The Criminal Code of the Russian Federation 26/09/2022, 07:19 mitigate punishment or fully set him free from serving this punishment. Article 73. Conditional Sentence 1. If by imposing corrective labour, restriction in military service, restraint of liberty, service in a disciplinary military unit, or deprivation of liberty for a term of up to eight years the court of law arrives at the conclusion that it is possible to rehabilitate the convicted person without his real serving punishment, then the court shall decree that the imposed penalty is suspended. 2. In imposing a conditional sentence the court of law shall take account of the nature and the degree of the social danger of the crime committed, of the personality of the guilty person, and of mitigating and aggravating circumstances. 3. In imposing a conditional sentence, the court shall fix a probationary period, during which the person convicted conditionally should prove his rehabilitation by his behavior. If deprivation of liberty is imposed for a term of up to one year, or if a more lenient penalty is imposed, then the probationary period shall be not less than six months and not more than three years. If deprivation of liberty is imposed for a term of over one year, then the probationary period shall be not less than six months and not more than five years. 4. In conditional sentencing, additional penalties may be inflicted. 5. In imposing a suspended sentence, the court of law may place definite duties on the conditionally convicted person: not to change his permanent place of residence, work, or study without notifying a specialized state body engaged in the correction of the convict, not to attend certain places, to undergo a course of treatment for alcoholism, drug addiction, toxicology, or venereal disease, and to render material support to his family. The court of law may place other duties on the conditionally convicted person, which are conducive to his reformation. 6. Control over the behaviour of a conditionally convicted person shall be exercised by the specialized state body authorized therefor, and control over the behaviour of servicemen shall be exercised by the commanders of military units and establishments. 7. During the probationary period, the court may revoke in full or in part the duties established for the conditionally convicted person, and supplement the duties fixed earlier, on the proposal of the body exercising control over the behaviour of the conditionally convicted person. Article 74. Reversal of a Conditional Sentence or Prolongation of the Probationary Period 1. If before the expiry of the probationary period the conditionally convicted person proves his reformation, then the court may decree the reversal of the conditional sentence and strike the conviction off the convict's criminal record upon the proposal of the body exercising control over the behaviour of the conditionally convicted person. In this case, the conditional sentence may be reversed upon the expiry of not less than half of the fixed probationary period. 2. If the conditionally convicted person has evaded the duties placed on him by the court, or has breached the public order, for which an administrative penalty has been imposed on him, then the court of law may extend the probationary period - but for not more than one year - upon the proposal of the body referred to in the first part of this Article. Federal Law No. 78-FZ of July 26, 2004 amended the third part of Article 74 of the present Code 3. If during the probationary period the conditionally convicted person systematically or maliciously fails to execute the duties places on him by the court or if the conditionally convicted person has hidden himself from control, then the court of law may, upon the proposal of the body referred to in the first part of this Article, decree the reversal of the conditional sentence and the imposition of the suspended punishment. 4. If the conditionally convicted person commits a crime by negligence or a willful crime of small gravity during the probationary period, then the question of reversal or the preservation of the conditional sentence shall be decided by a court of law. 5. If the conditionally convicted person commits a willful crime of average gravity, an intended grave, or an especially grave crime during the probationary period, then the court shall reverse the conditional sentence and impose punishment on him under the rules provided for by Article 70 of this Code. In cases stipulated by the fourth part of this Article, punishment shall be imposed under the same rules. Section IV. Release from Criminal Responsibility and Punishment Chapter 11. Release from Criminal Responsibility Article 75. Release from Criminal Responsibility in Connection with Active Repentance 1. A person who has committed a crime of small or medium gravity for the first time may be released from criminal responsibility, if after the perpetration of the offence he has given himself up, assisted in the exposure of a crime, made compensation for the damage he inflicted, or in any other way effected restitution for the damage caused as a result of the crime, which has ceased to be socially dangerous as a result of active repentance. 2. In the presence of the conditions stipulated by the first part of this Article, a person who has committed a crime of another category may be released from criminal responsibility only in cases specially provided for by the corresponding Articles of the Special Part of this Code. Article 76. Release from Criminal Responsibility in Connection with Reconciliation with the Victim A person who has committed a crime of small or medium gravity for the first time may be released from criminal responsibility if he has reconcil with the victim and has made restitution for any damage inflicted on the victim. Article 77. Abolished Article 78. Release from Criminal Responsibility in Connection with the Expiration of Statutes Limitation on Actions 1. A person shall be released from criminal responsibility if the following time-limits have expired since the day of commission of a crime: a) two years after the commission of a crime of small gravity; b) six years after the commission of a crime of average gravity c) ten years after the commission of a grave crime; d) fifteen years after the commission of an especially grave crime. 2. The limitation period shall be counted from the day of committing a crime to the time of the entry of a court's judgement into legal force. If a person commits a new crime, then the limitation period for each crime shall be counted independently. 3. The running of a limitation period shall be stopped if the person who has committed the crime evades the investigation or court trial. In this case, the running of the limitation period shall be resumed upon the time of detaining said person or his acknowledgement of guilt. 4. The question of the application of the limitation period to a person who has committed a crime punishable with the death penalty or deprivation of liberty for life shall be settled by a court of law. If the court does not deem it possible to release said person from criminal responsibility in connection with the expiry of the limitation period, then the death penalty or deprivation of liberty for life shall not be applied. 