GENERAL PART
TITLE THREE
CRIMINAL LIABILITY
CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT
Article 49. Confiscation of Property
49.1. Confiscation of property represents a forced free-of-charge withdrawal of the culprit's share property for the benefit of the state in the instances specified in the Special Part of this Code.
49.2. Seizure of items created by way of crime, arms and means used for committing it, or income gained by way of crime and other things incidental thereto shall be mandatory in addition to the confiscation of property.
49.3. When imposing confiscation of property the court shall specify in the judgment what items and property are being confiscated.
GENERAL PART
TITLE THREE
CRIMINAL LIABILITY
CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT
Article 52. Imprisonment
52.1. Imprisonment represents restriction of freedom of a culprit for the terms specified in this Code with separation from society by confinement in the correctional facilities or a prison.
52.1. The basic term of imprisonment shall be 1 to 15 years. In the instances specified in Special Part of this Code can be imposed for a term of up to 25 years.
52.3. Imprisonment for a term of over 15 years may not be imposed on the persons who were under 16 years of age at the time of committing crime, women of over 55 years of age and men of over 60 years of age.
52.4. Imprisonment shall be served in the correctional facilities of general, strict and special regiment or prison.
52.5. Male convicts who committed less serious crimes and female convicts other than those sentenced for crimes other grave crimes shall serve imprisonment in the correctional facilities of general regiment.
52.6. Male convicts who committed serious crimes or previously served imprisonment, and female convicts who committed grave crimes or have been recognized recidivists shall serve imprisonment in the correctional facilities of strict regiment.
52.7. Male convicts who committed serious crimes or have been recognized recidivists shall serve imprisonment in the correctional facilities of special regiment.
52.8. Male minor convicts who committed less serious or serious crimes ; female minor convicts who were sentenced to imprisonment shall serve imprisonment in the correctional facilities of general regiment for minors.
52.9. Male minor convicts who previously served imprisonment, as well as those who committed grave crimes shall serve imprisonment in the correctional facilities of strict regiment for minors.
52.10. The court may mitigate or reinforce the regiment in which imprisonment is to be
served taking into consideration the nature and degree of social danger of the crime, character of the convict and other circumstances of the case. Reasons for such decision shall be specified in the judgment.
52.11. The court may decide imprisonment imposed on the convicts who are recognized recidivist or sentenced to imprisonment for more than 15 years after attaining the age of 18 for a grave crime to be served fully or partially in prison.
SPECIAL PART
TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES
CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
Article 245. Impeding inquiry, investigation and court trial proceedings
245.1. Intentional impeding inquiry, investigation and court trial proceedings shall be punishable by a fine equal to 5 to 50 amounts of minimum salary, 100 to 200 hours of forced labor or by incarceration for a term of 1 to 3 months.
245.2. The same crime committed by use of one's official position shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, 300 to 500 hours of forced labor or by incarceration for a term of more than 3 to 6 months, or imprisonment for a term of up to 3 years with deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years.
SPECIAL PART
TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES
CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
Article 249. Knowingly illegal detention or custody
Knowingly illegal detention by an inquirer, investigator, prosecutor or judge with lucrative or other private purposes shall be punishable by a fine equal to 51 to 100 amounts of minimum salary, or by incarceration for a term of more than 3 to 6 months with or without deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 year, or by imprisonment for a term of up to 3 years.
SPECIAL PART
TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES
CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
Article 251. Forcing of testimony
256.1. Forcing of testimony by an inquirer or investigator by threat, violence, torture, humiliation, deception or other illegal methods shall be punishable by imprisonment for a term of up to 5 years with or without deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years.
251.2. The same crime if it has entailed a less serious or severe bodily injury or has caused damage in a large amount shall be punishable by imprisonment for a term of more than 5 to 10 years with or without deprivation of the right to hold specified positions or engage in specified business for a term of up to 5 years.
SPECIAL PART
TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES
CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
Article 252. Intentional false reporting
252.1. Intentional false reporting on an individual about commission of a crime shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, or by incarceration for a term of more than 3 to 6 months.
252.2. The same crime committed with lucrative or other private purposes, by falsification of evidence with the view of charging with a serious or grave crime shall be punishable by imprisonment for a term of up to 5 years.
SPECIAL PART
TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES
CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
Article 253. Falsification of evidence
253.1. Falsification of evidence by the participants of civil proceedings or a judge shall be punishable by a fine equal to 51 to 100 amounts of minimum salary, or by incarceration for a term of more than 3 to 6 months.
253.2. Falsification of evidence by an inquirer, investigator, prosecutor or advocate shall be punishable by a fine equal to 100 to 250 amounts of minimum salary, or imprisonment for a term of up to 3 years.
253.3. Falsification of evidence of a serious or grave crime by the officials specified in paragraph 2 above, or entailing a grave harm shall be punishable by imprisonment for a term of up to 5 years with deprivation of the right to hold specified positions or engage in specified business for a term of up to 3 years.
SPECIAL PART
TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES
CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
Article 254. False testimony
254.1. Intentional false testimony during the inquiry, investigation or court proceedings by a witness, victim, intentional false expert opinion by an expert witness, intentional false interpretation by an interpreter shall be punishable by a fine equal to 51 to 100 amounts of minimum salary, or imprisonment for a term of up to 2 years.
254.2. The same crime committed with lucrative or other private purposes, charging with a serious or grave crime, by falsification of evidence, false testimony, or it has caused grave harm shall be punishable by a fine equal to 101 to 250 amounts of minimum salary, or imprisonment for a term of 2 to 5 years.
