of June 13, 1996 No. 63-FZ
Accepted by the State Duma of the Russian Federation on May 24, 1996
Approved by Council of the Russian Federation on June 5, 1996
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.
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.
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.
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.
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.
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.
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.
The basis of criminal liability is making of the act containing all signs of the actus reus provided by this Code.
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.
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.
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.
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.
3. The foreign citizens and persons without citizenship who are not living constantly in the Russian Federation, committed crime outside the Russian Federation are subject to criminal liability under this Code in cases if the crime is directed against interests of the Russian Federation or the citizen of the Russian Federation or the person without citizenship who is constantly living in the Russian Federation, and also in the cases provided by the international treaty of the Russian Federation or other document of the international nature containing the obligations recognized by the Russian Federation in the field of the relations regulated by this Code if the foreign citizens and persons without citizenship who are not living constantly in the Russian Federation were not condemned in foreign state and are brought to trial in the territory of the Russian Federation.
1. The citizens of the Russian Federation who committed crime in the territory of foreign state are not subject to issue to this state.
2. The foreign citizens and persons without citizenship who committed crime outside the Russian Federation and being in the territory of the Russian Federation can be issued to foreign state for criminal prosecution or serving sentence according to the international treaty of the Russian Federation.
1. Crime is recognized the committed socially dangerous act prohibited by this Code under the threat of punishment is guilty.
2. Action (failure to act) though it is formal and containing signs of any act provided by this Code, but owing to insignificance not constituting public danger is not crime.
1. Depending on nature and degree of public danger of act, provided by this Code, are subdivided into crimes of small weight, crime of average weight, serious crimes and especially serious crimes.
2. Crimes of small weight intentional and careless acts for which making the maximum punishment prescribed by this Code does not exceed three years of imprisonment are recognized.
3. Crimes of average weight intentional acts for which making the maximum punishment prescribed by this Code does not exceed five years of imprisonment, and careless acts for which making the maximum punishment prescribed by this Code does not exceed ten years of imprisonment are recognized.
4. Serious crimes intentional acts for which making the maximum punishment prescribed by this Code does not exceed ten years of imprisonment, and careless acts for which making the maximum punishment prescribed by this Code does not exceed fifteen years of imprisonment are recognized.
5. Especially serious crimes intentional acts for which making this Code prescribes custodial sanction for the term of over ten years or more stiff punishment are recognized.
6. Taking into account the actual circumstances of crime and degree of its public danger the court has the right in the presence of the circumstances commuting penalty and in the absence of the circumstances aggravating punishment to change category of crime on less heavy, but no more than to one category of crime provided that for crime execution, specified in part three of this Article, to the convict the penalty which is not exceeding three years of imprisonment or other milder pinishment is imposed; for crime execution, specified in part four of this Article, to the convict the penalty which is not exceeding five years of imprisonment or other milder pinishment is imposed; for crime execution, specified in part five of this Article, to the convict the penalty which is not exceeding seven years of imprisonment is imposed.
Voided
1. Cumulative offenses making of two or more crimes of which person was not condemned for one, except as specified, when making of two or more crimes is provided by Articles of the Special part of this Code as the circumstance attracting more stiff punishment is recognized. In case of cumulative offenses person bears criminal liability for each committed crime under the relevant article or part of Article of this Code.
2. Cumulative offenses also one action (failure to act) containing signs of the crimes provided by two or more Articles of this Code is recognized.
3. If the crime is provided by general and special regulations, the cumulative offenses are absent and criminal liability comes on special regulation.
1. Recurrence of crimes making of intentional crime by person having criminal record for earlier committed intentional crime is recognized.
2. The recurrence of crimes is recognized dangerous:
a) in case of committing by person of serious crime for which it is condemned to real imprisonment if earlier this person two or more time was condemned for intentional crime of average weight to imprisonment;
b) in case of committing by person of serious crime if earlier it was condemned for heavy or especially serious crime to real imprisonment.
3. The recurrence of crimes is recognized especially dangerous:
a) in case of committing by person of serious crime for which it is condemned to real imprisonment if earlier this person two times were condemned for serious crime to real imprisonment;
b) in case of committing by person of especially serious crime if earlier it two times were condemned for serious crime or earlier it was condemned for especially serious crime.
4. In case of recognition of recurrence of crimes are not considered:
a) criminal records for intentional crimes of small weight;
b) criminal records for the crimes which are commited by person aged up to eighteen years;
c) criminal records for crimes for which condemnation was recognized conditional or on which delay of execution of sentence was granted if conditional condemnation or delay of execution of sentence were not cancelled and person did not go for serving sentence to places of detention, and also the criminal records removed or extinguished according to the procedure, stipulated in Clause the 86th of this Code.
5. The recurrence of crimes attracts more stiff punishment on the basis and in the limits provided by this Code and also other effects, stipulated by the legislation the Russian Federation.
Only the responsible physical person which reached the age established by this Code is subject to criminal liability.
1. Person which reached by the time of crime execution of sixteen-year age is subject to criminal liability.
2. Persons which reached by the time of crime execution of fourteen-year age are subject to criminal liability for murder (Article 105), intentional causing severe harm to health (Article 111), intentional causing average weight of harm to health (Article 112), kidnapping (Article 126), rape (Article 131), violent acts of sexual nature (Article 132), theft (Article 158), robbery (Article 161), robbery (Article 162), racketing (Article 163), illegal occupancy by the car or other vehicle without the plunder purpose (Article 166), intentional destruction or damage of property in case of aggravating circumstances (Article part two 167), act of terrorism (Article 205), training for the purpose of implementation of terrorist activities (Article 205. 3), participation in terrorist community (Article 205 part two. 4), participation in activities of the terrorist organization (Article 205 part two. 5), not message on crime (Article 205. 6), taking of the hostage (Article 206), obviously untrue report on the act of terrorism (Article 207), participation in illegal armed group (Article part two 208), stealing of the vessel of air or water transport or railway rolling stock (Article 211), participation in mass riots (Article part two 212), hooliganism in case of aggravating circumstances (part two and third Articles 213), vandalism (Article 214), illegal acquisition, transfer, sale, storage, transportation or carrying explosives or destructive devices (Article 222. 1), illegal manufacture of explosives or destructive devices (Article 223. 1), plunder or racketing of weapon, ammunition, explosives and destructive devices (Article 226), plunder or racketing of drugs or psychotropic substances (Article 229), reduction in worthlessness of vehicles or means of communication (Article 267), infringement of life of the state or public figure (Article 277), attack on persons or organizations which use international protection (Article 360), the act of the international terrorism (Article 361).
