Article 13 of the Criminal Code of the Russian Federation with Commentary 2021: latest changes and amendments, judicial practice

ST 13 of the Criminal Code of the Russian Federation.

1. Citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state.

2. Foreign citizens and stateless persons who have committed a crime outside the Russian Federation and are located on the territory of the Russian Federation may be extradited to a foreign state for prosecution or serving a sentence in accordance with an international treaty of the Russian Federation.

Commentary to Art. 13 Criminal Code

1. Extradition (extradition) means the extradition of a person who has committed a crime by the state on whose territory he is located to another state where the crime was committed or of which he is a citizen, in order to bring the latter to criminal responsibility or to carry out the sentence.

2. Part 1 art. 13 of the Criminal Code, based on Art. 61 of the Constitution of the Russian Federation does not mean the release of Russian citizens from responsibility and punishment for committing crimes on the territory of other states. The issue of criminality and punishability of the act in this case is resolved in accordance with the norms of the Criminal Code.

3. According to Part 2 of Art. 63 of the Constitution of the Russian Federation also does not allow the extradition to other states of persons: a) persecuted for political beliefs and b) for actions (inactions) that are not recognized as a crime in Russia.

4. Foreign citizens and stateless persons who have committed crimes outside Russia and are located on its territory may be extradited to a foreign state for prosecution or serving a sentence in accordance with an international treaty (Part 2 of Article 13 of the Criminal Code).

Road blocking

Article 267 of the Criminal Code of the Russian Federation recognizes the following as a criminal offense:

Deliberate blocking of transport communications and transport infrastructure facilities.
Obstructing the movement of vehicles and pedestrians on communication routes and the road network.

Provided that such acts created a threat to the life, health and safety of citizens or a threat of destruction or damage to the property of individuals and (or) legal entities. These illegal actions are punishable by:

a fine in the amount of 100,000 to 300,000 rubles or in the amount of wages or other income of the convicted person for a period of one to two years;
compulsory work for up to 240 hours;
forced labor for up to one year;
imprisonment for up to one year.

Qualified elements of this crime are provided, taking into account various criminal liability depending on the degree of harm caused to human health and the amount of damage caused.

Second commentary to Art. 13 of the Criminal Code of the Russian Federation

1. The extradition of persons accused of committing a crime, as well as the transfer of convicted persons to serve their sentences in other states, is carried out on the basis of federal law or an international treaty of the Russian Federation (Article 63 of the Constitution of the Russian Federation).

2. A citizen of the Russian Federation cannot be expelled from the Russian Federation or extradited to another state (Article 61 of the Constitution of the Russian Federation).

3. In the Russian Federation, the extradition to other states of persons persecuted for political beliefs, as well as for actions (or inactions) not recognized as a crime in the Russian Federation, is not allowed.

Judicial practice under Article 5.5 of the Code of Administrative Offenses

Resolution of the Supreme Court of the Russian Federation dated November 6, 2020 N 19-AD20-12
Judge of the Supreme Court of the Russian Federation S.B. Nikiforov, having considered the complaint of Lyudmila Ivanovna Leontyeva against the decision of the magistrate of judicial district No. 1 of the Oktyabrsky district of Stavropol dated August 22 that entered into legal force 2021, the decision of the judge of the Oktyabrsky District Court of Stavropol dated October 14, 2019 and the decision of the deputy chairman of the Fifth Cassation Court of General Jurisdiction dated January 17, 2021, issued against the editor-in-chief of the Otkrytaya newspaper. For each and everyone" Lyudmila Ivanovna Leontieva in the case of an administrative offense provided for in Part 1 of Article 5.5 of the Code of the Russian Federation on Administrative Offences,

Third commentary to Article 13 of the Criminal Code of the Russian Federation

1. The institution of extradition by one state of persons who have committed a crime to another foreign state (extradition) has long been known to international law. In this case, the state on whose territory the criminal is located, at the request of a foreign state, limiting its criminal jurisdiction over this person, extradites him to another interested state. A request for the extradition of a person to such a state may be based on the fact that the person is its subject or has committed a crime on its territory, or, although outside its borders, against the interests of that state.

