On Introducing Changes And Additions Into The Criminal Code Of The Russian Federation, The Rsfsr Code Of Criminal Procedure, The Penal Enforcement Code Of The Russian Federation And Other Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений и дополнений в Уголовный кодекс Российской Федерации, Уголовно-процессуальный кодекс РСФСР, Уголовно-исполнительный кодекс Российской Федерации и другие законодательные акты Российской Федерации

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Russian Federation, Criminal Procedure Code of the RSFSR , Criminal Procedure Code of the Russian Federation and other legislative acts of the Russian Federation adopted by the State Duma on 21 February 2001 class="ed">(In the revision of Federal Law dated 08.12.2003 N 161-FZ Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2954) the following changes and additions: 1. In article 15: part three, amend to read: " 3. The offences of medium gravity are intentional acts, for which the maximum penalty provided for in this Code is not more than five years ' deprivation of liberty, and the uncircumspect acts for which the maximum penalty is imposed, The Code provides for more than two years of imprisonment. "; , fourth sentence, and careless" delete ". 2. Article 56, paragraph 1, should read: " 1. Deprivation of liberty consists in the isolation of the sentenced person from society by sending him to a colony, a settlement institution, a correctional facility, a correctional colony of a general, strict or special regime, or a prison. " 3. Article 58 should read as follows: " Article 58. Appointment of convicted persons to deprivation of liberty of the form Correctional Institution 1. The deprivation of liberty is granted to: (a) persons convicted of offences committed by negligence, as well as persons sentenced to deprivation of liberty for premeditated offences of small and medium gravity who have not served the purpose previously Depriation of liberty, in colonies-settlements. In view of the circumstances of the offence and the identity of the perpetrator, the court may order those persons to serve their sentences in ordinary-regime correctional colonies, indicating the reasons for the decision; b) men sentenced to deprivation of liberty Freedom to commit felonies, who have not previously served deprivation of liberty, as well as convicted women in ordinary-regime correctional colonies; in) men sentenced to deprivation of liberty for the commission of particularly serious crimes, not serving a sentence of deprivation of liberty, as well as for recidivism, if convicted He was previously deprived of his liberty, and women at a particularly dangerous recidivism in high-security penal colonies; g) men sentenced to life imprisonment, and in a particularly dangerous recidivism Special-regime correctional colonies. 2. Men who have been sentenced to deprivation of liberty for particularly serious crimes for more than five years, as well as in cases of particularly dangerous recidivism, may be sentenced to prison. 3. Persons sentenced to deprivation of liberty who have not reached the age of 18 years before the court is sentenced to serve their sentence in educational colonies. 4. The change in the type of correctional institution shall be carried out by a court in accordance with the penal enforcement legislation of the Russian Federation. ". 4. In paragraph 3 of article 79: , in paragraph (a), replace the word "one third"; , in the word "two thirds", replace the word "half"; , in the word "three quarters", replace "two" by "two". Third ". 5. In article 80: , in the first word "for the crime of minor or moderate gravity", delete; part two, amend to read: " 2. The unserved part of the sentence may be commuted to a lighter form of punishment after the convicted person has served a sentence of deprivation of liberty for: a crime of minor or moderate gravity-not less than one third of the sentence; A serious crime-not less than half of the penalty; a particularly serious crime-not less than two thirds of the sentence. ". 6. In article 82: , in Part One, replace the word "8" with the word "fourteen", replace the word "eight" with the word "14"; part three, amend to read: " 3. When the child reaches the age of 14, the court shall release the convicted person from serving the sentence or the rest of the sentence or replace the rest of the sentence with a lighter penalty. ". 7. Paragraph 6 of article 88 should read: " 6. Deprivation of liberty shall be imposed on juvenile offenders for a term not exceeding ten years and shall be served in educational colonies. ". 8. The title and the first paragraph of article 93 should read as follows: " Article 93. Conditional release from serving of sentence punishment Conditional release from serving of sentence may be applied to persons who have committed a crime at a minor's age, sentenced to correctional labour or deprivation of liberty after the actual departure: ". 9. Article 96 should be supplemented with the words "or educational colony". 10. In article 314, the word "short-term" should be deleted. 