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Case ***

SENTENCE

IN THE NAME OF THE RUSSIAN FEDERATION

Omutninsk, Kirov region August 28, 2021

Omutninsky District Court of the Kirov Region, composed of judge Lapin A.Yu., with secretary Nikulina N.A., with the participation

State Prosecutor of the Prosecutor's Office of the Omutninsky District, Kirov Region Muravyova S.M.,

defendant Kochkin S.L., his defense lawyer Fetisov I.V., who presented certificate *** and warrant *** dated 08/20/2018,

having examined in open court a criminal case on charges

Kochkin Sergei Leonidovich, DATA SET WITHOUT

DATA SEIZED

in the commission of crimes provided for in Article 158, Part 3, Clause “d”, 325 Part 2, 158 Part 1 of the Criminal Code of the Russian Federation,

INSTALLED:

Kochkin S.L. twice committed theft, that is, the secret theft of someone else's property, one of which caused significant damage to a citizen, from a bank account (in the absence of signs of a crime under Article 159.3 of the Criminal Code of the Russian Federation), as well as the theft of a citizen's passport.

He committed the crimes under the following circumstances.

1). 05/19/2018 from 12:15 to 18:00 Kochkin S.L. was intoxicated in the apartment at the address: ADDRESS WITHDRAWN, he had a criminal intent aimed at secretly stealing funds belonging to F.I.O.1 from the bank account *** opened in the name of F.I.O.1 in the additional office of PJSC DATA WITHDRAWN ***, located at the address: ADDRESS WITHDRAWN (hereinafter referred to as the bank account, using a plastic bank card of PJSC DATA WITHDRAWN ***, owned by Full Name 1 (hereinafter referred to as the bank card) and a personal identification number (hereinafter referred to as PIN code) known to S.L. Kochkin.

During this period, taking advantage of the fact that no one was watching his criminal actions, pursuing a selfish goal, realizing the illegal nature of his actions, in order to secretly steal funds belonging to F.I.O.1, he stole from a bank account from a desk drawer in the kitchen at the indicated address, a bank card of no value, continuing his criminal actions, took a mobile phone belonging to F.I.O.1 and, using a needle, disabled the SIM card chip of the Tele2 operator with subscriber number ***, to which a bank card was connected, he stole a micro memory card from this mobile phone. DATA SEIZED worth 300 rubles.

Continuing his criminal actions, pursuing a selfish goal, realizing the illegal nature of his actions, on May 19, 2018, from 18:00 to 18:20, he came to the store *** “DATA CONFIGURED” at the address: ADDRESS SEIZED, where using a bank card, by clicking on the corresponding keys of the control unit entered the PIN code and carried out an illegal operation of illegally transferring funds from a bank account in the amount of 90 rubles, paying at 18:20 for the purchase of goods in the amount of 90 rubles, after which, in the period from 18:20 to 18:30, he arrived to the store “DATA SEIZED” at the address: ADDRESS SEIZED, where using a bank card, by pressing the appropriate keys of the control unit, he entered the PIN code and carried out an illegal operation to illegally transfer funds from a bank account in the amount of 396 rubles, paying in the period from 18 :30 to 18:31 purchase of goods totaling 396 rubles.

Continuing his criminal actions in the period from 19:00 to 19:30, he came to the grocery store “DATA SEIZED” LLC “DATA SEIZED” at the address: ADDRESS SEIZED by an installed electronic ATM terminal, where using a bank card by pressing the appropriate keys on the control unit, he entered the PIN code and made a request for cash in the amount of 40,000 rubles from a bank account and at 19:30. carried out an illegal operation to illegally transfer funds from a bank account in the amount of 40,000 rubles, and withdrew cash from the specified bank account in the amount of 40,000 rubles. After that, in the period from 19:30 to 19:52, I went to the store “DATA WITHDRAWN” LLC “DATA WITHDRAWN” at the address: ADDRESS WITHDRAWN, where, using a bank card, I entered the PIN code by pressing the appropriate keys on the control unit and at 19:52 carried out an illegal operation to illegally transfer funds from a bank account in the amount of 246 rubles, having paid for the purchase of goods for the specified amount.

