Part Three. Court Proceedings

Section XIV. Execution of the Sentence

Chapter 46. Presentation of the Sentences, Rulings and Resolutions for Execution

Article 390. Entry of the Sentence into Force and Its Presentation for Execution

1. The sentence of the first instance court shall enter into legal force after an expiry of the term for filing an appeal against it in the statutory or in the cassation order, if it has not been appealed against by the parties.

2. The sentence of a court of the appeals instance shall enter into legal force after the expiry of the term of filing an appeal against it by way of cassation, unless it has been appealed against by the parties.

3. If a complaint or a presentation is filed by way of cassation, the sentence, unless it is cancelled by the court of the cassation instance, shall come into legal force on the day of passing the cassation ruling.

4. The sentence shall be presented for execution by the first instance court within three days from the day of its entry into legal force, or of the return of the criminal case from the court of the appeals or of the cassation instance.


Article 391. Entry of a Court Ruling or Resolution into Legal Force and Its Presentation for Execution

1. A ruling or a resolution of the court of the first or appeals instance shall enter into legal force and shall be presented for execution after an expiry of the term for filing an appeal against it by way of cassation, or on the day of passing the ruling by the court of the cassation instance.

2. The court's ruling or resolution, not subject to an appeal by way of cassation, shall enter into legal force and shall be presented to execution immediately.

3. The court ruling or resolution on the termination of the criminal case, passed in the course of the judicial proceedings on the criminal case, shall be subject to an immediate execution in that part of it, which concerns the release of the accused or of the defendant from custody.

4. The ruling of a court of the cassation instance shall enter into legal force as from the moment of its proclamation and may be revised only in accordance with the order, laid down by Chapters 48 and 49 of the present Code.

5. The ruling of a court of the cassation instance shall be presented to execution in the order, established by the fourth and the fifth parts of Article 388 of the present Code.


Article 392. Obligatory Nature of the Court Sentence, Ruling and Resolution

1. The sentence, ruling or resolution of the court shall be mandatory for all state power bodies, for the bodies of local self-government, for public associations, officials and the other natural and legal persons, and shall be subject to obligatory execution on the entire territory of the Russian Federation.

2. The non-execution of the court sentence, ruling or resolution shall entail liability, envisaged by Article 315 of the Criminal Code of the Russian Federation.


Article 393. Procedure for Presenting for Execution the Court Sentence, Ruling and Resolution

1. The presentation for execution of the sentence, ruling or resolution of the court shall be imposed upon the court, which has examined the criminal case in the first instance.

2. A copy of the sentence of conviction shall be directed by the judge or by the president of the court to that institution or to that body, upon which the execution of the punishment is imposed.

3. The appeals instance court shall be obliged to inform the institution or the body, upon which the execution of the punishment is imposed, about the decision it has adopted with respect to the person, held in custody.

4. If the sentence of the court of the first or appeals instance is altered when it is examined by way of cassation, to the copy of the sentence shall also be enclosed a copy of the ruling of the court of the cassation instance.

5. The institution or the body, upon which the execution of the punishment is imposed, shall immediately inform the court, which has passed the sentence of conviction, about its execution.

6. The institution or the body, upon which the execution of the sentence is imposed shall be obliged to notify the court, which has passed the sentence about the place where the convict is serving his term.


Article 394. Notification about the Presentation of the Sentence for Execution

1. After the entry into legal force of the sentence, in accordance with which the convict, held in custody, is sentenced to arrest or to the deprivation of freedom, the administration of the place of detention shall inform one of the convict's close relatives or relations of the place where he is sent to serve the sentence, in conformity with Article 75 of the Criminal-Executive Code of the Russian Federation.

2. In case of the satisfaction of the civil claim, the civil claimant and the civil defendant shall be informed about the presentation of the sentence to execution.


Article 395. Granting Relations a Meeting with the Convict

Before the sentence is presented for execution, the presiding judge of the court session on the criminal case or the president of the court shall grant at the request of the close relatives or of relations of the convict, held in custody, an opportunity to see him .

Part Five. International Cooperation in the Sphere of Criminal Court Proceedings

Section XVIII. Procedure for the Interaction of Courts, Prosecutors, Investigators and the Inquest Bodies with the Corresponding Competent Bodies and Officials of Foreign States and with International Organizations

Chapter 55. Handing Over the Person Sentenced to the Deprivation of Freedom, for Serving the Sentence in the State of Which He Is a Citizen

Federal Law No. 58-FZ of June 29, 2004 amended Article 469 of this Code


Article 469. Grounds for Handing Over the Person Sentenced to Deprivation of Liberty

Seen as the grounds for handing over the person sentenced by a court of the Russian Federation to deprivation of freedom, for serving the sentence in the state of which he is a citizen, as well as for handing over a citizen of the Russian Federation sentenced by a court of a foreign state to the deprivation of liberty, for serving the sentence in the Russian Federation, shall be the court decision based on the results of considering the proposal of the federal executive body authorised in the sphere of the execution of penalties or the application of the convict or a representative thereof, as well as of the competent authority of a foreign state in compliance with an international treaty of the Russian Federation or an agreement in writing between the competent authority of the Russian Federation and the competent authority of the foreign state on the basis of the principle of reciprocity.


