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

of December 20, 2011 No. 21

About practice of application by courts of the legislation on execution of sentence

Due to the questions arising at courts in case of application of regulations of Chapter 46 of the Code of Criminal Procedure of the Russian Federation ("The appeal to execution of sentences, determinations and resolutions") and Chapter 47 of the Code of Criminal Procedure of the Russian Federation ("Production on consideration and permission of the questions connected with execution of sentence"), and for the purpose of ensuring unity of court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation" decides:

2. Courts should mean that consideration and permission of the questions connected with execution of sentence is performed in the form of justice in proceeding in open court, except as specified, specified regarding the 2nd article 241 Code of Criminal Procedure of the Russian Federation. With respect thereto the court explains to participants of judicial session of their right, obligation and responsibility and provides possibility of implementation of these rights (part 1 of article 11 Code of Criminal Procedure of the Russian Federation).

3. When person who made the petition for appeal (representation) recalls she (he) based on part 3 of article 389.8 Code of Criminal Procedure of the Russian Federation, in the absence of claims of other persons or representation of the prosecutor resolution of the Trial Court, proceeding from provisions of Articles 390, of 391 Code of Criminal Procedure of the Russian Federation, it is considered taken legal effect after 10 days - the term of its appeal in appeal procedure. At the same time does not matter in what terms prior to judicial session of Appeal Court the claim or representation are withdrawn (within the term established for appeal to or after the direction of criminal case in Appeal Court).

4. Taking into account part provisions 2 Articles 391, of part 2 of Article 389.2 and Item 53.3 of article 5 Code of Criminal Procedure of the Russian Federation the intermediate judgments which are not subject to independent appeal in appeal procedure take legal effect and address execution immediately. Their legality and justification can be checked in appeal procedure along with check of legality and justification of the final decision on case.

5. Considering the questions connected with replacement of punishment in case of malicious evasion from its serving, courts shall find out all circumstances which can affect legality of the made decision regarding determination of term or the amount of unexpired punishment or conditions which attract need of replacement of punishment.

Explain to courts that the decision on replacement of punishment is made taking into account nature and degree of public danger of crime for which person is condemned, the identity of the guilty person, and also the reasons for which the convict evaded from serving of the penalty imposed to it.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info