ST 56 of the Criminal Code of the Russian Federation.
1. Deprivation of liberty consists of isolating a convicted person from society by sending him to a penal colony, placing him in an educational colony, a medical correctional institution, a general, strict or special regime correctional colony, or in prison. Punishment in the form of imprisonment may be imposed on a convicted person who has committed a crime of minor gravity for the first time, only in the presence of aggravating circumstances provided for in Article 63 of this Code, with the exception of crimes provided for in part one of Article 228, part one of Article 231 and Article 233 of this Code, or only if the relevant article of the Special Part of this Code provides for deprivation of liberty as the only type of punishment.
2. Imprisonment is established for a term of two months to twenty years.
3. Lost power.
4. With the exception of the cases provided for in part five of this article, in case of partial or full addition of terms of imprisonment when imposing penalties for a set of crimes, the maximum term of imprisonment cannot be more than twenty-five years, and for a set of sentences - more than thirty years.
5. In case of commission of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 210, Article 210.1, part four of Article 211, Articles 277, 278, 279, 353, 356, 357, 358, 360 and 361 of this Code, in case of partial or full addition of terms of imprisonment when imposing sentences for an aggregate of crimes, the maximum term of imprisonment cannot be more than thirty years, and for an aggregate of sentences - more than thirty-five years .
The concept of imprisonment. Signs
The content of the concept of “deprivation of liberty” is disclosed in Part 1 of Art. 56 of the Criminal Code of the Russian Federation, which states that deprivation of liberty consists of isolating a convicted person from society by sending him to a penal colony or placement in an educational colony, a medical correctional institution, a correctional colony of general, strict or special regime, or to prison.
Thus, deprivation of liberty consists of isolating the convicted person from society, which is ensured by special institutions that carry out the punishment of imprisonment. The difference between different types of institutions is determined, first of all, by the degree of isolation of the convicted person from society that is ensured in them. In this regard, we can talk about the regime of serving the sentence.
Imprisonment is the most severe criminal punishment (with the exception of the death penalty), since its serving is associated with the greatest amount of legal restrictions imposed on the convicted person.
First of all, this concerns the constitutional rights to freedom and personal integrity, to privacy, to the privacy of correspondence, telephone conversations, postal, telegraph and other messages, to the inviolability of home, freedom of movement, etc.
Deprivation of liberty is characterized by the following features:
- forced isolation of convicted persons from society for a period determined by a court verdict ( from 2 months to 20 years );
- placement of convicts in appropriate correctional institutions with various regimes of detention.
In the case of full or partial addition of terms of imprisonment when imposing punishment for an aggregate of crimes, the maximum term of imprisonment cannot exceed twenty-five years, and for an aggregate of sentences - no more than thirty years.
Commentary to Art. 56 Criminal Code
1. Deprivation of liberty is characterized by the following features: a) forced isolation of convicted persons from society for a period determined by a court verdict (from 2 months to 20 years); b) placement of convicts in appropriate correctional institutions with various regimes of detention.
2. It is prohibited to impose a sentence of imprisonment on persons who have committed a crime of minor gravity for the first time. Exceptions to this rule are: a) the presence of aggravating circumstances (Article 63 of the Criminal Code); b) committing crimes provided for in Part 1 of Art. 228, part 1 art. 231 and Art. 233 of the Criminal Code, regardless of the presence of aggravating circumstances; c) when the relevant article of the Special Part of the Criminal Code provides for deprivation of liberty as the only type of punishment.
Types of correctional institutions
The assignment of a type of correctional institution to those sentenced to imprisonment is carried out according to the rules of Article 58 of the Criminal Code of the Russian Federation.
In accordance with Art. 74 of the Penal Code of the Russian Federation, correctional institutions are:
- correctional colonies;
- educational colonies (Articles 132 - 142 of the Penal Code of the Russian Federation);
- prisons (Articles 130, 131 of the Penal Code of the Russian Federation);
- medical correctional institutions (Article 101 of the Penal Code of the Russian Federation).
“... Although the number of institutions executing punishment in the form of imprisonment includes medical correctional institutions (part 9 of article 16 of the Penal Code of the Russian Federation), in which, in accordance with part 8 of Article 74 of the Penal Code of the Russian Federation, persons with open forms of tuberculosis, alcoholism and drug addiction are serving their sentences , when such persons are sentenced to imprisonment, they must be assigned a type of correctional institution in accordance with Article 58 of the Criminal Code of the Russian Federation. Treatment of these convicts is organized in the manner established by the penal legislation, the administration of the correctional institution in which they are serving their sentences" (clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2014 N 9 "On the practice of appointing and changing types of correctional institutions by courts") .