3. If the minor reached the age provided by parts one or the second this Article, but owing to lagging in the mental development which is not connected with mental disturbance during making of socially dangerous act could not realize fully the actual nature and public danger of the actions (failure to act) or direct them, it is not subject to criminal liability.
1. Person who during making of socially dangerous act was in diminished responsibility condition is not subject to criminal liability, that is could not realize the actual nature and public danger of the actions (failure to act) or direct them owing to chronic mental disturbance, temporary mental disturbance, weak-mindedness or other disease state of mentality.
2. To person who made socially dangerous act provided by the penal statute in diminished responsibility condition, the enforcement powers of medical nature provided by this Code can be appointed by court.
1. The responsible person who during crime execution owing to mental disturbance could not realize fully the actual nature and public danger of the actions (failure to act) or direct them, is subject to criminal liability.
2. The mental disturbance which is not excluding sanity is considered by court in case of assignment of punishment and can form the basis for purpose of enforcement powers of medical nature.
Person who committed crime in the state of intoxication caused by alcohol intake, drugs, psychotropic substances or their analogs, new potentially dangerous psychoactive agents or other stupefying substances is subject to criminal liability.
1. Person who made act is found of crime guilty it is intentional or on imprudence.
2. The act made only on imprudence is recognized crime only in case it is specially provided by the relevant article of the Special part of this Code.
1. The crime committed intentionally the act made with direct or indirect intent is recognized.
2. The crime is recognized committed with direct intention if person realized public danger of the actions (failure to act), expected opportunity or inevitability of approach of socially dangerous effects and wished their approach.
3. The crime is recognized committed with indirect intent if person realized public danger of the actions (failure to act), expected possibility of approach of socially dangerous effects, did not wish, but consciously allowed these effects or was indifferent to them.
1. The crime committed on imprudence the act made by levity or negligence is recognized.
2. The crime is recognized committed by levity if person expected possibility of approach of socially dangerous effects of the actions (failure to act), but without the bases, sufficient to that, self-confidently expected prevention of these effects.
3. The crime is recognized committed due to negligence if person did not expect possibility of approach of socially dangerous effects of the actions (failure to act) though it in case of necessary attentiveness and foresight shall and could expect these effects.
If as a result of making of intentional crime heavy effects which under the law attract more stiff punishment and which were not covered by intention of person are caused, criminal liability for such effects comes only if person expected possibility of their approach, but without the bases, sufficient to that, self-confidently expected their prevention or if person did not expect, but shall and could expect possibility of approach of these effects. In general such crime is recognized committed intentionally.
1. Act is recognized committed is innocent if person which made it did not realize and based on the circumstances of a matter could not realize public danger of the actions (failure to act) or did not expect possibility of approach of socially dangerous effects and based on the circumstances of a matter shall not or could not expect them.
2. Act is recognized also committed is innocent if person which made it though expected possibility of approach of socially dangerous effects of the actions (failure to act), but could not prevent these effects owing to discrepancy of the psychophysiological qualities to requirements of extreme conditions or to psychological overloads.
1. The crime is recognized ended if the commited by person act contains all signs of the actus reus provided by this Code.
2. Unfinished crime preparation for crime and attempted crime are recognized.
3. Criminal liability for unfinished crime comes under Article of this Code providing responsibility for completed crime with reference to article 30 of this Code.
1. Preparation for crime the finding, production or adaptation person of means or tools of crime execution, finding of assisting offenders, collusion on crime execution or other intentional creation of conditions for crime execution are recognized if at the same time the crime was not finished on the circumstances which are not depending on this person.
2. Criminal liability comes for preparation only for heavy and especially heavy crimes.
3. Attempted crime the intentional actions (failure to act) of person which are directly directed to crime execution are recognized if at the same time the crime was not finished on the circumstances which are not depending on this person.
1. Voluntary refusal of crime the termination-faced preparations for crime or the termination of the actions (failure to act) which are directly directed to crime execution is recognized if person realized possibility of finishing crime up to the end.
2. Person is not subject to criminal liability for crime if it voluntarily and finally refused finishing this crime up to the end.
3. Person who voluntarily refused finishing crime up to the end is subject to criminal liability if the act which is actually made by it contains other actus reus.
4. The organizer of crime and the instigator to crime are not subject to criminal liability if these persons the timely message to authorities or other taken measures prevented finishing crime by the contractor up to the end. The helper of crime is not subject to criminal liability if he took all measures depending on it to prevent crime execution.
5. If the actions of the organizer or the instigator provided by part four of this Article did not lead to prevention of crime execution by perpetrator, then the measures taken by them can be acknowledged as court attenuating circumstances in case of assignment of punishment.
Partnership in crime intentional joint participation of two or more persons in making of intentional crime is recognized.
1. Assisting offenders along with the contractor the organizer, the instigator and the helper are recognized.
2. The contractor the person who directly committed crime or directly participating in its making together with other persons (collaborators) and also person who committed crime by means of use of other persons which are not subject to criminal liability owing to the age, diminished responsibility or other circumstances provided by this Code is recognized.
3. The organizer the person who organized crime execution or directing its execution is recognized, and the person who created organized group or criminal society (the criminal organization) or directing them is equal.
4. The instigator person which inclined other person to crime execution by arrangement, bribery, threat or in a different way is recognized.
5. The helper person promoting crime execution by councils, instructions, provision of information, means or tools of crime execution or removal of obstacles, and also person who was in advance promising to hide the criminal, means or tools of crime execution, traces of crime or objects got in the criminal way is recognized, and person which was in advance promising to acquire or sell such objects is equal.
1. Responsibility of assisting offenders is determined by nature and extent of the actual participation of each of them in crime execution.
2. Collaborators are responsible under Article of the Special part of this Code for the crime committed by them jointly without reference to Article 33 of this Code.
3. Criminal liability of the organizer, instigator and helper comes under Article prescribing punishment for the committed crime with reference to Article 33 of this Code, except as specified, when they at the same time were collaborators of crime.
4. The person which is not the subject of crime which is specially specified in the relevant article of the Special part of this Code, participating in crime execution provided by this Article bears criminal liability for this crime as his organizer, the instigator or the helper.
5. In case of not finishing by the principal offender up to the end on the circumstances which are not depending on it other accomplices bear criminal liability for preparation for crime or attempted crime. Also person who on the circumstances which are not depending on it did not manage to incline other persons to crime execution bears criminal liability for preparation for crime.
1. The crime is recognized made by group of persons if two or more contractors without previous concert jointly participated in its making.
