Deferment of execution of a court sentence in a criminal case

1. The execution of a sentence convicting a person to compulsory labor, correctional labor, restriction of freedom, arrest or imprisonment may be postponed by the court for a certain period if one of the following grounds is present: 1) illness of the convicted person, which prevents him from serving the sentence - until he recovers; 2) the convict is pregnant or has young children, the convict, who is a single parent, has young children - until the youngest child reaches the age of fourteen, with the exception of those sentenced to restriction of freedom, imprisonment for crimes against the sexual integrity of minors under the age of fourteen years, or imprisonment for a term of more than five years for grave and especially grave crimes against the person; 3) grave consequences or the threat of their occurrence for the convicted person or his close relatives, caused by a fire or other natural disaster, serious illness or death of the only able-bodied family member, other exceptional circumstances - for a period established by the court, but not more than 6 months; 4) the voluntary desire of a person sentenced to imprisonment for committing crimes for the first time, provided for in part one of Article 228, part one of Article 231 and Article 233 of the Criminal Code of the Russian Federation, recognized as a drug addict, to undergo a course of treatment for drug addiction, as well as medical and social rehabilitation - until the end a course of treatment for drug addiction and medical and social rehabilitation, but not more than five years.

2. Payment of a fine may be deferred or spread over a period of up to five years if immediate payment is impossible for the convicted person.

3. The issue of deferring the execution of a sentence is decided by the court at the request of the convicted person, his legal representative, close relatives, defense lawyer, or on the proposal of the prosecutor.

Grounds and terms of deferment

What is a deferment of execution of a court sentence in a criminal case and how is it granted - established by Art. 398 Code of Criminal Procedure of the Russian Federation. This is an exceptional measure that requires the presence of valid reasons for its application by the court.

The law provides only 4 grounds for granting a deferment:

1. The convicted person is ill, and the illness does not allow him to serve the sentence immediately upon entry into force of the sentence. The deferment period is until recovery. Both illness and recovery must be confirmed by a medical certificate.
2. Pregnancy, the presence of a young (under 14 years old) child of a convicted person, or the presence of a young child of a convicted person who is a single parent. The deferment period is until the child turns 14 years old. It does not apply to persons:

• sentenced to restriction of freedom;
• convicted of sexual offenses against minors;
• sentenced to more than 5 years of imprisonment for grave/especially grave crimes against the person (Articles of Section VII of the Criminal Code of the Russian Federation)
• sentenced to imprisonment for crimes of a terrorist and related nature (full list of articles - clause 2, part 1, article 398 of the Criminal Code of the Russian Federation).

1. Existence of exceptional circumstances - deferment period up to 6 months:

• a fire or natural disaster that resulted in serious consequences or the threat of such consequences for the convicted person or his relatives;
• death or serious illness of the only able-bodied family member (breadwinner);
• other similar circumstances that the court recognizes as exceptional.

1. The desire of a drug addict convicted of a crime under Part 1 of Art. 228, part 1 art. 231 or Art. 233 of the Criminal Code of the Russian Federation (drug trafficking), undergo an appropriate course of treatment and rehabilitation. The deferment period is until the end of the course, but not more than 5 years.

These grounds apply only in situations where punishment is imposed in the form of imprisonment, restriction of freedom, arrest, forced, corrective or compulsory labor.

A deferment or installment payment of the fine may be applied to all elements of the crime and in relation to any accused who have been sentenced to a fine (primary/additional punishment). The only reason is that the convicted person cannot execute such a punishment immediately and in full. The period of deferment (installment plan) is determined by the court, but cannot exceed 5 years.

Deferred execution of a sentence, where to go: what to do, help from a lawyer in the regions of the Russian Federation

• Altai (republic) Gorno-Altaisk

Procedure for granting a deferment

The granting of a deferment applies, in accordance with Art.
399 of the Code of Criminal Procedure of the Russian Federation, to issues related to the execution of the sentence. For these issues, a special procedure for resolving them is provided. How to defer execution of a sentence? The reason for the court to consider a deferment of the sentence is a petition from an interested person. Such a person may be the convicted person himself, his close relative or legal representative, as well as a lawyer or prosecutor. The petition (prosecutor's presentation) is submitted to the court (judge) that issued the sentence. Its consideration is the competence of this particular court (judge).

The petitioner or the prosecutor has the right to request any period of deferment within the limits permitted by Art. 398 Code of Criminal Procedure of the Russian Federation. Convicts usually ask for the maximum possible period of time.

Procedure for consideration of the application:

1. The court appoints the place and time of the hearing, notifying interested parties, including victims and their representatives.
2. A meeting to consider the issue of deferment is held after 14 days from the date of notification of its appointment.
3. All interested parties can participate in it personally, through a representative, together with him or through video conferencing. The presence of the person filing the petition (representation) is considered a mandatory condition. The prosecutor has the right to participate in the meeting to consider the petition of the convicted person (his representative, lawyer, or other persons).
4. During the meeting, the floor is first given to the person who submitted the petition. His position and arguments are listened to and the evidence presented by him is studied to satisfy the request. Next, the court examines all materials and listens to the opinions of other participants in the meeting. The injured party has the right to object to the granting of a deferment. However, in this case, only arguments on the merits of the issue can be taken into account. In fact, the victim can only refer to the lack of grounds for granting a deferment. References to the fact that such a decision would be unfair, etc., should not be formally taken into account by the court. In addition, the victim’s disagreement is not a basis for refusing to satisfy the petition.
5. After studying the opinions of all participants, examining the materials and presented evidence, the court makes a decision. There are two options - either the petition (representation) is granted and a specific period of deferment is established, or not. In any case, the court is obliged to give reasons for its decision.

Download the convicted person’s petition to defer the execution of the sentence (sample)

If any of the meeting participants disagree with the decision made, it can be appealed. In this case, the general procedure for appealing judicial acts will apply.

Process

Applications for deferment are considered at a court hearing with the mandatory participation of a prosecutor. The convicted person, as a rule, is also invited to the court hearing, but the court session can be held without him if the convicted person’s appearance is impossible. At the request of the applicant, a lawyer may be involved in the process.

If the application for deferment is related to health conditions, a member of the medical commission who gave an opinion on the illness incompatible with imprisonment is invited to the court hearing.

Upon applications for deferment of payment of a fine, a bailiff is invited to court.