Article 308 of the Code of Criminal Procedure of the Russian Federation. The operative part of the guilty verdict

New edition of Art. 308 Code of Criminal Procedure of the Russian Federation

1. The operative part of the guilty verdict must indicate:

1) last name, first name and patronymic of the defendant;

2) a decision to find the defendant guilty of committing a crime;

3) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for the crime of which the defendant was found guilty;

4) the type and amount of punishment imposed on the defendant for each crime of which he was found guilty;

5) the final penalty to be served on the basis of Articles 69 - 72 of the Criminal Code of the Russian Federation;

6) the type of correctional institution in which the person sentenced to imprisonment must serve his sentence, and the regime of this correctional institution;

7) the duration of the probationary period in case of a suspended sentence and the responsibilities that are assigned to the convicted person;

decision on additional types of punishment in accordance with Article 45 of the Criminal Code of the Russian Federation;

9) a decision to count the time of preliminary detention, if the defendant was detained before the sentencing, or preventive measures were applied to him in the form of detention, house arrest, a ban on certain actions provided for in paragraph 1 of part six of Article 105.1 of this Code, or he was placed in a medical organization providing medical care in an inpatient setting, or in a medical organization providing psychiatric care in an inpatient setting;

10) the decision on the preventive measure against the defendant before the sentence enters into legal force;

11) a decision on the procedure for a convicted person to proceed to the place of serving his sentence if he is assigned to serve imprisonment in a colony-settlement;

12) restrictions that are established for a person sentenced to punishment in the form of restriction of freedom.

2. If the defendant is charged under several articles of the criminal law, then the operative part of the sentence must clearly indicate which of them the defendant is acquitted of and which of them he is convicted of.

3. In cases where the defendant is released from serving a sentence, a deferment of serving a sentence is applied, or a sentence is passed without imposing a penalty, this is also indicated in the operative part of the sentence.

4. If a fine is imposed as the main or additional type of criminal punishment, the operative part of the sentence shall indicate the information required in accordance with the rules for filling out settlement documents for the transfer of the amount of the fine, provided for by the legislation of the Russian Federation on the national payment system.

Another comment on Art. 308 of the Criminal Procedure Code of the Russian Federation

1. In this part of the conviction, decisions are formulated: to find the defendant guilty of committing a crime, indicating the norm of the criminal law providing for this crime and punishment for it; about the type and amount of punishment that the court considered necessary to impose on the perpetrator, as well as about the type and regime of the correctional institution in which the convicted person will serve his sentence, etc.

When assigning punishment to a defendant for a set of crimes, it is necessary to determine the punishment for each crime separately, and then calculate the final punishment depending on the category of crimes (Article 69 of the Criminal Code). The rules for imposing punishment based on the totality of sentences are established by Art. 70 CC.

2. The decision to acquit the defendant of some of the crimes with which he was charged is also indicated in the operative part of the conviction. In addition, this part of the conviction must contain decisions on imposing an additional type of punishment, on counting the time of the defendant’s preliminary detention in custody, on the measure of restraint before the sentence enters into legal force.

Article 308 of the Code of Criminal Procedure of the Russian Federation. The operative part of the guilty verdict (current version)

1. The operative part of the guilty verdict must indicate:

1) last name, first name and patronymic of the defendant;

2) a decision to find the defendant guilty of committing a crime;

3) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for the crime of which the defendant was found guilty;

4) the type and amount of punishment imposed on the defendant for each crime of which he was found guilty;

5) the final penalty to be served on the basis of Articles 69 - 72 of the Criminal Code of the Russian Federation;

6) the type of correctional institution in which the person sentenced to imprisonment must serve his sentence, and the regime of this correctional institution;

7) the duration of the probationary period in case of a suspended sentence and the responsibilities that are assigned to the convicted person;

decision on additional types of punishment in accordance with Article 45 of the Criminal Code of the Russian Federation;

9) a decision to count the time of preliminary detention, if the defendant was detained before the sentencing, or preventive measures were applied to him in the form of detention, house arrest, a ban on certain actions provided for in paragraph 1 of part six of Article 105.1 of this Code, or he was placed in a medical organization providing medical care in an inpatient setting, or in a medical organization providing psychiatric care in an inpatient setting;

10) the decision on the preventive measure against the defendant before the sentence enters into legal force;

11) a decision on the procedure for a convicted person to proceed to the place of serving his sentence if he is assigned to serve imprisonment in a colony-settlement;

12) restrictions that are established for a person sentenced to punishment in the form of restriction of freedom.

2. If the defendant is charged under several articles of the criminal law, then the operative part of the sentence must clearly indicate which of them the defendant is acquitted of and which of them he is convicted of.

3. In cases where the defendant is released from serving a sentence, a deferment of serving a sentence is applied, or a sentence is passed without imposing a penalty, this is also indicated in the operative part of the sentence.

4. If a fine is imposed as the main or additional type of criminal punishment, the operative part of the sentence shall indicate the information required in accordance with the rules for filling out settlement documents for the transfer of the amount of the fine, provided for by the legislation of the Russian Federation on the national payment system.

