The Criminal Code Of The Russian Federation

Adopted 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

Part I
Section III
Chapter 9
The Concept and the Purposes of Punishment. Types of Punishment
Chapter 10
Imposition of Punishment

Chapter 9. The Concept and the Purposes of Punishment. Types of Punishment

Article 43. The Concept and the Purposes of Punishment


1. Punishment is a measure of state compulsion assigned by a court's judgement. Punishment shall be applied to a person who has been found guilty of the commission of a crime. It consists of the depreciation or restriction of the rights and freedoms of this person, as provided for by this Code.
2. Punishment shall be applied for the purpose of restoring social justice, and also for the purpose of reforming a convicted person and of preventing the commission of further crimes.

Article 44. Penalties


The following penalties may be applied:
    a) fines;
    b) deprivation of the right to hold specified offices or to engage in specified activities;
    c) deprivation of a special and military rank or honorary title, class rank and of government decorations;
    d) compulsory works;
    e) corrective labour;
    f) restriction in military service;
    g) confiscation of property;
    h) restricted liberty;
    i) arrest;
    j) service in a disciplinary military unit;
    k) deprivation of liberty for a definite period;
    l) deprivation of liberty for life;
    m) capital punishment.

Article 45. Basic and Additional Penalties


1. Compulsory work, corrective labour, restriction in military service, restriction of liberty, arrest, service in a disciplinary military unit, deprivation of a liberty for a definite term, deprivation of liberty for life, and capital punishment shall be applicable as basic penalties alone.
2. Fines and deprivation of the right to hold specified offices or to engage in specified activity shall be applicable both as basic and additional penalties.
3. Deprivation of a special or military rank, or honorary title, class rank or government decorations, and also confiscation of property, shall be applicable as additional penalties alone.

Article 46. Fines


1. A fine is a monetary exaction imposed within the limits established by this Code in an amount corresponding to a definite number of minimum wages, as fixed by the laws of the Russian Federation at the time of imposing the penalty, or in the amount of the wage or salary or any other income of the convicted person for a certain period.
2. The fine shall be established in an amount from 25 to 1,000 minimum wages, and salaries or in an amount of any other income for a period from two weeks to one year.
3. The amount of a fine shall be determined by a court of law, depending on the gravity of the crime committed and taking account of the convicted person's property status.
4. As an additional penalty, a fine may be imposed only in cases, provided for by the relevant Articles of the Special Part of this Code.
5. In the event that a the person maliciously evades payment of a fine, the latter shall be replaced by compulsory or corrective work, or arrest, in accordance with the amount of the imposed fine and within the limits, provided for by this Code for these penalties.

Article 47. Deprivation of the Right to Hold Specified Offices or to Engage in Specified Activities.


1. Deprivation of the right to hold specified offices or to engage in specified activities consists of the prohibition to hold offices in the civil service and local self-government bodies, or to engage in a professional or any other activity.
2. Deprivation of the right to hold specified offices or to engage in specified activities shall be established for a term of one year to five years as a basic penalty, or for a term of six months to three years as an additional penalty.
3. Deprivation of the right to hold specified offices or to engage in specified activities may be imposed as an additional penalty also in cases where it is not provided for by the relevant Article of the Special Part of this Code as punishment for the corresponding offence, if with due account of the nature and the degree of the social danger of the crime committed and the personality of the convict, the court deems it impossible to allow him to retain the right to hold specified offices or to engage in specified activities.
4. In the event that this type of penalty is imposed in addition to compulsory or corrective work, and also in the event of conditional conviction, its term shall be counted from the time of the enforcement of the court's judgement. In the event that deprivation of the right to hold specified offices or to engage in specified activities is an additional penalty to the restriction of liberty, arrest, service in a disciplinary military unit, or deprivation of liberty, this punishment shall extend to the entire time of serving said basic penalties, but its term shall be counted from the time they have been served.

Article 48. Deprivation of Special or Military Rank or Honorary Title, Class Rank, or Government Decoration


Upon conviction for a grave or especially grave crime, a court of law may deprive the guilty person of his special or military rank, orof his honorary title, class rank, or government decoration, with due account for his personality.

