THE CRIMINAL CODE

OF THE RUSSIAN FEDERATION

NO. 63-FZ OF JUNE 13, 1996

(with Amendments and Addenda of May 27, June 25, 1998, February 9, 15, March 18, July 9, 1999, March 9, 20, June 19, August 7, November 17, December 29, 2001, March 4, 14, May 7, June 25, July 24, 25, October 31, 2002, March 11, April 8, July 4, 7, December 8, 2003, July 21, 26, December 28, 2004)

Adopted by the State Duma on May 24, 1996

Adopted by the Federation Council on June 5, 1996

General Part

Section I. Criminal Law

Chapter 1. The Tasks and Principles of the Criminal Code of the Russian Federation

Article 1. The Criminal Law of the Russian Federation

1. The criminal Law of the Russian Federation consists of the present Code. New laws providing for criminal responsibility are subject to inclusion in the present Code.

2. The present Code is based on the Constitution of the Russian Federation and the generally recognized principles and norms of international law.

Article 2. The Tasks of the Criminal Code of the Russian Federation

1. The tasks of the present Code are as follows: the protection of the rights and freedoms of man and citizen, property, public order and public security, the environment, and the constitutional system of the Russian Federation against criminal encroachment, the maintenance of peace and security of mankind, and also the prevention of crimes.

2. To accomplish these tasks, the present Code establishes the ground and principles of criminal responsibility, defines which deeds are recognized as offences dangerous to persons, society, or the State, and establishes the types of punishment and other penal measures for the commission of offences.

Article 3. The Principle of Legality

1. The criminality of a deed, and also its punishability and other legal consequences shall be determined by the present Code alone.

2. The application of a criminal law by analogy shall not be allowed.

Article 4. The Principle of Equality of Individuals Before the Law

Persons who have committed crimes shall be equal before the Law and shall be brought to criminal responsibility, regardless of their sex, race, nationality, language, origin, property and official status, place of residence, attitude to religion, convictions, belonging to public associations, or other circumstances.

Article 5. The Principle of Guilt

1. A person shall be brought to criminal responsibility only for those socially dangerous actions (inaction) and socially dangerous consequences in respect of which his guilt has been established.

2. Objective imputation, that is criminal responsibility for innocent injury, shall not be allowed.

Article 6. The Principle of Justice

1. Punishment and other legal measures applicable to a person who has committed an offence shall be just, that is, they shall correspond to the character and degree of the social danger of the offence, the circumstances of its commission, and the personality of the guilty party.

2. No one may bear double criminal jeopardize for one and the same crime.

Article 7. The Principle of Humanism

1. The criminal legal of the Russian Federation shall ensure the safety of man.

2. Punishment and other legal measures applicable to a person who has committed a crime may not pursue the aim of causing physical suffering or debasement of human dignity.

Article 8. Grounds for Criminal Responsibility

The commission of a deed containing all the elements of a crime, provided for by this Code, shall be the grounds for criminal responsibility

Chapter 2. The Operation of Criminal Law in Time and Space

Article 9. The Operation of Criminal Law in Time

1. The criminality and punishability of a deed shall be determined by the criminal law that was operative during the commission of this deed.

2. The time a socially dangerous action (inaction) is committed shall be deemed to be the time of committing a crime, regardless of the time of the onset of consequences.

Article 10. The Retroactive Force of a Criminal Law

1. A criminal law which removes the criminality of a deed, mitigates punishment, or in any other way improves the position of a person who has committed a crime shall have retroactive force, that is, extend to the persons who have committed the respective deeds before the entry of such law into force, including to persons who are serving or have served the sentence. A criminal law that establishes the criminality of a deed and increases punishment or in any other way worsens the position of a person shall have no retroactive force.

2. If a new criminal law mitigates the punishment for a deed, which punishment is being served by a person,their this punishment shall be subject to reduction within the limits provided for by the new criminal law.

Article 11. The Operation of Criminal Law in Respect of Persons Who Have Committed Crimes in the Territory of the Russian Federation

1. Any person who has committed a crime in the territory of the Russian Federation shall be brought to criminal responsibility under this Code.

2. Crimes committed within the limits of the territorial waters or the air space of the Russian Federation shall be deemed to have been performed in the territory of the Russian Federation. The validity of this Code shall also be extended to offences committed on the continental shelf and in the exclusive economic zone of the Russian Federation.

3. A person who has committed a crime on board a ship registered in a port of the Russian Federation and to or on one on the open sea or in the air space outside the confines of the Russian Federation shall be brought to criminal responsibility under this Code, unless otherwise stipulated by an international agreement of the Russian Federation. Under this Code, criminal responsibility shall also be borne by a person who has committed an offence on board a warship or in a military aircraft of the Russian Federation, regardless of the place of their location.

4. Question of the criminal responsibility of diplomatic representatives of foreign States and other individuals who enjoy immunity shall be settled in conformity with the standards of international law, if these persons have committed crimes in the territory of the Russian Federation.

Article 12. The Operation of Criminal Law in Respect of Persons Who Have Committed Offences Outside the Boundaries of the Russian Federation

1. Citizens of the Russian Federation and stateless persons who permanently reside in the Russian Federation and who have committed crimes outside the boundaries of the Russian Federation shall be brought to criminal responsibility under this Code, if their deeds have been recognized as crimes in the State on whose territory they were committed, and unless these persons have been convicted in the foreign State. In case of conviction of said persons, the punishments may not exceed the upper limit of the sanction provided for by the laws of the foreign State on whose territory the crimes have been committed.

2. Servicemen of the military units of the Russian Federation located beyond the confines of the Russian Federation shall bear criminal responsibility for their crimes committed in the territories of foreign states under this Code, unless otherwise stipulated by international agreements of the Russian Federation.

3. Foreign nationals and stateless persons who do not reside permanently in the Russian Federation and who have committed their crimes outside the boundaries of the Russian Federation shall be brought to criminal responsibility under this Code in cases, if the crimes run counter to the interests of the Russian Federation, and in cases provided for by international agreement of the Russian Federation, and unless they have been convicted in a foreign state and are brought to criminal responsibility in the territory of the Russian Federation.

Article 13. The Extradition of Persons Who Have Committed Crimes

1. Citizens of the Russian Federation who have committed crimes in foreign states shall not be subject to extradition to these states.

2. Foreign nationals and stateless persons who have committed offences outside the boundaries of the Russian Federation and who are to be found in the territory of the Russian Federation may be extradited to a foreign state for bringing to be brought to criminal responsibility or to serve their sentences in conformity with international agreement of the Russian Federation.

Section II. Crime

Chapter 3. The Concept of Crime and the Types of Crimes

Article 14. The Concept of Crime

1. A socially dangerous act, committed with guilt and prohibited by this Code under threat of punishment, shall be deemed to be a crime.

2. The commission of an act, or an inaction, although formally containing the indicia of any act provided for by this Code, but which, by reason of its insignificance, does not represent a social danger that is, which caused no harm and has not created a treat of damage to a person, society, or the state, shall not be deemed a crime.

Article 15. Categories of Crimes

1. Depending on the nature and degree of social danger, the deeds provided for by this Code shall be divided into crimes of little gravity, crimes of average gravity, grave crimes, and especially grave crimes.

2. Intentional and careless acts, for the commission of which the maximum penalty stipulated by this Code does not exceed two years deprivation of liberty, shall be recognized as crimes of little gravity.

3. Qualified as the medium-gravity crimes shall be deliberate offences for whose commitment the maximum punishment stipulated by the present Code does not exceed five years of the deprivation of freedom, and careless crimes for whose commitment the maximum punishment stipulated by the present Code exceeds two years of the deprivation of freedom.

4. Intentional acts, for the commission of which the maximum penalty stipulated by this Code does not exceed 10 years deprivation of liberty, shall be recognized as grave crimes.

5. Intentional acts, for the commission of which this Code provides a penalty in the form of deprivation of liberty for a term exceeding 10 years, or a more severe punishment, shall be recognized as especially grave crimes.

Article 16. Abolished

Article 17. Cumulative Punishment

Federal Law No. 73-FZ of July 21, 2004 amended the first part of Article 17 of the present Code

1. The commission of two or more crimes for both of which the person has been convicted, shall be deemed cumulative punishment, except for the instances when the commission of two and more crimes is provided for by Articles of the Special Part of this Code as a circumstance entailing stricter punishment. In case of the cumulation of crimes, the person shall bear criminal responsibility for each committed crime under the respective Article or part of Article of this Code.

2. One act (inaction), containing the elements of crimes envisaged by two or more Articles of this Code, shall also be deemed to be a cumulation of crimes.

3. If a crime is covered both generally and specifically, then the cumulation of both crimes shall not be imposed and criminal responsibility shall arise according to the special elements.

Article 18. Recidivism

1. The committing of an intentional crime by a person who has a record of conviction for an intentional crime committed earlier shall be classified as the recidivism of crimes.

2. The recidivism of crimes shall be classified as a dangerous crime in the following cases:

a) when a person has committed a grave crime, for which he is sentenced to a real deprivation of liberty, if earlier this person has been sentenced twice or more times to deprivation of liberty for intentional medium gravity crimes;

b) when a person has committed an intentional grave crime, if he has been earlier convicted for a grave or especially grave crime to real deprivation of liberty.

3. Recidivism shall be deemed especially dangerous:

a) when a person has committed a grave crime, for which he is sentenced to a real deprivation of liberty, if earlier this person has been convicted twice and sentenced to real deprivation of liberty for a grave crime;

b) when a person has committed an especially grave crime, if earlier he has been convicted twice for grave crimes or has been convicted for an especially grave crime.

4. When recognizing the recidivism of crime, the following shall not be taken into account:

a) convictions for intentional crimes of little gravity;

b) convictions for crimes committed by a person of the age of less than 18 years;

c) convictions for crimes for which sentences have been recognized as suspended or for which a respite has been granted, if the suspended sentence or the respite have not been reversed and the person has not been sent for serving a sentence to institutions of confinement, as well as convictions quashed or struck from the criminal record in the procedure established by Article 86 of this Code.

5. Recidivism shall involve a stricter punishment on the basis of, and within the limits, envisaged by this Code.

Chapter 4. Persons Subject to Criminal Responsibility

Article 19. General Conditions for Criminal Responsibility

Only a sane natural person who has reached the statutory age envisaged by this Code shall be subject to criminal responsibility.

Article 20. The Age of Criminal Responsibility

1. A person who, before the commission of a crime, has reached the age of 16 years shall be subject to criminal responsibility.