11. Article 321 should read as follows: " Article 321. Disorganization of institutions, isolated from society 1. The use of violence not harmful to the life or health of the convicted person or the threat of violence against him in order to prevent the convicted person from being fixed or revenge for the assistance provided to him by the administration of the institution or authority The prison system is punishable by up to five years ' imprisonment. 2. The acts referred to in the first part of this article committed against a member of the place of deprivation of liberty or place of detention in connection with the performance of his or her official activities or close- shall be punished by deprivation of liberty. between two and five years. 3. The acts referred to in paragraphs 1 and 2 of this article, committed by an organized group or by violence dangerous to life or health,- shall be punishable by deprivation of liberty for a period of between 5 and 12 years. " Article 2. Amend the Criminal Procedure Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, art. 592; 1963, N 36, sect. 661; 1966, N 36, sect. 1018; 1970, N 22, sect. 442; 1972, N 26, sect. 663; 1973, N 16, sect. 353; 1974, No. 29, sect. 782; 1977, N 12, sect. 257; 1983, N 32, sect. 1153; 1985, N 5, article 163; 1989, N 50, sect. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1389; N 27, sect. 1560; N 49, sect. 2866; 1993, N 22, sect. 789; N 32, sect. 1231; Legislative Assembly of the Russian Federation, 1994, N 10, sect. 1109; 1995, N 51, sect. 4973; 1996, N 25, sect. 2964; N 52, sect. 5881; 1997, N 1, sect. 4; 2000, N 33, article 3345) the following changes and additions: 1. In article 89: , in the first word of "public organizations", replace the words "public associations"; with a new part of the fourth reading: " To minors other than preventive measures, The provisions of Part One and Part Two of this article may be used as a preventive measure against the use of supervision. "; part four shall be considered as Part Five. 2. In article 94, paragraph 2, the words "up to one minimum size" should be replaced by the words "up to a hundred minimum size", the words ", or the measures of public effect" should be deleted. 3. In article 95: , in the name of the word "public organization", replace the words "public association"; , in the first word, the "public organization" in the appropriate puddah. In the second word "Public organization providing sponsorship" should be replaced with the words "The public association providing sponsorship shall be supplied". 4. Article 96 should read as follows: " Article 96. Detention Detention as a preventive measure is subject to the requirements of article 11 of this Code in respect of a person suspected or accused of a crime for which the law shall be punished by imprisonment for the term of up to two years. In exceptional cases of offences for which the law prescribes a penalty of up to two years ' imprisonment, the measure of restraint may be applied to the suspect or accused if he has violated previously elected The preventive measure is either not permanent in the territory of the Russian Federation or has not been established. A juvenile suspect or accused person may be detained as a preventive measure in the event of a serious or particularly serious offence. In exceptional cases, this measure of restraint may be imposed on a minor, suspect or accused of an offence for which the law prescribes a penalty of up to five years ' imprisonment. When deciding whether to sanction the arrest, the prosecutor is obliged to scrutinize all the files of the case file containing the grounds for detention and, where necessary, to interview the suspect or the accused, and a minor suspect or accused person, in all cases. The Prosecutor General of the Russian Federation, his deputies, the Deputy Prosecutor General of the Russian Federation, the Chief Military Prosecutor, the procurators of the constituent entities of the Russian Federation, equivalent to military procurators and prosecutors of other specialized prosecutors ' offices, their deputies, procurators of towns and districts, equivalent to them to the territorial prosecutors, military procurators and prosecutors of other specialized prosecutor's offices. Reuse in respect of the same person and in the same case of detention as a preventive measure following the abolition of the order of a judge rendered in accordance with article 220-2 of this Code is possible only at the time of The opening of new circumstances that make the person in custody necessary. The re-use of remand in custody as a preventive measure may be appealed to the court on a general basis. The person or body in the case of a criminal case must immediately notify one of the close relatives of the suspect or accused of the place or of the change in the place of detention. ". 5. In article 97, paragraph 2, the words "serious crimes and" should be deleted. 6. In article 99: , in Part One, replace "values" with "other values, including securities and real estate", the words "other person or organization" should be replaced by "other natural person or legal entity"; Part Two to supplement the sentence with the following content: "The minimum amount of a pledge cannot be less than a hundred minimum wage."; to be added to the fifth reading: " In case of change preventive measure in the form of bail if this is not related to Improper conduct of a suspect or accused, bond is returned to the mortgage holder. ". 