آزادی مشروط در دعاوی کیفری چیست؟
ژانویه 15, 2020
دعاوی حقوقی اقرار چیست ؟
ژانویه 22, 2020
شرایط آزادی مشروط در دعاوی کیفری
در دعاوی کیفری برای طی شدن مرحله های آزادی مشروط در دعاوی کیفری نیازی نیست
مجرم شخصا رضایت شاکی خصوصی را جلب کند زیرا دادگاه کیفری در این مورد تصمیم می گیرد و حکم صادر می کند.
اما محکوم باید تا جایی که می تواند ضررهای مالی وارد شده را پرداخت کند و یا راهی را برای پرداخت این ضررها پیدا کند تا به مرور پرداخت شود.
بر اساس قانون مدت زمان آزادی مشروط بر اساس زمان باقی مانده از مجازات حبس تعیین می شود.
بنابراین اگر کسی بر اساس شکایت کیفری که از او شده و به سه سال حبس محکوم شده است، بعد از مدت یک سال
می تواند بر اساس تصمیم ها و تکلیف هایی که از طرف دادگاه تعیین شده از آزادی مشروط استفاده کند
و دو سال زمان باقی مانده اش را به صورت مشروط طی کند.
به طور کلی مدت زمان آزادی مشروط بین یک سال تا پنج سال است و بیشتر از پنج سال نیست .
در صورتی که فردی مشمول آزادی مشروط شده باشد و کم تر از یک سال از حبسش باقی مانده باشد همان مدت را به صورت مشروط می گذراند.
در گذشته بر اساس قانون های دعاوی کیفری تقاضای آزای مشروط باید به پیشنهاد زندان انجام می شد و تایید یا عدم تایید ان بر عهده دادستان یا دادیار ناظر زندان بود.
اما در حال حاضر با توجه به تغییرات اعمال شده در قانون آزادی مشروط توسط دادستان یا قاضی پیشنهاد داده می شود.
در این حالت رییس زندان هم یک گزارش جامع و شامل از وضعیت محکوم تهیه می کند
مضمون این گزارش حسن نیت و رفتار مناسب زندانی است و این که او در صورت آزاد شدن مرتکب جرم دیگری نمی شود.
قاضی اجرای احکام هم باید آزادی مشروط محکوم را بعد از احراز شرایط موجود به دادگاه بدهد تا دادگاه بعد از بررسی شرایط و وضعیت حکم مربوطه را صادر کند.
برای مشاوره در دعاوی کیفری و دریافت اطلاعات بیشتر در این زمینه با ما تماس بگیرید.
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