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The document ceased to be valid according to Item 67 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 No. 58

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of October, 2009 No. 20

About some questions of court practice of appointment and execution of criminal penalty

(as amended on on December 23, 2010)

The procedure for purpose of criminal penalties established by the law is the important sales warranty of the principles of legality, justice and humanity. Concerning the measures which are not connected with imprisonment (The Tokyo rules accepted on December 14, 1990), need of discussion by court in case of the resolution of sentence of question of application of the punishment which is not connected with imprisonment in cases when the sanction of Article of the Special part of the Criminal Code of the Russian Federation according to which person is found guilty along with imprisonment prescribes softer types punishments is set by the general beginnings of assignment of punishment, United Nations standard minimum rules provided by the Criminal Code of the Russian Federation the Minimum standard rules of the UN concerning administration of law concerning minors (The Beijing rules accepted on November 29, 1985) or there is possibility of application of enforcement powers of educational nature based on the law.

The studying of court practice which is carried out in the Supreme Court of the Russian Federation showed that courts generally correctly apply rules of assignment of punishment, imprisonment for crimes of small and average weight is appointed when courts come to conclusion about impossibility of determination of other type of punishment, and these decisions are based in sentence.

At the same time some courts do not fully fulfill requirements of the penal statute about punishment individualization, the mistakes connected with abuse of regulations of purpose of its separate types and the appeal of sentences to execution are made.

Due to the questions which arose in court practice for the purpose of further enhancement of the activity of the courts connected with appointment and execution of criminal penalty, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides to make to courts the following explanations:

1. In case of individualization of criminal penalty courts according to part 3 of article 60 Criminal Code of the Russian Federation shall consider nature and degree of public danger of the committed crime.

Nature of public danger of crime is determined according to the law taking into account subject to encroachment, form of fault and category of crime (article 15 Criminal Code of the Russian Federation), and degree of public danger of crime - depending on specific circumstances of deeds, in particular from the extent of harm and weight of the come effects, extent of implementation of criminal intent, method of crime execution, role of the defendant in the crime committed in partnership, availability in deeds of the circumstances attracting more stiff punishment according to sanctions of Articles of the Special part of the Criminal Code of the Russian Federation.

2. According to provisions of articles 6 and 60 Criminal Code of the Russian Federation in case of assignment of punishment it is also necessary to consider the information about the identity of the guilty person which treat as the data having legal value depending on structure of the committed crime or features of criminal liability and punishment of separate categories of persons established by the law and other data characterizing the identity of the defendant which the court in case of adjudgement has. Data on marital and property status of the defendant, state of his health, behavior in life, availability at it dependent on minor children, other disabled persons can concern to those, in particular, (wives, parents, close relatives).

Owing to part 3 of article 60 Criminal Code of the Russian Federation courts also should consider influence of the imposed penalty on correction of the convict and on living conditions of his family (for example, possible loss by members of the family of the convict of means of livelihood owing to age, the state of health), at the same time can be taken into account and the actual family relations which are not regulated by the Family code of the Russian Federation.

3. Courts should mean that in case of establishment of the circumstances provided both by part 1, and part 2 of article 62 Criminal Code of the Russian Federation, penalty is imposed by rules of part two of this Article.

4. Draw the attention of courts that proceeding from provisions of part 2 of article 63 Criminal Code of the Russian Federation of circumstance, belonging to signs of the actus reus provided by the relevant article of the Special part of the Criminal Code of the Russian Federation shall be considered in case of assessment by court of nature and degree of public danger of deeds. However the same circumstances cannot be repeatedly considered in case of assignment of punishment (for example, in case of intentional causing severe harm to health of the victim with use of explosives qualified on the Item "in" part 2 of article 111 Criminal Code of the Russian Federation on the basis of crime execution by all-dangerous method, the court has no right to consider the specified method also as the circumstance aggravating punishment, stipulated in Item "to" part 1 of article 63 Criminal Code of the Russian Federation).

5. Proceeding from provisions, the stipulated in Article 69 Criminal Code of the Russian Federation, the circumstance commuting penalty recognized by court concerning each of the crimes forming set shall be considered as in case of assignment of punishment separately for each crime, and in case of assignment of punishment on cumulative offenses.

In case of establishment of availability by court by all crimes of the circumstances provided by the Items "and" and (or) "k" to part 1 of article 61 Criminal Code of the Russian Federation, and lack of aggravating circumstances punishment based on part 2 or part 3 of article 69 Criminal Code of the Russian Federation imputed to the defendant it shall be determined by absorption of less stiff punishment by more strict or by complete or partial addition of punishments.

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