7. Supplement chapter 20, article 239-1 as follows: " Article 239-1. Length of detention of the defendant in custody in court time The duration of custody of a person who is in court may not exceed six months from the date on which the case is brought to trial. In cases where remand in custody as a preventive measure is chosen by the court in the manner provided for in article 222, paragraph 5, and article 260 of this Code, the period of detention begins at the time of the defendant's detention. Where there is evidence that the release of the defendant from custody will make it much more difficult for a full, complete and objective study of the circumstances of the case, the court on its own motion or the prosecutor's motion The defendant is entitled to extend the period of remand in custody until a court decision on the merits of the case is rendered, but not for more than three months. This decision shall be taken before the expiry of the period of remand in custody set out in the first part of this article. The court shall issue a ruling on the extension of the defendant's detention and the judge makes the ruling. The decision must be motivated. The defendant, his counsel or legal representative, the victim or his or her legal representative may appeal, and the prosecutor, to challenge the ruling (order) of the court to a higher court. A complaint or protest is brought through the court that issued the ruling. Together with a complaint or protest to a higher court, a court order (ruling) and the material that led to the decision to extend the period of detention are presented. Complaints or protests must be heard within ten days from the date of receipt of the said material to the court. He is immediately released from detention when the court lifts the ruling (orders) on the extension of the defendant's detention. For persons accused of committing particularly serious crimes, the requirements of this article are not subject to the requirements of this article. ". 8. In the first part of article 364, the words "agreed upon with the Supervisory Committee of the Executive Committee of the local council of people's deputies" should be deleted. 9. Article 394 should be amended to read: " Article 394. The return of a minor under the supervision of the minor suspect or accused person under the supervision of the parents or other relatives, guardians or trustees or other trustworthy persons, and of a minor, in a special children's institution-the administration of this institution consists in the acceptance of a written undertaking by any of the persons concerned or the administration of the said institution to ensure proper conduct a minor suspect or accused person, and his or her appearance in the person conducting the initial inquiry, The investigator, the procurator or the court. The return of a minor suspect or accused person to the care of the parents or other persons referred to in part one of this article, as well as to the administration of the special children's institution, is possible only on the written request of the data or the administration. Upon removal of the subscription for parental acceptance, parents and other relatives, guardians, trustees or other trustworthy persons, as well as the administration of special children's institutions, shall be informed of the nature of the case in which This measure of restraint has been chosen, and the responsibility in the case of a juvenile suspect or accused who has committed a preventive measure in the form of a minor's return to care. To the parents and others referred to in the first part of this article, as well as to the administration of the special children's institution, which has been placed under the supervision of a minor suspect or accused, in the event of failure to comply with them The penalties imposed may be those provided for in article 94, paragraph 2, of this Code. " Article 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 198; 1998, N 30, sect. 3613) the following changes and additions: 1. In article 12, paragraph 7, the words "on general grounds" should be deleted. 2. Article 16 should be amended to read: " Article 16. The institutions and bodies that execute punishments 1. The penalty of a fine shall be executed by the court which handed down the sentence or by a court in the place of residence (work) of the convicted person. 2. The penalty of deprivation of the right to hold certain positions or engage in certain activities is carried out by the criminal and executive inspection of the place of residence (work) of the convicted person, the correctional centre, the correctional institution or Disciplinary unit. The requirements of the sentence of deprivation of the right to hold certain positions or engage in certain activities are performed by the administration of the organization in which the convicted person works, as well as the bodies entitled to revoke the law Authorization to engage in relevant activities. 