22 Article 70. Discharge from Penalty due to Loss of Socially Dangerous Nature by Person A person, who committed a crime, may be discharged from penalty, in the instance if it is recognized that by the time of investigation or trial, due to changes of situation, or the person’s irreproachable conduct, bona fide labor or study, has lost his socially dangerous nature. Article 71. Discharge from Penalty due to Active Repentance A person, who committed a first crime of a minor social danger or less serious crime, may be discharged by a court from penalty, if he, after completion of the crime, has undone the damage caused, and appeared for surrender. A person who participated with other persons in commission of a crime or is a member of an organized criminal group or criminal community, may be discharged by a court from penalty, if he, in person or through his representative has surrendered, actively repented and assisted in prevention or/and detection of the crime or in detection of heads and other participants thereof, if he did not participate directly in commission of serious and especially serious crimes. Article 72. Conditional Conviction If, when imposing a penalty of imprisonment, committing to a disciplinary unit, suspension from office, or correctional labor, a court, taking into account a nature and degree of a crime committed, a personality of a guilty person, and other circumstances of a case, come to a conclusion that convicted may be corrected without serving the sentence, but under supervision, may recognize the conviction as conditional. In that instance, court orders not to execute a penalty imposed, if during a period of probation no grounds emerge for revocation of the conditional conviction. A period of probation shall be established from one to three years and calculated from a date of rendering the conviction. If a conditional conviction is rendered by a higher court, a period of probation shall be calculated since that date as well. In the instance of conditional conviction, a court, by availability of appropriate grounds, may oblige convicted to compensate the damage, get employed or enrolled at a school, and appear in a due time to those agencies for registration, not to attend certain places, to be present at certain time at a place of residence, undergo a cure of alcoholism, drug and toxic substances addiction, or venereal disease. Control over behavior of conditionally convicted shall be exercised by the agencies of Internal Affairs, and in respect of military servicemen – by higher-ranked officer of military units and agencies. During a period of probation, a court, by representation of an agency exercising control over behavior of convicted, may revoke, in full or in part, or amend some previously imposed duties. If a conditionally convicted, during a period of probation neglect responsibilities imposed on him by a court, or violates a public order or labor discipline causing imposition of an administrative sanction or chastisement, a court, by representation of an agency executing control over behavior of convicted, may render a definition on revocation of the conditional conviction and execution of penalty inflicted by the sentence.

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