ST 60 of the Criminal Code of the Russian Federation.
1. A person found guilty of committing a crime is given a fair punishment within the limits provided for by the relevant article of the Special Part of this Code, and taking into account the provisions of the General Part of this Code. A more severe type of punishment from among those provided for the crime committed is assigned only if a less severe type of punishment cannot ensure the achievement of the goals of the punishment.
2. A more severe punishment than provided for by the relevant articles of the Special Part of this Code for the crime committed may be imposed for the totality of crimes and for the totality of sentences in accordance with Articles 69 and 70 of this Code. The grounds for imposing a less severe punishment than provided for by the relevant article of the Special Part of this Code for a crime committed are determined by Article 64 of this Code.
3. When assigning punishment, the nature and degree of public danger of the crime and the personality of the perpetrator, including circumstances mitigating and aggravating the punishment, as well as the impact of the imposed punishment on the correction of the convicted person and on the living conditions of his family, are taken into account.
Commentary to Art. 60 Criminal Code
1. The general principles of sentencing are the fundamental rules (requirements) formulated in the criminal law that the court must follow when imposing a penalty. It is assigned:
- within the limits provided for by the relevant article of the Special Part of the Criminal Code. The court assigns to the guilty only such punishment as is directly indicated in the sanction of the relevant norm of the Special Part of the Criminal Code. If the sanction is with alternatively specified types of punishment, then the court should choose a specific type and determine its duration (size). When imposing a punishment, one cannot go beyond the lower and upper limits of the punishment, with the exception of special cases provided for in Art. 64, 69 and 70 of the Criminal Code;
- taking into account the provisions of the General Part of the Criminal Code. This requirement to a certain extent specifies the above rule. It is due to the fact that in some cases, in order to correctly assign punishment within the framework of the sanction of the norm of the Special Part of the Criminal Code, it is necessary to refer to the relevant provisions of the General Part of the Criminal Code, which determine the features of each type of punishment, starting from the minimum and maximum term (size) and ending with it content.
If there are alternative types of punishment, the court must first consider the possibility of assigning a more lenient type of punishment from among those provided. A more stringent form is applied only if a less severe form cannot achieve the goals of punishment (clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 No. 58 “On the practice of imposing criminal punishment by the courts of the Russian Federation”). At the same time, the punishment should not be excessively lenient, since then it will give rise to a feeling of permissiveness in the guilty person, and should not be unjustifiably harsh, so as not to embitter the convicted person.
In the event that a convicted person, by virtue of the provisions established by law, cannot be assigned any of the types of punishment provided for in the relevant article of the Special Part of the Criminal Code (for example, compulsory labor - by virtue of Part 4 of Article 49 of the Criminal Code, corrective labor - by virtue of Part 5 Article 50 of the Criminal Code, forced labor and arrest - due to their non-application at present, imprisonment - by virtue of Part 1 of Article 56 of the Criminal Code), he should be given a more lenient punishment than provided for by the sanction of the relevant norm. Link to Art. 64 of the Criminal Code of the Russian Federation is not required in this case;
— taking into account the nature and degree of public danger of the crime (clause 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 N 58 “On the practice of imposing criminal punishment by the courts of the Russian Federation”); the identity of the culprit; circumstances mitigating and aggravating punishment; the impact of the imposed punishment on the correction of the convicted person and on the living conditions of his family (this takes into account the financial situation of the family, whether the defendant is the sole breadwinner, how many family members are dependent on him, as well as the nature of the relationship of the defendant with his family members).
2. The process of imposing punishment involves taking into account all the rules of the general principles of imposing punishment in the aggregate.
