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Amending Articles 78 And 175 Of The Penal Enforcement Code Of The Russian Federation And Article 399 Of The Code Of Criminal Procedure Of The Russian Federation

Original Language Title: О внесении изменений в статьи 78 и 175 Уголовно-исполнительного кодекса Российской Федерации и статью 399 Уголовно-процессуального кодекса Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW amending articles 78 and 175 of the Russian Penal Enforcement Code and Article 399 of the Code of Criminal Procedure Code of the Russian Federation Adopted by the State Duma on 13 November 2012 Approved by the Federation Council on 21 November 2012 Article 1 Commit to Russian Criminal Code (Russian Federation Law Assembly, 1997, N 2, art. 198; 2001, N 11, sect. 1002; 2003, N 24, est. 2250; N 50, sect. 4847; 2005, N 14, sect. 1213; 2006, N 3, sect. 276; 2008, N 52, sect. 6226; 2009, N 52, sect. 6453; 2011, N 50, sect. 7362; 2012, N 10, est. 1162) The following changes: 1) Article 78 is supplemented with parts of the second 2 and the second 3: " 2-2. The convicted person, who may be subject to change in the form of a correctional institution, as well as his lawyer (legal representative), may apply to the court for a change in the type of correctional institution. An application for a change in the form of a correctional institution shall be submitted through the administration of the institution or body serving the sentence. The administration of the institution or body executing the sentence shall, not later than 10 days after the submission of the convicted person's request for change of the form of the correctional institution, to the court, together with the characteristics of the convicted person. The description shall contain data on the behaviour of the convicted person, his attitude to study and work during the serving of the sentence, the attitude of the sentenced person to the act committed, and that the convicted person has partially or fully remedied the damage caused, or in another way stroked the harm caused as a result of the crime. In the case of a person who has been convicted of having committed a crime against the sexual inviolability of a minor under 14 years of age who is under 14 years of age, it is recognized on the basis of a forensic psychiatric report. Expertise with sexual preference (paedophilia), which do not exclude sanity, should also contain data on the coercive measures of a medical nature applied to him and his attitude to treatment. At the same time, the opinion of the attending physician is sent to the court. 2-3. The administration of the institution or body performing the punishment shall, in accordance with Part Two of this article, submit to the court a change in the type of correctional institution in respect of the convicted person who is positive. The presentation on the change in the type of correctional institution must contain data on the behaviour of the convicted person, his attitude to study and work during the serving of the sentence, the attitude of the sentenced person to the act committed, and that the convicted person is partly convicted or otherwise compensated for the damage caused or otherwise compensated for the damage caused by the crime. In the view of the change in the type of correctional institution, a person who has been convicted of having committed a crime against the sexual inviolability of a minor under 18 years of age is recognized as The grounds for the conclusion of a forensic psychiatric examination by a person suffering from sexual preference (paedophilia), which do not exclude sanity, should also contain data on the coercive measures of a medical nature imposed on him or her treatment. At the same time, the opinion of his treating doctor is sent to the court. "; (2) in article 175: (a) the name should read: " Article 175. The procedure for dealing with the application and referral of the exonerations of the sentence or the replacement of the unserved part of the sentence with a more lenient penalty "; b) , to read: " 3. Convicted that the unserved part of the sentence may be commuted to a more lenient form of punishment, as well as his lawyer (legal representative), may apply to the court to replace the unserved part of the sentence with a more lenient form of punishment. An application for the replacement of the unserved part of the sentence with a more lenient form of punishment shall be submitted through the administration of the penal institution or body. The administration of the institution or body executing the sentence shall, not later than 10 days after the request of the sentenced person to replace the unserved part of the sentence with a lighter penalty, shall send the application together with the characteristic petition to the court. to the convict. The description shall contain data on the behaviour of the convicted person, his attitude to study and work during the serving of the sentence, the attitude of the sentenced person to the act committed, and that the convicted person has partially or fully remedied the damage caused, or in another way stroked the harm caused as a result of the crime. In the case of a person who has been convicted of having committed a crime against the sexual inviolability of a minor under 14 years of age who is under 14 years of age, it is recognized on the basis of a forensic psychiatric report. Expertise with sexual preference (paedophilia), which do not exclude sanity, should also contain data on the coercive measures of a medical nature applied to him and his attitude to treatment. At the same time as the application of such a convicted person, the opinion of his doctor is sent to the court. "; in) to be supplemented by a third part of the following content: " 3-1. The administration of the institution or body performing the punishment shall, in accordance with article 113, paragraph 4, of this Code, make a submission to the court to replace the unserved part of the sentence with a softer type of punishment in respect of a positive penalty of a convicted person. In the presentation on the replacement of the unserved part of the sentence, the more lenient form of punishment should contain data on the behaviour of the convicted person, his attitude to study and work while serving his sentence, the attitude of the sentenced person to the act committed, and that The convicted person has partially or completely repaid the damage or has otherwise ironed the damage caused by the crime. In the proposal to replace the unserved part of the sentence with a more lenient form of punishment on a person who has been convicted of crimes against the sexual inviolability of a minor under 14 years of age age, and recognized by forensic psychiatric examination of sexual preference (paedophilia), which do not exclude insanity, should also contain data on the coercive measures applied to it Medical treatment, treatment. At the same time, the opinion of his attending physician is sent to the court. ". Article 2 Article 399 (a) class="doclink" href=" ?docbody= &prevDoc= 102161263&backlink=1 & &nd=102073942 " The Russian Federation's Code of Criminal Procedure, 2001, No. 4921; 2003, N 27, sect. 2706; N 50, sect. 4847; 2008, N 52, sect. 6226; 2011, N 13, sect. 1687; N 50, sect. 7362; 2012, N 10, est. 1162) The following changes: 1) in paragraph 2 of the words "in paragraphs 4, 6, 9, 11 to 15 of article 397" to read "in paragraphs 3 (in accordance with article 78, paragraph 2, of the Criminal Code of the Russian Federation), 4, 5, 6, 9, 11 to 15" 397 "; 2), paragraph 5, amend to read: " (5) upon the representation of the institution or body executing the penalty, in the cases referred to in paragraphs 2 to 5, 7 to 8-1, 10, 12, 13, 15, 17 to 17-2 and 19 of article 397 of this Code; "; 3) add the following: " 6) according to Part 2 of article 432 of the present Code, in the case referred to in article 397, paragraph 16, of this Code. ". President of the Russian Federation Vladimir Putin , the Kremlin 1 December 2012 N 208-FZ