Amendment of Art. 72 of the Criminal Code

In Art. 72 of the Criminal Code of the Russian Federation determine the rules for calculating the sentences imputed to convicts. In particular, we are talking about the duration of the prohibitions on conducting activities and filling positions determined by the court, the terms of forced, corrective labor, restrictions on military service, arrest, stay in the disciplinary unit, and imprisonment. Periods are calculated in years and months. The duration of compulsory work is calculated in hours.

Replacement / addition of sentences

In such situations, as well as in the case of set-off, the duration of the sanctions can be calculated in days. In applying this provision of Art. 72 of the Criminal Code, it is necessary to take into account the rules of Part 1 of Article 71. Taking them into account, the period of obligatory work of 240 hours is:

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

Custody time

Point 3 of Art. 72 of the Criminal Code of the Russian Federation establishes that this period counts in the terms:

1. Stays in the disciplinary unit.
2. Imprisonment.
3. Forced labor.
4. Arrest.

In this case, the inclusion of time is carried out at the rate of 1 day for 1 day. The set-off of detention is also included in the period of restriction of liberty (1: 2), correctional labor and restrictions on military service (1: 3). In the period of imputed compulsory work this time is included at the rate of 1 day for 8 hours.

Additionally

In part 4 of Art. 72 of the Criminal Code of the Russian Federation provides that the period of detention of the subject until the sentence acquires legal force and the time of imprisonment imposed for an act committed outside of Russia when a person is convicted according to the rules of Art. 13 is also offset. In this case, the calculation is carried out at the rate of 1 day for 1 day. In h. 5 Article. 72 of the Criminal Code of the Russian Federation , it is established that when imputed to a guilty person who was in custody before the start of the proceedings, a fine, prohibitions on carrying out a certain type of activity or filling posts as the main punishment, the court, taking into account the indicated period, may change the preventive measure. In particular, the sanction determined by the sentence may be mitigated or withdrawn from the subject.

Amendment of Art. 72 of the Criminal Code

Adjustments to the norm have been discussed for a long time. They are related to the recalculation of the sentences specified in Art. 72 of the Criminal Code. The second reading is expected in the fall of 2017. The FSIN became the initiator of the adjustments. It is worth noting that the idea of ​​adopting a bill (Article 72 of the Criminal Code of the Russian Federation to undergo some changes, to be more precise) was actively promoted back in 2008-2009. At that time, the initiators had the opportunity to get the approval of the Armed Forces and the government. However, at present, the issue of recalculating deadlines has become rather acute. Many experts note that the State Duma Art. 72 of the Criminal Code will not accept the proposed adjustments. The authors explain their opinion by the fact that in the new edition the norm substantially violates the principle of equality.

Difficulties

Why was the second reading delayed ? Amendments to Art. 72 of the Criminal Code , as noted above, violate the principle of equality. Consider an example. Suppose two citizens, A. and B., committed murder. They are entitled to the same punishment for a crime. However, for some reason, the investigation of the case of citizen A. took longer. If the set-off period under Art. 72 of the Criminal Code of the Russian Federation “a day and a half”, it turns out that the second attacker, whose criminal proceedings were conducted without delay, will serve a longer term. The reason for this is the use of a new calculation algorithm. If the adjustments are accepted, then the subjects will be more tempted to remain in jail. This, experts believe, can increase the incidence of corruption.

Law enforcement opinion

Many local police officers are opposed to the bill. Law enforcement authorities substantiate their opinion by the fact that with the new algorithm “excess time” may appear. For example, citizen V. committed a crime and was taken into custody. The act turned out to be complicated, and the investigation took a year. All this time, citizen V. was in jail. As a result, by the verdict of the court, the perpetrator received a year in prison. If you count on the new algorithm, it turns out that the citizen left the extra six months.

Time Scheme

In the proposed edition of the norm, the following algorithm is determined. A day in a pre-trial detention center is equivalent to:

• One day of arrest (as in the current article).
• 1 d stay in the disciplinary unit.
• 1.5 days in the colony commonly. mode.
• 1.5 days in an educational colony.
• 2 days restrictions of freedom.
• 2 days in the colony settlement.
• 3 days correct. works.
• 3 days restrictions on military service.
• 8 hours of compulsory work.

The importance of adjustments

Meanwhile, the opinion that amendments are needed is being actively promoted. These authors explain their position by the fact that the corrections will not affect those who are serving their sentences in strict / special regime colonies. The State Duma Committee on Procedural, Arbitration, Civil and Criminal Legislation recommended that deputies adopt the new version of the article.

