Article 57 of the Criminal Code of the Russian Federation with Commentary 2022: latest changes and amendments, judicial practice

ST 57 of the Criminal Code of the Russian Federation.

2. Life imprisonment is not imposed on women, as well as persons who committed crimes under the age of eighteen, and men who have reached the age of sixty-five by the time the court pronounces the sentence.

Commentary to Art. 57 Criminal Code

Punishment is applied for crimes that encroach on life (part 2 of article 105, article 277, part 3 of article 281, article 295, 317 of the Criminal Code); against public safety (part 3 of article 205, part 4 of article 205.1, article 205.3, part 1 of article 205.4, part 1 of article 205.5, part 4 of article 206, part 4 of article 210 and Part 4 of Article 211 of the Criminal Code); against public health and public morality (part 5 of article 228.1, part 4 of article 229.1 of the Criminal Code); against the sexual integrity of minors under the age of fourteen (part 5 of article 131, part 5 of article 132, part 6 of article 134 of the Criminal Code); against the peace and security of mankind (Article 357, Parts 1 and 3 of Article 361 of the Criminal Code).

Criminal punishment - life imprisonment

01/24/2017 This type of punishment as life imprisonment is provided for in Article 57 of the Criminal Code of the Russian Federation. Initially, life imprisonment was provided as an alternative to the death penalty and could only be imposed for especially serious crimes that encroached on life. Subsequently, after the announcement of a moratorium on the use of the death penalty and in order to strengthen the fight against terrorism, Federal Law No. 74-FZ of July 21, 2004 removed such an indication from Article 57 of the Criminal Code of the Russian Federation, and the possibility of establishing life imprisonment extended to particularly serious crimes against public safety. Also, the specified Law provides for this type of punishment for committing a terrorist act under aggravating circumstances (Part 3 of Article 205 of the Criminal Code of the Russian Federation), and since December 2008 - in the case of hostage taking or sabotage under aggravating circumstances (Part 4 of Article 206, Part 3, Article 281 of the Criminal Code of the Russian Federation). From 02/29/2012, in accordance with Federal Law No. 14-FZ, Article 57 of the Criminal Code of the Russian Federation was supplemented with an indication of the possibility of establishing life imprisonment for crimes against the sexual integrity of minors under 14 years of age (Part 5 of Article 131, Part 5 of Article 132 , part 6 of article 134 of the Criminal Code of the Russian Federation). In accordance with Federal Law No. 18-FZ dated 01.03.2012, this type of criminal punishment is also extended for the commission of particularly serious crimes against public health and public morality (as sanctioned by Part 5 of Article 228.1 of the Criminal Code of the Russian Federation, from 01.01.2013, and Part. 4 Article 229.1 of the Criminal Code of the Russian Federation). The newly adopted resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2016 “On the Judicial Sentence” provides an explanation according to which the courts must take into account that such a type of punishment as life imprisonment in cases provided for by law can only be applied when the need for its appointment is due to exceptional danger for the society of the person who committed the crime. The court, motivating the imposition of a sentence of life imprisonment in the verdict, must provide specific circumstances of the case and data characterizing the personality of the defendant in support of this conclusion. It should be noted that the previously available clarifications in the resolution of the Plenum of the Supreme Court dated April 29, 1996 No. 1 “On the Judicial Sentence” also ordered the courts to impose life imprisonment in cases provided for by law only when the need for its appointment is due to special aggravating circumstances and exceptional danger to society of the person who committed the crime. Thus, at the legislative level, particularly serious crimes that pose an increased public danger are clearly defined, for which the courts can impose the most severe of all types of punishments that exist and are actually applied today in modern criminal law - in the form of life imprisonment. Date modified: 02/07/2017 18:32:35 Number of impressions: 1681

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Second commentary to Art. 57 of the Criminal Code of the Russian Federation

1. Life imprisonment is established for the commission of especially serious crimes encroaching on life, as well as for the commission of especially serious crimes against public health and public morality, public safety, and sexual integrity. In reality, it is provided for in the articles of the Criminal Code on murder under aggravating circumstances (including special types), on crimes against sexual integrity and sexual freedom committed under especially aggravating circumstances, crimes of a terrorist nature, hostage-taking, organizing a criminal community, hijacking an air or water transport vessel or a railway vehicle. composition, some crimes related to drug trafficking, sabotage, an act of international terrorism.

2. The lifelong nature of this type of punishment is not absolute. The fact is that in Part 5 of Art. 79 of the Criminal Code contains a provision according to which a person serving a life sentence may be released on parole if the court finds that he does not need to further serve this sentence and has actually served at least twenty-five years of imprisonment. Conditional early release from further serving of life imprisonment is applied only if the convicted person has not committed malicious violations of the established procedure for serving the sentence during the previous three years. A person who commits a new grave or especially grave crime while serving a life imprisonment is not subject to parole.

