Art. 299 Code of Criminal Procedure of the Russian Federation with comments

New edition of Art. 299 Code of Criminal Procedure of the Russian Federation

1. When rendering a verdict, the court in the deliberation room resolves the following issues:

1) whether it has been proven that the act of which the defendant is accused took place;

2) whether it has been proven that the defendant committed the act;

3) whether this act is a crime and what paragraph, part, article of the Criminal Code of the Russian Federation provides for it;

4) whether the defendant is guilty of committing this crime;

5) whether the defendant is subject to punishment for the crime he committed;

6) whether there are circumstances mitigating or aggravating the punishment;

6.1) whether there are grounds for changing the category of the crime of which the defendant is accused of committing to a less serious one in accordance with part six of Article 15 of the Criminal Code of the Russian Federation;

7) what punishment should be imposed on the defendant;

7.1) whether there are grounds for replacing the punishment of imprisonment with forced labor in the manner established by Article 53.1 of the Criminal Code of the Russian Federation;

7.2) whether the defendant needs to undergo treatment for drug addiction and medical and (or) social rehabilitation in the manner established by Article 72.1 of the Criminal Code of the Russian Federation;

whether there are grounds for passing a sentence without imposing a sentence, releasing from punishment or applying a deferment of serving the sentence;

9) what type of correctional institution and regime should be determined for the defendant when assigning him a sentence of imprisonment;

10) whether the civil claim is subject to satisfaction, in whose favor and in what amount;

10.1) whether it has been proven that the property subject to confiscation was obtained as a result of the commission of a crime or is the proceeds of this property or was used or intended to be used as a weapon, equipment or other means of committing a crime or for financing terrorism, extremist activities (extremism) organized groups, illegal armed formations, criminal communities (criminal organizations);

11) what to do with property that has been seized to ensure the execution of a penalty in the form of a fine, to secure a civil claim or possible confiscation;

12) what to do with material evidence;

13) who should bear the procedural costs and in what amount;

14) whether the court, in cases provided for in Article 48 of the Criminal Code of the Russian Federation, should deprive the defendant of a special, military or honorary title, class rank, as well as state awards;

15) whether compulsory measures of educational influence can be applied in cases provided for in Articles 90 and 91 of the Criminal Code of the Russian Federation;

16) whether compulsory measures of a medical nature can be applied in cases provided for in Article 99 of the Criminal Code of the Russian Federation;

17) whether the preventive measure against the defendant should be canceled or changed.

2. If the defendant is accused of committing several crimes, then the court resolves the issues specified in paragraphs 1 - 7 of part one of this article for each crime separately.

3. If several defendants are accused of committing a crime, then the court resolves the issues specified in paragraphs 1 - 7 of part one of this article in relation to each defendant separately, determining the role and degree of his participation in the committed act.

Distinctive features of the document

The Constitution enshrines the provision that no one can be considered guilty until this is proven in the manner established by federal law and confirmed by a court decision that has entered into force. This constitutional norm allows us to define the verdict as the main act of justice. In this regard, the courts are obliged to strictly comply with the requirements for the verdict.

The decision is made on behalf of the Russian Federation.

The meaning of the sentence

A court order issued in criminal proceedings serves several purposes. It has great legal, social and educational significance.

Even if the sentence does not establish a punishment for the subject, this act consolidates the state censure (conviction) of the criminal. If the citizen’s guilt is proven and he is sentenced, then the state and society assess the severity of the crime, the level and nature of the responsibility of this subject. That is why in criminal court proceedings the verdict is considered the only procedural document of an authoritative and administrative nature, approved on behalf of the Russian Federation.

Key principles

Sentencing is a procedure carried out strictly in accordance with the law. The courts must be guided by the following principles:

1. Legality. This means that the court makes a decision in compliance with the provisions of the Code of Criminal Procedure, based on the correct application of criminal and other norms, including civil, family, labor and other legislation.

2. Validity. This principle presupposes that the conclusions contained in the verdict are consistent with the circumstances considered during the proceedings. The court's opinion must be based on verified, examined and evaluated admissible evidence, the reliability and objectivity of which should not raise doubts.

3. Fairness. This principle relates mainly to the characteristics of decisions about the type and amount of punishment. From the contents of Art. 60 of the Criminal Code it follows that the court, when determining the sanction, must take into account the level and nature of the danger of the attack, the individual characteristics of the perpetrator, facts aggravating and mitigating responsibility, and, of course, the impact of the punishment on the living conditions of the convicted person’s relatives and his correction. In accordance with Art. 398.18 of the Code of Criminal Procedure, a sentence that contains a sanction that does not correspond to the gravity of the act, the degree of danger of the perpetrator, or the punishment, although not beyond the scope of the relevant norm of the Criminal Code, will be recognized as unfair, but in terms of the size and type of guilt, this is unfair both due to excessive leniency, and excessive severity.

