The State Duma proposes to reduce prison sentences for convicts serving sentences for minor crimes. As one of the authors of the project, the chairman of the committee, Pavel Krasheninnikov, told URA.Ru that the State Duma committee on civil, criminal, arbitration and procedural legislation today recommended that the draft law “On Amendments to Article 72 of the Criminal Code of the Russian Federation” be adopted on first reading. .
According to lawmakers, the amendments should serve to further humanize the penal system and are aimed at implementing the principle of justice in relation to convicts. “The Supreme Court supported us, this will concern those who are serving their sentences now or will serve their sentences in the future,” Krasheninnikov explained to URA.Ru.
The term will not change if the punishment is served in a disciplinary military unit, in a prison or a maximum security colony. In case of restriction of freedom, one day will be counted as two. For correctional labor and restrictions on military service - one day - for three. In the case of compulsory work - based on one day of detention - for eight hours of compulsory work. When serving a sentence in a penal colony of general regime and an educational colony - for one and a half days. When serving a sentence in a penal colony, in two days. The term of detention in the pre-trial detention center is also taken into account. For example, the convict was in custody for 2 years, and he was sentenced to 3 years in a penal colony. The coefficient “1 year for 1.5 years” gives the convicted person the opportunity to be released immediately after a court decision is made.
This procedure will not apply to persons convicted of especially serious crimes, including corruption. Convicted persons whose sentence is connected with terrorist activity, as well as in case of relapse, dangerous relapse or especially dangerous relapse, do not fall under mitigation of punishment. It is also proposed not to apply the indicated increase factor while the convict is in the penalty or disciplinary isolation ward, the cell type chamber or the single chamber type room if penalties are applied to the convicts.
Parole in 2018: changes in criminal law
- Copy of the sentence,
- Letter of guarantee from the employer,
- Certificate of registration at the place of residence,
- Family composition certificate(in the presence of minor children or elderly parents),
- Health certificate(in the presence of serious diseases),
- Characteristics of a prisoner(from the administration of the correctional institution, from neighbors or colleagues from their previous place of work).
- Does the convict comply with the conditions for serving the sentence?
- Has the convict's attitude to the crime committed changed?
- Did the convict compensate for the harm he had done?
- Did the convict repent of his deed?
- Does the convict have penalties and incentives?
- Does the convict engage in labor activities?
- Does the convict participate in the public life of the correctional institution?
- Does the convict have a permanent residence?
- Where is the convict going to work after receiving parole?
Review of the law on offsetting the period of stay in a pre-trial detention center according to the “day and a half” scheme in 2018
- terrorism (articles 205-205.5 of the Criminal Code of the Russian Federation),
- hostage-taking (part 3.4 of article 206 of the Criminal Code of the Russian Federation),
- hijacking of an airplane, ship or train (part 4 of article 211 of the Criminal Code of the Russian Federation),
- high treason (Article 275 of the Criminal Code of the Russian Federation),
- espionage (Article 276 of the Criminal Code of the Russian Federation),
- international terrorism (Article 361 of the Criminal Code of the Russian Federation),
- large-scale and especially large-scale drug possession (parts 2 and 3 of Article 228 of the Criminal Code of the Russian Federation),
- production and marketing of drugs (Article 228.1 of the Criminal Code of the Russian Federation),
- drug theft (Article 229 of the Criminal Code of the Russian Federation).
Recalculation of terms in the direction of reduction already serving sentences should be made in the near future. Three months from the day the law enters, it is given for recalculation of terms for prisoners in educational colonies and settlement colonies, six months - for all other categories of convicts.
2018 parole amendments
Statistics confirm that Russia occupies one of the leading places in the world in the ratio of the normal population and criminals, so the government should take all possible measures to adapt prisoners to social life in freedom to make such amendments. It is believed that the mass release of prisoners will lead to a significant reduction in the costs of the state budget for their maintenance.
Mandatory measures for early release will be taken in relation to citizens who bear criminal penalties in connection with the commission of a criminal offense. For those convicted of community service, an amnesty is possible as a matter of priority.
Dates of serving sentences will be significantly reduced
Moreover, the deputy called the measure he proposed more “cool than amnesty”, because if the latter is temporary, then recalculating the days spent in the detention center will actually reduce the sentence for almost every prisoner. True, with some exceptions.