2. Part 1 art. 13 of the Criminal Code establishes that citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state. The law, speaking about a citizen who has committed a crime, proceeds from the fact that his behavior is considered as such by the criminal legislation not only of a foreign state, but also of the Russian Federation. The categorical ban on the extradition of Russian citizens who have committed a crime on the territory of a foreign state to this state is based on the principle of citizenship of the criminal law in the space enshrined in Art. 12 of the Criminal Code (see commentary to the specified article of the Criminal Code). In this ratio of the provisions of Art. Art. 12 and 13 of the Criminal Code, one cannot help but see a systemic connection between the norms of the General Part of the Criminal Code of the Russian Federation, which regulate the operation of criminal law in space.

3. A different decision may be made by the Russian competent authorities in relation to foreign citizens and stateless persons who have committed crimes outside the Russian Federation and are located on the territory of the Russian Federation under certain conditions. This category of persons can be extradited to a foreign state to be prosecuted or serve a sentence. As a general rule, this action is carried out by the competent Russian authorities in accordance with the bilateral international treaty of the Russian Federation with a foreign state on legal assistance, which specifically stipulates, on a strictly reciprocal basis, the possibility of extraditing foreign citizens and stateless persons who have committed a crime outside Russia and are located in its territory.

4. The criminal law institution of extradition of persons who have committed a crime is closely linked, one might even say, corresponds with the constitutional provision that the extradition of persons accused of committing a crime, as well as the transfer of convicts to serve sentences in other states, is carried out on the basis of federal law or an international treaty of the Russian Federation (Part 2 of Article 63 of the Constitution of the Russian Federation).
On the other hand, it is significantly supplemented and enriched by other provisions of the Constitution of the Russian Federation: 1) The Russian Federation provides political asylum to foreign citizens and stateless persons in accordance with generally recognized norms of international law; 2) in the Russian Federation, the extradition to other states of persons persecuted for political beliefs, as well as for actions (or inactions) not recognized as a crime in the Russian Federation (parts 1 and 2 of Article 63) is not allowed. ‹ Article 12. The effect of the criminal law in relation to persons who have committed a crime outside the Russian FederationTopSection II. Crime >

Code of the Russian Federation dated June 13, 1996 No. 63-FZ

RUSSIAN FEDERATION

Criminal Code of the Russian Federation

Adopted by the State Duma on May 24, 1996
Approved by the Federation Council on June 5, 1996