Correctional colonies are intended for convicts who have reached the age of majority to serve imprisonment.
Correctional colonies are divided into:
- colony-settlements (Articles 128, 129 of the Penal Code of the Russian Federation);
- general regime correctional colonies (Articles 120, 121 of the Penal Code of the Russian Federation);
- strict regime correctional colonies (Articles 122, 123 of the Penal Code of the Russian Federation);
- special regime correctional colonies (Articles 124 - 127 of the Penal Code of the Russian Federation).
According to Part 1 of Art. 74 of the Penal Code of the Russian Federation, the functions of correctional institutions are also performed by pre-trial detention centers in relation to prisoners left to perform household maintenance work, and in relation to prisoners sentenced for a term of not more than six months, left in pre-trial detention centers with their consent.
The type of correctional colony (settlement colony, general, strict, special regime colony) depends on the gender of the convicted person, the form of guilt of the crime committed, its category, the presence or absence of recidivism, its type, as well as whether the person has previously served imprisonment (Resolution of the Plenum Supreme Court of the Russian Federation dated May 29, 2014 N 9 “On the practice of appointing and changing types of correctional institutions by courts”).
Third commentary to Article 56 of the Criminal Code of the Russian Federation
1. Deprivation of liberty involves strict isolation of the convicted person in places clearly defined by criminal law. We are talking about correctional institutions where convicts serve imprisonment. Along with these institutions, it is necessary to take into account pre-trial detention centers, which perform the functions of correctional institutions in relation to convicts left to perform household maintenance work, as well as in relation to convicts sentenced for a period of not more than six months, left in pre-trial detention centers with their consent (see: Article 77 of the Criminal Code of the Russian Federation and the Regulations on the pre-trial detention center of the penal system of the Ministry of Justice of the Russian Federation, approved by Order of the Ministry of Justice of Russia dated January 25, 1999 N 20 // Rossiyskaya Gazeta, 1999. March 18 (as amended according to the Order of the Ministry of Justice of Russia dated March 15, 2001 city N 85)). Federal Law of December 7, 2011 N 420-FZ, amending Part 1 of the commented article, established a ban on the application of punishment in the form of imprisonment to a convicted person who has committed a crime of minor gravity for the first time, except in cases where there are aggravating circumstances provided for in the article 63 of the Criminal Code. This prohibition does not apply to crimes provided for in Part 1 of Art. 228, part 1 art. 231 and Art. 233 of the Criminal Code, or cases where deprivation of liberty is provided for in the article of the Special Part as the only type of punishment.
2. The law sets strict limits on terms of imprisonment: from two months to 20 years. Persons sentenced to imprisonment serve their sentences in correctional institutions within the territory of the constituent entity of the Russian Federation in which they lived or were convicted. In exceptional cases, due to the state of health of convicts or to ensure their personal safety, or with their consent, convicts may be sent to serve their sentences in an appropriate correctional institution located on the territory of another constituent entity of the Russian Federation. For example, a number of categories of convicts cannot be sent to some areas to serve imprisonment for medical reasons. This is set out in detail in the List of medical contraindications for serving sentences in certain localities of the Russian Federation for those sentenced to imprisonment, approved by Order of the Ministry of Health of Russia and the Ministry of Justice of Russia of August 28, 2001 N 346/254 (Rossiyskaya Gazeta, 2001, November 13).
3. Convicts with open forms of tuberculosis, alcoholism and drug addiction serve their sentences in medical correctional institutions (Part 2 of Article 101 of the Penal Code of the Russian Federation). Treatment and preventive institutions perform the functions of correctional institutions in relation to the convicts in them.
4. Part 4 of the commented article determines the maximum term of imprisonment for the totality of crimes and sentences (no more than 25 and 30 years of imprisonment, respectively).
At the same time, in terms of the totality of crimes, the above period does not correspond to the period established according to the rules of Art. 69 of the Criminal Code, which refers to 30 years of imprisonment. This conflict must be urgently resolved. ‹ Article 55. Confinement in a disciplinary military unitUp Article 57. Life imprisonment ›
Imposing a sentence of imprisonment on minors
In accordance with Part 6 of Art. 88 of the Criminal Code of the Russian Federation, punishment in the form of imprisonment is imposed on convicted minors who committed crimes under the age of sixteen for a period of not more than six years. For the same category of minors who have committed especially serious crimes, as well as for other convicted minors, punishment is imposed for a period of not more than ten years (including when assigned based on a combination of crimes or sentences).
