The Criminal Code of the Russian Federation 26/09/2022, 07:19 Article 83. Release from Punishment in Connection with the Expiry of the Limitation Period of the Court's Sentence 1. A person convicted for the commission of a crime shall be released from punishment, unless the court's sentence has been enforced within the following periods since the time of its entry into legal force: a) two years, in case of conviction for a crime of little gravity; b) six years, in case of conviction for a crime of average gravity; c) 10 years, in case of conviction for a grave crime; d) 15 years, in case of conviction for an especially grave crime. 2. The running of the limitation period shall be suspended if the convicted person evades serving punishment. In this case, the running of the limitation period shall be resumed since the time of detention of the convicted person or the acknowledgement of his guilt. The periods of limitation that have expired by the time of evasion by the convicted persons of the serving of their punishment shall be subject to set-off. 3. The question of the application of the limitation periods to a person sentenced to capital punishment or deprivation of liberty for life shall be settled by a court of law. If the court fails to deem it possible to apply the limitation periods, then these penalties shall be replaced with deprivation of liberty for a definite term. 4. Limitation periods shall not be applicable to persons convicted for the commission of crimes against the peace and the security of mankind, as provided for by Articles 353, 256, 10000357, and 358 of this Code. Chapter 13. Amnesty. Pardon. Criminal Record Article 84. Amnesty 1. Amnesty may be declared by the State Duma of the Federal Assembly of the Russian Federation with regard to a broad class of persons. 2. Persons who have committed crimes may be relieved from criminal responsibility by an act of amnesty. Persons convicted for the commission of crimes may be released from punishment, or the punishment imposed on them may be reduced or replaced with a milder penalty, or such persons may be released from the additional penalties. The criminal records may be struck from persons who have served punishment, through an act of amnesty. Article 85. Pardon 1. Pardon may be granted by the President of the Russian Federation in respect of a specific person. 2. A person who has been convicted for a crime may be released from the further serving of his sentence, or the inflicted punishment may be reduced or replaced with a milder penalty by an act of pardon. The criminal record may be struck from a person who has served punishment, through an act of pardon. Article 86. Criminal Record 1. A person sentenced for a committed crime shall be deemed to be convicted from the day of the entry of the court's sentence into legal force, until such time as the conviction is quashed or struck from his criminal record. In keeping with this Code, criminal record shall be considered in cases of recidivism of crimes and during the imposition of punishment. 2. A person released from punishment shall be deemed to be non-convicted. 3. Criminal records shall be expunged in respect of the following persons: a) persons convicted conditionally - upon the expiry of the period of probation; b) persons sentenced to penalties milder than deprivation of liberty - upon the expiry of one year after punishment was completed or executed; c) persons sentenced to deprivation of liberty for crimes of small or average gravity - upon the expiry of three years after punishment was completed; d) persons sentenced to deprivation of liberty for grave crimes - upon the expiry of six years after punishment was completed; e) persons sentenced for especially grave crimes - upon the expiry of eight years after punishment was completed. 4. If a convicted person has been released from punishment short of term, in the statutory order, or if the remaining part of punishment has been replaced with a milder penalty, then the period for expunging the criminal record shall be counted on the basis of the actually served period of punishment since the time of release from serving the basic and additional penalties. 5. If after the punishment has been completed the convicted person behaved faultlessly, the court of law may, on his motion, strike his criminal record before the expiry of the normal term for expunging the record of conviction. 6. The expunging or striking of a criminal record shall annul all the legal consequences related to the record of conviction. Section V. The Criminal Responsibility of Juveniles Chapter 14. Specifics of the Criminal Responsibility and Punishment of Juveniles Article 87. The Criminal Responsibility of Juveniles 1. Juveniles shall be recognized to mean persons who have reached the age between 14 and 18 years by the time of the commission of a crime. 2. Either punishment or coercive measures of educational influence may be applied to juveniles who have committed crimes, and after their release from punishment by a court of law, they may be likewise placed into a special closed-type educational institution of the body in charge of education. Article 88. Penalties Inflicted on Juveniles 1. The penalties inflicted on juveniles are as follows: a) fines; b) deprivation of the right to engage in specified activities; c) compulsory works; d) corrective labour; e) arrest; f) deprivation of liberty for a definite term. 2. A fine shall be imposed if the convicted juvenile has his own earnings or property on which recovery may be levied, as well as in the absence of such. A fine imposed upon a convicted juvenile may be recovered by decision of a court of law from his parents or other legal representatives thereof with their consent. A fine shall be imposed in the amount from 1 thousand to 50 thousand roubles or in the amount of the wage or salary, or any other income of the convicted minor, for a period from two weeks to six months. 3. Compulsory works shall be inflicted for a term of from 40 to 160 hours, and shall consist in the performance of works within the powers of the minor, and shall be executed by him during the time free from his studies or job. The length of the execution of this penalty for persons aged below 15 years may not exceed two hours a day, and for persons aged between 15 and 16 years may not exceed three hours a day. 4. Corrective labour shall be inflicted on a minor sentenced for a term of up to one year. 5. Arrest shall be imposed on convicted juveniles who have reached 16 years of age by the time of adjudication, for a term of up to four months. 