Article 49. Compulsory Works


1. Compulsory work consists in the performance of free socially useful works by the convicted person during his spare time. The types of these works shall be determined by the local self-government bodies.
2. Compulsory works shall be fixed for a period of 60 to 240 hours, and shall be served during not more than four hours a day.
3. In the event the convicted person maliciously evades performing of his compulsory works, the latter shall be replaced with the restriction of liberty or arrest. The time during which the convicted person has served the compulsory works shall be counted in case of the determination of the term of restricting liberty or arrest at the rate of one day of restricted liberty or arrest per eight hours of compulsory works.
4. Compulsory works shall not be imposed upon persons who are deemed to be invalids of the first and second groups, pregnant women, women with children of less than eight years of age, or women who have attained 55 years of age, upon men who have attained 60 years of age, or upon servicemen undergoing military service after call-up.

Article 50. Corrective Labour


1. Corrective labour shall be imposed for a term from two months to two years, and shall be served at the convicted person's place of work.
2. Deductions for the benefit of the State shall be made from the earnings of the person sentenced to corrective labour, in the amount fixed by the court's judgement, within the limits from five to twenty percent.
3. In the event a person who is sentenced to corrective labour maliciously shirks the serving of his punishment, a court of law may replace the remaining part of the term of corrective labour with a penalty in the form of restricted liberty, arrest, or deprivation of liberty at the rate of one day of restricted liberty per one day of corrective labour, one day of arrest per two days of corrective labour, or one day of deprivation of liberty per three days of corrective labour.

Article 51. Restriction in Military Service


1. Restriction in military service shall be imposed upon convicted servicemen undergoing military service under a contract for a term of three months to two years, in cases envisaged by the corresponding Articles of the Special Part of this Code for the commission of offences against military service, and shall also be imposed upon servicemen undergo military service under a contract in a place of corrective labour, as stipulated by the relevant Articles of the Special Part of this Code.
2. Deductions for the benefit of the State shall be made from the upkeep of a person convicted to restriction in military service in the amount, fixed by the court's judgement, of not more than 20 percent. During the serving of this punishment the convicted person may not be promoted in his post or in military rank, and the period of punishment shall not be counted in the period of seniority for purposes of promotion in rank.

Article 52. Confiscation of Property


1. Confiscation of property consists of the compulsory seizure and transfer to the State, without compensation, of all or part of the effects constituting the property of the convicted person.
2. Confiscation of property is established for grave and especially grave crimes committed for mercenary motives, and may be imposed by a court of law only in cases provided for by the relevant Articles of the Special Part of this Code.
3. Possessions needed by the convicted person or by the persons who are dependent on him shall not be subject to confiscation, according to the list envisaged by the criminal-executive laws of the Russian Federation.

Article 53. Restricted Liberty


1. Restricted liberty consists of the maintenance of a convicted person, who has attained 18 years of age by the time of adjudication, in a special institution without isolation from the society during the supervision over him.
2. Restricted liberty shall be imposed on:
    a) persons who are convicted for the commission of willful crimes but who have no record of conviction - for a term of one to three years;
    b) persons who are convicted for crimes committed by negligence - for a term of one to five years.
3. In the event that compulsory works or corrective labour have been replaced with restricted liberty, the latter penalty may be imposed for a term of less than one year.
4. In the event that a person convicted to restricted liberty maliciously evades the serving of the penalty, this punishment shall be replaced with deprivation of liberty for the term of restricted liberty imposed by the court's judgement. The time of serving restricted liberty shall be counted in the period of deprivation of liberty at the rate of one day of deprivation of liberty per one day of restricted liberty.
5. Restricted liberty shall not be imposed on persons deemed to be invalids of the first and second groups, pregnant women, women with children of less than eight years of age, women who have attained 55 years of age, or men who have attained 60 years of age, nor upon servicemen undergoing military service after call-up.

Article 54. Arrest


1. Arrest consists in the maintenance of a convicted person in conditions of strict isolation from society, and shall be imposed for a term of one to six months. In the event that compulsory works or corrective labour is replaced by arrest, the latter may be imposed for a term of not less than one month.
2. Arrest shall not be imposed on persons who have not attained 16 years of age by the time of adjudication, nor upon pregnant women or women who have children of less than eight years of age.
3. Servicemen shall be taken into custody in the stockage.