- 1 day in a pre-trial detention center = 1.5 days in a disciplinary military unit,
- 1 day in a pre-trial detention center = 2 days in a disciplinary military unit, in case of restriction of freedom, forced labor and arrest,
- 1 day in a pre-trial detention center = 3 days of corrective labor and restrictions on military service,
- 1 day in jail = 8 hours of compulsory work,
- 1 day in jail = 2 days of house arrest.
Kudryavtsev Vadim Anatolyevich
However, the repressive sentiment prevailing in the Duma of the last convocation nevertheless made itself felt. Eser Oleg Nilov proposed introducing the inverse coefficient - for those who are waiting for a sentence under house arrest, and then sent to the colony - five days of house arrest in one day in the colony. To illustrate the injustice of the existing order - “day after day” - he hinted at the former head of the Department of Property Relations of the Ministry of Defense, the defendant in the Oboronservis case Evgenia Vasilieva, who is under house arrest in a 13-room apartment.
Compliance with the principle of legality is that unscrupulous security officials, Krasheninnikov hopes, will be discouraged from seeking to ensure that the punishment is executed before the court verdict. This idea was shared by his co-author, Socialist-Revolutionary Tatyana Moskalkova. She believes that the novelty will increase the responsibility of the investigator and the court, which applies a preventive measure in the form of arrest. “He must understand that she can then be interpreted differently when pronouncing the sentence,” the deputy reasoned.
The law on the offset of the time spent in jail
Within three months from the date of entry into force of the law, it will begin to apply to persons serving sentences in an educational colony and a colony-settlement, and within six months - against persons serving sentences in a correctional colony of general regime, persons serving sentences in the form of mandatory correctional, forced labor, restriction of freedom, as well as in respect of servicemen serving sentences in a disciplinary military unit and in the form of restrictions on military service.
Recall that the initiative was introduced by a group of deputies headed by the Chairman of the Committee on State Building and Legislation Pavel Krasheninnikov back in 2008. The bill was also co-authored by the acting Commissioner for Human Rights, Tatyana Moskalkova, who was then the acting deputy of the State Duma. The second reading of the bill took place on June 20, 2018.
Reduction of the term of serving the sentence changes 2019
In accordance with article 53.1 of the Criminal Code of the Russian Federation, forced labor consists in attracting a convict to work in places determined by institutions and bodies of the penal system. From the wage of the person sentenced to forced labor, deductions are made to state revenue, transferred to the account of the corresponding territorial body of the penal system, in the amount established by the court verdict, and in the range from 5 to 20%.
MOSCOW, May 31 - RAPSI. The Government of the Russian Federation approved amendments to the Criminal Code to reduce the term of serving a sentence, after which imprisonment can be replaced by forced labor. This is stated in the message of the cabinet. The bill in the prescribed manner will be submitted to the State Duma of the Russian Federation.
Article 80 of the Criminal Code
4. When considering a convict’s petition or submission of the administration of the institution or the body executing the sentence to replace the unserved part of the sentence with a milder type of punishment, the court shall take into account the convict’s behavior, his attitude to study and work during the entire period of serving the sentence, the convict’s attitude to the committed act that the convicted person partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime. In respect of a convict who suffers from a sexual preference disorder (pedophilia), does not exclude sanity, and who commits a crime against the sexual inviolability of a minor under the age of fourteen over the age of eighteen, the court also takes into account the application of compulsory medical measures to the convict, his attitude to treatment and forensic psychiatric examination results.
Replacing the unserved part of the restriction of freedom, detention in a disciplinary military unit or imprisonment with a milder type of punishment is unconditional and final. The commission of a new crime by a person during this period does not entail the annulment of the court decision, and when sentencing in the aggregate of sentences is assigned a milder sentence, which was replaced by detention in a disciplinary military unit or imprisonment. If by the time the new sentence was passed, the person had served the sentence according to the previous sentence, then the rules of Art. 70 of the Criminal Code are not applicable. For example, a person committed a new crime during the period of serving of correctional labor, a preventive measure in the form of a recognizance not to leave was chosen against him, and by the time the case was considered in court, correctional work had already been completed. In this case, the court should sentence only for the newly committed crime.
