Petition for mitigation of punishment for an administrative offense

Published Thu 10/17/2019 - 13:46 by Guest (not verified)

Hello! Help draw up a petition to the magistrate from your place of work on the topic of showing leniency in making a decision, because the work involves a personal car and deprivation of rights will complicate the work process and professional activities. something like this. thank you in advance

Hello Vitaly!
This should be a petition for mitigation of punishment for an administrative offense, in which the employer must give you a description and provide arguments for mitigation of the punishment.
You must submit this petition in court; it will be a mitigating circumstance. Here is an example of such a petition.

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Filing a petition to the court for mitigation of punishment

The judicial system is not perfect, so there are often cases where unfair decisions are made. If the accused believes that the sentence determined by the court is too harsh, then he can file a petition to commute the sentence, change it, or pardon the citizen.

Reasons for appeal

The preparation of a petition can only be approached after the exact grounds for mitigation of the sentence have been determined. These could be:

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primary crime;
juvenile offender;
the convicted person or his close relatives have severe physical illnesses;
other detailed reasons.

The grounds themselves can be supplemented depending on:

type of case;
individual characteristics of the offender;
his actions.

Features of mitigation of punishment

When filing a petition for commutation of punishment, it is important to indicate reasoned and clear grounds that will be sufficient for a pardon. The completed application is sent for consideration to the president, who is replaced by a special commission created to resolve such issues.

Statistics show that hundreds of thousands of people get what they want - the sentence is commuted or the accused is pardoned altogether. But if the commission is not competent to consider a particular petition, then it is rejected without consideration.

A request may be rejected if:

The verdict did not come into force.
The citizen was sentenced to detention, while he remains in prison for less than half of the term.
A particularly serious crime was committed, for which there are no mitigating circumstances to cancel the punishment.
Filing an application due to disagreement due to the injustice of the court decision with a request for its complete cancellation.

For an administrative offense

The petition for mitigation of punishment for an administrative offense is based on the points specified in Article 4.2. Code of Administrative Offenses of the Russian Federation. For example, a petition may be submitted to the tax office to reduce the fine or to change the decision of the traffic police to deprive of rights to another punishment.

The law defines ten signs of mitigating circumstances:

The culprit admitted his guilt and repented.
Illegal acts no longer occur after the defendant becomes aware that the law has been violated.
The offender independently reported the offense.
The accused assisted the investigation, presented facts and evidence of violations.
The consequences of the violation were voluntarily eliminated.
Damage is compensated on a voluntary basis.
The damage caused was eliminated before a decision was made on the case under consideration.
If the accused acted in a state of passion, this will require a medical and psychiatric examination.
The offender is a pregnant woman.
The offender is a minor.

The list of conditions may be supplemented in accordance with Part 2 of Article 4.2. Code of Administrative Offenses of the Russian Federation. The main condition for accepting the basis is full compliance with the law.

In a criminal case

Features of mitigation of punishment in a criminal case depend on various circumstances. Most often they are applied to women and adolescents, although they can be used to mitigate sentences for other categories of citizens.

Read the article about the procedure for changing the preventive measure.

All circumstances are divided into:

General – applicable to any convicted person, regardless of his personality.
Individual – applicable only to specific individuals, based on the individual and circumstances:

women can count on mitigation in case of pregnancy - this is due to changes in hormonal levels, which have an unpredictable effect on the human psyche;
minor citizens can count on leniency due to the unfinished process of forming the boundaries of what is permitted, ignorance of moral standards and other reasons that make the child’s actions unconscious; if a minor from 14 to 18 years old has mental problems, then he can also count on leniency in accordance with Part No. 1 of Article No. 61 of the Criminal Code of the Russian Federation.

The remaining grounds for recognizing the possibility of mitigation of punishment are suitable for all categories of citizens, regardless of gender, social status and other parameters.