Acting with a single intent, aimed at a single ongoing crime - the theft of funds from a bank account, pursuing a selfish goal, realizing the illegal nature of his actions, Kochkin S.L., while intoxicated, on May 20, 2018 from 11:00 to 11:26 I came to the premises of the electronic ATM terminal at the address: ADDRESS WITHDRAWN, where using a bank card by pressing the appropriate keys on the control unit, I entered the PIN code and made a request for the withdrawal of cash in the amount of 40,000 rubles from a bank account and at 11: 26 carried out an illegal operation to illegally transfer funds from a bank account in the amount of 40,000 rubles, and withdrew cash from a bank account in the specified amount.

Acting with a single intent, aimed at a single ongoing crime - the theft of funds from a bank account, pursuing a selfish goal, realizing the illegal nature of his actions, Kochkin S.L., while intoxicated, on May 21, 2018 from 12:30 to 12:46 I came to the grocery store "DATA WITHDRAWN" LLC "DATA WITHDRAWN" at the address: ADDRESS WITHDRAWN, where using a bank card by pressing the appropriate keys on the control unit, I entered the PIN code and made a request for the issuance of cash in the amount of 40,000 rubles from a bank account accounts and at 12:46 carried out an illegal operation to illegally transfer funds from a bank account in the total amount of 40,000 rubles, and withdrew cash from the specified bank account in the amount of 40,000 rubles.

Acting with a single intent, aimed at a single ongoing crime - theft of funds from a bank account, pursuing a selfish goal, realizing the illegal nature of his actions, Kochkin S.L., on May 22, 2018, in the period from 10:10 to 10:35, came to the premises branches of PJSC DATA WITHDRAWN at the address: ADDRESS WITHDRAWN, where the electronic ATM terminal is installed and, using a bank card, by pressing the appropriate keys of the control unit, entered the PIN code, made a request for the issuance of cash in the amount of 35,000 rubles from a bank account and in 10:35 carried out an illegal operation to illegally transfer funds from a bank account in the total amount of 35,000 rubles, and made a withdrawal of cash from the specified bank account in the amount of 35,000 rubles.

Thus, Kochkin S.L. in the period from 12:15 05/19/2018 to 10:35 05/22/2018 deliberately secretly stole funds from a bank account in the total amount of 155,732 rubles and a micro memory card DATA SEIZED worth 300 rubles, caused by his criminal actions Full Name 1 material damage totaling 156,032 rubles, which, taking into account the property status of the victim and the significance of the stolen property, is significant for the victim, he disposed of the stolen property at his own discretion, turning it to his advantage. At the same time, in the actions of Kochkin S.L. there were no signs of a crime under Article 159.3 of the Criminal Code of the Russian Federation.

2). Aka Kochkin S.L. 05/19/2018 in the period from 12:15 to 18:00, while intoxicated, in the apartment at the address: ADDRESS SEIZED, in the kitchen in the drawer of the table I found a passport of a citizen of the Russian Federation addressed to F.I.O.1. Kochkin S.L. a criminal intent arose aimed at stealing the passport of a citizen of the Russian Federation from Full Name 1, which, in order to take possession of the passport, was carried out by Kochkin S.L. at the specified time and place with free access, secretly stole in the kitchen from a table drawer a passport of a citizen of the Russian Federation Full Name 1 Full Name 1 DATE OF SEIZURE year of birth series *** issued DATE OF SEIZURE in the department of the Federal Migration Service of Russia at ADDRESS SEIZED ADDRESS SEIZED, disappeared from the crime scene and subsequently disposed of it at his own discretion.

3). He, Kochkin S.L., on May 21, 2018, in the period from 18:00 to 22:00, being intoxicated, was in the apartment at the address: ADDRESS SEIZED, where he saw in the table in the room a chainsaw brand DATA SEIZED without a tire and chains, and he had a criminal intent to secretly steal it. Immediately after this, at the indicated time, Kochkin S.L., being intoxicated at the above address, taking advantage of the fact that no one was watching his criminal actions, pursuing a selfish goal, realizing the illegal nature of his actions, approached the table in the room and with free access, he secretly stole the specified chainsaw, fled from the scene of the crime with the stolen one, and subsequently disposed of it at his own discretion, causing material damage to the victim, Full Name 1, in the amount of 11,000 rubles.

At the court hearing, the defendant stated that he understood the charges brought against him, agreed with him, admitted the civil claim, and supported his petition for a verdict without a trial. There were also no objections from other participants in the court session against this procedure for considering the criminal case.

At the same time, the court came to the conclusion that the accusation, which the defendant agreed with, was justified and supported by evidence collected in the criminal case.

