In 1996 she was convicted under Part 2 of Article 145, Part 3 of Article 148 of the Criminal Code of the RSFSR to 3 years in prison, Murmansk

Home / Uncategorized / Article 144 Part 2 In the USSR

⭐ ⭐ ⭐ ⭐ ⭐ Good day, dear blog readers, right now we will comprehend perhaps the most necessary and interesting topic for you - Article 144 Part 2 In the USSR. After reading, you may still have questions, so it’s best to ask them in the comments below.

We always and constantly update published information, so you can be sure that you will read all the latest information.

If a candidate has an unexpunged and outstanding criminal record, the signature sheet shall indicate the number(s) and name(s) of the article(s) of the Criminal Code of the Russian Federation, on the basis of which(s) the candidate was convicted, as well as the article(s) of the Criminal Code, adopted in accordance with the Fundamentals of the Criminal Legislation of the USSR and Union Republics, article(s) of the law of a foreign state, if the candidate was convicted in accordance with these legislative acts for acts recognized as a crime by the current Criminal Code of the Russian Federation, indicating the name of this law.

Article 144

7. Part 2 art. 144 establishes increased criminal liability if the crime is committed using the perpetrator’s official position. The use of official position should be understood as the use of opportunities arising from the official status of the perpetrator, as well as official connections and actions that go beyond the scope of direct official authority, i.e. their excess (for example, the head of an institution or enterprise issues an order not to allow journalists into the territory of the relevant institution or enterprise).

Commentary on Article 144 of the Criminal Code of the Russian Federation

5. Obstruction of the legitimate professional activities of journalists, committed with violence against the journalist or his relatives or with damage or destruction of their property, as well as with the threat of using such violence, is of particular qualifying significance.

Careless destruction or damage to someone else's property, resulting in the death of people or other grave consequences, as well as destruction or significant damage to forests as a result of careless handling of fire or other sources of increased danger -

Words from prison jargon (or having a different meaning in prison jargon than in the general spoken Russian language) oh, professional jargon of correctional facility employees? the letter “s”, official terms and abbreviations – the letter “o”.

Article 144 of the Criminal Code of the Russian Federation RSFSR

Criminal punishment is applied only by court verdict. The general part establishes the limits of the Code in space and time. Only a law that eliminates the punishability of an act or mitigates the punishment has retroactive force. The forms of guilt in committing a crime are established (intention and negligence), crimes for which responsibility begins at the age of 14 (as a general rule, responsibility begins at the age of 16), acts that fall under the elements of a crime, but are not such (causing harm in a state of necessity) are defined. defense, emergency).

2. The same act, committed by a person using his official position, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

This is interesting: Why the Labor Veteran Wasn’t Enrolled on the Card

Grounds for parole

Conditional early release from serving a sentence can be applied to persons who committed a crime as a minor, sentenced to imprisonment, after the actual service of:

at least one third of the sentence imposed by the court for committing any careless crime or intentional crime, for which the Special Part of the Criminal Code of the Russian Federation provides for punishment in the form of imprisonment for a term not exceeding 10 years;
at least two-thirds of the sentence imposed by the court for committing an intentional crime, for which the Special Part of the Criminal Code of the Russian Federation provides for punishment in the form of imprisonment for a term of over 10 years or the death penalty;
at least one quarter of the sentence imposed by the court for committing any crime for which the Special Part of the Criminal Code of the Russian Federation provides for punishment in the form of imprisonment for a term not exceeding 3 years (can only be applied to a pregnant woman or a woman who has a child under the age of three years, located in the children's home of a correctional institution).

In accordance with these rules, reduced terms of parole from imprisonment should be applied to persons who committed a crime as a minor. In this case, it is necessary to clarify the existence of factual grounds for this, defined in the general rules - in Art. 79 of the Criminal Code of the Russian Federation and Art. 175 of the Criminal Code of the Russian Federation (paragraph 1, paragraph 41 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01.02.2011 N 1 “On the judicial practice of applying legislation regulating the specifics of criminal liability and punishment of minors”).

In other words, such a convicted person can be released on parole only if the court recognizes that for his correction he does not need to fully serve the sentence imposed by the court, since during the period of serving the sentence he partially or fully compensated for the damage caused or otherwise made amends for the damage, caused as a result of a crime, repented of the committed act, his behavior, attitude to study and work while serving his sentence, the attitude of the convicted person to the committed act indicate his correction.

Article 144 of the Criminal Code of the Russian Federation

3. Acts provided for in parts one or two of this article, coupled with violence against a journalist or his relatives or with damage or destruction of their property, as well as the threat of using such violence, are punishable by forced labor for up to five years or imprisonment for a term up to six years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

Commentary on Article 144 of the Criminal Code of the Russian Federation

1. Composition of the crime: 1) object: social relations related to the implementation of the constitutional, political professional rights of journalists to the free dissemination of information; 2) the objective side: it consists of obstructing the legitimate professional activities of journalists, namely coercion to disseminate or coercion to refuse to disseminate information, incl. with the use of violence, destruction of property or the threat of their use; 3) subject: an individual who has reached the age of 16, and according to Part 2 of Art. 144 of the Criminal Code of the Russian Federation, a special subject is a person using his official position; 4) subjective side: characterized by direct intent. The perpetrator realizes that by his actions he is interfering with the legitimate activities of journalists by forcing them to disseminate or refuse to disseminate information, and wants to commit these actions.

