Responsibility for evading administrative supervision and non-compliance with restrictions established by the court

Note 1

Violation by a supervised person of the restrictions and duties accompanying administrative supervision gives reason to believe that he still poses a danger to society, since he is not able to obey such social regulators as legal norms and government regulations. Violation of duties and administrative restrictions serves as the basis for the application to the supervised person of liability measures provided for by the norms of various branches of law.

First of all, these are the norms of administrative law that regulate public relations in the field of public administration. Responsibility for violations of the administrative supervision regime is established by the Federal Law itself. We have already completed an abstract

Regulatory legal acts of the Russian Federation in more detail from 04/06/2011 No. 64-FZ “On administrative supervision of persons released from prison”, as well as the Code of the Russian Federation on Administrative Offenses On this topic, we have already completed the
abstract
Administrative responsibility under the Code of Administrative Offenses in more detail.

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Considering the danger posed by some of those who have served criminal sentences, and in an effort to protect society from their repeated attacks, the legislator also introduced criminal liability for violations of administrative supervision. Formally, the object of a criminal attack is the generally binding nature of a court decision, which imposes obligations and restrictions on the supervised person. But we can say that a violation of the administrative supervision regime is “putting in danger” a wide range of protected social relations, the “first sign” of possible crimes.

How to remove supervision after release?

After release, the person may be placed under supervision for a certain period of time. Is it possible to remove it before the expiration of the period for which supervision is established? Can. Law 64 provides for the possibility of terminating administrative supervision early under a combination of certain factors:

• the application is submitted to the court of the Department of Internal Affairs - by the supervised person or his representative;
• before going to court, at least half of the administrative supervision period must have expired;
• During the period that a person is under supervision, he must faithfully comply with the restrictions, fulfill the duties prescribed by law and have a positive character.

The court considers the application for early termination of supervision and if it concludes that there are all grounds to satisfy the application, it issues an appropriate judicial act.

INTERESTING : read how to remove a criminal record from the CI database using the link

Commentary on Article 314.1 of the Criminal Code of the Russian Federation

1. The object of the crime provided for in the commented article is social relations that ensure proper post-penitentiary behavior of persons released from prison and who have an outstanding and unexpunged criminal record.

The institution of administrative supervision as a unique legal means that ensures the prevention of the commission of crimes and other offenses by persons released from prison and who have an outstanding and unexpunged criminal record, as well as the provision of individual preventive influence on these persons, was restored in the Russian legal system by the Federal Law of 04/06/2011 N 64-FZ “On administrative supervision of persons released from prison” <1>. Within the meaning of this Law, the goals of administrative supervision are achieved by imposing a number of administrative restrictions on a person released from prison: 1) prohibition of staying in certain places; 2) prohibition of visiting places of mass and other events and participation in these events; 3) prohibition of being outside one’s home at the place of residence or stay at a certain time; 4) prohibition of leaving the territory established by the court; 5) mandatory attendance from one to four times a month to the internal affairs body at the place of residence or stay for registration.

——————————— <1> NW RF. 2011. N 15. Art. 2037.

Types of administrative restrictions are established by court decision, but their specification can be carried out by the internal affairs body at the place of residence or stay of the supervised person.

2. The elements of the crime provided for in the commented article are formulated as formal, taking into account that the obligatory signs of the objective side of this crime are only a socially dangerous and illegal act, namely failure to arrive without good reason at the convicted person’s chosen place of residence or stay within the period established by the administration of the correctional institution or unauthorized abandonment by this person of his place of residence or stay.

Violation by a person subject to administrative supervision of the restrictions imposed on him in connection with this, provided for in Part 1 of Art. 4 of the Federal Law of 04/06/2011 N 64-FZ, is not the basis for the application of the commented article and, if these actions do not contain elements of another crime, entail the imposition of an administrative penalty under Art. 19.24 Code of Administrative Offences.

