ST 69 of the Criminal Code of the Russian Federation.
1. In case of aggregation of crimes, punishment is imposed separately for each crime committed.
2. If all crimes committed in aggregate are crimes of minor or medium gravity, or preparation for a grave or especially grave crime, or an attempt at a grave or especially grave crime, the final punishment is imposed by absorbing a less severe punishment with a more severe one, or by partial or full addition of imposed punishments. In this case, the final punishment cannot exceed more than half the maximum term or amount of punishment provided for the most serious crime committed.
3. If at least one of the crimes committed in aggregate is a grave or especially grave crime, then the final punishment is imposed by partial or complete addition of punishments. In this case, the final punishment in the form of imprisonment cannot exceed more than half the maximum term of punishment in the form of imprisonment provided for the most serious crime committed.
4. In the case of a combination of crimes, additional types of punishment may be added to the main types of punishment. The final additional punishment in case of partial or complete addition of punishments cannot exceed the maximum term or amount provided for this type of punishment by the General Part of this Code.
5. According to the same rules, punishment is imposed if, after the court has rendered a verdict in the case, it is established that the convicted person is also guilty of another crime that he committed before the court’s verdict in the first case. In this case, the final punishment includes the sentence served under the first court verdict.
Commentary to Art. 69 Criminal Code
1. The norm in question provides for a step-by-step algorithm for the actions of a judge who imposes punishment on a person who has committed several crimes, if at least two of them retain their legal significance and the defendant has not been previously convicted for any of them.
2. In case of aggregation of crimes, the court first imposes punishment separately for each crime committed, taking into account the requirements enshrined in Art. 60 - 68 CC.
3. If a person commits several crimes, some of which were committed as a minor and others as an adult, the court, when imposing punishment for a set of crimes, first imposes punishment for crimes committed under the age of 18, taking into account the requirements of Art. 88 of the Criminal Code, then for crimes committed after reaching the age of majority, and only eventually appoints according to the rules of Art. 69 of the Criminal Code is the final punishment.
4. Then the court determines which category the crimes committed belong to and chooses the option of imposing the final punishment.
If all the committed acts are crimes of minor and medium gravity, or preparation for a grave or especially grave crime, or an attempt to commit a grave or especially grave crime, then the final punishment for the totality of crimes is imposed by absorbing a less severe punishment with a more severe one, or by partially or completely adding up the assigned punishments.
The principle of absorption is that the less severe punishment is absorbed by the more severe one assigned for each crime. The question of which punishment should be considered more severe does not cause any difficulties: it is necessary to be guided by Art. 44 of the Criminal Code, in which punishments are arranged according to the principle from less severe to more severe types of punishment. If homogeneous punishments are assigned for individual crimes, then the punishment with a longer term (for example, imprisonment) or a larger amount (for example, a fine) is more severe.
5. If at least one of the crimes included in the totality is grave or especially grave, then the final punishment is imposed by partial or complete addition of punishments.
In case of partial addition, the law does not require to indicate which and to which punishment should be added in part, but in any case, in case of such addition, the final punishment must be greater than any of the punishments imposed for each of the crimes included in the aggregate.
6. If different types of punishments are assigned for crimes included in the aggregate, then to add them up, the court brings all the assigned types of punishments to one type, using the rules of Art. 71 of the Criminal Code.
7. Addition of punishments for a combination of crimes has certain restrictions:
- if the final punishment is imprisonment, then the court chooses the most severe of the crimes included in the totality and increases the upper limit of its sanction by one and a half times. This one and a half limit becomes the maximum term of imprisonment, up to and including which sentences in the form of imprisonment can be added. In this case, the final punishment in the form of imprisonment cannot exceed 25 years, and in the case of committing at least one of the crimes provided for in Art. 205, 205.1, 205.2, 205.3, 205.4, 205.5, parts 3 and 4 of Art. 206, part 4 art. 211, art. 277, 278, 279, 353, 356, 357, 358 and 360 of the Criminal Code - 30 years;
- if the final punishment does not involve imprisonment, then, on the one hand, it cannot exceed more than half the maximum term or amount of punishment provided for the most serious crime committed, and on the other hand, it cannot exceed the limits that are established for this type of punishment in the General Part of the Criminal Code.
8. If a person has committed several unfinished crimes, then for each of them a punishment is imposed in accordance with Art. 66 of the Criminal Code. Punishment for a combination of crimes cannot exceed more than half the maximum term or amount of punishment that can be imposed according to the specified rules for the most serious of the committed unfinished crimes.
If a person commits several crimes, for each of which a punishment is imposed using the provisions of Art. 62 of the Criminal Code or Art. 65 of the Criminal Code, the term or amount of punishment for a set of crimes cannot exceed more than half the maximum term or amount of punishment that can be assigned for the most serious of the crimes committed without taking into account the rules established by these articles (clauses 50, 51 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 2015 N 58).