5. The periods of limitation shall not be applied to persons who have committed crimes against the peace and security of humankind, as provided for by Articles 353, 356, 10000357, and 358 of this Code. Chapter 12. Release from Punishment Article 79. Conditional Early Release from Punishment 1. A person who has served in a disciplinary military unit, or deprivation of liberty shall be subject to conditional release ahead of time if the court finds out that for his rehabilitation he does not need to serve the full punishment imposed by the court. In this case the person may be fully or partially released from the remaning term of punishment. 2. In granting conditional early release, the court may place on the convicted person the duties provided for by the fifth part of Article 73 of this Code, which duties shall be executed by him during the remaining term of punishment. 3. Conditional early release may be applied only after the actual serving by the convicted person: a) of not less than one third of the term of punishment imposed, for a crime of small or average gravity; b) of not less than a half of the term of punishment imposed, for grave crime; c) of not less than two thirds of the term of punishment imposed, for an especially grave crime, and also of three-fourths of the term of punishment imposed on a person who was released conditionally and short of term, if the conditional early release was reversed on the grounds, provided for by the seventh part of this Article. 4. The term of deprivation of liberty actually served by the convicted person may not be less than six months. 5. A person who serves deprivation of liberty for life may be released conditionally and short of the term, if the court finds that he does not need to serve this punishment subsequently and if he has actually s served not less than 25 years of his sentence. The conditional release ahead of time from further serving deprivation of liberty for life shall only apply where there are no malicious breaches of the established procedure for serving the punishment within the previous three years. The conditional release ahead of time shall not apply to a person who has committed, while serving deprivation of liberty for life, a new grave or especially grave crime. 6. Control over the behaviour of the person released conditionally and short of term shall be exercised by the specialized state body authorized therefor, while control over the behaviour of servicemen shall be exercised by the commanders of military units and establishments. 7. If during the remaining term of punishment: a) the convicted person has made a breach of public order, for which an administrative penalty was imposed on him, or has maliciously evaded the execution of the duties placed on him by a court of law in grating the conditional early release, then the court, on the proposal of the bodies referred to in the sixth part of this Article, may decree the reversal of the conditional early release and the reimposition of the remaining term of punishment; b) the convicted person has committed a crime by negligence, then the question of reversal or the preservation of the conditional early release shall be resolved by a court of law; c) the convicted person has committed a willful crime, then the court shall impose punishment on him under the rules stipulated by Article 70 of this Code. In case of the commission of a crime by carelessness, the court of law imposes punishment under the same rules if the conditional early release is reversed. Article 80. The Replacement of the Unserved Term of Punishment with a Milder Penalty 1. With due account for the behaviour of a person who serves restriction of liberty, custody in a disciplinary military unit or deprivation of liberty, the court of law may replace the remaining term of punishment with a milder penalty. In this case, the person may be fully or partially released from serving the additional penalty. 2. The non-served part of the punishment may be replaced with a milder kind of punishment after the person sentenced to the deprivation of freedom has served for committing: - a crime of minor or medium gravity - no less than one third of the term of punishment; - a grave crime - no less than a half of the term of punishment; - an especially grave crime - no less than two thirds of the term of punishment. 3. In case of the replacement of the remaning term of punishment, the court may choose any milder penalty in keeping with the penalties referred to in Article 44 of this Code, within the limits prescribed by this Code for each penalty. Article 80.1. Release from Punishment Due to Change of Situation A person who has committed a crime of little or medium gravity shall be released by a court of law from serving punishment if it is established that this person or the crime committed by him has ceased to be socially dangerous due to the change of the situation. Article 81. Release from Punishment Due to Illness 1. A person with mental derangement, after the commission of a crime, which derangement deprives him of the possibility of realizing the actual nature and social danger of his actions (inaction), or of controlling them, shall be released from punishment; while a person who is serving punishment in such astate shall be released from the further serving of his sentence. 3. Servicemen who are under arrest or who are serving in a disciplinary military unit shall be released from the further serving of punishment due to illness that renders them unfit for military service. The remaining term of punishment may be replaced with a milder penalty. 4. Persons referred to in the first and second parts of this Article may be brought to criminal responsibility and punishment in case of their recovery, unless the periods of limitation have expired, as provided for by Article 78 and 83 of this Code. Article 82. Suspended Sentence for Pregnant Women and Women with Infants 1. A court of law may defer the real serving of punishment by convicted pregnant women and women with children of up to fourteen years of age, except for those sentenced to deprivation of liberty for a period of over five years for grave and especially grave crimes against the person, until the child attains fourteen years of age. 2. If a convicted woman, referred to in the first part of this Article, has abandoned her child or continues to evade its upbringing after a warning made by the body exercising control over the convicted woman, in respect of whom the serving of punishment has been suspended, then the court of law may, upon the proposal of this body, set aside the suspended serving of punishment and send the convicted woman to serve the sentence in the place assigned by the court's judgement. 3. After the child reaches fourteen years of age, the court shall relieve the convict of serving the punishment or of the remaining part of the punishment, or shall replace the remaining part of the punishment with a milder kind of punishment. 4. If the convicted woman commits a new crime during the period of suspension of punishment, then the court of law shall impose punishment on her according to the rules prescribed by Article 70 of this Code. http://visalink-russia.com/criminal-code-russian-federation.html Page 6 of 32