Federal Law No. 73-FZ of July 21, 2004 amended the second part of Article 20 of the present Code

2. Persons who, before the commission of a crime, have reached the age of 14 years shall be subject to criminal liability for homicide (Article 105), intentional infliction of grave bodily injury causing a impairment of health (Article 111), intentional infliction of bodily injury of average gravity (Article 112), kidnapping (Article 126), rape (Article 131), forcible sexual actions (Article 132), theft (Article 158), robbery (Article 161), brigandism (Article 162), racketeering (Article 163), unlawful occupancy of a car or any other transport vehicle without theft (Article 166), intentional destruction or damage of property under aggravating circumstances (the second part of Article 167), terrorism (Article 205), seizure of a hostage (Article 206),making deliberately false report about an act of terrorism (Article 207), hooliganism under aggravating circumstances (the second part of Article 213), vandalism (Article 214), theft or possession of firearms, ammunition, explosives, and explosion devices (Article 226), theft or possession of narcotics or psychotropic substances (Article 229), the distruction of transport vehicles or ways of communication (Article 267).

3. If a minor has reached the age envisaged by the first and second parts of this Article, but in consequence of mental retardation not associated with mental derangement could not fully realize the actual character or social danger of his actions (inaction) during the commission of a socially dangerous deed, or could not control these actions, then he shall not be subject to criminal responsibility.

Article 21. Insanity

1. A person who, at the time of the commission of a socially dangerous act, was insane, that is, was unable to understand the actual character or social danger of his actions (inaction) or to govern them as a result consequence of a chronic or temporary mental derangement, mental deficiency or any other mental condition, shall not be subject to criminal responsibility.

2. Compulsory medical treatment, as envisaged in this Code, may be imposed by a court of law on a person who has committed a socially dangerous deed in a state of insanity.

Article 22. Criminal Responsibility of Persons with Mental Derangement that Does Not Equal Sanity

1. A person of sound mind, who during the commission of a crime, by virtue of mental derangement could not in full measure comprehend the actual character and social danger of his actions (inaction), or control them, shall be subject to criminal responsibility.

2. Mental derangement that does not equal sanity shall be taken into consideration by a court of law when it imposes punishment, and may serve as grounds for the imposition of corrective medical treatment.

Article 23. The Criminal Responsibility of Persons Who Have Committed Crimes in a State of Intoxication

A person who has committed a crime in a state of intoxication, caused by the use of alcoholic drinks, narcotics, or other stupefying substances, shall be subject to criminal responsibility.

Chapter 5. Guilt

Article 24. Forms of Guilt

1. A person who has committed an act deliberately or carelessly shall be deemed to be guilty of a crime.

2. An act committed negligently shall be recognized as a crime only in cases where this is specially provided for by the relevant Article of the Spesial Part of this code. Special Part of this Code.

Article 25. Crimes Committed Negligently

1. An act committed with express intent or extreme recklessness shall be recognized as crime committed intentionally.

2. A crime shall be deemed to be committed with clear intent, if the person was conscious of the social danger of his actions (inaction), foresaw the possibility or the inevitability of the onset of socially dangerous consequences, and willed such consequences to ensue.

3. A crime shall be deemed to be committed with indirect intent, if the person realized the social danger of his actions (inaction), foresaw the possibility of the onset of socially dangerous consequences, did not wish, but consciously allowed these consequences or treated them with indifference.

Article 26. A Crime Committed by Negligence

1. A criminal deed committed thoughtlessly or due to negligence shall be recognized as a crime committed by negligence.

2. A crime shall be deemed to be committed thoughtlessly, if the person has foreseen the possibility of the onset of socially dangerous consequences of his actions (inaction), but expected without valid reasons that these consequences would be prevented.

3. A crime shall be deemed to be committed due to negligence if the person has not foreseen the possibility of the onset of socially dangerous consequences of his actions (inaction), although he could and should have foreseen these consequences with reasoable.

Article 27. Responsibility for a Crime Committed with Two Forms of Guilt

If an intentional crime results in grave consequences, which under the law involve a stricter punishment but which were not included in the person's intent,then criminal responsibility for such consequences shall ensue only in cases where the person has foreseen the possibility of their onset, but expected without valid reasons that they would be prevented, or in cases where the person has not foreseen, but could and should have foreseen the possibility of the onset of these consequences. By and large, such crime shall be deemed to be committed willfully.

Article 28. Innocent Infliction of Harm

1. A deed shall be deemed to be committed innocently if the person who has performed it has not realized and could not realize due to the circumstances of the case the social danger of his actions (inaction), or has not foreseen the possibility of the onset of socially dangerous consequences and could not or should not foresee them due to the circumstances of the case.

2. A deed shall be deemed to be committed innocently if the person who has performed it, although has foreseen the possibility of the onset of the socially dangerous consequences of his actions (inaction), but could not prevent these consequences because of a failore of his psycho-physiological abilities to cope with the requirements of the extreme conditions or nervous and psychic stresses.

Chapter 6. Incomplete Offence

Article 29. Complete and Incomplete Offences

1. An offence shall be deemed to be complete if the deed committed by the person concerned contains all the elements of the corpus delicti, envisaged by this Code.

2. Preparations for an offence and an attempt to to commit it shall be deemed an incomplete offence.

3. Criminal responsibility for an incomplete offence shall ensue under the Article of this Code that stipulates responsibility for the complete offence, with reference to Article 30 of this Code.

Article 30. Preparations for a Crime, and Attempted Crimes

1. The looking for, manufacturing, or adapting by a person of means or instruments for committing a crime, the finding of accomplices for a crime, the conspiracy to commit a crime, or any other intentional creation of conditions to commit a crime shall be deemed preparations for a crime, unless the crime has been carried out owing to circumstances outside the control of this person.

2. Criminal responsibility shall ensue only for preparations to commit grave or especially grave crime.

3. Intentional actions (inaction) by the person concerned, directed expressly towards the commission of a crime, shall be deemed to be an attempted crime, unless the crime has been carried out owing to circumstances beyond the control of this person.

Article 31. Voluntary Refusal to Commit a Crime

1. The termination by the person concerned of preparations for a crime or the termination of actions (inaction) directed expressly at the commission of the crime shall be deemed to be a voluntary refusal to commit a crime, if the person was aware of the possibility of carrying out the crime.

2. A person shall not be subject to criminal responsibility for a crime if he voluntarily and finally refused to carry at this crime.

3. A person who has voluntarily refused to carry out a crime shall be subject to criminal responsibility if the deed performed by him in actual fact contains a different corpus delicti.

4. An organizer of a crime or an abettor of a crime shall not be subject to criminal responsibility if these persons have prevented the crime to be carried at by the perpetrator by informing in time the authorities, or by applying other measures. An abettor of a crime shall also not be subject to criminal responsibility if he has taken all due measures in order to prevent the commission of the crime.

5. If the actions of the organizer or the abettor, envisaged by the fourth part of this Article, have not resulted in the prevention of the crime by the perpetrator, then the measures taken by them may be recognized by a court of law as mitigating circumstances when imposing punishment.

Chapter 7. Complicity in a Crime

Article 32. The Concept of Complicity in a Crime

The intentional joint participation of two or more persons in the commission of a deliberate crime shall be deemed to be complicity in a crime.

Article 33. Types of Accomplices of a Crime

1. In addition to the perpetrator, organizers, instigators, and accessories shall be deemed accomplices.

2. A person who has actually committed a crime or who directly participated in its commission together with other persons (co-perpetrators), and also a person who has committed a crime by using other persons who are not subject to criminal responsibility by reason of age, insanity, or other circumstances provided for by this Code, shall be deemed to be a perpetrator.

3. A person who has organized the commission of a crime or has directed its commission, and also a person who has created an organized group or a criminal community (criminal organization) or has guided them, shall be deemed an organizer.

4. A person who has abetted another person in committing a crime by persuasion, bribery, threat, or by any other method shall be deemed an instigator.

5. A person who has assisted in the commission of a crime by advice, instructions on committing the crime, or removal obstacles to it, and also a person who has promised beforehand to conceal the criminal, means and instruments of commission of the crime, traces of the crime, or objects obtained criminally, and equally a person who has promised beforehand to acquire such objects, shall be deemed to be an accessory.

Article 34. The Responsibility of Accomplices in a Crime

1. The responsibility of accomplices in a crime shall be determined by the character and the degree of the actual participation of each of them in the commission of the crime.

2. Co-perpetrators shall be answerable under the Article of the Special Part of this Code for a crime committed by them jointly, without reference to Article 33 of this Code.

3. The criminal responsibility of an organizer, instigator, and accessory shall ensue under the Article that provides for punishment for the crime committed, with reference to Article 33 of this Code, except for in cases when they simultaneously were co-perpetrators of the crime.

4. A person who is not a participant in a crime specially indicated in the respective Article of the Special Part of this Code and who has taken part in the commission of the crime, stipulated by this Article, shall bear criminal responsibility for the given offence as its organizer, instigator, or accessory.

5. If the perpetrator of a crime fails to carry out this crime owing to circumstances beyond his control, then the rest of the co-perpetrators shall bear criminal responsibility for preparations for a crime or attempted crime. A person who has not managed to abet other persons in commiting a crime owing to circumstances, beyond his control shall also bear criminal responsibility for preparations for the crime.

Article 35. The Commission of a Crime by a Group of Persons, by a Group of Persons Under a Preliminary Conspiracy, and by an Organized Group of a Criminal Community (Criminal Organization)

1. A crime shall be deemed to be committed by a group of persons if two or more perpetrators have jointly participated in its commission without a preliminary conspiracy.

2. A crime shall be deemed to be committed by a group of persons in a preliminary conspiracy, if the persons took part in it after they had reached an agreement on the joint commission of a crime.

3. A crime shall be deemed to be committed by an organized group, if it has been committed by a stable group of persons who in advance united for the commission of one or more offences.

4. A crime shall be deemed to be committed by a criminal community (criminal organization), if it has been perpetrated by a united organized group (organization), set up to commit grave and especially grave crimes, or by an association of organized groups set up for these purposes.

5. A person who has created an organized group or a criminal community (criminal organization), or has directed them, shall be subject to criminal responsibility for their organization in cases, provided for by the respective Articles of the Special Part of this Code, and also for all the offences committed by the organized group or the criminal community (criminal organization), if they have been embraced by his intent. Other participants in the organized group or criminal community (criminal organization) shall bear criminal responsibility for their participation in cases provided for by the relevant Articles of the Special Part of this Code, and also for the crimes, in the preparation and commission of which they have taken part.

