At the same time, the Bogunsky District Court in Zhytomyr reduced their sentences (using the Savchenko Law) by an average of 1 year and 5 months. The average sentence imposed on them was almost the same as in the Voznesensky District Court—10 years and 7 months. This means that in Zhytomyr, the actual reduction in sentences was not as significant as in Voznesensk.
How those convicted of crimes against life were released in some regions
Explanations to the table:
According to the letter of the High Specialized Court of Ukraine for Civil and Criminal Cases dated January 11, 2016, the issue of including the period of pretrial detention during the execution of a sentence, taking into account the provisions of Part 6 of Article 9 of the Criminal Procedure Code of Ukraine, should be decided by the local court within whose territorial jurisdiction the sentence is being executed.
Several dozen courts, including appellate courts, have decided to include time served in pretrial detention as part of the main sentence for those convicted of murder. At the same time, some have released (thanks to the "Savchenko Law") 20 or even 30 convicts. This is explained by the courts' territorial jurisdiction.
This difference is explained by several factors, including the number of people convicted of specific crimes in each penal colony. However, more important factors should also be considered. Early release does not occur automatically when the sentence served equals or exceeds the sentence imposed by the court (as a result of the application of the "Savchenko Law"). The cases of criminals who qualify for the application of the "Savchenko Law" and parole (because they have served three-quarters or two-thirds of their sentence) are referred to the court by the penal colony administration.
For example, the Illichivsk District Court of Mariupol, citing legislation and the "Instructions on the Work of Departments (Groups, Senior Inspectors) of Penitentiary Institutions and Pretrial Detention Facilities for Monitoring the Execution of Court Decisions," approved by the Order of the State Department of Ukraine for the Execution of Sentences, recently denied the release of a convicted person who, thanks to the "Savchenko Law," was eligible for immediate release from prison. The court explained the refusal by citing that "release from serving a sentence, if it has already been served, including taking into account the term of pretrial detention, must be carried out by the institution where the convicted person is serving their sentence."
This means that it is in these institutions, not in the courts, that the fate of the convicted person is decided. And it is there that bureaucratic obstacles to the release of convicted persons (using the Savchenko Law) can arise when legal grounds for it already exist. Examples indicate that the approach in penal colonies differs. In some cases, prison officials provide a detailed characterization of the convicted person, which is important when the court decides on parole (including when applying the Savchenko Law), while in others, they limit themselves to laconic formulations.
For example, the head of Dneprodzerzhinsk Correctional Colony No. 34 explained the right to release a convicted person in the Zavodskoy District Court of Dneprodzerzhinsk with a number of arguments: “... shows socially useful initiative in the life of the department, is responsible for the territory adjacent to the department, actively organizes and carries out work on cleaning the territory.
She has completed the full course of lectures required by the differentiated educational program in the areas of "Spiritual Revival" and "The Role of Women in Human History." She is a 10th-grader at Dniprodzerzhynsk Comprehensive School (No. 31), an evening school, as part of the "Education" program. She is currently enrolled in the differentiated educational program in the area of "Preparation for Release." She has received commendations on January 18, 2011, and December 31, 2013. She has no disciplinary actions.
For their part, the administration of Olshansky Correctional Colony No. 53 was more laconic in its response to its convict. In a petition for his dismissal, filed with the Nikolaevsky District Court of the Nikolaevsky Region, representatives of the penitentiary service merely noted: "...he has a positive attitude toward work and has proven his rehabilitation..."
Based on the results of their analysis of the application of the "Savchenko Law," Transparency International Ukraine and the website "First Instance" identified over 120 decisions to release individuals convicted of rape (Articles 152 and 153 of the Criminal Code of Ukraine). The average prison term for these individuals, as determined by courts, was 8 years and 3 months. At the same time, the humanization of the legislation allowed them to reduce their time behind bars by an average of 18 months.
Thanks to this same law, a dozen and a half people convicted of bribery were released. The average prison term (according to court verdicts) for them was approximately six years, while the average time spent behind bars after pretrial detention was also reduced by an average of 1,5 years.
As is known, the first deputy chairman of the National Police, Vadim Troyan (Read more about it Tsikavy facts about the new V.O. Heads of the National Police: who is Vadim Troyan?) recently announced that 34 prisoners are to be released in 2016, in accordance with the law "On improving the procedure for the court to include pre-trial detention in the sentence term," better known as the "Savchenko law."
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Source: first instance
Translation: Argument
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