Exemption from criminal punishment - the concept of a measure, the essence of application and types

Exemption from punishment is a separate institution of Russian criminal law, through which the principle of humanism is guaranteed. The purpose of its introduction is to free the offender from serving an already imposed sentence.

We propose to consider the concept and types of exemption from punishment, its inherent features and the possibility of implementation in practice.

Concept and comparison

Exemption from criminal punishment is carried out in court (exceptions to the general rule are acts of amnesty and pardon). It is expressed in the fact that the offender is released from serving his sentence (in whole/partially), despite the fact that it is provided for by the sentence. We will tell you more about amnesty and pardon in criminal law in this article.

Attention! The use of this institution in practice does not mean exemption from criminal liability - the court verdict is made based on the results of the consideration of the case. Read more about exemption from criminal liability here https://lexconsult.online/8615-varianty-osvobozhdeniya-ot-ugolovnoi-otvetstvennosti

The main differences between the concepts under consideration:

Deferment of serving a sentence.

The basis for applying this type of exemption from punishment is the inexpediency of further serving a sentence by a pregnant woman, a woman with a child under the age of 14, or a man with a child under the age of 14 and who is the only parent.

The law provides two conditions necessary for granting a deferment of serving a sentence. Firstly, the woman’s pregnancy, the child’s age not exceeding 14 years, and the fact that the man is the only parent must be established.

The second condition is that the woman or man has not been sentenced to imprisonment for a term of more than 5 years for a serious or especially serious crime against a person (there are about 20 such crimes). With this exception, a reprieve may be granted to everyone, regardless of the nature of the crime and the punishment imposed. However, it can be provided both at sentencing and while serving the sentence.

In accordance with the law, the behavior of convicts for whom the serving of their sentence is suspended is monitored by a specialized government agency. Evasion of a mother or father from raising a child is considered a violation of the terms of the deferment and entails a penalty in the form of a written warning announced by the state body exercising control. If the convicted person continues to evade raising the child after a warning, the court, upon the proposal of the supervisory authority, has the right to cancel the deferment granted. The same thing entails the mother (father) abandoning the child and transferring him to an orphanage.

In accordance with Part 3 of Art. 82 of the Criminal Code of the Russian Federation, when a child reaches 14 years of age, the court is obliged to consider the consequences of the expiration of the deferment time. The law gives the court the right to make any of two possible decisions: to finally release the person from serving the sentence or the remaining part of the sentence, or to replace the remaining part of the sentence with a more lenient type of punishment. This issue is considered by the court at the place of residence of the convicted person and is decided taking into account his behavior and attitude towards fulfilling the duties of raising a child during the reprieve.

Essence and objectives of the measure

Exemption from punishment due to illness or other reasons does not rehabilitate the offender. The essence of the measure is to eliminate or minimize (if possible) adverse consequences associated with the execution of the sentence.

Introduction objectives:

• savings in criminal repressive measures,
• stimulating the guilty citizen to reform,
• education of the criminal's sense of justice,
• preventing negative consequences (for example, significant social costs).

Along with this, release is assigned if it is not possible to achieve the goals of the punishment.

Forms of release and their features

The Criminal Code of the Russian Federation provides for 6 types of exemption from punishment. They differ in the form of application, the basis for implementation and have distinctive features.

Types (also used for release from prison for health reasons):

1. Conditional early release from serving a sentence (Article 79 of the Criminal Code of the Russian Federation). Appointed in relation to convicted persons, for whose correction it is not necessary to fully serve the sentence imposed. The peculiarity is that state control is exercised over released citizens.
2. Replacement of the remaining part of the punishment with a mitigated measure (Article 80 of the Criminal Code of the Russian Federation). When making a decision, the behavior of the convicted person is taken into account. Feature – the measure is unconditional, i.e. it cannot be canceled later by the court (for example, in case of unlawful behavior).
3. Release due to a change in the situation (Article 80.1 of the Criminal Code of the Russian Federation). The basis is the loss of social danger of the committed act (in objective conditions). The peculiarity of the measure is that it occurs regardless of the will of the criminal and applies to the whole circle of convicts.
4. Release due to illness (Article 81 of the Criminal Code of the Russian Federation). Reasons: mental disorder or other serious illness established by the results of a medical or psychiatric examination. The bottom line is that the convicted person poses no danger.
5. Deferment of serving sentences for pregnant women and in the presence of young children (Article 82 of the Criminal Code of the Russian Federation). It is appointed if the convicted person complies with a number of requirements - she does not abandon the baby, conscientiously fulfills the duties of raising him and does not pose a danger to society, i.e. does not commit a new criminal act.
6. Expiration of the statute of limitations for the sentence (Article 83 of the Criminal Code of the Russian Federation). In case of illness of the convicted person, natural disasters and other situations, the sentence has legal force, but is not actually applied. Upon expiration of the limitation period, the convicted person is released from punishment.