Secrecy of the meeting of judges

The verdict is made in the deliberation room. Only judges included in the court hearing the case have the right to be present. The security of the room is entrusted to the bailiff. He is obliged to prevent and suppress unauthorized entry of strangers into the premises.

All judges must maintain the secrecy of deliberations. In case of violation of confidentiality of information, the sentence is subject to cancellation (Article 398.17, paragraph 8, part 2).

At the end of the working day or during it, judges may interrupt their work and leave the deliberation room. Of course, they are prohibited from divulging opinions expressed during the discussion or otherwise disclosing confidential information.

In the deliberation room, judges must answer a number of questions, the list of which is enshrined in Art. 299 Code of Criminal Procedure of the Russian Federation. Let's take a closer look at them.

Issues resolved by the court when rendering a sentence

Article 299 contains a fairly extensive list. In the deliberation room, judges need to find out:

Was it proven that the assault in which the subject was accused of involvement took place?
Has it been proven that the defendant committed this act?
Is the act recognized as a crime, what article of the Criminal Code, its part, paragraph provides for it.
Has the defendant been proven guilty?
Is the citizen subject to punishment for what he has done?
Are there facts that increase/mitigate liability?
Are there any grounds for transferring a crime from an established category to a less serious one, in accordance with Part 6 of Article 15 of the Criminal Code.
What sanction should be imposed on the subject?
Are there any grounds for replacing imprisonment with forced labor in accordance with Art. 53.1 CC.
Does the subject need treatment for drug addiction or social/medical rehabilitation in the manner prescribed by Article 72.1 of the Criminal Code.
Does the court have grounds to impose a sentence without imposing a sanction or with exemption from it?
What type of institution and regime should be determined for a defendant sentenced to imprisonment.
Is a civil claim subject to satisfaction, to what extent, in whose favor?
Has it been proven that the items subject to confiscation were obtained through illegal means or were recognized as criminal proceeds, were intended for use or were used as an instrument for committing an assault or financing terrorism, an illegal formation, or an organized group.
What should be done with property seized to secure a civil claim or confiscation.
What is the fate of the material evidence?
How much and to whom are procedural costs charged?
Should the court, in cases stipulated by Article 48 of the Criminal Code, deprive the defendant of a military, special, honorary title, state awards, or class rank?
Can educational measures of a compulsory nature be applied to a person in cases specified in Articles 91 and 90 of the Criminal Code.
Can medical measures be applied in cases established by Art. 99 of the Criminal Code.
Is it necessary to cancel or change the preventive measure chosen by the defendant?

If the subject is accused of several acts, the court must resolve the issues specified in paragraphs 1-7 of Part 1 of Art. 299 of the Code of Criminal Procedure of the Russian Federation, separately for each of them. If there are several defendants, it is necessary to determine the degree of participation and the role of each of them. Accordingly, the issues enshrined in paragraphs 1-7 of Part 1 of Art. 299 of the Code of Criminal Procedure of the Russian Federation in relation to each person.

What is the article of the Code of Criminal Procedure about?

A sentence announced by a judge is considered fair if it is made in accordance with the requirements of the procedure established by the legislator and is based on the correct application of criminal laws. All the judge’s conclusions described in the document must be based on evidence examined during the trial and are fully consistent with the factual circumstances.

A fair sentence is one in which the guilt and innocence of a person is correctly established, and a punishment is chosen that corresponds to the personality of the perpetrator and the nature of the crime he committed.

The current Code of Criminal Procedure of the Russian Federation not only clearly regulates the work of the court, but also sets out the issues to be resolved by the court when rendering a sentence. All issues resolved by the court in the deliberation room can be classified based on their impact on the rule of law.

The main questions of a criminal case are those on the answers to which the final decision will depend.

That is, these are questions such as:

the presence of the criminal act of which the defendant is accused;
proof of guilt;
qualification of the offense;
possible measure of liability;
conditions for serving the sentence, etc.

Not only the legality of the sentence, but also the future fate of the person directly depends on the correct resolution of these issues. A detailed list of issues is regulated by Article 299 of the Code of Criminal Procedure of the Russian Federation.

Basic provisions

The judge's verdict contains a number of basic questions that indicate a person's guilt, and questions that are of an auxiliary nature. They do not concern the essence of the verdict, but only summarize other legal relations associated with violation of the law - seizure of property, material evidence, preventive measures, etc.

