Personal and family life of convicts: what the new draft law will change

In pursuance of the Constitutional Court's decision in the case concerning the personal and family life of a person sentenced to life imprisonment, the mechanism for granting convicts short-term visits outside correctional and educational colonies will be improved.

The Ministry of Justice has prepared and the Cabinet of Ministers has submitted to the Parliament draft Law No. 12127 of 16.10.2024 «On Amendments to Article 111 of the Criminal Executive Code of Ukraine in connection with the Decision of the Constitutional Court of Ukraine of December 20, 2023 No. 11-r(II)/2023».

The document proposes amendments to Article 111 of the Criminal Executive Code of Ukraine, according to which, in case of death or serious illness of a close relative that threatens the patient's life, short-term trips outside the colony on the territory of Ukraine (except for the TOT) are allowed:

• convicts held in minimum security correctional facilities with lightened conditions of detention, social rehabilitation units of minimum security correctional facilities with general conditions of detention and social rehabilitation units of medium security correctional facilities and educational colonies - for a period not exceeding seven days (they travel to and from their destination independently);
• for other convicts - for a period not exceeding one day (they are transferred to and from their destination and guarded by colony guards).

It is also envisaged to grant permission for short-term departure taking into account the latest available assessment of the convict's behavior and the results of the latest available assessment of the risk of committing a repeat criminal offense.

At the request of the Verkhovna Rada Committee on Legal Policy, the National Association analyzed this legislative initiative and concluded that the draft partially solves the problems of protecting the personal and family rights of convicts, and the proposed changes effectively regulate the procedure for granting a convicted person a short-term exit permit.

The full text of the UNBA Committee on Criminal Law and Procedure's opinion is available here.