2. The crime is recognized made by group of persons by previous concert if persons who in advance agreed about joint crime execution participated in it.
3. The crime is recognized made by organized group if it is made by steady group of persons, one or several crimes which in advance united for making.
4. The crime is recognized committed criminal society (the criminal organization) if it is made by the structured organized group or consolidation of the organized groups acting under single management which members are integrated for the purpose of joint making of one or several heavy or especially serious crimes for receipt directly or indirectly of pecuniary or other material benefit.
5. The person who created organized group or criminal society (the criminal organization) or directing them is subject to criminal liability for their organization and management of them in the cases provided by Articles 205. 4, 208, 209, 210 and 282.1 of this Code, and also for all made by organized group or criminal society (the criminal organization) of crime if they were covered by its intention. Other participants of organized group or criminal society (the criminal organization) bear criminal liability for participation in them in the cases provided by Articles 208, of 209, 210 and 282.1 of this Code and also for crimes, in preparation or making of which they participated.
6. Creation of organized group in the cases which are not provided by Articles of the Special part of this Code attracts criminal liability for preparation for those crimes for which making it is created.
7. Crime execution by the group of persons, group of persons by previous concert organized by group or criminal society (the criminal organization) attracts more stiff punishment on the basis and in the limits provided by this Code.
Excess of the contractor making by the principal offender, not covered intention of other accomplices is recognized. For excess of the contractor other assisting offenders of criminal liability are not subject.
1. Damnification to the encroaching person in condition of justifiable defense is not crime, that is in case of protection of the personality and the rights of defending or other persons protected by the law of interests of society or state from socially dangerous encroachment if this encroachment was integrated to violence, life-threatening the defending or other person, or to direct threat of application of such violence.
2. Protection against the encroachment which is not integrated to violence, life-threatening the defending or other person or with direct threat of application of such violence, is lawful if at the same time exceeding of limits of justifiable defense, that is the intentional actions obviously not corresponding to nature and danger of encroachment was not allowed.
2.1. Are not exceeding of limits of justifiable defense of action of the defending person if this person owing to unexpectedness of encroachment could not estimate objectively degree and nature of danger of attack.
3. Provisions of this Article equally extend to all persons irrespective of their professional or other special training and official position, and also irrespective of opportunity to avoid socially dangerous encroachment or to ask for the help other persons or authorities.
1. Damnification to person who committed crime is not crime during his detention for delivery to authorities and suppression of possibility of making of new crimes by it if other means to detain such person did not represent possible and at the same time exceeding necessary for this purpose was not allowed died.
2. Exceeding of the measures necessary for detention of person who committed crime their explicit discrepancy to nature and degree of public danger of the crime committed by the detained person and to circumstances of detention when obviously excessive, not caused by situation harm is needlessly caused to person is recognized. Such exceeding involves criminal liability only in cases of intentional damnification.
1. Damnification to the interests protected by the penal statute in emergency condition, that is for elimination of the danger which is directly menacing to the personality and the rights of this person or other persons protected by the law to interests of society or state is not crime if this danger could not be eliminated with other means and at the same time exceeding of limits of emergency was not allowed.
2. Exceeding of limits of emergency damnification, obviously not corresponding to nature and degree of the threatening danger and circumstances under which danger was eliminated when harm equal or more considerable was done to the specified interests, than prevented is recognized. Such exceeding involves criminal liability only in cases of intentional damnification.
1. Damnification to the interests protected by the penal statute as a result of physical compulsion is not crime if owing to such coercion person could not direct the actions (failure to act).
2. The question of criminal liability for damnification to the interests protected by the penal statute as a result of mental coercion, and also as a result of physical compulsion owing to which person kept opportunity to direct the actions is solved taking into account provisions of article 39 of this Code.
1. Damnification to the interests protected by the penal statute is not crime in case of reasonable risk for achievement of the socially useful purpose.
2. The risk is recognized reasonable if the specified objectives could not be achieved by the actions (failure to act) which are not connected with risk and person which allowed risk took sufficient measures for prevention of harm to the interests protected by the penal statute.
3. The risk is not recognized reasonable if it was obviously integrated to threat for life of many people, to threat of environmental disaster or public disaster.
1. Damnification to the interests protected by the penal statute by person acting in pursuance of orders or the order, obligatory for it, is not crime. Criminal liability for causing such harm is born by person who made the illegal order or the order.
2. Person who committed intentional crime in pursuance of obviously illegal order or the order bears criminal liability in accordance with general practice. Non-execution of obviously illegal order or order excludes criminal liability.
1. Punishment is the measure of the state coercion appointed according to the court verdict. Punishment is applied to person found guilty of crime execution and consists in the deprivation or restriction of the rights and freedoms of this person provided by this Code.
2. Punishment is applied for the purpose of recovery of social justice, and also for the purpose of correction of the convict and the prevention of making of new crimes.
Types of punishments are:
a) penalty;
b) deprivation of the right to hold certain positions or to be engaged in certain activities;
c) deprivation of special, military or honorary title, class rank and state awards;
d) obligatory works;
e) corrective works;
e) restriction on military service;
g) ceased to be valid;
h) restriction of freedom;
h. 1) forced labor;
i) arrest;
j) content in disciplinary military unit;
k) imprisonment for certain term;
l) lifelong imprisonment;
m) capital punishment.
1. Obligatory works, corrective works, restriction on military service, forced labor, arrest, content in disciplinary military unit, imprisonment for certain term, lifelong imprisonment, capital punishment are applied only as main types of punishments.
2. The penalty, deprivation of the right to hold certain positions or to be engaged in certain activities and restriction of freedom are applied in quality as the main, and additional types of punishments.
3. Deprivation of special, military or honorary title, the class rank and the state awards is applied only as additional types of punishments.