6. The creation of an organized group in cases which are not envisaged by Articles of the Special Part of this Code shall involve criminal responsibility for preparations for those offences for which it was set up.

7. The commission of a crime by a group of persons, a group of persons in a preliminary conspiracy, by an organized group, or a criminal community (criminal organization) shall involve strict punishment on the ground and within the limits provided for by this Code.

Article 36. Excess Perpetration of Crimes

The commission of a crime that is not embraced by the intent of other accomplices shall be deemed to be an excess of the perpetrator. Other accomplices to the crime shall not be subject to criminal responsibility for the excess of the perpetrator.

Chapter 8. Circumstances Excluding the Criminality of a Deed

Article 37. Necessary Defence

1. It shall not be deemed a crime when harm is inflicted in the state of necessary defence to an attacking person, i.e. in the case of protection of the personality and the rights of defendant or other persons, law-protected interests of the society or the state against a socially-dangerous attack if such an attack involved a violence threatening the life of the defendant or another person or an immediate threat of use of such a violence.

2. Defence against an attack not involving a violence threatening the life of the defendant or another person or an immediate threat of use of such a violence is legal if in this case the limits of necessary defence have not been surpassed, i.e. no deliberate actions have been committed which apparently did not match the character and danger of the attack.

2.1. Actions of a defendant shall not be deemed as surpassing the limits of necessary defence if the defendant could not fairly assess the degree and nature of the threat posed by the attack.

3. The right to necessary defence equally belongs to all persons, irrespective of their professional or other special training background and position. This right belongs to the person, irrespective of the possibility of evading a socially-dangerous attack or asking other persons or authorities for help.

Article 38. The Infliction of Harm on a Detained Person Who Has Committed a Crime

1. The infliction of harm on a person who has committed a crime, during his detention, during his delivery to the authorities and in thwarting the possibility of the commission by him of further offences shall not be deemed a crime, unless it was possible to detain such person and there was an excess of the measures needed for this detention.

2. Clear disproportion between the measures needed for the detention of the person who has committed a crime and the character and the degree of the social danger of the offence perpetrated by the detained person and the circumstances of the detention, when the harm is caused to the infringer without valid reasons, shall be deemed to be excess of the necessary measures. Such excess shall involve criminal responsibility only in cases of the intentional infliction of harm.

Article 39. Extreme Necessity

1. The harming of legally protected interests in a state of extreme necessity, that is, for the purpose of removing a direct danger to a person or his rights, or to the rights of other persons, to the legally-protected interests of the society or the State, shall not be deemed to be a crime if this danger could not be removed by other means and if there was no exceeding the limits of extreme necessity.

2. The infliction of a harm that obviously does not correspond to the nature and the degree of threatened danger, nor to the circumstances under which the danger was removed, when equal or more considerable harm was caused to said interests than the harm averted, shall be deemed to be excess of extreeding necessity.

Such excess shall involve criminal responsibility only in cases of the intended infliction of harm.

Article 40. Physical or Psychic Coercion

1. The infliction of harm on the criminal-law protected interests as a result of physical coercion shall not be a crime, if in consequence of such coercion the person concerned could not guide his actions (inaction).

2. The question of criminal responsibility for the infliction of harm on the criminal-law protected interests as a result of psychic coercion, and also as a result of physical coercion, in consequence of which the person concerned has retained the possibility of guiding his actions, shall be settled with due account of the provisions of Article 39 of this Code.

Article 41. Justified Risk

1. No criminal responsibility shall ensue for infliction of harm to legally protected interests provided the risk is justified by attaining socially useful goal.

2. Risk shall be regarded as justified unless the said purpose couldy have been attained through action (inaction) not associated with risk and provided a person that committed the risk has undertaken all measures sufficient to prevent harm to legally protected interests. 3. Risk shall not be regarded as justified if it was known toly involve a threat to the life of many persons, a hazard of environmental or societal disaster.

Article 42. Execution of Order or Instruction

1. Infliction of harm to legally protected interests shall not beto qualified as an act of crime provided it was caused by a person acting in execution of an order or instruction binding on him. Criminal responsibility for infliction of such harm shall be borne by a person who gave illegal order or instruction.

2. Person who committed intentional offence in execution of order or of instruction known to be illegal, shall be liable under usual terms. Failure to execute order or instruction known to be illegal shall preclude criminal liability.

Section III. Punishment

Chapter 9. The Concept and the Purposes of Punishment.

Types of Punishment.

Article 43. The Concept and the Purposes of Punishment

1. Punishment is a measure of state compulsion assigned by a court's judgement. Punishment shall be applied to a person who has been found guilty of the commission of a crime. It consists of the depreciation or restriction of the rights and freedoms of this person, as provided for by this Code.

2. Punishment shall be applied for the purpose of restoring social justice, and also for the purpose of reforming a convicted person and of preventing the commission of further crimes.

Article 44. Penalties

The following penalties may be applied:

a) fines;

b) deprivation of the right to hold specified offices or to engage in specified activities;

c) deprivation of a special and military rank or honorary title, class rank and of government decorations;

d) compulsory works;

e) corrective labour;

f) restriction in military service;

g) abolished

h) restricted liberty;

i) arrest;

j) service in a disciplinary military unit;

k) deprivation of liberty for a definite period;

l) deprivation of liberty for life;

m) capital punishment.

Article 45. Basic and Additional Penalties

1. Compulsory work, corrective labour, restriction in military service, restriction of liberty, arrest, service in a disciplinary military unit, deprivation of a liberty for a definite term, deprivation of liberty for life, and capital punishment shall be applicable as basic penalties alone.

2. Fines and deprivation of the right to hold specified offices or to engage in specified activity shall be applicable both as basic and additional penalties.

3. Deprivation of a special or military rank, or honorary title, class rank or government decorations shall be applicable as additional penalties alone.

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.

Article 47. Deprivation of the Right to Hold Specified Offices or to Engage in Specified Activities.

1. Deprivation of the right to hold specified offices or to engage in specified activities consists of the prohibition to hold offices in the civil service and local self-government bodies, or to engage in a professional or any other activity.

2. Deprivation of the right to hold specified offices or to engage in specified activities shall be established for a term of one year to five years as a basic penalty, or for a term of six months to three years as an additional penalty.

3. Deprivation of the right to hold specified offices or to engage in specified activities may be imposed as an additional penalty also in cases where it is not provided for by the relevant Article of the Special Part of this Code as punishment for the corresponding offence, if with due account of the nature and the degree of the social danger of the crime committed and the personality of the convict, the court deems it impossible to allow him to retain the right to hold specified offices or to engage in specified activities.

4. In the event that this type of penalty is imposed in addition to compulsory or corrective work, and also in the event of conditional conviction, its term shall be counted from the time of the enforcement of the court's judgement. In the event that deprivation of the right to hold specified offices or to engage in specified activities is an additional penalty to the restriction of liberty, arrest, service in a disciplinary military unit, or deprivation of liberty, this punishment shall extend to the entire time of serving said basic penalties, but its term shall be counted from the time they have been served.

Article 48. Deprivation of Special or Military Rank or Honorary Title, Class Rank, or Government Decoration

Upon conviction for a grave or especially grave crime, a court of law may deprive the guilty person of his special or military rank, orof his honorary title, class rank, or government decoration, with due account for his personality.

Article 49. Compulsory Works

According to the Federal Law No. 64-FZ of June 13, 1996 (in the wording of January 10, 2002), the provisions of the present Code on the punishment in the form of obligatory labour shall be put into effect by a Federal Law after the entry into force of the Criminal Execution Code of the Russian Federation as there are created the necessary conditions for the execution of this type of punishment but no later than the year 2004

1. Compulsory work consists in the performance of free socially useful works by the convicted person during his spare time. The type of compulsory works and the objects where they are to be served shall be determinable by local self-government bodies by approbation of criminal execution inspectorates.

2. Compulsory works shall be fixed for a period of 60 to 240 hours, and shall be served during not more than four hours a day.

3. In the event the convicted person maliciously evades performing of his compulsory works, the latter shall be replaced with the restriction of liberty, arrest or deprivation of liberty . The time during which the convicted person has served the compulsory works shall be counted in case of the determination of the term of restricting liberty, arrest or deprivation of liberty at the rate of one day of restricted liberty or arrest per eight hours of compulsory works.

4. Compulsory works shall not be imposed upon persons who are deemed to be invalids of the first group, pregnant women, women with children of less than eight years of age, upon military servicemen undergoing military service after call-up, or upon military servicemen undergoing military service on a contractual basis in the capacity of soldiers and sergeants, if they at the time of sentencing by a court of law have not served the term of military service after call-up established by laws.

Article 50. Corrective Labour

1. Corrective labour shall be imposed upon a convicted person who does not have a principal place of business and shall be served at places, determinable by a local self-government body by approbation of the body executing punishment in the form of corrective labour, but in the area of a convicted person's permanent residence.

2. Corrective labour shall be imposed for a term of from two months to two years.

3. Deductions for the benefit of the State shall be made from the earnings of the person sentenced to corrective labour, in the amount fixed by the court's judgement, within the limits from five to 20 percent.

4. Where a person who is sentenced to corrective labour maliciously evades serving his punishment, a court of law may replace the remaining part of the term of corrective labour by the restriction of liberty, arrest or deprivation of liberty at the rate of one day of restricted liberty per one day of corrective labour, one day of arrest per two days of corrective labour, or one day of deprivation of liberty per three days of corrective labour.

5. Correctie labour shall not be imposed upon persons who are deemed to be invalids of the first group, pregnant women, women with children of less than eight years of age, upon military servicemen undergoing military service after call-up, or upon military servicemen undergoing military service on a contractual basis in the capacity of soldiers and sergeants, if they at the time of sentencing by a court of law have not served the term of military service after call-up established by laws.

Article 51. Restriction in Military Service

1. Restriction in military service shall be imposed upon convicted servicemen undergoing military service under a contract for a term of three months to two years, in cases envisaged by the corresponding Articles of the Special Part of this Code for the commission of offences against military service, and shall also be imposed upon servicemen undergo military service under a contract in a place of corrective labour, as stipulated by the relevant Articles of the Special Part of this Code.

2. Deductions for the benefit of the State shall be made from the allowance of a person convicted to restriction in military service in the amount, fixed by the court's judgement, of not more than 20 percent. During the serving of this punishment the convicted person may not be promoted in his post or in military rank, and the period of punishment shall not be counted in the period of seniority for purposes of promotion in rank.

Article 52. abolished

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.

