The newest edition of the Criminal Code of the Russian Federation has been released - from July 14, 2018, changes to the Criminal Code of the Russian Federation began to take effect. The legislation has changed the procedure for recording the days that a convicted person spent in a pre-trial detention center. The days will now be recalculated according to the new rules.
Changes to the Criminal Code of the Russian Federation were made by the introduction of a new Federal Law. This bill became valid ten days after the signing of this document by President Vladimir Vladimirovich Putin. The innovations consist of changing the procedure for calculating the time a citizen spends in custody before his case is considered in court and a corresponding conviction is issued.
Time spent in a pre-trial detention center: amended daily registration procedure
The main innovation concerned the seventy-second article of the Criminal Code. This edition, which became effective on July 10 of this year, of the third paragraph of this article approved the new counting of the days that a prisoner spends in pre-trial detention before a verdict is passed by a court decision. After the final implementation of the law, the period will be counted as follows:
- Places of forced labor - a day for eight hours worked.
- Places of correctional labor - a day in a pre-trial detention center for the past three days.
- Places of restriction of freedom - a day in a pre-trial detention center over the past two days.
- Disbat - a day in a pre-trial detention center for one and a half days.
Criminal stories of the past year
With the approach of the New Year, according to tradition, the time has come to compile a review of changes in criminal and criminal procedure legislation for 2021, already familiar to readers, the preparation of which has once again been entrusted by the editors of the Advokatskaya Gazeta to your humble servant.
As in the previous few years, legislators were very active in adjusting the criminal and criminal procedure codes, which again could not but affect the work of law enforcement officers, who sometimes simply cannot keep up with the “fan” changes. It can also be traditionally noted that most legislative changes will not have any impact on law enforcement practice, however, a number of them can still be noted, albeit with reservations, from a positive side for the defense as facilitating the position of the accused and their defenders.
Considering that quite a lot of changes to the legislation were adopted, we will dwell only on the most, in the author’s opinion, significant of them and begin the review with what is new in the criminal law.
Changes to criminal law
1.1. Recalculation of the time of detention for persons held in custody and under house arrest (Federal Law of July 3, 2021 No. 186-FZ).
Contents of paragraphs in Art. 72 of the Criminal Code of the Russian Federation
In addition to the above changes to the Criminal Code of the Russian Federation, new important introductions have been added to the seventy-second article. The first is a clause that determines how the period a citizen is placed under arrest pending a court decision is translated during imprisonment. But there are some exceptions. They are presented in the second and third parts of this seventy-second article. According to the amended standards presented here, one day must be taken into account for:
- A day in a correctional colony or in prison.
- Two days of imprisonment in a colony settlement.
- One and a half days of imprisonment in an educational colony.
But, it should be remembered that the second paragraph states that people held in a pre-trial detention center or temporary detention center receive a term exclusively equal to the previous one. This is valid for the following accused citizens:
- People who are convicted of especially dangerous crimes with recidivism.
- Citizens who are condemned to death. Subsequently, it may change to a life term or for a period of more than twenty-five years.
- People who received a sentence for certain parts of Articles 205, 211, 228, 361.
- Citizens convicted of terrorist acts.
The third paragraph states that the term of imprisonment of a criminal is calculated by counting the day for the same number of days when he is kept in: strict conditions in a correctional colony, in an educational colony, in an isolation ward, in a cell.
The final part of the article under consideration of the Criminal Code of the Russian Federation approves the subsequent innovation. It concerns the punishment of imprisonment of a sentenced citizen at home. The term of a citizen’s detention under house arrest, according to the innovation, will be calculated as follows - two days will become equivalent to only a day in custody. Accordingly, deprivation of liberty taking place at home is now considered, according to the latest version, to be a lighter compulsory measure of judicial punishment.
Important point
But there are other amendments to the Criminal Code, the news of which needs to be reported. This law also has another side. The article and the innovations in it also apply to those convicted citizens who are deprived of their liberty and are currently serving their sentence in custody. All persons will have their deadlines recalculated. Therefore, many people will be able to leave prison much earlier than their due date.
Thus, the described changes in the Criminal Code of the Russian Federation have significant force, since they provide for the recalculation of the days that a prisoner remains under arrest before the verdict is passed by a court decision. This will help many imprisoned criminals get out of prison much earlier. As of today, the changes have already come into force.
Criminal liability in public procurement
A new article 200.4 of the Criminal Code of the Russian Federation “Abuse in the field of procurement of goods, works, services to meet state or municipal needs” has been introduced into the Criminal Code. Its sanctions stipulate that for violation of the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs by a contract service employee, a contract manager, a member of the procurement commission, as well as a person accepting goods supplied, work performed or services provided, when committing a crime out of mercenary or other personal interest and causing large damage, the perpetrator can be convicted of:
- a fine in the amount of up to 200 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to 18 months;
- forced labor for a period of up to 3 years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years;
- imprisonment for a term of up to 3 years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years.
Paragraph 2 of the same article speaks of increasing the measure of liability to:
- a fine in the amount of 200 thousand to 1 million rubles or in the amount of wages or other income of the convicted person for a period from 6 months to 3 years;
- forced labor for up to 5 years with or without deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;
- imprisonment for a term of up to 7 years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years,
if the crime was committed by a group of persons by prior conspiracy or caused particularly large damage.
