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

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102069986

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to 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 adopted by the State Duma on February 21, 2001 year approved by the Federation Council of the year February 22, 2001 (as amended by the Federal law dated 08.12.2003. N 161-FZ), Article 1. Amend the Penal Code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 25, text 2954) the following amendments and supplements: 1. In article 15: part three shall be amended as follows: "3. Offences moderate intentional acts punishable under this code by imprisonment for not more than five years, and negligent acts punishable under this code exceeds two years ' imprisonment. ";
in the fourth part, the words "and reckless" should be deleted.
2. the first part of article 56 shall be amended as follows: "1. deprivation of liberty is to isolate the convicted person from society by directing it to the colony-settlement, placement in a reformatory, medical institution, correctional colony of General, strict or special regime or in jail."
3. Article 58 shall be amended as follows: "article 58. Appointment of condemned to deprivation of freedom type of correctional facility 1. Serving imprisonment is assigned: a) to persons convicted of offences committed through negligence, as well as the persons condemned to deprivation of liberty for a premeditated crime is small and moderate, reportedly not previously the deprivation of liberty, in the colonies-settlements. Taking into account the circumstances of the crime and the perpetrator the Court may appoint the persons serving sentences in correctional colonies general regime with the reasons of the decision taken;
b) Males sentenced to deprivation of liberty for serious crimes not previously reportedly deprivation of liberty, as well as convicted women sent to ordinary-regime correctional colonies;
in) for men, sentenced to imprisonment for the Commission of particularly serious crimes, reportedly not previously the deprivation of liberty, as well as in case of recidivism, if the convicted person had previously served a deprivation of liberty, and women in case of especially dangerous recidivism-in strict-regime correctional colonies;
g) men sentenced to life imprisonment, as well as in case of especially dangerous recidivism-in special-regime correctional colonies.
2. Men convicted to imprisonment for the Commission of particularly serious crimes for more than five years, as well as in case of especially dangerous recidivism to serve part of their sentence in prison can be assigned.
3. Persons sentenced to deprivation of liberty, the age at the time of sentencing under eighteen years of age, the sentence is assigned in educational colonies.
4. modification of the type of correctional facility shall be carried out by the Court in accordance with the penal laws of the Russian Federation. "
4. In the third part of article 79: in paragraph "a" of the word "half" were replaced by the words "one third";
in paragraph "b", the words "two thirds" should be replaced by the word "half";
"in", the words "three-fourths" were replaced by the words "two thirds".
5. Article 80: in the first part of the phrase "for a lesser or intermediate offence" should be deleted;
Part II shall be amended as follows: "2. The remaining part of the sentence can be commuted to a more lenient punishment after the departure of convicted to deprivation of liberty for committing crimes of lesser or average seriousness, not less than one third of their sentence;
felony-at least half of their sentence;
particularly serious crime-not less than two thirds of the sentence. "
6. Article 82: in the first part of the word "eight" was replaced by "fourteen", the word "eight years" replaced by "14";
part three shall be amended as follows: "3. When the child reaches the age of 14 the Court releases convicted from serving the sentence or the remainder of their sentences or replaces the remainder of punishment more lenient punishment.".
7. Part of the sixth article 88 shall be amended as follows: "6. The deprivation of liberty of minors convicted for a term not exceeding ten years and served in educational colonies".
8. the name and the first paragraph of article 93 shall be amended as follows: "article 93. On parole from serving the sentence on parole from serving the punishment can be applied to the persons who committed the crime as minors sentenced to punitive deduction of earnings or deprivation of liberty after the actual departure date: ".
9. Article 96 shall be supplemented with the words "or the reformatory."
10. Article 314 of the word "short" should be deleted.
11. Article 321 shall be reworded as follows: "article 321. Disruption of the activities of providing isolation from society

1. The use of violence, are not dangerous to the life or health of the convicted person, or the threat to use violence against it to prevent the correction of the sentenced person or of retaliation for their assistance to the administration of the institution or body of the penal correction system shall be punishable by deprivation of liberty for up to five years.