SPECIAL PART
TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES
CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
Article 256. Making a witness or victim give a false testimony, an expert witness render a false opinion or an interpreter do false interpretation
256.1. Making a witness or victim give a false testimony, an expert witness render a false opinion or an interpreter do false interpretation by violence, giving remuneration or threatening with destruction of property shall be punishable by 200 to 300 hours of forced labor, a fine equal to 51 to 100 amounts of minimum salary, or imprisonment for a term of up to 3 years.
256.2. The same crime committed by an organized group, or causing damage in a large or an extremely large amount shall be punishable by imprisonment for a term of more than 5 to 8 years.
SPECIAL PART
TITLE NINE
CRIMES AGAINST ADMINISTRATIVE ORDER, ADMINISTRATION OF JUSTICE AND MALFEASANCE CRIMES
CHAPTER TWENTY-SEVEN
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
Article 258. Failure to obey a court decision
258.1. Intentional disobedience or prevention of execution of a sentencing judgment, court decision, ruling or a judge's ruling that has become final shall be punishable by a fine equal to 5 to 50 amounts of minimum salary, 100 to 250 hours of forced labor, incarceration for a term or 1 to 3 months or imprisonment for a term of up to 2 years.
258.2. Intentional underreporting, concealment or transferring to others of property with the view of evasion of execution of a court decision shall be punishable by a fine equal to 51 to 250 amounts of minimum salary, 251 to 500 hours of forced labor, incarceration for a term or more than 3 to 6 months or imprisonment for a term of up to more than 2 to 4 years.
258.3. The same crime committed by a person who previously was sentenced for the same crime, by an organized group or a criminal organization shall be punishable by imprisonment for a term of up to more than 3 to 5 years.
PART IX
APPEALING FROM COURT DECREES OF CONVICTION OR ACQUITTAL, COURT DECREES OR ORDERS AND LODGING COMPLAINT OR PROTEST TO COURT OF SUPERVISORY INSTANCES
CHAPTER THIRTY EIGHT
EXECUTION OF DECREE
Article 327. Execution of Decree
327.1. A decree shall take legal effect if an appeal or protest has not been brought within the period set forth in Article 304 of this Law.
327.2. In the event that a appeal or protest is brought by persons specified in Article 303 of this Law, the decree shall take legal effect from the moment specified in Article 326 of this Code.
Article 328. Entering into effect of Decree of Court or Order of Judge and their execution
328.1. A decree of a court or order of a judge shall be executed upon expiration of time period for
bringing a appeal or protest.
328.2. A decree of a court and order of a judge which are not subject to appeal or protest shall be
executed immediately upon being rendered.
Article 329. Binding Nature of Court Ruling, Decree or Order of Judge
329.1. A decree, ruling of a court and order of a judge shall be binding on all business entities, organizations, officials, and citizens.
Article 330. Execution of the Decree or Rulings Entered Into Force
330.1. Execution of a decree which has entered into force in accordance with Article 328 of this
Law shall be organized in following ways:
330.1.1. Decree sentencing a convict confined under guard to arrest or imprisonment sentence shall be sent within 5 days to an administration of a Center of Confinement or to a Place for Preliminary Confinement and a procurator shall be notified to such effect;
330.1.2. Decree sentencing a convict not confined under guard to arrest or imprisonment sentence, shall be sent within 5 days to a head of an inquiry or investigation agency which has carried out inquiry or investigation and a procurator shall be notified to such effect;
330.1.3. Decree sentencing conviction in the form of fine, deprivation of the right to occupy specific official position or engage in specified activity, confiscation of property and compulsory works, shall be sent to appropriate decision enforcement agency in charge of execution of the decision and a procurator shall be notified to such effect;
330.2. The organ which has received the decree as provided in Article 330.1.1. of this Law, shall take measures to bring the convicted person to a court decision enforcement agency within 72 hours.
330.3. An inquiry or investigation agency shall bring the person specified in Article 330.1.2 of this Law to a court decision enforcement agency within 7 days after receiving the decree.
330.4. Court decision enforcement agency shall be in charge for organizing the implementation of a conviction specified in Article 330.1.3 of this Law.
330.5. Provision of a decree of conviction with respect to civil claim shall be executed as provided by Law on court decision enforcement.
330.6. A procurator shall supervise the implementation of a decree of conviction within his/her full
power specified in laws and legislation.
Article 331. Permitting A Convict Sentences to Death to Meet With Relatives
331.1. A court must grant of a convict sentenced to death an opportunity to meet once a relative immediately after completion of a judicial session.
Article 332. Deferral of execution of Decree Sentencing a Person To Compulsory Works, Arrest and Imprisonment
332.1. Execution of a decree of conviction condemning a person to compulsory works, arrest or
imprisonment may be deferred if there exists one of the following grounds:
332.1.1. serious illness of the convicted person, preventing him from serving the conviction - until he recovers;
332.1.2. if the convicted person is pregnant - for a period of not more than 45 days before giving a birth or no longer than one year after giving a birth;
332.1.3. Impermissibility of immediate execution of the conviction due to natural disaster, other sudden catastrophe, grave illness of the only member of the family with labor capacity, or other exceptional circumstances - for a period not exceeding three months.
332.2. Execution of a decree rendered with respect to a person who has committed specially grave
crime, or convicted for a crime successive times, or determined to be specially dangerous shall not be subject to deferral.
332.3. Payment of a fine may be deferred or arranged in installments for a period of up to six months if immediate payment of the fine is impossible for the convicted person.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.