Article 54. Arrest

According to the Federal Law No. 64-FZ of June 13, 1996, the provisions of the present Code on the punishment in the form of arrest shall be put into effect by a federal law after the entry into force of the Criminal Execution Code of the Russian Federation as there are created the necessary conditions for the execution of this type of punishment but no later than the year 2001

1. Arrest consists in the maintenance of a convicted person in conditions of strict isolation from society, and shall be imposed for a term of one to six months. In the event that compulsory works or corrective labour is replaced by arrest, the latter may be imposed for a term of not less than one month.

2. Arrest shall not be imposed on persons who have not reached 16 years of age by the time of adjudication, nor upon pregnant women or women who have children of less than fourteen years of age.

3. Servicemen shall be taken into custody in the stockage.

Article 55. Service in a Disciplinary Military Unit

1. Service in a disciplinary military unit shall be imposed upon servicemen undergoing military service after call-up, and also upon servicemen undergoing military service under contract as enlisted men, if at the time of adjudication they have not served their statutory terms under call up. This punishment shall be imposed for a term of three months to two years in cases provided for by the corresponding Articles of the Special Part of this Code for the commission of crimes against military service, and also in cases when the nature of the crime and the personality of the guilty person testify to the possibility of replacing deprivation of liberty with a term of less than two years, with service by the convicted person in a disciplinary military unit for the same term.

2. When a convicted person serves in a disciplinary military unit instead of deprivation of liberty, the term of service in the disciplinary military unit shall be determined at the rate of one day of deprivation of liberty per one day of service in the disciplinary military unit.

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.

3. abolished.

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 of Freedom

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.

Article 59. Capital Punishment

1. Capital punishment, as an exclusive penalty, may be imposed only for especially grave crimes encroaching on human life.

2. Capital punishment shall not be applied to women, nor to persons who have committed offences at below 18 years of age, nor and to men who have reached 65 years of age by the time of adjudication.

3. Capital punishment by way of pardon may be replaced with deprivation of liberty for life or by deprivation of liberty for a term of 25 years.

Chapter 10. Imposition of Punishment

Article 60. General Principles for Imposing Punishment

1. The court shall impose just punishment on a person who has been found guilty of the commission of a crime, within the limits stipulated by the relevant Article of the Special Part of this Code, and with due account for the provisions of the General Part of this Code. A stricter penalty from among several provided for one crime shall be imposed only if a milder penalty cannot ensure the achievement of the purposes of punishment.

2. Stricter punishment than that envisaged by the relevant Articles of the Special Part of this Code for the committed crime may be imposed for the cumulation of offences and for the cumulation of sentences in keeping with Article 69 and 70 of this Code. Grounds for the imposition of a lighter punishment than that stipulated by the relevant Article of the Special Part of this Code for the perpetrated crime shall be determined by Article 64 of this Code.

3. In imposing punishment, the court shall take into consideration the nature and the degree of the social danger of the crime and the personality of the convict, including any mitigating or aggravating circumstances, and also the influence of the imposed penalty on the rehabilitation of the convicted person and on the conditions of life of his family.

Article 61. Circumstances Mitigating Punishment

1. The following circumstances shall be deemed to be mitigating circumstances:

a) commission of a crime of small gravity in consequence of a coincidence of circumstances;

b) age of minority of a guilty person;

c) pregnancy;

d) a guilty persons, responsibility for his infant children;

e) commission of crime in consequence of a coincidence of personal circumstance, or out of compassion;

f) commission of a crime as a result of physical or mental coercion, or by reason of material, official, or any other dependence;

g) commission of crime through a breach of the lawful conditions for necessary defence, the detention of a person who has perpetrated the crime, extreme necessity, justified risk, or the execution of orders or instructions;

h) the illegality or amorality of the victim's behavior, which served as a pretext for the crime;

i) the criminal's giving himself up, or actively assisting in the exposure of a crime, catching other accomplices in a lie, or searching for property stolen as a result of a crime;

j) rendering of medical or other aid to the victim after the commission of the crime, voluntary compensation for material loss and mental injury caused as a result of the crime, and other actions of effecting restitution of damage caused to the victim.

2. In imposing punishment, the court of law may take into consideration other mitigating circumstances not provided for by the first part of this Article.

3. If a mitigating circumstance is provided for by the corresponding Article of the Special Part of this Code as an element of another crime, then it in itself may not be considered for that second crime.

Article 62. Imposition of Punishment in the Presence of Mitigating Circumstances

In the presence of mitigating circumstances provided for by Items (i) or (j) of the first part of Article 61 of this Code, and in the absence of aggravating circumstances, the term and scope of punishment may not exceed three-fourths of the maximum term or scope of the strictest penalty envisaged by the relevant Article of the Special Part of this Code.

Article 63. Circumstances Aggravating Punishment

1. The following circumstances shall be deemed to be aggravating circumstances:

a) recidivism of offences;

b) grave consequences of the commission of a crime;

c) commission of a crime by a group of persons or a group of persons as a result of a preliminary conspiracy, by an organized group, or by a criminal community (criminal organization);

d) especially active role played in the commission of a crime;

e) involvement in the commission of the crime of the persons who suffer from heavy mental derangement or who are in a state of intoxication, or of persons who have not reached the age of criminal responsibility;

f) commission of a crime by reason of national, racial, or religious hatred or enmity, out of revenge for the lawful actions of other persons, or with the purpose of concealing or facilitating another crime;

g) commission of a crime against a person or his relatives in connection with his official activity or the discharge of his public duty;

h) commission of a crime against a woman who is obviously in a state of pregnancy, or against a minor, another defenseless or helpless person, or a person who is dependent on the guilty person;

i) commission of a crime with especial brutality, sadism, or mockery, or involving torments for the victim;

j) commission of a crime with the use of weapons, ammunition, explosives, fake explosives, specially manufactured technical means, poisonous or radioactive substances, medicinal or other chemical and pharmacological preparations, or with the use of physical or mental compulsion;

k) commission of a crime during a state of emergency, natural or social disaster, or during mass disturbances;

l) commission of a crime, abusing confidence placed in the guilty person through his official position, or through a contract;

m) commission of a crime with the use of uniforms or documents of representatives of the authorities.

2. If the aggravating circumstance are provided for by the corresponding Article of the Special Part of this Code as elements of anouther crime, then they in and of themselves may not be repeatedly considered in case of imposing punishment.

Article 64. Imposition of a More Lenient Punishment Then That Provided for the Given Crime

1. In the presence of exceptional circumstances related to the purposes and motives of the crime, the role played by the guilty person, his behavior during or after the commission of the crime, or other circumstances essentially reducing the degree of the social danger of the crime, and also with the active assistance of an accomplice in a group crime in the disclosure of this crime, the most lenient punishment stipulated by the corresponding Article of the Special Part of this Code may be imposed, or the court of law may even impose a more lenient penalty than that provided for by this Article, or may not apply an additional penalty envisaged as obligatory.

2. Both particular mitigating circumstances and the totality of such circumstances may be recognized as exceptional.

Article 65. Imposition of Punishment in Case of a Verdict of Leniency Passed by the Jury

1. The term or the scope of punishment for a person who is found guilty by a jury of the commission of a crime, and who deserves leniency, may not exceed two-thirds of the maximum term or scope of the strictest punishment provided for the crime perpetrate. If the corresponding Article of the Special Part of this Code provides for capital punishment or deprivation of liberty for life, then these penalties shall not be applied, while the punishment shall be imposed within the limits of the sanction provided for by the appropriate article of the Special Part of this Code.

2. abolished.

3. When imposing punishment for cumulative crimes or under cumulative sentences, the penalty, its term and scope shall be determinable according to the rules provided for by Article 69 and 70 of this Code.

4. When imposing punishment on a person who is found guilty by a verdict of a jury of the commission of a crime, but who deserves leniency, any aggravating circumstances shall not be taken into account.

Article 66. Imposition of Punishment for an Unfinished Crime

1. In imposing punishment for an unfinished crime, the court of law shall take into account the circumstances, by virtue of which the crime was not brought to completion.

2. The term or the scope of punishment for preparations for a crime may not exceed half the maximum term or scope of the most severe penalty prescribed by the relevant Articles of the Special Part of this Code for the finished crime.

3. The term or extent of punishment for an attempted crime may not exceed three-fourths of the maximum term or scope of the most severe penalty prescribed by the relevant Article of the Special Part of this Code for the finished crime.

4. Neither capital punishment nor deprivation of liberty for life shall be imposed for the preparations for a crime or for an attempted crime.

Article 67. Imposition of Punishment for a Criminal Conspirasy.

1. In imposing punishment for a criminal conspirasy, the court of law shall take into consideration the nature and the degree of the actual participation of the person in its perpetration, and also the importance of this participation for the achievement of the purpose of the crime, and its influence on the nature and on the amount of inflicted or possible damage.

2. Mitigating or aggravating circumstances relating to the personality of one of the accomplices shall be taken by the court into account when it imposes its penalty for this individual accomplice.

Article 68. Imposition of Punishment in Case of Recidivism of Crimes

1. When imposing punishment in a case of recidivism, dangerous recidivism or especially dangerous recidivism, account shall be taken of the nature and degree of the social danger of the crimes committed earlier, the circumstances by virtue of which corrective influence of the previous punishment has proved to be insufficient, and also the nature and degree of the social danger of the newly committed crimes.

2. The term of punishment in a case of any recidivism may not be less than one third of the maximum term of the most severe penalty prescribed for the crime committed, but within the limits of the sanction of the appropriate article of the Special Part of this Code.

3. In the event of any recidivism of crimes where a court of law establishes the mitigating circumstances provided for by Article 61 of this Code, the term of imposed punishment may be less than one third of the maximum term of the most severe penalty provided for committing the crime but within the sanction of the appropriate article of the Special Part of this Code, while in the presence of exceptional circumstances, provided for by Article 64 of this Code, a more lenient punishment than the one stipulated for a given crime may be imposed.

Article 69. Imposition of Punishment for Cumulative Crimes

1. In case of cumulative of crimes, punishment shall be imposed separately for each crime committed.

2. If crimes committed cumulatively only represent offences of little or medium gravity, then final punishment shall be imposed by the incorporation of the less severe penalty with a more severe one, or by partial or full adding-up of imposed penalties. In this case, the final punishment may not exceed by more than half the maximum term or scope of punishment prescribed for the gravest of the crimes committed.

3. Where at least one of the crimes committed cumulatively is a grave or especially grave crime, then the final penalty shall be imposed by the partial or full adding-up of penalties. In this case, the final punishment in the form of deprivation of liberty may not exceed by more than half the maximum term of punishment in the form of deprivation of liberty provided for the gravest of the committed crimes.