(As amended by federal laws dated 05/27/1998 No. 77-FZ, dated 06/25/1998 No. 92-FZ, dated 02/09/1999 No. 24-FZ, dated 02/09/1999 No. 26-FZ, dated 03/15/1999 No. 48-FZ, dated 03/18/1999 No. 50-FZ, dated 07/09/1999 No. 156-FZ, dated 07/09/1999 No. 157-FZ, dated 07/09/1999 No. 158-FZ, dated 03/09/2001 No. 25-FZ, dated 03/20/2001 No. 26-FZ, dated June 19, 2001 No. 83-FZ, dated June 19, 2001 No. 84-FZ, dated August 7, 2001 No. 121-FZ, dated November 17, 2001 No. 144-FZ, dated November 17, 2001 No. 145-FZ, dated 12/29/2001 No. 192-FZ, dated 03/04/2002 No. 23-FZ, dated 03/14/2002 No. 29-FZ, dated 05/07/2002 No. 48-FZ, dated 05/07/2002 No. 50-FZ, dated 06/25/2002 No. 72 -FZ, dated 07.24.2002 No. 103-FZ, dated 07.25.2002 No. 112-FZ, dated 10.31.2002 No. 133-FZ, dated 03.11.2003 No. 30-FZ, dated 04.08.2003 No. 45-FZ, dated 04.07 .2003 No. 94-FZ, dated 04.07.2003 No. 98-FZ, dated 07.07.2003 No. 111-FZ, dated 08.12.2003 No. 162-FZ, dated 08.12.2003 No. 169-FZ, dated 21.07.2004 No. 73- Federal Law, dated July 21, 2004 No. 74-FZ, dated July 26, 2004 No. 78-FZ, dated December 28, 2004 No. 175-FZ, dated December 28, 2004 No. 187-FZ, dated July 21, 2005 No. 93-FZ, dated December 19. 2005 No. 161-FZ, dated January 5, 2006 No. 11-FZ, dated July 27, 2006 No. 153-FZ, dated December 4, 2006 No. 201-FZ, dated December 30, 2006 No. 283-FZ, dated April 9, 2007 No. 42-FZ , dated 04/09/2007 No. 46-FZ, dated 05/10/2007 No. 70-FZ, dated 07/24/2007 No. 203-FZ, dated 07/24/2007 No. 211-FZ, dated 07/24/2007 No. 214-FZ, dated 04/11/2007 No. 252-FZ, dated December 1, 2007 No. 318-FZ, dated December 6, 2007 No. 333-FZ, dated December 6, 2007 No. 335-FZ, dated February 14, 2008 No. 11-FZ, dated April 8, 2008 No. 43-FZ, dated May 13, 2008 No. 66-FZ, dated July 22, 2008 No. 145-FZ, dated November 25, 2008 No. 218-FZ, dated December 22, 2008 No. 272-FZ, dated December 25, 2008 No. 280-FZ, dated December 30, 2008 No. 321-FZ, dated 02/13/2009 No. 20-FZ, dated 04/28/2009 No. 66-FZ, dated 06/03/2009 No. 106-FZ, dated 06/29/2009 No. 141-FZ, dated 07/24/2009 No. 209-FZ, dated 07.27.2009 No. 215-FZ, dated 07.29.2009 No. 216-FZ, dated 10.30.2009 No. 241-FZ, dated 03.11.2009 No. 245-FZ, dated 09.11.2009 No. 247-FZ, dated 12.17.2009 No. 324 -FZ, dated December 27, 2009 No. 377-FZ, dated December 29, 2009 No. 383-FZ, dated February 21, 2010 No. 16-FZ, dated March 29, 2010 No. 33-FZ, dated April 5, 2010 No. 48-FZ, dated 07.04 .2010 No. 60-FZ, dated 05/06/2010 No. 81-FZ, dated 05/19/2010 No. 87-FZ, dated 05/19/2010 No. 92-FZ, dated 06/17/2010 No. 120-FZ, dated 07/01/2010 No. 147- Federal Law, dated July 22, 2010 No. 155-FZ, dated July 27, 2010 No. 195-FZ, dated July 27, 2010 No. 197-FZ, dated July 27, 2010 No. 224-FZ, dated October 4, 2010 No. 263-FZ, dated October 4. 