On the correct application of the norm of the Criminal Code of the Russian Federation on changing the category of crime to a less serious one, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 15, 2018 N 10 “On the practice of application by courts of the provisions of Part 6 of Article 15 of the Criminal Code of the Russian Federation”
Having established in a guilty verdict several crimes that form a totality (Article 17 of the Criminal Code of the Russian Federation), the court is obliged to impose a final punishment on the guilty person, using the rules for assigning punishment for a set of crimes.
First, the court imposes punishment for each crime included in the totality separately (Part 1 of Article 69 of the Criminal Code of the Russian Federation). In this case, the court uses the general principles of sentencing and special rules for sentencing for one crime, which were covered earlier.
Then the court must determine which category (Article 15 of the Criminal Code of the Russian Federation) each of the crimes included in the totality belongs to.
In Art. 69 of the Criminal Code of the Russian Federation contains three methods (options) of assigning final punishment for a set of crimes:
- absorption of a less severe punishment by a more severe one;
- partial addition of punishment;
- full addition of punishment.
The court, depending on the categories of crimes included in the totality, has the right to choose either one of two options, or one of all three. If all the crimes included in the totality are crimes of minor and (or) moderate gravity, then the court has the right to choose the option of imposing the final punishment from all three options (Part 2 of Article 69 of the Criminal Code of the Russian Federation). If at least one of the crimes included in the totality belongs to the category of grave or especially grave, then the court has the right to choose the option of imposing the final punishment from only two options: it has the right to use either partial addition of punishment or complete addition of punishment (Part 3 Article 69 of the Criminal Code of the Russian Federation).
Partial addition of punishments
The court chooses from all the imposed punishments the punishment that is the most severe in its type (based on Article 44 of the Criminal Code of the Russian Federation) and in its size (term). Next, the court increases it by adding to it the amount (term) of a similar type of punishment, and such an increase occurs in units of calculating the amount (terms) of types of punishment provided for in Part 1 of Art. 72 of the Criminal Code of the Russian Federation. In this case, the final punishment in any case must be greater than any of the punishments imposed for a separate crime.
Article 69. Imposition of punishment for a set of crimes (Criminal Code of the Russian Federation)
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1. In case of aggregation of crimes, punishment is imposed separately for each crime committed.
2. If all crimes committed in aggregate are crimes of minor or medium gravity, or preparation for a grave or especially grave crime, or an attempt at a grave or especially grave crime, the final punishment is imposed by absorbing a less severe punishment with a more severe one, or by partial or full addition of imposed punishments. In this case, the final punishment cannot exceed more than half the maximum term or amount of punishment provided for the most serious of the crimes committed (as amended by Federal Law of December 7, 2011 N 420-FZ - Collection of Legislation of the Russian Federation, 2011, N 50, Article 7362).
3. If at least one of the crimes committed in aggregate is a grave or especially grave crime, then the final punishment is imposed by partial or complete addition of punishments. At the same time, the final punishment in the form of imprisonment cannot exceed more than half the maximum term of punishment in the form of imprisonment provided for the most serious of the crimes committed (as amended by Federal Law of December 8, 2003 N 162-FZ - Collection of Legislation of the Russian Federation , 2003, N 50, Article 4848).
4. In the case of a combination of crimes, additional types of punishment may be added to the main types of punishment. The final additional punishment in case of partial or complete addition of punishments cannot exceed the maximum term or amount provided for this type of punishment by the General Part of this Code.
5. According to the same rules, punishment is imposed if, after the court has rendered a verdict in the case, it is established that the convicted person is also guilty of another crime that he committed before the court’s verdict in the first case. In this case, the final punishment includes the sentence served under the first court verdict.
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Article 68. Imposition of punishment for recidivism of crimes
Article 69. Imposition of punishment for a combination of crimes
Article 70. Imposition of punishment based on cumulative sentences
Questions and answers on Article 69
#60050 16.08.2021 (09:35)
Art. 158, 166 uk. Russia
How much time can you expect for 1 article 166ch2, for 4 articles 158ch3, and for 10 articles 158ch2.uk.rf. I admitted everything, turned myself in everywhere, plus I became a recedevist.???
Author: Roman Replies: 2 Reply Read more
#55935 05.10.2020 (23:38)
Help on 159.2
Good evening, a case was filed against me under Article 159 Part 2 in May and was sent to court. Today they also wrote a statement against me under the same article, which could be
Author: Andrey Replies: 6 Reply Read more
#54095 02.06.2020 (05:53)
Can there be a suspended sentence and mandatory work at the same time?