1. The penalty is the cash collection appointed in the limits provided by this Code.
2. The penalty is established at the rate from five thousand to five million rubles or in the amount of the salary or other income of the convict for the period from two weeks to five years or estimated in size, the multiple cost of subject or the amount of commercial bribery, bribery of the employee of contractual service, the contractual managing director, member of the commission on implementation of the purchases and other authorized persons representing the interests of the customer in the field of purchases of goods, works, services for ensuring the state or municipal needs, bribery of the arbitrator (the arbitration judge), bribe or the amount illegally of the moved money and (or) the cost of monetary instruments. The penalty at the rate from five hundred thousand rubles or in the amount of the salary or other income of the convict for the period can be appointed over three years only in the cases which are specially provided by the relevant articles of the Special part of this Code, except as specified calculations of the size of penalty proceeding from size, the multiple amount of commercial bribery, bribery of the employee of contractual service, the contractual managing director, member of the commission on implementation of the purchases and other authorized persons representing the interests of the customer in the field of purchases of goods, works, services for ensuring the state or municipal needs, bribery of the arbitrator (the arbitration judge), bribe or the amount illegally of the moved money and (or) the cost of monetary instruments. The penalty estimated proceeding from size to the multiple amount of commercial bribery, bribery of the employee of contractual service, the contractual managing director, member of the commission on implementation of the purchases and other authorized persons representing the interests of the customer in the field of purchases of goods, works, services for ensuring the state or municipal needs, bribery of the arbitrator (the arbitration judge), bribe or the amount illegally of the moved money and (or) the cost of monetary instruments is established in the amount up to the hundredfold amount such bribery, bribe or the amount illegally of the moved money and (or) the cost of monetary instruments, but there cannot be less than twenty five thousand rubles and more than five hundred million rubles.
3. The size of penalty is determined by court taking into account weight of the committed crime and property status of the convict and his family, and also taking into account possibility of receipt by the convict of the salary or other income. Taking into account the same circumstances the court can order to pay fine with payment payment by installments certain parts for a period of up to five years.
4. The penalty as auxiliary view of penalty can be imposed only in the cases provided by the relevant articles of the Special part of this Code.
5. In case of malicious evasion from payment of the fine which is ordered to pay as primary punishment, except as specified inflictions of penalty in the amount of, estimated proceeding from size, the multiple cost of subject or the amount of commercial bribery or bribe, the penalty is replaced with other punishment, except for imprisonments. In case of malicious evasion from payment of penalty in the amount of, estimated proceeding from size, the multiple cost of subject or the amount of the commercial bribery or bribe appointed as primary punishment, the penalty is replaced with punishment within the sanction provided by the relevant article of the Special part of this Code. At the same time the imposed penalty cannot be conditional.
1. Deprivation of the right to hold certain positions or to be engaged in certain activities consists in prohibition to hold positions in public service, in local government bodies or to be engaged in certain professional or other activity.
2. Deprivation of the right to hold certain positions or to be engaged in certain activities is established for a period of one year up to five years as main type of punishment and for a period of six months up to three years as auxiliary view of punishment. In the cases which are specially provided by the relevant articles of the Special part of this Code, deprivation of the right to hold certain positions or to be engaged in certain activities it is established for a period of up to twenty years as auxiliary view of punishment.
3. Deprivation of the right to hold certain positions or to be engaged in certain activities can be imposed as auxiliary view of penalty and in cases when it is not provided by the relevant article of the Special part of this Code as punishment for the corresponding crime if taking into account nature and degree of public danger of the committed crime and the identity of the guilty person the court recognizes impossible preserving the right behind it to hold certain positions or to be engaged in certain activities.
4. In case of purpose of this type of punishment as additional to obligatory works, corrective works, restriction of freedom, and also in case of conditional condemnation its term is estimated from the moment of the introduction of the court verdict in legal force. In case of purpose of deprivation of the right to hold certain positions or to be engaged in certain activities as auxiliary view of punishment to arrest, content in disciplinary military unit, to forced labor, imprisonment it extends to all the time of serving of the specified main types of punishments, but at the same time its term is estimated from the moment of their departure.
In case of condemnation for making of heavy or especially serious crime, and also for making of the crimes provided by Article 207 part one. 3, Articles 280, 280.1, part one of Article 280. 3, Article 280 part one. 4, Article part one 282, Article 282. 4, parts one and second Article 284. 1, Articles 284. 2, 284.3, 354.1 of this Code, taking into account the identity of the guilty person the court can deprive of him special, military or honorary title, the class rank and the state awards.
1. Obligatory works consist in accomplishment by the convict in time of free socially useful works, free from the main work or study. Type of obligatory works and objects on which they are left, determined by local government bodies in coordination with criminal and executive inspections.
2. Obligatory works are established for a period of sixty till four hundred eighty o'clock and not over four hours a day are left.
3. In case of malicious evasion of the convict from serving of obligatory works they are replaced with forced labor or imprisonment. At the same time time during which the convict left obligatory works is considered in case of determination of term of forced labor or imprisonments at the rate of one day of forced labor or one day of imprisonment in eight hours of obligatory works.
4. Obligatory works are not appointed to persons recognized as disabled people of the first group, to the expectant mothers, women having children under three years, to the military personnel undergoing military service and also the military personnel passing military service under the contract on military positions of ordinary and sergeant structure if they at the time of removal by court of sentence did not serve the conscription term established by the law.
1. Corrective works are appointed to the convict having principle place of employment, and equally not having it. The convict having principle place of employment leaves corrective works on principle place of employment. Condemned, not having principle place of employment, leaves corrective works in the places determined by local government bodies in coordination with criminal and executive inspections, but near the residence of the convict.
2. Corrective works are established for a period of two months up to two years.
3. From the salary of the convict to corrective works deduction in the income of the state in the amount of, established by the court verdict, ranging from five to twenty percent are made.
4. In case of malicious evasion of the convict from serving of corrective works the court can replace unexpired punishment with forced labor or imprisonment at the rate of one day of forced labor or one day of imprisonment in three days of corrective works.
5. Corrective works are not appointed to persons recognized as disabled people of the first group, to the expectant mothers, women having children under three years, to the military personnel undergoing military service and also the military personnel passing military service under the contract on military positions of ordinary and sergeant structure if they at the time of removal by court of sentence did not serve the conscription term established by the law.
1. Restriction on military service is appointed by the condemned serviceman passing military service under the contract for a period of three months up to two years in the cases provided by the relevant articles of the Special part of this Code for making of crimes against military service and also to the condemned military personnel passing military service under the contract instead of the corrective works provided by the relevant articles of the Special part of this Code.
2. From cash allowance of the convict to restriction on military service deduction in the income of the state in the amount of, established by the court verdict, but not over twenty percent are made. During serving of this punishment the convict cannot be promoted, military rank, and the term of punishment is not set off lengths of service for assignment of the next military rank in time.
Voided
1. Restriction of freedom consists in establishment by court to the convict of the following restrictions: not leave the place of permanent residence (stay) in certain time of day, not visit the certain places located within the territory of the respective municipality, not leave the territories of the respective municipality, not visit the venue of mass and other actions and not participate in the specified actions, not change the residence or stay, place of employment and (or) studies without the consent of the specialized state body exercising supervision of serving condemned punishments in the form of restriction of freedom, in cases, stipulated by the legislation to the Russian Federation. At the same time the court assigns on condemned obligation to be in the specialized state body exercising supervision of serving condemned punishments in the form of restriction of freedom, from one to four times a month for registration. Establishment by court to the convict of restrictions for change of the residence or stay without the consent of the specified specialized state body, and also on departure out of limits of the territory of the respective municipality is obligatory.