3. The presence of a completed crime provided for by the article in question is established already at the moment of expiration of the period during which the person in respect of whom administrative supervision was established should have appeared, but did not appear at his chosen place of residence or stay, or at the moment, when a supervised person has left the territory of the populated area of ​​his place of residence or stay without permission.

The moment of completion of this crime, which is continuous in nature, is recognized as the discovery and (or) detention of a supervised person or his appearance at the place of residence or stay.

4. Valid reasons, in the presence of which the failure of a person released from prison to arrive at his place of residence or stay, as well as his abandonment of his place of residence or stay, do not constitute a crime, may be recognized, in particular, as a serious illness of a person or the need for him to receive medical care. , life-threatening serious illness or death of a close relative or a combination of other difficult family circumstances, interruptions in transport communications, unjustified detention due to suspicion of committing a crime or administrative offense.

Nor can it serve as a basis for bringing a supervised person to criminal liability if he leaves his place of residence or stay with the permission of the internal affairs body in cases provided for in Part 3 of Art. 12 Federal Law dated 04/06/2011 N 64-FZ.

5. The subjective side of the crime is characterized by the presence of direct intent and the purpose of evading administrative supervision for a certain period or for the entire time of application of this measure or until the expiration or removal of a criminal record.

Unauthorized, without permission from the relevant internal affairs body, leaving the place of residence or stay in order to visit relatives, take entrance exams to a university, etc. may only entail administrative, but not criminal liability. At the same time, leaving a supervised person’s place of residence to commit a crime in another locality, although after that he returns to his place of residence, is the basis for criminal liability for the crime provided for in the commented article.

6. The subject of a crime is a sane person who has reached the age of 18, for whom administrative supervision has been established upon release from prison or after release.

According to Art. 3 of Federal Law No. 64-FZ of April 6, 2011, administrative supervision may be established in relation to a person who: 1) is released or released from prison; 2) has an outstanding and unexpunged conviction for committing a grave or especially grave crime, a crime with a repeat crime, an intentional crime against a minor; 3) while serving a sentence in places of deprivation of liberty, was recognized as a malicious violator of the established procedure for serving the sentence or, after release from places of imprisonment, committed two or more administrative offenses against the order of administration and (or) administrative offenses encroaching on public order and public safety within a year and/or public health and public morality. At the same time, in relation to persons who have a criminal record for committing a crime against the sexual integrity and sexual freedom of a minor, as well as for committing a crime during a dangerous or especially dangerous recidivism of crimes, administrative supervision can be established regardless of the presence of the circumstances specified in this paragraph, and, therefore, they may be subject to criminal liability in accordance with the commented article, even if they have not previously committed any offenses.

Assistance from a lawyer on administrative supervision

If you have any questions related to administrative supervision, you can seek help from our criminal lawyers, who

• ► will advise on administrative supervision issues
• ► will explain the provisions of the current legislation regulating the procedure for establishing, extending, and terminating supervision
• ► will prepare procedural documents, such as objections to an application to establish administrative supervision, an application to terminate supervision and others
• ► can represent your interests in court
• ►will provide other legal assistance regarding your problem

Criminal liability for evading administrative supervision

02/03/2017

Federal Law of April 6, 2011 N 64-FZ “On administrative supervision of persons released from places of deprivation of liberty” introduced the institution of administrative supervision - monitoring carried out by internal affairs bodies over the compliance of a person released from places of deprivation of liberty established by the court in accordance with this Federal Law of temporary restrictions on his rights and freedoms, as well as the fulfillment of his duties provided for by this Federal Law.

The federal law aims to prevent supervised persons who have committed:

- grave (punishable by up to 10 years of imprisonment) or especially grave crime (over 10 years of imprisonment);

- crimes in case of relapse (commitment of an intentional crime by a person who has a criminal record for a previously committed intentional crime);

- intentional crimes against minors, new crimes and other offenses, providing individual preventive influence on them in order to protect state and public interests.

