ST 314.1 of the Criminal Code of the Russian Federation.
1. Failure to arrive, without good reason, of a person subject to administrative supervision upon release from places of deprivation of liberty, to his chosen place of residence or stay within the period determined by the administration of the correctional institution, as well as unauthorized abandonment by the supervised person of his place of residence, stay or actual location, committed for the purpose of evading administrative supervision, -
shall be punished by compulsory labor for a term of one hundred eighty to two hundred and forty hours, or correctional labor for a term of up to two years, or imprisonment for a term of up to one year.
2. 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, or an administrative offense provided for in Part 7 of Article 11.5, or Article 11.9, or Article 12.8 , or Article 12.26 of the Code of the Russian Federation on Administrative Offences, -
shall be punishable by a fine in the amount of up to sixty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of one hundred to one hundred and eighty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to one year, or arrest for a term of up to six months, or imprisonment for a term of up to one year.
Note : 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 is recognized as 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. provided that this person has previously been brought to administrative responsibility for a similar act twice within one year.
Commentary to Art. 314.1 of the Criminal Code
1. The objective side of the crime provided for in Part 1 is expressed in the form of inaction or action for: a) the failure to arrive without good reason of a person in respect of whom administrative supervision has been established upon release from places of imprisonment, to his chosen place of residence or stay at a place determined by the administration correctional institution term (this inaction consists of a violation of the obligation established in clause 1, part 1, article 11 of the Federal Law of April 6, 2011 N 64-FZ “On administrative supervision of persons released from places of imprisonment”); b) unauthorized abandonment by the specified person of the place of residence or stay (this action consists of a violation of the obligation established in clause 5, part 1, article 11 of the said Law). The objective side of the crime provided for in Part 2 is characterized by action and (or) inaction due to repeated failure by the specified person to comply with administrative restrictions or restrictions imposed on him by the court, in accordance with Part 1 of Art. 4 of this Law, associated with the commission by this person of an administrative offense against the order of management (provided for in Chapter 19 of the Code of Administrative Offenses of the Russian Federation, except for the offense enshrined in Article 19.24 of the Code of Administrative Offenses of the Russian Federation), or an administrative offense encroaching on public order and public safety (provided for in Chapter 20 of the Code of Administrative Offenses of the Russian Federation) RF), or an offense encroaching on the health, sanitary and epidemiological well-being of the population and public morality (enshrined in Chapter 6 of the Code of Administrative Offenses of the Russian Federation). In accordance with the note to the article, repeated failure by a supervised person to comply with the specified administrative restrictions or restrictions is recognized if this person has previously been brought to administrative responsibility for a similar act (under Article 19.24 of the Code of Administrative Offenses of the Russian Federation) twice within one year.
2. The crime is considered completed from the moment the specified action (inaction) is committed.
3. Valid reasons for the non-arrival of a person subject to administrative supervision upon release from prison within a certain period of time to his chosen place of residence or stay may be specific circumstances that prevented the performance of the duties specified in the order (for example, a natural or man-made emergency nature, temporary lack of transport links, serious illness of this person) (clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 24, 2016 N 21 “On judicial practice in cases of crimes provided for in Article 314.1 of the Criminal Code of the Russian Federation”).
4. The subjective side is characterized by direct intent, and according to Part 1 - by the special purpose of evading administrative supervision.
5. Special subject: according to Part 1 - a person in respect of whom administrative supervision has been established, according to Part 2 - a person in respect of whom administrative supervision has been established and is being carried out, who was previously brought to administrative responsibility for an offense under Art. 19.24 Code of Administrative Offenses of the Russian Federation, twice within one year.
