Article 81 of the Criminal Code of the Russian Federation. Exemption from punishment due to illness

Exemption from punishment due to illness

1. A person who, after committing a crime, develops a mental disorder that deprives him of the ability to realize the actual nature and social danger of his actions (inaction) or to manage them, is released from punishment, and the person serving the sentence is released from further serving it.
The court may impose compulsory medical measures on such persons. 2. A person who, after committing a crime, falls ill with another serious illness that prevents him from serving his sentence may be released by the court from serving his sentence.

3. Military personnel serving arrest or detention in a disciplinary military unit are exempt from further serving their sentence in the event of an illness that makes them unfit for military service. The unserved part of the sentence may be replaced by a more lenient punishment.

4. The persons specified in parts one and two of this article, in the event of their recovery, may be subject to criminal liability and punishment, if the statute of limitations provided for in Articles 78 and 83 of this Code have not expired.

Judicial practice: sentences and punishment under Art. 81 of the Criminal Code of the Russian Federation

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General groups of mitigating diseases

Criminal legislation defines various types and stages of development of diseases that can become a reason for mitigating sentences, early release of a prisoner, or replacing imprisonment with compulsory treatment in a psychiatric institution.

Important! This list may change depending on the emergence of new forms and varieties of dangerous diseases.

There is a certain list of diseases that can be a reason for mitigation of punishment or its cancellation, replacement with another

There are three main groups of diseases that relate to mitigating circumstances when determining a sentence and making decisions on the early release of persons who have violated the law.

Types and degrees of diseases, upon detection of which conscripts and military personnel are considered unfit for military service. The list of such diseases is contained in the government decree that regulates the activities of military medical commissions.
Dangerous infectious diseases that pose a threat to the life and health of others can become a source of epidemics.
Serious mental disorders in which a person partially or completely loses touch with reality, ceases to be aware of and control his actions, which is confirmed by the results of a psychiatric examination. If the patient has committed a crime or his behavior poses a potential or real danger to society, the court may decide to release the accused from liability and send him for inpatient treatment in a specialized psychiatric clinic.

If the person who committed the crime suffers from a mental disorder, he may be released from liability and sent for treatment to a psychiatric clinic

The presence of mitigating diseases in a criminal must be confirmed during a qualified medical examination.

Important! The final diagnosis is approved by a special medical commission.

A medical examination must establish the arbitrary nature of the illness, independent of the actions of the accused, and the absence of simulations or self-harm on his part. Only under these conditions can an identified disease serve as a basis for a reduced sentence. However, such a decision is not final if there is a likelihood of recovery within the statute of limitations established by law for the crime committed by the patient. If the offender is restored to health, the court may consider depriving him of his liberty for the period provided for by the Criminal Code.

The presence of the disease must be confirmed by examination

Important! Compulsory treatment of mentally ill criminals in psychiatric institutions lasts until their complete recovery. Each day of stay in the clinic is equivalent to a day of imprisonment in correctional labor institutions.

Commentary to Art. 81 Labor Code of the Russian Federation

1. The grounds for dismissing an employee at the initiative of the employer may be applicable both to all categories of employees and to certain categories of them, taking into account the content of their employment contract.

2. The Labor Code and other federal laws may provide for additional grounds for termination of an employment contract at the initiative of the employer (see commentary to Articles 278, 336 of the Labor Code).

3. All grounds for termination of an employment contract at the initiative of the employer can be divided into three groups related to:

1) production circumstances;

2) personal circumstances of the employee;

3) guilty behavior of the employee.

4. When terminating an employment contract at the initiative of the employer, it is necessary to comply with the conditions established by law and the procedure for dismissal for each of the grounds, with the provision of additional guarantees for certain categories of employees (see commentary to Articles 261, 269, 373, 405 of the Labor Code, etc.) , as well as compensation upon dismissal (see commentary to Articles 178 - 181 of the Labor Code).

5. In case of dismissal of an employee due to production circumstances (liquidation of an organization or termination of activities by an individual entrepreneur, reduction in the number or staff of employees, change of owner of the organization’s property, etc.), it is also necessary to keep in mind the relevant provisions of the Civil Code that determine the procedure for creation, transformation and liquidation legal entities.