3. The penalty of deprivation of special, military or honourable rank, class rank and state awards shall be executed by the court which handed down the sentence. The requirements of the sentence of deprivation of special, military or honourable rank, class rank and state awards shall be performed by the official who appropriated the title, the class rank or award of the State award or the relevant authorities of the Russian Federation. 4. The punishment in the form of compulsory works is performed by the penal enforcement inspecvo at the place of residence of the convicted person. 5. Corrective work shall be carried out by the penal enforcement inspective. 6. (Paragraph 10 is lost)-Federal Law of 08.12.2003. N 161-FZ) 7. The penalty of restriction of liberty shall be executed by the correctional centre. 8. The punishment in the form of arrest is executed by the arrest house. 9. The punishment in the form of deprivation of liberty is executed by a colony-settlement, an educational colony, a correctional institution, a correctional colony of a general, strict or special regime, or a prison, and against persons referred to in article 77 of the present The Code, the Detention Unit. 10. The penalty of life imprisonment shall be executed by a special regime correctional colony for convicts serving life sentences. 11. The death penalty shall be executed by the institutions of the penal correction system. 12. In the case of members of the armed forces, the disciplinary forces shall be subject to disciplinary action, specially designed for this purpose by the disciplinary forces; the arrest is the command of the garrison at the prison garrison for convicted soldiers or The respective branches of the garrison guptubacht; the military service is the command of the military units in which the military personnel are serving (hereinafter referred to as the command of the military units). 13. Sentenced prisoners are under the control of the prison inspects. The military control is carried out by the command of the military units. 14. The institutions performing the punishments specified in part two, fourth, fifth, seventh, eighth, ninth and tenth of this article are institutions of the penal correction system. ". 3. In article 18: part two after the words "or drug addiction," to be supplemented with the words " and also suffers from a mental disorder which does not exclude sanity, which is connected with the possibility of causing other substantial harm to these convicted persons, or from danger to himself or others, "; part three, should be deleted; part four should be considered part three. 4. In article 20, first paragraph, the word "eight" should be replaced by the word "fourteen". 5. In article 74: Part Two should be supplemented with the following sentence: "Isolated sites with different types of regime may be created in one penal colony."; third sentence, amend to read: " 3. Persons sentenced to deprivation of liberty for crimes committed by negligence, premeditated offences of minor and moderate gravity, and transferred from correctional colonies of general and strict correctional colonies are serving their sentences in the settlement colonies. and in accordance with the procedure established by Parts Two and Three of Article 78 of this Code. "; Part VIII shall be amended to read: " 8. Convicts referred to in article 101, paragraph 2, of this Code are serving their sentences in hospitals and medical establishments. Treatment and prevention institutions function as correctional facilities for convicted prisoners. ". 6. In article 76, paragraph 2, the words "HIV-positive convicts" should be deleted. 7. In article 78: , in Part Two: to supplement the new paragraph "b" of the following content: " b) from a special regime correctional colony to a penal colony on the departure of convicted prisoners in a correctional colony. A special regime colony not less than half of the sentence imposed by the court; "; , paragraph" B ", paragraph" B "; paragraph of the fourth sentence should be amended to read:" Convicted women not to be transferred to prison to be. ". 8. In article 80, paragraph 2, the second sentence and the words ", as well as separately", should be deleted. 9. In article 82: Part 8 should read: " 8. The list of items and objects which the sentenced person is prohibited from obtaining, receiving, parcels, parcels or packages shall be set by the Rules of Internal Order of Correctional Institutions. "; The following sentence is proposed: "Money, securities and other property whose owner is not established shall apply to the State income in accordance with the law of the Russian Federation.". 10. In article 88: , in the fifth word "within the limits of one and a half minimum wage levels, taking into account the allowances provided for in the legislation of the Russian Federation", replace the words "without restriction"; in part six of the word "in". The amount of up to one fixed minimum wage, taking into account the allowances provided for by the legislation of the Russian Federation, shall be replaced by the words "without restriction". 