Dmitry Medvedev introduced a bill to the State Duma providing for the humanization of the Criminal Code

On June 7, 2011, President Dmitry Medvedev submitted to the State Duma draft federal law "On Amendments to the Criminal Code of the Russian Federation and individual legislative acts of the Russian Federation”.

The main purpose of the amendments is to humanize country's criminal law.

The presidential bill, among other things, proposes to transfer some crimes from the category of medium severity to the category of minor gravity, and also introduces a ban on sentencing in the form of imprisonment for first-time crimes of minor gravity that do not have aggravating circumstances.

Namely, the bill provides:

First, the introduction amendments to Part 2 of Art. 15 of the Criminal Code of the Russian Federation (categories of crimes), according to which crimes of slight gravity, it is proposed to consider those for which the maximum punishment in the form of deprivation of liberty is not exceeds three years , and not two, as currently provided.

This amendment will transfer crimes qualified under Part 1 Art. 280 of the Criminal Code of the Russian Federation (calls for extremist activities), under part 2 of article 282-1 (participation in an extremist community) and under Part 2 of Art. 282-2 of the Criminal Code of the Russian Federation (participation in the activities of an association, in respect of which the court has decided on prohibition in connection with the implementation of extremist activities) into the category little gravity.

Secondly, the addition to Art. 56 of the Criminal Code of the Russian Federation (imprisonment for certain term) by a provision according to which a sentence of imprisonment may be imposed on a convict, who has committed a crime of minor gravity for the first time, only in the presence of aggravating circumstances .

Thus, in view of the first paragraph, for crimes stipulated by part 1 of article 280 of the Criminal Code of the Russian Federation (calls for the implementation of extremist activities), part 1 of article 282 of the Criminal Code of the Russian Federation (inciting national, religious and ideological hatred), part 2 of article 282-1 (participation in an extremist community) and Part 1.2 of Art. 282-2 of the Criminal Code of the Russian Federation (organization or participation in the activities of an association, in respect of which the court has decided on prohibition in connection with the implementation of extremist activities), now sentences in the form of imprisonment will be issued much less frequently, because. in most cases they do not have aggravating circumstances. We welcome this initiative because most of the cases under these articles are brought against propagandists, and we we do not believe that “words” should be punished with imprisonment if they did not have really serious aggravating circumstances.

In addition, indirectly, this amendment will also affect the imposition of a suspended sentence for the commission of such crimes. According to the Criminal Code, only punishments imposed in the form of deprivation of liberty, correctional labor, restrictions on military service or detention in a disciplinary military unit (Article 73 of the Criminal Code of the Russian Federation) can be considered suspended by the court. Due to the fact that in practice, the courts usually assign suspended sentences, and the draft law prohibits such punishment, then suspended sentences will become rare. We also support this, because We believe that conditional punishment is essentially the absence of punishment.

Note that the amendment, most likely, will not be apply to violent crimes of minor gravity, which are qualified under Part 2 Article 115 of the Criminal Code of the Russian Federation (causing slight bodily harm motivated by hatred respectively) and part 2 of article 116 of the Criminal Code of the Russian Federation (beating motivated by hatred), because the existence of a hate motive is an aggravating circumstance.

Thirdly, the introduction of a new type of punishment - forced labor, which will be considered as an alternative imprisonment for committing crimes of small and medium gravity, as well as for committing for the first time some serious crimes. It is supposed to serve this punishment convicts will be in specially created correctional centers. Enter this kind punishment is planned for 2013.

Fourth, an exception to Art. 136 of the Criminal Code of the Russian Federation (violation of the equality of rights and freedoms of man and citizen), the first part, concerning discrimination committed without the use of one's official position. Thus, such offenses are removed from the jurisdiction of the criminal code and will now be considered administrative. We also support this initiative.

Recall that in early April, Russian President Dmitry Medvedev introduced to the State Duma a bill toughening punishment for certain "extremist" articles of the Criminal Code, however, none of the amendments touched upon the terms deprivation of liberty.

The bill received a positive response from the Government. Approved in the first and second readings.

Sources

• Dmitry Medvedev submitted to the State Duma a bill aimed at humanizing criminal legislation // Official website of the President of the Russian Federation. 2011. June 7th.
• Electronic registration card for bill No. 559740-5 // Website of the State Duma of the Russian Federation. 2011. June 9.