Punishment in the form of imprisonment cannot be imposed at all on a convicted minor who committed a crime of minor or moderate gravity for the first time at the age of sixteen, as well as on other juvenile convicts who committed crimes of minor gravity for the first time.
Second commentary to Art. 56 of the Criminal Code of the Russian Federation
1. Deprivation of liberty is a forced restriction of the freedom of movement of a convicted person, his isolation from society, the application of legal means and methods of correction to him in institutions specially designed for this with a special regime.
2. Punitive elements in deprivation of liberty are: imprisonment of the convicted person in a specially designed institution, limited contacts of the deprived of liberty with the outside world, special (regime) conditions for serving the prison term, forced influence on the convicted person for the purpose of his correction, the degree of duration of his isolation.
3. Deprivation of liberty consists of isolating a convicted person from society by sending him to a penal colony, placing him in an educational colony, a medical correctional institution, a general, strict or special regime correctional colony, or in prison.
4. Imprisonment cannot be applied to a convicted person who has committed a crime of minor gravity for the first time in the absence of aggravating circumstances provided for in Article 63 of the Criminal Code. This rule does not apply to persons who have committed crimes provided for in Part 1 of Art. 228, part 1 art. 231 or Article 233 of the Criminal Code, as well as in cases where deprivation of liberty is provided as the only punishment under the sanction of the corresponding article of the Criminal Code.
5. Imprisonment is established as a general rule for a period of two months to twenty years. However, if mandatory components are replaced or corrected
hard labor and deprivation of liberty may be imposed for a period of less than two months. And when assigning punishments for a set of crimes, the maximum term of imprisonment cannot be more than twenty-five years, and for a set of sentences - more than thirty years.
6. If the totality includes at least one of the crimes listed in Part 5 of Art. 56 of the Criminal Code, then in case of partial or full addition of punishments for a set of crimes, the maximum term of imprisonment cannot be more than thirty years, and for a set of sentences - more than thirty-five years.
7. Terms of imprisonment are calculated in months and years. The time a convicted person is kept in custody until the case is considered in court is counted towards the terms of imprisonment (including in the form of imprisonment) on a daily basis.
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Deprivation of liberty
- Part 1 56 of the Criminal Code
executed by serving in one of the types of institutions
When imprisonment is not imposed
- Part 1 56 of the Criminal Code
for a minor crime committed for the first time
Maybe even a little heavy
- Part 1 56 of the Criminal Code
under aggravating circumstances
- Part 1 56 of the Criminal Code
under three articles:
part 1 228
,
part 1 231
,
233 of the Criminal Code
- part 1 56 of the Criminal Code
if in the article of the Criminal Code deprivation of liberty is the only type of punishment
Term of imprisonment
- part 2 56 of the Criminal Code
prescribed in the range from 2 months to 20 years
- part 4 56 of the Criminal Code
for cumulative crimes maximum 25 years
- part 4 56 of the Criminal Code
cumulative sentence maximum 30 years
Features of imprisonment for terrorism
- part 5 56 of the Criminal Code
for cumulative crimes maximum 30 years
- part 5 56 of the Criminal Code
for cumulative sentences maximum 35 years
Plenum of the Supreme Court
- paragraph 26
Plenum No. 58, deprivation of liberty must be separately motivated
Additional Information
— Section IV
PEC. Execution of punishment in the form of imprisonment
Motivation
Motivation for punishment
in the verdict, justification for the type and amount of punishment
Article 56 of the Criminal Code. Imprisonment for a specified period
1) Deprivation of liberty consists of isolating the convicted person from society by sending him to serve his sentence in:
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- clause "a" part 1 58 of the Criminal Code
persons to whom a colony-settlement is assigned
- colony-settlement,
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- Part 3 58 Criminal Code
persons who are assigned to a correctional colony
- placement in an educational colony,
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- Part 2 101 PEC
for the treatment of tuberculosis, drug addiction therapeutic correctional
- medical correctional institution,
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- clause "b" part 1 58 of the Criminal Code
persons who are assigned - general regime
—
general regime correctional colony,
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- clause "c" part 1 58 of the Criminal Code
persons who are assigned to a strict regime
- a maximum security penal colony,
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- clause "g" part 1 58 of the Criminal Code
persons who are assigned a special regime
- special regime correctional colony,
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- Part 2 58 Criminal Code
persons assigned to prison
- prison.