Article 55. Service in a Disciplinary Military Unit


1. Service in a disciplinary military unit shall be imposed upon servicemen undergoing military service after call-up, and also upon servicemen undergoing military service under contract as enlisted men, if at the time of adjudication they have not served their statutory terms under call up. This punishment shall be imposed for a term of three months to two years in cases provided for by the corresponding Articles of the Special Part of this Code for the commission of crimes against military service, and also in cases when the nature of the crime and the personality of the guilty person testify to the possibility of replacing deprivation of liberty with a term of less than two years, with service by the convicted person in a disciplinary military unit for the same term.
2. When a convicted person serves in a disciplinary military unit instead of deprivation of liberty, the term of service in the disciplinary military unit shall be determined at the rate of one day of deprivation of liberty per one day of service in the disciplinary military unit.

Article 56. Deprivation of Liberty for a Definite Term


1. Deprivation of freedom shall amount to the isolation of the convict from society by sending him to a settlement colony, placing him into an educational colony, into a medical treatment and reformatory institution or into a reformatory colony of general, strict or special regime, or into prison.
2. Deprivation of liberty shall be established for a term of six months to 20 years.
3. In case of the replacement of corrective labour or restricted liberty with deprivation of liberty, the latter punishment may be imposed for a term of not less than six months.
4. In case of a partial or full merger of the terms of deprivation of liberty into the assignment of punishment by the cumulation of penalties, the maximum total term of deprivation of liberty may not exceed 25 years, and the cumulative sentences - 30 years.

Article 57. Deprivation of Liberty for Life


1. Deprivation of liberty for life is established only as an alternative to capital punishment for the commission of especially grave crimes of attack on human life, and may be imposed in cases where the court of law deems it possible to not apply capital punishment.
2. Deprivation of liberty for life shall not be imposed upon women, nor upon persons who have committed crimes at ages below 18 years, nor upon men who have attained 65 years of age by the time of adjudication.

Article 58. Assignment of the Kind of Reformatory Institution for Those Sentenced to the Deprivation of Freedom


1. The sentence of the deprivation of freedom shall be served:
    a) by the persons convicted for crimes committed because of carelessness, as well as by the persons sentenced to the deprivation of freedom for committing deliberate petty and medium gravity offences, who have not been formerly sentenced to the deprivation of freedom - in the settlement colonies. Taking into account the circumstances of committing the crime and the convict's personality, the court may rule it that the said persons may serve the punishment in reformatory colonies of general regime, while supplying the motives for the adopted decision;
    b) the men sentenced to the deprivation of freedom for committing grave crimes, who have not formerly served the sentence of the deprivation of freedom, and the convicted women - in the reformatory colonies of general regime;
    c) the men sentenced to the deprivation of freedom for committing especially grave crimes, who have not earlier served the sentence of the deprivation of freedom, and the women in case of committing especially dangerous repeated crimes - in the reformatory colonies of strict regime;
    d) the men sentenced to the deprivation of freedom for life, and in case of committing especially dangerous repeated crimes - in the reformatory colonies of special regime.
2. The men sentenced to the deprivation of freedom for committing particularly grave crimes for a term of over five years, and also in case of especially dangerous repeated crimes may be made to serve a part of the term of punishment in prison.
3. The persons sentenced to the deprivation of freedom, who have not reached eighteen years of age at the moment of the court passing the sentence, shall be sent for serving the punishment to educational colonies.
4. The kind of the assigned reformatory institution may be changed by the court in accordance with the criminal-executive legislation of the Russian Federation.

Article 59. Capital Punishment


1. Capital punishment, as an exclusive penalty, may be imposed only for especially grave crimes encroaching on human life.
2. Capital punishment shall not be applied to women, nor to persons who have committed offences at below 18 years of age, nor and to men who have attained 65 years of age by the time of adjudication.
3. Capital punishment by way of pardon may be replaced with deprivation of liberty for life or by deprivation of liberty for a term of 25 years.

<< back forward >>
Content

Copyright © 2000 Open LLC

Page protected by COPYSCAPE do not copy
Please do not ever copy any of our content to a public Web server. Link to this pages instead. We guarantee not to break any of your links. The problem with you putting a page on your server is that the search engines will find it and send our readers to your server instead. Thus they will be deprived of our latest content and service innovations.

Our other sites:

The Customs Code of the Russian Federation
The Criminal Code of the Russian Federation
The Tax Code of the Russian Federation
The Civil Code of the Russian Federation
The Code of Administrative Offences of the Russian Federation
The Customs Tariff of the Russian Federation

eXTReMe Tracker