In the event that a person has committed more than one crime, they speak of a plurality of acts. It indicates an increased danger of the attacker to society. In such cases, the law provides for stricter measures of influence. In particular, the Criminal Code allows the imposition of sentences on the basis of sentences . Consider the features of this measure.
General information
The sentence imposed on the aggregate of sentences takes place if the subject committed an infringement after the sentencing of the previous act and until the completion of the sentence. The procedure for imposing sanctions in this case is regulated by the 70th norm of the Criminal Code.
It should be noted that the principle of absorption for the aggregate of sentences is not applicable.
The essence of the norm
As established in the new edition of Art. 70 of the Criminal Code , if there are grounds for a sanction imposed in accordance with the last sentence, a part of the sentence, not served by a previous court order, shall be added.
It must be said that the final punishment is assigned only by addition (partial or full).
Specificity
In the analysis of Art. 70 of the Criminal Code of the Russian Federation with the comments of lawyers, one cannot but pay attention to the fact that experts especially note the justification for applying stricter measures to a person. As mentioned above, with a plurality of acts, a citizen is recognized as more dangerous for society, and the sanction imputed to him earlier is considered ineffective. Otherwise, he would not have committed a new assault without having served his sentence for the previous act.
Judicial practice under Art. 70 of the Criminal Code
When imposing sanctions, the court must, first of all, determine the punishment for the assault that he committed after the initial conviction. This sanction is then joined in part or in full by the previously imposed punishment. In practice, quite often there are difficulties in determining the unserved part. Explanations on this issue were given by the Plenum of the Armed Forces in the Resolution of 1999.
The court indicated that the term remaining after a citizen was placed in custody for a new act should be considered as an unserved part within the framework of a person’s deprivation of liberty. If this measure was not chosen in relation to a person, then the corresponding period includes the time period remaining at the time of sentencing for a new act.
For example, if a citizen was convicted of theft with qualifying features under Part 2 of Article 158 of the Criminal Code for 5 years in prison, and after serving 1 year, he committed murder without aggravating circumstances, 4 years are considered to be an unserved part. For the second act, the citizen was charged with 10 years. At the same time, the court took into account the rule on the mandatory strengthening of sanctions in case of dangerous relapse. Accordingly, in the aggregate of sentences, the subject was sentenced to 14 years in prison.
Nuances
As explained by the Plenum of the Armed Forces, when applying Art. 70 of the Criminal Code , the period of cumulative punishment should be calculated from the date of issuance in relation to the subject of the last decision. In its duration, the time spent by the person in custody until the trial of the last crime is taken into account.
The size
Final sanction imputed under the rules of Art. 70 of the Criminal Code, there should be more of the punishment imposed on the subject for a new assault, and the unserved part of the original. However, if it is less strict than imprisonment, it should not be more than the maximum size / term established for this act by the General Part of the Code.
For example, when adding up the terms of correctional labor or staying in the disciplinary unit (for military personnel), the total period cannot be more than 2 years, and the ban on carrying out activities or filling the positions established by the court - 5 years.
The final sanction in the form of imprisonment in the aggregate of sentences shall not exceed 30 years.
Additional punishments
Their purpose in applying the provisions of Article 70 of the Criminal Code is carried out in the same manner as the imposition of basic sanctions. Partial or full accession of part and additional punishments is allowed.
In practice, there are quite specific situations. In particular, the court may add to the main sanction for the last sentence all the time of the additional punishment, and not its unserved part. This provision is valid in cases where the period of additional sanction begins to flow after the end of the main one.
For example, for the first act, the subject received 2 years in prison with a ban on medical activities for 3 years. A year after the start of serving the main sanction, he committed a new assault. When passing a sentence on a second crime, the court imposes a sentence on the aggregate of sentences and may add to the basic sanction all 3 years of the ban established for a person.
Limits of Additional Sanctions
When imposing punishments according to the rules of the 70th norm of the Criminal Code, the total duration of the additional species, if partially or fully added, must not exceed the maximum sizes / terms fixed in the General Part of the Code.
The ban on doing business can be imputed for no more than 3 years, the fine should not be more than 1 million rubles. or the amount of the guilty person’s income for 5 years.
Exceptional Cases
As mentioned above, the imposition of sanctions on the totality of sentences is carried out only by adding the terms. However, in practice, situations arise when the application of the absorption principle is a necessary measure.
Such a situation occurs if, according to one of the sentences, the subject is charged with life imprisonment or by the latest decision, the maximum term set in the Special Part is assigned.
For example, for the second act, correctional labor was assigned for 2 years. At the same time, for the first crime, the citizen left an unserved part of the same work - 6 months. Accession in this case is impossible due to the fact that the maximum duration of this sanction cannot be more than 2 years. Accordingly, the final punishment will be correctional labor for 2 years.
Applying different rules
Often, when imposing sanctions, the court is forced to apply the procedure for imposing punishments on the subjects involved in the acts, on the totality of crimes and at the same time sentences. This situation occurs, for example, when a subject, in the process of serving a sentence, makes several assaults, or when a second sentence is imposed, it turns out that he was involved in another act committed before the adoption of the first sentence.
The Plenum of the Armed Forces in relation to such cases clarified the following. If it turns out that the citizen is guilty of other crimes, some of which were committed before, and part - after the decision of the first decision, the sanction for the second sentence is imputed first for the totality of acts that took place before the first decision. After that, in the order established by part 5. 69 of the Criminal Code, the sentence is assigned to the aggregate of crimes committed by a citizen after the adoption of the first sentence. Final sanction is already determined by the totality of sentences.
Additionally
Rule 70 of the article also applies in cases where the person previously convicted did not serve the sentence partially or fully. In such situations, the unserved part of the sanction on the last sentence shall be recognized:
- In conditional conviction, the entire period of punishment, with the exception of the time spent in custody before the trial in court.
- In case of parole, the part of the term from which the offender was released ahead of schedule.
- In the case of postponement of serving by women with minors or pregnant - the entire period of punishment, if the postponement is applied during the sentencing, or part of the term, the serving of which was deferred.
Separately, it should be said about the application of a set of sentences to persons for whom the unserved part of the sanction has been replaced by a milder punishment on the basis of amnesty or pardon. If a citizen commits a new assault, the final punishment includes a partially or completely replaced part of a milder sanction that the offender has not served.