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On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Selected Legislative Acts of the Russian Federation Adopted by the State Duma on 10 February 2010 Approved by the Federation Council on 17 February 2010 Article 1 Article 82 of the Criminal Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2954; 2001, N 11, 1002; 2003, N 50, sect. 4848), amend to read: " Article 82. Postponement of the sentence 1. A pregnant woman, a woman with a child under 14 years of age, a man with a child under the age of fourteen and the only parent other than those sentenced to more than five years ' imprisonment for serious and Particularly serious crimes against the person, the court may postpone the actual serving of sentence until the child reaches the age of 14. 2. In the case of a convicted person referred to in part one of this article, renounced his or her child, or continues to evade responsibility for the upbringing of the child after a warning issued by a body supervising the conduct of the convicted person, The court may, on the request of that body, cancel the suspension of the serving of the sentence and send the sentenced person to the place designated in accordance with the court's sentence. 3. When the child reaches the age of 14, the court shall release the convicted person referred to in the first part of this article from serving the sentence or the rest of the sentence with the criminal record, or shall replace the rest of the sentence with a lighter sentence by the form of punishment. 4. If, until the child reaches the age of 14, the term of the sentence has expired and the authority responsible for supervising the behaviour of the convicted person who has been suspended has come to The court may decide on the reduction of the period of suspension of the sentence and the release of the sentenced person. The serving of the sentence or the remaining part of the sentence with the expunation of the criminal record. 5. If, during the period of suspension of the sentence, the convict referred to in part one of this article commits a new offence, the court shall sentence him to the rules laid down in article 70 of this Code. ". Article 2 To be included in the Code of Criminal Execution of the Russian Federation (Russian Federation Law Assembly, 1997, N 2, art. 198; 2001, N 11, sect. 1002; 2009, N 52, sect. 6453) The following changes: 1) Article 177 should read as follows: " Article 177. Postponement of the serving of sentence to convicted persons 1. Convicted who is serving a sentence in a correctional institution and who may be granted a stay of sentence in accordance with article 82, paragraph 1, of the Criminal Code of the Russian Federation, his lawyer, legal representative is entitled to apply to the court for the suspension of the sentence and the administration of the correctional institution with the corresponding submission. The application for suspension of the sentence is served through the administration of the penal institution serving the sentence. 2. The administration of the correctional facility within 10 days after the submission of the application for suspension of the sentence shall be requested by the relevant authorities of the State, local authorities and relatives of the convicted person. A certificate of consent of the relatives to accept the convicted person and the child, to provide them with accommodation and to create the necessary living conditions or a certificate of accommodation for the convicted person and the necessary conditions for living with the child, medical report Pregnation of a convicted woman or a certificate of the presence of a child from a convicted person. 3. The administration of the correctional institution shall, not later than 10 days after the date of receipt of the documents referred to in Part Two of this article, shall apply to the court the request (submission) for the suspension of the sentence, the documents referred to, and the characteristic and the personal file of the convicted person. 4. The administration of the correctional institution, having received the determination of the court to postpone the sentence against the sentenced person, shall release him. The convicted prison administration has a subscription to the penal inspection of his place of residence within three days from the date of arrival. 5. Convicted to their place of residence on their own account of the federal budget. 6. On the day of the release of the convicted person, a copy of the court's decision to postpone the sentence with the date of release is sent to the convict's place of residence. 7. The Penal Enforcement Inspectorate places the convicted person on record and monitors his/her conduct in the future. 8. After the convicted person's appearance, the prison inspective is obliged to send a confirmation to the correctional institution at the place of release of the convicted person for three days. 9. In the event of the non-arrival of the convicted person within two weeks from the date of his release, the prison inspective conducts the initial search activities and, in the event of the unavailability of the results, declares the search for the convicted person. "; 2) 178 Amend the text as follows: " Article 178. Monitoring of compliance with the conditions under which the sentence is served 1. In the event that a convicted person who has been suspended from serving his sentence refuses to raise a child and to take care of the child, the prison inspective shall announce a warning. 2. In the event that the convicted person renounced his or her child, or continued after the announced notice to avoid raising a child and taking care of the child, the penal correction inspects the place of residence of the child shall submit to the court the cancellation of the delay The serving of the sentence and the transfer of the sentenced person to serve a sentence pronounced by the court. A copy of the court's determination to postpone the sentence shall be attached to the submission. 3. The convicted person is considered to be evading the child if he or she has not officially abandoned the child, left him in the maternity home or transferred to a children's home, or leads an antisocial way of life and does not care for the upbringing and care of the child, or left the child with relatives or other persons, or has fled or acts other than that of avoiding the upbringing of the child. 4. When the child reaches the age of 14 or in the event of the death of a child, the prison inspective at the place of residence of the convicted person, taking into account the nature and degree of public danger of the offence committed, the conduct of the convicted person, The attitude towards the upbringing of the child, the time served and the duration of the sentence shall be transmitted to the court for the release of the sentenced person from serving the sentence or the rest of the sentence or to replace the remainder of the sentence with a softer view Punishment. 5. In the case of convicts ' observance of the conditions for suspension of the serving of sentence and its correction, the prison inspective shall submit to the court the reduction of the period of suspension of the serving of the sentence and the release of the sentenced person from serving the sentence. The remainder of the sentence with the expunending of the criminal record. However, the specified view cannot be committed before the expiration date of the sentence that has been delayed. ". Article 3 Commit to Criminal Procedure Code of the Russian Federation (Collection of Russian legislation, 2001, N 52, p. 4921; 2003, N 27, sect. 2706; N 50, sect. 4847; 2008, N 52, sect. 6226; 2009, N 52, sect. 6453) the following changes: 1) in Part 4 of Article 396 for the words "and 17" to read ", 17 and 17-1"; 2) in article 397: (a) paragraph 17 should read: " 17) to cancel the suspension of service The punishment of a pregnant woman, a woman with a child under 14 years of age, a man who has a child under the age of 14 and is the sole parent, in accordance with article 82 of the Criminal Code of the Russian Federation THE RUSSIAN FEDERATION; "; b) to supplement paragraph 17-1 as follows: " 17-1) to reduce the period of suspension of serving sentence for a pregnant woman, a woman with a child under 14 years of age, a man who has a child under the age of fourteen years and is the only parent, c The release of the convicted person from the serving of the sentence or the remainder of the sentence with the removal of the criminal record, in accordance with article 82 of the Criminal Code of the Russian Federation; "; " (2) The pregnancy of the sentenced person or the presence of young children, A convicted person who is the only parent, minor children, until the youngest child is 14 years of age, except those sentenced to restriction of liberty or deprivation of liberty for more than five years for serious and particularly serious crimes against the person; ". Article 4 This Federal Law shall enter into force on the date of its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 21 February 2010 N 16-FZ