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 13. Amnesty. Pardon. Criminal Record
Article 84. Amnesty
1. Amnesty may be declared by the State Duma of the Federal Assembly of the Russian Federation with regard to a broad class of persons.
2. Persons who have committed crimes may be relieved from criminal responsibility by an act of amnesty. Persons convicted for the commission of crimes may be released from punishment, or the punishment imposed on them may be reduced or replaced with a milder penalty, or such persons may be released from the additional penalties. The criminal records may be struck from persons who have served punishment, through an act of amnesty.
Article 85. Pardon
1. Pardon may be granted by the President of the Russian Federation in respect of a specific person.
2. A person who has been convicted for a crime may be released from the further serving of his sentence, or the inflicted punishment may be reduced or replaced with a milder penalty by an act of pardon. The criminal record may be struck from a person who has served punishment, through an act of pardon.
Article 86. Criminal Record
1. A person sentenced for a committed crime shall be deemed to be convicted from the day of the entry of the court's sentence into legal force, until such time as the conviction is quashed or struck from his criminal record. In keeping with this Code, criminal record shall be considered in cases of recidivism of crimes and during the imposition of punishment.
2. A person released from punishment shall be deemed to be non-convicted.
3. Criminal records shall be expunged in respect of the following persons:
a) persons convicted conditionally - upon the expiry of the period of probation;
b) persons sentenced to penalties milder than deprivation of liberty - upon the expiry of one year after punishment was completed;
c) persons sentenced to deprivation of liberty for crimes of small or average gravity - upon the expiry of three years after punishment was completed;
d) persons sentenced to deprivation of liberty for grave crimes - upon the expiry of six years after punishment was completed;
e) persons sentenced for especially grave crimes - upon the expiry of eight years after punishment was completed.
4. If a convicted person has been released from punishment short of term, in the statutory order, or if the remaining part of punishment has been replaced with a milder penalty, then the period for expunging the criminal record shall be counted on the basis of the actually served period of punishment since the time of release from serving the basic and additional penalties.
5. If after the punishment has been completed the convicted person behaved faultlessly, the court of law may, on his motion, strike his criminal record before the expiry of the normal term for expunging the record of conviction.
6. The expunging or striking of a criminal record shall annul all the legal consequences related to the record of conviction.
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