3. Life imprisonment cannot be imposed on women, as well as persons who committed crimes under the age of eighteen, and men who have reached the age of sixty-five by the time the court pronounces the sentence.

4. Convicts sentenced to life imprisonment, as well as convicts for whom the death penalty by way of pardon has been replaced by life imprisonment, serve their sentences in special regime correctional colonies for convicts serving life imprisonment (Article 126 of the Penal Code). Convicts are kept in cell-type premises, material and everyday benefits are sharply limited, and the number of other legal restrictions is growing (Article 127 of the Penal Code).

Life imprisonment

1. Life imprisonment is established for the commission of especially serious crimes that encroach on life, as well as for the commission of especially serious crimes against public health and public morality, public safety, and the sexual integrity of minors under fourteen years of age.
2. Life imprisonment is not imposed on women, as well as persons who committed crimes under the age of eighteen, and men who have reached the age of sixty-five by the time the court pronounces the sentence.

Third commentary to Article 57 of the Criminal Code of the Russian Federation

1. Currently, life imprisonment can be imposed only for the most dangerous attacks classified as especially grave crimes (see commentary to Article 15 of the Criminal Code) encroaching on life (Part 2 of Article 105, Article 277, Part 3 Article 281, Article 295, 317 and 357 of the Criminal Code), as well as for committing especially serious crimes against public health and public morality (Part 4 of Article 229.1 of the Criminal Code), public safety (Part 3 of Article 205 , part 4 of article 206, part 4 of article 210 of the Criminal Code), sexual integrity of minors under fourteen years of age (part 5 of article 131, part 5 of article 132, part 6 of article 134 of the Criminal Code). Life imprisonment can also be applied when replacing the death penalty by way of pardon. The imposition of this type of punishment for preparation for a crime or attempted crime is excluded (part 3 of article 59, part 4 of article 66 of the Criminal Code). Life imprisonment is served in special regime correctional colonies located in places determined by the federal body of the penal system (Part 4 of Article 73 of the Penal Code of the Russian Federation), separately from other categories of convicts (Articles 126, 127 of the Penal Code of the Russian Federation).

2. Part 2 of the commented article contains an exhaustive list of convicts who are not assigned life imprisonment based on age and gender criteria.
As the Constitutional Court of the Russian Federation emphasized in Ruling No. 321-O dated October 14, 2004, the ban on imposing life imprisonment on those listed in Part 2 of Art. 57 of the Criminal Code for categories of persons is based on the need, arising from the principles of justice and humanism, to take into account in the criminal law the social, age and physiological characteristics of various categories of persons in order to ensure a more complete and effective solution to the problems facing criminal punishment in a democratic state governed by the rule of law; This legislative decision, which ensures differentiation of criminal liability, cannot be considered as incompatible with constitutional principles and norms and violating the rights and freedoms of citizens guaranteed by the Constitution of the Russian Federation. ‹ Article 56. Imprisonment for a specified periodUp Article 58. Assignment of a type of correctional institution to those sentenced to imprisonment ›

Article 57. Life imprisonment

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated October 17, 2018 N 59-APU18-7 In this case, the court took into account the provisions of Part 1 of Art. Criminal Code of the Russian Federation. There are no circumstances in this criminal case that would prevent the convict from being sentenced to life imprisonment. The presence of ... is not a basis for mitigating the imposed punishment, which corresponds to the principles and purposes provided for in Art. Art. and the Criminal Code of the Russian Federation. While serving a life sentence, the convicted person is not deprived of the opportunity to receive the necessary treatment...

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 15, 2019 N 49-APU19-15SP

Addressing the jury with parting words, the presiding officer incorrectly explained the consequences of recognizing the convicted Kalin as deserving leniency in accordance with Art. of the Criminal Code of the Russian Federation, without distinguishing in this regard and without explaining the provisions provided for in Part 2 of Art. of the Criminal Code of the Russian Federation in relation to Ibragimova O.A. When rendering its verdict, the jury did not find the convicted deserving of leniency.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 25, 2018 N 44-APU18-13

According to Part 2 of Art. The Criminal Code of the Russian Federation does not impose life imprisonment on women. Taking into account the above, when assigning punishment to women under Part 2 of Art. 105 of the Criminal Code of the Russian Federation allows the application of the provisions of Part 1 of Art. Criminal Code of the Russian Federation.