11. In Article 90: Part One: " 1. Convicted prisoners are allowed to receive parcels, parcels and packages: (a) women and persons detained in educational colonies, without restriction of the quantity; b) men, in the number prescribed by the articles 121, 123, 125 and 131 of this Code. The maximum weight of one parcel or banner is determined by the mail rules. The weight of one gear shall not exceed the fixed weight of one parcel. "; , in part two," convicted pregnant women and convicted women whose children are in the homes of the child of correctional institutions ", delete; Replace the words "125, 131 and 133" with the words "125 and 131". 12. In article 94: part one after the word "films" to be supplemented with the words "and video films"; Part Four after the words "Penalty Chambers" to be supplemented with the words "and disciplinary". 13. In part three of article 97, the words "; convicted persons with mental disorders not exclusive of sanity" should be deleted. 14. In the first part of article 98, the words "on general grounds" shall be replaced by the words "in the manner prescribed by the Government of the Russian Federation". 15. Article 101, paragraph 2, should read: " 2. In the penal correction system, medical treatment facilities (hospitals, special psychiatric and tuberculosis hospitals) and medical units, and for the maintenance and outpatient treatment, are provided to convicted prisoners Alcohol and drug addicts, alcoholics and drug addicts, treatment facilities. ". 16. Part 4 of Article 108 should be supplemented with the following sentence: " In view of the available capacity, the administration of the correctional institution provides assistance to convicted persons in obtaining secondary (full) general education and higher education. Vocational training. ". 17. The first and fourth article 116 should read: " 1. The use of alcoholic beverages or narcotic drugs or psychotropic substances; minor hooliganism; threat, disobedience to representatives of persons sentenced to deprivation of liberty (a) The administration of a correctional institution or their insult in the absence of evidence of a crime; the manufacture, possession or transfer of prohibited objects; avoidance of the execution of compulsory medical measures or of compulsory treatment; by a court or by a decision of a medical commission; organization Strikes or other group disobedience, and active participation in them; sodomy, lesbianism; organization of groups of convicted persons to commit the offences referred to in this article and active participation in them; refusal of or stopping without good reason. "; " 4. The convicted offender shall be convicted by a malignate perpetrator of the established procedure of serving the sentence by order of the chief of the correctional institution, upon presentation of the correctional facility's administration, at the same time as the imposition of penalty. ". 18. Article 120, paragraph 1, should be supplemented with the following sentence: " If the convict during his or her stay in the remand centre is not recognized as an inmate of the established procedure for serving his/her sentence, the term of his or her term is normally is calculated from the day of detention. ". 19. In article 121: , in part one, paragraph (a), of the word "50 per cent of the minimum size", replace the words "three minimum dimensions"; , in the second paragraph of the word "minimum wage", replace the words "the minimum wage" with the words "the minimum wage". "uncapped". 20. In article 123: , in the first paragraph of the first word "40 per cent of the minimum size", replace the words "two minimum dimensions"; , in the second paragraph of the second word, 80 per cent of the minimum size, replace "three" minimum dimensions ". 21. In article 125: , in part one, paragraph (a), replace the words "30 per cent of the minimum" with "minimum size"; , replace "60 per cent of the minimum" with "two minimum" in the second word of "60 per cent of the minimum size". size ". 22. The first and second article 128 should read as follows: " 1. Imprisonment sentences are served separately in settlement colonies: persons convicted of offences committed by negligence; for the first time, persons convicted of premeditated offences of moderate or moderate gravity; positive (a) Convicted persons transferred from the general and strict regime colonies in accordance with the procedure provided for in article 78 of this Code. 2. In all colonies-settlements, convicted persons serve their deprivation of liberty under the same conditions. ". 23. In article 130: Part one of the first sentence after the word "shall" be supplemented by the word "men" to be supplemented with the following sentence: "The sentence imposed on a court to serve in prison shall be calculated on the date of the arrival of the sentenced person in prison."; In the fourth sentence, "convicted pregnant women and convicted women with small children and" should be deleted. 24. In article 131: , paragraph (a), of the fourth word "40 per cent", delete; , in part 5 of the fifth word, replace "20 per cent" with "60 per cent". 