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I). Severe punishment
- part 1 60 of the Criminal Code
more severe type - if another type does not achieve the goals of punishment
- Part 2 60 Criminal Code
more severe punishment for a combination of crimes (
69 Criminal Code
)
- Part 2 60 Criminal Code
more severe punishment based on cumulative sentences (
70 Criminal Code
)
II). Mild punishment
- Part 2 60 Criminal Code
a less severe punishment is possible in the manner prescribed by
Article 64 of the Criminal Code
. What is taken into account when assigning punishment
- Part 3 60 Criminal Code
when punishing, the nature of the public danger is taken into account
- Part 3 60 Criminal Code
when punishing, the degree of public danger is taken into account
- Part 3 60 Criminal Code
When punishing, the identity of the perpetrator is taken into account
- Part 3 60 Criminal Code
when punishing, mitigating circumstances are taken into account
- Part 3 60 Criminal Code
when punishing, aggravating circumstances are taken into account
- Part 3 60 Criminal Code
when punishing, the influence on the correction of the convicted person is taken into account
- Part 3 60 Criminal Code
when punishing, the impact on the family of the convicted person is taken into account
Additional Information
— clause 1
Plenum No. 58 fair punishment, compliance with the person and the act
- paragraph 27
Plenum No. 58 taking into account for punishment the factors specified in
Part 3 60 of the Criminal Code
II). Cassation
- paragraph 16
Plenum No. 19 checking the application of norm
60 of the Criminal Code
in cassation
Practical aspects
Assignment of punishment
: all mitigating, aggravating and neutral factors
Article 60 of the Criminal Code. General principles of sentencing
1) A person found guilty of committing a crime is assigned:
Url Additional information:
— clause 1
Plenum No. 58 fair punishment, compliance with the person and the act
- fair punishment;
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- part 1 64 of the Criminal Code
the punishment may be lower than the minimum sanction of the article
— Clause 3 Part 1 389.18 Code of Criminal Procedure
punishment is beyond the limit, misapplication of the law
- within the limits provided for in the relevant article,
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— Chapter 10
Criminal Code assigning punishment
- and taking into account the provisions of the General Part of the Criminal Code.
A more severe type of punishment from among those provided for the crime committed is assigned only if a less severe type of punishment cannot ensure the achievement of the goals of the punishment.
2) A more severe punishment than provided for in the relevant articles
of the Special Part of the Criminal Code for the crime committed may be imposed:
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Punishment in aggregate
Three mechanisms
penalties: absorption, partial addition, full addition
- for a set of crimes, in accordance with Article 69 of the Criminal Code,
- and on the totality of sentences in accordance with Article 70 of the Criminal Code.
The grounds for imposing a less severe punishment than provided for in the relevant article of the Special Part of the Criminal Code for a crime committed are determined by Article 64 of the Criminal Code.
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- paragraph 27
Plenum No. 58, taking into account for punishment the factors specified in
Part 3 60 of the Criminal Code
3) When assigning punishment, the following are taken into account:
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— clause 1
Plenum No. 58 the nature of the hazard depends on the characteristics of the composition
Nature of the danger
The nature of public
danger, consideration when sentencing
—
nature of public
danger,
crime,
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— clause 1
Plenum No. 58 degree of danger: consequences, method, type of intent, role
Danger level
Degree of public
danger, consideration when sentencing
—
degree of public
danger,
crime,
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— Part 1 6 of the Criminal Code
the punishment must correspond to the personality of the perpetrator
— clause 1
Plenum No. 58 information about a person is characterizing data
Personality
Identity of the culprit
— health, marital status (
clause 1
of Plenum No. 58)
—
identity of the culprit,
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— 61 CC
extenuating circumstances
All softening
List of all
mitigating, both those specified in
part 1
and those mentioned in
part 2 of 61 of the Criminal Code
- mitigating circumstances,
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All aggravating
List of all
aggravating circumstances specified in
63 of the Criminal Code
and some other
- aggravating circumstances,
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- part 2 43 of the Criminal Code
purpose of punishment, correction of the convicted person
— Part 1 1 PEC
the purpose of executive legislation, correction of the convicted person
- paragraph 27
Plenum No. 58 taking into account the impact of punishment on the correction of a convicted person
Impact on patching
Impact of punishment
for correction, consideration when passing a sentence (
Part 3 60 of the Criminal Code
)
- the impact of punishment on the correction of the convicted person,
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- clause 4 304 Code of Criminal Procedure
indication of marital status in the sentence
- paragraph 27
Plenum No. 58 taking into account the living conditions of the family of the convicted person
— clause 1
Plenum No. 58 taking into account marital status when punishing
- paragraph 35
Plenum No. 14, taking into account marital status under articles on drugs
Family of the convicted person
Impact of punishment
for the family of the convicted person, taken into account in the sentence (
Part 3 60 of the Criminal Code
)
- the impact of punishment on the living conditions of his family.
