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CRIMINAL CODE OF THE RUSSIAN FEDERATION

of June 13, 1996 No. 63-FZ

(The last edition from 12-11-2018)

Accepted by the State Duma of the Russian Federation on May 24, 1996

Approved by Council of the Russian Federation on June 5, 1996

General part

Section I. Penal statute

Chapter 1. Tasks and principles of the Criminal Code of the Russian Federation

Article 1. Penal legislation of the Russian Federation

1. The penal legislation of the Russian Federation consists of of this Code. The new laws providing criminal liability are subject to inclusion in this Code.

2. This Code is based on the Constitution of the Russian Federation and the conventional principles and rules of international law.

Article 2. Tasks of the Criminal Code of the Russian Federation

1. Tasks of this Code are: protection of rights and freedoms of man and citizen, property, public order and public safety, the environment, the constitutional system of the Russian Federation from criminal encroachments, providing the world and safety of mankind, and also the prevention of crimes.

2. For implementation of these tasks this Code establishes the basis and the principles of criminal liability, determines what dangerous to the personality, societies or the states of act are recognized crimes, and establishes types of punishments and other measures of criminal and legal nature for making of crimes.

Article 3. Principle of legality

1. Crime of act, and also its punishability and other criminal consequence in law are determined only by this Code.

2. Application of the penal statute by analogy is not allowed.

Article 4. Principle of equality of citizens before the law

Persons who committed crimes are equal before the law and races, nationalities, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations, and also other circumstances are subject to criminal liability irrespective of floor.

Article 5. Principle of fault

1. Person is subject to criminal liability only for those socially dangerous actions (failure to act) and the come socially dangerous effects concerning which his guilt is ascertained.

2. Objective imputation, that is criminal liability for innocent damnification, is not allowed.

Article 6. Concept of justice

1. The punishment and other measures of criminal and legal nature applied to person who committed crime shall be fair, that is correspond to nature and degree of public danger of crime, circumstances of its making and the identity of the guilty person.

2. Nobody can bear criminal liability twice for the same crime.

Article 7. Principle of humanity

1. The penal legislation of the Russian Federation ensures safety of the person.

2. The punishment and other measures of criminal and legal nature applied to person who committed crime cannot aim at causing physical sufferings or humiliation of human dignity.

Article 8. Basis of criminal liability

The basis of criminal liability is making of the act containing all signs of the actus reus provided by this Code.

Chapter 2. Action of the penal statute in time and in space

Article 9. Action of the penal statute in time

1. Crime and punishability of act are determined by the penal statute existing during making of this act.

2. Time of crime execution time of making of socially dangerous action (failure to act) irrespective of time of approach of effects is recognized.

Article 10. Retroactive effect of the penal statute

1. The penal statute eliminating crime of act, commuting penalty or otherwise improving provision of person who committed crime has retroactive force, that is extends to persons who made the corresponding acts to the introduction of such law in force including to the persons serving sentence or who served sentence, but having criminal record. The penal statute establishing crime of act, strengthening punishment or otherwise worsening situation of person, has no retroactive force.

2. If the new penal statute commutes penalty for act which is served by person, then this sentence is subject to reducing in the limits provided by the new penal statute.

Article 11. Action of the penal statute concerning persons who committed crime in the territory of the Russian Federation

1. Person who committed crime in the territory of the Russian Federation is subject to criminal liability under this Code.

2. The crimes committed within the territorial sea or airspace of the Russian Federation are recognized committed in the territory of the Russian Federation. Action of this Code extends also to the crimes committed on the continental shelf and in exclusive economic zone of the Russian Federation.

3. Person who committed crime on the vessel attributed to port of the Russian Federation, which is in open water or airspace outside the Russian Federation is subject to criminal liability under this Code if other is not provided by the international treaty of the Russian Federation. Under this Code criminal liability is born also by person who committed crime on the warship or the military aircraft of the Russian Federation irrespective of the place of their stay.

4. The question of criminal liability of diplomatic representatives of foreign states and other citizens who use immunity in case of making by these persons of crime is in the territory of the Russian Federation allowed according to rules of international law.

Article 12. Action of the penal statute concerning persons who committed crime outside the Russian Federation

1. Citizens of the Russian Federation and persons without citizenship who are constantly living in the Russian Federation committed outside the Russian Federation crime against the interests protected by this Code are subject to criminal liability according to this Code if concerning these persons on this crime there is no judgment of foreign state.

2. The military personnel of the military units of the Russian Federation which are deployed outside the Russian Federation bears criminal liability under this Code for the crimes committed in the territory of foreign state if other is not provided by the international treaty of the Russian Federation.

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