9. In the case of a combination of crimes, additional types of punishment may be added to the main types of punishment. In this case, an additional type of punishment must first be assigned for one of the crimes included in the totality. The final additional punishment in case of partial or complete addition of punishments cannot exceed the maximum term or amount provided for this type of punishment by the General Part of the Criminal Code.
Population limits
In Art. 70 of the Criminal Code specifies the maximum period for which a person can be sentenced to imprisonment. It is 30 years (Part 4 of Article 56).
This means that a person who has not served a previous sentence of 15 years and who is sentenced to 20 years in prison for a new act cannot be subject to the rule of full addition of sanctions. Otherwise, the final term will be more than 30 years.
At the same time, Art. 70 of the Criminal Code establishes that the final punishment must exceed both the unserved part and the amount of the new sanction.
Second commentary to Art. 69 of the Criminal Code of the Russian Federation
1. The concept of aggregation of crimes is given in Art. 17 of the Criminal Code.
2. The first rule for imposing punishment for aggregation of crimes is that “in the case of aggregation of crimes, punishment is imposed separately for each crime committed” (Part 1 of Article 69 of the Criminal Code). The further procedure for imposing the final punishment depends on which categories of crimes are included in the totality.
3. The law establishes two procedures for imposing punishment for a set of crimes:
1) if all crimes committed in aggregate are crimes of minor and medium gravity, or preparation for a grave or especially grave crime, or an attempt to commit a grave or especially grave crime;
2) if at least one of the crimes committed in aggregate is a grave or especially grave crime, with the exception of preparations for them or attempts against them, included in the first type and corresponding to other conditions of the named varieties.
4. If all crimes committed in aggregate are crimes of minor or medium gravity, or preparation for a grave or especially grave crime, or an attempt at a grave or especially grave crime, then the final punishment is imposed either by absorbing a less severe punishment with a more severe one, or by partial or complete addition of imposed punishments.
5. Thus, the totality of crimes of this type can be composed of several types:
1) completed or unfinished (attempts, since preparation is not punishable) crimes of minor gravity;
2) completed or unfinished (attempted) crimes of medium gravity;
3) completed or unfinished (attempted) crimes of both minor and medium gravity;
4) preparations for a serious or especially serious crime;
5) attempts to commit a grave or especially grave crime;
6) preparation for a grave or especially grave crime, and an attempt to commit a grave or particularly grave crime;
7) a completed crime of minor gravity and an attempt to commit a serious crime;
etc.
In this case, the final punishment cannot exceed more than half the maximum term or amount of punishment provided for the most serious crime committed.
6. The rule of absorption of a less severe punishment by a more severe one means that the final punishment for a set of crimes is equal to the more severe punishment imposed by the court for individual crimes. In this case, those types of punishment that are, in principle, subject to offset can be absorbed. The rules of offset are established in Art. 71 of the Criminal Code. The absorption rule is the most preferential, because it is applicable only to a set consisting of crimes of minor and medium gravity or unfinished serious or especially serious crimes.
7. The rule of complete addition of punishments assumes that the final punishment imposed for a set of crimes consists of the sum of those punishments (their amounts and types) that are imposed by the court for individual crimes included in the set. This rule is the strictest of the three rules. According to the type of assignment being analyzed, it is limited in its entirety to exceeding one and a half times the maximum term or amount of punishment provided for the most serious crime committed.
8. The rule of partial addition of punishments is that the final punishment sums up the punishments imposed for individual crimes, not completely, but partially. Since there is a limitation on the maximum value of the final punishment, sometimes the partial summation of the imposed punishments is forced, and the rule itself in this case is equal in severity to the previous one.
9. If at least one of the crimes committed in aggregate is a completed grave or especially grave crime, then the final punishment is imposed by partial or complete addition of punishments. In this case, the final punishment in the form of imprisonment cannot exceed more than half the maximum term of punishment in the form of imprisonment provided for the most serious crime committed.
10. The totality of crimes referred to in Part 3 of Art. 69 of the Criminal Code cannot include preparations for grave or especially grave crimes, or attempts at them, provided that the totality is represented only by these preparations or attempts, or together with crimes of minor and medium gravity. In this case, the punishment is imposed according to the rules provided for in Part 2 of Art. 69 of the Criminal Code.
If the totality consists of preparation for a grave or especially grave crime and the completion of a grave or particularly grave crime, the punishment is imposed according to the rules of Part 3 of Art. 69 of the Criminal Code.
11. If a person commits several crimes, for each of which a punishment is imposed using the provisions of Art. 62 of the Criminal Code or Art. 65 of the Criminal Code, the term or amount of punishment for a set of crimes cannot exceed more than half the maximum term or amount of punishment that can be assigned for the most serious of the crimes committed, without taking into account the rules established by these articles. At the same time, in order to ensure the principle of justice when imposing the final punishment, the courts must take into account that for each of the crimes committed, the punishment was imposed taking into account the rules of Art. 62 or 65 of the Criminal Code (clause 51 of the PPVS 2015).