6. Deprivation of liberty shall be ruled to minor convicts who have committed crimes at the age of less than sixteen years old for a term of no longer than six years. Minors of the same category who have committed especially grave crimes, as well as other minor convicts, shall be punishable by deprivation of liberty for a term of ten years at the most and shall serve the term in educational colonies. Punishment in the form of deprivation of liberty may not be inflicted upon a minor convict who has committed at the age of less than sixteen years old a crime of little or medium gravity for the first time, as well as upon other minor convicts who have committed crimes of little gravity for the first time. 6.1. When inflicting upon a minor convict a punishment in the form of deprivation of liberty for committing a grave or especially grave crime, the lowest limit of punishment provided for by the appropriate article of the Special Part of this Code, shall be reduced by half. 6.2. Where a minor convict who has been conditionally convicted commits within a probation period a new crime which is not an especially grave one, a court of law, subject to the facts of the case and the convict's personality, may repeatedly pass a decision on the conditional conviction thereof establishing a new probation period for him and placing on the conditionally convicted person the discharge of certain duties provided for by Part Five of Article 73 of this Code. 7. The court may issue an instruction to the body executing punishment concerning certain distinctive features of the convicted juvenile. Article 89. Imposition of Punishment on a Juvenile 1. In imposing punishment on a juvenile, the court of law shall take into consideration, apart from the circumstances stipulated by Article 60 of this Code, the conditions of his life and education, the level of his mental development, and other distinctive features of the person, and also the influence of older people on him. 2. As a mitigating circumstance, the juvenile's age shall be taken account of in totality with other mitigating or aggravating circumstances. Article 90. The Application of Compulsory Measures of Educational Influence 1. A juvenile who has committed a crime of small or average gravity may be relieved from criminal responsibility if it is found that his reformation can be achieved by applying compulsory measures of educational influence. 2. The following compulsory measures of educational influence may be imposed on a juvenile: a) warning; b) transfer to the surveillance of parents or persons acting in loco parentis, or any specialized state agency; c) the duty of redressing the damage caused; d) restriction of leisure and establishment of special requirements for the behaviour of the minor. 3. Several compulsory measures of educational influence may be imposed on a juvenile simultaneously. The length of the period for applying the compulsory measures of educational influence provided for by Items "b" and "d" of Part Two of this Article shall be established within the limits of from one month to two years for a committed crime of little gravity and from six months to three years for a committed crime of medium gravity. 4. In case of the systematic non-execution by a juvenile of a compulsory measure of educational influence, this measure shall be revoked on the proposal of a specialized state body, the and requisite materials shall be sent for bringing the juvenile to criminal responsibility. Article 91. The Content of Compulsory Measures of Educational Influence 1. A warning consists of the explanation to a juvenile of the harm inflicted by his action, and of the consequences of the repeated commission of offences, as provided for by this Code. 2. The transfer to surveillance consists of the placement of the duty of educating a minor and of control over his behaviour on the parents or persons acting in loco parentis, or on a specialized state body; 3. The duty of redressing the damage caused shall be imposed with account for the minor's property status and appropriate labour skills. 4. The restriction of leisure and the establishment of special requirements for the minor's behaviour may provide for a ban on visits to certain places, on the use of some forms of leisure, including those relating to the driving of an automobile, on the limitation of stay outside his home after a fixed hour of the day, or the departure for other localities without the permission of a specialized state body. A minor may be required to return to his educational establishment or to find employment with the aid of a specialized state body. This list of measures is not exhaustive. Article 92. Release of a Minor from Punishment 1. A minor convicted for the commission of a crime of small or average gravity may be released by a court of law from punishment or the use compulsory measures of educational influence, as stipulated by the second part of Article 90 of this Code. 2. A minor sentenced to confinement for the commission of a crime of average gravity, as well as a grave crime, may be released by a court of law from punishment and placed to a special closedtype teaching and educational institution of the education governing body. Placing a minor to a special closed-type teaching and educational institution shall be applicable as a compulsory pedagogical measure for the purpose of correcting minors in need of special conditions of upbringing and training and of a special pedagogical approach. A minor may be placed to said institution before his attaining eighteen years old but for three years at most. 3. A minor's stay in a special closed-type teaching and educational institution shall be terminated on the expiry on the judicially established term, where it is recognized by court that there is no need to use this measure in respect of the minor any longer. 4. There shall be only allowed to extend the term of a minor's stay at a special closed-type teaching and educational institution on the basis of the minor's application, where it is necessary for him to complete his general education or vocational training. 5. Minors who have committed the crimes provided for by Parts One and Two of Article 111, Part Two of Article 117, Part Three of Article 122, Article 126, Part Three of Article 127, Part Two of Article 131, Part Two of Article 132, Part Four of Article 158, Part Two of Article 161, Parts One and Two of Article 162, Part Two of Article 163, Part One of Article 205, Part One of Article 205.1, Part One of Article 206, Article 208, Part Two of Article 210, Part One of Article 211, Parts Two and Three of Article 223, Parts One and Two of Article 226, Part One of Article 228.1, Parts One and Two of Article 229 of this Code, shall not be releasable from punishment in the procedure provided for by Part Two of this Article. Article 93. Conventional Pre-Schedule Relief from Serving the Punishment Conventional pre-schedule relief from serving the punishment may be applied to the persons who committed a crime when underaged and who were sentenced to the deprivation of freedom, after http://visalink-russia.com/criminal-code-russian-federation.html Page 7 of 32