In order to implement the provisions established by this law, comply with its requirements and strengthen law and order, the Criminal Code of the Russian Federation was supplemented with Article 314.1, which provides for criminal liability for evasion of administrative supervision or repeated failure to comply with restrictions or restrictions established by the court in accordance with federal law.

The article consists of two parts, each of which provides for criminal liability depending on what action the supervised person committed.

Thus, part one of this article provides for criminal liability for the failure to arrive, without good reason, of a person subject to administrative supervision upon release from prison, to his chosen place of residence or stay within a period determined by the administration of the correctional institution, as well as unauthorized leaving of the place by the supervised person residence or stay committed for the purpose of evading administrative supervision. This inaction consists of a violation of the obligation established in clause 1, part 1, art. 11 of the Federal Law of April 6, 2011 N 64-FZ “On administrative supervision of persons released from prison” and provides for sanctions up to imprisonment for a term of up to one year.

Part 2 of this article provides for repeated failure by a person subject to administrative supervision to comply with administrative restrictions or restrictions imposed on him by a court in accordance with federal law, associated with the commission by this person of an administrative offense against the management procedure (with the exception of the administrative offense provided for in Article 19.24 of the Code of the Russian Federation on Administrative Offenses), or an administrative offense encroaching on public order and public safety, or an administrative offense encroaching on the health, sanitary and epidemiological well-being of the population and public morality. In this case, the maximum amount and type of punishment is also provided for by imprisonment for a term of up to one year.

The legislator defines the term “repeated non-compliance with an administrative restriction or restrictions” - non-compliance by a person subject to administrative supervision with administrative restrictions or restrictions imposed on him by the court, provided that this person has previously been brought to administrative responsibility for a similar act twice within the same period. one year.

General characteristics of violations of the administrative supervision regime

A feature of this type of violation is the absence of requirements for the occurrence of consequences for the application of sanctions in accordance with the law. The formal composition of the violation reflects the conditions imposed on the subject when imposing punishment, and to be more precise, failure to comply with the conditions is already a reason for toughening the punishment. Considering the degree of public danger, we can talk about:

• Administrative offenses – Art. 19.24 Code of Administrative Offenses;
• Crimes - art. 314 of the Criminal Code of the Russian Federation.

Maximum period of administrative supervision

The maximum period of supervision depends on the severity and composition of the crime committed by the person in respect of whom supervision is established.

If the person was:

• a grave or particularly grave crime has been committed;
• there was a relapse of crimes;
• the person has committed two or more crimes under the articles provided for in the law relating to crimes involving narcotic, psychotropic substances,

Administrative supervision can be established from 1 year to 3 years, BUT this period cannot exceed the period for expunging a criminal record, which is established by law.

If the person has committed:

• intentional crime against a minor;
• a crime related to the sexual integrity and sexual freedom of a minor;
• there was a dangerous or especially dangerous relapse;
• a crime was committed under the articles listed in clause 3, part 2 of art. 3 of Law No. 64, related to murder motivated by political, racial hatred, terrorist acts and other similar crimes;
• if the person was under supervision and during this period committed a crime for which he was sentenced to imprisonment and was sent to serve the sentence,

Administrative supervision is established for the period established by law for expunging a criminal record.

If a person over the age of 18 has committed a crime related to the sexual integrity of a minor who has not reached 14 years of age, and who is a pedophile, and his sanity is not excluded, supervision is established for the period for which compulsory measures of a medical nature are assigned to him, BUT In this case, such a period cannot be less than the period for expunging a criminal record, which is established by law.

The maximum period for expunging a criminal record is set at 10 years after the person has served his sentence, respectively, taking into account the above provisions of Law No. 64, the maximum period for which supervision can be established is 10 years, it all depends on the severity of the crime committed.

IMPORTANT : it is worth noting that supervision cannot always be established if a person, for example, has committed a serious crime. For more information on when supervision is required, see the section “How to avoid supervision after release” below.