2. the acts referred to in paragraph 1 of this article committed against a place of imprisonment or detention in connection with the implementation of IM performance or his relatives, shall be punishable by deprivation of liberty for a term from two to five years.
3. The acts referred to in paragraphs 1 and 2 of this article committed by an organized group, or with the use of violence that endangers life or health, is punishable by deprivation of liberty for a term of five to twelve years.
Article 2. To amend the code of criminal procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592; 1963, no. 36, text 661; 1966, no. 36, art. 1018; 1970, N 22, art. 442; 1972, N 26, art. 663; 1973, N 16, art. 353; 1974, no. 29, art. 782; 1977, N 12, art. 257; 1983, no. 32, St. 1153; 1985, N 5, art. 163; 1989, no. 50, art. 1478; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 25, art. 1389; N 27, art. 1560; N 49, St. 2866; 1993, N 22, art. 789; N 32, St. 1231; Collection of laws of the Russian Federation, 1994, N 10, art. 1109; 1995, N 51, art. 4973; 1996, N 25, art. 2964; N 52, art. 5881; 1997, N 1, art. 4; 2000, no. 33, art. 3345) the following amendments and supplements: 1. In article 89: in the first part of the phrase "public organizations" were replaced by the words "public associations";
to complement the new part 4 to read as follows: "minors in addition to the measures provided for paragraphs 1 and 2 of this article may be applied as a preventive measure the impact under the supervision.";
part four considered part of fifth.
2. In the second part of article 94 the words "up to one minimum size" were replaced by the words "up to one hundred minimum monthly", the words "or applied measures of public influence" should be deleted.
3. Article 95: the words "in the name of the public organization" should be replaced by the words "public association";
in the first part the words "non-governmental organization" in appropriate cases "were replaced by the words" in appropriate cases;
in the second part of the word "non-governmental organization providing surety should be" should be replaced by the words "public association, giving a guarantee, must be made".
4. Article 96 shall be amended as follows: "article 96. Detention, remand in custody as a preventive measure applied in accordance with the requirements of article 11 of this code in respect of persons suspected or accused of committing a crime for which the law prescribes punishment in the form of deprivation of liberty for a term not exceeding two years. In exceptional cases, offences punishable by deprivation of liberty for up to two years, indicated a preventive measure may be applied to a suspect or accused, if he violated the earlier elected him a measure of restraint or has no permanent residence in the territory of the Russian Federation or his identity has not been established.
A juvenile suspect or accused in custody as a preventive measure may be applied in case of grave or particularly grave crime. In exceptional circumstances this preventive measure may be applied in respect of a minor suspected or accused of committing a crime for which the law prescribes punishment in the form of deprivation of liberty for up to five years.
When deciding on the warrant the Procurator must acquaint himself thoroughly with all the evidence in the case, containing the grounds for the detention and, where necessary, personally question the suspect or accused, and the juvenile suspect or accused-in all cases.
Right to give sanction to arrest belongs to the Prosecutor General of the Russian Federation, his Deputy, the Deputy Prosecutor General of the Russian Federation-the Chief Military Prosecutor, prosecutors of the subjects of the Russian Federation, coequal to them military prosecutors and procurators of other specialized prosecutors, Deputy Prosecutors, towns and districts, coequal to them territorial prosecutors, military prosecutors and procurators of other specialized procuratorates.
Reapply in respect of the same person in the same case and remand in custody as a preventive measure after its cancellation by a judge, made in the manner provided for in article 220-2 of this code shall be possible only with the opening of the new circumstances in which the restraint of the person in custody is necessary. Re-use of remand in custody as a preventive measure can be appealed in court.
A person or body in charge of the criminal case, must immediately notify one of the relatives of the suspect or accused person on site or on the change of the place of detention. "
5. In the second part of article 97, the words "serious offences and" should be deleted.
6. In article 99:

in the first part of the word "values" were replaced by the words "other valuables including securities and real estate objects", the words "other person or entity" should be replaced by the words "other natural person or legal entity";
the second part of the supplement with the following sentence: "the minimum deposit cannot be less than 100 times the minimum wage.";
supplement paragraph 5 to read as follows: "in case of change of the preventive measure in the form of collateral to imprisonment, if it is not connected with the improper behavior of the suspect or accused, the deposit will be returned to the pledgor.