Other grounds established by law (Part No. 1, Article No. 61 of the Criminal Code of the Russian Federation):

the accused is the parent or guardian of a child under 14 years of age who can only be cared for by the offender;
the crime was committed in order to solve problems from which it was impossible to find another way out;
compassion for the hardships of others;
the crime was committed under pressure or coercion;
the accused is dependent on another person;
excessive zeal in self-defense or execution of an assignment, while the accused did not want to harm the other party;
immoral behavior on the part of the victim or other type of provocation;
guilty on the part of the criminal after the verdict;
the criminal leveled his guilt in some way (provided first aid, reimbursed material costs, transferred funds to repay the damage caused).

After a motion with compelling reasons is submitted, the case is referred for consideration.

How to draw up and write a petition

The petition must be drawn up in accordance with several rules:

The application should not be long and informative; the petition must convey the main idea and provide evidence of the existence of grounds for mitigating the sentence.
The text of the application must be drawn up in accordance with the rules for drawing up a business document: it is necessary to avoid common phrases and words, and eliminate emotional overtones.
The text should not have grammatical errors, abbreviations or false information.

Sample 2019

From whom can the petition come?

The petition can be filed not only by the accused person, but also by other participants in the case, for example, from the wife. Even society can come to the defense of the accused, the main thing is that there is solid evidence of the reason for the pardon.

From the organization (from the place of work)

A petition to the court from an organization is drawn up in accordance with the requirements for the main points:

Details of the authority that will consider the application.
Applicant details.
Information about the violation.
Grounds for mitigation of sentence.
Petition for mitigation of sentence.
List of attached documents.
Date, signature and transcript.

From neighbors

One example of a collective petition is a statement from neighbors. It is an additional document that is attached to the main application. To receive a positive response, it is necessary to collect as many signatures as possible; consent from respected citizens will be especially valuable.

From the workforce

To draw up an application on the part of the labor collective, it is necessary to indicate in the application:

a short description of the offender;
his professional achievements.

Each participant must sign and provide a transcript. Consent from the company's management will have a positive effect.

When can I submit?

You can submit a petition only after the court decision has entered into force . There are no further time limits. Only according to Article No. 79 of the Criminal Code of the Russian Federation, filing an application for parole can be made only after three-quarters of the term has expired (for example, if a citizen is sentenced to 8 years, then the application can be submitted 6 years after imprisonment).

Read about the procedure for reclassifying a civil case in the article.

How to write a response to a petition? Details at the link.

After the application is submitted, it is sent for consideration by the commission. If there are sufficient grounds for mitigating the sentence, then the punishment will soon be changed. In case of refusal, a repeated application is possible only after six months , in accordance with Part No. 10 of Article No. 175 of the Penal Code of the Russian Federation.

Video report on the topic

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Petition for mitigation of administrative fine

Hello! We are a budgetary institution, a legal entity was held liable under Part 4 of Art. 7.32.3. Please tell me how to write a petition for mitigation of administrative liability. if the offense is committed for the first time.

Of course it is possible, even necessary. Indicate your financial situation and other circumstances, if any.

In accordance with Part 3 of Art. 4.1 of the Code of Administrative Offenses of the Russian Federation, when imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by it, the property and financial position of the legal entity, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

Article 4.2 of the Code of Administrative Offenses of the Russian Federation names 10 types of circumstances mitigating administrative liability.