4. Additional penalties may be joined to the basic penalties in case of cumulative crimes. In case of partial or full addition of penalties, final additional punishment may not exceed the maximum term or scope prescribed for this type of punishment by the General Part of this Code.

5. Punishment shall be imposed under the same rules, if after the court delivers its judgement in the case it is established that the convicted person is guilty of still another crime committed by him before adjudication in the first case. In this instance, the punishment served under the first judgement of the court shall be included in the final punishment.

Article 70. Imposition of Punishment by Cumulative Sentences

1. In imposing punishment by cumulative of sentences, the court of law shall add, in part or in full, the unserved part of the penalty under the court's previous sentence to the penalty imposed by the court's latest judgement.

2. The final punishment by cumulative sentences, if it is still less than deprivation of liberty, may not exceed the maximum term or scope stipulated by the General Part of this Code for the given penalty.

3. The final punishment by cumulative sentences in the form of deprivation of liberty may not exceed 30 years.

4. The final punishment by cumulative sentences must be greater than either the punishment imposed for the new crime, or the unserved part of the punishment under the previous court's judgement, alone.

5. In case of the imposition of punishment by cumulative sentences, additional penalties may be added under the rules envisaged by the fourth part of Article 69 of this Code.

Article 71. Procedure for the Determination of Terms of Punishment in Case of the Addition of Penalties

1. In case of partial or full addition of penalties for cumulative crimes and sentences, the following measures shall correspond to one day of deprivation of liberty:

a) one day of arrest or of service in a disciplinary military unit;

b) two days of restraint of liberty;

c) three days of corrective labour or restriction in military service;

d) eight hours of compulsory works.

2. A fine or deprivation of the right to hold specified offices or to engage in specified activities, deprivation of a special or military rank, or of an honorary title, class rank, or government decoration, when they are added to restraint of liberty, arrest, service in a disciplinary military unit, or deprivation of liberty shall be executed independently.

Article 72. Calculation of the Terms of Punishment and Set-off of Punishment

1. Terms of the deprivation of the right to hold specified offices or to engage in specified activities, of corrective labour, restriction in military service, restraint of liberty, arrest, service in a disciplinary military unit, and deprivation of liberty shall be counted in months and years, while compulsory works - in hours.

2. Terms of punishment may be counted in days in case of replacement of a penalty or the addition of penalties envisaged by the first part of this Article, and also in case of the set-off of punishment.

3. The time of custody pending the trial shall be counted in terms of deprivation of liberty, service in a disciplinary military unit, or arrest at the rate of one day for one day, of restraint of liberty at the rate of one day for two days, of corrective labour and restriction in military service at the rate of one day for three days, and the time of compulsory works at the rate of one day of custody for eight hours of compulsory works.

4. The time of custody pending the entry of the court's judgement into force, and the time of serving deprivation of liberty, imposed by the court for crime committed outside the confines of the Russian Federation, shall be counted at the rate of one day per one day in case of the surrender of the person under Article 13 of this Code.

5. In imposing a fine or deprivation of the right to hold specified offices or engage in specified activities on a convicted person, kept in custody pending trial, as a basic penalty the court of law shall mitigate punishment or fully set him free from serving this punishment.

Article 73. Conditional Sentence

1. If by imposing corrective labour, restriction in military service, restraint of liberty, service in a disciplinary military unit, or deprivation of liberty for a term of up to eight years the court of law arrives at the conclusion that it is possible to rehabilitate the convicted person without his real serving punishment, then the court shall decree that the imposed penalty is suspended.

2. In imposing a conditional sentence the court of law shall take account of the nature and the degree of the social danger of the crime committed, of the personality of the guilty person, and of mitigating and aggravating circumstances.

3. In imposing a conditional sentence, the court shall fix a probationary period, during which the person convicted conditionally should prove his rehabilitation by his behavior. If deprivation of liberty is imposed for a term of up to one year, or if a more lenient penalty is imposed, then the probationary period shall be not less than six months and not more than three years. If deprivation of liberty is imposed for a term of over one year, then the probationary period shall be not less than six months and not more than five years.

4. In conditional sentencing, additional penalties may be inflicted.

5. In imposing a suspended sentence, the court of law may place definite duties on the conditionally convicted person: not to change his permanent place of residence, work, or study without notifying a specialized state body engaged in the correction of the convict, not to attend certain places, to undergo a course of treatment for alcoholism, drug addiction, toxicology, or venereal disease, and to render material support to his family. The court of law may place other duties on the conditionally convicted person, which are conducive to his reformation.

6. Control over the behaviour of a conditionally convicted person shall be exercised by the specialized state body authorized therefor, and control over the behaviour of servicemen shall be exercised by the commanders of military units and establishments.

7. During the probationary period, the court may revoke in full or in part the duties established for the conditionally convicted person, and supplement the duties fixed earlier, on the proposal of the body exercising control over the behaviour of the conditionally convicted person.

Article 74. Reversal of a Conditional Sentence or Prolongation of the Probationary Period

1. If before the expiry of the probationary period the conditionally convicted person proves his reformation, then the court may decree the reversal of the conditional sentence and strike the conviction off the convict's criminal record upon the proposal of the body exercising control over the behaviour of the conditionally convicted person. In this case, the conditional sentence may be reversed upon the expiry of not less than half of the fixed probationary period.

2. If the conditionally convicted person has evaded the duties placed on him by the court, or has breached the public order, for which an administrative penalty has been imposed on him, then the court of law may extend the probationary period - but for not more than one year - upon the proposal of the body referred to in the first part of this Article.

Federal Law No. 78-FZ of July 26, 2004 amended the third part of Article 74 of the present Code

3. If during the probationary period the conditionally convicted person systematically or maliciously fails to execute the duties places on him by the court or if the conditionally convicted person has hidden himself from control, then the court of law may, upon the proposal of the body referred to in the first part of this Article, decree the reversal of the conditional sentence and the imposition of the suspended punishment.

4. If the conditionally convicted person commits a crime by negligence or a willful crime of small gravity during the probationary period, then the question of reversal or the preservation of the conditional sentence shall be decided by a court of law.

5. If the conditionally convicted person commits a willful crime of average gravity, an intended grave, or an especially grave crime during the probationary period, then the court shall reverse the conditional sentence and impose punishment on him under the rules provided for by Article 70 of this Code. In cases stipulated by the fourth part of this Article, punishment shall be imposed under the same rules.

Section IV. Release from Criminal Responsibility and Punishment

Chapter 11. Release from Criminal Responsibility

Article 75. Release from Criminal Responsibility in Connection with Active Repentance

1. A person who has committed a crime of small or medium gravity for the first time may be released from criminal responsibility, if after the perpetration of the offence he has given himself up, assisted in the exposure of a crime, made compensation for the damage he inflicted, or in any other way effected restitution for the damage caused as a result of the crime, which has ceased to be socially dangerous as a result of active repentance.

2. In the presence of the conditions stipulated by the first part of this Article, a person who has committed a crime of another category may be released from criminal responsibility only in cases specially provided for by the corresponding Articles of the Special Part of this Code.

Article 76. Release from Criminal Responsibility in Connection with Reconciliation with the Victim

A person who has committed a crime of small or medium gravity for the first time may be released from criminal responsibility if he has reconcil with the victim and has made restitution for any damage inflicted on the victim.

Article 77. Abolished

Article 78. Release from Criminal Responsibility in Connection with the Expiration of Statutes Limitation on Actions

1. A person shall be released from criminal responsibility if the following time-limits have expired since the day of commission of a crime:

a) two years after the commission of a crime of small gravity;

b) six years after the commission of a crime of average gravity

c) ten years after the commission of a grave crime;

d) fifteen years after the commission of an especially grave crime.

2. The limitation period shall be counted from the day of committing a crime to the time of the entry of a court's judgement into legal force. If a person commits a new crime, then the limitation period for each crime shall be counted independently.

3. The running of a limitation period shall be stopped if the person who has committed the crime evades the investigation or court trial. In this case, the running of the limitation period shall be resumed upon the time of detaining said person or his acknowledgement of guilt.

4. The question of the application of the limitation period to a person who has committed a crime punishable with the death penalty or deprivation of liberty for life shall be settled by a court of law. If the court does not deem it possible to release said person from criminal responsibility in connection with the expiry of the limitation period, then the death penalty or deprivation of liberty for life shall not be applied.

5. The periods of limitation shall not be applied to persons who have committed crimes against the peace and security of humankind, as provided for by Articles 353, 356, 10000357, and 358 of this Code.

Chapter 12. Release from Punishment

Article 79. Conditional Early Release from Punishment

1. A person who has served in a disciplinary military unit, or deprivation of liberty shall be subject to conditional release ahead of time if the court finds out that for his rehabilitation he does not need to serve the full punishment imposed by the court. In this case the person may be fully or partially released from the remaning term of punishment.

2. In granting conditional early release, the court may place on the convicted person the duties provided for by the fifth part of Article 73 of this Code, which duties shall be executed by him during the remaining term of punishment.

3. Conditional early release may be applied only after the actual serving by the convicted person:

a) of not less than one third of the term of punishment imposed, for a crime of small or average gravity;

b) of not less than a half of the term of punishment imposed, for grave crime;

c) of not less than two thirds of the term of punishment imposed, for an especially grave crime, and also of three-fourths of the term of punishment imposed on a person who was released conditionally and short of term, if the conditional early release was reversed on the grounds, provided for by the seventh part of this Article.

4. The term of deprivation of liberty actually served by the convicted person may not be less than six months.

5. A person who serves deprivation of liberty for life may be released conditionally and short of the term, if the court finds that he does not need to serve this punishment subsequently and if he has actually s served not less than 25 years of his sentence. The conditional release ahead of time from further serving deprivation of liberty for life shall only apply where there are no malicious breaches of the established procedure for serving the punishment within the previous three years. The conditional release ahead of time shall not apply to a person who has committed, while serving deprivation of liberty for life, a new grave or especially grave crime.

6. Control over the behaviour of the person released conditionally and short of term shall be exercised by the specialized state body authorized therefor, while control over the behaviour of servicemen shall be exercised by the commanders of military units and establishments.

7. If during the remaining term of punishment:

a) the convicted person has made a breach of public order, for which an administrative penalty was imposed on him, or has maliciously evaded the execution of the duties placed on him by a court of law in grating the conditional early release, then the court, on the proposal of the bodies referred to in the sixth part of this Article, may decree the reversal of the conditional early release and the reimposition of the remaining term of punishment;

b) the convicted person has committed a crime by negligence, then the question of reversal or the preservation of the conditional early release shall be resolved by a court of law;

c) the convicted person has committed a willful crime, then the court shall impose punishment on him under the rules stipulated by Article 70 of this Code. In case of the commission of a crime by carelessness, the court of law imposes punishment under the same rules if the conditional early release is reversed.