Judicial practice under Article 314 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 6, 2019 N 5-APU19-77
The act incriminated by Matsuto on the territory of the Republic of Belarus, according to Russian criminal law, is also criminally punishable and corresponds to Part 1 of Art. 314 of the Criminal Code of the Russian Federation, the sanction of which provides for punishment in the form of imprisonment for a term of up to 1 year. Contrary to the arguments of the complaint of violations of paragraph 2 of Art. 56 of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters of January 22, 1993 is not available, since this norm refers to the upper limit of punishment in the form of imprisonment, which should not be less than 1 year. In Part 1 of Art. 314 of the Criminal Code of the Russian Federation, the upper limit of punishment in the form of imprisonment is 1 year inclusive.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated April 11, 2017 N 5-APU17-19
Responsibility for these actions is also provided for by Russian criminal legislation and corresponds to Part 2 of Art. 314 of the Criminal Code of the Russian Federation (evasion from serving a sentence), part 2 of Art. 213 of the Criminal Code of the Russian Federation (hooliganism committed with the use of objects used as weapons by a group of persons by prior conspiracy), paragraphs “d”, “z”, part 2 of Art. 112 of the Criminal Code of the Russian Federation (intentional infliction of moderate harm to health, from hooligan motives, with the use of objects used as weapons), the sanctions of which provide for punishment in the form of imprisonment for a term of over one year.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated December 14, 2017 N 201-APU17-50
With such data, and also taking into account that by virtue of Part 1 of Art. 314 of the Criminal Code of the Russian Federation, a special procedure for making a judicial decision can be applied in criminal cases of crimes for which the punishment provided for by the Criminal Code of the Russian Federation does not exceed 10 years of imprisonment, reference in the complaint to the deprivation of Toktomuratov Zh.A. the right to petition for consideration of the case in a special manner is pointless.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 28, 2019 N 53-APU19-16
mitigate the punishment imposed on V.I. Podnebesov. according to paragraph “c” of Part 4 of Art. 162 of the Criminal Code of the Russian Federation, up to 9 years 11 months of imprisonment, with restriction of freedom for a period of 1 year, and for the totality of crimes provided for in paragraph “c” of Part 4 of Art. 162, part 3 art. and point “z”, part 2, art. 105 and part 2 of Art. 314- of the Criminal Code of the Russian Federation, to finally assign 12 years 11 months of imprisonment in a strict regime correctional colony, with restriction of freedom for a period of 1 year 6 months, with the establishment of restrictions and the imposition of obligations specified in the sentence, which must apply within the boundaries of that municipality where the convicted person will live after serving his sentence;
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 24, 2021 N 47-UD21-6-A4
Fazleev Marat Marselevich, ... previously convicted: 1) June 23, 2016 under Part 2 of Art. 162 of the Criminal Code of the Russian Federation to 10 months of imprisonment with serving the sentence in a general regime correctional colony, with restriction of freedom for 1 year, released on April 21, 2022 upon completion of the sentence; 2) December 20, 2022 under Part 1 of Art. 314 of the Criminal Code of the Russian Federation, on the basis of Art. of the Criminal Code of the Russian Federation for the totality of sentences by fully adding to the assigned punishment the unserved part of the additional punishment under the sentence of June 23, 2016 in the form of restriction of freedom for a period of 4 months - to 2 months of imprisonment served in a high-security correctional colony, with restriction of freedom for 4 months, released on February 19, 2022 after serving his sentence,
Second commentary to Art. 314.1 of the Criminal Code of the Russian Federation
1. The objective side of the crime provided for in Part 1 of the commented article is expressed in non-compliance with the following requirements of administrative supervision:
a) failure to arrive without good reason upon the release of a person from places of imprisonment to his chosen place of residence or stay within the period determined by the administration of the correctional institution. Good reasons are an evaluative concept; they are determined based on the specific circumstances of violation of the specified deadlines;
b) unauthorized abandonment by this person of his place of residence or stay or actual location.
2. The subjective side is characterized by direct intent, and in relation to unauthorized leaving of place of residence, stay or actual location by a special purpose - evasion of administrative supervision.
3. The subject of the crime is special: a person in respect of whom administrative supervision has been established.
4. The objective side of the crime provided for in Part 2 of the commented article is expressed in repeated non-compliance with administrative restrictions or restrictions, associated with the commission of an administrative offense, the types of which are specified in the law.