2. Restriction of freedom is appointed for a period of two months up to four years as main type of punishment for crimes of small weight and crime of average weight, and also for a period of six months up to two years as auxiliary view of punishment to forced labor or imprisonment in the cases provided by the relevant articles of the Special part of this Code.
3. During serving of restriction of freedom the court on representation of the specialized state body exercising supervision of serving condemned punishments in the form of restriction of freedom, can partially cancel or add earlier set condemned restrictions.
5. In case of malicious evasion of the restriction of freedom condemned from the serving imposed as main type of penalty, the court on representation of the specialized state body exercising supervision of serving condemned punishments in the form of restriction of freedom, can replace unexpired part of punishment with forced labor or imprisonment at the rate of one day of forced labor in two days of restriction of freedom or one day of imprisonment in two days of restriction of freedom.
6. Restriction of freedom is not appointed to military personnel, foreign citizens, stateless persons, and also persons who are not taking place of permanent residence in the territory of the Russian Federation.
1. Forced labor is applied as alternative to imprisonment in the cases provided by the relevant articles of the Special part of this Code for crime execution of small or average weight or for making of serious crime for the first time.
2. If, having imposed custodial sanction, the court comes to conclusion about possibility of correction of the convict without real serving sentence in places of detention, he decides to replace condemned custodial sanction by forced labor. In case of appointment of custodial sanction as court for the term of more than five years, except as specified replacements of custodial sanction with forced labor according to article 80 of this Code, forced labor is not applied.
3. Forced labor consists in involvement of the convict to work in the places determined by organizations and bodies of criminal executive system.
4. Forced labor is appointed for a period of two months up to five years, except as specified replacements of custodial sanction with forced labor according to article 80 of this Code.
5. From the salary of the convict to forced labor the deduction in the income of the state transfered to account the relevant territorial authority of criminal executive system, in the amount of, established by the court verdict, and ranging from five to twenty percent are made.
6. In case of evasion of the convict from serving of forced labor or recognition of the convict to forced labor by the malicious troublemaker and conditions of serving of forced labor unexpired part of punishment is replaced with imprisonment at the rate of one day of imprisonment in one day of forced labor.
7. Forced labor is not appointed to the minors, persons recognized as disabled people of the first or second group, to the expectant mothers, women having children under three years, to the persons which reached the age granting the right to purpose of insurance pension on old age in accordance with the legislation of the Russian Federation, and recognized completely incapable of labor activity according to the medical certificate issued according to the procedure, established by the Federal Laws and other regulatory legal acts of the Russian Federation, and also the serviceman.
1. Arrest consists in content of the convict in the conditions of strict isolation from society and is established for a period of one up to six months. In case of replacement of obligatory works or corrective works with arrest it can be appointed to term less than one month.
2. Arrest is not designated to persons who did not reach by the time of removal of sentence of eighteen-year age by court and also the expectant mothers and women having children aged up to fourteen years.
3. The military personnel leaves arrest on guardroom.
1. Content in disciplinary military unit is appointed by the serviceman undergoing military service and also the serviceman passing military service under the contract on positions of ordinary and sergeant structure if they at the time of removal by court of sentence did not serve the conscription term established by the law. This punishment is established for a period of three months up to two years in the cases provided by the relevant articles of the Special part of this Code for making of crimes against military service and also in cases when nature of crime and the identity of the guilty person is witnessed about possibility of replacement of imprisonment for the term of not over two years content of the convict in disciplinary military unit for the same term.
2. In case of content in disciplinary military unit instead of imprisonment content term in disciplinary military unit is determined at the rate of one day of imprisonment in one day of content in disciplinary military unit.
1. Imprisonment consists in isolation of the convict from society by the direction it in colony settlement, placements to educational colony, medical correctional facility, corrective labor colony of general, high or particular treatment or to prison. Custodial sanction can be imposed to the convict who committed for the first time crime of small weight only in the presence of aggravating circumstances, stipulated in Article 63 of this Code, except for the crimes provided by Article part one 228, part one of Article 231 and Article 233 of this Code, or only if imprisonment is provided by the relevant article of the Special part of this Code as the single type of punishment.
2. Imprisonment is established for a period of two months up to twenty years.
3. Voided
4. Except as specified, provided by part five of this Article, in case of partial or complete addition of terms of deprivation of freedom in case of assignment of punishment on cumulative offenses the maximum term of deprivation of freedom cannot be more than twenty five years, and on cumulative sentences - more than thirty years.
5. In case of making at least one of the crimes provided by Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, parts three and the fourth Article 206, Article part four 210, Article 210. 1, Article part four 211, Articles 277, of 278, of 279, of 353, of 356, of 357, of 358, 360 and 361 of this Code, in case of partial or complete addition of terms of deprivation of freedom in case of assignment of punishment on cumulative offenses the maximum term of deprivation of freedom cannot be more than thirty years, and on cumulative sentences - more than thirty five years.
1. Lifelong imprisonment is established for making of especially serious crimes encroaching on life and also for making of especially serious crimes against health of the population and public morality, public safety, bases of the constitutional system and safety of the state, sexual integrity of minors.
2. Lifelong imprisonment is not appointed to women, and also persons who committed crimes aged up to eighteen years and the men who reached by the time of removal of sentence of sixty-five-year age by court.
1. Serving of imprisonment is appointed:
a) to persons condemned for the crimes committed on imprudence, and also the persons condemned to imprisonment for making of intentional crimes of small and average weight, who were earlier not leaving imprisonment - in colonies settlements. Taking into account circumstances of crime execution and the identity of the guilty person the court can appoint to specified persons serving sentence in corrective colonies of ordinary regime with indication of motives of the made decision;
b) to the men condemned to imprisonment for making of serious crimes, who were earlier not leaving imprisonment and also the women condemned to imprisonment for making of heavy and especially serious crimes including in case of any kind of recurrence, - in corrective colonies of ordinary regime;
c) to the men condemned to imprisonment for making of especially serious crimes, who were earlier not leaving imprisonment and also in case of recurrence or dangerous recurrence of crimes if the convict left imprisonment earlier, - in corrective colonies of strict regime;
d) to the men condemned to lifelong imprisonment and also in case of especially dangerous recurrence of crimes - in corrective colonies of special regime.
