Probation for premeditated murder. Article 105 part 1 of the Criminal Code of the Russian Federation.

Types (conditionally imposed punishments)

When imposing certain punishments, it is possible to replace a person’s imprisonment with a suspended sentence. Scroll:

• correctional work, regardless of its duration;
• restrictions related to the armed forces (correctional work intended for contract soldiers);
• imprisonment (if the sentence for the criminal act is no more than 8 years);
• being in a disciplinary military unit is an analogue of imprisonment, but only for persons undergoing military service under a contract or on an urgent basis.

If the judge can apply the norm of Art. 73 of the Criminal Code of the Russian Federation for conditional imprisonment, this does not mean that in reality he will definitely do this. This is the authority given to him by the Criminal Code of the Russian Federation. But the judge is not required to do this. The use of a suspended sentence must be motivated. This is the result of an analysis of the personality of the criminal, his character, and the danger of the illegal act for society.

If the verdict of a judicial authority contains a condition that a person is released conditionally, this does not mean that the person is thereby released from correctional labor or imprisonment. The application of a suspended sentence cannot be equated with release from punishment.

The law prescribes the grounds on which a person who has been convicted is exempt from serving his sentence:

• he served his sentence;
• revocation of sentence;
• parole;
• mitigation of punishment;
• act of pardoning a convicted person;
• holding amnesties;
• serious illness.

Replacement with real punishment

The court has the authority to revoke a suspended sentence and order the actual execution of the sentence if:

• systematic bringing to administrative responsibility related to violation of public order;
• facts of non-fulfillment of duties;
• if the convicted person escaped control.

A similar decision may be made if the court previously extended the probationary period due to the convict’s evasion of compensation for damage, and during the extended period he continues to do so.

In any case, when considering petitions, the penal inspectorate, in order to supplement duties, extend the probationary period, cancel the suspended sentence and bring the sentence to actual execution, determines the reasons for the violations.

To avoid negative consequences, they must be significant and recognized as respectful. For example, a valid reason may be illness, hospital stay, etc. The validity of such reasons must be confirmed not only with words, but also, if possible, with documents, for example, a doctor’s certificate, sick leave, etc.

Consequences of committing criminal offenses during probation

If a crime is committed through negligence or intentionally of minor or moderate gravity, the court has the right to decide whether the conviction under the first sentence is suspended in a new sentence. There may be options:

• the suspended sentence remains so and the sentence is carried out independently;
• the suspended sentence is revoked, and part or all of the punishment for the first sentence is added to the punishment for the second crime.

If an intentional grave or especially grave crime is committed, the conditional sentence without options must be revoked, and the punishment must be imposed based on the totality of sentences by adding up the sentences on them in whole or in part.

What does the court consider when making a sentence?

A suspended sentence is a court sentence. It does not bind a person to imprisonment. According to the Criminal Code of the Russian Federation, conditional sentences can only be basic. In Art. 73, part 1 contains a list of punishments applied as suspended sentences. The list is exhausted.

What is the judge guided by when assigning such a punishment? In his opinion, a citizen can reform without imprisonment being applied to him in reality. Therefore, if the period of punishment for committing an unlawful act is up to eight years, then the judge can use a suspended sentence.

Form of punishment

Within the framework of criminal legislation, restriction of the offender’s freedom is provided as:

• The main punishment.
• Additional.

The first option is established by the court for a certain category of offenses - crimes of minor and medium gravity (period from 2 months to 4 years).

Additional punishment in the form of restriction of freedom (for a period of 6 months to 2 years) is closely related to the main punishment, which, in turn, is imprisonment.