2010 No. 270-FZ, dated November 29, 2010 No. 316-FZ, dated December 9, 2010 No. 352-FZ, dated December 23, 2010 No. 382-FZ, dated December 23, 2010 No. 388-FZ, dated December 28, 2010 No. 398-FZ , dated December 28, 2010 No. 427-FZ, dated December 29, 2010 No. 442-FZ, dated March 7, 2011 No. 26-FZ, dated April 6, 2011 No. 66-FZ, dated May 4, 2011 No. 97-FZ, dated July 11, 2011 No. 200-FZ, dated July 20, 2011 No. 250-FZ, dated July 21, 2011 No. 253-FZ, dated July 21, 2011 No. 257-FZ, dated November 7, 2011 No. 304-FZ, dated November 21, 2011 No. 329-FZ, dated 06.12.2011 No. 401-FZ, dated 07.12.2011 No. 419-FZ, dated 07.12.2011 No. 420-FZ, dated 29.02.2012 No. 14-FZ, dated 01.03.2012 No. 18-FZ, dated 05.06.2012 No. 54-FZ, dated July 10, 2012 No. 106-FZ, dated July 10, 2012 No. 107-FZ, dated July 20, 2012 No. 121-FZ, dated July 28, 2012 No. 141-FZ, dated October 16, 2012 No. 172-FZ, dated 12.11.2012 No. 190-FZ, dated 29.11.2012 No. 207-FZ, dated 03.12.2012 No. 231-FZ, dated 30.12.2012 No. 306-FZ, dated 30.12.2012 No. 308-FZ, dated 30.12.2012 No. 312 -FZ, dated 03/04/2013 No. 23-FZ, dated 04/05/2013 No. 59-FZ, dated 06/28/2013 No. 134-FZ, dated 06/29/2013 No. 136-FZ, dated 07/02/2013 No. 150-FZ, dated 02.07 .2013 No. 185-FZ, dated July 2, 2013 No. 186-FZ, dated July 23, 2013 No. 198-FZ, dated July 23, 2013 No. 218-FZ, dated July 23, 2013 No. 221-FZ, dated July 23, 2013 No. 245- Federal Law, dated 21.10.2013 No. 270-FZ, dated 02.11.2013 No. 302-FZ, dated 25.11.2013 No. 313-FZ, dated 25.11.2013 No. 317-FZ, dated 21.12.2013 No. 365-FZ, dated 21.12. 2013 No. 376-FZ, dated December 28, 2013 No. 380-FZ, dated December 28, 2013 No. 381-FZ, dated December 28, 2013 No. 421-FZ, dated December 28, 2013 No. 432-FZ, dated December 28, 2013 No. 433-FZ , dated 02/03/2014 No. 5-FZ, dated 02/03/2014 No. 15-FZ, dated 05/05/2014 No. 96-FZ, dated 05/05/2014 No. 98-FZ, dated 05/05/2014 No. 104-FZ, dated 05/05/2014 No. 105-FZ, dated 05.05.2014 No. 128-FZ, dated 05.05.2014 No. 130-FZ, dated 06.04.2014 No. 142-FZ, dated 06.28.2014 No. 179-FZ, dated 06.28.2014 No. 195-FZ, dated July 21, 2014 No. 218-FZ, dated July 21, 2014 No. 227-FZ, dated July 21, 2014 No. 258-FZ, dated July 21, 2014 No. 274-FZ, dated July 21, 2014 No. 277-FZ, dated November 24, 2014 No. 370-FZ, dated November 24, 2014 No. 371-FZ, dated December 22, 2014 No. 430-FZ, dated December 29, 2014 No. 476-FZ, dated December 31, 2014 No. 514-FZ, dated December 31, 2014 No. 528-FZ, dated 12/31/2014 No. 529-FZ, dated 12/31/2014 No. 530-FZ, dated 12/31/2014 No. 532-FZ, dated 02/03/2015 No. 7-FZ, dated 03/08/2015 No. 40-FZ, dated 03/08/2015 No. 45 -FZ, dated 03/30/2015 No. 67-FZ, dated 05/23/2015 No. 129-FZ, dated 06/08/2015 No. 140-FZ, dated 06/08/2015 No. 153-FZ, dated 06/29/2015 No. 192-FZ, dated 29.06 .2015 No. 193-FZ, dated June 29, 2015 No. 194-FZ, dated July 13, 2015 No. 228-FZ, dated July 13, 2015 No. 265-FZ, dated July 13, 2015 No. 267-FZ, dated November 28, 2015 No. 346- Federal Law, dated December 30, 2015 No. 441-FZ, dated March 30, 2016 No. 78-FZ, dated May 1, 2016 No. 139-FZ, dated June 2, 2016 No. 162-FZ, dated June 23, 2016 No. 199-FZ, dated July 3. 