2. To the men condemned to imprisonment for making of especially serious crimes for the term of over five years for making of crimes, stipulated in Article 205.2, part two of Article 205. 4, Article part one 206, Article part one 211, Articles 220, of 221, of the 360th of this Code, and also in case of especially dangerous recurrence of crimes serving of part of term of punishment can be appointed in prison, at the same time the court sets off time of content of the serving sentence condemned under guards to the introduction in legal force of conviction in time in prison.
2.1. To the men condemned to imprisonment for making of the crimes provided by Articles 205, 205.1, 205.3, 205.4, 205.5, parts two - the fourth Article 206, Article 208, parts two - the fourth Article 211, Articles 277 - 279, 281 - 281.2, part one of Article 281. 3, Articles 317, of 361 of this Code, serving of part of term of punishment is appointed in prison. At the same time the serving sentence period in prison after offsetting of time of content of person under guards to the introduction in legal force of conviction of court shall constitute at least one year. Determination of type of correctional facility for serving of term of the punishment which remained after departure of part of term of punishment in prison is performed by the rules established by this Article.
3. To the persons condemned to imprisonment, who did not reach by the time of removal of sentence of eighteen-year age by court, serving sentence is appointed in educational colonies.
4. Change of type of correctional facility is performed by court according to the criminal and executive legislation of the Russian Federation.
1. Capital punishment as exceptional measure of punishment can be established only for especially serious crimes encroaching on life.
2. Capital punishment is not appointed to women, and also persons who committed crimes aged up to eighteen years and the men who reached by the time of removal of sentence of sixty-five-year age by court.
2.1. Capital punishment is not designated to person issued to the Russian Federation by foreign state for criminal prosecution according to the international treaty of the Russian Federation or on the basis of the principle of reciprocity if according to the legislation of the foreign state which issued person, capital punishment for the crime committed by this person is not provided or non-use of capital punishment is condition of issue or capital punishment cannot be appointed to it on other bases.
3. Capital punishment according to the procedure of pardon can be replaced with lifelong imprisonment or imprisonment for the term of twenty five years.
1. To person found guilty of crime execution just punishment in the limits provided by the relevant article of the Special part of this Code and taking into account provisions of the General part of this Code is imposed. More severe looking of punishment from among provided for the committed crime is appointed only if less severe looking of punishment will not be able to provide punishment goal achievement.
2. More stiff punishment, than is provided by the relevant articles of the Special part of this Code for the committed crime, can be appointed on cumulative offenses and on cumulative sentences according to Articles 69 and 70 of this Code. The bases for purpose of less stiff punishment, than it is provided by the relevant article of the Special part of this Code for the committed crime, 64 of this Code are determined by Article.
3. In case of assignment of punishment nature and degree of public danger of crime and the identity of the guilty person, including the circumstances commuting and aggravating penalty, and also influence of the imposed penalty on correction of the convict and on living conditions of his family are considered.
1. Attenuating circumstances are recognized:
a) making for the first time crimes of small or average weight owing to accidental combination of circumstances;
b) infancy of the guilty person;
c) pregnancy;
d) availability of juvenile children at the guilty person;
e) crime execution owing to confluence of difficult vital circumstances or for motive of compassion;
e) crime execution as a result of physical or mental compulsion or owing to material, job or other dependency;
g) crime execution in case of violation of conditions of legitimacy of justifiable defense, detention of person who committed crime, emergency, reasonable risk, execution of the order or the order;
h) illegality or immorality of the behavior of the victim which was reason for crime;
i) surrender, active contribution to disclosure and investigation of crime, exposure and criminal prosecution of other assisting offenders, search of the property got as a result of crime;
j) rendering medical and other care to the victim directly after crime execution, voluntary compensation of property damage and the moral harm caused as a result of crime, other actions directed to smoothing down of the harm done to the victim.
2. In case of assignment of punishment also the circumstances which are not provided by part one of this Article can be considered as mitigating.
3. If the attenuating circumstance is provided by the relevant article of the Special part of this Code as essential element of offense, it in itself cannot repeatedly be considered in case of assignment of punishment.
1. In the presence of the attenuating circumstances provided by the Items "and" and (or) "k" of part one of Article of 61 of this Code and lack of aggravating circumstances the term or the amount of punishment cannot exceed two thirds of the maximum term or the size of the most severe looking of the punishment prescribed by the relevant article of the Special part of this Code.
2. In case of the conclusion of the pre-judicial agreement on cooperation in the presence of attenuating circumstances, stipulated in Item "both" part one of Article of 61 of this Code, and lack of aggravating circumstances the term or the amount of punishment cannot exceed half of the maximum term or the size of the most severe looking of the punishment prescribed by the relevant article of the Special part of this Code.
3. Provisions of part one of this Article are not applied if the relevant article of the Special part of this Code provides lifelong imprisonment or capital punishment. In this case penalty is imposed within the sanction of the relevant article of the Special part of this Code.
4. In case of the conclusion of the pre-judicial agreement on cooperation if the relevant article of the Special part of this Code provides lifelong imprisonment or capital punishment, these types of punishment are not applied. At the same time the term or the amount of punishment cannot exceed two thirds of the maximum term or the size of the most severe looking of the custodial sanction prescribed by the relevant article of the Special part of this Code.
5. The term or the amount of the penalty imposed to person concerning whom criminal case is considered according to the procedure, provided by Chapter 40 of the Code of penal procedure of the Russian Federation, cannot exceed two thirds of the maximum term or the size of the most severe looking of the punishment prescribed for the committed crime, and in the case specified in Article 226.9 of the Code of penal procedure of the Russian Federation - one second maximum term or the size of the most severe looking of the punishment prescribed for the committed crime.