Article 80. The Replacement of the Unserved Term of Punishment with a Milder Penalty

1. With due account for the behaviour of a person who serves restriction of liberty, custody in a disciplinary military unit or deprivation of liberty, the court of law may replace the remaining term of punishment with a milder penalty. In this case, the person may be fully or partially released from serving the additional penalty.

2. The non-served part of the punishment may be replaced with a milder kind of punishment after the person sentenced to the deprivation of freedom has served for committing:

- a crime of minor or medium gravity - no less than one third of the term of punishment;

- a grave crime - no less than a half of the term of punishment;

- an especially grave crime - no less than two thirds of the term of punishment.

3. In case of the replacement of the remaning term of punishment, the court may choose any milder penalty in keeping with the penalties referred to in Article 44 of this Code, within the limits prescribed by this Code for each penalty.

Article 80.1. Release from Punishment Due to Change of Situation

A person who has committed a crime of little or medium gravity shall be released by a court of law from serving punishment if it is established that this person or the crime committed by him has ceased to be socially dangerous due to the change of the situation.

Article 81. Release from Punishment Due to Illness

1. A person with mental derangement, after the commission of a crime, which derangement deprives him of the possibility of realizing the actual nature and social danger of his actions (inaction), or of controlling them, shall be released from punishment; while a person who is serving punishment in such astate shall be released from the further serving of his sentence.

3. Servicemen who are under arrest or who are serving in a disciplinary military unit shall be released from the further serving of punishment due to illness that renders them unfit for military service. The remaining term of punishment may be replaced with a milder penalty.

4. Persons referred to in the first and second parts of this Article may be brought to criminal responsibility and punishment in case of their recovery, unless the periods of limitation have expired, as provided for by Article 78 and 83 of this Code.

Article 82. Suspended Sentence for Pregnant Women and Women with Infants

1. A court of law may defer the real serving of punishment by convicted pregnant women and women with children of up to fourteen years of age, except for those sentenced to deprivation of liberty for a period of over five years for grave and especially grave crimes against the person, until the child attains fourteen years of age.

2. If a convicted woman, referred to in the first part of this Article, has abandoned her child or continues to evade its upbringing after a warning made by the body exercising control over the convicted woman, in respect of whom the serving of punishment has been suspended, then the court of law may, upon the proposal of this body, set aside the suspended serving of punishment and send the convicted woman to serve the sentence in the place assigned by the court's judgement.

3. After the child reaches fourteen years of age, the court shall relieve the convict of serving the punishment or of the remaining part of the punishment, or shall replace the remaining part of the punishment with a milder kind of punishment.

4. If the convicted woman commits a new crime during the period of suspension of punishment, then the court of law shall impose punishment on her according to the rules prescribed by Article 70 of this Code.

Article 83. Release from Punishment in Connection with the Expiry of the Limitation Period of the Court's Sentence

1. A person convicted for the commission of a crime shall be released from punishment, unless the court's sentence has been enforced within the following periods since the time of its entry into legal force:

a) two years, in case of conviction for a crime of little gravity;

b) six years, in case of conviction for a crime of average gravity;

c) 10 years, in case of conviction for a grave crime;

d) 15 years, in case of conviction for an especially grave crime.

2. The running of the limitation period shall be suspended if the convicted person evades serving punishment. In this case, the running of the limitation period shall be resumed since the time of detention of the convicted person or the acknowledgement of his guilt. The periods of limitation that have expired by the time of evasion by the convicted persons of the serving of their punishment shall be subject to set-off.

3. The question of the application of the limitation periods to a person sentenced to capital punishment or deprivation of liberty for life shall be settled by a court of law. If the court fails to deem it possible to apply the limitation periods, then these penalties shall be replaced with deprivation of liberty for a definite term.

4. Limitation periods shall not be applicable to persons convicted for the commission of crimes against the peace and the security of mankind, as provided for by Articles 353, 256, 10000357, and 358 of this Code.

Chapter 13. Amnesty. Pardon. Criminal Record

Article 84. Amnesty

1. Amnesty may be declared by the State Duma of the Federal Assembly of the Russian Federation with regard to a broad class of persons.

2. Persons who have committed crimes may be relieved from criminal responsibility by an act of amnesty. Persons convicted for the commission of crimes may be released from punishment, or the punishment imposed on them may be reduced or replaced with a milder penalty, or such persons may be released from the additional penalties. The criminal records may be struck from persons who have served punishment, through an act of amnesty.

Article 85. Pardon

1. Pardon may be granted by the President of the Russian Federation in respect of a specific person.

2. A person who has been convicted for a crime may be released from the further serving of his sentence, or the inflicted punishment may be reduced or replaced with a milder penalty by an act of pardon. The criminal record may be struck from a person who has served punishment, through an act of pardon.

Article 86. Criminal Record

1. A person sentenced for a committed crime shall be deemed to be convicted from the day of the entry of the court's sentence into legal force, until such time as the conviction is quashed or struck from his criminal record. In keeping with this Code, criminal record shall be considered in cases of recidivism of crimes and during the imposition of punishment.

2. A person released from punishment shall be deemed to be non-convicted.

3. Criminal records shall be expunged in respect of the following persons:

a) persons convicted conditionally - upon the expiry of the period of probation;

b) persons sentenced to penalties milder than deprivation of liberty - upon the expiry of one year after punishment was completed or executed;

c) persons sentenced to deprivation of liberty for crimes of small or average gravity - upon the expiry of three years after punishment was completed;

d) persons sentenced to deprivation of liberty for grave crimes - upon the expiry of six years after punishment was completed;

e) persons sentenced for especially grave crimes - upon the expiry of eight years after punishment was completed.

4. If a convicted person has been released from punishment short of term, in the statutory order, or if the remaining part of punishment has been replaced with a milder penalty, then the period for expunging the criminal record shall be counted on the basis of the actually served period of punishment since the time of release from serving the basic and additional penalties.

5. If after the punishment has been completed the convicted person behaved faultlessly, the court of law may, on his motion, strike his criminal record before the expiry of the normal term for expunging the record of conviction.

6. The expunging or striking of a criminal record shall annul all the legal consequences related to the record of conviction.

Section V. The Criminal Responsibility of Juveniles

Chapter 14. Specifics of the Criminal Responsibility and Punishment of Juveniles

Article 87. The Criminal Responsibility of Juveniles

1. Juveniles shall be recognized to mean persons who have reached the age between 14 and 18 years by the time of the commission of a crime.

2. Either punishment or coercive measures of educational influence may be applied to juveniles who have committed crimes, and after their release from punishment by a court of law, they may be likewise placed into a special closed-type educational institution of the body in charge of education.

Article 88. Penalties Inflicted on Juveniles

1. The penalties inflicted on juveniles are as follows:

a) fines;

b) deprivation of the right to engage in specified activities;

c) compulsory works;

d) corrective labour;

e) arrest;

f) deprivation of liberty for a definite term.

2. A fine shall be imposed if the convicted juvenile has his own earnings or property on which recovery may be levied, as well as in the absence of such. A fine imposed upon a convicted juvenile may be recovered by decision of a court of law from his parents or other legal representatives thereof with their consent. A fine shall be imposed in the amount from 1 thousand to 50 thousand roubles or in the amount of the wage or salary, or any other income of the convicted minor, for a period from two weeks to six months.

3. Compulsory works shall be inflicted for a term of from 40 to 160 hours, and shall consist in the performance of works within the powers of the minor, and shall be executed by him during the time free from his studies or job. The length of the execution of this penalty for persons aged below 15 years may not exceed two hours a day, and for persons aged between 15 and 16 years may not exceed three hours a day.

4. Corrective labour shall be inflicted on a minor sentenced for a term of up to one year.

5. Arrest shall be imposed on convicted juveniles who have reached 16 years of age by the time of adjudication, for a term of up to four months.

6. Deprivation of liberty shall be ruled to minor convicts who have committed crimes at the age of less than sixteen years old for a term of no longer than six years. Minors of the same category who have committed especially grave crimes, as well as other minor convicts, shall be punishable by deprivation of liberty for a term of ten years at the most and shall serve the term in educational colonies. Punishment in the form of deprivation of liberty may not be inflicted upon a minor convict who has committed at the age of less than sixteen years old a crime of little or medium gravity for the first time, as well as upon other minor convicts who have committed crimes of little gravity for the first time.

6.1. When inflicting upon a minor convict a punishment in the form of deprivation of liberty for committing a grave or especially grave crime, the lowest limit of punishment provided for by the appropriate article of the Special Part of this Code, shall be reduced by half.

6.2. Where a minor convict who has been conditionally convicted commits within a probation period a new crime which is not an especially grave one, a court of law, subject to the facts of the case and the convict's personality, may repeatedly pass a decision on the conditional conviction thereof establishing a new probation period for him and placing on the conditionally convicted person the discharge of certain duties provided for by Part Five of Article 73 of this Code.

7. The court may issue an instruction to the body executing punishment concerning certain distinctive features of the convicted juvenile.

Article 89. Imposition of Punishment on a Juvenile

1. In imposing punishment on a juvenile, the court of law shall take into consideration, apart from the circumstances stipulated by Article 60 of this Code, the conditions of his life and education, the level of his mental development, and other distinctive features of the person, and also the influence of older people on him.

2. As a mitigating circumstance, the juvenile's age shall be taken account of in totality with other mitigating or aggravating circumstances.

Article 90. The Application of Compulsory Measures of Educational Influence

1. A juvenile who has committed a crime of small or average gravity may be relieved from criminal responsibility if it is found that his reformation can be achieved by applying compulsory measures of educational influence.

2. The following compulsory measures of educational influence may be imposed on a juvenile:

a) warning;

b) transfer to the surveillance of parents or persons acting in loco parentis, or any specialized state agency;

c) the duty of redressing the damage caused;

d) restriction of leisure and establishment of special requirements for the behaviour of the minor.

3. Several compulsory measures of educational influence may be imposed on a juvenile simultaneously. The length of the period for applying the compulsory measures of educational influence provided for by Items "b" and "d" of Part Two of this Article shall be established within the limits of from one month to two years for a committed crime of little gravity and from six months to three years for a committed crime of medium gravity.