Petition for a verdict without a trial Kochkin S.L. declared voluntarily, after consultation with defense counsel, and he is aware of the consequences of such a sentence. There are no circumstances preventing a guilty verdict, as well as grounds for changing the classification of the offense, terminating the case and acquitting the defendant.

The court came to the conclusion that the charges were justified and qualified the actions of S.L. Kochkin. under paragraph “g” of Part 3 of Article 158 of the Criminal Code of the Russian Federation as theft, that is, the secret theft of someone else’s property, causing significant damage to a citizen, from a bank account (in the absence of signs of a crime provided for in Article 159.3 of the Criminal Code of the Russian Federation); under Article 325 Part 2 of the Criminal Code of the Russian Federation as the theft of a citizen’s passport; under Article 158 Part 1 of the Criminal Code of the Russian Federation as theft, that is, the secret theft of someone else's property.

The court recognizes as mitigating circumstances for all crimes a confession, the presence of young children with the perpetrator, and for a crime provided for in Article 158, Part 3, Clause “g” of the Criminal Code of the Russian Federation, also active assistance in its disclosure and investigation, voluntary partial compensation of property damage caused as a result of the crime, as well as for all crimes, takes into account, on the basis of Part 2 of Article 61 of the Criminal Code of the Russian Federation, an apology to the victim as a way to make amends for the harm, a full admission of guilt, and repentance for the crime.

The court recognizes as circumstances aggravating the defendant's punishment a recidivism of crimes, which, according to the crime provided for in Article 158, Part 3, Clause “g” of the Criminal Code of the Russian Federation, is especially dangerous on the basis of Clause “a,” Part 3, Article 18 of the Criminal Code of the Russian Federation.

Since the defendant’s intent to commit crimes arose while intoxicated, based on the nature and degree of their social danger, the circumstances of the commission, the influence of the state of intoxication on his behavior when committing crimes and the identity of the perpetrator, the court, in accordance with Article 63 Part 1.1 of the Criminal Code of the Russian Federation recognizes for all crimes as an aggravating circumstance the commission of a crime in a state of intoxication caused by drinking alcohol.

When assigning punishment, the court takes into account the number, nature and degree of public danger of previously and newly committed crimes, the circumstances due to which the corrective effect of the previous punishment was insufficient, the identity of the perpetrator, including mitigating and aggravating circumstances, the impact of the imposed punishment on the correction of the convicted person and living conditions his family.

Kochkin S.L. is characterized negatively by his place of residence, does not have a main place of work, abuses alcohol, is prone to vagrancy, committing administrative offenses and crimes, and is not registered with a narcologist or psychiatrist. He is registered with the Department of Internal Affairs as a previously convicted person under administrative supervision. Communicates among people with previous convictions and alcohol abusers. By nature, balanced, secretive, cunning, deceitful. There were no complaints about him. At the place of serving the sentence Kochkin S.L. is also characterized negatively as not having taken the path of correction.

When assigning the type and amount of punishment, the court takes into account the personality of the perpetrator, his characterizing data, the need to ensure the achievement of the goals of punishment, and other circumstances, and comes to the conclusion that the correction of S.L. Kochkin. is possible only in conditions of his isolation from society, punishment associated with imprisonment within the sanction of the article under which his actions are qualified, and which provide for punishment in the form of imprisonment, since it must be associated with constant and strict control, and without additional punishment in the form of restriction of freedom and a fine, taking into account his behavior after the commission of crimes and marital status, since punishment in the form of actual imprisonment will be sufficient to achieve the goals of punishment. For the crime provided for in Article 325 Part 2 of the Criminal Code of the Russian Federation, the court decides to impose punishment in the form of correctional labor.

Taking into account the characteristics of the defendant, including the commission of crimes during the period of administrative supervision and probation on a suspended sentence, aggravating circumstances, the severity and factual circumstances of the crimes, the court does not find any exceptional circumstances that significantly reduce the degree of public danger and the identity of the perpetrator , which would indicate the possibility of applying the provisions of Art. Art. when imposing punishment. 64, 73 of the Criminal Code of the Russian Federation, changing the category of crime to a less serious one in accordance with Part 6 of Article 15 of the Criminal Code of the Russian Federation, imposing a more lenient punishment, however, taking into account the totality of circumstances mitigating the punishment, it sees grounds for applying the provisions of Article 68 Part 3 of the Criminal Code of the Russian Federation for each crime.