7. Add the following to the head of the twentieth article 239-1 as follows: "article 239-1. The term of detention of a defendant during the Trial Period of detention of the person whose case is in court, may not exceed six months from the date of receipt of the case in court. In cases where the detention as a preventive measure is elected by the Court in the manner prescribed by article 222, paragraph 5 and article 260 of this code, the start of the specified time limit shall be calculated from the moment of the conclusion of the defendant in custody.
If there is evidence that the defendant's release from custody would complicate considerably the comprehensive, complete and objective investigation of the circumstances of the case, the Court on its own motion or the motion of the Prosecutor is entitled to prolong the detention of the defendant in custody pending a court decision on the merits, but for not more than three months. This decision should be made before the expiry of the period of detention of the defendant in custody, established in the first paragraph of this article. On remand the defendant in custody, the Court shall determine and judge the Ordinance. The decision must be motivated.
The defendant, his defence counsel or his legal representative, the victim or his legal representative, and the Prosecutor can appeal to contest the determination (decision) of the Court to a higher court.
Complaint or protest the expense through the Court that rendered the definition of (ruling).
However, a complaint or protest shall be submitted to a higher court (judgment) Court and materials, which led to the adoption of a judicial decision on the extension of detention. Received a complaint or protest must be considered within ten days from the date of receipt of such materials to the Court.
When you undo a superior court (judgment) Court on remand the defendant in custody he shall be released immediately from custody.
Persons who are accused of committing the most serious crimes, the requirements of this article shall not apply. ".
8. In the first part of article 364 words "agreed with the observation by the Commission to the Executive Committee of the local Council of people's deputies of" should be deleted.
394. Article 9 shall be amended as follows: "Article 394. The return of the minor under the supervision of the return of a juvenile suspect or accused person under the supervision of their parents and other relatives, guardians, or other trusted individuals, and a minor vospityvajushhegosja in their own establishment, the administration of the institution consists in taking over any of these persons or agency-specific administration of a written commitment to ensure the proper behavior of a juvenile suspect or accused person and his appearance to the person making the inquiry the initial inquiry, the investigator, the Procurator or the Court.
The return of a juvenile suspect or accused person under the supervision of parents and other persons referred to in paragraph 1 of this article, as well as the Administration, special children's institutions is possible only upon written request of these persons or administration.
When you remove a subscription on the adoption under the supervision of parents and other relatives, guardians or other credible person, as well as the administration of the institutions are informed of the essence of the case in which elected this preventive measure, and on liability in the event of a minor suspected or accused of action for the prevention of which was applied as a measure of the impact of the minor under supervision.
To parents and other persons referred to in paragraph 1 of this article, as well as the Administration, special children's institutions, which was placed under the supervision of a juvenile suspect or accused person, in case of failure to fulfil obligations can be applied penalties provided for under part 2 of article 94 of the present code. ".
Article 3. To amend the code of criminal procedure of the Russian Federation (collection of laws of the Russian Federation, 1997, N 2, p. 198; 1998, N 30, art. 3613) the following amendments and supplements: 1. part of the seventh article 12 the words "common grounds" should be deleted.
2. Article 16 shall be amended as follows: "article 16. Institutions and bodies performing punishment 1. A fine marks court convicting, or by the Court for the place of residence (work).

2. the penalty of deprivation of the right to occupy certain positions or engage in certain activities executed Criminal Executive inspection at the place of residence (work) a convict to correctional centre, correctional institution or disciplinary military part. Requirements of the sentence of deprivation of the right to occupy certain positions or engage in certain activities shall be executed by the administration of the Organization, which employs the convicted person, as well as the authorities with jurisdiction in accordance with the law to cancel the permission to engage in relevant activities.
