Conceptual model of group rules of release from punishment due to the convict’s pregnancy or the presence of a child

The article, based on the established common features in the prerequisites, grounds, procedure, conditions, and criminal law consequences for the application of release from serving a sentence with probation for pregnant women and women with children under seven years of age (Article 79 of the Criminal Code) and release from serving a sentence for pregnant women and women with children under three years of age (Article 83 of the Criminal Code), defines group rules for release from punishment due to the convict’s pregnancy or the presence of a child. It is established that the prerequisites for release from punishment based on Part 1 of Article 79 of the Criminal Code and Part 1 of Article 83 of the Criminal Code coincide in the types of punishments from which a woman is exempted. Taking into account the above, the first group rule that the court must take into account in the event of release from punishment of a pregnant woman or a woman who has a minor child in her care should be the requirement to take into account the type and term of punishment that the woman has been or is serving for a crime of a certain type and severity. The second group rule for release n from punishment due to the convict’s pregnancy or the presence of a child should be the requirement for the court to consider the potential influence of the woman on the formation of the child’s personality. The court may assess such potential impact on the child by considering the circumstances that characterize the severity of the criminal offense committed, the identity of the guilty person, and other circumstances of the case that to some extent indicate the personal characteristics of the woman. The third group rule for release n from punishment due to the convict’s pregnancy or the presence of a child should be the rule that the court takes into account the possibility of the woman herself or her family or close relatives who have consented to living with her to provide appropriate conditions for raising a child. The fourth group rule for release n from punishment due to the convict’s pregnancy or the presence of a child should be the rule that the court considers the duration of the probationary period, during which the woman must fulfill the duties assigned to her, which must be explained to her by the court. The last group rule for release n from punishment due to the convict’s pregnancy or the presence of a child should be the requirement that the court assess the behavior of the convicted woman during the care and upbringing of the child. A conceptual model of group rules for release from punishment due to the convict’s pregnancy or the presence of a child is formulated.