2016 No. 323-FZ, dated 07/03/2016 No. 324-FZ, dated 07/03/2016 No. 325-FZ, dated 07/03/2016 No. 328-FZ, dated 07/03/2016 No. 329-FZ, dated 07/03/2016 No. 330-FZ , dated July 6, 2016 No. 375-FZ, dated November 22, 2016 No. 392-FZ, dated December 19, 2016 No. 436-FZ, dated December 28, 2016 No. 491-FZ, dated February 7, 2017 No. 8-FZ, dated March 7, 2017 No. 33-FZ, dated 04/03/2017 No. 60-FZ, dated 04/17/2017 No. 71-FZ, dated 06/07/2017 No. 120-FZ, dated 07/18/2017 No. 159-FZ, dated 07/26/2017 No. 194-FZ, dated July 26, 2017 No. 203-FZ, dated July 29, 2017 No. 248-FZ, dated July 29, 2017 No. 249-FZ, dated July 29, 2017 No. 250-FZ, dated December 20, 2017 No. 412-FZ, dated December 29, 2017 No. 445-FZ, dated December 29, 2017 No. 469-FZ, dated December 31, 2017 No. 494-FZ, dated December 31, 2017 No. 501-FZ, dated February 19, 2018 No. 35-FZ, dated April 23, 2018 No. 96-FZ, dated 04/23/2018 No. 99-FZ, dated 04/23/2018 No. 111-FZ, dated 04/23/2018 No. 114-FZ, dated 06/27/2018 No. 156-FZ, dated 06/27/2018 No. 157-FZ, dated 07/03/2018 No. 186 -FZ, dated July 29, 2018 No. 227-FZ, dated July 29, 2018 No. 229-FZ, dated October 2, 2018 No. 348-FZ, dated October 3, 2018 No. 352-FZ, dated November 12, 2018 No. 420-FZ, dated December 27 .2018 No. 519-FZ, dated December 27, 2018 No. 520-FZ, dated December 27, 2018 No. 530-FZ, dated December 27, 2018 No. 533-FZ, dated December 27, 2018 No. 540-FZ, dated December 27, 2018 No. 569- Federal Law, dated 04/01/2019 No. 46-FZ, dated 04/23/2019 No. 65-FZ, dated 05/29/2019 No. 112-FZ, dated 06/06/2019 No. 132-FZ, dated 06/17/2019 No. 146-FZ, dated 07/26. 2019 No. 206-FZ, dated July 26, 2019 No. 207-FZ, dated July 26, 2019 No. 209-FZ, dated August 2, 2019 No. 304-FZ, dated August 2, 2019 No. 308-FZ, dated October 16, 2019 No. 340-FZ , dated 04.11.2019 No. 354-FZ, dated 02.12.2019 No. 410-FZ, dated 27.12.2019 No. 500-FZ, dated 18.02.2020 No. 22-FZ, dated 01.04.2020 No. 73-FZ, dated 01.04.2020 No. 94-FZ, dated 04/01/2020 No. 95-FZ, dated 04/01/2020 No. 100-FZ, dated 04/07/2020 No. 112-FZ, dated 06/08/2020 No. 170-FZ, dated 07/31/2020 No. 260-FZ, dated October 27, 2020 No. 352-FZ, dated December 8, 2020 No. 425-FZ, dated December 30, 2020 No. 525-FZ, dated December 30, 2020 No. 526-FZ, dated December 30, 2020 No. 538-FZ, dated December 30, 2020 No. 543-FZ, dated 02/24/2021 No. 16-FZ, dated 02/24/2021 No. 25-FZ, dated 04/05/2021 No. 59-FZ, dated 06/11/2021 No. 215-FZ, dated 06/11/2021 No. 216-FZ, dated 07/01/2021 No. 241-FZ, dated 07/01/2021 No. 248-FZ, dated 07/01/2021 No. 258-FZ, dated 07/01/2021 No. 259-FZ, dated 07/01/2021 No. 262-FZ, dated 07/01/2021 No. 281 -FZ, dated 07/01/2021 No. 292-FZ, dated 07/01/2021 No. 293-FZ)