Hello. Such a question, crime A was committed in December 2022, the trial for this crime was in March 2022, the punishment was 120 hours of compulsory labor, during the interval of this time crime B was committed, committed in February 2022 and the trial in September 2022, then There is, when I was tried for crime B, there was no criminal record and I was given 1 year probation (I have been successfully checking in for 8 months). When all the data on crime A was filled out, then he had not yet been convicted of crime B and was also listed without a criminal record, but when there was a trial for crime A, he was already actually convicted with a suspended sentence, but the judge no longer clarified the question regarding the criminal record, since I said earlier that she didn’t exist, when she really didn’t exist. Now it turns out that I need to go in a week to do my mandatory work, but at the same time I have a suspended sentence. Could this be? The crimes are not related to each other in any way and are of minor gravity. Can there be a suspended sentence and mandatory work at the same time?
Author: Alexander Replies: 2 Reply Read more
#51599 18.02.2020 (14:50)
A set of crimes of varying severity
Let's say a citizen of the Russian Federation has committed several intentional crimes of moderate gravity or several crimes of a severe category, the imprisonment for which in total amounts to more than 10 years of imprisonment. Will a combination of crimes be considered a crime of special gravity?
Author: Daniil Replies: 3 Reply Read more
#50769 26.01.2020 (22:53)
Learn about the article and amnesty
My underage brother was imprisoned under Article 166, part 1 (1 episode) and part 2 (2 episodes), and was given 2 years and 3 months. Now 2 more episodes have emerged, there will be a trial. Tell me, can they combine all the articles into one? How much can they add to his sentence? And I also saw that there is an amnesty project that is in the State Duma, tell me, can it be included in the amnesty?
Author: Oksana Replies: 1 Reply Read more
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A comment
If the attacker has committed several criminal acts, then he will be held accountable for this to the fullest extent of the law. The court determines the total term of imprisonment only based on the totality of the offenses. If one of the committed acts is grave or especially grave, then the authority has the right to impose punishment by applying the rules of complete or partial addition. This is indicated by the norm of Art. 69 part 3 of the Criminal Code of the Russian Federation. It is impossible not to agree with the comments here. If there is a totality of committed acts, the judicial authority may apply secondary sanctions to the perpetrator. In this case, additional punishment is imposed taking into account the norms of the Criminal Code.
On practice
Norm Art. 69.ch 3 of the Criminal Code of the Russian Federation is applied by the courts quite often. This is primarily due to the fact that the crime rate has now increased. People who commit several very serious crimes, the punishment for each of which reaches twenty years in isolation from society, receive a maximum sentence for a total of no more than 25 years. Because such a rule is provided for by law.
In addition, courts often use the principle of absorption of the least punishment by the more severe when passing sentences. They also add additional sanctions to the main ones, if this does not contradict the law.
It should be noted here that in practical activities the judicial body applies the rule of addition of punishments, enshrined in Art. 69 part 3 of the Criminal Code of the Russian Federation. This happens only after a sentence has been assigned to the perpetrator for each individual crime committed.
Stages
When considering a set of crimes, it is necessary to go through two main stages :
- Determination of a preventive measure for each act separately.
- Final verdict:
- absorption of the lesser by the more significant. When a citizen commits several crimes of minor or moderate gravity, as well as in the case of an attempted grave or especially grave crime, the most severe preventive measure is allowed to absorb the remaining sentences. This option for calculating a preventive measure is the simplest when the court is considering a set of offenses, since in fact the offender is sentenced for the crime for which the greatest measure of liability is provided;
- complete addition. In cases where one or more acts from a combination are grave or especially grave, the principle of adding up preventive measures is applied. Complete addition implies that, on the basis of a court decision, all preventive measures that were obtained when assessing separately all the offenses committed by a citizen are added together in full;
- partial addition. In such a case, the preventive measures for the remaining episodes are partially added to the term imposed for the maximum serious crime. The level of preventive measures added to the main punishment depends on the level of severity of the crimes committed.
The final punishment, which is obtained as a result of partial or full summation of preventive measures, should not ultimately exceed 1/2 of the longest term of imprisonment for the most serious crime in the aggregate.
When considering the totality of sentences, two main stages are required:
- Determination of a preventive measure for each act separately.
- Final verdict:
- complete addition. The unserved punishment under the previous court decision is added to the punishment imposed on the basis of the latest court verdict;
- partial addition. The partially unserved part of the vulgar punishment is added to the last punishment.
The final preventive measure must exceed the punishment for the last offense and for the unserved part of the previous offense.
When making a final decision, authorized persons must find out what part of the past sentence has not been served by the perpetrator of the crime.
Part 4 art. 69 of the Criminal Code of the Russian Federation: additional sanctions
When a person is found guilty of committing several criminal acts, the operative part of the sentence must contain the type and amount of the punishment imposed on him (main and additional). Moreover, not only the final deadline determined in aggregate is indicated, but also separately for each episode.