Due to the requirements of Part 5 of Article 74 of the Criminal Code of the Russian Federation, the court finds that S.L. Kochkin’s conditional sentence should be revoked. according to the verdict of the Omutninsky District Court of the Kirov Region dated February 22, 2021 and the imposition of punishment according to the rules of Article 70 of the Criminal Code of the Russian Federation.

In accordance with Article 58, Part 1, Clause “d” of the Criminal Code of the Russian Federation, the final sentence should be served in a special regime correctional colony, since the convicted person committed a crime with a particularly dangerous recidivism.

According to the provisions of paragraph “a”, part 3.1 of Art. 72 of the Criminal Code of the Russian Federation, within the term of the served sentence to S.L. Kochkin. The time of his detention in this case is subject to credit - from May 24, 2018 to the day the sentence enters into legal force, at the rate of one day for one day of serving the sentence in a special regime correctional colony.

Due to the need to execute a sentence in the form of actual imprisonment, the propensity of the convicted person to commit crimes, the commission of a crime during the probationary period and administrative supervision, the preventive measure in the form of detention must be maintained until the sentence enters into legal force.

The civil claim must be satisfied in full, taking into account the recognition of the claim by the defendant.

The court resolves the issue of material evidence in the case in accordance with Part 3 of Article 81 of the Code of Criminal Procedure of the Russian Federation.

In accordance with Part 10 of Art. 316 of the Code of Criminal Procedure of the Russian Federation, procedural costs provided for in Art. 131 of the Code of Criminal Procedure of the Russian Federation are not subject to recovery from the convicted person.

Based on the above and guided by Article 316 of the Code of Criminal Procedure of the Russian Federation, the court

SENTENCED:

Sergei Leonidovich Kochkin was found guilty of committing crimes under Art. 158, Part 3, Clause “d”, 325 Part 2, 158 Part 1 of the Criminal Code of the Russian Federation, and sentenced him:

- under Article 158, Part 3, Clause “g” of the Criminal Code of the Russian Federation in the form of 1 year 6 months of imprisonment;

- under Article 325 Part 2 of the Criminal Code of the Russian Federation in the form of 6 months of corrective labor, with 10% withheld from wages to the state income monthly;

- under Article 158 Part 1 of the Criminal Code of the Russian Federation in the form of 6 months of imprisonment.

On the basis of Part 3 of Article 69 of the Criminal Code of the Russian Federation, by partial addition of the imposed penalties, assign S.L. Kochkin. punishment of 1 (one) year 9 (nine) months of imprisonment.

According to Part 5 of Article 74 of the Criminal Code of the Russian Federation, Sergei Leonidovich Kochkin’s suspended sentence was canceled by the verdict of the Omutninsky District Court of the Kirov Region dated February 22, 2018.

Based on Article 70 of the Criminal Code of the Russian Federation, based on the totality of sentences, by partially adding the punishment imposed under this sentence to the punishment imposed on him by the verdict of the Omutninsky District Court of Kirovskaya dated February 22, 2018, assign a final sentence to Sergei Leonidovich Kochkin of 2 (two) years 6 (six) months of imprisonment, with serving the sentence in a special regime correctional colony, with deprivation of the right to engage in activities related to driving vehicles for a period of 1 year 6 months 9 days.

Preventive measure for S.L. Kochkin for the appeal period, leave the appeal unchanged in the form of detention.

The term of serving the sentence is calculated from the date the sentence enters into legal force.

Based on clause “a”, part 3.1 of Art. 72 of the Criminal Code of the Russian Federation, count towards the term of serving the sentence of S.L. Kochkin. the time of his detention in this case from May 24, 2018 until the day the sentence entered into legal force, at the rate of one day for one day of serving the sentence in a special regime correctional colony.

Physical evidence: a disk with video surveillance materials for 05/23/2018, a disk with video surveillance materials for the period from 05/19/2018 to 05/22/2018, a payment terminal receipt - keep in a criminal case, funds in the amount of 82,500 rubles, funds in the amount of 11,560 rubles, box with a chainsaw of the brand DATA WITHDRAWN documents for the chainsaw: operating instructions for a chainsaw of the brand DATA WITHDRAWN, warranty obligations and agreement *** dated 02/12/2018, cash receipt; Tele2 operator SIM card; micro memory card DATA SEIZED - considered returned to the victim Full Name 1, a fragment of a bank card and a bank card in the name Full Name 2, an air pistol DATA SEIZED, 3 gas cylinders for it, 3 cans with metal balls, wipe, holster, stored in the evidence storage room of the Ministry of Internal Affairs of Russia "Omutninsky" - hand over to the victim Full name 1

The civil claim of the victim, Full Name 1, is satisfied.