According to Article 299 of the Code of Criminal Procedure, the judge must pronounce a sentence that will contain answers to the following questions:

Has there been a criminal act for which a specific person is accused?
Has it been proven that the defendant committed the criminal act?
Is the act committed a crime, and what provisions of the law provide for punishment?
Is the subject guilty of this crime?
Is the subject of the proceedings subject to punishment for the crime he committed?
Are there circumstances that may mitigate or aggravate his responsibility?
What punishment can be imposed on the accused?
Are there grounds for imposing a sentence without punishment or exoneration?
What correctional facility and regime should the defendant be assigned?
Can a civil claim be satisfied in whose favor?
What to do with seized property?
What to do with material evidence?
How much and to whom should procedural costs be borne?
Is it necessary to deprive the defendant of a special, honorary title, rank, position, as well as state awards for the crime committed?
Can coercive measures be used against a minor defendant?
Can medical measures be applied to a defendant as a measure of coercion and punishment?
Should the preventive measure against the defendant be cancelled, changed or imposed?

If a person has committed several crimes, then for each crime in the verdict the court must answer the listed questions. When several people have committed a crime, the court must answer these questions for each of them.

In cases where it is necessary to apply medical measures, the court is obliged to discuss the issue of the subject’s sanity. If it is recognized that at the time of the commission of the crime the attacker was in an insane state or after the commission he developed a mental disorder, the court issues a ruling in the manner prescribed by Chapter 52 of the Code of Criminal Procedure of the Russian Federation.

The situation with sentencing by a panel of judges is interesting. In this case, each of the judges must express their opinion. When deciding the issue, none of the judges has the right to abstain. The presiding judge votes last. If one of the judges voted for acquittal and remained in the minority, he does not vote for the choice of punishment. In case of divergence of opinions, the vote joins the general mass and serves as a reason for choosing the least severe sanction.

Peculiarities of the procedure for deciding and pronouncing a verdict under the Code of Criminal Procedure of the Russian Federation, Article 310

The choice of the most severe punishment in the form of life imprisonment or the death penalty is allowed only with a unanimous decision. If one of the judges remains unconvinced and does not agree with the opinion of his colleagues, he has the right to issue his own ruling, which will be attached to the verdict, but will not be read out in the courtroom.

Court verdict in a criminal case

In order to understand whether the verdict was lawfully passed, and whether anything was missed during the trial, you need to know what the legal document should look like.

Awareness of this issue will allow you to monitor the work of the investigation and the court, as well as competently petition the court of appeal if violations were found.

A correctly drafted sentence should look like this:

The name of the document, after which the line “In the name of the Russian Federation” must be indicated.
City, place and date of sentencing.
Description of the participants in the process (defender, judge, secretary, defendant) and their personal data.
The number of the criminal case that was considered.
A preventive measure previously chosen for the defendant.
Date of delivery of a copy of the indictment.
The main text of the document begins with the word “Identified,” and then describes the events of the crime and the results of the investigation. The contents must indicate all evidence and testimony of witnesses, motions of the parties and the results of their consideration by the court.
The immediate verdict of the court begins with the word “Sentenced” and indicates the court’s decision on the guilt or innocence of the person. The following is a clear list of answers to the main and supporting questions. They are not numbered, but separated by paragraphs.
The right of citizens to appeal the verdict within 10 days and to file a cassation appeal in the general manner is described.
At the end of the document, write the name of the judge who drew up the verdict, or the names of the panel of judges who participated in the trial and drawing up the verdict.

The verdict is drawn up on a standard form in one copy with the official seal and signature of the judge. All other copies must also be certified by signature and seal.

Nuances

Considering Art. 299 of the Code of Criminal Procedure of the Russian Federation with comments from lawyers, one cannot help but pay attention to the fact that experts especially note the importance of a comprehensive study of evidence. The court must study all the materials presented and give them a legal assessment. We are talking, in particular, not only about evidence confirming conclusions on issues resolved by the court of the Russian Federation under Article 299, but also refuting them. The verdict, according to the norms of procedural legislation, must indicate the reasons why some facts were accepted and others were rejected.

Second commentary to Art. 299 of the Criminal Code of the Russian Federation

1. The objective side is expressed in the fact that an official, abusing his official powers, brings to criminal liability for a crime that the person did not commit (for example, for an act that does not contain elements of a crime, with obvious non-involvement in this crime, etc. ). The crime provided for in Art. 299 of the Criminal Code, occurs not only if the person has not committed a crime at all, but also when he has committed a crime other than the one for which he is being prosecuted.