12. When imposing punishment for a set of crimes or sentences, the simultaneous imposition of deprivation of the right to hold certain positions and engage in certain activities is allowed if these punishments are imposed for different crimes or for different sentences. In addition, in such cases, the imposition of deprivation of the right to hold several specific positions and engage in several types of specific activities is not excluded, if the prohibitions relate to different positions or areas of activity. At the same time, the terms of such punishments are not subject to addition (clause 11 of the 2015 PPVS).
13. When imposing punishment for a set of crimes, for each of which correctional labor is assigned, when applying the principle of full or partial addition of punishments, only the terms of correctional labor are subject to addition. Withholding percentages do not add up (clause 16 of the 2015 PPVS).
The same rules apply when imposing punishment in the form of restrictions on military service for a set of crimes and a set of sentences (clause 23 of the 2015 PPVS).
If the court comes to the conclusion that it is possible to use forced labor as an alternative to imprisonment for a person who has committed two or more crimes, then such a decision is made for the commission of each crime, and not when determining the final punishment for a set of crimes.
If punishment is imposed for a set of crimes, for each of which the court in accordance with Art. 531 of the Criminal Code replaced deprivation of liberty with forced labor; only terms of forced labor are subject to addition. Withholding percentages do not add up (clause 224 of the 2015 PPVS).
14. Another general rule when assigning punishment for a set of crimes is formulated in Part 4 of Art. 69 CC; it concerns additional penalties. In the case of a combination of crimes, additional types of punishment may be added to the main types of punishment. The final additional punishment in case of partial or complete addition of punishments cannot exceed the maximum term or amount provided for this type of punishment by the General Part of the Criminal Code.
Additional punishment cannot be determined for a set of crimes if it is not assigned for any of the crimes included in the set (clause 60 of the 2015 PPVS).
15. Parts 2 and 3 of Article 32 of the Penal Code of the Russian Federation provide for different procedures for the execution of the main punishment and additional punishment in the form of a fine. Based on this, when assigning punishment for a set of crimes, it is not allowed to add up the amounts of the fine imposed as the main and additional types of punishment for different crimes (clause 7 of the 2015 PPVS).
16. The rules for imposing punishment for a set of crimes identified after the court has passed a verdict in a case (Part 5 of Article 69 of the Criminal Code) completely coincide with those rules that apply to a set of crimes identified in a timely manner, before the court makes a decision on any case . The law states: “According to the same rules, punishment is imposed if, after the court has rendered a verdict in the case, it is established that the convicted person is also guilty of another crime committed by him before the court’s verdict in the first case. In this case, the final punishment includes the punishment served under the first court verdict” (Part 5 of Article 69 of the Criminal Code). But paragraph 52 of the 2015 PPVS emphasizes: “... the final punishment, imposed by partial or complete addition, must be more severe than the most severe of the punishments imposed for the crimes included in the totality.”
17. When imposing punishment according to the rules of Part 5 of Art. 69 of the Criminal Code, what matters is not the moment the previous sentence entered into legal force, but the time of its pronouncement, therefore the rules of Part 5 of Art. 69 of the Criminal Code are also applied in the case where, at the time of rendering the verdict in the case under consideration, the first verdict has not entered into legal force (clause 52 of the 2015 PPVS).
18. In cases where it is established in relation to a conditionally convicted person that he is also guilty of another crime committed before the verdict in the first case, the rules of Part 5 of Art. 69 of the Criminal Code cannot be applied, since Art. 74 of the Criminal Code provides an exhaustive list of circumstances on the basis of which a suspended sentence can be revoked. In such cases, the sentences in the first and second cases are executed independently.
If some crimes were committed before, and others after, the first verdict, according to which the convicted person was sentenced using Art. 73 of the Criminal Code, then the court should first impose punishment for the totality of crimes committed after the first verdict, if there are grounds provided for in Art. 74 of the Criminal Code, cancel the suspended sentence and impose punishment according to the totality of sentences (Article 70 of the Criminal Code), then - according to the totality of crimes committed before the first sentence was passed, and assign the final punishment according to the rules of Part 5 of Art. 69 of the Criminal Code (clause 53 of the PPVS 2015).
Conditions
Application of Art. 70 of the Criminal Code is allowed if:
- The punishment (main or additional) under the previous decision has not been served.
- When committing a new act during the suspended sentence.
- A deferment of serving a sentence was granted to a man who is the only parent of a child under 14 years of age, a woman who is pregnant or has minor dependents.
Time credits
The terms of serving the finally imposed sentence, determined in accordance with Part 5 of Article 69 and Art. 70, calculated from the date of the last sentence. In this case, the time spent in custody in this case is counted.
When adding a sanction imposed by the first decision, which the court decided to consider conditional, to the punishment imposed for a new crime, the period of the subject’s stay in custody as a measure of detention or suppression, if they were used, is counted in the final period.