To recover from Sergei Leonidovich Kochkin in favor of F.I.O.1 material damage in the amount of 61672 (sixty-one thousand six hundred seventy-two) rubles,

The verdict can be appealed on appeal to the Kirov Regional Court within 10 days from the date of proclamation in compliance with the requirements of Article 317 of the Code of Criminal Procedure of the Russian Federation, and by the convicted person - within the same period from the date of delivery of a copy of the verdict. Explain to the convicted person the right to personal participation in the consideration of a criminal case by the appellate court of the Kirov Regional Court, which must be stated in the appeal or in objections to complaints and submissions brought by other participants in the criminal process.

Chairman - A. Yu. Lapin.

Amendments to Article 158 of the Criminal Code 2021

Code of Administrative Offenses of the Russian Federation. Article 111 part 1 of the Criminal Code of the Russian Federation suspended sentence? Amendments to the Criminal Code 2021 (It is interpreted broadly - that is, in the sense that since it cannot be aggravated, it can be improved) 2) Part.

2 10 of the Criminal Code if the sentence has not yet been served: reduction of the term.

In some cases, it means: mitigation of the severity of the punishment; reducing the term of serving in places of deprivation of liberty; abolition of additional types of punishments.

If the crime is committed on a large scale or by a group of persons, the punishment will be 5 years in prison. The amount of fines depends on the severity of the crime. If it was recognized as large, you will need to pay 100 thousand rubles, if especially large - 1 million.

Article 327 was amended and supplemented.

Two new parts were introduced into Article 2021 of the Criminal Code of the Russian Federation. The punishment for falsely reporting a terrorist attack to destabilize society has been changed. Now for this kind of crime you will have to pay a fine of up to 1 million rubles.

In 2021, some amendments were made to the Criminal Code of the Russian Federation. And already this year they came into action.

Some adjustments were supposed to take effect earlier, but the Department of Justice believed that more funds would have to be raised to make this happen.

The punishment for fraudsters also requires changes, but no strict amendments have been made. In recent years, this category has been changed several times, and all the amendments have only made life easier for criminals.

Quite large changes were made regarding management relations. If a citizen evades surveillance, or fails to comply with legal restrictions more than once, he will be held responsible for this.

Changes to the Criminal Code of the Russian Federation from June 28, 2021

E. Paramonova:

One of the innovations of the Criminal Code is the introduction of mediation into criminal proceedings. Today we see that mediation is one of the most effective ways to resolve conflicts. This is an out-of-court dispute resolution procedure with the participation of an independent mediator. It should be noted that our criminal legislation does not regulate the procedure for negotiations between the parties in order to compensate for the harm caused by the crime and achieve reconciliation. The search for a compromise is left to the discretion of the accused and the victim. But in practice, they often involve lawyers who actually act as mediators in resolving the conflict. However, each lawyer acts unilaterally, defending the interests of his client, which is not consistent with the appointment of a mediator - an independent, impartial third party to the negotiations. This will become the basis for introducing the mediation procedure into criminal proceedings.

N. Filippova:

In 2021, some amendments were made to the Criminal Code of the Russian Federation. And already this year they came into action. Some adjustments were supposed to take effect earlier, but the Department of Justice believed that more funds would have to be raised to make this happen.

There have been changes to the Criminal Code more than once that relate to the simplification of punishment for crimes of minor gravity. This is a completely civilized decision, since because of the stupidity that happened, a person can lose many years of his life in prison.

N. Filippova:

The bill adds new articles to the Criminal Code that provide for criminal liability for the intentional illegal collection or provision of information about the private life and (or) personal data of another person without his consent. In addition, liability will also be provided for failure to comply with measures to ensure the protection of personal data by the person processing personal data, which through negligence resulted in their dissemination and causing grave consequences.

E. Paramonova:

By the way, increased liability is provided for the commission of these actions in relation to a person or his relatives in connection with the performance of official activities or the performance of public duty.

In addition, it is proposed to establish liability for the dissemination of prohibited information by owners of Internet resources that are not mass media, in the event of repeated commission of such actions within a year after the imposition of an administrative penalty for the same violation. The maximum penalty is up to two years. If the dissemination of personal data caused harm to him or his family, then imprisonment for up to five years. A law on the protection of personal data is also being developed.

