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 .
Section III. Punishment
Chapter 9. The Concept and the Purposes of Punishment.
Types of Punishment.
Article 46. Fines
1. A fine is a monetary penalty imposed within the limits provided for by this Code.
2. A fine shall be established in the amount of from 2 500 roubles to 1 000 000 million roubles or in the amount of the wage or salary, or any other income of the convicted person for a period from two weeks to five years. A fine in the amount of from 500 000 roubles or in the amount of the wage or salary or any other income of the convicted person may only be imposed for grave and especially grave crimes in the instances specified by the appropriate articles of the Special Part of this Code.
3. The amount of a fine shall be determined by a court of law subject to the gravity of the crime and the property status of the convicted person and his family, as well as the subject to the convicted person's ability to receive a wage or any other income. Subject to the same circumstances a court of law may impose a fine payable in installments for a term of up to three years.
4. As an additional penalty, a fine may be imposed only in cases, provided for by the relevant Articles of the Special Part of this Code.
5. In the event of the person maliciously evading payment of a fine inflicted as the principal punishment, it shall be replaced within the limits of the sanction provided for by the appropriate Article of the Special Part of this Code .
Section III. Punishment
Chapter 9. The Concept and the Purposes of Punishment.
Types of Punishment.
Article 53. Restricted Liberty
1. Restricted liberty consists of the maintenance of a convicted person, who has reached 18 years of age by the time of adjudication, in a special institution without isolation from the society during the supervision over him.
2. Restricted liberty shall be imposed on:
• a) persons who are convicted for the commission of willful crimes but who have no
record of conviction - for a term of one to three years;
b) persons who are convicted for crimes committed by negligence - for a term of one to five years.
3. In the event that compulsory works or corrective labour have been replaced with restricted liberty, the latter penalty may be imposed for a term of less than one year.
4. In the event that a person convicted to restricted liberty maliciously evades the serving of the penalty, this punishment shall be replaced with deprivation of liberty for the term of restricted liberty imposed by the court's judgement. The time of serving restricted liberty shall be counted in the period of deprivation of liberty at the rate of one day of deprivation of liberty per one day of restricted liberty.
5. Restricted liberty shall not be imposed on persons deemed to be invalids of the first and second groups, pregnant women, women with children of less than fourteen years of age, women who have reached 55 years of age, or men who have reached 60 years of age, nor upon servicemen undergoing military service after call-up .
Section III. Punishment
Chapter 9. The Concept and the Purposes of Punishment.
Types of Punishment.
Article 56. Deprivation of Liberty for a Definite Term
1. Deprivation of freedom shall amount to the isolation of the convict from society by sending him to a settlement colony, placing him into an educational colony, into a medical treatment and reformatory institution or into a reformatory colony of general, strict or special regime, or into prison.
2. Deprivation of liberty shall be established for a term of two months to 20 years.
4. In case of a partial or full merger of the terms of deprivation of liberty into the assignment of punishment by the cumulation of penalties, the maximum total term of deprivation of liberty may not exceed 25 years, and the cumulative sentences - 30 years.
Article 57. Deprivation of Liberty for Life
Federal Law No. 74-FZ of July 21, 2004 amended the first part of Article 57 of the present Code
1. Deprivation of liberty for life is established for the commission of especially grave crimes of attack on human life, as well as for committing especially grave crimes against public safety.
2. Deprivation of liberty for life shall not be imposed upon women, nor upon persons who have committed crimes at ages below 18 years, nor upon men who have reached 65 years of age by the time of adjudication .
Article 58. Assignment of the Kind of Reformatory Institution for Those Sentenced to the Deprivation
1. The sentence of the deprivation of freedom shall be served:
• a) by the persons convicted for crimes committed because of carelessness, as well as
by the persons sentenced to the deprivation of freedom for committing deliberate petty and medium gravity offences, who have not been formerly sentenced to the deprivation of freedom - in the settlement colonies. Taking into account the circumstances of committing the crime and the convict's personality, the court may rule it that the said persons may serve the punishment in reformatory colonies of general regime, while supplying the motives for the adopted decision;
b) by the men sentenced to the deprivation of liberty for committing grave crimes, who have not previously served a sentence of deprivation of liberty, as well as by women sentenced to deprivation of liberty for committing grave and especially grave crimes, as well as in the event of recidivism of any type in the reformatory colonies of general regime;
c) the men sentenced to the deprivation of freedom for committing especially grave crimes, who have not earlier served the sentence of the deprivation of freedom, or in the event of recidivism or dangerous recidivism - in the reformatory colonies of strict regime;
d) the men sentenced to the deprivation of freedom for life, and in case of committing especially dangerous repeated crimes - in the reformatory colonies of special regime.
2. The men sentenced to the deprivation of freedom for committing particularly grave crimes for a term of over five years, and also in case of especially dangerous repeated
crimes may be made to serve a part of the term of punishment in prison, with this, a court of law shall include the term of holding the convicted person in custody, pending the entry of the conviction into legal force, into the time period of serving the sentence in prison.
3. The persons sentenced to the deprivation of freedom, who have not reached eighteen years of age at the moment of the court passing the sentence, shall be sent for serving the punishment to educational colonies.
4. The kind of the assigned reformatory institution may be changed by the court in accordance with the criminal-executive legislation of the Russian Federation .
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.