3. the penalty of deprivation of special military or honorary title, class rank and State Awards marks the court convicting. Requirements of the prison sentence of the special, military or honorary title, class rank and State awards shall be executed by the officer, prisvoivshim rank, rank or nagradivshim State award or the relevant authorities of the Russian Federation.
4. the penalty of compulsory labour executed Criminal Executive inspection at the place of residence of the convicted person.
5. Re-education through labour performed the Criminal Executive inspection.
6. (Paragraph 10th lost effect-the Federal law dated 08.12.2003. N 161-FZ) 7. The sentence marks the Correctional Centre.
8. Arrest marks the arestnym of the House.
9. the penalty of deprivation of liberty is executed a colony-settlement, educative, curative colony correctional institution correctional colony of General, strict or special regime or prison, and in respect of the persons referred to in article 77 of this code, the detention unit.
10. the penalty of imprisonment is executed the correctional colony of special regime for convicts serving life imprisonment.
11. The death penalty is executed by institutions of the penal correction system.
12. With regard to military punishment executed in disciplinary content: military-specifically designed for this disciplinary military units; arrest-command garrisons at centres for convicted members of the armed forces or in the respective offices garrison gauptvaht; restriction on military service-the command of military units, in which the soldiers are serving (hereinafter referred to as the command of military units).
13. Conditionally sentenced are under the control of prison inspections. Probation monitoring is carried out by the military command of military units.
14. the agencies performing the punishment specified in the parts of the second, fourth, fifth, seventh, eighth, ninth and tenth of the present article are institutions of the penal correction system.
3. Article 18: part 2, after the words "or drug addiction," add the words "as well as suffering mental disorder, not precluding the sanity that is associated with the possibility of causing those convicted a substantial harm or danger to themselves or others";
part three should be deleted;
part four take part three.
4. In the first part of article 20, the word "eight" was replaced by "fourteen".
5. In article 74: the second part of the supplement with the following sentence: "in one colony isolated sections can be created with different kinds of mode.";
part three shall be amended as follows: "3. The colonies-settlements are serving sentences offenders sentenced to deprivation of liberty for offences committed through negligence, intentional crimes small and medium gravity, as well as convicts transferred from correctional colonies of common and strict regimes on the basis of and pursuant to the procedure provided for in the second and third parts of article 78 of the present code.";
part of the eighth worded as follows: "8. the correctional treatment and treatment-and-prophylactic institutions convicts serve their sentences referred to in the second part of article 101 of this code. Treatment-and-prophylactic institutions perform correctional functions in relation to convicts in them. ".
6. In the second part of article 76 the words "HIV-positive convicts", should be deleted.
7. In article 78: part two: complement new paragraph "b" as follows: "b) from the colony of special regime in penal colony-served convicts in the colony of special regime at least half of the judgement of a court-appointed";
the item "b" read paragraph "b";
the item "b" part of the fourth supplement with the following sentence: "convicted women in prison are not eligible.
8. In the second part of article 80 the second sentence and the words "as well as a separate" should be deleted.
9. Article 82: eighth part to read: "8. the list of items and items that are prohibited to carry convicts, receive parcels, shows, newspaper or acquire, set the rules governing the internal order regulations of correctional institutions.";

part the ninth supplement with the following sentence: "money, securities and other valuables, the owner of which is not installed, refer to the State in accordance with the legislation of the Russian Federation."
10. Article 88: part 5, the words "within one and a half times the minimum wage, taking into account the allowances stipulated by legislation of the Russian Federation" were replaced by the words "without limitation";
in the sixth part the words "of up to one minimum wage taking into account allowances stipulated by legislation of the Russian Federation" were replaced by the words "without limitation".
11. In article 90: first part shall be reworded as follows: "1. Condemned to deprivation of freedom is allowed to receive parcels, and parcels: a) women and persons in educational colonies-without limitation of amount;
b) men in the amount prescribed by articles 121, 123, 125 and 131 of this code.
Maximum weight of one parcel or a parcel is determined by postal regulations. A transfer shall not exceed the weight of one parcel. ";
in the second part the words "convicted pregnant women and convicted women whose children are in orphanages, correctional institutions" should be deleted;
in part three, the words "125, 131 and 133" were replaced by the words "125 and 131".
