The Criminal Code Of The Russian FederationAdopted by the State Duma on May 24, 1996
Adopted by the Federation Council on June 5, 1996
Federal Law No. 64-FZ of June 13, 1996 on the Enforcement of the Criminal
Code of the Russian Federation
Chapter 3. The Concept of Crime and the Types of Crime
Article 14. The Concept of Crime
1. A socially dangerous act, committed with guilt and prohibited by this Code under threat of punishment, shall be deemed to be a crime.
2. The commission of an act, or an inaction, although formally containing the indicia of any act provided for by this Code, but which, by reason of its insignificance, does not represent a social danger that is, which caused no harm and has not created a treat of damage to a person, society, or the state, shall not be deemed a crime.
Article 15. Categories of Crimes
1. Depending on the nature and degree of social danger, the deeds provided for by this Code shall be divided into crimes of little gravity, crimes of average gravity, grave crimes, and especially grave crimes.
2. Intentional and careless acts, for the commission of which the maximum penalty stipulated by this Code does not exceed two years deprivation of liberty, shall be recognized as crimes of little gravity.
3. Qualified as the medium-gravity crimes shall be deliberate offences for whose commitment the maximum punishment stipulated by the present Code does not exceed five years of the deprivation of freedom, and careless crimes for whose commitment the maximum punishment stipulated by the present Code exceeds two years of the deprivation of freedom.
4. Intentional acts, for the commission of which the maximum penalty stipulated by this Code does not exceed 10 years deprivation of liberty, shall be recognized as grave crimes.
5. Intentional acts, for the commission of which this Code provides a penalty in the form of deprivation of liberty for a term exceeding 10 years, or a more severe punishment, shall be recognized as especially grave crimes.
Article 16. Repeated Crimes
1. The commission of two or more crimes, stipulated by one Article or by part of an Article of this Code, shall be recognized as the repetition of crimes. The commission of two or more crimes, envisaged by different Articles of this Code, may be recognized as repeated more than once in cases stipulated by the respective Articles of the Special Part of this Code.
2. A crime shall not be deemed to be committed repeatedly if the person has been excused from criminal responsibility in the statutory manner for the crime committed earlier, or if the record of conviction for the crime committed earlier has been exponged or anolled.
3. In cases where the repetition of crimes is envisaged by the present Code as a circumstance involving a stricter punishment, the crimes committed by the person shall be qualified according to the respective Article of this Code that provides a penalty for repeated crimes.
Article 17. Cumulative Punishment
1. The commission of two or more crimes, envisaged by different Articles or parts of Articles of this Code, for both of which the person has been convicted, shall be deemed cumulative punishment. In case of the cumulation of crimes, the person shall bear criminal responsibility for each committed crime under the respective Article or part of Article of this Code.
2. One act (inaction), containing the elements of crimes envisaged by two or more Articles of this Code, shall also be deemed to be a cumulation of crimes.
3. If a crime is covered both generally and specifically, then the cumulation of both crimes shall not be imposed and criminal responsibility shall arise according to the special elements.
Article 18. Recidivism
1. The commission of an intentional crime by a person who has a record of conviction for an intentional crime committed earlier shall be classified as the recidivism of crimes.
2. The recidivism of crimes shall be classified as a dangerous crime in the following cases:
a) when a person has committed an intentional offence, for which he is sentenced to deprivation of liberty, if earlier this person was sentenced twice to deprivation of liberty for intentional offences;
b) when a person has committed an intentional grave offence, if he was earlier convicted for anintentional grave offence.
3. Recidivism shall be deemed especially dangerous:
a) when a person has committed an intentional offence, for which he is sentenced to deprivation of liberty, if earlier this person was convicted three or more times and sentenced to deprivation of liberty for intentional grave offence or the intentional offence of average gravity;
b) when a person has committed an intentional grave crime, if earlier he was convicted twice for intentional grave crimes or was convicted for an especially grave crime;
c) when a person has committed an especially grave crime, if earlier he was convicted for an intentional grave or especially grave crime.
4. The record of conviction for crimes committed by a person aged less then 18 years, and also the record of a conviction expunged or anolled in the order prescribed by Article 86 of this Code, shall not be taken into account in considering the recidivist nature of crimes.
5. Recidivism shall involve a stricter punishment on the basis and within the limits envisaged by this Code.
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