Repentance of the perpetrator
In order for repentance to be counted as a mitigating circumstance, the simultaneous presence of 2 factors is necessary:
full admission of guilt in the charged offense;
negative assessment by the perpetrator of his actions.
Important: awareness of the inadmissibility of such behavior, the offender’s negative attitude towards the committed act must be a consequence of the personal assessment of the perpetrator.
Repentance under the influence of coercion or fear of punishment is not recognized as a circumstance mitigating administrative liability. Termination of illegal actions
Refusal to continue the offense will allow the punishment to be mitigated only if the condition of voluntariness is met.
That is, if the perpetrator voluntarily stopped his actions, realizing their illegality. For example, when committing petty theft, the offender voluntarily returned the stolen item to its place. Important: if it is impossible to complete illegal actions for reasons beyond the will of the perpetrator (detention by security personnel, law enforcement officers, etc.), the incompleteness of these actions is not a basis for mitigating the punishment.
Reporting a committed offense
Voluntary reporting by the perpetrator of the offense he has committed to law enforcement agencies is unconditionally recognized as a circumstance mitigating administrative liability.
Important: the report must take place before the violation became known to representatives of the competent structures.
Assistance to the “investigation”
This circumstance, mitigating administrative responsibility, has a second, unofficial name - active repentance.
In other words, in order to earn leniency, the perpetrator must assist law enforcement agencies in establishing the circumstances and details of the offense committed. Example: voluntary provision of evidence, including material evidence, identification of eyewitnesses to the offense, etc.
Preventing consequences
Can be expressed both in preventing harm caused by the offense and in eliminating it.
The main thing is that the initiative comes from the culprit himself. Example: voluntary assistance to the victim.
Compensation for damage
Here, voluntariness is also of fundamental importance - that is, the offender, of his own free will, must repay the damage he has caused or make amends for other harm.
Example: an apology to the victim of insults, reimbursement of expenses for restoring broken glass, etc. Elimination of
a violation
A circumstance mitigating administrative liability, provided that the offender eliminates the violations he committed before making a decision on the case.
Example: returning a premises to its original form after illegal redevelopment.
Affect of the perpetrator
It is possible to establish the fact of committing a violation in a state of passion, that is, strong emotional excitement, only by expert means.
That is, circumstances mitigating administrative responsibility are taken into account in this case on the basis of the conclusion of a psychiatric examination. An exception is difficult personal circumstances, the presence of which can be proven in another way, for example, through testimony.
Pregnancy of the perpetrator
To mitigate the punishment in this case, it is enough to provide a certificate of pregnancy.
The mother of a young child (under 14 years old) can also count on leniency. Minority of the perpetrator
In this case, the legislator proceeds from the offender’s lack of sufficient life experience, the likelihood of committing an offense under the influence of falsely understood authorities and values, etc. Important
: by virtue of Part 2 of Article 4.2 of the Code of Administrative Offenses of the Russian Federation, the list of circumstances mitigating administrative responsibility listed in Part 1 of the same norm is not exhaustive.
That is, when assigning a punishment, other conditions not provided for by law may be taken into account. Circumstances excluding administrative liability
The Code of Administrative Offenses of the Russian Federation does not contain a rule summarizing all the circumstances and conditions under which bringing to administrative liability is impossible.
However, certain provisions of the law still make it possible to list the grounds for exemption from punishment: commission of an offense by a person under 16 years of age (by virtue of Article 2.3 of the Code of Administrative Offenses of the Russian Federation, responsibility begins precisely from this age);
the insanity of the perpetrator (as well as affect is established through a psychiatric examination and, according to Article 2.8 of the Code of Administrative Offenses of the Russian Federation, is an unconditional basis for exemption from liability);
expiration of the statute of limitations (in accordance with Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations, depending on the category and severity of the offense, can range from 2 months to 6 years);
extreme necessity (offenses committed in conditions of a threat to life, health or other legitimate interests of both the guilty person and other persons, by virtue of Article 2.7 of the Code of Administrative Offenses of the Russian Federation, do not entail liability).
In addition, a legal entity may be exempt from punishment if the rule of law under which it is prosecuted provides for liability exclusively of individuals.

BUT, from my own experience, I will say that under contractual clauses the liability will be standard, and this is the minimum amount of the fine, if for the first time. The only way to get away with less losses is to write a petition to involve only an official, without involving a legal one, indicating that this violation was caused by improper performance of duties by the official.

If they brought you in, they already issued a decision and imposed a fine. In what size? If it’s the minimum (10 tr.), then appeal to the court and ask to cancel the adm.’s decision. authority, citing the insignificance of the offense committed and the lack of consequences, on the basis of Art. 2.9 of the Administrative Code, if not the minimum, then ask for at least a reduction if Art. 2.9,

Petition to reduce the fine for an administrative offense

A petition to reduce the fine for an administrative offense is submitted on the grounds specified in the Code of Administrative Offenses of the Russian Federation. You can achieve a more lenient punishment in several ways - by replacing it with another sanction, confirming mitigating or exceptional circumstances. We will talk about this in the presented material.