6. Termination of an employment contract due to the employee’s personal circumstances (for example, inadequacy for the position held or work performed due to insufficient qualifications confirmed by certification results) is associated with the inability to perform job duties for reasons beyond his control. Therefore, the employer’s provision of evidence confirming these circumstances is of particular importance.

7. When dismissing an employee for culpable reasons (one-time gross violation or repeated failure to perform job duties without good reason, absenteeism, state of alcohol, drug or other toxic intoxication, theft of someone else’s property at the place of work, etc.), it is necessary to comply with the procedure and terms for attracting the employee to responsibility for the offenses he has committed (see commentary to Chapters 30 and 43, Section XI of the Labor Code).

8. In the event of a dispute regarding the reinstatement of a person whose employment contract was terminated at the initiative of the employer, the obligation to prove the existence of a legal basis for dismissal and compliance with the established procedure for dismissal rests with the employer (see clause 23 of the RF PPVS dated March 17, 2004 N 2).

The most common diseases that mitigate punishment

The most common reasons for early release or reduced sentences are such diseases.

Chronic tuberculosis of severe form.
Malignant inoperable tumors caused by pathological growth of tissues of various organs.
Endocrine diseases of severe chronic forms - adrenal insufficiency, diabetes mellitus, tumor of the hypothalamus, pituitary gland, gout.
Severe forms of diseases of the sensory organs and nervous system.
Chronic pathologies of the respiratory system.
Liver cirrhosis with various complications, cachexia stage of intestinal disease.
Diseases of the blood and circulatory system of the third degree and higher.
Chronic renal failure in combination with diseases of the urinary organs.
Bone and muscle diseases at stages accompanied by persistent, severe disorders of musculoskeletal functions.
Amputations of the upper or lower extremities.
Anemia, HIV, radiation sickness IV degree.
Mental disorders - dementia, schizophrenia, severe forms of psychosis.

The presence of tuberculosis, HIV, various chronic pathologies and other things can lead to early release or a reduced sentence

A complete, exhaustive list of diseases that serve as grounds for mitigating punitive measures against criminals is approved by government decree.

Important! This legal act is amended every few years, as new types and forms of serious diseases appear.

General procedure for sick leave

The process of releasing a criminal sentenced to prison ahead of schedule due to the onset or development of a serious illness is quite lengthy and includes a number of preparatory measures. If the convict’s health deteriorates and he exhibits symptoms of a disease included in the relevant list, he must undergo a medical examination by doctors at the penitentiary institution.

A person who is in custody must undergo a medical examination in order to be released early due to illness.

If, based on the results of a medical examination, a special commission determines that further serving the sentence is dangerous for the life of the patient, his illness poses a threat to the health of others, lawyers and representatives of the prisoner must draw up and submit to the court a petition for early release. While this application is being considered in court, the administration of the correctional labor institution must take measures to treat the criminal and his social adaptation to life in freedom.

Important! Persons found to have serious mental disorders should be sent to a specialized psychiatric hospital.

A positive decision by the court to commute the sentence or early release of a criminal from prison due to a serious illness is not an acquittal and does not remove the criminal’s criminal record. He is still considered a person who has committed a crime, which imposes a number of restrictions and obligations on him to comply with certain rules upon release.

A person’s criminal record will still not be expunged

Until the end of the sentence established by the court verdict, the released criminal must be specially registered under the control of law enforcement agencies. He is prohibited from leaving his place of residence without permission without special permission. If necessary, social services may be involved to adapt a former prisoner to the conditions of normal life in society. Employees of such organizations will help him find a new job, solve everyday problems, and establish relationships with other people.

At the time set by law enforcement officers, a released convict is required to undergo a medical examination to confirm his illness.

Important! If a disease that poses a threat to society is identified as infectious, by decision of a special commission, the patient may be isolated from others and sent for compulsory treatment.

If the disease is serious and requires special treatment, the person will be isolated from others and forcibly referred to therapy

When new crimes are committed, the court may decide to serve the remaining sentence in a correctional institution for a criminal previously released due to illness. In this case, the presence of a serious illness will not be accepted as a mitigating circumstance, and a new sentence will be added to the previous punishment, corresponding to the severity of the offense committed.