Amendments to Article 80 of the Criminal Code of the Russian Federation in 2022: latest information, video tips, changes

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ARTICLE 80 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,

Commentary to Art. 80 of the Criminal Code of the Russian Federation

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 Article 80 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 57 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, 2022 N 1525-O -O, dated February 24, 2021 N 267-О-О, dated October 18, 2022 N 1928-О, dated September 24, 2021 N 1432-О and N 1433-О, dated September 25, 2022 N 2042-О, dated December 23, 2022 N 2823-O and dated March 29, 2022 N 622-O).

The Commissioner for Human Rights of the Russian Federation, Ella Pamfilova, summarized the positive conclusion and stated her desire to join the project. It should be expected that amendments to the parole in 2022 will be adopted in the near future according to the draft presented by the State Duma of the Russian Federation.

Amendments to parole in 2022 provide for release under an amnesty when the sentence is commuted or the term of serving the sentence is reduced. Such measures are also applied as a matter of priority to cancer patients, pregnant women and disabled people, citizens who are raising children under 18 years of age or in need of support and care, and participants of the Second World War.

Reasons for applying parole

Amendments to parole in 2022. Art. 79 of the Criminal Code of the Russian Federation provides for conditional early release (PAROL) if conditions are met. Next year, it is expected that several changes will be made to the legislation on the issue of granting amnesty to those convicted of committing crimes earlier than the previously established period. This is evidenced by statements from the Russian Ministry of Justice. What amendments are planned to be made to the law and how will release be implemented under the new Criminal Code of the Russian Federation?

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1. The replacement of the remaining unserved part of the punishment with a milder type of punishment is provided for persons sentenced to two punishments: detention in a disciplinary military unit and imprisonment, taking into account the categories of crimes committed. At the same time, the law does not provide for conditions for replacing life imprisonment with a more lenient punishment, as is done in Part 5 of Art. 79 of the Criminal Code in relation to parole.

Amendments to Article 80 of the Criminal Code of the Russian Federation in 2022

Prisoners are interested in how the changes to Art. will be implemented in practice. 80 of the Criminal Code of the Russian Federation in 2022. The latest news suggests that bill No. 485101-7 has passed the third reading. It was approved by the Supreme Court of the Russian Federation, the State Construction Committee, and supported by the majority of deputies. After passing the 3rd reading, the draft only needs to be approved by the Federation Council, be signed by the President of the Russian Federation and be published. It may come into force at the beginning of 2022, 10 days after official publication.

Article 80

shall be punishable by imprisonment for a term of ten to fifteen years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to one and a half years.

It is believed that, in essence, such an act does not cause grave harm to society, and therefore it should not be punished with imprisonment with detention in places of detention for a long time. The bill specifies the establishment of a general “standard” sanction as arrest for crimes of medium gravity, heavy and especially heavy. Thus, from the 68 elements of crimes, the lower limits of sanctions in the form of imprisonment were excluded, and the upper limits, which determine the degree of danger of the crime, remained the same.

Amendments to particularly serious articles in 2022

Concealment of funds actually placed by individuals or individual entrepreneurs or in favor of these persons on the basis of a bank deposit agreement or a bank account agreement, by failing to include information about such funds on a large scale.

Will there be amendments to particularly serious articles in

Laws 323-FZ and 326-FZ of 07/03/2021 introduced a number of significant changes to the Criminal, Criminal Procedure Codes of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, most concerning the widespread articles 158, 159, 160 of the Criminal Code of the Russian Federation. Let us dwell on the most significant ones, influencing the greater number of already convicted persons. From the moment these laws come into force, that is, from July 15, 2021, a number of thefts in the amount of up to 2,500 rubles are decriminalized. I advise you to contact them if necessary.

1. For a person serving detention in a disciplinary military unit, forced labor or imprisonment, who has compensated for the damage (in whole or in part) caused by the crime, the court, taking into account his behavior during the entire period of serving the sentence, may replace the remaining unserved part of the sentence with a more lenient punishment. , with the exception of cases of replacing punishment in the form of imprisonment with forced labor in accordance with part two of this article. In this case, the person may be fully or partially released from serving an additional type of punishment.