Determination of the Constitutional Court of the Russian Federation dated January 26, 2017 N 76-O

THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,

Determination of the Constitutional Court of the Russian Federation dated June 27, 2017 N 1406-O

The duty of the federal legislator to enshrine in the criminal law provisions providing for the possibility of replacing life imprisonment with a more lenient punishment does not directly follow from the Constitution of the Russian Federation. Formulating the norms of the article of the Criminal Code of the Russian Federation, taking into account both the nature of the crimes for the commission of which punishment is established in the form of life imprisonment (especially serious crimes encroaching on life, as well as especially serious crimes against public health and public morality, public safety, sexual integrity of minors, under fourteen years of age - part one of article of the Criminal Code of the Russian Federation), and the identity of the perpetrators to whom such a penalty is imposed, the federal legislator did not go beyond the limits of his powers (rulings of the Constitutional Court of the Russian Federation of November 25, 2010 N 1525-О-О , dated February 24, 2011 N 267-О-О, dated October 18, 2012 N 1928-О, dated September 24, 2013 N 1432-О and N 1433-О, dated September 25, 2014 N 2042-О, dated 23 December 2014 N 2823-O and dated March 29, 2016 N 622-O).

Determination of the Constitutional Court of the Russian Federation dated July 18, 2017 N 1489-O

At the same time, as noted by the Constitutional Court of the Russian Federation, the obligation of the federal legislator to enshrine in the criminal law provisions providing for the possibility of replacing life imprisonment with a more lenient form of punishment does not directly follow from the Constitution of the Russian Federation (definitions of November 25, 2010 N 1525-О-О , dated February 24, 2011 N 267-О-О, dated October 18, 2012 N 1928-О, dated September 24, 2013 N 1432-О and N 1433-О, dated September 25, 2014 N 2042-О, dated 23 December 2014 N 2823-O, dated March 29, 2016 N 622-O and dated May 26, 2016 N 1112-O). The norms of the article of the Criminal Code of the Russian Federation, formulated taking into account both the nature of the crimes for the commission of which punishment is established in the form of life imprisonment (especially serious crimes encroaching on life, as well as especially serious crimes against public health and public morality, public safety, sexual integrity of minors under fourteen years of age - part one of article of the Criminal Code of the Russian Federation), and the identity of the perpetrators who are assigned such a penalty cannot be regarded as an unacceptable restriction of the rights of persons serving life imprisonment (Decision of the Constitutional Court of the Russian Federation of December 20, 2016 N 2798-O).

Determination of the Constitutional Court of the Russian Federation dated July 18, 2017 N 1488-O

CONSTITUTIONAL RIGHTS BY ARTICLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION The Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,

Determination of the Constitutional Court of the Russian Federation dated September 28, 2017 N 2182-O

The provisions of the article of the Criminal Code of the Russian Federation, which in part two defines the circle of persons who, based on the principle of humanism, cannot under any circumstances be sentenced to life imprisonment, are subject to application in the case of imposition of punishment for the crimes specified in its part one, in conjunction with the general rules sentencing, according to which 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 its General Part; 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; when assigning punishment, the nature and degree of social danger of the crime and the personality of the perpetrator are taken into account, 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 (parts one and three of Article 60). In addition, in accordance with the second part of Article 61 of this Code, when imposing a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating circumstances. Also, the assessment of the health status of the perpetrator by the court is also assumed by virtue of the article of the Criminal Code of the Russian Federation, which establishes cases of exemption from punishment due to illness.

Determination of the Constitutional Court of the Russian Federation dated December 19, 2017 N 2860-O

Determination of the Constitutional Court of the Russian Federation dated December 19, 2017 N 2876-O

RSFSR AND PART OF THE FIRST ARTICLE OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION, the Constitutional Court of the Russian Federation, composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 25, 2019 N 78-APU19-37SP

Thus, the sanction of Part 2 of Art. 105 of the Criminal Code of the Russian Federation (taking into account the provisions of Part 2 of Art. of the Criminal Code of the Russian Federation) provides for women punishment in the form of imprisonment for a term of 8 to 20 years. Despite the fact that the jury unanimously did not recognize Romanova E.E. deserving leniency, taking into account the totality of circumstances mitigating the punishment of Romanova E.E., the court sentenced her to much less than two-thirds of the term of imprisonment provided for as part 1 of Art. , so part 1 art. Criminal Code of the Russian Federation.

Another commentary on Article 57 of the Criminal Code of the Russian Federation

Life imprisonment is served in special regime correctional colonies located in places determined by the federal body of the penal system (Part 4 of Article 73 of the Penal Code of the Russian Federation), separately from other categories of convicts (Articles 126, 127 of the Penal Code of the Russian Federation).

2. Part 2 of the commented article contains an exhaustive list of convicts who are not assigned life imprisonment based on age and gender criteria.

As the Constitutional Court of the Russian Federation emphasized in Ruling No. 321-O dated October 14, 2004, the ban on imposing life imprisonment on those listed in Part 2 of Art. 57 of the Criminal Code for categories of persons is based on the need, arising from the principles of justice and humanism, to take into account in the criminal law the social, age and physiological characteristics of various categories of persons in order to ensure a more complete and effective solution to the problems facing criminal punishment in a democratic state governed by the rule of law; This legislative decision, which ensures differentiation of criminal liability, cannot be considered as incompatible with constitutional principles and norms and violating the rights and freedoms of citizens guaranteed by the Constitution of the Russian Federation.