1. Obstructing the legitimate professional activities of journalists by forcing them to disseminate or refuse to disseminate information is punishable by a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred and sixty hours, or correctional labor for up to one year.

Application for parole

Apply to the court for parole in accordance with Art. 175 of the Penal Code can be carried out by the convicted person, to whom parole may be applied, as well as by his lawyer (legal representative).

A convicted person submits an application for conditional early release from serving a sentence through the administration of the institution or body executing the sentence.

The administration of the institution or body executing the sentence, no later than 10 days after the submission of the convicted person’s request for parole from serving the sentence, sends the said petition to the court along with the characteristics of the convicted person. The characterization must contain data on the behavior of the convicted person, his attitude to study and work while serving his sentence, the attitude of the convicted person to the committed act, as well as the administration’s conclusion on the advisability of parole.

When considering materials on parole from serving sentences for persons who committed crimes under the age of 18, one should carefully study the behavior, attitude to work and education of such persons in places of detention.

In particular, as mentioned above, when considering the issue of parole, the court takes into account the circumstances indicating the correction of the minor. These, in particular, include: positive behavior of the minor, compliance with established rules of behavior, absence of penalties and the presence of incentives, participation in public life, attitude to work and study, relationships with relatives, with other pupils and others. The health status of the minor is also taken into account.

The court's conclusion about the correction of a convicted person must be based on a comprehensive accounting of data on his behavior for the entire period of his stay in a correctional colony or institution, and not for the time immediately preceding the consideration of the application.

If the court refuses to serve a sentence on parole or replaces the unserved part of the sentence with a milder type of punishment, the repeated submission of a corresponding petition or presentation to the court may take place no earlier than six months from the date of the court’s decision on refusal.

Article 144

1. The object of the crime provided for in Art. 144 of the Criminal Code is freedom of mass information, which is one of the forms of the rights of citizens guaranteed by the Constitution of the Russian Federation to freedom of thought, speech, opinions and beliefs, as well as the right to search, receive and transmit, produce, disseminate information in any legal way (Article 29).

Commentary to Art. 144 Criminal Code

07 Oct 2021 lawurist7 185

Share this post

Can Bailiffs Take Property If There Is a Donation Agreement for Another Family Member
Housing benefits for young families in the CBD, how much is the maximum waiting list?
Check apartment debt
What benefits do VTs enjoy in the arch region?

Second commentary to Art. 93 of the Criminal Code of the Russian Federation

1. In Art. 93 of the Criminal Code provides only those provisions on the parole of minors from serving their sentences that relate to the differentiation of the terms of actual serving of the sentence imposed by the court. In the ordinary course, such release is carried out on one of the four grounds provided for in Article 79 of the Criminal Code. The grounds for parole of minors from serving a sentence (in the form of imprisonment) are limited to two terms of actual serving of the sentence: 1) one third of the term of the imposed sentence for persons convicted of crimes of minor or moderate gravity, as well as for serious crimes; 2) two thirds - for persons convicted of especially serious crimes.

2. The grounds for parole of minors and the requirements imposed on them during the unserved part of the sentence, as well as the consequences of the convict’s failure to comply with these requirements are determined by the provisions of Art. 79 of the Criminal Code (see paragraphs 1, 2, 6 and 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 1, 2009 No. 8 “On the judicial practice of parole from serving a sentence, replacing the unserved part of the sentence with a milder type of punishment”).

In 1996 she was sentenced under Part 2 of Article 145, Part 3 of Article 148 of the Criminal Code of the RSFSR to 3 years in prison,

They might fire you. Still, the article for robbery is a serious matter (331 Labor Code of the Russian Federation). You cannot engage in teaching activities. Even if the criminal record has been expunged (and it has been expunged for you).

Labor Code of the Russian Federation Article 331. The right to engage in teaching activities

Guide to HR issues. Questions of application of Art. 331 Labor Code of the Russian Federation

Persons who have an educational qualification are allowed to engage in teaching activities, which is determined in the manner established by the legislation of the Russian Federation in the field of education.

(as amended by Federal Laws dated July 2, 2013 N 185-FZ, dated December 22, 2014 N 443-FZ)

(see text in the previous edition)

The following persons are not allowed to engage in teaching activities:

deprived of the right to engage in teaching activities in accordance with a court verdict that has entered into legal force;

have or have had a criminal record

who have been subject to criminal prosecution (except for persons whose criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal hospitalization in a medical organization providing psychiatric care in inpatient conditions, and slander ), sexual integrity and sexual freedom of the individual, against family and minors, public health and
public morality
, the foundations of the constitutional order and state security, peace and security of mankind, as well as against
public safety
, except for the cases provided for in part three of this article;

Article 145 UKRSFSR. Robbery

Open theft of someone else's property (robbery) -

shall be punishable by imprisonment for a term of up to four years or correctional labor for a term of up to two years.

Robbery committed repeatedly, or by prior conspiracy by a group of persons, or with penetration into a home, premises or other storage facility, or combined with violence that is not dangerous to the life and health of the victim -

shall be punishable by imprisonment for a term of four to ten years with or without confiscation of property.

Robbery committed on a large scale, or by an organized group, or by a particularly dangerous repeat offender -

shall be punishable by imprisonment for a term of six to twelve years with confiscation of property.

(as amended by Federal Law dated 07/01/94 N 10-FZ - “Russian News”, N 123, 07/06/94)

Did the answer help you? Yes No