How can an administrative fine be reduced?

Initially, a fine in an administrative case is imposed within the limits of the sanction under the article of the Code of Administrative Offenses of the Russian Federation. If the article provides for minimum and maximum fines, the final amount will be determined by the court or another government department. The exact amount of the penalty will be influenced by many factors, from the degree of guilt to the presence of mitigating circumstances.

The grounds for penalties or replacement with another type of coercive action are regulated by Articles 4.1-4-2. Code of Administrative Offenses of the Russian Federation.

For protection, you can use the following options:

present and prove the presence of mitigating circumstances (their list is not limited by law);
submit a petition to replace the fine with a more lenient type of sanctions, i.e. for warning;
submit a petition to impose a sanction below the minimum amount provided for by the norm of the Code of Administrative Offenses of the Russian Federation (this is possible only in the presence of exceptional factors).

It is impossible to guarantee a positive decision on the application. The legal grounds for reducing the amount of an administrative fine will be assessed by a court, other body or official. Therefore, you may be faced with a subjective assessment of the arguments and evidence presented, which will lead to the refusal of the application.

Procedure for reducing fines

A petition or application for a reduction or replacement of a fine must be submitted before a decision is made on the merits. In some cases, it is permissible to do this after the punishment has been imposed with a ruling.

A fine can be replaced with another type of sanctions only in the following cases:

if a fine is imposed against an individual entrepreneur, enterprise or employee based on the results of control or supervisory inspections of authorized bodies;
if these categories of violators are classified as small and medium-sized businesses;
if the indicated guilty persons committed an administrative offense for the first time;
if the list of main sanctions did not include a warning.

For certain types of illegal actions, directly recorded in Art. 4.1.1 of the Code of Administrative Offenses of the Russian Federation, such replacement is not allowed.

In order to achieve the imposition of a fine in the minimum amount (within the sanction of the Code of Administrative Offenses of the Russian Federation), the following facts can be referred to in the petition and evidence:

mitigating factors - repentance for the offense committed, voluntary cessation of the violation, assistance in the investigation, prevention of harmful and negative consequences, state of passion, other circumstances (an approximate list of such factors is indicated in Article 4.2 of the Code of Administrative Offenses of the Russian Federation);
the presence of not only guilt, but also the influence of random circumstances (for example, if the traffic violation was also influenced by force majeure);
the presence of guilt of other persons in the committed offense (for example, mutual guilt in a road accident).

The court or other body considering the case cannot go beyond the minimum punishment under the article that is charged for violating the law. However, if the list of punishments includes a warning, you can choose it as an alternative to a fine.

Another option for protecting rights is to prove exceptional factors under Art. 4.1 Code of Administrative Offenses of the Russian Federation. In this case, you can even go beyond the minimum amount of a punitive sanction. For example, if the norm of the Code of Administrative Offenses of the Russian Federation specified the minimum fine of 2,000 rubles, due to exceptional factors it can be reduced even lower. Although in Art. 4.1 of the Code of Administrative Offenses of the Russian Federation does not provide a list of such factors; they can be traced from judicial practice:

if this follows from the nature of the offense (for example, if the culprit tried to prevent more serious consequences and deliberately violated the law);
if the identity of the culprit allows the fine to be reduced without any consequences for the public interest (for example, if the culprit is a pensioner awarded many orders and medals for impeccable work);
if the property status of the culprit allows it (for example, if before the decision was made, all the property of the culprit was destroyed as a result of a natural disaster).

These factors can be taken into account individually or in combination.

To what extent can an administrative fine be reduced in exceptional circumstances ? The answer is contained in Art. 4.1 Code of Administrative Offenses of the Russian Federation - no more than 50% of the original amount of the fine .

It is also necessary to take into account that the reduction rule can be applied if the original punishment exceeded 10 thousand rubles. (for citizens), or 50 thousand rubles. (for enterprises).

Petition for mitigation of punishment for an administrative offense

Can I write a petition to mitigate an administrative fine?

