Actor Mikhail Efremov may be released at the end of May – beginning of June. The actor will apply for parole at the end of March, his lawyer Yuri Padalko told Izvestia. After this, the court must consider his request within approximately two months. Chairman of the Moscow Public Monitoring Committee Georgy Volkov said that the administration of correctional colony No. 4 in the Belgorod region, where Efremov is serving his sentence, has already approved the possibility of his parole. However, there is also a scenario in which the actor remains in prison, lawyers believe. Izvestia looked into which of these options is most likely.
When will Mikhail Efremov be released?
Mikhail Efremov, sentenced to 7 and a half years for a fatal accident, may be released at the end of spring – he plans to file a petition for parole at the end of March, said the actor’s lawyer Yuri Padalko.
On March 4, the chairman of the Moscow Public Monitoring Committee, Georgy Volkov, told Izvestia that the administration of correctional colony No. 4 in the Belgorod region, where Evremov is serving his sentence, has already approved the possibility of his parole.
“The information is correct,” he said. — The colony actually supported the petition. Now it's up to the court.
But Yuri Padalko noted that the information that Mikhail Efremov had already submitted some kind of petition was not true. According to him, the deadline for applying for parole for his client will not come until a few weeks later.
“We couldn’t file it before by law,” he said. “And then it will be considered at all levels.” And the colony will also first consider it and give its conclusion, after which it will send the case to court.
The FSIN department for the Belgorod region also reported that Efremov’s request for parole was not received by the court.
“The information about the appeal of the convicted Mikhail Efremov to the Alekseevsky District Court of the Belgorod Region with a request for parole does not correspond to reality,” says the official website of the department.
The lawyer for the family of Sergei Zakharov, Alexander Dobrovinsky, told Izvestia that earlier friends of Mikhail Efremov came to him and asked him to “put in a word” for Efremov in front of the relatives of the deceased. They asked about their position on the actor’s parole – whether Sergei Zakharov’s relatives would object to this step. The court takes her into account when considering a request for parole, lawyers explained to Izvestia.
“This is a very difficult decision, to forgive or not to forgive a person who actually took the life of her husband, father,” said Alexander Dobrovinsky.
According to him, he conveyed the proposal of representatives of Mikhail Efremov to the wife and son of the deceased Sergei Zakharov. After which they took a break to think about everything.
— Margarita Zakharova recently announced her and her son’s decision. “We are preparing it now,” the lawyer added, but did not specify what kind of decision this was.
Believe in correction
Convicts have two ways to apply for parole, Igor Ivlev, head of the law firm Parole Institute, told Izvestia.
“The first is through a lawyer, who sends him directly to court,” he said. – The second is when the convict asks for this through the administration of the colony. In both cases, it is the administration that forms the commission, which decides whether to support or not support the petition. But, according to the law, the court is not bound by the opinion of the prison administration and, based on the totality of positive data characterizing the prisoner’s behavior, can satisfy his request without the support of the colony.
The fact of compensation for damage caused by the crime is important, according to the lawyer. The law obliges compensation for damage at least partially – and the main thing here is the regularity of payments in favor of the victims.
— After the colony commission makes a decision on the petition, the prisoner’s personal file with data on behavior is sent to the court, which must set a date for the trial within 30 days and within a month after that the trial must take place.
When considering such petitions, in addition to the opinion of the correctional institution, the court also listens to the opinion of the prosecutor, who may or may not support the petition, added Anton Sonichev, partner of the law firm Sonicev, Kazus and Partners.
“That is, the approval of a correctional institution is not a guarantee that parole will be approved in court, but it increases the chances of this,” the expert noted. “There are also cases when the colony supports it and the prosecutor does not object, but the court still refuses.
Considering that Efremov behaved positively in the colony and most likely compensates for the damage regularly, his chances of leaving early are very high, says Igor Ivlev. After the petition, the material will be sent to the Alekseevsky Court of the Belgorod Region, added lawyer of the St. Petersburg City Bar Association Mikhail Borisov. If the request is granted, a decision is made that comes into force within 15 days.
“In the case of compensation for damage to the victim, I see no obstacles to refusing the application for parole, taking into account Mikhail Olegovich’s age and attitude towards the crime,” he emphasized.
Earlier, the wife of Valery Zakharov, the brother of Sergei who died in an accident, expressed the hope that the actor understood everything and learned a lesson for himself. She also noted that monetary compensation was fully paid to the family of the deceased.
“Be fluffy and cross stitch”
If the court of first instance makes a positive decision, then, according to Igor Ivlev, the actor can be released on the 16th day – if none of the parties to the case files an appeal. But if the court refuses, Efremov himself can challenge this decision on appeal. In this case, he will have to remain in the colony until the court considers his complaint. And if the result turns out to be positive, he will be released on the day the decision is made – immediately, without waiting 15 days.
Earlier, the media wrote that during his time in prison, Efremov received two penalties. This may have a negative impact on the court’s decision, says Svetlana Grimalskaya, associate professor of the department of international and public law at the Faculty of Law of the Financial University under the Government of the Russian Federation.
“The basis for making a decision on parole is the court’s recognition of the fact that the person has reformed while serving his sentence,” she said. — Since the crime committed by Efremov is serious, for a successful parole he must serve half of his sentence, be white and fluffy, be able to cross-stitch on a typewriter and have no penalties.
The fact that Efremov led a theater group in the colony and staged performances with prisoners could be taken into account by the court as a positive point, the lawyer pointed out. The court will consider all these points – positive and negative – together. And on their basis he will come to a conclusion about whether he has corrected himself or not.
“The colony doesn’t make any decisions, it just draws up a profile,” said the lawyer.
According to Georgy Volkov, if the court does not grant Efremov’s request for parole, the actor will be able to file a petition to change the sentence to forced labor and move from the colony to a correctional center. This will mean a lighter sentence.
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