The Criminal Code of the Russian Federation 26/09/2022, 07:19 Special Part of this Code as punishment for the corresponding offence, if with due account of the nature and the degree of the social danger of the crime committed and the personality of the convict, the court deems it impossible to allow him to retain the right to hold specified offices or to engage in specified activities. 4. In the event that this type of penalty is imposed in addition to compulsory or corrective work, and also in the event of conditional conviction, its term shall be counted from the time of the enforcement of the court's judgement. In the event that deprivation of the right to hold specified offices or to engage in specified activities is an additional penalty to the restriction of liberty, arrest, service in a disciplinary military unit, or deprivation of liberty, this punishment shall extend to the entire time of serving said basic penalties, but its term shall be counted from the time they have been served. Article 48. Deprivation of Special or Military Rank or Honorary Title, Class Rank, or Government Decoration Upon conviction for a grave or especially grave crime, a court of law may deprive the guilty person of his special or military rank, orof his honorary title, class rank, or government decoration, with due account for his personality. Article 49. Compulsory Works According to the Federal Law No. 64-FZ of June 13, 1996 (in the wording of January 10, 2002), the provisions of the present Code on the punishment in the form of obligatory labour shall be put into effect by a Federal Law after the entry into force of the Criminal Execution Code of the Russian Federation as there are created the necessary conditions for the execution of this type of punishment but no later than the year 2004 1. Compulsory work consists in the performance of free socially useful works by the convicted person during his spare time. The type of compulsory works and the objects where they are to be served shall be determinable by local self-government bodies by approbation of criminal execution inspectorates. 2. Compulsory works shall be fixed for a period of 60 to 240 hours, and shall be served during not more than four hours a day. 3. In the event the convicted person maliciously evades performing of his compulsory works, the latter shall be replaced with the restriction of liberty, arrest or deprivation of liberty . The time during which the convicted person has served the compulsory works shall be counted in case of the determination of the term of restricting liberty, arrest or deprivation of liberty at the rate of one day of restricted liberty or arrest per eight hours of compulsory works. 4. Compulsory works shall not be imposed upon persons who are deemed to be invalids of the first group, pregnant women, women with children of less than eight years of age, upon military servicemen undergoing military service after call-up, or upon military servicemen undergoing military service on a contractual basis in the capacity of soldiers and sergeants, if they at the time of sentencing by a court of law have not served the term of military service after call-up established by laws. Article 50. Corrective Labour 1. Corrective labour shall be imposed upon a convicted person who does not have a principal place of business and shall be served at places, determinable by a local self-government body by approbation of the body executing punishment in the form of corrective labour, but in the area of a convicted person's permanent residence. 2. Corrective labour shall be imposed for a term of from two months to two years. 3. Deductions for the benefit of the State shall be made from the earnings of the person sentenced to corrective labour, in the amount fixed by the court's judgement, within the limits from five to 20 percent. 4. Where a person who is sentenced to corrective labour maliciously evades serving his punishment, a court of law may replace the remaining part of the term of corrective labour by the restriction of liberty, arrest or deprivation of liberty at the rate of one day of restricted liberty per one day of corrective labour, one day of arrest per two days of corrective labour, or one day of deprivation of liberty per three days of corrective labour. 5. Correctie labour shall not be imposed upon persons who are deemed to be invalids of the first group, pregnant women, women with children of less than eight years of age, upon military servicemen undergoing military service after call-up, or upon military servicemen undergoing military service on a contractual basis in the capacity of soldiers and sergeants, if they at the time of sentencing by a court of law have not served the term of military service after call-up established by laws. Article 51. Restriction in Military Service 1. Restriction in military service shall be imposed upon convicted servicemen undergoing military service under a contract for a term of three months to two years, in cases envisaged by the corresponding Articles of the Special Part of this Code for the commission of offences against military service, and shall also be imposed upon servicemen undergo military service under a contract in a place of corrective labour, as stipulated by the relevant Articles of the Special Part of this Code. 2. Deductions for the benefit of the State shall be made from the allowance of a person convicted to restriction in military service in the amount, fixed by the court's judgement, of not more than 20 percent. During the serving of this punishment the convicted person may not be promoted in his post or in military rank, and the period of punishment shall not be counted in the period of seniority for purposes of promotion in rank. Article 52. abolished Article 53. Restricted Liberty 1. Restricted liberty consists of the maintenance of a convicted person, who has reached 18 years of age by the time of adjudication, in a special institution without isolation from the society during the supervision over him. 2. Restricted liberty shall be imposed on: a) persons who are convicted for the commission of willful crimes but who have no record of conviction - for a term of one to three years; b) persons who are convicted for crimes committed by negligence - for a term of one to five years. 3. In the event that compulsory works or corrective labour have been replaced with restricted liberty, the latter penalty may be imposed for a term of less than one year. 4. In the event that a person convicted to restricted liberty maliciously evades the serving of the penalty, this punishment shall be replaced with deprivation of liberty for the term of restricted liberty imposed by the court's judgement. The time of serving restricted liberty shall be counted in the period of deprivation of liberty at the rate of one day of deprivation of liberty per one day of restricted liberty. 5. Restricted liberty shall not be imposed on persons deemed to be invalids of the first and second groups, pregnant women, women with children of less than fourteen years of age, women who have reached 55 years of age, or men who have reached 60 years of age, nor upon servicemen undergoing military service after call-up. Article 54. Arrest According to the Federal Law No. 64-FZ of June 13, 1996, the provisions of the present Code on the punishment in the form of arrest shall be put into effect by a federal law after the entry into force of the Criminal Execution Code of the Russian Federation as there are created the necessary conditions for the execution of this type of punishment but no later than the year 2001 1. Arrest consists in the maintenance of a convicted person in conditions of strict isolation from society, and shall be imposed for a term of one to six months. In the event that compulsory works or corrective labour is replaced by arrest, the latter may be imposed for a term of not less than one month. 