Human rights activists, in turn, draw the attention of rulemakers to failures in the functioning of the parole mechanism. According to some experts, parole for many has become an inaccessible privilege. The Committee of Ministers of the Council of Europe also expressed its opinion. He insisted on the need to move away from the use of the "coefficient 1", as the existing criminal practice does not provide the necessary protection for human rights. Moreover, a number of specialists pay attention to serving sentences by women. In their opinion, it requires humanization, since in a pre-trial detention center the conditions of detention are harsher than in general-regime colonies.

Controversial issue

In practice, a situation may arise when a citizen was charged with a fine, and he was in the pre-trial detention center during the proceedings. In this case, the court may mitigate the penalty. However, a fine cannot be replaced by staying in an isolation ward. A similar provision applies to penalties related to the establishment of prohibitions on the implementation of certain types of activities or stay in positions established by the court. For example, a citizen was accused of abuse of office to satisfy his selfish intentions. The investigation was conducted, for example, 2 months. All this time, the citizen was in prison. The court passed a sentence imposing a ban on a person to hold certain posts for 3 liters. The institution has the right to take into account the time a citizen is in jail and mitigate the punishment.

What periods are included in the allocation?

The period of detention of a citizen before trial are:

1. The time of administrative arrest and detention. Issues related to them are regulated by the Code of Administrative Offenses. Suppose the subject was detained for disorderly conduct. The punishment for him is provided for both in the Code of Administrative Offenses and in the Criminal Code and depends on the gravity of the act. In this regard, the citizen is first detained for an administrative offense. Subsequently, qualifications are changed.
2. The time of detention of a citizen suspected of a crime. Issues regarding this measure are regulated in the CPC.
3. The time spent in custody.
4. The period of application of compulsory medical measures to the subject (Article 72.1 of the Criminal Code of the Russian Federation).
5. Duration of disciplinary arrest. This measure applies to military personnel. For example, the subject committed a violation of the rules of the border service. First of all, his behavior is considered as a disciplinary offense. Subsequently, the qualification changes to an encroachment on the order of military service.

It does not take into account the time spent under recognizance not to leave.

Important point

During the period of stay in the isolation ward, all days are included during which the citizen was under investigation until the date the sentence entered into force. It should be noted that the deadline will continue after the meeting. It will end when the period stipulated for appeal of the sentence expires.

Examples

Suppose a citizen was sentenced to one year and 3 months. stay in the colony total. regime, served 8 months, is now in jail. In this case, the status of the subject should be differentiated. Article 72 applies to cases that take place before the entry into force of the sentence. In this example, the person has already been convicted, therefore, another rule is subject to application. It is art. 76 PEC. It provides for the maintenance of citizens in the CCI (transit points). Thus, in the source data, an indication of a citizen's stay in a pre-trial detention center can be called somewhat incorrect. Placement in transit points is carried out according to the same rules as sending to a place of direct serving the punishment imputed by the court to a person.

Consider another example. Concerning the subject, an investigation is underway, he is in jail. In this case, the calculation of the term is made day by day. Another algorithm is possible only with the imposition of restrictions on freedom or the application of other measures not related to imprisonment.

Deadline for stay in jail

If a bill of art. 72, then rulemakers will have to establish periods of stay of citizens in isolators. Otherwise, there will be a temptation to “stretch” the preliminary investigation for the subsequent reduction of the term for serving the sentence directly. The minimum time spent in jail is not defined. The term of the person’s placement in the isolation ward is directly dependent on the interests of the investigation. Accordingly, experts believe that a corruption loophole may form in this issue. If a citizen has nothing to hide, and the investigators have no grounds for detention, release can be made in a short time. As for the maximum period of stay in a pre-trial detention center, it depends on the type of crime committed, the specifics of the investigation and a number of other factors.

If we talk about the features of the maximum period, the following should be noted. The standard term should not exceed two months. Such a requirement is established by Article 109 of the Code of Criminal Procedure (in paragraph 1). If the investigators do not have time to find out all the circumstances of the incident for these 2 months, then an extension of the period to six months is allowed (paragraph 2 of this norm). In this case, it is necessary to take into account the likelihood that a citizen, after exiting a pre-trial detention center, can hide the traces of an act or commit another crime. If the investigation is complicated by certain circumstances, the head of the department or the investigator himself draws up a petition to extend the term of the person in the pre-trial detention center to one and a half years. All this time will be counted in the period of serving the sentence in accordance with the established rules.