Criminal Procedure Code of the Russian Federation:

Article 308. The operative part of the conviction

1. The operative part of the guilty verdict must indicate:

1) last name, first name and patronymic of the defendant;

2) a decision to find the defendant guilty of committing a crime;

3) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for the crime of which the defendant was found guilty;

4) the type and amount of punishment imposed on the defendant for each crime of which he was found guilty;

5) the final penalty to be served on the basis of Articles 69 - 72 of the Criminal Code of the Russian Federation;

6) the type of correctional institution in which the person sentenced to imprisonment must serve his sentence, and the regime of this correctional institution;

7) the duration of the probationary period in case of a suspended sentence and the responsibilities that are assigned to the convicted person;

decision on additional types of punishment in accordance with Article 45 of the Criminal Code of the Russian Federation;

9) a decision to count the time of preliminary detention, if the defendant was detained before the sentencing, or preventive measures were applied to him in the form of detention, house arrest, a ban on certain actions provided for in paragraph 1 of part six of Article 105.1 of this Code, or he was placed in a medical organization providing medical care in an inpatient setting, or in a medical organization providing psychiatric care in an inpatient setting;

10) the decision on the preventive measure against the defendant before the sentence enters into legal force;

11) a decision on the procedure for a convicted person to proceed to the place of serving his sentence if he is assigned to serve imprisonment in a colony-settlement;

12) restrictions that are established for a person sentenced to punishment in the form of restriction of freedom.

2. If the defendant is charged under several articles of the criminal law, then the operative part of the sentence must clearly indicate which of them the defendant is acquitted of and which of them he is convicted of.

3. In cases where the defendant is released from serving a sentence, a deferment of serving a sentence is applied, or a sentence is passed without imposing a penalty, this is also indicated in the operative part of the sentence.

4. If a fine is imposed as the main or additional type of criminal punishment, the operative part of the sentence shall indicate the information required in accordance with the rules for filling out settlement documents for the transfer of the amount of the fine, provided for by the legislation of the Russian Federation on the national payment system.

Return to the table of contents of the document: Criminal Procedure Code of the Russian Federation in the current edition

Everything about criminal cases

Go to the text of the Code of Criminal Procedure

Url Additional information:

Questions along with the verdict

- part 1 313 of the Code of Criminal Procedure

care arrangements for the accused's dependents

- Part 2 313 Code of Criminal Procedure

measures to protect the property of the accused

- Part 2.1 313 Code of Criminal Procedure

measures of state protection of a convicted person

- Part 3 313 Code of Criminal Procedure

a separate resolution on payment to the state lawyer

- Part 4 313 Code of Criminal Procedure

You can make a petition after the verdict

Information to the victim

- Part 5 313 ​​Code of Criminal Procedure

request for information before the end of the debate

- Part 5 313 ​​Code of Criminal Procedure

a decision is made to notify the victim

- Part 5 313 ​​Code of Criminal Procedure

The decision to notify the victim shall indicate:

- Part 5 313 ​​Code of Criminal Procedure

information to be provided to the victim

- Part 5 313 ​​Code of Criminal Procedure

notification address

- Part 5 313 ​​Code of Criminal Procedure

explains the need to report a change of address

- Part 5 313 ​​Code of Criminal Procedure

a copy of the decision to the body executing the punishment

- Part 5 313 ​​Code of Criminal Procedure

copy to the victim

Informing the victim

Victim's petition

on obtaining information about a convicted person

Article 313 of the Code of Criminal Procedure. Issues decided by the court simultaneously with the verdict

Url Additional information:

- paragraph 22

Plenum No. 21 child care in the execution of a sentence

Care measures

Care measures

about the children of the perpetrator when he is taken into custody

1) If a person sentenced to imprisonment has:

- minor children,

- other dependents,

- as well as elderly parents in need of outside care,

the court, simultaneously with the
verdict of guilty, issues a ruling or order to transfer these persons into the care of close relatives, relatives or other persons or to place them in children's or social institutions.
Url Additional information:

- Part 2 160 Code of Criminal Procedure

measures to protect the property of the accused (investigation stage)

- paragraph 22

Plenum No. 21 supervision of property in execution of a sentence

2) If the convicted person has property or a home that remains unattended, the court issues a ruling or order to take measures to protect them.

Note

2.1) If state protection is exercised in relation to a convicted person, the court issues a ruling or ruling:

- on the further application
of security measures,
- or on their cancellation, if there are no grounds for the further application of security measures provided for by the legislation of the Russian Federation. The body implementing security measures, as well as the person in respect of whom such a determination or resolution was issued, is notified of the ruling or resolution issued.

Url Additional information:

Regulatory framework (registration of payment to a lawyer)

- clause 13, part 1 299 of the Code of Criminal Procedure

the issue of collecting procedural costs is mandatory

- clause 5 part 2 131 Code of Criminal Procedure

the costs of an appointed lawyer are included in the costs

- Part 3 313 Code of Criminal Procedure

a separate resolution on payment to the state lawyer

— clause 12

Plenum No. 42 procedural costs in the verdict

— paragraph 29

Plenum No. 55 decision on costs in the operative part of the verdict

- paragraph 22

Plenum No. 21 state payment lawyer in execution of a sentence

Appointed lawyer services

Pseudo-free

appointed lawyer, the actual payment is collected

Fee waiver

Exemption from payment

state lawyer (
clause 7
of Plenum No. 42)

3) If an appointed defense attorney participates in a criminal case, the court, simultaneously with the verdict, issues a determination or resolution on the amount of remuneration to be paid for the provision of legal assistance.