According to the requirements of Part 4 of Art. 69 of the Criminal Code of the Russian Federation, the same rules of assignment apply to additional punishment as for the main one. Thus, it cannot exceed the maximum possible amount or period provided for by law for this type of sanction in case of partial or complete addition.
General provisions
We are talking about cases when a person convicted of a crime re-offends the law without having yet served his previously received sentence. In such situations, the cumulative order is applied, in which a new sentence is added to the previously imposed preventive measures. The Criminal Code of the Russian Federation allows for both full and partial addition of punishments. What most often happens is that a new sentence is added to the unserved portion of the previous sentence.
One of the following penalties may be used as an unserved sentence:
- deprivation of liberty;
- suspended sentence;
- early release under amnesty;
- the presence of a deferment under Article 82 of the Criminal Code of the Russian Federation (applies to pregnant women and persons with children under 14 years of age).
Addition of sentences can occur according to the following rules:
- the new punishment is added to the suspended sentence;
- a new sentence is added to the unserved sentence;
- the new term is added to the remainder of the sentence that was forgiven upon parole.
If the sentence passed on a previous crime has not taken effect, but the convicted person has repeatedly violated the law, his case will also be considered under Article 70 of the Criminal Code of the Russian Federation.
If a citizen has committed a crime again, this indicates that the previous preventive measures were insufficient. Accordingly, the judge has the right to bring the attacker to the maximum extent of responsibility determined by the totality of sentences. At the same time, he cannot apply to the criminal a punishment corresponding to a more serious crime, because the absorption of one sentence by another is not applicable in this case.
To determine the appropriate punishment for the attacker, the judge must be guided by the following rules:
- Partial addition of terms is possible if the crimes committed differ significantly in severity. Accordingly, one punishment will significantly exceed the other.
- Complete addition is permissible only if the attacker has committed crimes of a similar nature.
If the court establishes the maximum penalty for the accused for the most serious crime committed, then such a decision will be considered unlawful. Subsequently, the convicted person will be able to challenge it.
The principle of adding punishments
This legal practice is regulated by Article 70, which determines punishment by adding to the sentences imposed. It looks like this:
- The remaining part of the previous punishment is partially/fully added to the last verdict;
- Punitive measures that do not imply detention do not exceed the maximum permissible amount;
- The terms of a multiple sentence implying detention do not exceed 30 years, the only exception: atrocities under Part 5 of Article 56 of the Criminal Code;
- Final punishment, implying the totality of always greater responsibility for the crime committed and the unserved part of the previous sentence;
- Additional sanctions are added in accordance with paragraphs of Article 69.
Download for viewing and printing:
Article 56 of the Criminal Code of the Russian Federation “Deprivation of liberty for a specified period”
Article 69 of the Criminal Code of the Russian Federation “Punishment for a set of crimes”
Article 70 of the Criminal Code of the Russian Federation “Punishment based on the totality of sentences”
Partial addition
This implies the fact that the term of the next most serious crime from the episodes considered during the trial is added to the punitive sanctions for the commission of the most dangerous crime committed.
Full addition
In this case, the terms for each unlawful act committed are sequentially summed up. For example, the accused is sentenced to a year of imprisonment for one crime, and to 6 months of correctional labor for another. When summing up the penalties and recalculating the penalties, this citizen will receive 14 months in prison. The principle applies here is that a mild punishment is expressed in a more severe form.
Ratio rules
Here you can refer to Article 71 of the Criminal Code of the Russian Federation, which predetermines the degree of responsibility for a set of crimes in the ratio of various punitive measures. According to these provisions, 1 day of imprisonment is equivalent to:
- 1 day of forced labor;
- 2 days of restriction of freedom of movement;
- 3 days of imposed restrictions on service or correctional labor;
- 8-hour mandatory work;
Important!
Monetary penalties, deprivation of titles and a ban on engaging in certain types of activities do not correlate with any means of deprivation of liberty and are expressed as an independent penalty measure. Download for viewing and printing: Article 71 of the Criminal Code of the Russian Federation “The procedure for determining the terms of punishment when adding sentences”
General rules
Often, persons prone to illegal behavior commit several crimes one after another .
These crimes may be of a general nature or may not have a single component among themselves.
In any case, the commission of several unlawful acts by a person leads the judicial authorities to the need to consider his offenses in the aggregate, issuing a single preventive measure for all episodes .
The rules for considering the totality of crimes are specified in Art. 69 of the Criminal Code. A set of offenses means the commission by a person of two or more illegal actions for which he did not bear criminal liability.
In such cases, the court first decides on the measure of restraint for each individual act, after which a general punishment is imposed.
Depending on how the actions committed by a person are classified, the rules for imposing punishments provided for by law may vary: significant ones prevail over less significant ones; punishments are fully or partially cumulative.