Punishment in the form of imprisonment may be imposed on a convicted person who has committed a crime of minor gravity for the first time,
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Conditional sentence
Conditional sentence
for crimes of minor gravity (
Part 1 56 of the Criminal Code
)
only in the presence of aggravating circumstances provided for in Article 63 of the Criminal Code,
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— Note: but, according to Part 1 82.1 of the Criminal Code
these articles are included in the list of 3 articles for which it is possible to apply
the Deferment
for drug addicts
with the exception of:
- crimes provided for
in Part 1 228 of the Criminal Code
,
Part 1 231 of the Criminal Code
,
233 of the Criminal Code,
- or only if the relevant article of the Criminal Code provides for imprisonment as the only type of punishment.
2) imprisonment is established for a period of 2 months to 20 years.
3) Lost power.
4) Except for the cases provided for in Part 5 of this article, in case of partial or complete addition of terms, the maximum term of imprisonment is:
- when imposing penalties for a combination of crimes - cannot be more than 25 years,
— and when imposing punishments
based on the totality of sentences, it cannot be more than 30 years.
5) In case of commission of at least one of the crimes provided for in articles: 205
,
205.1, 205.2
,
205.3
,
205.4
,
205.5
,
part 3
-
part 4 206
,
part 4 210 Criminal Code
,
210.1
,
part 4 211, 277
,
278
,
279, 353, 356, 357, 358 and 360 , 361 of the Criminal Code in case of partial or complete addition of terms, the maximum term of imprisonment:
- when imposing penalties for a combination of crimes - cannot be more than 30 years,
— and when imposing penalties based on cumulative sentences, it cannot be more than 35 years.
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Imprisonment for a certain period as a type of criminal punishment
In accordance with Art. 56 of the Criminal Code of the Russian Federation, deprivation of liberty consists of isolating a convicted person from society by sending him to a penal colony or placing him in an educational colony, a medical correctional institution, a correctional colony of general, strict or special regime, or in prison. Imprisonment is the main type of punishment and is imposed only in cases where it is provided for by the sanction of an article of the Special Part of the Criminal Code of the Russian Federation. It has the most powerful impact on the convicted person, as it is associated with the imposition of certain legal restrictions on him. The convicted person is deprived of the right to free movement, limited in the use of his time, communication with loved ones, etc.
Imprisonment for a certain period of time in criminal law is provided in the following amounts:
– for a single crime – for a term from 2 months to 20 years;
– in the case of adding up terms of imprisonment when imposing sentences for a combination of crimes, the maximum term of imprisonment cannot be more than 25 years;
– based on the totality of sentences – no more than 30 years.
Those sentenced to imprisonment serve their sentences in correctional institutions with various types of regime. This is consistent with the principle of fairness. The severity of punishment in the form of imprisonment is largely determined by the type of correctional institution in which convicts are serving this type of sentence.
Punishment in the form of imprisonment is served in the following correctional institutions:
– colony-settlements;
– general regime correctional colonies;
– maximum security correctional colonies;
– special regime correctional colonies;
– general regime educational colonies;
- prisons.
The choice of a correctional institution for serving a sentence of imprisonment depends on various factors, which include: the age of the convicted person, the form of guilt, gender, the category of severity of the crime, the multiplicity of crimes, the size of the punishment.
Article 58 of the Criminal Code of the Russian Federation establishes the rules for determining the type of correctional institution in which the convicted person will serve his imprisonment:
a) those convicted of crimes committed through negligence, as well as persons sentenced to imprisonment for committing intentional crimes of minor and medium gravity, who have not previously served imprisonment - in colony settlements. Taking into account the circumstances of the commission of the crime and the identity of the perpetrator, the court may assign the indicated persons to serve their sentences in general regime correctional colonies, indicating the reasons for the decision;
b) men sentenced to imprisonment for committing serious crimes who have not previously served imprisonment, as well as women sentenced to imprisonment for committing serious and especially serious crimes, including any type of recidivism - in general regime correctional colonies;
c) men sentenced to imprisonment for committing especially serious crimes, who have not previously served imprisonment, as well as in case of relapse or dangerous recidivism of crimes, if the convicted person has previously served imprisonment - in high-security correctional colonies;
d) men sentenced to life imprisonment, as well as in cases of particularly dangerous recidivism - in special regime correctional colonies;
e) for men sentenced to imprisonment for committing especially serious crimes for a term of more than 5 years, as well as in the case of a particularly dangerous recidivism of crimes, serving part of the sentence may be assigned in prison, while the court counts the time the convicted person is in custody until it enters into legal force conviction while serving a sentence in prison;
f) persons sentenced to imprisonment who have not reached 18 years of age at the time the court pronounces the verdict are assigned to serve their sentence in educational colonies.