Url Additional information:

- P.22

Plenum No. 21 issues resolved in the execution of the sentence

4) The decisions provided for in Part 1, Part 2, Part 2.1 of this article may be made at the request of interested persons and after the verdict is announced.

Url Additional information:

Informing the victim

Victim's petition

on obtaining information about a convicted person

5) If before the end of the debate of the parties,

- the victim or the victim’s representative filed a petition to obtain the information specified in clause 21.1 part 2 42 of the Code of Criminal Procedure,

— the court, simultaneously with the verdict
of guilty, issues a resolution or a ruling to notify the victim or his legal representative.
The resolution and definition indicate:

- information that must be provided to the victim or his representative,

— residence address, email address, telephone numbers, and other information provided by the victim or his legal representative for notification,

— and also explains the need for the victim or his legal representative to timely inform the body or institution executing the punishment about changes in this information or refusal to receive further information.

A copy of the decision, determination, together with a copy of the conviction, is sent to:

- to the institution or body entrusted with the execution of the punishment,

- and the victim or his legal representative.

Return to the text of the Code of Criminal Procedure
Seek advice

Article 313. Issues decided by the court simultaneously with the verdict

Article 313. Issues decided by the court simultaneously with the verdict

[Code of Criminal Procedure] [Part Three] [Title IX] [Chapter 39]
. If a person sentenced to imprisonment has minor children, other dependents, as well as elderly parents in need of outside care, the court, simultaneously with the verdict of guilty, issues a ruling or order to transfer these persons to the care of close relatives, relatives or other persons or to place them in children's or social institutions.

. If the convicted person has property or a home that remains unattended, the court issues a ruling or order to take measures to protect them.

2.1. If state protection is exercised in relation to a convicted person, the court issues a ruling or resolution on the further application of security measures or their cancellation if there are no grounds for the further application of security measures provided for by the legislation of the Russian Federation. The body implementing security measures, as well as the person in respect of whom such a determination or resolution was issued, is notified of the ruling or resolution issued.

. If an appointed defense attorney participates in a criminal case, the court, simultaneously with the verdict, issues a determination or resolution on the amount of remuneration to be paid for the provision of legal assistance.

. The decisions provided for in parts one through three of this article may be made at the request of interested persons and after the verdict is announced.

. If, before the end of the debate between the parties, the victim, his legal representative or representative, in accordance with part five.1 of Article 42 of this Code, filed a petition to obtain the information specified in paragraph 21.1 of part two of Article 42 of this Code, the court, simultaneously with the decision of a guilty verdict, shall issue resolution, ruling on notification of the victim or his legal representative. The resolution, determination shall indicate the information that must be provided to the victim or his legal representative, the address of residence, email address, telephone numbers and other information provided by the victim or his legal representative for notification, and also explains the need for timely notification by the victim or his legal representative a representative of the body or institution executing the punishment to change this information or refuse to receive further information. A copy of the resolution, determination, together with a copy of the conviction, is sent to the institution or body entrusted with the execution of the punishment, and to the victim or his legal representative.

Commentary on Article 308 of the Criminal Code of the Russian Federation

1. The objective side of the crime is expressed in the refusal of a witness or victim to testify, i.e. in a demonstrative unwillingness to fulfill the procedural obligation - to give truthful testimony. The refusal to testify is expressed in a clear and categorical statement made both orally and in writing.

For the existence of this crime, it does not matter whether the witness or victim previously testified in the case or refuses to answer all or part of the questions. It is only necessary that these persons do not wish to testify in the absence of valid reasons.

If a witness or victim distorts factual circumstances related to the subject of proof or the subject of the claim, his actions fall under the elements of a crime under Art. 307 of the Criminal Code.

2. The crime is completed from the moment the actions specified in the law are committed.

3. The subjective side of the crime is characterized by direct intent.

4. The subject of the crime is a special one - a witness or victim.

5. According to the note to Art. 308 of the Criminal Code, a person is not subject to criminal liability for refusing to testify against himself, his spouse or close relatives.

The following cannot be questioned as a witness:

- the defendant’s defense attorney - about the circumstances of the case that became known to him in connection with the performance of his duties as a defense attorney;

- a person who, due to his physical or mental disabilities, is not able to correctly perceive the circumstances that are important to the case and give correct testimony about them;

- a lawyer, representative of a trade union and other public organization - about the circumstances that became known to them in connection with the performance of their duties as a representative.

The refusal of these persons to testify is lawful and does not constitute the crime in question.

Not subject to liability under Art. 308 clergy who refused to provide information that became known to them from confession. A reference to the need to preserve other types of secrets (commercial, medical, etc.) does not exclude the presence of a crime in the actions of a person.