Commentary on Article 80

1. The extremely rare use of the commented type of release, known in previous legislation, was due to the fact that the 1960 Criminal Code provided for the same grounds for replacement with a more lenient type of punishment and for parole, combining these types in one article of the Criminal Code. Meanwhile, in the first case, the convict is generally released from further serving the sentence, albeit conditionally, and in the second, he continues to serve the sentence, although it is more lenient than the one assigned to him by the court verdict. The commented article of the new Criminal Code has changed the grounds for applying this unconditional type of exemption, which may contribute to its more effective application in practice in the future.

2. Substitution can be applied only to one type of punishment - imprisonment and only to persons convicted of crimes of minor and medium gravity, that is, crimes for which the punishment by law does not exceed five years of imprisonment. These may be persons convicted of property crimes in the absence of qualifying criteria, for hooliganism (under Part 1 and Part 2 of Article 213), many crimes of an economic nature, minor crimes against the person, etc. The law does not allow the replacement of punishment by more a mild measure for serious crimes, since in this case, as a replacement, the court would have to apply such a mild measure that does not correspond to the nature and degree of public danger of the crime committed by the person.

3. The grounds for replacing imprisonment with a more lenient type of punishment are the completion of at least one third of the term of imprisonment imposed by the court and the positive behavior of the person, the assessment of which Part 1 of the commented article does not connect with any formal instructions, but transfers to the discretion of the court. If a positive decision is made on the issue of replacing the remaining unserved part of the sentence with a more lenient one, the court may release this person in whole or in part from additional punishment, for example, from deprivation of the right to practice his profession.

4. Great freedom is given to the court applying the replacement in choosing a more lenient measure: it can impose any penalty from the list provided for in Art. 44 of the Criminal Code. This means that the court can replace the remaining term of imprisonment with restriction of liberty, correctional labor or a fine. Previous legislation did not allow the replacement of imprisonment with a fine.

The size of the new punishment is determined taking into account the rules established by Art. 71 and 72 of the Criminal Code and within the maximum terms established for these types of punishment. Thus, if a person replaces the remaining two years of imprisonment with compulsory work, then the total number of hours of compulsory work is calculated at the rate of 8 hours per day, but not more than 240 hours in total.

5. Replacing imprisonment with a more lenient punishment is unconditional and does not depend on the subsequent behavior of the person.

Scientific and practical commentary:

1. The principle of individualization of punishment also applies during its execution. The purpose of punishment can be achieved within the limits of not only the punishment imposed by the court, but also the more lenient punishment to which it is replaced. 2. Replacing the unserved part with a more lenient type of punishment is an independent type of release from punishment. The law established three formal conditions, under which it is possible to raise the issue of replacing the punishment with a more lenient one. Title of article 80 is broader than its content, since we are talking about the possibility of replacing only an unserved sentence in the form of detention in a disciplinary military unit or imprisonment. This institution is not applied to other types of punishment, which does not seem entirely justified. Judicial practice knows cases when a person could not serve correctional labor for various reasons, for example, for health reasons, and therefore this punishment was replaced by the court with another, usually a fine. According to Part 7 of Art. 175 of the Penal Code of the Russian Federation, in the case where a person sentenced to compulsory labor or correctional labor is recognized as a disabled person of group I or II, the institution or body executing the punishment makes a proposal for his early release. The unserved part may be replaced by a more lenient punishment after the person sentenced to imprisonment has actually served: 1) at least a third of the term - for committing a crime of minor and medium gravity; 2) at least half the term - for committing a serious crime; 3) at least two-thirds of the term - for committing a particularly serious crime; 4) at least three quarters of the sentence - for committing crimes against the sexual integrity of minors, as well as crimes provided for in Art. 210 CC. 3. The serving by a person of the part of imprisonment established by law does not entail its automatic replacement with a more lenient type of punishment. The need to weaken the punitive impact of imprisonment is explained primarily by positive changes in the behavior of the convicted person. The degree of correction required here is less than with parole. These circumstances must be taken into account when deciding whether to replace imprisonment with a more lenient punishment. The law does not provide any clear criteria sufficient to replace imprisonment with a more lenient punishment; it only indicates taking into account the behavior of the convicted person during the period of serving the sentence. For example, in the case of V., the Supreme Court of the Russian Federation indicated that when replacing the unserved part of a sentence with a more lenient one, the court must proceed from the expediency and possibility of serving a new sentence by the convicted person <1>. ——————————— <1> BVS RSFSR. 1964. N 11. P. 10.