Exemption from punishment: concept, types, meaning

Exemption from punishment means the release of a person found guilty by the court from: - the punishment imposed for committing a crime; - actual serving of the assigned sentence; - further serving of the assigned sentence.

The Criminal Code provides for the following types of exemption from punishment:

1) suspended sentence;

2) conditional early release from serving a sentence;

3) replacement of the unserved part of the punishment with a more lenient type of punishment;

4) release from punishment due to a change in the situation;

5) exemption from punishment due to illness;

6) release from serving a sentence due to the expiration of the statute of limitations on a court conviction;

7) release from punishment on the basis of acts of amnesty or pardon;

deferment of serving sentences for pregnant women and women with young children;

9) release of minors from punishment using compulsory educational measures or placement in a special educational institution.

Some types of release from punishment are conditional (conditional conviction, conditional early release from serving a sentence, deferment of serving a sentence for pregnant women and women with young children), others are unconditional .

The application of certain types of exemption from punishment is the right of the court (replacement of the unserved part of the punishment with a milder type of punishment, release from punishment due to another serious illness, deferment of serving a sentence for pregnant women and women with young children), the application of others is the responsibility of the court.

1. Conditional sentence (Articles 73, 74 of the Criminal Code). Reasons for use:

- the possibility established by the court of correcting a convicted person without actually serving the sentence and

- sentencing of the guilty person to correctional labor, restriction in military service, restriction of freedom, detention in a disciplinary military unit or imprisonment (for a term of up to 8 years).

When rendering a suspended sentence of imprisonment, the type of correctional institution is not indicated.

2. Conditional early release from punishment (Article 79 of the Criminal Code). Applicable upon release from serving: - detention in a disciplinary military unit or - imprisonment

The grounds for conditional early release from punishment are:

- the person serving part of the sentence imposed and - the court recognizing that the convicted person does not need to fully serve the sentence imposed by the court for his correction.

3. Replacement of the unserved part of the punishment with a milder type of punishment (Article 80 of the Criminal Code). Grounds for application: - serving part of the term of restriction of freedom, detention in a disciplinary military unit or imprisonment (at least 1/3 - for a crime of minor or moderate gravity, 1/2 - for a serious crime, 2/3 - for a particularly serious crime, 3 /4 - for crimes against the sexual integrity of minors); - behavior of a person while serving a sentence.

A person may be released (in whole or in part) from serving an additional type of sentence.

4. Exemption from punishment due to a change in the situation (Article 80.1 of the Criminal Code). Reasons for use:

- committing a crime of minor or medium gravity for the first time and

- disappearance due to a change in the situation of social danger of a person or a crime committed by him.

5. Exemption from punishment due to illness (Article 81 of the Criminal Code). Reasons for use:

1) a mental disorder that deprives the perpetrator, after committing a crime, of the opportunity to realize the actual nature and social danger of his act or to control it;

2) another serious illness that prevents serving the sentence;

3) a disease that makes a serviceman serving arrest or detention in a disciplinary military unit unfit for military service.

6. Deferment of serving sentences for pregnant women and women with young children (Article 82 of the Criminal Code). The court may delay the actual serving of: - compulsory labor;

— corrective labor; — restrictions on freedom; - imprisonment.

Reasons for use: - pregnancy of the convicted person; - the convicted woman has children under 14 years of age.

7. Exemption from serving a sentence due to the expiration of the statute of limitations for a court conviction (Article 83 of the Criminal Code). The basis for the mandatory application (by the court) of release is the failure to enforce it after the conviction has entered into legal force within the following periods: - 2 years (if convicted of a crime of minor gravity); - 6 years (if convicted of a crime of average gravity); - 10 years (if convicted of a serious crime); - 15 years (if convicted of a particularly serious crime).

The basis for suspending the running of the statute of limitations is the evasion of the convicted person from serving his sentence. Grounds for renewing the limitation period: - detention of a convicted person; - surrender of the convicted person.

8. Amnesty (Article 84 of the Criminal Code). Declared by the State Duma of the Federal Assembly of the Russian Federation in relation to an individually unspecified circle of persons. May contain instructions:

— on the release from criminal liability of the person who committed the crime;

- on the release from punishment of a person convicted of a crime;

- on reducing the imposed punishment or replacing it with a more lenient type of punishment;

— on exemption from an additional type of punishment;

- about expunging a criminal record.

9. Pardon (Article 85 of the Criminal Code). Carried out by the President of the Russian Federation in relation to an individually designated person. Contains instructions: - on release from further serving the sentence; - on reducing the imposed punishment or replacing it with a more lenient type of punishment; - about expunging a criminal record.

Nuances of releasing minors

The peculiarities of releasing minors from punishment lie in the possibility of prescribing educational measures (forcibly). If a person under 18 years of age is convicted of a medium or serious crime, then by court decision he may be transferred to a closed educational institution.

So, exemption from criminal punishment is applied only on the grounds and in the manner prescribed by law. Its violation entails the invalidity of the court decision on release.

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