A COMMON PART

Section I. CRIMINAL LAW

CHAPTER 1. TASKS AND PRINCIPLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Article 1. Criminal legislation of the Russian Federation

1. The criminal legislation of the Russian Federation consists of this Code. New laws providing for criminal liability are subject to inclusion in this Code.

2. This Code is based on the Constitution of the Russian Federation and generally recognized principles and norms of international law.

Article 2. Objectives of the Criminal Code of the Russian Federation

1. The objectives of this Code are: protection of human and civil rights and freedoms, property, public order and public safety, the environment, the constitutional system of the Russian Federation from criminal attacks, ensuring peace and security of mankind, as well as crime prevention.

2. To carry out these tasks, this Code establishes the basis and principles of criminal liability, determines what acts dangerous to the individual, society or the state are recognized as crimes, and establishes types of punishments and other measures of a criminal legal nature for committing crimes.

Article 3. Principle of legality

1. The criminality of an act, as well as its punishability and other criminal legal consequences, are determined only by this Code.

2. Application of criminal law by analogy is not allowed.

Article 4. The principle of equality of citizens before the law

Persons who have committed crimes are equal before the law and are subject to criminal liability regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

Article 5. Principle of guilt

1. A person is subject to criminal liability only for those socially dangerous actions (inaction) and socially dangerous consequences for which his guilt has been established.

2. Objective imputation, that is, criminal liability for innocent causing of harm, is not allowed.

Article 6. Principle of fairness

1. Punishment and other measures of a criminal legal nature applied to a person who has committed a crime must be fair, that is, correspond to the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator.

2. No one can be criminally liable twice for the same crime.

Article 7. The principle of humanism

1. The criminal legislation of the Russian Federation ensures human safety.

2. Punishment and other measures of a criminal legal nature applied to a person who has committed a crime cannot be aimed at causing physical suffering or humiliation of human dignity.

Article 8. Grounds for criminal liability

The basis for criminal liability is the commission of an act containing all the elements of a crime provided for by this Code.

CHAPTER 2. OPERATION OF CRIMINAL LAW IN TIME AND SPACE

Article 9. Effect of criminal law in time

1. The criminality and punishability of an act are determined by the criminal law in force at the time the act was committed.

2. The time of commission of a crime is the time of commission of a socially dangerous action (inaction), regardless of the time of the onset of consequences.

Article 10. Retroactivity of criminal law

1. A criminal law that eliminates the criminality of an act, mitigates punishment or otherwise improves the position of a person who committed a crime, has retroactive effect, that is, it applies to persons who committed the relevant acts before the entry into force of such a law, including persons serving a sentence or those who have served their sentence but have a criminal record. A criminal law that establishes the criminality of an act, increases punishment or otherwise worsens a person’s position does not have retroactive effect.

2. If a new criminal law mitigates the punishment for an act that is being served by a person, then this punishment is subject to reduction within the limits provided for by the new criminal law.

Article 11. Effect of the criminal law in relation to persons who have committed a crime on the territory of the Russian Federation

1. A person who has committed a crime on the territory of the Russian Federation is subject to criminal liability under this Code.

2. Crimes committed within the territorial sea or airspace of the Russian Federation are recognized as committed on the territory of the Russian Federation. This Code also applies to crimes committed on the continental shelf and in the exclusive economic zone of the Russian Federation. (As amended by Federal Law dated 04/09/2007 No. 46-FZ)

3. A person who has committed a crime on a ship registered to a port of the Russian Federation, located in open water or airspace outside the Russian Federation, is subject to criminal liability under this Code, unless otherwise provided by an international treaty of the Russian Federation. Under this Code, a person who commits a crime on a warship or military aircraft of the Russian Federation, regardless of their location, also bears criminal liability.

4. The issue of criminal liability of diplomatic representatives of foreign states and other citizens who enjoy immunity if these persons commit a crime on the territory of the Russian Federation is resolved in accordance with the norms of international law.

Article 12. The effect of the criminal law in relation to persons who have committed a crime outside the Russian Federation

1. Citizens of the Russian Federation and stateless persons permanently residing in the Russian Federation who have committed a crime outside the Russian Federation against the interests protected by this Code are subject to criminal liability in accordance with this Code, if in relation to these persons there is no decision of a foreign court on this crime states. (As amended by Federal Law No. 153-FZ dated July 27, 2006)

2. Military personnel of military units of the Russian Federation stationed outside the Russian Federation, for crimes committed on the territory of a foreign state, bear criminal liability under this Code, unless otherwise provided by an international treaty of the Russian Federation.