4. In accordance with Part 3 of Art. 80, when replacing the unserved part of the sentence, the court may choose any milder type of punishment specified in Art. 44 of the Criminal Code, within the limits provided for by the Criminal Code for each type of punishment (see commentary to this article). In this case, the court does not have the right to replace the unserved term of imprisonment with a suspended sentence, but can only replace it with another, more lenient one. 5. The term and amount of milder punishments when replaced cannot exceed the amount of imprisonment and must be imposed within the limits provided for each type of punishment, for example, the term of correctional labor should not exceed 2 years (Part 1 of Article 50 of the Criminal Code). 6. When replacing the remaining unserved part of detention in a disciplinary military unit or imprisonment with a milder type of punishment, the person may be fully or partially released from the additional type of punishment. Replacement of the unserved part of restriction of freedom, detention in a disciplinary military unit or deprivation of liberty with a more lenient form of punishment is unconditional and final. The commission of a new crime by a person during this period does not entail the reversal of the court's decision, and when a punishment is imposed based on a set of sentences, a more lenient punishment is added, to which detention in a disciplinary military unit or imprisonment was replaced. If by the time the new sentence is pronounced the person has served his sentence under the previous sentence, then the rules of Art. 70 of the Criminal Code do not apply. For example, a person committed a new crime while serving correctional labor, a preventive measure was chosen against him in the form of a recognizance not to leave the place, and by the time the case was considered in court, correctional labor had already been served. In this case, the court must impose punishment only for the newly committed crime. 7. Replacement of the unserved part of the sentence with a more lenient form is applied by the court at the place where the convicted person is serving the sentence. The procedure for filing a complaint about this is determined by the Penal Code of the Russian Federation. So, according to Part 2 of Art. 167 of the Penal Code of the Russian Federation, for the purpose of further correction, convicted military personnel who are characterized by exemplary behavior and a conscientious attitude to military service and labor may be nominated by the commander of the disciplinary military unit to replace the unserved part of the sentence with a more lenient type of punishment. According to Part 3 of Art. 175 of the Penal Code of the Russian Federation in relation to a positively characterized convicted person for whom the unserved part of the sentence can be replaced with a more lenient form, the institution or body executing the punishment submits a proposal to the court about this. It must contain data on the behavior of the convicted person, his attitude to study and work while serving his sentence, and his attitude towards the committed act. Moreover, in accordance with Part 11 of Art. 175 of the Penal Code of the Russian Federation, a proposal to replace the unserved part of the sentence with a more lenient form can also be made in relation to a convicted person who was previously denied parole by the court. 8. Replacement of the unserved part of the sentence is a right, not an obligation of the court. In case of refusal of such a replacement, repeated submission to the court is permissible no earlier than 6 months from the date of the court decision on refusal (Part 10 of Article 175 of the Penal Code of the Russian Federation).

Article 80

3. When replacing the unserved part of the sentence, the court may choose any milder type of punishment in accordance with the types of punishments specified in Article 44 of this Code, within the limits provided for by this Code for each type of punishment, with the exception of cases of replacing a sentence of imprisonment with forced labor in accordance with part two of this article.

Commentary to Art. 80 of the Criminal Code of the Russian Federation

Initiative to strengthen liability for financial crimes with corresponding amendments to Art. 172 of the Criminal Code of the Russian Federation (draft bill No. 286345-7). Considered in the second reading.
The bill regarding strengthening sanctions for crimes under Art.

