Criminal Code of the Russian Federation Deferment of serving a sentence for convicted persons

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Criminal law provides for severe legal penalties for people who have committed criminal offenses of varying severity. However, in relation to certain persons, a special mechanism for carrying out punishment is possible with the provision of a reprieve for serving the prescribed sentence in places of deprivation of liberty.

Conditions for applying the deferment

According to Article 82 of the Criminal Code of the Russian Federation, a deferment of punishment may be granted to:

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pregnant women;
persons who have dependent children under 14 years of age;
persons who suffer from drug addiction.

In this case, obtaining a deferment is possible if:

a minor crime has been committed;
the person was sentenced to less than 5 years;
the offender was sentenced to imprisonment rather than another type of punishment;
the citizen committed a crime for the first time.

The procedure for deferring serving a sentence

Both men and women have the right to deferment. But it is provided only to those persons listed in Article 82 of the Criminal Code of the Russian Federation.

Note!
The appointment and cancellation of a deferment is the responsibility of the judicial body that is considering the case.

The court may cancel the deferment in the event of abandonment of the child, his death, or evasion of the parent from raising the child. The punishment will not be suspended if the convicted person violated the sexual integrity of children under 14 years of age, committed an act of terrorism or a serious crime. The deferment is also not given to drug addicts who refuse treatment in a hospital.

During the reprieve, the convicted person is monitored by the penal inspection.

Punishment may be deferred for the following periods:

pregnant women until the end of pregnancy or until the child turns 14 years old;
citizens raising young children until the child turns 14 years old, if there is no one to care for him or her or there is only one parent;
drug addicts for the duration of treatment in a hospital until complete recovery, but not more than 5 years.

To whom does it apply?

Not in any case, a person devoted to justice can count on relief in the form of a postponement of enforcement of the sentence. We are talking about the following categories.

Parent of a child under 14 years of age

Such a parent is the baby’s mother, and may also be the only parent-father.

For these persons, the law provides for the following requirements:

a person is brought to criminal responsibility for the first time;
the crime must not be serious or of minor gravity;
a grave or particularly grave act is allowed, but for which the judge has determined no more than 5 years of imprisonment;
The issue cannot be considered if offenses have been committed under such articles of the Criminal Code of the Russian Federation as: 205-206 (parts 3, 4), 211 (part 4), 277, 278, 279, 360.

For these citizens, deferment is provided until their child’s 14th birthday.

Drug addict

Deferment of serving a sentence for a drug addict also has specifics:

a citizen must, of his own conviction and will, undergo a drug treatment program in a licensed medical institution. Including this type of treatment;
after treatment, medical and social rehabilitation is necessary;
the perpetrator was charged with a crime strictly under certain articles (part 1 of article 228, part 1 of article 231, or article 233) of the Criminal Code of the Russian Federation. For example, the defendant is charged with Art. 228 and 228.1 of the Criminal Code. As you can see, the totality includes “alien composition”, which means the court is not able to postpone the punishment for the future;
the said offenses must be the deferred person's first.

Deferment is provided for up to 5 years (regardless of the term of service imposed by the court).

Control over convicts during the deferment period

During the reprieve, employees of the executive inspection monitor the convict's compliance with order. Such control includes:

a monthly visit to the parent at his place of residence to check whether the perpetrator is caring for the child;
quarterly check of the convicted person for the absence of repeated violation of the law;
preventive conversations with convicts and their relatives;
contacting the school or kindergarten to obtain information about the child’s condition;
communication with a medical institution to obtain information about the progress of treatment of a patient with drug addiction.

Note!
If a person who has received a deferment disappears, inspectors conduct a check at the place of residence of the citizen or his relatives. If the convicted person is not found, he is put on the wanted list. When the escapee is found, the court will cancel the reprieve.

Postponement for pregnant women

A woman can receive a deferment for the entire period of pregnancy. If after the birth of the baby there is no one to leave to raise the child, the punishment is postponed until the child turns 14 years old.