5. The content of subjective features is similar to the content of the features specified in Part 1 of Art. 214.1 of the Criminal Code (there is no special purpose in this case).
Third commentary to Article 314.1 of the Criminal Code of the Russian Federation
1. On July 1, 2011, Federal Law No. 64-FZ “On administrative supervision of persons released from prison” came into force. The law introduced severe restrictions on certain categories of persons released from prison. Administrative supervision is established to prevent the commission of crimes and other offenses by persons specified in Article 3 of this Federal Law, and to provide individual preventive influence on them in order to protect state and public interests.
The following types of prohibitions may be applied to persons subject to administrative supervision: on staying in certain places, on visiting places of mass and other events and participating in these events, on the stay of a supervised person outside a residential or other premises that is a place of residence or stay of a supervised person, at a certain time of day, to travel outside the territory established by the court. It is also mandatory to appear one to four times a month at the internal affairs agency at the place of residence or stay for registration. Supervision is carried out by the internal affairs body at the place of residence of the supervised person and is established for a period of one to three years. Supervision may be terminated early. If the supervised person has firmly taken the path of correction, as well as in cases of expungement or removal of the supervised criminal record. Thus, the object of encroachment is the social relations that develop regarding the administrative supervision of persons released from prison.
2. The objective side consists of evading the implementation of prohibitions and rules established within the framework of administrative supervision. Evasion can be committed both through action (unauthorized abandonment of one’s place of residence or place of stay) and inaction (failure to arrive without good reason at one’s chosen place of residence or stay within a period determined by the administration of a correctional institution).
The corpus delicti is formal; it is considered completed when the prohibited actions specified in the law are committed.
The subjective side is characterized by guilt in the form of direct intent and is supplemented by such a mandatory feature as the goal of evading administrative supervision. The subject of the crime is special. These include: a person released or released from prison and who has an outstanding or unexpunged conviction for committing: a serious or especially serious crime; crimes with repeat crimes; an intentional crime against a minor (but only if the following conditions are met: 1) the person, while serving a sentence in places of deprivation of liberty, was recognized as a malicious violator of the established procedure for serving the sentence; 2) a person who has served a criminal sentence in the form of imprisonment and has an outstanding or unexpunged conviction commits, within one year, two or more administrative violations against the order of administration and (or) administrative offenses encroaching on public order and public safety and (or) public health and public morality); a person who is released or released from prison and has an outstanding or unexpunged conviction for committing a crime against the sexual integrity and sexual freedom of a minor, as well as for committing a crime with a dangerous or especially dangerous recidivism (regardless of the presence of any conditions). ‹ Article 314. Evasion of serving a restriction of freedom, imprisonment, as well as the application of compulsory medical measures Up Article 315. Failure to comply with a court sentence, court decision or other judicial act ›
Qualifications and responsibility
The construction of the article under consideration is noteworthy in that it includes three qualifying criteria with different subjects and an objective side (parts one - three), providing for the onset of severe liability:
- Part one for a convicted person committing evasion from serving a sentence.
- Part two for the actions (essentially, inaction) of prisoners and convicts with a suspended sentence who do not want to serve their sentence.
- Part three for actions committed by a sane subject, susceptible to pedophilia and avoiding the use of compulsory medical measures against him.
The alternatives are forced labor and real imprisonment. Punishments range from several months of forced labor to imprisonment for a term of two years.
The note, which contains two parts, provides for the conditions under which the legal norms in question apply. Imposing restrictions on a person's freedom only as an additional measure and bringing a pedophile to justice only after he has served his sentence for committing a crime against sexual freedom against a child.
It is important to know: Qualification is possible only if there is intent aimed at maliciously evading the subject from the execution of a court sentence. This means that the latter must have a real opportunity to fulfill the requirements of the court verdict, otherwise his failure to appear at the correctional institution will not contain signs of a crime.