Chita 09/04/2017 at 07:46 Good day In accordance with the Russian Federation, you need to provide written explanations, in which you indicate your request in accordance with the Code of Administrative Offenses of the Russian Federation. Good luck to you in resolving your issue. (text edited on 09/04/2017 at 07:50)

Lawyer on the site Rating: 5.6 • reviews: 60,744 • replies: 186,828 • g.

Perm 09/04/2017 at 07:51 You can write today. Code of Administrative Offenses of the Russian Federation, Article 2.9. Possibility of exemption from administrative liability if the administrative offense is insignificant If the administrative offense committed is insignificant, the judge, body, official authorized to resolve the administrative case

Download a sample petition to reduce the amount of the fine

4.1 of the Code of Administrative Offenses of the Russian Federation, the amount of the fine may be reduced to an amount less than the minimum if one or more exceptional circumstances are observed that are associated with:

With the identity of the culprit.
With the nature of the offense and its consequences.
With the property status of the perpetrator.

At the same time, a reduction in punishment is possible only if the amount of the fine under the article of the Code of Administrative Offenses of the Russian Federation exceeds 10,000 rubles.

4.2 Code of Administrative Offenses of the Russian Federation. The person being prosecuted may file a petition with the judge or official hearing the case.

How to properly draft a petition for mitigation of punishment?

Only relying on the norms established by the current legislation and the Constitution of the Russian Federation, the judicial body will make the only correct decision. Concepts and definitions Modern legislation of the Russian Federation gives the right to file a petition to consider the issue of mitigating an already imposed punishment.

Such a document is a petition to the state for the possibility of imposing a more lenient form of punishment for an unlawful act.

Petition for mitigation of administrative fine

September 30, 2015, 09:00 0 0 58 replies 20 reviews Chat Free assessment of your situation Lawyer Free assessment of your situation Article 4.2 of the Code of Administrative Offenses of the Russian Federation names 10 types of circumstances mitigating administrative liability.

Repentance of the perpetrator In order for repentance to be counted as a mitigating circumstance, the simultaneous presence of 2 factors is necessary: a full admission of guilt in the charged offense; a negative assessment by the perpetrator of his actions. Important: awareness of the inadmissibility of such behavior, the negative attitude of the offender towards the committed act must be a consequence of the personal assessment of the perpetrator . Repentance under the influence of coercion or fear of punishment is not recognized as a circumstance mitigating administrative liability. Termination of illegal actions Refusal to continue the offense will allow the punishment to be mitigated only if the condition of voluntariness is met.

Petition to reduce the fine for an administrative offense

The list of such circumstances is contained in Art. 4.2 Code of Administrative Offenses of the Russian Federation. This list is not closed, so the applicant may refer to other grounds, for example, an attempt to eliminate the negative consequences of the offense (resolution of the 10th AAC dated October 8, 2014 in case No. A41-26807/14). a request to the court to reduce the fine. At the same time, you can apply to replace the fine with another type of punishment. The application must also be accompanied by a document confirming the justifications given by the applicant for his position. for an individual, this could be, for example, a certificate from a medical institution confirming the presence of a serious illness or a certificate of registration with the employment service due to lack of work; for a legal entity - documents confirming the financial condition of the organization.>

A petition in an administrative case within the framework of the Code of Administrative Offenses of the Russian Federation can only be submitted in writing (clause

2 tbsp. 24.4 Code of Administrative Offenses of the Russian Federation).

Petition to reduce the fine for an administrative offense

for warning; submit a petition to impose a sanction below the minimum amount provided for by the norm of the Code of Administrative Offenses of the Russian Federation (this is possible only in the presence of exceptional factors). It is impossible to guarantee a positive decision on the application.

The legal grounds for reducing the amount of an administrative fine will be assessed by a court, other body or official. Therefore, you may be faced with a subjective assessment of the arguments and evidence presented, which will lead to the refusal of the application. A fine can be replaced with another type of sanctions only in the following case: if the fine is imposed against an individual entrepreneur, enterprise or employee based on the results of control or supervisory checks

Petition for mitigation of punishment for an administrative offense

Has anyone already encountered the application of this rule?