4. In case of the systematic non-execution by a juvenile of a compulsory measure of educational influence, this measure shall be revoked on the proposal of a specialized state body, the and requisite materials shall be sent for bringing the juvenile to criminal responsibility.

Article 91. The Content of Compulsory Measures of Educational Influence

1. A warning consists of the explanation to a juvenile of the harm inflicted by his action, and of the consequences of the repeated commission of offences, as provided for by this Code.

2. The transfer to surveillance consists of the placement of the duty of educating a minor and of control over his behaviour on the parents or persons acting in loco parentis, or on a specialized state body;

3. The duty of redressing the damage caused shall be imposed with account for the minor's property status and appropriate labour skills.

4. The restriction of leisure and the establishment of special requirements for the minor's behaviour may provide for a ban on visits to certain places, on the use of some forms of leisure, including those relating to the driving of an automobile, on the limitation of stay outside his home after a fixed hour of the day, or the departure for other localities without the permission of a specialized state body. A minor may be required to return to his educational establishment or to find employment with the aid of a specialized state body. This list of measures is not exhaustive.

Article 92. Release of a Minor from Punishment

1. A minor convicted for the commission of a crime of small or average gravity may be released by a court of law from punishment or the use compulsory measures of educational influence, as stipulated by the second part of Article 90 of this Code.

2. A minor sentenced to confinement for the commission of a crime of average gravity, as well as a grave crime, may be released by a court of law from punishment and placed to a special closed-type teaching and educational institution of the education governing body. Placing a minor to a special closed-type teaching and educational institution shall be applicable as a compulsory pedagogical measure for the purpose of correcting minors in need of special conditions of upbringing and training and of a special pedagogical approach. A minor may be placed to said institution before his attaining eighteen years old but for three years at most.

3. A minor's stay in a special closed-type teaching and educational institution shall be terminated on the expiry on the judicially established term, where it is recognized by court that there is no need to use this measure in respect of the minor any longer.

4. There shall be only allowed to extend the term of a minor's stay at a special closed-type teaching and educational institution on the basis of the minor's application, where it is necessary for him to complete his general education or vocational training.

5. Minors who have committed the crimes provided for by Parts One and Two of Article 111, Part Two of Article 117, Part Three of Article 122, Article 126, Part Three of Article 127, Part Two of Article 131, Part Two of Article 132, Part Four of Article 158, Part Two of Article 161, Parts One and Two of Article 162, Part Two of Article 163, Part One of Article 205, Part One of Article 205.1, Part One of Article 206, Article 208, Part Two of Article 210, Part One of Article 211, Parts Two and Three of Article 223, Parts One and Two of Article 226, Part One of Article 228.1, Parts One and Two of Article 229 of this Code, shall not be releasable from punishment in the procedure provided for by Part Two of this Article.

Article 93. Conventional Pre-Schedule Relief from Serving the Punishment

Conventional pre-schedule relief from serving the punishment may be applied to the persons who committed a crime when underaged and who were sentenced to the deprivation of freedom, after they have actually served the term:

a) not less than one third of the term of punishment imposed by the court of law for a crime of small or average gravity, or for a grave crime;

b) abolished

c) not less than two-thirds of the term of punishment imposed for an especially grave crime.

Article 94. Limitation Periods

The limitation periods stipulated by Article 78 and 83 of this Code shall be reduced by half in case of release of minors from criminal responsibility or punishment.

Article 95. Terms of Expunging Criminal Records

For persons who committed crimes before the attainment of 18 years of age, the terms of expunging criminal records, stipulated by the third part of the Article 86 of this Code, shall be reduced and be equal accordingly to:

a) one year after the completion of deprivation of liberty, for a crime of small or average gravity;

b) three years after the completion of deprivation of liberty, for a grave or especially grave crime.

Article 96. The Application of the Provisions of This Chapter to Persons from 18 to 20 Years of Age

In exceptional cases, with account of the nature of the committed deed and the person, the court of law may apply the provisions of this Chapter to persons who have committed crimes at the age of 18 to 20 years, except for their placement in a closed-type teaching and educational institution of the education governing body, or an educational colony.

Section VI. Compulsory Measures of a Medical Nature

Chapter 15. Compulsory Measures of a Medical Nature

Article 97. Grounds for the Application of Compulsory Measures of a Medical Nature

1. Compulsory measures of a medical nature may be inflicted by a court of law on the following persons:

a) those who have committed deeds stipulated by the Articles of the Special Part of this Code, while in a state of insanity;

b) those who, after the commission of a crime have caught mental derangement, which makes it impossible to impose or execute punishment;

c) those who have committed a crime and who suffer from mental derangement that does not incapacitate them mentally, -

d) abolished

2. Compulsory measures of a medical nature shall be imposed on the persons referred to in the first part of this Article, only in cases where their mental derangement threatens the possible infliction on these persons of further damage, or danger to themselves or other persons.

3. Procedures for the implementation of compulsory measures of a medical nature shall be determined by the criminal and executive laws of the Russian Federation, and by other federal laws.

4. In respect of the persons referred to in the first part of this Article, who do not present danger due to their mental state, the court may transfer the requisite materials to the public health bodies for the settlement of the question of medical treatment of these persons, or of sending them to mental and neurological institutions of social security in the order prescribed by the laws of the Russian Federation on public health.

Article 98. The Purposes of the Application of Compulsory Measures of a Medical Nature

The purposes of the application of compulsory measures of a medical nature include the medical treatment of the persons referred to in the first part of Article 97 of this Code, or the improvement of their mental state, and also the prevention of the commission by them of new crimes, as stipulated by the Articles of the Special Part of this Code.

Article 99. Compulsory Medical Measures

1. A court of law may impose the following compulsory medical measures:

a) compulsory out-patient observation and treatment by a psychiatrist;

b) compulsory treatment in a specialized mental hospital;

c) compulsory treatment in a specialized mental hospital with intensive observation.

d) compulsory treatment in a psychiatric hospital of specialized type with intensive observation.

2. Persons who are convicted for crimes committed in a state of sanity but who are in need of medical treatment for mental disorders, which do not reach in sanity may be imposed by a court of law, in addition to punishment, with compulsory medical measures in the form of compulsory out-patient observation and treatment by a psychiatrist.

Article 100. Compulsory Out-patient Observance and Treatment on the by a Psychiatrist

Compulsory out-patient observation and treatment by a psychiatrist may be imposed in the presence of the grounds envisaged by Article 97 of this Code, if the person, due to his mental state, is not in need of treatment in a mental hospital.

Article 101. Compulsory Treatment in a Mental Hospital

1. Compulsory treatment in a mental hospital may be imposed in the presence of the grounds envisaged by Article 97 of this Code, if the nature of mental derangement of a person calls for such conditions of treatment, care, custody, and observation which can be realized in a mental hospital.

2. Compulsory treatment in a mental hospital of a general type may be imposed on a person who, due to his mental state, is in need of treatment and observation in a hospital but who is not in need of intensive observation.

3. Compulsory treatment in a specialized mental hospital may be imposed on a person who due, to his mental state, requires permanent observation.

4. Compulsory treatment in a specialized mental hospital with intensive observation may be imposed on a person who, due to his mental state, represents a special danger to himself or to other persons, and who requires permanent and intensive observation.

Article 102. The Prolongation, Change, or Termination of the Use of Compulsory Medical Measures

1. The use of compulsory medical measures may be prolonged, changed, or terminated by a court of law upon the proposal of the management of the institution which carries out obligatory treatment, on the basis of the opinion of a committee of psychiatrists.

2. A person who undergoes compulsory medical measure shall be subject to examination by a commission of psychiatrists at least once every six months,to resolve the question of whether there are grounds for the submission of a proposal to the court concerning the termination of the use or the change of such measures. In the absence of grounds for the termination of the use or the change of compulsory medical measures, the management of the institution which carries out the compulsory treatment shall submit to the court its opinion on the extension of compulsory medical treatment. The first extension of compulsory medical treatment may be made upon the expiry of six months after the beginning of treatment; subsequently, compulsory treatment shall be extended every year. A medical examination of such a person shall be performed on the initiative of the medical doctor responsible for treatment if he/she has come to a conclusion that the enforced medical treatment is to be altered or terminated and also on the initiative of the person himself/herself, his/her representative under law and/or a close relative. The petition shall be filed through the management of the institution performing the enforced treatment, irrespective of the time of the last examination.

3. A change or termination of the use of compulsory medical measures shall be effected by the court in case of such alteration of the mental state of the person as eliminates the need for the application of the measures imposed earlier, or as necessitates the imposition of when there is a need to a different compulsory medical measure.

4. In case of the termination of the use of compulsory treatment in a mental hospital, the court of law may transfer the necessary materials about the person who was treated to the bodies of public health for the settlement of the question of his medical treatment or of sending him to a mental or neurological establishment of social security in the order prescribed by the laws of the Russian Federation on public health.

Article 103. Set-off of the Time of Application of Compulsory Medical Measures

In case of curing a person whose mental derangement commenced after the commission of a crime, and when punishment is imposed or its execution is resumed, the time during which compulsory treatment was performed in a mental hospital shall be incorporated into the term of punishment at the rate of one day of stay in the mental hospital per one day of deprivation of liberty.

Article 104. Compulsory Medical Measures Joined with the Execution of Punishment

1. In cases provided for by the second part of Article 99 of this Code, compulsory medical measures shall be implemented in the place of serving deprivation of liberty, and in respect to persons sentenced to other penalties, these measures shall be implemented in the institutions of public health bodies which render out-patient psychiatric aid.

2. In case of a change in the mental state of a convicted person who requires in-patient treatment, this person shall be placed in a mental hospital or any other medical establishment in the order and on the grounds prescribed by the laws of the Russian Federation.

3. The time of stay in said establishments shall be incorporated into the term of serving the sentence. If there is no longer a need to treat the convicted person in said establishments, then he shall be discharged from the hospital in the procedure provided for by the laws of the Russian Federation.

4. The use of compulsory medical measures, joined with the execution of punishment, shall be stopped by a court of law upon the proposal of the body that executes the punishment or on the basis of the opinion of the committee of psychiatrists.

Special Part

Section VII. Crimes Against the Person

Chapter 16. Crimes Against Human Life and Health

Article 105. Murder

1. Murder is the intentional causing of death to another person.

It shall be punishable with deprivation of liberty for a term of six to 15 years.