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If in 2022 up to 80-90% of applications were subject to satisfaction, then in 2022 - only 41%. At the same time, according to human rights activists, most refusals are unlawful. Why is this happening? The main obstacle to obtaining parole most often comes from judges and prosecutors, who, when making a decision, are guided not by the rules of the law, but by their own ideas about how much time a convicted person should serve and what he should do to be released.

What else is new planned in criminal legislation in Russia

The relaxations are significant; according to the initiators, they are aimed at increasing the effectiveness of the system of measures for social adaptation of convicts, at their “resocialization,” that is, returning to normal life in society. The possibility of such a replacement does not cancel the right to take advantage of the chance for parole.

The authors of the bill considered that the possibility of early amnesty would be useful for those who have taken the path of correction and are ready to lead a normal lifestyle. It will be possible for them to replace prison sentences with correctional labor. The deputies believed that they would undergo rapid social adaptation and be able to return to their usual activities.

Article 80. Replacement of the unserved part of the punishment with a more lenient type of punishment

The son was sentenced under Article 228 Part 4 to 6 years of strict regime. June 2, 2022 will be 3/4 of the term. He will write an application for parole. According to the amendments, is it possible to write a statement, because according to the changes in the Criminal Code, parole begins when 2/3 of the term has been served. Can my son be released on parole earlier? There are no violations, a lot of encouragement, it works.

Changes to the Criminal Code of the Russian Federation from January 10, 2022

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a) part one, after the words “mild punishment”, should be supplemented with the words “except for cases of replacing punishment in the form of imprisonment with forced labor in accordance with part two of this article”;

There is no news about the amnesty for the so-called “Putin project” (in connection with the coronavirus) and the LDPR project (for the 30th anniversary of the State Emergency Committee). In 2022, the most likely date, if the amnesty is applied in its current form, is April 27 (115th anniversary of the establishment of the State Duma). If the resolution is adopted, it will be published in Rossiyskaya Gazeta.

Reasons for applying parole

Implementing the powers granted to him by Article 71 of the Constitution of the Russian Federation in the field of regulation and protection of human and civil rights and freedoms (clause “c”), as well as criminal legislation (clause “o”), the federal legislator established in Article 80 of the Criminal Code of the Russian Federation that a person For a person serving imprisonment, the court may replace the remaining unserved part of the sentence with a more lenient type of punishment, taking into account his behavior during the period of serving the sentence and when he actually serves the part of the sentence specified in the law (parts one and two). Such legal regulation, ensuring the implementation of the right of everyone convicted of a crime, enshrined in Article 50 (Part 3) of the Constitution of the Russian Federation, to ask for a mitigation of the sentence imposed on him, at the same time serves the principle of saving criminal repression arising from the constitutional principles of humanism and justice, which involves the use of only necessary and coercive measures of criminal legal response sufficient to achieve its goals. Within the meaning of Article 80 of the Criminal Code of the Russian Federation, the basis predetermining the possibility of replacing the unserved part of the punishment with a milder type of punishment is the behavior of the convicted person during the period of serving the sentence, subject to a comprehensive judicial assessment in conjunction with other data characterizing it (including attitude to work, the committed act, etc.) .P.). Thus, when resolving the relevant issue, the court evaluates positive changes in the behavior of the convicted person, indicating the possibility of mitigating criminal repression to the necessary and sufficient minimum of coercive measures to ensure the achievement of the goals of punishment (Determination of the Constitutional Court of the Russian Federation of January 17, 2013 N 2-O).

Certain inconsistencies emerged that required adjustments based on the needs of society. After all, it is in his interests that the criminal is isolated, or his return is allowed after completion of punishment.

Amendments to parole in 2021

the possibility of leaving places of detention for a period previously established on the basis of the law in the previous edition - the Ministry of Justice of Russia submitted a draft law to the State Duma about this;
the possibility of replacing prison with correctional labor.