But granting a deferment is a court right, not an obligation. If the mother does not have her own home or normal conditions for raising a child, the deferment will most likely be denied.

Note!
The deferment is canceled in the event of termination of pregnancy or death of the baby.

Reprieve for convicted persons with young children

Punishment may be deferred for those men and women who have children under 14 years of age. Punishment is postponed until the child reaches this age. In this case, the convicted person must be the only parent or guardian of the child. During the reprieve, the convicted person will be monitored by the criminal-executive inspection.

A deferment cannot be obtained if:

a citizen was convicted of violating the sexual integrity of minor children;
the convicted person committed a serious crime and was sentenced to more than 5 years;
a citizen committed a terrorist act;
the convicted person was deprived of parental rights;
the child remained in the orphanage;
a convicted parent left a child with relatives or strangers without a good reason;
the parent has antisocial behavior and does not care for the child;
the convict deliberately absconds.

When a child turns 14 years old, the court has the right to vacate the criminal record or replace the punishment with a more lenient one.

What's the point

Providing a deferment of serving a sentence in a criminal case is one of the ways to avoid real punishment.
That is, the court names a person a criminal, brings him to criminal responsibility, and determines the measure of punitive action. But actual hardships and hardships are postponed to a later date. And after this time:

are removed from the obligation to carry out military service;
the criminal record is annulled.

During the deferred period, the convicted person is monitored. And if the behavior is not satisfactory, and other conditions for the suspension of punishment are also violated, then the offender will be handed over to the penal authorities. Where he will bear responsibility according to the general rules.

What penalties does it apply to?

The Criminal Code speaks of the possibility of delaying imprisonment. But there are also no prohibitions on applying this measure to citizens who have been assigned other criminal penalties.

The only exception is restriction of freedom . If the court chooses this type of duty, it will not be possible to postpone it. Naturally, this does not apply to fines.

Varieties

There are two reasons for applying this concession:

a parent who has a child;
drug addicted person.

True, these grounds also have a number of mandatory conditions and requirements. This will be discussed below.

The concession itself is applied at the sentencing stage. Or already in the process of fulfilling their “duty to society.”

Respite for convicts with drug addiction

Drug addicts may have their sentence deferred if they are detained for the first time for:

sale of narcotic drugs;
cultivation of narcotic plants;
issuing or falsifying drug prescriptions.

A convicted person is allowed to ask for a deferment if he has a medical certificate confirming drug addiction and wants to undergo treatment. Such rehabilitation cannot last longer than 5 years.

Note!
In order for a convicted person to be released from punishment, he must have a confirmed remission within two years after treatment. Remission is the weakening or complete disappearance of the disease.

Refusal of treatment and repeated violation of the law will cancel the deferment.

Execution order

The behavior of the deferred prisoner is monitored by the criminal-executive inspection. That is, they register it and work with it. This is another name for monitoring a convicted person with a deferred sentence. But it is not the same as with conditional or parole. Some more powers. Inspectors also monitor:

whether the parent avoids raising/caring for the child;
Is he undergoing drug addiction treatment and medical and social adaptation?

If exemplary behavior is observed, then the administration of the penal system, as an exception, can go to court with a presentation that provides for:

reduction of the period as of the current date (date of submission);
complete exemption from criminal liability;
expungement of criminal record.

But such a representation cannot be sent if the completed calendar period of deferment is less than the period measured in the sentence.

In a normal situation, when a deferment is executed positively, the following happens.

The child of the convicted person turns 14 years old

The inspectorate sends a submission to the court in which it describes the behavior of the person involved, how the minor was raised, etc. The Chief Inspectorate asks for one of two things:

release from punishment with a criminal record expunged;
replace the remainder of the charge with a more loyal type of punishment (with the expungement of a criminal record). Replacement cannot be made when the citizen has not served a single day of the assigned sanction . Suppose, due to the fact that the “suspensive” issue was resolved already at the stage of drawing up the verdict.

