The Human Rights Ombudsman, in connection with the receipt of applications from the relatives of convicted persons with a serious illness, explains the legal grounds for exemption from further serving the sentence imposed by the court.
In accordance with Part 1 of Article 435 of the CPC DPR, if a person sentenced to imprisonment, while serving a sentence, a mental disorder has appeared that deprives him/her of the opportunity to realize the actual nature and social danger of his/her actions (inaction) or to direct them, or the person has fallen ill with another serious illness preventing serving the sentence, the judge of the district (city, interdistrict) court, upon the proposal of the administration of the penitentiary institution, on the basis of the conclusion of the medical commission, has the right to make an order for the release this person from further serving the sentence.
According to Part 3 of Article 435 of the CPC DPR, if a person sentenced to correctional labor or a fine has a mental disorder or other serious illness that has appeared, the judge in all cases make an order for the release him/her from further serving the sentence.
Thus, the decision of the issue of releasing a convicted person from serving a sentence in connection with a serious illness is the exclusive competence of the court of the Donetsk People’s Republic.
It should be noted that the aforementioned legal mechanism for releasing a convicted person from punishment does not exclude obligations of the responsible officials to take response measures to treat serious illnesses of convicts who are in penitentiary facilities. If a convicted person has a serious illness that has appeared, he/she is provided with the necessary medical assistance. However, if the nature of the disease, despite the measures taken for its treatment, prevents the convict from further serving his/her sentence, the administration of the State Penitentiary Service of the Ministry of Justice of the DPR initiates the issue of releasing the said person.