The amendments in article 72 of the criminal code

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2018-03-19 09:10:19

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According To article 72 of the criminal code of Russian Federation define the rules of calculation of terms of punishment, imputed to the condemned. In particular, we are talking about the duration of the prohibitions to engage in activities or hold positions defined by the court, the period of forced, correctional labour, restriction on military service, arrest, stay in the disciplinary part of imprisonment. Periods calculated in years and months. Duration of compulsory work is calculated in hours. article 72 of the criminal code

Replacing/adding penalties

In such situations, and in the case of classification, the duration of sanctions could amount to days. When you use Article 72 of the criminal code of Russian Federation it is necessary to consider rules of part 1 of article 71. Taking this into account, the period of compulsory work, amounting to 240 hours, equal to:

  • Three months of restrictions on military service, or correction. works.
  • Two months of restraint of liberty.
  • One month of forced labor or imprisonment.

Custody

Paragraph 3 Article 72 of the criminal code of Russian Federation determines that the period counted in the time:

  1. Stay in the disciplinary part.
  2. Prison.
  3. Forced labour.
  4. Arrest.

This inclusion of time is at the rate of 1 day for 1 day. Credit of detention also included in the period of restriction of liberty (1:2), corrective works and restrictions on military service (1:3). In time imputed to obligatory works this time included at the rate of 1 day for 8 hours. the second reading of the amendment of article 72 of the criminal code

Details

Part 4 Article 72 of the criminal code of Russian Federation provided that the period spent in custody subject to the sentence gained legal force and time in prison, imposed for the act committed outside of Russia, the issuance of the perpetrator according to the rules of article 13 are also subject to classification. In this case, the calculation is carried out based 1 D. 1 D. In the Part 5 of article 72 of the criminal code of Russian Federation States that if the imputation of the offender in custody until the commencement of trial, penalty, restrictions on the exercise of a particular activity or fill posts as the main penalty, the court, taking into account the specified period, you may change the measure of restraint. In particular, a certain sentence penalty may be reduced or removed from the entity.

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Changes to article 72 of the criminal code

Adjustments to the rules discussed for a long time. They are associated with the recalculation of the penalties listed in article 72 of the criminal code. The second reading is expected in autumn 2017, the initiator of the adjustment was the Federal penitentiary service. It is worth noting that the idea is to make The draft law (article 72 of the criminal code to be amended, to be exact) is actively promoted in 2008-2009, At that time, the initiators were able to obtain the approval of the armed forces and the government. Currently, however, the question of the allocation of time rose sharply enough. Many experts note that The state Duma of the article 72 of the criminal code of Russian Federation not accept the alleged adjustments. The authors explain their view that a new edition of the norm significantly violates the principle of equality. bill article 72 of the criminal code

Complexity

Why was it postponed Second reading? Amendment of article 72 of the criminal code of Russian Federation, as noted above, violate the principle of equality. Let's consider an example. For example, two citizens - A. and B. committed the murder. They rely for a crime the same punishment. However, for some reason, the investigation of citizen A. was carried out longer. If will be the classification of the term article 72 of the criminal code "day and a half," it turns out that a second attacker, the crime which was carried out without delays, will have to serve a longer period. The reason for that – the application of the new calculation method. If the adjustments are accepted, the subjects will be more tempted to stay in jail. This, experts believe, may contribute to more frequent cases of corruption.

The enforcers

Many police officers on the ground speak against the bill. Justify your opinion militiamen fact that the new algorithm may appear "over time". For example, citizen B. has committed a crime and was taken into custody. The act proved to be difficult, the investigation took a year. All this time the citizen V. was in jail. In the end, the verdict of the court, the offender received year of a colony. If the count for the new algorithm, it turns out that the citizen left the extra six months. the state Duma of article 72 of the criminal code

Diagram of the time offset

The proposed rules is determined by the following algorithm. Day in jail is equivalent to:

  • One day of arrest (as in the current article).
  • 1. stay in the disciplinary part.
  • 1.5 days. in the colony Ls. mode.
  • 1.5 days. in a correctional colony.
  • 2 days. restriction of freedom.
  • 2 days. in a colony-settlement.
  • 3 days. correction. works.
  • 3 days. restriction in military service.
  • 8 hours of obligatory works.

The Importance of adjustments

Meanwhile, actively promoted the opinion about the necessity of adoption of the amendments. Explain their position, these authors fact that the adjustment will not affect those who are serving a sentence in colonies strict/special regime. The state Duma Committee on procedure, arbitration, civil and criminal legislation recommended to deputies to accept the new wording of the article.

Human rights activists, in turn, draw the attention of normatized the failures in the functioning of PAROLE. According to some experts, the parole for many has become unaffordable privilege. An opinion was expressed by the COE Committee of Ministers. He insisted on the need to move away from the use of "coefficient 1", as the existing criminal practice does not protect human rights to the extent necessary. Moreover, a number of experts drew attention to the serving of sentences by women. According to them, it requires humanization, because the prison conditions harsher than in obsering colonies. the amendments in article 72 of the criminal code

Controversial issue

In practice, a situation may arise when a citizen was counted a fine, and he is in the process of trial was in jail. In this case, the court may mitigate the penalty. However, to replace the penalty of a stay in prison is impossible. A similar provision applies to penalties associated with the establishment of restrictions on the exercise of certain activities or stay in positions established by the court. For example, a citizen was accused of abuse of office to satisfy their own selfish intentions. The investigation was conducted, say, 2 months. All this time the citizen was in prison. The court issued a verdict, was accused of person the prohibition to hold certain posts for 3 L. the Court is entitled to consider the stay of the citizen in jail and to mitigate the punishment.

What time frame are included in the allocation?

As the period of detention of a citizen in custody pending trial are:

  1. Time of the administrative arrest and detention. The issues associated with them, are governed by the administrative code. For example, a subject was arrested for disorderly conduct. The punishment provided for in the administrative code and the criminal code and depends on the severity of the offence. In this regard, the first citizen is detained for an administrative offense. Subsequently, the qualification is modified.
  2. Detention of a citizen suspected of crime. Questions concerning this action, regulated in the criminal procedure code.
  3. Custody.
  4. The Period of application to the subject of compulsory medical measures (article 72.1 of the criminal code).
  5. The Period of disciplinary arrest. This measure applies to the military. For example, the subject had violated the rules of border service. First and foremost, his behavior is regarded as a disciplinary offence. Subsequently, the qualification is changing to an infringement of the order of military service.

Not taken into account the time spent under house arrest. St 72 1 of the criminal code

Important

During the stay in prison should include all days during which the citizen was under investigation before the date the sentence comes into force. Note that the period will go after the meeting. It will end when the period expires, provided to appeal the sentence.

Examples

For example, a citizen was sentenced to a year and 3 months. stay in the colony. of the regime, went on 8 months, is now in jail. In this case, it is necessary to differentiate the status of the subject. 72 article apply to cases occurring before the entry into force of the sentence. In this example the person has already been convicted, so to apply a different standard. It is article 76 of the PEC. It provides for the maintenance of citizens in the TPP (transit-transit point). Thus, in the source data indicating the stay of a citizen in jail there are several incorrectly. The room in the transit and transit points will be awarded according to the same rules as the path to the place of direct serving imputed by the court to face penalties.

Consider another example. In respect of the subject under investigation, he is in jail. In this case, the calculation period is a day-by-day. Another algo...


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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