By the way, the UIN can submit a representation even before the child reaches 14 years of age for various circumstances (for example, the death of a minor).

The court decision is made taking into account the circumstances of the case and the opinion of the UIN.

Completion of treatment and rehabilitation

The inspectorate will send the relevant document to the court provided that:

medical procedures and medical adaptation have been fully completed;
abstinence from drug use for 2 or more years;
There is a positive conclusion from a narcologist.

The court resolves the issue in a similar way.

How to get a deferment

The court is not obliged to grant convicted persons a reprieve. You can submit an application yourself or entrust it to your lawyer.

The request for deferment shall indicate the following:

Full name of the judge and name of the court to which you are applying;
personal data of the applicant;
place of serving the sentence;
circumstances of the case and references to the law;
life circumstances that require a deferment;
if there are children, conditions for their living;
right to deferment under Art. 82 of the Criminal Code of the Russian Federation;
list of documents attached to the application;
date of application.

The application must be signed by the convicted person or his lawyer, depending on who is filing the application.

The court considers the petition within 10 days. After this, a decision on acceptance or refusal will be received.

When receiving a reprieve, the convicted person must appear at the executive inspection at his place of residence. The citizen is obliged to comply with the requirements of the inspection during the deferment.

Coursework: Deferment of criminal punishment and the procedure for its execution

ABSTRACT on the discipline of criminal execution law

on the topic

“Delay of criminal punishment and the procedure for its execution”

PLAN

Introduction……………………………………………………………………..3 1. Deferment of serving sentences for pregnant women and women with a child under the age of fourteen………4 2. Deferment of serving a sentence for men who have a child under the age of fourteen and are a single parent…………………………………………………………………………………7 3. The procedure for executing a deferred criminal sentence punishment……..……….9 Conclusion………………………………………………………………11 List of references…………………………… …..…13
INTRODUCTION
Speaking about the deferment of criminal punishment, first of all it should be noted that the institution of deferment of punishment is reflected in the norms of three branches of law: criminal, criminal executive and criminal procedural.

In the legal literature, the most common definitions of the legal nature of deferment of serving a sentence are: a special means of correction and resocialization of a convicted person; special measure of influence; a way to protect the younger generation, etc.

O.V. Tyushnyakova proposes to consider the rule on deferment of serving sentences for pregnant women or women with young children as “an independent institution of criminal law that has social and legal prerequisites, deep historical roots and solves special problems.” Since, unlike types of exemption from punishment, this norm has its own status, therefore it is neither a type of punishment nor a type of exemption from punishment. “The deferment of serving a sentence, like a suspended sentence, is an independent means of implementing criminal liability.”

The institution of deferment of serving sentences for pregnant women and women with young children was first introduced in 1992 into Russian criminal legislation. First, it was established that the court may defer the serving of a sentence until the child reaches eight years of age for convicted pregnant women and women with children under the age of eight, except for those sentenced to imprisonment for a term of more than five years for grave and especially grave crimes against the person. This provision was then strengthened, and in 2001, legislators extended the period of deferment of serving sentences for pregnant women and women with young children until the child reaches the age of fourteen.

However, the process of liberalization of criminal legislation has been going on for several years, affecting to a large extent the fate of parents of minor children who have violated the law. Now not only mothers, but also single fathers can count on court leniency. 1.
Deferment of serving sentences for pregnant women and women with a child under the age of fourteen
In Art. 82 of the Criminal Code provides for an optional basis for exemption from punishment for pregnant women and women with children under the age of 14 years.

According to Part 3 of Art. 26, part 5 art. 42, paragraph “a”, part 2, art. 55, art. 177 of the Penal Code of the Russian Federation, a deferment from serving a sentence may be granted for the following types of punishment: a) compulsory labor; b) correctional work; c) restriction of freedom; d) imprisonment.

The grounds for release from punishment are the pregnancy of the defendant or convicted person or the presence of a young child under the age of 14 years, since in the presence of such circumstances the corrective effect of the actually served sentence is significantly more difficult.

