76.2. Applying on conditional - prescheduled release from serving punishment, a court can assign on
condemned duties provided by article 70.5 of the present Code, which should be executed by them during
deserved part of punishment.
76.3. Conditional - prescheduled release from serving punishment can be applied only after actual serving
time by condemned:
76.3.1. not less than half of term of the punishment appointed for commitment of a crime, not representing
big public danger or less serious crime;
76.3.2. not less than two thirds of term of the punishment appointed for grave crime;
76.3.3. not less than three quarters of term of the punishment appointed for serious crime, and also three
quarters of term of the punishment, appointed to the person earlier conditionally - prescheduled released, if
conditional - prescheduled release was cancelled on the bases provided by article 76.6 of the present Code.
76.4. Actually served term in imprisonment by condemned can not be less than six months.
76.5. The control over behavior of a person released conditionally - prescheduled shall be carried out by
appropriate state bodies, and concerning military men - command of military units and establishments.
76.6. If during deserved part of punishment condemned:
76.6.1. is malicious has evaded from execution of duties assigned to him by court at application of
conditional - prescheduled release, or has made infringement of a social order for which the official penalty
was imposed on him, court on presentation of bodies provided by article 76.5 of the present Code, can
decide about a cancellation of conditional - prescheduled releases and execution of deserved part of
punishment;
76.6.2. has committed a crime on imprudence, the question on a cancellation or on preservation of
conditional - prescheduled release shall be solved by court;
76.6.3. has made a deliberate crime, a court appoints to him punishment by a rules provided by article 67 of
the present Code. Punishment shall be appointed by the same rules in case of commitment of a crime on
imprudence if the court cancels conditional - prescheduled release.
Article 77. Replacement of deserved punishment by mitigating kind of punishment
77.1. To the person, who is serving time in imprisonment on certain term for a crime, which do not represent
big public danger or for less serious crime, court in view of his behavior during serving punishment can
replace deserved part of punishment with mitigating kind of punishment. Thus the person can be fully or
partly released from serving and from additional punishment.
77.2. The deserved part of punishment can be replaced with mitigate kind of punishment after serving by
condemned of punishment term which is not less than one third part of it.
77.3. At replacement of deserved part of punishment a court can select any mitigate kind of punishment
according to the kinds of punishments provided in article 42 of the present Code, in the limits provided by the
present Code for each kind of punishment.
Article 78. Release from punishment in connection with illness
78.1. The person, who after commitment of a crime was deceased by mental illness, depriving his
opportunity to realize actual nature and public danger of the act (action or inaction) or to supervise over this
act, shall be released from punishment or from its deserved part. Concerning such person by court can be
applied forced measures of medical character, which are provided by the present Code.
78.2. The person, which is deceased after commitment of a crime to other serious illness interfering serving
of punishment, can be released by the decision of court from serving punishment.
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