25. In article 132: , in the name and part of the first word "general and reinforced", delete; part two, amend to read: " 2. Under normal conditions, juveniles serving sentences in a juvenile correctional colony, who have been serving a sentence of deprivation of liberty and convicted for intentional crimes committed while serving their sentence, are serving their sentences. as well as juveniles transferred from the facilitated, privileged or strict conditions of serving their sentences. If the convicted person during his stay in the remand centre is not recognized as a malignative offender, the term of his or her detention under normal conditions shall be calculated from the day of his/her detention. "; part three after the words "deprivation of liberty" should be supplemented with the words "and previously served deprivation of liberty"; , in Part Four, the word "translated" should be replaced by the words "may be translated". 26. In article 133: , in the name of the word "general and enhanced", delete; , first: in the first word of the word "general and reinforced", delete; , in the word "60 per cent" The minimum size "shall be replaced by the words" five minimum sizes "; , delete; in the second: in the paragraph" a ", replace" 120 per cent of the minimum size "with" 7 minimum sizes "; delete; part three in the next paragraph editions: " 3. Convicts who are serving a sentence on preferential terms live in dormitories. They are allowed: (a) to spend on the purchase of foodstuffs and articles of first necessity, available on the personal accounts, without restriction; b) have short visits without restriction of their quantity, and Six long visits during the year with residence outside the educational colony. "; to supplement the new part four: " 4. In accordance with the decision of the head of the educational colony, convicted and serving a sentence may be allowed to stay in a dormitory outside the educational colony without protection, but under the supervision of the administration of the educational colony. In this case, they are also allowed: (a) to use the money; b) to wear civilian clothes. "; part four is considered part of the fifth and in it: in the word" a 30 percent of the minimum size " Replace the words "three minimum dimensions"; , delete; , paragraph "in", read "b". 27. In the names of articles 134, 135, 136 and 137, the words "general and strengthened regimes" should be deleted. 28. The first part of article 139 is as follows: " 1. In order to consolidate the results of the correction, completion of secondary (full) general education or vocational training, convicts who have reached the age of 18 may be left in a correctional colony until the end of the sentence but not more than than before they reached the age of 21. " 29. In article 175: part 10, delete; parts eleven and twelve are to be considered as parts of the tenth and eleventh sections, respectively. 30. In the first part of article 177, replace the word "8 years" with the word "14". 31. In paragraph 5 of article 178, replace the word "8 years" with the word "14", the words "or referral to a correctional institution" should be deleted. Article 4. Russian Federation Act of 21 July 1993 No. 5473-I "On institutions and bodies executing criminal sentences of deprivation of liberty" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1316; Legislative Assembly of the Russian Federation, 1998, No. 16, art. 1796; N 30, est. 3613; 2000, N 26, est. 2730) as follows: Part five of Article 12 after the words "of the penal correction system" is supplemented by the words "as well as the organs of the Ministry of Justice of the Russian Federation"; Article 38: Part One to supplement paragraph 1 with the following: "1) Federal Assembly of the Russian Federation;"; paragraph 3 of the fourth supplement to the words ", representatives of international (inter-State, intergovernmental) organizations, (a) To monitor the observance of human rights. " Article 5. Enact the Federal Law of 15 July 1995 N 103-FZ "On the Detention of Suspects and Accused of Crimes" (Assembly OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2759; 1998, N 30, sect. 3613) the following additions: Part Two of article 8 should be supplemented with the following sentence: " Detention centres under the direct central authority of the Ministry's executive system may also be established. of the Russian Federation. "; , paragraph 7, paragraph 2, of article 33, paragraph 2, after the words" Customs authorities, "should be supplemented by the words" the service of the bailiff ". Article 6. Paragraph "in" part one of article 9 of the Federal Act of 25 July 1998 No. 128-FZ "On State fingerprint registration in the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3806) to be supplemented by the following paragraph: "institutions and bodies of the penal correction system of the Ministry of Justice of the Russian Federation;". Article 7. This Federal Law shall enter into force on the date of its official publication, except for: Article 2, paragraph 5, which shall enter into force on 1 January 2002; Article 2, paragraph 7, which shall enter into force in three months ' time. after the entry into force of this Federal Act. President of the Russian Federation Vladimir Putin Moscow, Kremlin 9 March 2001 N 25-FZ