In the old version of the Penal Code of the Russian Federation in 1996, this article provided for the possibility of applying a deferment from serving a sentence of imprisonment to convicted pregnant women and convicted women with young children only under 8 years of age. By the Federal Law “On Amendments and Additions to the Criminal Code of the Russian Federation, the Code of Criminal Procedure of the RSFSR, the Penal Code of the Russian Federation and other legislative acts of the Russian Federation” of March 9, 2001, the effect of this norm was extended to the category of convicted women with young children of older age - up to 14 years . This step seems quite justified both from the point of view of the policy of humanism in relation to women and children, and from the position of legal expediency: a child under the age of 14 years is recognized by civil law as a minor. It should be noted that once the child reaches the specified age, the right of deferment is no longer granted to a convicted woman.

However, a reprieve from serving a sentence is not granted to women sentenced to imprisonment for a term of more than 5 years for grave and especially grave crimes against the person. According to the meaning of the law, crimes against the person in this case are understood as crimes in which the person acts as not only the main, but also an additional object.

Pregnancy is established on the basis of a medical report, and the presence of a young child - a birth certificate, a court decision on adoption or a certificate of the presence of a child.

Pregnant women and women with young children under 14 years of age may be released:

1) from actually serving the sentence in full upon sentencing. When sentencing, a pregnant woman and a woman with a child under 3 years of age may be granted a deferment from serving such punishments as correctional labor and imprisonment. Compulsory labor and restriction of freedom do not apply to these categories of persons (Part 4 of Article 49, Part 5 of Article 53 of the Criminal Code). A woman who has a child aged from 3 to 14 years may also be granted a deferment from actually serving compulsory labor;

2) from further serving the sentence. A pregnant woman or a woman with a small child under the age of 14 serving a sentence may be released from such punishments as compulsory labor, correctional labor, restriction of freedom or imprisonment. At the same time, pregnant women serving imprisonment can be granted a deferment regardless of the stage of pregnancy. Pregnant women serving a sentence in the form of compulsory labor, correctional labor or restriction of freedom can be granted a deferment only from the day when, according to the Labor Code of the Russian Federation, she has the right to maternity leave.

In both cases, when deciding whether to grant a deferment, the court takes into account the characteristics of the defendant or convict, the consent of relatives to accept her and the child, her availability of housing and the ability to create conditions for the normal development of the child, etc.

A deferment from serving a sentence is a conditional type of release from punishment. It can be canceled in the following cases:

a) if the woman abandoned the child. Abandonment of a child should be understood as an official statement made by the child’s mother to the relevant authorities;

b) if she continues to evade raising and caring for the child after a warning issued by the criminal-executive inspectorate monitoring her behavior. A convicted woman is considered to have evaded raising and caring for a child if she, without officially abandoning the child, left him in a maternity hospital or transferred him to an orphanage, or leads an antisocial lifestyle, or left the child to relatives or other persons, or hid, or commits other actions indicating evasion from raising a child (part 4 of article 178 of the Penal Code of the Russian Federation);

c) during the period of reprieve, the convicted person committed a new crime.

The first two grounds are optional, i.e. the decision to cancel or maintain a deferment depends on the discretion of the court. In this case, the court makes such a decision only upon the proposal of the criminal-executive inspection, which exercises control over the behavior of the convicted person. In addition, in all cases it is necessary to establish whether the statute of limitations for the conviction under Art. 83 of the Criminal Code. If the deferment is canceled on the first and second grounds, the convicted woman is sent to serve her sentence at the place appointed by the court verdict.

If a convicted woman commits a new crime, either intentional or careless, during the period of deferment of serving her sentence, the court is obliged to cancel the deferment and impose a sentence based on the totality of sentences.