2. The crime should be considered completed from the moment the official makes a decision to bring him or her as an accused.

3. The subjective side is characterized by direct intent.

4. The subject of the crime is an official who, by law, is given the right to involve as an accused (Article 171 of the Code of Criminal Procedure of the Russian Federation) or to draw up an indictment (Article 225 of the Code of Criminal Procedure of the Russian Federation): interrogators, investigators.

5. The law provides for a qualified type of crime (Part 2 of the commented article): bringing a knowingly innocent person to criminal liability if it is combined with accusing a person of committing a serious or especially serious crime (Article 15 of the Criminal Code), or entails causing major damage (see. note to Article 299 of the Criminal Code) or other grave consequences. Other grave consequences are an evaluative concept and are determined based on the totality of the crime committed.

6. Illegal initiation of a criminal case committed for the purpose of obstructing business activity (see commentary to Article 169 of the Criminal Code) or out of selfish or other personal interest (see commentary to Article 285 of the Criminal Code) is covered by Part 3 of Art. 299 CC.

Admission of insanity

According to Part 1 of Art. 299 of the Code of Criminal Procedure of the Russian Federation, the court must determine whether the defendant needs to apply medical measures to him. This question arises if at the investigation stage or already during the proceedings there is a need to determine the sanity of a person.

If the court recognizes that when committing a crime the citizen was in a state of insanity, or after the act he developed a mental disorder, as a result of which he lost the ability to recognize the danger and the nature of his own actions/inaction, or to control his behavior, the court answers this question in the affirmative. In accordance with Art. 51 and Article 299 of the Criminal Procedure Code, a decision is made to apply compulsory medical measures.

What does judicial practice show under this article?

Each sentence, like each case of violation of the law, has its own characteristics and will differ in a specific situation. A verdict is passed after the case materials have been fully studied and examined.

The procedure for applying for execution of a sentence under the Code of Criminal Procedure of the Russian Federation, Article 393

You can consider an example of sentencing based on Article 106 of the Criminal Code of the Russian Federation. The woman who killed a newborn child was sentenced to up to 5 years in prison. The defendant’s lawyer did not agree with this decision, since this crime is classified as a “privileged crime”, for which a mitigation of sanctions is provided.

The lawyer, having filed an appeal to a higher court, got the district court's verdict overturned. As a result, the sanction of imprisonment was replaced by restriction of freedom for 4 years.

What decisions can be made under Article 299 of the Code of Criminal Procedure?

A court verdict can be of two types: acquittal or conviction. To make a specific sentence there must be reasoned and compelling reasons.

Thus, an acquittal is rendered if during the proceedings the event of a crime or the involvement of a specific subject in its commission is not established. The reason for acquittal is also the absence of signs of a crime in the act of the accused and the acquittal verdict of the jury. An acquittal entails the cessation of proceedings and the complete rehabilitation of the citizen.

A conviction cannot be based on assumptions and conjectures; there must be irrefutable facts of a person’s guilt in a criminal act. The judge makes a guilty verdict if unambiguous answers to the main four questions were received during the trial.

The court has no right to pass a guilty verdict if the arguments in defense of the accused have not been refuted and doubts about his guilt have not been eliminated. Any doubt must be taken in favor of the accused. Moreover, if doubts cannot be refuted in court, then the court is obliged to issue an acquittal.

A conviction may be imposed with the imposition of punishment, but release from it, or without imposition of punishment. The fairness of the sentence is primarily determined by the chosen punishment. The sanction should not be too lenient or too severe, it should be proportionate to the crime committed.

Procedural points

Regardless of whether the case was considered collectively or individually, the issues enshrined in Art. 299 of the Criminal Procedure Code. At the same time, the legislation imposes a number of requirements on authorized persons.

The issues specified in Article 299, resolved by the court, are discussed by all those present. No one can abstain from voting, except in certain cases.

Thus, a judge who voted for the acquittal of a citizen and remained in the minority may abstain when discussing issues related to the application of criminal law.

If opinions differ regarding the qualification of the act or the punishment, the vote given for acquittal is added to the vote given for the application of the norm establishing a less serious act and for the imposition of a less severe punishment.

Types of sentences

Depending on the answers to the questions provided for in Article 299 of the Code of Criminal Procedure of the Russian Federation, the decision may be guilty or acquittal. The latter is decided if:

The court did not establish the crime.
The defendant's innocence has been proven.
There are no signs of a crime in the person’s act.