Thus, the legislator excluded women from serving their sentences in the form of imprisonment in maximum security colonies.
When imposing a sentence for a certain period, the court must be guided by the provisions of Art. 58 of the Criminal Code of the Russian Federation, choosing the regime of a correctional institution. But at the same time, he has the right to choose whether or not to serve part of the sentence in prison.
The most severe conditions for serving imprisonment are associated with prison. The scope of restrictions in correctional colonies is also unequal: less strict in general regime colonies, more strict in maximum security colonies, and in special regime colonies in a number of elements it approaches the prison level.
Less severe legal restrictions are established in educational colonies. Juvenile offenders, to a greater extent than adults, enjoy the right to receive parcels and packages and to have visits. They should be provided with favorable conditions for continuing general and vocational education.
Within one correctional colony, those sentenced to imprisonment may be subject to ordinary, simplified and strict conditions of serving their sentence, provided for by the type of regime of that colony.
For convicts held in prisons, general and strict regimes are established. Changes in the conditions of serving a sentence within one correctional institution are made by decision of the commission of this institution, in the work of which representatives of local government bodies can participate.
A change in the type of correctional institution appointed by a sentence is made by the court in accordance with the criminal executive legislation of the Russian Federation.
In accordance with Art. 57 of the Criminal Code of the Russian Federation, life imprisonment is established only as an alternative to the death penalty for committing especially serious crimes that encroach on life, and can be imposed in cases where the court deems it possible not to apply an exceptional measure of punishment.
Thus, according to the new Criminal Code of the Russian Federation, life imprisonment is for the first time defined as an independent type of punishment and can be imposed not only in the order of pardon by the President of the Russian Federation of persons sentenced to death, but also by the court when imposing punishment, subject to the conditions specified in Art. 57 of the Criminal Code of the Russian Federation.
Criminal legislation provides for the possibility of release from serving a sentence for persons sentenced to life imprisonment, determining that such a person can be released on parole if the court finds that he does not need to further serve this sentence and has actually served at least 25 years of imprisonment freedom (Article 79 of the Criminal Code of the Russian Federation).
Life imprisonment is currently provided not only in those articles of the Special Part of the Criminal Code of the Russian Federation, which provide for the death penalty as a punishment. Now, due to the strengthening of terrorist activities in criminal legislation, life imprisonment is used as an independent type of punishment for committing terrorist acts (Article 205 of the Criminal Code of the Russian Federation).
The legislator limited the use of life imprisonment for a number of persons, establishing that it cannot be assigned to women, as well as persons who committed crimes under the age of 18, and men who had reached the age of 65 by the time the court passed the sentence. This limitation is natural, since the share of female crime is only about 10% of total crime. Minors cannot fully understand the social danger of their crime, and persons whose age has exceeded 65 years, if they are sentenced to life imprisonment, will not be able to practically take advantage of parole.
In accordance with Art. 56 of the Criminal Code of the Russian Federation, deprivation of liberty consists of isolating a convicted person from society by sending him to a penal colony or placing him in an educational colony, a medical correctional institution, a correctional colony of general, strict or special regime, or in prison. Imprisonment is the main type of punishment and is imposed only in cases where it is provided for by the sanction of an article of the Special Part of the Criminal Code of the Russian Federation. It has the most powerful impact on the convicted person, as it is associated with the imposition of certain legal restrictions on him. The convicted person is deprived of the right to free movement, limited in the use of his time, communication with loved ones, etc.
Imprisonment for a certain period of time in criminal law is provided in the following amounts:
– for a single crime – for a term from 2 months to 20 years;
– in the case of adding up terms of imprisonment when imposing sentences for a combination of crimes, the maximum term of imprisonment cannot be more than 25 years;
– based on the totality of sentences – no more than 30 years.
Those sentenced to imprisonment serve their sentences in correctional institutions with various types of regime. This is consistent with the principle of fairness. The severity of punishment in the form of imprisonment is largely determined by the type of correctional institution in which convicts are serving this type of sentence.
Punishment in the form of imprisonment is served in the following correctional institutions:
– colony-settlements;
– general regime correctional colonies;
– maximum security correctional colonies;
– special regime correctional colonies;
– general regime educational colonies;
- prisons.
