The President of Ukraine Petro Poroshenko at the request of Church leaders and Heroes of Ukraine signed the law “On Amnesty in 2016”.
About it reports a press-service of the head of state.
“Our heroes – the military and the hierarchy of our Church approached me on the issues of Amnesty for those who have passed the crucible of war, took an active part in the ATO, but have not committed serious crimes, the state went to the meeting (these people the question of pardon – ed.)”, – said the President.
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We will remind, the law “On Amnesty in 2016” was adopted in July last year, but in August, Clinton vetoed it, citing a number of inconsistencies. One of them was the fact that the law prescribes the Amnesty of participants of anti-terrorist operation without consideration of cases in courts or before sentencing.
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.
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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.