Criteria for applying probation

In the dictionary D.N. Ushakova

CONDITIONAL, conditional, conditional; conditional, conditional, conditional. 1. only ·full. forms. Established by condition, understandable, known only to those who agreed. Conventional sign. Conditional address. Conventional language. 2. Stipulated by some condition, dependent on a condition, valid only in the presence of some conditions; ant. unconditional. Suspended sentence. He was sentenced to probation (adv.). He gave conditional consent. I agreed only conditionally (adv.). Conditioned reflexes (reactions of the body that are repeated under some specific external irritation - the term of Academician Pavlov). 3. True, valid only in a relative sense, capable of becoming different under other conditions, which is a convention (see convention" title='what is convention, the meaning of the word convention in Ushakov's dictionary'>conditionality in 2 meanings). “Think about this calmly, and you will say for yourself that everything in the world is conditional.” Lermontov. Everything you say is very conditional. 4. Based on the rejection of a realistic perception of reality, replacing the imitation of reality with its symbolic designation (about the style of theatrical art; theater.). Conditional theater. Shakespeare was staged in conventional settings. The performance is in a conventional style. 5. Containing the value of the condition (compare the condition in 6 and 7 values; *****

Probation procedures

What does a suspended sentence mean for a person? If he is on probation, he falls under the control of a criminal correctional inspector. The purpose of this event is to prove that the person has a great desire to improve.

A suspended sentence contains restrictions for the convicted person. The probationary period of a suspended sentence lasts from 6 months to 1.5 years, if the real term is up to a year: this is the only way to calculate the time frame. The maximum suspended probationary period can last from 6 months to five years, if the punishment, which would provide for actual imprisonment, is more than 1 year.

Extension of the test is allowed, but for a period of no more than 12 months and once. This is a precautionary measure. It is applied to a citizen if:

1. He does not comply with the demands of the curator who exercises control over him. And this is not the first time he has done this.
2. The conditionally convicted person left his place of registration.
3. Does not follow the restrictions that are placed on him.
4. He violates the deadlines for visiting a supervisory authority employee to make notes on the regime of serving the sentence.

After the judge reads the verdict at the hearing, the person will already know that he has been sentenced to a suspended sentence. But so far the punishment has not been implemented in the courtroom. This is explained by the fact that such punishment goes through a number of successive stages before it is applied in practice. In particular:

1. The court office forwards the verdict to the criminal correctional commission.
2. Members of the criminal correctional commission get acquainted with the case materials. They do this for 15 days, after which they assign the convicted citizen a curator who will guide him throughout the entire period of the trial.
3. The curator prepares a notification for the convicted person.
4. The latter receives it and is registered within 3 days.
5. It arrives at the address indicated in the notice. There, a person is subjected to photo and fingerprinting procedures in order to avoid replacing one person with another.
6. The convicted person is explained his rights, as well as the restrictions imposed in connection with the new status.

These are restrictions for a person who is on probation. What other measures can be applied to him? There is a whole list of restrictions for a suspended citizen. They are as follows:

1. At certain times, a citizen cannot leave the apartment.
2. He is prohibited from attending events that are entertaining in nature and do not contribute to his correction.
3. The sentenced person has a place of residence, he has no right to leave it.
4. Participation in mandatory events. For example, this could be community service.

Besides:

• ban on alcoholic beverages, taking narcotic drugs, psychotropic medications;
• referral for compulsory treatment if a person has problems with drugs and alcohol.

What is the limitation of freedom?

The accused has no right:

1. Leave your house, apartment, or other place of residence within a specified time interval.
2. Travel outside the territory permitted by the court for stay,
3. Attend cultural events, as well as take direct part in them.
4. Change your place of residence, stay, or education at will, without coordinating your actions with the penal inspection, which in turn monitors the serving of the sentence.

The restriction on a convicted person to change his place of residence or stay is established by the court and is mandatory (this also includes leaving the established territorial boundaries related to the relevant municipality).

For all changes in the life of a convicted person, it is necessary to obtain consent from a specialized government agency.

To whom it is not assigned

The court may not always impose a suspended sentence. This is the right of a judge: the law cannot oblige an official to release citizens on conditional release. And the judge is also bound by a number of restrictions under which a suspended sentence cannot be imposed:

1. Sexual offense based on the immunity of a citizen recognized as a minor.
2. Crimes provided for in certain articles of the Criminal Code of the Russian Federation.
3. Relapse.
4. Committing an offense that, by its category, is classified as grave or especially grave.