In this case, in addition to the general mandatory attributes, the said document must indicate: Grounds for reducing the fine.

Legal entities should provide evidence of the existence of exceptional circumstances described in paragraph Reporting a committed offense to government authorities before they themselves discovered it. Providing assistance to officials or a judge by the person involved in establishing the circumstances of the offense that occurred.

Compensation for damage caused by an offense.

Circumstances mitigating administrative liability

This characteristic is taken into account to a greater extent in order to determine whether the offender can pay the fine or not, whether it makes sense to impose an alternative punishment; a list of circumstances mitigating administrative liability, that is, conditions determined by law that make it possible to reduce the imposed punishment or change its type; aggravating circumstances, that is, conditions that do not allow the minimum punishment to be imposed.

Important! When considering a case, law enforcement officers are required to establish all the above circumstances. Without this, objective punishment cannot be imposed. If these factors were not clarified, this is a violation of the rights of the person involved.

The list of circumstances mitigating administrative liability is defined in Part.

1 tbsp. 4.2 Code of Administrative Offenses of the Russian Federation. This provision is entirely devoted to possible factors that may serve as grounds for reducing the imposed punishment.

Petition for mitigation of punishment for an administrative offense

address: _____________________________________, Interested person: ______________________ (name of the authorized body or official) address: _____________________________________, Case N _____________________________ Petition for the imposition of an administrative penalty taking into account mitigating circumstances Case N is being processed by the ___________ district court (option: magistrate judge ____________ precinct N ____) ______________ on bringing the applicant to administrative liability, provided for in Part _______ Art. _______ Code of the Russian Federation on Administrative Offences, for __________________________. According to Part 1 of Art. 24.4 of the Code of the Russian Federation on Administrative Offenses, persons participating in the proceedings on a case of an administrative offense have the right to submit petitions that are subject to mandatory consideration by the judge, body, or official in charge of which the case is being processed.

Filing a petition to the court for mitigation of punishment

The completed application is sent for consideration to the president, who is replaced by a special commission created to resolve such issues. Statistics show that hundreds of thousands of people get what they want - the sentence is commuted or the accused is pardoned altogether. But if the commission is not competent to consider a particular petition, then it is rejected.

A request may be rejected if:

A particularly serious crime was committed, for which there are no mitigating circumstances to cancel the punishment.
The verdict did not come into force.
Filing an application due to disagreement due to the injustice of the court decision with a request for its complete cancellation.
The citizen was sentenced to detention, while he remains in prison for less than half of the term.

The commission was created to consider those petitions that are sent for pardon and commutation of sentences, and not to challenge them.

Rules for drawing up a petition for mitigation of punishment in 2019

The entire application document is based on this calculation.

Only then will it be valid and effective.

The preparation of the application document should begin with familiarization with the conceptual basis. It will allow you to correctly apply certain concepts in your paper: Term Meaning Petition The petition itself carries the goal of introducing changes into the judicial proceedings or the decision on it.

But in any case, they must be based on legislative grounds.

There is the option of a written petition and an oral one. Depending on the situation of consideration, one of the methods of filing and drawing up a Judgment is chosen. A document that is characterized by establishing a framework of punishment for the accused party to the case.

In this case, relying on the current legislation and its provisions regarding the issue is used. International practice on the same issue may also be added. Mitigation of punishment A procedure that involves making changes to a court decision.

Petition for mitigating circumstances

For example, the taxpayer complied with written explanations from the Federal Tax Service on a controversial issue; mitigate and aggravate liability for committing a tax offense ().

An aggravating circumstance is the commission of a tax offense by a person who has already committed a similar tax offense within 12 months from the date of entry into force of a court or tax authority decision ().

If a person has the right to have mitigating circumstances applied to him, a corresponding petition must be submitted for this. And then the fine can be reduced. The petition is submitted to the tax office, which adopted the act based on the results of the audit.

If the case of bringing to tax liability is being considered in court, a similar petition can be submitted there as well. There are no specific deadlines for filing a petition.

But this must be done, of course, before the decision is finally made.