Federal Law No. 73-FZ of July 21, 2004 amended the second part of Article 105 of the present Code

2. The murder:

a) of two or more persons;

b) of a person or his relatives in connection with the official activity by this person or the discharge of his public duty;

c) of a person who is known by the killer to be helpless state, and also murder attended by the kidnapping of a person or the seizure of a hostage;

d) of a woman who is known by the killer to be in a state of pregnancy;

e) committed with especial cruelty;

f) committed by a generally dangerous method;

g) committed by a group of persons, a group of persons under a preliminary conspiracy, or an organized group;

h) committed out of mercenary motives by hire, or attended by robbery with violence, racketeering, or banditry;

i) committed maliciously;

j) committed with the purpose of concealing another crime or facilitating its commission, and also murder attended by rape or violent sexual actions;

k) committed by reason of national, racial, or religious hatred, or enmity or blood feud;

l) committed for the purpose of obtaining the organs or tissues of the victim, -

m) abolished

shall be punishable with deprivation of liberty for a term of eight to 20 years, or by deprivation of liberty for life, or by death penalty.

Article 106. The Killing by a Mother of Her Newborn Child

The killing by a mother of her newborn child during or immediately after childbirth, or the killing by a mother of her newborn child in a mentally traumatizing situation or in a state of mental disorder that does not reach in sanity,

shall be punishable by deprivation of liberty for a term of up to five years.

Article 107. Homicide Committed in a State of Temporary Insanity

1. Homicide committed in a state of sudden strong mental agitation (temporary insanity), caused by violence, mockery, or gross insult on the part of the victim, or by other unlawful or amoral actions (inaction) of the victim, or by a protracted mentally traumatizing situation caused in connection with the systematic unlawful or amoral behavior of the victim

shall be punishable by deprivation of liberty for a term of up to three years or by restraint of liberty for the same term.

2. Homicide against two or more persons committed in a state of temporary insanity

shall be punishable by deprivation of liberty for a term of up to five years.

Article 108. Homicide Committed in Excess of the Requirements of Justifiable Defence or in Excess of the Measures Needed for the Detention of a Person Who Has Committed a Crime

1. Homicide committed in excess of the requirements of justifiable defence

shall be punishable by deprivation of liberty for a term of up to two years or by restraint of liberty for the same term.

2. Homicide committed in excess of the measures needed for the detention of a person who has committed a crime

shall be punishable by restraint of liberty for a term of up to three years or by restraint of liberty for the same term.

Article 109. Infliction of Death by Negligence

1. Negligent homicide -

Shall be punishable by restrain of liberty for a term of up to two years or by deprivation of liberty for the same term.

2. Negligent homicide owing to the improper discharge by a person of his professional duties -

shall be punishable by restraint of liberty for a term of up to three years or by deprivation of liberty for the same term with or without deprivation of the right to have specified duties or to engage in specified activity for a term of up to three years.

3. The infliction of death by negligence on two or more persons -

shall be punishable by restraint of liberty for a term of up to five years or by deprivation of liberty for the same term with or without deprivation of the right to hold specified duties or to engage in specified activity for a term of up to three years.

Article 110. Incitement to Suicide

Incitement of a person to commit or attempt to commit suicide by means of threats, cruel treatment of a person, or systematic denigration of the human dignity of the victim

shall be punishable by restraint of liberty for a term of up to three years or by deprivation of liberty for a term, of up to five years.

Article 111. Intentional Infliction of a Grave Injury

1. Intentional infliction of a grave injury, which is hazardous for human life or which has involved the loss of sight, speech,hearing, or any organ or the loss of the organ's functions, or which has expressed itself in the indelible disfiguring of a human face, and also infliction of other harm which is dangerous to human life or which has involved an injury to a person's health, joined with considerable permanent loss of general ability to work by not less then one third or by the full loss of an occupational capacity for work, which capacacity was evident to the guilty person, or which has involved the interruption of pregnancy, mental derangement, or the victim's falling ill to drug addiction or toxicosis,

shall be punishable by deprivation of liberty for a term of two to eight years.

2. The same acts committed:

a) in respect of a person or his relatives in connection with his official activity or the discharge of his public duty;

b) with especial cruelty, mockery, or torture for the victim, and also in respect of a person who is known to the offender to be helpless;

c) by a generally hazardous method;

d) by hire;

e) out of malicious motives;

f) by reason of national, racial, or religious hatred or enmity;

g) for the purpose of using the organs or tissues of the victim,

shall be punishable by deprivation of liberty for a term of three to 10 years.

3. Acts provided for by the first or second parts of this Article, if they are committed:

a) by a group of persons, a group of persons under a preliminary conspiracy, or an organized group;

b) against two or more persons, -

c) abolished

shall be punishable by deprivation of liberty for a term of five to 12 years.

4. Acts stipulated in the first, second, or third part of this Article, which have involved the death of the victim by negligence,

shall be punishable by deprivation of liberty for a term of five to 15 years.

Article 112. Intentional Infliction of Injury of Average Gravity Health

1. Intentional infliction of injury of average gravity, which is not hazardous to human life and which has not involved consequences referred to in Article 111 of this Code, but which has caused protracted injury to health or considerable stable loss of general capacity for work by not less than one-third,

shall be punishable by arrest for a term of three to six months or by deprivation of liberty for a term of up to three years.

2. The same act committed:

a) against two or more persons;

b) against a person or his relatives in connection with his official activity or the discharge of his public duty;

c) with especial cruelty, mockery or torture for the victim, or against a person who is in known by the offender to be helpless;

d) by a group of persons, a group of persons under a preliminary conspiracy, or an organized group;

e) out of malicious motives;

f) by reason of national, racial, or religious hatred or enmity, -

g) abolished

shall be punishable by deprivation of liberty for a term of five years.

Article 113. Infliction of Grave Injury or Injury of Average Gravity While in a State of Temporary Insanity

Intentional infliction of grave injury or injury of average gravity injury to health in a state of sudden strong mental agitation (temporary insanity), caused by violence, mockery, or grave insult on the part of the victim or by other unlawful or amoral actions (inaction) of the victim, or by a mentally traumatizing situation that arose in connection with the systematic unlawful or immoral behavior of the victim,

shall be punishable by restraint of liberty for a term of up to two years or deprivation of liberty for the same term.

Article 114. Infliction of Grave Injury or Injury of Average Gravity in Excess of the Requirements of Justifiable Defence or in Excess of the Measures Needed for the Detention of a Person Who Has Committed a Crime

1. Intentional infliction of grave injury, committed in excess of the requirements of justifiable defence,

shall be punishable by restraint of liberty for a term of up to two years or deprivation of liberty for a term of up to one year.

2. Intentional infliction of grave injury or injury of average gravity, committed in excess of the measures needed for the detention of a person who has committed a crime,

shall be punishable by restraint of liberty for a term of up to two years or deprivation of liberty for the same term.

Article 115. Intentional Infliction of Light Injury

1. Intentional infliction of light injury which has caused temporary damage of health or an insignificant stable loss of general capacity for work,

shall be punishable by a fine up to 40 thousand roubles, or in the amount of the wages or salaries or any other income of the convicted person for a period of up to three months, or punishable by compulsory works for a term of from 180 to 240 hours, or corrective labour for a term of up to one year, or by arrest for a term of from two to four months.

2. The same deed committed through ruffian-like motives, -

shall be punishable by compulsory works for a term from 120 hours to 180 hours, or by corrective labour for a term from six months to one year, or by arrest for a term from four to six months, or by deprivation of liberty for a term of up two years.

Article 116. Battery

1. Battery or the commission of similar violent actions, which have caused physical pain but not involved the consequences referred to in Article 115 of this Code,

shall be punishable by a fine up to 40 thousand roubles, or in the amount of the wages or salary or any other income of the convicted person for a period of three months, or by compulsory works for a period of time from 120 to 180 hours, or by corrective labour for a term of up to six months, or by arrest for a term of up to three months.

2. The same deeds committed through ruffian-like motives -

shall be punishable by compulsory works for a term from 120 to 180 hours, or by corrective works for a term from six months to one year, or by arrest for a term from four to six months, or by deprivation of liberty for a term of up to two years.

Article 117. Torture

1. The infliction of physical or mental suffering by means of systematic beating or by any other violent actions, unless this has involved the consequences referred to in Article 111 or 112 of this Code,

shall be punishable by deprivation of liberty for a term of up to three years.

2. The same act committed:

a) against two or more persons;

b) against a person or his relatives in connection with the official activity of this person or the discharge of his public duty;

c) against an woman who is in a state of pregnancy, which is evident to the convicted person;

d) against obvious juvenile or a person who is in a helpless state, as known by the convicted person, or in material or any other dependence on the convicted person, and also in respect of a person, kidnapped or seized as a hostage;

e) with the use of torment;

f) by a group of persons, a group of persons under a preliminary conspiracy, or an organized group;

g) by hire;

h) by reason of national, racial, or religious hatred or enmity,

shall be punishable by deprivation of liberty for a term of three to seven years.

Note. Torture in this Article and in other Articles of this Code shall mean the infliction of physical or mental suffering for the purpose of compelling to give evidence or to commit other actions against a person's will, as well as for the purpose of punishing, or for other purposes.

Article 118. Infliction of Grave Injury by Negligence

1. The infliction of grave injury to health by negligence -

Shall be punishable by a fine in the amount up to 80 thousand roubles, or in the amount of the wage or salary of any other income of the convicted person for a period up to six months, or by compulsory works for a term of up to 2 years, or by restraint of liberty for a term of up to 3 years, or by arrest for a term of 3 to 6 months.

2. The same deed committed in consequence of the improper discharge by a person of his professional duties,

shall be punishable by restraint of liberty for a term of 4 years or deprivation of liberty for a term of up to one year, with the deprivation of the right to hold specified offices or engage in specified activities for a term of up to 3 years, or by the permanent deprivation of such right.

3. abolished

4. abolished

Article 119. Threat of Murder or Infliction of Grave Injury Health

Threat of murder or infliction of grave injury to health, if there were grounds to fear the realization of this threat,

Shall be punishable by restraint of liberty for a term of up to two years, or by arrest for a term of 4 to 6 months, or by deprivation of liberty for a term of up to two years.

Article 120. Compulsion to Remove Human Organs or Tissues for Transplantation

1. Compulsion to remove human organs or tissues for transplantation, committed with the use of violence or with the threat of its use,

shall be punishable by deprivation of liberty for a term of up to four years, with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or by the permanent deprivation of such right.

2. The same deed committed against a person who is in a state of helplessness, which is well known to the guilty person, or in material or any other dependence on this guilty person,

shall be punishable by deprivation of liberty for a term of 2 to 5 years, with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or with the permanent deprivation of such right.

Article 121. Infection with a Venereal Disease

1. Infection of another person with a