What is conditional imprisonment

It is not always the case that a person who has committed an offense is so dangerous to society that he needs to be placed in a penitentiary institution. In addition, such a measure can be chosen as a preventive one if the offense was committed for the first time, and in general the citizen is characterized from a positive point of view.

A suspended sentence means the implementation of a conviction in which there is no need to isolate a person in a penitentiary institution. Instead, a test is provided in the form of meeting discipline and socialization requirements over a specified period of time.

Restrictions for a probationer

There is a whole list of restrictions, and they are as follows:

1. Determining the time period when a person cannot leave his home.
2. Restrictions on visiting places of entertainment.
3. Determination of the place of residence of the sentenced person and a ban on leaving a certain geographical area.
4. Completing mandatory social activities: study, social activities, work.

Cancellation of probation

Cancellation occurs in two ways:

1. The convicts have undergone correction.
2. The need to replace the suspended sentence with a real one.

In addition, the law does not prohibit the cancellation of a suspended sentence early. This is a kind of encouragement for a person. This measure is possible subject to a number of conditions:

1. At least half of the probationary period has passed.
2. The convict proved that he had reformed. He compensated for the damage caused as a result of the crime he committed. Moreover, it matters if the damage is repaid by half.
3. At the same time, the issue of expunging a person’s criminal record is resolved.

There is also a sadder development of events. It consists in the fact that the conditional punishment is replaced by a real one. There are also conditions for this:

• systematic evasion of compensation for harm;
• regular violation of the duties imposed on him by the court;
• evasion of compensation for damage caused as a result of the crime committed;
• repeated violation of public order, bringing a person to administrative responsibility;
• the convict left the geographical zone, thereby escaping the control of the curator;
• commission by the convicted person of a crime that is classified as especially grave.

Extension of probationary period

This is allowed once, for a period not exceeding 12 months. An extension is allowed in relation to a conditionally convicted citizen if:

1. He does not comply with the requirements of the employee who supervises him. And this is not the first time he has done this.
2. The conditionally convicted person left the place specified by his registration.
3. He did not comply with the restrictions imposed on him by the court.
4. He violates the deadlines for visiting a supervisory authority employee to make notes on the regime of serving the sentence.

Replacement with real punishment

The law fights for a suspended citizen to the last possible extent. Replacement for a real period occurs if there is no hope that the person will improve. For example, he did not fulfill the duties assigned to him by the court. Or he hid from his curator, although he knew that this should not be done. In this situation, the court makes a decision that the suspended sentence is replaced by a real term of imprisonment.

But before doing this, the curator, represented by the inspectorate, submits a petition to the court to extend the trial period.
The convicted person is informed about this. And only then, if this measure does not have its effect, the conditional release is cancelled. Order a free legal consultation

Extension of probationary period

If the duties were not fulfilled or were not fulfilled in full, the inspection may prepare and send documents to the court to supplement them.

Also read: How is confiscation of property carried out in the criminal law of the Russian Federation: in what cases is this possible?

If the convicted person completely evaded fulfillment of duties or compensation for damage, violated public order, for which he was brought to administrative responsibility, the court has the right to extend the probationary period for no more than 1 year.

An ordinary brawl ended badly

The initial data is quite banal. 25-year-old Nikolai had an argument with a couple of friends during a get-together in a cafe and went out to “sort things out” with one of them. The trial did not last long - Nikolai’s opponent hit him in the face with his fist, causing Nikolai to stagger, trip over a ledge on the asphalt and hit his head on a step. Death.

Then everything follows the process: interviewing witnesses, examination, trial.

It turned out that the culprit of the conflict was Nikolai, who spoke obscenely and extremely offensively about his subsequent opponent in the fight.

The relatives of the deceased hoped, if not for the most severe punishment, then at least for several years of a real prison sentence.

But the results of the trial were very unexpected: the culprit received a suspended sentence of 1 year. Well, the court clarified the right of the victims to demand compensation from him in a civil manner.

The court found that the defendant had no intent to kill, and therefore he does not face severe punishment - only a symbolic 1 year in prison!