The new law on the terms of detention in jail: a day for one and a half or a day for two
In July 2018, amendments to Article 72 of the Criminal Code of the Russian Federation finally began to take effect, the development and discussion of which lasted for more than 10 years by lawmakers. We are talking about the law of recalculation of the term of detention in a pre-trial detention center, which began to operate on July 14, 2018.
At the same time, those serving their sentences, for whom a measure of restraint in the form of house arrest was chosen, provided that the sentence comes into force before July 14, 2018, the amendments will not affect. Relying on Article 10 of the Criminal Code, the deterioration of the situation of those sentenced to innovations is not allowed under any circumstances.
Bill on recalculation of terms in a pre-trial detention center
Pay attention to the official and full name of the document - “Bill No. 73983-5“ On Amendments to Article 72 of the Criminal Code of the Russian Federation (on the issues of setting off the time of a person in custody until the court verdict comes into force on the term of serving the sentence of imprisonment ) ".
- = 1 day of arrest (in the current legislation also 1 day).
- = 1 day of detention in a disciplinary military unit (and in the current legislation also 1 day).
- = 1.5 days in a penal colony.
- = 1.5 days in an educational colony.
- = 2 days of restraint of liberty (in the current legislation, also 2 days).
- = 2 days in the colony settlement (as in the current legislation).
- = 3 days of correctional labor (as in the current Criminal Code).
- = 3 days of restrictions on military service (as in Article 72 of the Criminal Code).
- = 8 hours of compulsory work.
Forced labor instead of a colony
Those who have served part of the term in the colony will be able to count on an accelerated change of punishment to a less stringent one - forced labor. At the same time, the period for receiving parole (UDO) will not change. The Ministry of Justice proposes to amend the Criminal Code accordingly (Izvestia has a document). According to the authors of the bill, this will increase the number of employed convicts and will contribute to their release on parole. Experts believe that this approach will allow for the flexible application of penal legislation, the purpose of which is to correct convicts and prevent the commission of new crimes.
Amendments to the Criminal Code have already been considered by the government commission on legislative activities, an interlocutor familiar with the outcome of its meeting told Izvestia. Now the government will discuss the document, he specified. The Ministry of Justice proposed to reduce the period after which imprisonment can be replaced by forced labor. According to the draft, convicts for crimes of minor or moderate gravity will be able to apply for a reduction of the term and subsequent change of punishment after serving a quarter of the appointed term. After a third - those who committed a serious crime. Half of the term will have to be served by those convicted of a particularly serious crime.
Decree of the President on Reducing the Term of Serving Punishment
Thus, the terms of the actually served sentence are reduced, after which the punishment in the form of deprivation of liberty by forced labor is possible, compared with the terms necessary to replace the deprivation of liberty with other milder types of punishment or for the application of parole.
As Pavel Krasheninnikov, the head of the Duma committee on state building and legislation, explained earlier, “such a mechanism will provide a convicted person with good behavior, first of all, the right to commute punishment with forced labor, and later on parole.”
Review of criminal cases (with a view to reducing the term)
3. The newly discovered circumstances are: 1) the deliberate falsity of the testimony of the victim or the witness, the expert’s opinion, as well as the falsity of the material evidence, the protocols of the investigative and judicial actions and other documents, or the deliberate incorrectness of the transfer, entailing an illegal decision , unjustified or unfair sentence, the adoption of an unlawful or unjustified determination or decision, 2) established by the law the verdict of the court the criminal actions of the inquiry officer, investigator or prosecutor, entailing the decision of an unlawful, unjustified or unfair sentence, the issuance of an illegal or unreasonable determination or order, 3) the criminal actions of a judge committed by him during the consideration of this criminal business.
4. New circumstances are: 1) recognition by the Constitutional Court of the Russian Federation of the law applied by the court in this criminal case that does not comply with the Constitution of the Russian Federation, 2) violation of the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms established by the European Court of Justice when examined by a Russian court Criminal case federations related to: a) the application of a federal law that does not comply with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, b) other violations of the law article of the Convention for the Protection of Human Rights and Fundamental Freedoms, 2.1) the onset of new socially dangerous consequences of the act accused of the accused, which are the basis for charging him with a more serious crime, during the consideration of the criminal case by the court or after the court ruling (paragraph 2.1 introduced by the Federal the law of 04/26/2013 N 64-ФЗ) 3) other new circumstances.