Reasons for applying parole

Changing the terms of parole is within the exclusive competence of the president and the adoption of changes in this area can be carried out solely on the basis of his order to amend the relevant laws.

forced labor for up to 3 years with or without deprivation of the right to hold certain positions or engage in certain activities for up to 4 years;
imprisonment for a term of up to 3 years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to 4 years.

Individuals will be searched for foreign agents

Such a violation may be punishable by a fine of 300 thousand to 500 thousand rubles, compulsory labor (up to 480 hours), correctional and forced labor. In addition, such a violation can lead to five years in prison. If a weapon was used, for seven years.

It will become dangerous to slander

From February 1, Roskomndazor will have the right to block sites or groups on social networks that express “obvious disrespect” for society, the state, and the Constitution of Russia. The same measure will apply to resources where obscene language, calls for mass riots, extremism and participation in uncoordinated public events will be found.

16 Apr 2022 vektorurist 609

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Article 80 of the Criminal Code especially serious 2022

7. If by the time the unserved part of the sentence is replaced with a milder type of punishment, the main punishment of the convicted person has already been mitigated by a court decision, an act of amnesty or pardon, then the court, applying Art. 396, 397, 399 of the Code of Criminal Procedure (Article 80 of the Criminal Code), must calculate the actual part of the sentence served, based on that established by a court decision, an act of amnesty or pardon (see paragraph 13 of Resolution of the Plenum of the USSR Supreme Court No. 9). The actual part of the sentence served upon parole is calculated according to the same rule.

Article 80 of the Criminal Code especially serious 2022

In case of failure to fulfill these obligations, commission of administrative offenses, criminal penalties, the convicted person may again be sent to the place of serving the sentence for the period established in the sentence, or convicted according to the totality of sentences, and even a more strict regime of serving the sentence may be applied.

Reasons for applying parole

4. This basis for release from further serving a sentence refers to the unconditional type of release from punishment. Therefore, when a person for whom the unserved part of the punishment has been replaced with a more lenient punishment commits a new crime, the court, when imposing a punishment for committing a new crime, does not attach the unserved part of the replaced punishment to the punishment imposed under the new sentence. Along with this, the court attaches to the new punishment, in whole or in part, the unserved part of a more lenient punishment (see paragraph 19 of the Resolution of the Plenum of the USSR Supreme Court No. 9).

Forced labor from January 1, 2022

This article was adopted back in June 1996. Accordingly, over such a long period of its operation, significant changes arose in the social development of the state, which influenced the institution of criminal law.

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The law says that a person who, while serving his sentence, develops a mental disorder that deprives him of the ability to realize the actual nature of his actions (inaction) and to manage them, is exempt from further serving it. A person who, while serving the sentence, fell ill with another serious illness that prevents further execution and serving of the sentence is also exempt from further serving the sentence (Article 81 of the Criminal Code of the Russian Federation).

Amendments to parole in 2021 - changes in criminal legislation

This list can be supplemented in accordance with the wishes of the applicant. For example, you can provide additional characteristics. Judicial practice proceeds from the fact that there should be no unjustified refusals of parole, and no unjustified releases before the established deadline.

Rules for release on parole

Thus, at present, parole from serving a sentence is applied somewhat differently, Art. 79 of the Criminal Code of the Russian Federation was not amended in 2022, but they were included in Art. 80 of the Criminal Code of the Russian Federation. We will tell you about the rules for using parole in 2022 and current changes in the procedure for its implementation in the article.

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Exemption from serving a sentence of a person who has fallen ill with a serious illness

An important comment also concerns the release from serving sentences of convicts who fell ill with serious illnesses after committing a crime. The Supreme Court confirmed the opinion of the majority of lawyers that the legislation does not connect the resolution of this issue with any circumstances other than the very presence of the convicted person’s disease.

The Supreme Court of the Russian Federation explained that when considering the relevant petition, the court cannot refuse on the grounds that the convicted person does not have incentives, is not characterized positively, does not have a permanent place of residence, and so on.

Amendments to Article 80 of the Criminal Code of the Russian Federation in 2022

For example, you should know that an item withdrawn from circulation will not be considered the subject of theft. The theft of this type of property, for example, weapons, drugs or radioactive substances, is subject to different qualifications and will be considered under other articles of the Criminal Code, since the elements of the crime are different.