2. Arrest shall not be imposed on persons who have not reached 16 years of age by the time of adjudication, nor upon pregnant women or women who have children of less than fourteen years of age. 3. Servicemen shall be taken into custody in the stockage. Article 55. Service in a Disciplinary Military Unit 1. Service in a disciplinary military unit shall be imposed upon servicemen undergoing military service after call-up, and also upon servicemen undergoing military service under contract as enlisted men, if at the time of adjudication they have not served their statutory terms under call up. This punishment shall be imposed for a term of three months to two years in cases provided for by the corresponding Articles of the Special Part of this Code for the commission of crimes against military service, and also in cases when the nature of the crime and the personality of the guilty person testify to the possibility of replacing deprivation of liberty with a term of less than two years, with service by the convicted person in a disciplinary military unit for the same term. 2. When a convicted person serves in a disciplinary military unit instead of deprivation of liberty, the term of service in the disciplinary military unit shall be determined at the rate of one day of deprivation of liberty per one day of service in the disciplinary military unit. Article 56. Deprivation of Liberty for a Definite Term 1. Deprivation of freedom shall amount to the isolation of the convict from society by sending him to a settlement colony, placing him into an educational colony, into a medical treatment and reformatory institution or into a reformatory colony of general, strict or special regime, or into prison. 2. Deprivation of liberty shall be established for a term of two months to 20 years. 3. abolished. 4. In case of a partial or full merger of the terms of deprivation of liberty into the assignment of punishment by the cumulation of penalties, the maximum total term of deprivation of liberty may not exceed 25 years, and the cumulative sentences - 30 years. Article 57. Deprivation of Liberty for Life Federal Law No. 74-FZ of July 21, 2004 amended the first part of Article 57 of the present Code 1. Deprivation of liberty for life is established for the commission of especially grave crimes of attack on human life, as well as for committing especially grave crimes against public safety. 2. Deprivation of liberty for life shall not be imposed upon women, nor upon persons who have committed crimes at ages below 18 years, nor upon men who have reached 65 years of age by the time of adjudication. Article 58. Assignment of the Kind of Reformatory Institution for Those Sentenced to the Deprivation of Freedom 1. The sentence of the deprivation of freedom shall be served: a) by the persons convicted for crimes committed because of carelessness, as well as by the persons sentenced to the deprivation of freedom for committing deliberate petty and medium gravity offences, who have not been formerly sentenced to the deprivation of freedom - in the settlement colonies. Taking into account the circumstances of committing the crime and the convict's personality, the court may rule it that the said persons may serve the punishment in reformatory colonies of general regime, while supplying the motives for the adopted decision; b) by the men sentenced to the deprivation of liberty for committing grave crimes, who have not previously served a sentence of deprivation of liberty, as well as by women sentenced to deprivation of liberty for committing grave and especially grave crimes, as well as in the event of recidivism of any type in the reformatory colonies of general regime; c) the men sentenced to the deprivation of freedom for committing especially grave crimes, who have not earlier served the sentence of the deprivation of freedom, or in the event of recidivism or dangerous recidivism - in the reformatory colonies of strict regime; d) the men sentenced to the deprivation of freedom for life, and in case of committing especially dangerous repeated crimes - in the reformatory colonies of special regime. 2. The men sentenced to the deprivation of freedom for committing particularly grave crimes for a term of over five years, and also in case of especially dangerous repeated crimes may be made to serve a part of the term of punishment in prison, with this, a court of law shall include the term of holding the convicted person in custody, pending the entry of the conviction into legal force, into the time period of serving the sentence in prison. 3. The persons sentenced to the deprivation of freedom, who have not reached eighteen years of age at the moment of the court passing the sentence, shall be sent for serving the punishment to educational colonies. 4. The kind of the assigned reformatory institution may be changed by the court in accordance with the criminal-executive legislation of the Russian Federation. Article 59. Capital Punishment 1. Capital punishment, as an exclusive penalty, may be imposed only for especially grave crimes encroaching on human life. 2. Capital punishment shall not be applied to women, nor to persons who have committed offences at below 18 years of age, nor and to men who have reached 65 years of age by the time of adjudication. 3. Capital punishment by way of pardon may be replaced with deprivation of liberty for life or by deprivation of liberty for a term of 25 years. Chapter 10. Imposition of Punishment Article 60. General Principles for Imposing Punishment 1. The court shall impose just punishment on a person who has been found guilty of the commission of a crime, within the limits stipulated by the relevant Article of the Special Part of this Code, and with due account for the provisions of the General Part of this Code. A stricter penalty from among several provided for one crime shall be imposed only if a milder penalty cannot ensure the achievement of the purposes of punishment. 2. Stricter punishment than that envisaged by the relevant Articles of the Special Part of this Code for the committed crime may be imposed for the cumulation of offences and for the cumulation of sentences in keeping with Article 69 and 70 of this Code. Grounds for the imposition of a lighter punishment than that stipulated by the relevant Article of the Special Part of this Code for the perpetrated crime shall be determined by Article 64 of this Code. 3. In imposing punishment, the court shall take into consideration the nature and the degree of the social danger of the crime and the personality of the convict, including any mitigating or aggravating circumstances, and also the influence of the imposed penalty on the rehabilitation of the convicted person and on the conditions of life of his family. Article 61. Circumstances Mitigating Punishment http://visalink-russia.com/criminal-code-russian-federation.html Page 4 of 32