Amendments to the Code of Criminal Procedure of the Russian Federation are of a technical nature. Two new articles of the Criminal Code of the Russian Federation have been added to Article 31 of the Code of Criminal Procedure of the Russian Federation, which regulates jurisdiction and determines that acts of this kind will be considered by magistrates. In addition, new articles have been added to Article 150 of the Code of Criminal Procedure of the Russian Federation and Article 151 of the Code of Criminal Procedure of the Russian Federation, which regulate, respectively, the forms of preliminary investigation and jurisdiction.

Legal documents

Federal Law of July 26, 2017 N 203-FZ
Article 171.3 of the Criminal Code of the Russian Federation. Illegal production and (or) circulation of ethyl alcohol, alcoholic and alcohol-containing products
Article 171.4 of the Criminal Code of the Russian Federation. Illegal retail sale of alcohol and alcohol-containing food products
Article 171 of the Criminal Code of the Russian Federation. Illegal business
Article 327.1 of the Criminal Code of the Russian Federation. Production, sale of counterfeit tax stamps, special stamps or marks of conformity or their use
Article 31 of the Code of Criminal Procedure of the Russian Federation. Jurisdiction of criminal cases
Article 150 of the Code of Criminal Procedure of the Russian Federation. Preliminary investigation forms
Article 151 of the Code of Criminal Procedure of the Russian Federation. Jurisdiction

What amendments await the Criminal Code of the Russian Federation by May 9, 2021

Apology of Protest lawyer Alexander Peredruk does not understand why this law was adopted at all, since in practice he has not encountered anyone having claims related to the financing of public events.

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

The new version of Article 230 of the Criminal Code of the Russian Federation “Inducement to consume narcotic drugs, psychotropic substances or their analogues” provides for criminal liability for the use of information and telecommunication networks, including the Internet, when committing a crime. Such actions are a qualifying feature providing for liability under the second part of Article 230 of the Criminal Code of the Russian Federation.

Both laws came into force 10 days after their official publication. There are more officials being prosecuted for crimes of a corruption nature. Responsibility for inducing the use of narcotic drugs, psychotropic substances or their analogues using information and telecommunication networks, including the Internet, has been tightened.

Amendments were made to the notes to the articles. Now they indicate that in the current articles of Chapter 30 of the Criminal Code of the Russian Federation, officials are recognized as persons who permanently, temporarily or by special authority exercise the functions of a government representative or perform organizational, administrative, administrative and economic functions:

It is worth noting that previously an amnesty for prisoners was expected for the 75th anniversary of the Victory. But the pandemic, as always, disrupted many payments, so the prisoners were not destined to go home to their families ahead of schedule. Since it is time to carry out a criminal amnesty, there is a high probability that this will happen next year.

Recent data regarding the criminal amnesty suggests that it may take place in 2021. At least, this conclusion suggests itself after analyzing a recent comment from President Vladimir Putin.

In Russia, amnesties are generally used to coincide with some holidays or important dates. The last time it was held was in 2015, when the 70th anniversary of the Victory in the Second World War was celebrated. In 2021, according to some experts, the amnesty may coincide with the anniversary of the existence of the State Duma.

exemption from conviction for crimes committed through the negligence of persons under 18 years of age;
women who have children under 18 years of age and pregnant women;
men over 60 and women over 55 years old;
men if they have children under 3 years of age;
disabled people of the first, second or third group, if they have served more than one quarter of the established term.

Otherwise, if the convicted person previously served a sentence, but is now in the zone under a sentence for an unintentional crime with a term of less than five years, then the amnesty applies to him. As a rule, sentences for unintentional crimes are served in colony settlements and this point is relevant for them. On the forum of police officers, we were able to find draft resolution No. 266546-7

Also, one day in a pre-trial detention center will be equal to two days under house arrest or a penal colony.
Now one day in a pre-trial detention center is equivalent to one and a half days in a general regime colony or educational colony.

This question worries not only those who are serving time in remote places, but also their relatives and close people.

Moreover, law-abiding representatives of the entire society show interest in amnesty, wanting to understand how safe and fulfilling their lives will be.

The term will not change if the sentence is served in a disciplinary military unit, in a prison or a maximum security colony.

Here the judge himself can vary within the limits of the sanction: he wants to give 8, he wants 10, 12, 15, etc.

No matter how unfair the decision may seem to us, it will at least be considered legal, we can appeal it if we don’t like something. But there are situations when the decision is still considered illegal.

For example, in case of attempted crime, when the punishment cannot be more than ¾ of the maximum punishment.