When the child reaches 14 years of age (if the convicted woman has two or more young children, then when the youngest child reaches the specified age), the court makes one of two decisions: a) either releases the convicted woman from serving the sentence or the remainder of the sentence; b) or replaces the remaining part of the punishment with a more lenient type of punishment. The court also makes one of these decisions in the event of the death of a child (Part 5 of Article 178 of the Penal Code of the Russian Federation). When making a decision, the court takes into account the nature and degree of social danger of the crime committed, the behavior of the convicted person, her attitude towards raising the child, the served and unserved terms of the sentence. However, if the statute of limitations for the conviction established by Art. 83 of the Criminal Code, a convicted person is subject to mandatory release from punishment. 2. Deferments of serving sentences for men who have a child under the age of fourteen and are a single parent

Federal Law No. 16-FZ of February 21, 2010 “On Amendments to Certain Legislative Acts of the Russian Federation” introduced amendments to the Criminal Code of the Russian Federation, the Criminal Executive Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation, clarifying the procedure for granting deferment of serving a sentence to convicted pregnant women a woman and a woman who has a child under the age of fourteen, to which is now added a man who has a child under the age of fourteen and is the only parent.

The addition of convicted single fathers to convicted mothers is perhaps the most significant change. As stated in the updated Art. 82 “Deferment of serving a sentence” of the Criminal Code of the Russian Federation, sentenced to a pregnant woman, a woman with a child under the age of fourteen, a man who has a child under the age of fourteen and is the only parent, except for those sentenced to imprisonment for a term of over five years for serious crimes and especially serious crimes against the person, the court may defer the actual serving of the sentence until the child reaches the age of fourteen. Another important innovation is the chance to get rid of a criminal record. In the same article. 82 of the Criminal Code of the Russian Federation states that when a child reaches fourteen years of age, the court releases the convicted person from serving the sentence or the remaining part of the sentence with the criminal record expunged, or replaces the remaining part of the punishment with a more lenient type of punishment.

The Criminal Executive Code of the Russian Federation now spells out in more detail the procedure for obtaining a deferment. It is provided that a convicted person who is serving a sentence in a correctional institution and who may be granted a deferment of serving the sentence, or his lawyer or legal representative, has the right to apply to the court with a petition for a deferment of serving the sentence, and the administration of the correctional institution - with a corresponding submission. The procedure and deadlines for passing the application through the authorities have been determined. It is worth noting the norm according to which the administration of a correctional institution must collect information about the readiness of relatives to accept the convict with the child, provide them with housing and create the necessary conditions for living, or make sure that the convict has his own housing and the necessary conditions for living with the child.

Convicts who are “on deferment” and who do not fulfill their parental responsibilities properly are taken the same measures as before: the first time they will warn, the second time they will raise the question of canceling the deferment of serving the sentence and sending him back to prison.

On the contrary, if the convict conscientiously complies with the terms of deferment of serving the sentence and its correction, the criminal-executive inspection submits to the court a proposal to reduce the period of deferment of serving the sentence and to release the convict from serving the sentence or the remaining part of the sentence with the criminal record expunged. In this case, the said submission cannot be made before the expiration of a period equal to the term of the sentence, the serving of which was suspended.

The changes made to the legislation on the right of courts to grant a deferment of serving sentences to single fathers, according to the developers, are fully consistent with the constitutional principle of equality of human rights and freedoms, regardless of gender. Regarding the possibility of reducing the terms of deferment and release from punishment with the removal of a criminal record, they emphasize that the main purpose of criminal punishment, as enshrined in law, is to restore social justice, correct the convicted person and prevent the commission of new crimes, but not to cause him suffering. The new legislative norms, in their opinion, “will encourage people to lead a law-abiding lifestyle, and will also make it possible not to overcrowd Russian prisons and pre-trial detention centers.” 3. The procedure for executing a deferment of criminal punishment

The deferment is granted to persons who have committed minor crimes against the person (prison term - up to five years).

A convicted person who is serving a sentence in a correctional institution and who may be granted a deferment, his lawyer or legal representative has the right to apply to the court with a petition for a deferment of serving the sentence, and the administration of the correctional institution - with a corresponding submission.