We can distinguish 2 main characteristics that form a set of crimes:
- Committing two or more illegal acts for which the statute of limitations has not expired. So, if the guilty person committed two offenses, one of which the statute of limitations has expired, then there is no need to talk about the presence of aggregation.
- Lack of court verdicts for crimes committed.
Art. 70 defines the general rules that guide authorized persons if there are several sentences passed against a citizen.
A similar situation arises if a citizen committed a new crime before he had fully served his sentence for a previous crime (the sentence had already been passed).
According to these aggregates, the principle of absorption of more by less does not work.
Only the possibility of full or partial summation of the terms of serving the sentence established in accordance with the new court decision and with the previous decision in force at the time of the commission of the new crime is allowed.
What types of punishments can be imposed based on the totality of sentences?
When rendering a final verdict, the judge may choose one of the following preventive measures for the accused:
- Fine. The total amount of the penalty should not exceed five million rubles.
- Termination of a title, award or rank.
- Deprivation of the opportunity to engage in a certain type of activity. If this is the main punishment, then the maximum term is 5 years. If such a restriction is used as an additional preventive measure, it can be assigned for no more than 3 years.
- Restriction of freedom. The maximum period is 4 years.
- Limitation of promotion in military service (no more than two years).
- Mandatory work. With a total of sentences, a convicted person can receive a maximum of 480 hours of compulsory labor.
- Correctional labor – up to two years.
- Deprivation of liberty. Such punishment may involve a certain period or be imposed for life. The total term of imprisonment cannot exceed 30 years.
Commentary to Art. 66 Criminal Code
1. The rules on mandatory mitigation of punishment apply only to the most severe type of punishment in an alternative sanction, and also do not apply to additional types of punishment.
2. If appointed according to the rules provided for in Parts 2 and 3 of Art. 66 of the Criminal Code, the punishment is less severe than the lower limit of the sanction of the corresponding article of the Special Part of the Criminal Code, then a reference to Art. 64 of the Criminal Code is not required.
3. The death penalty and life imprisonment for preparation for a crime and attempted crime are not imposed. In this case, the upper limit of urgent punishment is subject to mandatory reduction by either half or one-fourth (depending on the stage of the crime).
4. Application of the requirements of Art. 66 of the Criminal Code is possible, along with other provisions of the General Part of the Criminal Code, on the mandatory mitigation or strengthening of the imposed punishment.
The rules enshrined in Art. 62, 65, 66 and 68 of the Criminal Code are executed sequentially. The maximum term or amount of punishment imposed according to the rules of Art. 62 or 65 of the Criminal Code, as well as the minimum term or amount of punishment imposed according to the rules of Art. 68 of the Criminal Code, are calculated based on the limit established by Art. 66 of the Criminal Code.
Features of the offender's responsibility
So, according to paragraph 1 of Art.
66 of the Criminal Code, when the court imposes punishment for an unfinished crime, it takes into account those facts due to which the criminal intent was not fully realized. The article highlights such types of unfinished offense as:
- cooking;
- assassination attempt
They can also be defined as stages of the implementation of criminal intent. Attackers often carefully prepare and think through the details of their actions, and only then begin to implement them. So, Article 66 of the Criminal Code of the Russian Federation establishes the procedure for applying sanctions for such types of illegal activities.
As for preparation, the maximum possible punishment is half the maximum amount of the most severe penalty provided for by the Special Part of the Criminal Code for a specific completed act.
It is also worth noting that according to Art. 30 of the Criminal Code, liability occurs only in the case when preparation was carried out specifically for a serious and especially serious crime. Thus, if a person is preparing to commit a minor offense, he is not threatened with sanctions.
Regarding the assassination attempt, Part 3 of Art. 66 of the Criminal Code of the Russian Federation states that the imposition of punishment for an attempted crime occurs as follows: its amount cannot be more than three quarters of the maximum sanction provided for in the Special Part of the Criminal Code for the same but completed crime.
Life imprisonment for attempted crime, like the death penalty, cannot be imposed. This is due to the fact that the consequences of such acts are either not dangerous or not so dangerous in comparison with the completed crime. Accordingly, imposing the death penalty in such a case would be contrary to the principles of proportionality and fairness of criminal punishment, which are fundamental in the field of criminal law.
Nuances
Art. 69 part 3 of the Criminal Code of the Russian Federation indicates that if one of the committed acts is serious or very serious, then ultimately the total punishment is assigned according to the rule of complete or partial addition. It should also be noted that sanctions in the form of imprisonment are determined by the court based on the provisions of the law. It should also be noted here that the term for committing acts in aggregate cannot be more than half of the maximum punishment fixed in the Criminal Code.