1. Aggravating circumstances are recognized:
a) recurrence of crimes;
b) approach of heavy effects as a result of crime execution;
c) crime execution as a part of group of persons, group of persons by previous concert, organized group or criminal society (the criminal organization);
d) especially active role in crime execution;
e) attraction to crime execution of persons who suffer from heavy mental disturbances or are in state of intoxication, and also persons under the age from which there comes criminal liability;
e) crime execution based on political, ideological, racial, national or religious hatred or hostility or based on hatred or hostility concerning any social group;
e. 1) crime execution from revenge for lawful actions of other persons, and also with the purpose to hide other crime or to facilitate its making;
g) crime execution concerning person or his relatives in connection with implementation by this person of office activities or accomplishment of social duty;
h) crime execution concerning the woman, obviously for guilty the pregnancy which is in condition, and also concerning the juvenile, other defenseless or helpless person or person which is depending on the guilty person;
i) crime execution with special cruelty, sadism, mockery, and also tortures for the victim;
j) crime execution with use of weapon, ammunition, explosives, the explosive or imitating them devices, specially manufactured technical means, drugs, psychotropic, strong, toxic and radioactive materials, medicinal and other chemical and pharmacological medicines, and also using physical or mental compulsion;
k) crime execution in the conditions of emergency state, natural or other public disaster, and also in case of mass riots, during mobilization or warlike situation, in wartime or in the conditions of armed conflict or conducting combat operations;
l) crime execution with use of the trust put in the guilty person owing to his official position or the agreement;
m) crime execution with use of uniform or documents of the public agent;
o) ceased to be valid according to the Federal Law of the Russian Federation of 13.06.2023 No. 210-FZ
o) crime execution concerning the minor (minor) parent or the other person to who obligations on content, education, training and (or) protection of the rights and legitimate interests of the minor (minor), or person living together with the minor (minor), either the pedagogical employee or other employee of the educational organization, medical organization, the organization rendering social services, or other organization obliged to exercise supervision of the minor (minor), or the other person performing labor activity in the field of education, education, development of minors, the organizations of their rest and improvement, medical support, social protection and social servicing in the field of sport for children and young people, cultures and arts with participation of minors are assigned.
p) crime execution for the purpose of promotion, justifications and supports of terrorism;
c) crime execution for the purpose of promotion, justifications and supports of diversion;
r) making of intentional crime with public demonstration, including in mass media or information and telecommunication networks (including Internet network);
s) crime execution by person who illegally is in the territory of the Russian Federation.
1.1. The judge (court) imposing penalty depending on nature and degree of public danger of crime, circumstances of its making and the identity of the guilty person can recognize as aggravating circumstance crime execution in the state of intoxication caused by alcohol intake, drugs, psychotropic substances or their analogs, new potentially dangerous psychoactive agents or other stupefying substances.
2. If the aggravating circumstance is provided by the relevant article of the Special part of this Code as essential element of offense, it in itself cannot repeatedly be considered in case of assignment of punishment.
If it is determined that person which signed the pre-judicial agreement on cooperation provided the false information or any other essential circumstances of crime execution are hidden from the investigator or the prosecutor, the court imposes to it penalty in general procedure without application of provisions of parts two, third and fourth Article 62 of this Code concerning term and the amount of punishment, and Article 64 of this Code.
1. In the presence of the exceptional circumstances connected with the purposes and motives of crime, role of the guilty person, his behavior in time or after crime execution and other circumstances significantly reducing degree of public danger of crime, and equally with active assistance of the participant of collective crime to disclosure of this crime penalty can be imposed below the lowest limit provided by the relevant article of the Special part of this Code, or the court can appoint softer type of punishment, than is provided by this Article, or not to apply the auxiliary view of punishment provided in quality of obligatory.
2. Both separate attenuating circumstances, and set of such circumstances can be recognized exclusive.
3. Guilty of making of the crimes provided by Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, parts three and the fourth Article 206, Article part four 210, Article 210. 1, by Article part four 211, Article of 361 of this Code, or guilty of making of the crimes integrated to implementation of terrorist activities provided by Articles 277, of 278, of the 279 and 360 of this Code penalty below the lowest limit provided by the specified Articles cannot be imposed or softer type of punishment than provided by the relevant article is appointed or the auxiliary view of punishment provided in quality of obligatory is not applied.
1. The term or the amount of punishment to person found by jury members guilty of crime execution, but deserving indulgence, cannot exceed two thirds of the maximum term or the size of the most severe looking of the punishment prescribed for the committed crime. If the relevant article of the Special part of this Code provides capital punishment or lifelong imprisonment, these types of punishments are not applied, and penalty is imposed within the sanction provided by the relevant article of the Special part of this Code.
2. Voided.
3. In case of assignment of punishment on cumulative offenses or on cumulative sentences type, term or the size penalties are imposed by the rules provided by Articles 69 and 70 of this Code.
4. In case of assignment of punishment to person found by the jury's verdict of assessors guilty of crime execution, but deserving the indulgences, circumstances aggravating punishment are not considered.
1. In case of assignment of punishment for unfinished crime circumstances owing to which the crime was not finished are considered.
2. The term or the amount of punishment for preparation for crime cannot exceed half of the maximum term or the size of the most severe looking of the punishment prescribed by the relevant article of the Special part of this Code for completed crime.
3. The term or the amount of punishment for attempted crime cannot exceed three quarters of the maximum term or the size of the most severe looking of the punishment prescribed by the relevant article of the Special part of this Code for completed crime.
4. Capital punishment and lifelong imprisonment for preparation for crime and attempted crime are not appointed.
1. In case of assignment of punishment for the crime committed in partnership nature and extent of the actual participation of person in its making, value of this participation for goal achievement of crime, its influence on nature and the extent of the done or possible harm are considered.
2. The mitigating or aggravating circumstances relating to the identity of one of accomplices are considered in case of assignment of punishment only to this accomplice.
1. In case of assignment of punishment in case of recurrence, dangerous recurrence or especially dangerous recurrence of crimes nature and degree of public danger of earlier committed crimes, circumstances owing to which corrective impact of the previous punishment was insufficient, and also nature and degree of public danger of again committed crimes are considered.
2. Term of punishment in case of any kind of recurrence of crimes cannot be less one third part of the maximum term of the most severe looking of the punishment prescribed for the committed crime, but within the sanction of the relevant article of the Special part of this Code.
3. In case of any kind of recurrence of crimes if the court establishes attenuating circumstances, stipulated in Article 61 of this Code, term of punishment less one third part of the maximum term of the most severe looking of the punishment prescribed for the committed crime, but within the sanction of the relevant article of the Special part of this Code, and in the presence of exceptional circumstances, stipulated in Article 64 of this Code can be appointed, milder pinishment can be imposed, than it is provided for this crime.
1. In case of cumulative offenses penalty is imposed separately for each committed crime.
2. If all crimes committed on set are crimes of small or average weight, or preparation for heavy or especially serious crime, or is imposed by attempt at heavy or especially serious crime, final punishment by absorption of less stiff punishment by more strict or by partial or complete addition of the imposed penalties. At the same time final punishment cannot exceed more than half the maximum term or the amount of the punishment prescribed for the heaviest of the committed crimes.
3. If at least one of the crimes committed on set is heavy or especially serious crime, then final punishment is appointed by partial or complete addition of punishments. At the same time final custodial sanction cannot exceed more than half the maximum term of custodial sanction provided for the heaviest of the committed crimes.
