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 12. Release from Punishment
Article 79. Conditional Early Release from Punishment
1. A person who has served correction works, restriction in military service, restricted liberty, service in a disciplinary military unit, or deprivation of liberty may be released conditionally and ahead of time if the court finds out that for his rehabilitation he does not need to serve the full punishment imposed by the court. In this case the person may be fully or partially released from the remaning term of punishment.
2. In granting conditional early release, the court may place on the convicted person the duties provided for by the fifth part of Article 73 of this Code, which duties shall be executed by him during the remaining term of punishment.
3. Conditional early release may be applied only after the actual serving by the convicted person:
a) of not less than one third of the term of punishment imposed, for a crime of small or average gravity;
b) of not less than a half of the term of punishment imposed, for grave crime;
c) of not less than two thirds of the term of punishment imposed, for an especially grave crime, and also of three-fourths of the term of punishment imposed on a person who was released conditionally and short of term, if the conditional early release was reversed on the grounds, provided for by the seventh part of this Article.
4. The term of deprivation of liberty actually served by the convicted person may not be less than six months.
5. A person who serves deprivation of liberty for life may be released conditionally and short of the term, if the court finds that he does not need to serve this punishment subsequently and if he has actually s served not less than 25 years of his sentence.
6. Control over the behaviour of the person released conditionally and short of term shall be exercised by the specialized state body authorized therefor, while control over the behaviour of servicemen shall be exercised by the commanders of military units and establishments.
7. If during the remaining term of punishment:
a) the convicted person has made a breach of public order, for which an administrative penalty was imposed on him, or has maliciously evaded the execution of the duties placed on him by a court of law in grating the conditional early release, then the court, on the proposal of the bodies referred to in the sixth part of this Article, may decree the reversal of the conditional early release and the reimposition of the remaining term of punishment;
b) the convicted person has committed a crime by negligence, then the question of reversal or the preservation of the conditional early release shall be resolved by a court of law;
c) the convicted person has committed a willful crime, then the court shall impose punishment on him under the rules stipulated by Article 70 of this Code. In case of the commission of a crime by carelessness, the court of law imposes punishment under the same rules if the conditional early release is reversed.
Article 80. The Replacement of the Unserved Term of Punishment with a Milder Penalty
1. With due account for the behaviour of a person who serves deprivation of liberty, the court of law may replace the remaining term of punishment with a milder penalty. In this case, the person may be fully or partially released from serving the additional penalty.
2. The non-served part of the punishment may be replaced with a milder kind of punishment after the person sentenced to the deprivation of freedom has served for committing:
- a crime of minor or medium gravity - no less than one third of the term of punishment;
- a grave crime - no less than a half of the term of punishment;
- an especially grave crime - no less than two thirds of the term of punishment.
3. In case of the replacement of the remaning term of punishment, the court may choose any milder penalty in keeping with the penalties referred to in Article 44 of this Code, within the limits prescribed by this Code for each penalty.
Article 81. Release from Punishment Due to Illness
1. A person with mental derangement, after the commission of a crime, which derangement deprives him of the possibility of realizing the actual nature and social danger of his actions (inaction), or of controlling them, shall be released from punishment; while a person who is serving punishment in such astate shall be released from the further serving of his sentence.
3. Servicemen who are under arrest or who are serving in a disciplinary military unit shall be released from the further serving of punishment due to illness that renders them unfit for military service. The remaining term of punishment may be replaced with a milder penalty.
4. Persons referred to in the first and second parts of this Article may be brought to criminal responsibility and punishment in case of their recovery, unless the periods of limitation have expired, as provided for by Article 78 and 83 of this Code.
Article 82. Suspended Sentence for Pregnant Women and Women with Infants
1. A court of law may defer the serving of punishment by convicted pregnant women and women with children of up to fourteen years of age, except for those sentenced to deprivation of liberty for a period of over five years for grave and especially grave crimes against the person, until the child attains fourteen years of age.
2. If a convicted woman, referred to in the first part of this Article, has abandoned her child or continues to evade its upbringing after a warning made by the body exercising control over the convicted woman, in respect of whom the serving of punishment has been suspended, then the court of law may, upon the proposal of this body, set aside the suspended serving of punishment and send the convicted woman to serve the sentence in the place assigned by the court's judgement.
3. After the child reaches fourteen years of age, the court shall relieve the convict of serving the punishment or of the remaining part of the punishment, or shall replace the remaining part of the punishment with a milder kind of punishment.
4. If the convicted woman commits a new crime during the period of suspension of punishment, then the court of law shall impose punishment on her according to the rules prescribed by Article 70 of this Code.
Article 83. Release from Punishment in Connection with the Expiry of the Limitation Period of the Court's Sentence
1. A person convicted for the commission of a crime shall be released from punishment, unless the court's sentence has been enforced within the following periods since the time of its entry into legal force:
a) two years, in case of conviction for a crime of little gravity;
b) six years, in case of conviction for a crime of average gravity;
c) 10 years, in case of conviction for a grave crime;
d) 15 years, in case of conviction for an especially grave crime.
2. The running of the limitation period shall be suspended if the convicted person evades serving punishment. In this case, the running of the limitation period shall be resumed since the time of detention of the convicted person or the acknowledgement of his guilt. The periods of limitation that have expired by the time of evasion by the convicted persons of the serving of their punishment shall be subject to set-off.
3. The question of the application of the limitation periods to a person sentenced to capital punishment or deprivation of liberty for life shall be settled by a court of law. If the court fails to deem it possible to apply the limitation periods, then these penalties shall be replaced with deprivation of liberty for a definite term.
4. Limitation periods shall not be applicable to persons convicted for the commission of crimes against the peace and the security of mankind, as provided for by Articles 353, 256, 10000357, and 358 of this Code.
Copyright © 2000 Open LLC