The second new article 200.5 of the Criminal Code of the Russian Federation is called “Bribery of a contract service employee, contract manager, member of the procurement commission” and provides for criminal liability for the illegal transfer to a contract service employee, contract manager, member of the procurement commission, person accepting delivered goods, completed works or services provided, or to another authorized person representing the interests of the customer in the field of procurement of goods, works, services to meet state or municipal needs, money, securities, other property, as well as the illegal provision of services of a property nature to him, the provision of other property rights ( including when, at the direction of such a person, property is transferred, or services of a property nature are provided, or property rights are granted to another individual or legal entity) for the commission of actions (inaction) in the interests of the giver or other persons in connection with the purchase of goods, works, services. Punishment for such actions is provided in the form of:
- a fine in the amount of 300 thousand to 500 thousand rubles or in the amount of wages or other income of the convicted person for a period of 6 months to 2 years;
- restrictions of freedom for up to 2 years;
- correctional labor for up to 2 years;
- forced labor for up to 3 years with or without a fine of up to ten times the amount of bribery;
- imprisonment for up to 3 years with or without a fine of up to ten times the amount of bribery.
In Article 304 of the Criminal Code of the Russian Federation, legislators added liability for provoking commercial bribery or bribery in the field of procurement of goods, works, services to meet state or municipal needs. In addition, the title of this article has been changed. Now it is called “Provocation of a bribe, commercial bribery or bribery in the sphere of procurement of goods, works, services to meet state or municipal needs.”
Article 46 of the Criminal Code of the Russian Federation now provides for the possibility of a court imposing a fine in the amount of 5 thousand to 5 million rubles or in the amount of wages or other income of the convicted person for a period from 2 weeks to 5 years, including for bribery of a contract service employee, contract manager, member of the procurement commission and other authorized persons representing the interests of the customer in the field of procurement of goods, works, services to meet state or municipal needs. Also, such a fine may be imposed in an amount equal to the amount of bribery. In this case, the fine, calculated on the basis of a multiple of the amount of bribery of a contract service employee, contract manager, member of the procurement commission and other authorized persons representing the interests of the customer in the field of procurement of goods, works, services to meet state or municipal needs, cannot exceed a hundred times the amount of such bribery, but it cannot be less than 25 thousand rubles and more than 500 million rubles.
Who will not be subject to the new rules established by Article 72 of the Criminal Code of the Russian Federation?
The coefficients listed above will not be relevant in all cases. There are several categories of convicts, as well as conditions under which these coefficients will not be used.
One day of pre-trial detention will be counted as a day of serving a sentence without using coefficients for the following categories of convicts:
- those convicted of especially serious crimes;
- convicted under articles related to terrorism;
- those convicted of particularly dangerous recidivism;
- convicts for whom the death penalty was replaced by pardon with imprisonment.
Also, the coefficients will not be used for all other categories of convicts if the person was subject to disciplinary measures. The coefficient will not apply for the following periods:
- being in punishment or disciplinary cells,
- staying in cell-type premises or single cell-type premises as a sanction.
Photo: pxhere.com
Punishment in the form of forced labor
In the Duma, the topic of a new law was on the agenda. It will come into force from this year. From 2021, arrest will be replaced by forced labor. This punishment was supposed to take effect in 2014, but due to a lack of funds it was suspended.
When forced labor is assigned, the convicted person can carry it out on the territory of the correctional center. But the person will be considered free. With this punishment, the government is trying to replace parole. This act can be obtained for committing non-serious crimes that were committed by the offender for the first time. A certain share of the convicted person’s salary will be transferred to the state budget.
The above changes have already begun to take effect, but what will happen next year will still have to be figured out.
History of criminal law
Laws appeared along with rational man, tribes, settlements, cities and states were subject to them, and today they are fundamental to a civilized society. In the Bible you can find the commandments “thou shalt not kill,” “thou shalt not steal,” even in those days these were some of the most terrible sins for which the people who committed them should be punished. The history of criminal law developed very slowly, for a long time blood feud was a priority, families were subject to its rules, relationships with other families were built on it, and gradually they were able to be supplanted by criminal penalties.
Ancient peoples left many monuments that prove the existence of certain sets of laws in force at one time or another, 1200 BC - Laws of Manu - India, 1500 BC - Laws of Assyria, 1750 BC - Laws of the Hittites, 1400 year BC - Pentateuch - Jewish laws, 621 BC - Laws of the Dragon, 409 - 408 BC - Laws of Solon - Ancient Greece, 450 BC - Laws of Ancient Greece. If you study all this data, you can draw a logical conclusion, they are all proof that criminal law stood up for the protection of the entire state, property, personality, religion. Judges, as a rule, were rulers and heads of families, each case was considered not only from the words of the participants, but also witnesses were called, unfortunately, at that time there was a possibility of bribing witnesses, as well as the person who was the chief judge at that time. Because of such corruption, ordinary people who lack values and wealth most often suffered. Now any influence on the court decision and the investigation leads to criminal liability, and the accuser can become an accused if he violates the law.
Russian Truth is one of the oldest monuments of Rus'; crimes were called offense and were divided into two types - against the person and against property. The subject of criminal law could be any person except a slave; his master was responsible for him. Murder was also assessed according to its execution - in a quarrel, at a feast, murder during robbery was especially serious. Offenses were considered very carefully, depending on the severity, punishment was assigned, which included revenge, ransom, plunder, flood and fine. The death penalty was also allowed; the prince could deal with his opponents without trial.
The modern Criminal Code of the Russian Federation consists of 12 sections, each of which consists of several chapters, and those in turn are divided into articles; in total, the code contains 360 articles. Experienced lawyers are well aware of the features of articles and use them effectively in their work. Knowing about possible punishment, people try not to commit crimes, maintaining stability in the country as a whole. There are also unwitting criminals who committed a serious crime against their will or in an inadequate state; naturally, they deserve leniency; the criminal code allows you to understand each specific issue more carefully so that the innocent does not suffer, and the guilty suffers the appropriate punishment for his crime.
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