PRESIDENTIAL DECREE OF UKRAINE

of April 16, 1996 No. 258/96

About amnesty in connection with the tenth anniversary of the Chernobyl catastrophic crash

Being guided by the principles of humanity, according to Item 20 of article 24 of the Constitutional Contract between the President of Ukraine and the Supreme Council of Ukraine "About the basic principles of the organization and functioning of the government and local self-government in Ukraine for the period before adoption of the new Constitution of Ukraine" I decide:

1. Exempt from custodial sanction, the direction in disciplinary battalion and corrective works without imprisonment of participants of recovery from the accident on the Chernobyl NPP and victims of the Chernobyl catastrophic crash condemned for the first time for the crimes which are not heavy.

2. Exempt from punishment of the persons listed in article 1 of this Decree condemned for the first time for serious crimes to imprisonment for a period of up to five years inclusive and also to the direction in disciplinary battalion and to corrective works without imprisonment, - if they by day of entry into force of the Decree served at least one third of the appointed punishment sentence.

3. Exempt from custodial sanction of minors; the women having children aged up to 16 years or handicapped children; expectant mothers; veterans of war; men at the age of over 60 years and women - over 55 years; disabled people of the first and second groups; and also TB patients of active form (subgroup "And" both "B" of the first group and subgroup "And" fifth group of dispensary accounting) and oncological diseases (second, third and fourth clinical groups):

- condemned for the first time for the crimes which are not heavy if they by day of entry into force of the Decree served at least one third of the appointed punishment sentence;

- condemned for the first time for serious crimes to imprisonment for a period of up to five years inclusive, - if they by day of entry into force of the Decree served at least a half of the appointed punishment sentence.

4. Exempt from custodial sanction and the direction in disciplinary battalion of persons, except listed in articles 1 and 3 of this Decree condemned for the first time for the intentional crimes which are not heavy for a period of up to three years inclusive - if they by day of entry into force of the Decree served at least one third of the appointed punishment sentence.

5. Exempt from punishment of persons, except listed in articles 1 and 3 of this Decree condemned for the first time for the crimes committed on imprudence to imprisonment for a period of up to seven years inclusive and also to the direction in disciplinary battalion, - if they by day of entry into force of the Decree served at least one third of the appointed punishment sentence.

6. Exempt from places of detention of persons, convicts for the first time, unexpired part of punishment at which by day of entry into force of the Decree constitutes less than six months.

7. Close the investigative cases and cases which are not considered by courts on the crimes committed before entry into force of this Decree by persons falling under operation of article 1 of the Decree.

8. Amnesty does not extend to persons:

a) which were condemned earlier and the criminal record is not removed from them and not extinguished in the procedure established by the law;

b) which actions entailed death of several persons or caused essential damage to the state or public concerns;

c) which did not complete the full course of forced treatment for alcoholism or drug addiction or treatment for venereal disease appointed by court;

d) which it is malicious break the mode in term of imprisonment;

e) to which for 1986-1996 amnesty or pardon irrespective of removal or repayment of criminal record and which committed crimes again was applied;

e) which for malicious violations of the mode were transferred to other correctional institution with more high security if after pronouncement of the resolution (determination) of court on such transfer there passed less than one year by day of entry into force of the Decree;

g) with which corrective works are replaced with imprisonment, and also and they were sent concerning what the court cancelled conditional condemnation or delay of execution of sentence for the serving sentence appointed sentence - if after pronouncement of the resolution (determination) of court on the direction in correctional institution they were in custody less than one year by day of entry into force of the Decree;

h) which are condemned for especially dangerous crimes against the state; gangsterism; smuggling of drugs, psychotropic substances or precursors; damage of means of communication and vehicles; production or sale of counterfeit money or securities; plunder state or property in common with penetration into the room or other storage or in especially large sizes; premeditated murder (except the premeditated murder committed in condition of strong sincere excitement, or committed in case of exceeding of limits of justifiable defense, or premeditated murder by mother of the newborn child); intentional heavy bodily harm in case of aggravating circumstances; rape in case of aggravating circumstances; taking of hostages; theft with penetration into the dwelling; open plunder state, property in common or individual property of citizens (robbery) in case of aggravating circumstances; robbery for the purpose of occupancy state, property in common or individual property of citizens; racketing state, property in common or individual property of citizens; taking of a bribe in case of aggravating circumstances; capture of the state or public structures or constructions; infliction of bodily injury to the employee of law enforcement agency; intentional destruction or damage of property of the employee of law enforcement agency; infringement of life of the employee of militia or the national combatant, and also the serviceman in connection with their activities for protection of public order; especially malicious hooliganism; infringement of health of citizens under the pretext of making of religious practices; stealing or capture of railway rolling stock, air, ocean or river craft; blocking of transport communications in case of aggravating circumstances; plunder of firearms, ammunition or explosives; plunder of radioactive materials; illegal production, production, acquisition, storage, transportation or transfer with sales objective, and also illegal sale of drugs or psychotropic substances; plunder of drugs or psychotropic substances; plunder of precursors; and also crimes, stipulated in Item Articles 232, Article Items and "v" 234, Article Item "and" 236, Article Item "in" 238, Article Items and "v" 240, Article Item "in" 241, Article Item "and" 243, Article Items "in" and "g" 249, Article Item "in" 251, Article Item 254, Item 1 2 3 of Article 254, Article 254 Item "in", Item of article 254 of the Criminal code of Ukraine.

9. This Decree is applied to persons condemned by courts of Ukraine, and also courts of the former USSR in the territory of Ukraine irrespective of the place of serving of punishment by them.

10. Assign execution of this Decree:

a) on the bodies knowing execution of punishments - concerning the convicts who are in places of detention.

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