12. Article 94: part one after the word "movies" add the words "and the movies";
part four, after the words "camera penalty" add the words "disciplinary".
13. In the third part of article 97 words "; convicted persons suffering from mental disorders are not exclusive of sanity ", should be deleted.
14. In the first part of article 98, the words "common grounds" should be replaced by the words "the procedure established by the Government of the Russian Federation".
15. The second part of article 101 shall be reworded as follows: "2. In the penal correction system for medical care of convicts organized medical institutions (hospitals, special psychiatric and tuberculosis hospital) and medical units, and for content and outpatient treatment of convicted persons, patients with active tuberculosis, alcoholism and drug addiction-treatment correctional institutions.".
16. Part four article 108 supplemented by the following sentence: "taking into account the existing capacity of the administration of the correctional institution is assisting convicted persons in obtaining secondary (full) general education and higher vocational education.
17. Part of the first and fourth article 116 shall be reworded as follows: "1. Malicious violation of the convicted to imprisonment of the established order of serving the sentence are: consumption of alcoholic beverages or narcotic drugs or psychotropic substances; disorderly conduct; the threat of defiance representatives of the administration of the correctional institution or insult them in the absence of evidence of a crime; production, storage or transfer of prohibited items; evading enforcement of coercive measures of a medical nature or of compulsory treatment, or by a court-appointed medical board; the Organization of strikes or other group nepovinovenij, as well as active participation in them; sodomy, lesbianism; Organization of groups of convicts, aimed at the Commission of the offences referred to in this article, as well as active participation in them; refusal to work or cessation of work without good reason. ";" 4. the convicted person is recognized to be a repeat infringer of the established order of serving the sentence by the Decree of the head of the correctional institution on presentation of the administration of the corrective facility simultaneously with the imposition of penalties.
18. the first part of article 120 supplemented by the following sentence: "If the sentenced person while in remand prison not recognized to be a repeat infringer of the established order of serving the sentence, a term in normal conditions is calculated from the day of detention."
19. In article 121: in paragraph "a" of the first part of the word "50 per cent of the minimum size of" were replaced by the words "three minimum sizes";
in paragraph "a" part two of the words "in the amount of the minimum wage" should be replaced by the words "without limitation".
20. Article 123: in paragraph "a" of the first part of the word "40 per cent minimum size" were replaced by the words "two minimum sizes";
in paragraph "a" part two words "80 per cent of the minimum size of" were replaced by the words "three minimum sizes".
21. Article 125: paragraph "a" of the first part of the word "30 per cent of the minimum size of" were replaced by the words "minimum size";
in paragraph "a" part two words "60 per cent of the minimum size of" were replaced by the words "two minimum sizes".
22. Part of the first and second article 128 shall be amended as follows: "1. settlement colonies separately are serving sentences of deprivation of liberty: persons convicted of offences committed through negligence; first convicted of intentional offences of a minor or moderately serious offence; positively characterized by convicts transferred from General and strict-regime colonies in the manner provided for in article 78 of the present code.

2. all settlement colonies, convicts serving imprisonment under the same conditions. ".
23. Article 130 part one after the word "contains" to supplement the word "men", add the following sentence: "the term assigned by a court sentence to serve in prison, is calculated from the day of arrival of a convict in prison.";
in the fourth part, the words "convicted pregnant women and convicted women with young children with them, as well as" should be deleted.
24. Article 131: in paragraph "a" of the words "40 percent" should be deleted;
in paragraph "a" of the part 5 of the words "20 percent" replaced by "60 percent".
25. Article 132: the name and the first part of the phrase "General and strengthened regimes" should be deleted;
Part II shall be amended as follows: "2. In normal conditions in institutions for young offenders serve their sentence convicted juveniles received in reformatory, in addition to previously serving imprisonment and convicted for intentional crimes committed while serving their sentences, as well as juvenile offenders transferred from lightweight, concessionary or strict conditions of serving the sentence.