Article 470. Procedure for Considering by Court the Issues Connected with Handing Over a Person
Sentenced to Deprivation of Liberty

Federal Law No. 58-FZ of June 29, 2004 amended part 1 of Article 470 of this Code

1. The proposal of the federal executive body authorised in the sphere of the execution of penalties, as well as an application of the convict, a representative thereof, or the competent authority of a foreign state on handing over a person sentenced to deprivation of liberty for serving his/her sentence in the state of which this person is a citizen, shall be considered by the court in the procedure and within the time period which are established by Articles 396, 397 and 399 of this Code subject to the requirements of this Article and Articles 471 to 472 of this Code.

2. Where it is impossible for the court to consider the issue of handing over the convict due to the incompleteness or absence of required data, the judge shall be entitled to postpone its consideration and to request for missing data or to direct the convict's application without consideration thereof to the competent authority of the Russian Federation for collecting required information in compliance with regulations of an international treaty of the Russian Federation, as well as for the preliminary coordination of the issue on the convict's handing over with the competent authority of a foreign state.


Article 471. Reasons for the Refusal to Hand Over the Person Sentenced to Deprivation of Liberty for Serving Punishment in the State of Which He/She Is a Citizen

Handing over of the person, sentenced to deprivation of liberty by a court of the Russian Federation for serving the term in the state of which he/she is a citizen, may be refused in cases, when:
• 1) none of the deeds for which the person is convicted, is recognized as a crime in accordance with the legislation of the state of which he is a citizen;
2) the punishment cannot be executed in the foreign state as a result of:
 a) the expiry of the term of legal limitation or for other grounds,
stipulated by the legislation of this state;
b) non-recognition by a court or other competent authority of a foreign state of the sentence passed by a court of the Russian Federation without establishing the procedure for, and terms of, the convict's serving punishment on the territory of the foreign state;
c) incompatibility of the terms of, and procedure for, serving punishment by the convict determined by a court or other competent authority of the foreign state;
• 3) guarantees of execution of the sentence in the part of the civil claim have not been received from the convict or from the foreign state;
4) no consensus is reached on handing over the convict on the terms, stipulated by an international treaty of the Russian Federation;
5) the convict has a permanent place of residence in the Russian Federation.


Article 472. Procedure for the Court's Resolution of Questions Involved in Execution of the Sentence Passed by Court of a Foreign State

1. If a court, when considering a presentation (application) for passing over a citizen of the Russian Federation sentenced to deprivation of liberty by a court of a foreign state, comes to the conclusion that the deed for which the citizen of the Russian Federation is convicted is not a crime under the laws of the Russian Federation, or the sentence of the foreign state's court may not be executed by virtue of the expiry of the limitation period, as well as for any other reason provided for by laws of the Russian Federation or an international treaty of the Russian Federation, it shall issue a ruling on the refusal to recognize the sentence of the foreign state's court.

2. In all other instances the court shall issue a decision on the recognition and execution of the foreign state's sentence, and shall indicate the following:
• 1) the title of the foreign state's court, the date and place of passing the sentence;
2) data on the last place of residence of the convict in the Russian Federation, on his/her place of employment and occupation prior to sentencing;
3) the description of the crime, of whose commission the convict is found guilty, and the criminal law of the foreign state under which he/she is convicted;
4) the article of the Criminal Code of the Russian Federation under which the crime committed by the convict is punishable;
5) the type and term of the inflicted punishment (principal and additional ones), the served term and the term of punishment which the convict has to serve in the Russian Federation, the start and end thereof, the type of correctional facility, the procedure for indemnification under a civil claim.

3. If under the Criminal Code of the Russian Federation the maximum term of deprivation of liberty for a given crime is less than that inflicted under the sentence of the foreign state's court, the court shall determine the maximum term of liberty deprivation for committing this crime provided for by the Criminal Code of the Russian Federation. If under the Criminal Code of the Russian Federation deprivation of liberty is not provided for as a punishment for the crime committed by the person, the court shall determine another punishment matching the maximum punishment inflicted under the sentence of the foreign state's court within the limits established by the Criminal Code of the Russian Federation for this crime.

4. Where the sentence of a foreign state's court concerns two or several deeds, not all of which are crimes in the Russian Federation, the court shall determine what part of the punishment inflicted under the sentence of the foreign state's court shall apply to the deed which is criminal.

5. The court's decision shall be executed in the procedure established by Article 393 of this Code.

6. In the event of reversal or alteration of a sentence passed by a foreign state's court or of applying in respect of the person serving punishment in the Russian Federation acts of amnesty or clemency issued in the foreign state, the issues concerning the reviewed sentence of the foreign state's court, as well as the application of the acts of amnesty or clemency shall be settled in compliance with the requirements of this Article .