The legislative framework of the Russian Federation
In the case of deprivation of liberty, it is proposed to count one day of the person’s detention in the remand prison as follows. When serving a sentence in prison and correctional colonies of special and strict regime - in one day. When serving a sentence in a penal colony of general regime and an educational colony - for one and a half days. When serving a sentence in a penal colony, in two days, Krasheninnikov said.
So, when serving a sentence in a disciplinary military unit or under arrest - at the rate of one day for one day. In case of restriction of freedom - one day in two days. For corrective labor and restrictions on military service - one day in three days. In the case of compulsory work - based on one day of detention for eight hours of compulsory work, said the head of the State Duma committee Pavel Krasheninnikov (United Russia).
How to reduce the term of serving a sentence
The process and procedure for applying amnesty is strictly regulated by applicable law. To determine this fact, special commissions are created, which decide the question regarding the application of amnesty. The pardon procedure is carried out only at the request of the prisoner, his relatives, as well as employees of the colony administration. With a positive court decision, mitigation or release is possible.
Не менее важную роль играет и формальное основание, предусматривающее отбытие конкретной части срока наказания. Так, при совершении преступления средней тяжести вероятно применение УДО спустя 1/3 срока отбытия наказания. Минимальный срок отбытия наказания составляет 6 месяцев. Early conditional release has its limitations. It is not used if the convicted person has committed a serious crime while serving a life sentence.
Decrease in term under criminal articles
Different people find themselves in a different situation and it happens that even more less adequate people commit crimes, intentionally or through negligence, but the fact has already become a fact. If a person is accused of a criminal article, then unreal stress is for relatives and friends, but still you need to get together and do everything possible to at least not avoid the punishment, but to reduce it. An overwhelming majority of criminal cases are convicted. The reason is the Russian judicial system. Therefore, a real victory in court for the accused party is a significant reduction in the terms of conviction.
Thus, if a verdict has already been announced and a term has already been set, then often people believe that this term does not correspond at all to the degree of social danger of the victim. If we really think so, then it is worth fighting to the last. So, what do we need to start to know from the legal component. We have two alternatives: reduction of punishment and release from it. Release is regulated by the Criminal Code itself, for example, in article 79, when a person can be released on parole, this will work here when 1/3 of the expected term of light and medium gravity is served, half of the grave harm, and 2/3 of a crime of a special grave category. The indicated periods are characterized as the maximum period specified in the article, and not the one that the perpetrator received.
On the web walks - fake - the president’s law on the act of humanism
In May 2018, information was circulated on the Internet about a certain presidential decree of May 5, 2018 on an act of humanism. The decree is supposedly aimed at reducing the sentence to those who are serving sentences in places of deprivation of liberty for serious and especially serious crimes. I’d like to say right away that there wasn’t such an act and cannot be, according to the laws of Russia.
Amnesty, criminal and administrative, has been awaited in the country since last year. Usually timed release or reduction of the term of prisoners to especially important dates. In particular, amnesty was discussed in connection with the centenary of the October Revolution, which the country celebrated in 2017. After that, there were reports that the amnesty would be announced on the anniversary of the Great Victory, although it was not “round,” the Ros-Registr website reports. information was also about amnesty in connection with the victory of Vladimir Putin in the presidential election in 2018.
The prison term is limited to 15 years.
Meanwhile, according to public figures, previous attempts at humanization do not bring visible results. And the penitentiary system in its current form does not correct criminals, but, on the contrary, generates repeat offenders - moreover, for the money of taxpayers. According to the head of the Armed Forces, Vyacheslav Lebedev, criminal law does suffer from excessive criminalization. The list of crimes enshrined in the Criminal Code, in his opinion, could be reduced - this applies to crimes of minor gravity. As one of the elements of the new Concept of the criminal law legislation, the Armed Forces plans to legalize administrative prejudice when a person who has stumbled for the first time is punished in the administrative order, and for the second time in the criminal one.
In the future, we will focus on “implanting” the mediation procedure into Russian law enforcement practice, which is now widely used in foreign countries. This is a dispute resolution involving mediators: experts suggest that retired judges be invited as mediators.