4. In case of cumulative offenses additional types of punishments can be attached to main types of punishments. Final additional punishment in case of partial or complete addition of punishments cannot exceed the maximum term or the size, the punishment prescribed for this type the General part of this Code.
5. By the same rules penalty is imposed if after removal of verdict by court it is determined that the convict is guilty also of other crime committed by it before adjudgement of court on the first case. In this case in final punishment the sentence served according to the first court verdict is set off.
1. In case of assignment of punishment on cumulative sentences unexpired part of punishment according to the previous court verdict in parts or in full joins the punishment appointed according to the last court verdict.
2. Final punishment on cumulative sentences if it less strict, than imprisonment, cannot exceed the maximum term or the size, the punishment prescribed for this type the General part of this Code.
3. Final punishment on cumulative sentences in the form of imprisonment cannot exceed thirty years, except as specified, provided by part five of article 56 of this Code.
4. Final punishment on cumulative sentences shall be more as the penalty imposed for again committed crime and unexpired part of punishment according to the previous court verdict.
5. Accession of additional types of punishments in case of assignment of punishment on cumulative sentences is made by the rules provided by part four of article 69 of this Code.
1. In case of partial or complete addition of punishments on cumulative offenses and cumulative sentences correspond to one day of imprisonment:
a) one day of forced labor, arrest or content in disciplinary military unit;
b) two days of restriction of freedom;
c) three days of corrective works or restriction on military service;
d) eight hours of obligatory works.
2. The penalty or deprivation of the right to hold certain positions or to be engaged in certain activities, deprivation of special, military or honorary title, the class rank and the state awards in case of their addition with restriction of freedom, arrest, content in disciplinary military unit, imprisonment are performed independently.
1. Terms of deprivation of the right to hold certain positions or to be engaged in certain activities, corrective works, restriction on military service, restriction of freedom, forced labor, arrest, content in disciplinary military unit, imprisonments are estimated in months and years, and obligatory works - in hours.
2. During the replacing of punishment or addition of the punishments prescribed by part one of this Article and also when offsetting punishment terms of punishments can be estimated in days. At the same time taking into account provision of part one of Article of 71 of this Code two hundred forty hours of obligatory works correspond to one month of imprisonment or forced labor, two months of restriction of freedom, three months of corrective works or restrictions on military service.
3. Time of content of person under guards to the introduction of the court verdict in legal force is set off in content terms in disciplinary military unit at the rate of one day in one and a half days, restrictions of freedom, forced labor and arrest - one day in two days, corrective works and restriction on military service - one day in three days, and in time obligatory works - at the rate of one day of detention in eight hours of obligatory works.
3.1. Time of content of person under guards is set off imprisonments, except as specified, provided by parts tretyey.2 and tretyey.3 this Article, at the rate of one day in time for:
a) one day of serving sentence in prison or corrective labor colony of high or particular treatment;
b) one and a half days of serving sentence in educational colony or corrective colony of ordinary regime;
c) two days of serving sentence in colony settlement.
3.2. Time of content of person under guards is set off imprisonments at the rate of one day in one day concerning the crimes condemned in case of especially dangerous recurrence in time; convicts to whom capital punishment according to the procedure of pardon is replaced with lifelong imprisonment or imprisonment for the term of twenty five years; condemned for the crimes provided by Articles 205 - 205.5, parts three and the fourth Article 206, Articles 208, 209, Article part four 211, parts two and third Article 228, Articles 228. 1, 229, 275, 276, 361 of this Code, and the crimes integrated to implementation of terrorist activities provided by Articles 277 - the 279 and 360 of this Code.
3.3. Time of content of person under guards is set off imprisonments at the rate of one day in one day concerning the term of finding of the convict serving sentence in strict conditions in educational colony or corrective colony of ordinary regime, in the penal or disciplinary insulator, the room of chamber type or the single room of chamber type in case of application of disciplinary measures to the convict according to the criminal and executive legislation of the Russian Federation in time.
3.4. The time spent of person under house arrest is set off contents of person under guards before legal proceedings and in time imprisonment at the rate of two days of stay under house arrest in one day of detention or imprisonments in time.
3.5. If the type of correctional facility appointed according to the court verdict is changed according to the procedure, provided by Chapter 47.1 or 48.1 of the Code of penal procedure of the Russian Federation, to softer, the offsetting of time of serving of imprisonment in correctional facility of more severe looking in time imprisonments which is subject to departure is performed from calculation:
a) one day of serving sentence in prison or corrective labor colony of particular or high security in one and a half days of serving sentence in corrective colony of ordinary regime or two days of serving sentence in colony settlement;
b) one day of serving sentence in corrective colony of ordinary regime in one and a half days of serving sentence in colony settlement.
4. Time of content of person under guards to the introduction of the court verdict in legal force and time of departure of the imprisonment appointed by the court verdict for the crime committed outside the Russian Federation in case of issue of person based on article 13 of this Code are set off by the rules established by parts three and tretyey.1 this Article.
5. In case of appointment to the convict who was held in custody before legal proceedings as main type of punishment of penalty, deprivation of the right to hold certain positions or to be engaged in certain activities court, considering the term of detention, commutes the imposed penalty or completely exempts it from serving of this punishment.
1. In case of appointment to person recognized as the patient with drug addiction, primary punishment in the form of penalty, deprivation of the right to hold certain positions or to be engaged in certain activities, obligatory works, corrective works or restriction of freedom the court can assign on condemned obligation to undergo treatment for drug addiction and medical and (or) social resettlement.
2. Control of the execution condemned obligations to undergo treatment for drug addiction and medical and (or) social resettlement it is performed by criminal and executive inspection according to the procedure, determined by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of execution of criminal penalties together with the federal executive body performing functions on development and realization of state policy and normative legal regulation in the field of health care.
1. If, having appointed corrective works, restriction on military service, content in disciplinary military unit or imprisonment for a period of up to eight years, the court comes to conclusion about possibility of correction of the convict without real serving sentence, he decides to consider the imposed penalty conditional. Conditional condemnation is not appointed:
a) condemned for crimes against sexual integrity of the minors which did not reach fourteen-year age;
and. 1) condemned for the crimes provided by parts one and the second Article 205. 1, Article 205. 2, Article 205 part two. 4, parts one - third Article 206, Article part four 210, Articles 210.1 and 360 of this Code;
b) when making heavy or especially serious crime during probation period in case of the conditional condemnation appointed for making of intentional crime or during unexpired part of the penalty imposed for making of intentional crime in case of parole;
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