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

of November 29, 2016 No. 55

About the adjudication

Sentence is the judgment decided on behalf of the Russian Federation on criminal case about innocence or guilt of the defendant and appointment to it punishments or about release from punishment.

The constitutional regulations that each person accused in crime execution is considered innocent until his guilt is proved in the procedure provided by the Federal Law and is established by the court verdict which took legal effect, determines value of the adjudication as most important act of justice and obliges courts to observe strictly requirements of the legislation imposed to sentence.

For the purpose of ensuring uniform application by courts of the regulations of the criminal procedure law regulating the resolution Trial Court of justificatory and accusatory sentences, improvement of quality of adjudications and also in connection with the questions arising at courts, 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 to make the following explanations:

General provisions

1. Draw the attention of courts that owing to provisions of article 297 Code of Criminal Procedure of the Russian Federation the court verdict shall be legal reasonable and fair and is recognized to that if it conforms to requirements of the criminal procedure legislation imposed to its contents, procedural form and procedure for the resolution and also it is based on the correct application of the penal statute. Taking into account provisions of article 14 of the International Covenant on Civil and Political Rights of December 16, 1966 (further - the Covenant on Civil and Political rights) and article 6 of the Convention on human rights protection and fundamental freedoms of November 4, 1950 (further - the Convention on human rights protection and fundamental freedoms) the sentence can be acknowledged legal only if it is decided by results of fair legal proceedings.

The adjudication shall contain introduction, descriptive and motivation and resolutive speak rapidly in all cases including when according to part 7 of article 241 Code of Criminal Procedure of the Russian Federation only introduction and resolutive parts of sentence are disclosed.

General requirements to the prolog of sentence

2. Courts should mean that in article 304 Code of Criminal Procedure of the Russian Federation single requirements to the prolog both accusatory, and the verdict of not guilty are established.

Explain that data which along with other data can be considered by court in case of appointment to the defendant of type and the amount of punishment, type of correctional facility, recognition of recurrence of crimes, permission of other questions connected with the resolution of sentence belong to other data on the identity of the defendant important for case which should be specified in the prolog of sentence according to item 4 of article 304 Code of Criminal Procedure of the Russian Federation (about the disability which is available for the defendant, about availability at it the state awards, honorary, military and other titles, etc.).

3. Concerning persons having criminal record in the prolog of sentence data on date of condemnation with indication of the name of court, regulation of the penal statute and measure of punishment taking into account subsequent changes shall be reflected if those took place, about probation period in case of conditional condemnation, about date of departure (execution) of punishment or date and the basis of release from serving sentence, the size of unexpired part of punishment. In case person has criminal record for the crimes committed at minor age, specifying about it shall contain in sentence.

If at the time of making by the defendant of crime of which he is accused on the criminal case considered by court its criminal records are removed or extinguished, then court, proceeding from provisions of part 6 of article 86 Criminal Code of the Russian Federation having no right to mention them in the prolog of sentence. In that case the court specifies that person is not offender.

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