3. Foreign citizens and stateless persons not permanently residing in the Russian Federation who have committed a crime outside the Russian Federation are subject to criminal liability under this Code in cases where the crime is directed against the interests of the Russian Federation or a citizen of the Russian Federation or a person permanently residing in the Russian Federation stateless, as well as in cases provided for by an international treaty of the Russian Federation or another document of an international nature containing obligations recognized by the Russian Federation in the sphere of relations regulated by this Code, if foreign citizens and stateless persons not permanently residing in the Russian Federation do not were convicted in a foreign country and are being prosecuted on the territory of the Russian Federation. (As amended by Federal Laws dated July 27, 2006 No. 153-FZ; dated July 6, 2016 No. 375-FZ)

Article 13. Extradition of persons who have committed a crime

1. Citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state.

Section II. CRIME

CHAPTER 3. CONCEPT OF CRIME AND TYPES OF CRIMES

Article 14. Concept of crime

1. A crime is recognized as a socially dangerous act committed guilty of guilt, prohibited by this Code under threat of punishment.

2. An action (inaction), although formally containing signs of any act provided for by this Code, but due to its insignificance, does not pose a public danger, is not a crime. (As amended by Federal Law No. 92-FZ dated June 25, 1998)

Article 15. Categories of crimes

1. Depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes.

2. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment. (As amended by Federal Law dated December 7, 2011 No. 420-FZ)

3. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment. (As amended by federal laws dated 03/09/2001 No. 25-FZ, dated 12/07/2011 No. 420-FZ, dated 06/17/2019 No. 146-FZ)

4. Grave crimes are intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed fifteen years of imprisonment. (As amended by federal laws dated 03/09/2001 No. 25-FZ, dated 06/17/2019 No. 146-FZ)

5. Particularly serious crimes are intentional acts, the commission of which is punishable by this Code in the form of imprisonment for a term of more than ten years or a more severe punishment.

6. Taking into account the actual circumstances of the crime and the degree of its public danger, the court has the right, in the presence of mitigating circumstances and in the absence of aggravating circumstances, to change the category of the crime to a less serious one, but not more than one category of crime, provided that for committing the crime specified in part three of this article, the convicted person is sentenced to a sentence not exceeding three years of imprisonment, or another more lenient punishment; for committing a crime specified in part four of this article, the convicted person is sentenced to a punishment not exceeding five years of imprisonment, or another more lenient punishment; for committing a crime specified in part five of this article, the convicted person is sentenced to a punishment not exceeding seven years of imprisonment. (Part introduced - Federal Law dated 07.12.2011 No. 420-FZ)

Article 16.

(Repealed - Federal Law dated December 8, 2003 No. 162-FZ)

Article 17. Set of crimes

1. A set of crimes is the commission of two or more crimes, for none of which a person has been convicted, except for cases where the commission of two or more crimes is provided for by the articles of the Special Part of this Code as a circumstance entailing a more severe punishment. In case of aggregation of crimes, a person bears criminal liability for each crime committed under the relevant article or part of an article of this Code. (As amended by Federal Laws dated December 8, 2003 No. 162-FZ; dated July 21, 2004 No. 73-FZ)

2. One action (inaction) containing signs of crimes provided for by two or more articles of this Code is also recognized as a set of crimes.

3. If a crime is provided for by general and special norms, there is no totality of crimes and criminal liability arises according to the special norm.

Article 18. Recidivism of crimes

1. Recidivism of crimes is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime.

2. Recidivism of crimes is considered dangerous:

a) when a person commits a serious crime for which he is sentenced to actual imprisonment, if earlier this person was sentenced to imprisonment two or more times for an intentional crime of average gravity;

b) when a person commits a serious crime, if he was previously convicted of a serious or especially serious crime to actual imprisonment.

3. Recidivism of crimes is considered especially dangerous:

a) when a person commits a serious offense