The administration of the correctional institution, within ten days after the convict submits such a petition, requests from the relevant state authorities, local government bodies and the relatives of the convict a certificate of the relatives’ consent to accept the convict and the child, provide them with housing and create the necessary conditions for living, or a certificate of the convict’s housing and the necessary conditions for living with a child, a medical certificate of pregnancy or a certificate of the presence of a child of the convicted person.

The administration of the correctional institution, no later than ten days after receiving these documents, sends to the court a petition (representation) for deferment of serving the sentence, the specified documents, as well as the characteristics and personal file of the convicted person.

The administration of the correctional institution, having received a court ruling on a deferment for the convicted person, releases him. In this case, the convicted person signs to appear at the penal inspection at his place of residence within three days from the date of arrival. After this, the convicted person goes to his place of residence independently at the expense of the federal budget.

The criminal-executive inspection registers the convicted person and subsequently monitors his behavior.

If the conditions for deferment and correction of the convicted person are met, the court has the right to shorten the period of deferment and release him from serving the sentence or the remaining part of the sentence with the criminal record expunged.

If a convicted person evades raising and caring for a child, the penal inspection submits to the court a proposal to cancel the deferment of serving the sentence and to send the convicted person to serve the sentence imposed by the court verdict. CONCLUSION

Researchers have found that deferment of sentences is poorly used by the courts in the system of criminal legal measures to combat crime against women, but not at all because of inhumane treatment of them, rather, on the contrary. The fact is that women who have committed crimes of minor and moderate gravity are mostly given fines as punishment, and, as a rule, for minimal amounts. Often women, including those subject to a deferred sentence, are either given a suspended sentence or released from criminal liability and punishment due to an amnesty act. This type of punishment, such as imprisonment, is usually assigned to women who have committed grave and especially grave crimes against the person and generally for a term of more than five years, and deferment of the sentence is not applied to them.

Thus, it is concluded that when sentencing women, especially mothers, the courts show excessive care and humanism.

Judicial practice in criminal cases, experts believe, has become openly liberalized, which significantly weakens the severity of the response to the facts of crimes committed and generally undermines the fight against crime. This is manifested in the excessive use of such rare institutions as conditional sentencing, the imposition of a punishment more lenient than provided by law, as well as the release of a significant number of defendants and convicts under amnesty acts, which are at the disposal of the court or investigation due to their frequent announcement . Almost always, women with young children are among the first categories of persons eligible for amnesty.

The development of the institution of deferment of serving sentences for pregnant women and women who have a child under the age of fourteen, men who have a child under the age of fourteen and are a single parent, in criminal and penal legislation indicates that the principles are being deepened in the Russian Federation mercy and humanism towards both parents who committed the crime, and, accordingly, their children. BIBLIOGRAPHY

Criminal Executive Code of the Russian Federation of December 18, 1996 (as amended on July 1, 2010 No. 132-FZ);

Criminal Procedure Code of the Russian Federation December 18, 2001 No. 174-FZ with subsequent change;

Commentary to the Criminal Executive Code of the Russian Federation under. ed. A.I. Zubkova, - Norma, 2005;

Development of penal legislation of the Russian Federation and directions for its improvement // “Journal of Russian Law”, 2005, No. 10 (S.A. Miklin);

“General problems and individual features of some provisions of Russian criminal law.” B.D. Zavidov, A.V. Borbat, - Norma, 2005;

Tyushnyakova O.V. Deferment of serving sentences for women as a measure of criminal law. - Tolyatti, 2002. - P. 82.

Criminal law. Textbook. A common part. L.L. Kruglikova, Wolters Kluwer, 2005;

Yu.I. Kalinina Criminal executive law. Textbook: In 2 vols. T. 2; Special part - Ryazan, Logos; Academy of Law and Administration of the Federal Penitentiary Service, 2006;

Silvestrov V.I. Criminal-executive law: Textbook for legal. Universities. – M.: Publishing House “Jurisprudence”, 2006.