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Second commentary to Art. 60 of the Criminal Code of the Russian Federation
1. Imposition of punishment is one of the stages of application of the criminal law, consisting in determining for a specific person who committed a crime the types and amounts of punishment necessary and sufficient to achieve the goals of criminal punishment. The general principles of sentencing mean the basic ideas (requirements, criteria) that the court must follow when determining the punishment of a person guilty of committing a crime (crimes).
2. The types of general principles are:
1) imposition of punishment within the limits provided for in the article of the Special Part;
2) imposition of punishment taking into account the provisions of the General Part;
3) imposition of punishment taking into account the nature and degree of public danger of the crime and the identity of the perpetrator, including circumstances mitigating and aggravating the punishment;
4) imposition of punishment, taking into account the impact of the imposed punishment on the correction of the convicted person and on the living conditions of his family.
3. The limits of the sanction of an article (part of an article) are determined by the limits of those penalties that are indicated in it. Wherein:
a) a person can be assigned only those types of basic punishment that are provided for by the sanction of a specific article;
b) it is possible to assign only one, but any of the main types of punishment provided for by the sanction;
c) a person cannot be given penalties that have not been put into effect or are not executed for other reasons;
d) a more severe type of punishment from among those provided for the crime committed is imposed only if a less severe type of punishment cannot ensure the achievement of the goals of punishment (see about this, paragraph 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 2015 No. 58 (ed. dated 12/18/2018) “On the practice of imposing criminal punishment by the courts of the Russian Federation”, hereinafter referred to as PPVS 2015);
e) it is possible to impose any amount or duration of the main punishment of a specific type, within the limits specified by law, including the minimum or maximum punishment;
f) the person may be given an additional penalty provided for in the sanction article as an optional one; in some cases there may be two or more additional penalties;
g) if an additional punishment is provided for in the sanction article as mandatory, the court is obliged to apply it;
h) the amount or term of additional punishment can be any within the limits specified by law.
4. The imposition of punishment, taking into account the provisions of the General Part, presupposes: a) the lower limit of punishment, if it is not specified in a specific sanction, is determined by the provisions of the General Part of the Criminal Code, establishing the minimum possible term for this type of punishment;
b) in a number of cases, based on the provisions of the General Part, the court may replace one type of main punishment provided for in the sanction article with another (punishments applied to military personnel and forced labor instead of imprisonment);
c) taking into account the provisions of the General Part of the Criminal Code, the court may independently decide the issue of imposing certain additional penalties in cases where they are not provided for by the sanction of the article of the Special Part;
d) when imposing a sentence, the court must take into account the restrictions established by the provisions of the General Part of the Criminal Code on the application of certain types of punishment to certain categories of convicts (disabled people, pregnant women, etc.).
5. The imposition of punishment is carried out taking into account the nature and degree of public danger of the crime and the identity of the perpetrator. At the same time, according to paragraph 1 of the 2015 PPVS, the nature of the public danger of a crime is determined by criminal law and depends on the elements of the crime established by the court. When taking into account the nature of the public danger of a crime, courts should bear in mind, first of all, the focus of the act on social values protected by criminal law and the harm caused by it.
The degree of public danger of a crime is established by the court depending on the specific circumstances of the crime, in particular on the nature and size of the consequences that occurred, the method of committing the crime, the role of the defendant in the crime committed in complicity, on the type of intent (direct or indirect) or negligence (frivolity or negligence) . Circumstances mitigating or aggravating punishment (Articles 61 and 63 of the Criminal Code of the Russian Federation) and related to the crime committed (for example, committing a crime due to a combination of difficult life circumstances or motivated by compassion, a particularly active role in the commission of a crime) are also taken into account when determining the degree of public danger crimes.
6. Personal information that must be taken into account when sentencing includes information characterizing the guilty party that the court has at its disposal when passing a sentence. These may, in particular, include data on the family and property status of the person who committed the crime, his state of health, behavior at home, whether he has dependent minor children, other disabled persons (spouse, parents, other close relatives). Based on the provisions of Part 6 of Art. 86 of the Criminal Code, courts should not take into account as negatively characterizing the personality of the defendant data indicating that he has expunged or expunged convictions in the prescribed manner (clause 1 of the 2015 PPVS).