An acquittal, regardless of the grounds for its issuance, completely rehabilitates the citizen. On its basis, the rehabilitation procedure provided for in Chapter 18 of the Code of Criminal Procedure of the Russian Federation is carried out.

In Art. 299 contains issues related to the imposition of sanctions. If the defendant is sentenced to a sentence that must be served, then he is found guilty. In such a resolution, a sanction may be imposed on the subject, but without serving. In addition, the guilty verdict may not contain information about the imposition of punishment.

When solving rather complex issues fixed in Art. 299 of the Code of Criminal Procedure of the Russian Federation, it must be taken into account that a sentence with the appointment of an appropriate punishment, but with exemption from the obligation to serve it, is decided if, at the time of pronouncement:

An amnesty act was adopted, according to which the convicted person is relieved of the obligation to serve his sentence.
The period of a citizen’s stay in custody in this case absorbs the term of the sanction imposed on him. In this case, the procedure for offsetting punishments, enshrined in Article 72 of the Criminal Code, applies.

In accordance with Art. 299 of the Code of Criminal Procedure of the Russian Federation, when issuing an indictment with the imposition of a sanction, the court must accurately establish its type, specific amount and the beginning of the serving period.

Comments on Article 299 of the Code of Criminal Procedure

If the personal interests of citizens have been harmed in the process of breaking the law, a person has the right to file a civil claim, which can be considered separately from criminal proceedings or together with it.

Although the applicant is given some advantage in civil actions, the decision on it will be continuously linked to the verdict containing answers to the main questions. Sometimes, issues in a civil lawsuit are not even part of the verdict, but are resolved during execution.

Simultaneously with the main verdict, the court may make the following decisions:

transfer to the care of close relatives, friends, acquaintances or social services minor children, elderly relatives or people under the care of the subject who is sentenced to imprisonment;
if a subject sentenced to imprisonment has property that remains unattended, the judge must take measures to protect it;
If an appointed defense attorney participates in the proceedings, the court has the right to rule on his remuneration for providing legal assistance.

The legislator determines not only the list of issues that should be resolved by a court ruling, but also the grounds for making a particular decision.

All approved questions to be resolved are located in a logical sequence from the answer to the previous question, and have a direct impact on the solution of the subsequent question.

From this we can conclude that for the court to pass a reasonable and fair verdict, not only the correct identification of the events of the incident and the resolution of each issue, but also the correct interpretation of the rules of law, which determine subsequent actions depending on the situation, are of great importance.

Justification for the verdict

The questions specified in Art. 299 of the Code of Criminal Procedure of the Russian Federation, should be permitted only after examination of all materials presented to the court. A verdict cannot be based on unreliable evidence.

When analyzing Art. 299 of the Code of Criminal Procedure of the Russian Federation with comments from higher judicial authorities, it can be noted that the courts especially focus on the need to clarify and eliminate all contradictions. If the defendant admits guilt, but this fact is not confirmed by a set of evidence collected and examined at the hearing, it cannot serve as the basis for the approval of an indictment by the court. Courts are obliged to be guided by the presumption of innocence, which provides that all doubts about a person’s involvement in an act are interpreted in his favor if it is impossible to eliminate them in the manner prescribed by the criminal procedure law. The relevant provisions follow from Article 14 of the Constitution and 49 norms of the Code of Criminal Procedure.

According to the meaning of the law, it is necessary to interpret in favor of the defendant not only irremovable doubts about his involvement in the act in general, but also those related to specific episodes of the accusation, the established form of guilt, the nature of his participation and role in the crime, mitigating and aggravating circumstances.

Commentary to Art. 299 Criminal Code

1. The objective side is expressed in the form of actions to bring a obviously innocent person to criminal liability, i.e. giving a person the status of an accused by issuing a resolution to bring him as an accused or an indictment, regardless of the fact of filing an accusation. These actions are committed against a known innocent person when it is reliably known that there is no crime, the person’s actions do not contain the elements of a crime, or the person is not involved in the commission of a crime, as may be evidenced by the available evidence or the absence of necessary and sufficient evidence in the case. These actions, combined with accusing a person of committing a grave or especially grave crime (Part 2), form a qualified crime.

2. The crime is recognized as completed from the moment the relevant procedural decisions are made, regardless of whether charges were brought against the accused, whether a trial was scheduled, etc.

3. The subjective side is characterized by direct intent, implying awareness of the innocence of the person brought to criminal liability.

4. Special subject: a person who, in accordance with the current criminal procedural legislation, can make an appropriate decision.

5. The issuance of a knowingly unjust (illegal) sentence by a judge is qualified under Art. 305 CC.