If convicted during his stay in the remand prison not recognized to be a repeat infringer of the established order of serving the sentence, a term in normal conditions is calculated from the date of the custody. ";
part three, after the words "deprivation of liberty", add the words "and previously sentenced to deprivation of liberty;
in the fourth part of the word "transferred" were replaced by the words "can be translated".
26. Article 133: name the words "General and strengthened regimes" should be deleted;
part one: in the first paragraph, the words "General and strengthened regimes" should be deleted;
in paragraph "a" of the word "60 per cent of the minimum size of" were replaced by the words "minimum size";
Click "in" should be deleted;
in the second part: "and", the words "120% of the minimum size of" were replaced by the words "seven minimum sizes";
Click "in" should be deleted;
part three shall be amended as follows: "3. Convicts serving a sentence in preferential conditions, living in dormitories. They are allowed: and) to spend on food and basic necessities to the funds available in the accounts, without limitation;
b) have short visits without limiting their number, as well as six long visits a year with living outside the educational colony. ";
to complement the new part 4 to read as follows: "4. Convicts serving sentences in concessional terms, by order of the Chief of the colony may be allowed to stay in a hostel outside the colony without protection, but under the supervision of the administration of the colony. In this case, they are also allowed to use the money: a);
b) wear civilian clothes. ";
part four fifth and considered part of it: "and", the words "30 per cent of the minimum size of" were replaced by the words "three minimum sizes";
the item "b" should be deleted;
Click "read" paragraph "b".
27. In names of articles 134, 135, 136 and 137, the words "General and strengthened regimes" should be deleted.
28. the first part of article 139 shall be reworded as follows: "1. in order to consolidate the results of correction, completion of the secondary (full) general education or vocational training, convicts who have reached the age of 18 years may be left in the colony until the end of the sentence, but not longer than until they reach the age of 21 years".
29. Article 175: the tenth part deleted;
part of the eleventh and twelfth respectively regarded as parts of the tenth and eleventh.
30. In the first part of article 177, the word "eight years" replaced by "14".
31. part five article 178, the word "eight years" replaced by "14", the words "or on the direction of its correctional facility" should be deleted.
Article 4. To the law of the Russian Federation dated July 21, 1993 N 5473-I "on the institutions and bodies responsible for enforcing criminal penalties of deprivation of liberty" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, no. 33, art. 1316; Collection of laws of the Russian Federation, 1998, N 16, art. 1796; N 30, art. 3613; 2000, N 26, art. 2730) as follows: part one-fifth article 12, after the words "objects of criminally-Executive system" add the words ", as well as the Ministry of Justice of the Russian Federation";
Article 38: the first part shall be amended with paragraph 1 to read as follows: "1), the Federal Assembly of the Russian Federation";
item 3 of part four shall be supplemented with the words "representatives of international (inter-State, intergovernmental) organizations authorized to carry out human rights monitoring."
Article 5. To amend the Federal law dated July 15, 1995 N 103-FZ "on detention of persons suspected or accused of committing an offence (collection of laws of the Russian Federation, 1995, no. 29, article 2759; 1998, no. 30, art. 3613) the following additions: part two article 8 supplemented by the following sentence:" also remand centres can be created, subordinate directly to the central authority of the penal correction system of the Ministry of Justice of the Russian Federation. ";

seventh paragraph of paragraph 2 of part 2 of article 33, after the words "Customs authorities" shall be supplemented with the words "bailiffs".
Article 6. The item "b" of the first paragraph of article 9 of the Federal law dated July 25, 1998 N 128-FZ "on State fingerprinting registration in the Russian Federation" (collection of laws of the Russian Federation, 1998, N 31, art. 3806) supplemented by a paragraph reading: "institutions and in the penal correction system of the Ministry of Justice of the Russian Federation".
Article 7. This federal law shall enter into force on the day of its official publication, except for paragraph 5: article 2, which comes into force from January 1, 2002 year;
paragraph 7 of article 2, which shall enter into force three months after the entry into force of this federal law.
The President of the Russian Federation v. Putin Moscow, Kremlin March 9, 2001 N 25-FZ