The choice of a correctional institution for serving a sentence of imprisonment depends on various factors, which include: the age of the convicted person, the form of guilt, gender, the category of severity of the crime, the multiplicity of crimes, the size of the punishment.
Article 58 of the Criminal Code of the Russian Federation establishes the rules for determining the type of correctional institution in which the convicted person will serve his imprisonment:
a) those convicted of crimes committed through negligence, as well as persons sentenced to imprisonment for committing intentional crimes of minor and medium gravity, who have not previously served imprisonment - in colony settlements. Taking into account the circumstances of the commission of the crime and the identity of the perpetrator, the court may assign the indicated persons to serve their sentences in general regime correctional colonies, indicating the reasons for the decision;
b) men sentenced to imprisonment for committing serious crimes who have not previously served imprisonment, as well as women sentenced to imprisonment for committing serious and especially serious crimes, including any type of recidivism - in general regime correctional colonies;
c) men sentenced to imprisonment for committing especially serious crimes, who have not previously served imprisonment, as well as in case of relapse or dangerous recidivism of crimes, if the convicted person has previously served imprisonment - in high-security correctional colonies;
d) men sentenced to life imprisonment, as well as in cases of particularly dangerous recidivism - in special regime correctional colonies;
e) for men sentenced to imprisonment for committing especially serious crimes for a term of more than 5 years, as well as in the case of a particularly dangerous recidivism of crimes, serving part of the sentence may be assigned in prison, while the court counts the time the convicted person is in custody until it enters into legal force conviction while serving a sentence in prison;
f) persons sentenced to imprisonment who have not reached 18 years of age at the time the court pronounces the verdict are assigned to serve their sentence in educational colonies.
Thus, the legislator excluded women from serving their sentences in the form of imprisonment in maximum security colonies.
When imposing a sentence for a certain period, the court must be guided by the provisions of Art. 58 of the Criminal Code of the Russian Federation, choosing the regime of a correctional institution. But at the same time, he has the right to choose whether or not to serve part of the sentence in prison.
The most severe conditions for serving imprisonment are associated with prison. The scope of restrictions in correctional colonies is also unequal: less strict in general regime colonies, more strict in maximum security colonies, and in special regime colonies in a number of elements it approaches the prison level.
Less severe legal restrictions are established in educational colonies. Juvenile offenders, to a greater extent than adults, enjoy the right to receive parcels and packages and to have visits. They should be provided with favorable conditions for continuing general and vocational education.
Within one correctional colony, those sentenced to imprisonment may be subject to ordinary, simplified and strict conditions of serving their sentence, provided for by the type of regime of that colony.
For convicts held in prisons, general and strict regimes are established. Changes in the conditions of serving a sentence within one correctional institution are made by decision of the commission of this institution, in the work of which representatives of local government bodies can participate.
A change in the type of correctional institution appointed by a sentence is made by the court in accordance with the criminal executive legislation of the Russian Federation.
In accordance with Art. 57 of the Criminal Code of the Russian Federation, life imprisonment is established only as an alternative to the death penalty for committing especially serious crimes that encroach on life, and can be imposed in cases where the court deems it possible not to apply an exceptional measure of punishment.
Thus, according to the new Criminal Code of the Russian Federation, life imprisonment is for the first time defined as an independent type of punishment and can be imposed not only in the order of pardon by the President of the Russian Federation of persons sentenced to death, but also by the court when imposing punishment, subject to the conditions specified in Art. 57 of the Criminal Code of the Russian Federation.
Criminal legislation provides for the possibility of release from serving a sentence for persons sentenced to life imprisonment, determining that such a person can be released on parole if the court finds that he does not need to further serve this sentence and has actually served at least 25 years of imprisonment freedom (Article 79 of the Criminal Code of the Russian Federation).
Life imprisonment is currently provided not only in those articles of the Special Part of the Criminal Code of the Russian Federation, which provide for the death penalty as a punishment. Now, due to the strengthening of terrorist activities in criminal legislation, life imprisonment is used as an independent type of punishment for committing terrorist acts (Article 205 of the Criminal Code of the Russian Federation).
The legislator limited the use of life imprisonment for a number of persons, establishing that it cannot be assigned to women, as well as persons who committed crimes under the age of 18, and men who had reached the age of 65 by the time the court passed the sentence. This limitation is natural, since the share of female crime is only about 10% of total crime. Minors cannot fully understand the social danger of their crime, and persons whose age has exceeded 65 years, if they are sentenced to life imprisonment, will not be able to practically take advantage of parole.