Article 80

If changes are made to the deadlines for submitting documents to replace the punishment with a more lenient one (including 1/2 for a particularly serious crime), then we will all learn about this from the relevant official documents adopted within the competence of the authorized state body (official), or other social structures.

Criminal Code of the Russian Federation. 5. Exempt from punishment women with minor children, pregnant women, women over 55 years of age and men over 60 years of age, men with children under 3 years of age, persons with I, II or III disability groups, probationers and paroled from the remaining unserved part of the sentence before the entry into force of this Resolution, as well as persons who committed crimes under the age of 18, pregnant women, women over 55 years of age and men over 60 years of age, men with children under the age of 3 -x years, persons with I, II or III disability group, sentenced to penalties not related to imprisonment; 6.

How to get from a correctional colony to a correctional center

Now almost every convict who demonstrates good behavior and diligence in work can count on a reduced sentence. And given the exponential growth in the number of correctional centers, relative freedom can be obtained much earlier than after a sentence.

But if the prisoner does not work, is not distinguished by exemplary behavior, or the administration does not like him, it is highly recommended to hire a good lawyer. This can also be done remotely: in this case, everything is decided by a well-drafted application and a strong package of documents.

Criminal Code New Amendments to Reduce Term for Particularly Grave Cases

When preparing an application for parole in 2022, it should be remembered that the deadline for filing it also depends on the severity of the crime committed. So, in accordance with the provisions of Part 3 of Art. 79 of the Criminal Code of the Russian Federation, parole can be applied only after the convicted person has actually served:

Amendments to serious articles in 2022

Deputies made amendments to Articles 53.1 (“Forced labor”) and 80 (“Replacement of the unserved part of the sentence with a more lenient type of punishment”) of the Criminal Code of the Russian Federation. They introduce a mechanism according to which the convicted person first of all “has the right to replace the sentence of imprisonment with forced labor, and subsequently the right to parole.”

11. The detention in a disciplinary military unit of a serviceman who is dismissed from military service on the grounds provided for by the legislation of the Russian Federation (for example, in connection with the end of his term of conscription), may be replaced by a court with a more lenient punishment upon the proposal of the commander of the military unit (see paragraph 19, Article 397 of the Code of Criminal Procedure, Article 148 and Part 2 of Article 174 of the Penal Code).

Article 80 of the Criminal Code of the Russian Federation

2. If there is no correctional center on the territory of a subject of the Russian Federation at the place of residence of a person sentenced to forced labor or at the place of his conviction or it is impossible to accommodate (bring to work) convicts in existing correctional centers, the convicts are sent, in agreement with the relevant higher management bodies of the penal system, to correctional centers located on the territory of another subject of the Russian Federation, in which there are conditions for their placement (employment).

How is it happening now?

Replacing the unserved part of the sentence with a more lenient punishment is possible on the basis of a court decision for the following persons:

held in a disciplinary military unit - without specifying the period,
convicted of minor and medium-sized crimes - after serving 1/3 of the sentence,
for serious acts - at least 1/2 of the term,
for especially serious crimes - after serving 2/3 of the sentence,
for acts related to the sexual integrity of minors and organized crime - no less than 3/4 of the term. If the criminal record is related to violence against children under 14 years of age - at least 4/5.

Replacement of punishment, in accordance with Part 3 of Art. 80, at the discretion of the court, any more lenient sentence provided for in the article for this crime may occur. There are 2 important conditions - full or partial compensation for the harm caused by the crime and exemplary behavior of the convicted person while serving. The court also evaluates the convict’s repentance and his attitude to work. A petition for a replacement can be submitted by a prisoner or the penal institution can send a request for this if it considers that the prisoner deserves release under Art. 80 of the Criminal Code of the Russian Federation.

Amnesty for the 25th anniversary of the Constitution of the Russian Federation - the official text of the draft Resolution of the State Duma of the Russian Federation