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Amending The Criminal Enforcement Code Of The Russian Federation And The Code Of Criminal Procedure Of The Russian Federation

Original Language Title: О внесении изменений в Уголовно-исполнительный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации

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Russian Federation Code of Criminal Procedure and Code of Criminal Procedure Russian Federation Code of Criminal Procedure Adopted by the State Duma on December 10, 2008 Approved by the Federation Council on 17 December 2008 Article 1 Commit to Russian Penal Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION 198; 1998, N 30, sect. 3613; 1999, N 12, stop. 1406; 2001, N 11, sect. 1002; 2003, N 50, sect. 4847; 2005, N 14, sect. 1213; N 19 1754; 2006, N 15, sect. 1575; 2007, N 30, est. 3756; N 31, st. 4011; 2008, N 45, sect. The following changes: 1) to be added to Article 75-1 as follows: " Article 75-1. The transfer of sentenced persons to a colony-settlement 1. The territorial body of the penal correction system shall, not later than 10 days from the date of receipt of the copy of the sentence (ruling, ruling) of the court, shall hand the sentenced person to deprivation of liberty with the serving of sentence in the colony-settlement order to transfer to The place where the sentence is served and ensures that he is sent to the colony is a settlement. In accordance with this requirement, the period of time required for the passage of time shall be the period during which the convicted person is required to arrive at the place of serving his sentence. The procedure for the transfer of sentenced persons to a colony settlement is determined by the federal executive authority responsible for the formulation and implementation of public policies and regulations in the area of penal enforcement. penalty. 2. Convicted in a colony-settlement at the expense of the state on its own. Payment of travel, provision of food or money for the duration of the journey shall be made by the territorial body of the penal correction system in the manner determined by the Government of the Russian Federation. 3. The sentence is served from the date of arrival of the sentenced person to the colony-settlement. At the same time, the time taken by the sentenced person to the place of serving his sentence in accordance with the order provided for in paragraph 1 of this article shall be deducted from the period of deprivation of liberty for one day in one day. 4. According to the court decision, the convicted person may be placed in custody and sent to a colony-a settlement under the order provided for in articles 75 and 76 of this Code, in cases of evasion of a judicial investigation or court, violation of the measure of restraint, or The Russian Federation does not have permanent residence in the territory of the Russian Federation. 5. Convicted persons who, prior to their conviction, were held in custody, as well as convicted persons who, in accordance with article 78, paragraphs "c" and "d", of the Code, have changed the type of correctional institution to be sent to a colony, a settlement under The Convention on the Rights of the Child; 6. In case of evasion of the order provided for in paragraph 1 of this article or on evasion of the sentence prescribed in the order, the sentenced person shall be declared wanted and liable to be detained for up to 48 years. Hours. This period may be extended by the court to 30 days. 7. Following the detention of the convicted person, the court in accordance with article 396, paragraph 1, and article 397, paragraph 18-1, of the Code of Criminal Procedure of the Russian Federation make a decision on the detention of the convicted person, as well as on the transfer of sentenced persons to prison. colony-the settlement under the convoy in accordance with the procedure provided for in articles 75 and 76 of the present Code, or the modification of the convicted form of a correctional institution in accordance with article 78 of article 78 of this Code. The sentence is calculated from the day of detention. 8. In the event of the court's recognition of the reason for the failure of the convicted person to obtain the order provided for in the first part of this article or not to arrive at the place where the sentence is served, he shall be sent to the colony-settlement in the manner provided for in paragraphs 1 and 2 of this article. "; Codex "; 3) to supplement article 78 by Part Four , to read: " 4-1. Persons sentenced to deprivation of liberty who have served their sentence in a colony-settlement, who have refused to receive the order stipulated in article 75-1 of this Code or who have not arrived at the place of serving their sentence The term of the correctional facility may be changed to a correctional colony of the general regime. "; 4) Article 129 to be supplemented with Part Five: " 5. When applied to convicted persons serving a deprivation of liberty in colonies and non-occupied socially useful labour, the penalty of not being allowed to leave the dormitory for up to 30 days is granted to them. a daily walk of at least two hours. ". Article 2 Amend the Code of Criminal Procedure of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4921; 2002, N 22, sect. 2027; 2003, N 27, sect. 2706; N 50, sect. 4847; 2007, N 41, sect. 4845) the following changes: 1) Part 1 of Article 308 to complete paragraph 11 of the following sentence: " 11) a decision on the order of the sentenced person to serve a sentence in the case of his serving a sentence of deprivation of liberty, colony-settlement. "; 2) Article 393 to be supplemented with a second part of the second 1 content: " 2-1. If there is a decision on the independent prosecution of the sentenced person in accordance with article 308, paragraph 11, of this Code, a copy of the sentence shall be sent by the judge or the president of the court in the case of The territorial body of the penal correction system. "; 3) in Part 1 of Article 396, replace" paragraph 18 "with" paragraphs 18 and 18-1 "; 4), to supplement paragraph 18-1 as follows: " 18-1) Detention of a sentenced person to be deprived of liberty while serving his or her sentence Colony-settlement, which evaded receiving the order stipulated by part one of article 75-1 of the Russian Penal Enforcement Code or who has not arrived at the place of the serving of sentence in the prescribed period of time, but no more than for 30 days, as well as to send him to a colony-settlement under the convoy, in accordance with articles 75 and 76 of the Penal Enforcement Code of the Russian Federation, or to consider the matter referred to in paragraph 3 of this article; "; 5) Paragraph 3 of article 399, paragraph 3, of the phrase "in the case referred to in paragraph 18" shall be replaced by the words "in the cases referred to in paragraphs 18 and 18-1". Article 3 This Federal Law shall enter into force 90 days after its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin December 22, 2008 N 271-FZ