The procedure for probation is written down in Article 73 of the Criminal Code of the Russian Federation. Conditionally convicted persons are given a probationary period in order to prove awareness of the crime committed. During this time, the offender does not serve the sentence established by the court.

For a convicted person on probation, restrictions are established. The court chooses which of the possible restrictions to determine for a specific person.

When can a conditional sentence be imposed?

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A suspended conviction is the right of the court if, during the consideration of a criminal case, the judge forms the opinion that personal correction can occur without actually serving the sentence.

In this case, the court determines a probationary period, during which the convicted person must prove to society that he has reformed. As a rule, this means that he has not committed new crimes or administrative offenses, as well as fulfilling the duties assigned by the court verdict.

Such a probationary period can only be assigned to specific types criminal penalties:

• correctional labor;
• restriction on military service;
• detention in a disciplinary military unit;
• imprisonment up to 8 years.

If the court assigns a different type or amount of punishment, then the use of a suspended sentence is impossible.

Restrictions for probationers

In order to check the behavior of the convicted person, the court assigns him a number of restrictions:

1. Do not change your place of work or study without permission from the penitentiary authority;
2. Don't move for permanent residence to another residential premises without approval from the regulatory authority (travel abroad is also limited with a suspended sentence);
3. Refuse from nightclubs, casinos and other public institutions determined by the court;
4. Undergo treatment for alcohol and drug addiction;
5. Find a job.

This list is not exhaustive; at its discretion, the court may impose other requirements on the convicted person.

Who is not given a suspended sentence?

Even if the convicted person is given one of the punishments described above, he will not be able to claim suspended sentence If:

1. Guilty of a crime against the sexual integrity of children under 14 years of age;
2. Involved in terrorist activities;
3. Participated in hostage taking;
4. Committed a serious crime during a previous probationary period or parole;
5. He is a dangerous repeat offender (Article 18 of the Criminal Code).

What is the probationary period?

The length of the probation period depends on the length of the sentence imposed by the court.

The minimum probationary period is six months. The maximum is 3 years, if the convicted person is sentenced less than a year the main punishment, and 5 years - if the punishment is more than a year.

For military personnel who are punished by placement in disciplinary part, the probationary period is established for the entire remaining time of service.

What happens after the end of the probationary period?

Depending on the person’s behavior, his compliance with all restrictions, visits to the state. authorities where probationers are noted, the probationary period may end in different ways.

1. Clearance of a criminal record. Perhaps, if by his behavior a person has proven that he is ready to lead a respectable lifestyle in the future. You can raise the issue of expunging a criminal record before the court after half the probation period has passed. By the way, we will tell you about the difference between expungement and expungement of a criminal record.
2. Assignment of an additional probationary period. The court may extend the term of probation if during this time the person:
   • did not fully fulfill the duties assigned to him;
   • committed an administrative offense;
   • did not reimburse victim of damage in full.
3. The term is extended by no more than 1 year, at the initiative of the inspector monitoring the behavior of the convicted person on probation.
4. Referral to serve a sentence. If violations of the rules of probation are permanent, the court terminates the suspended sentence and sends the offender to serve the actual sentence. In this case, it does not matter how long the suspended sentence has passed.
5. New conviction. If during a suspended sentence a convicted person commits a new crime, he is guaranteed to receive a punishment, to which the punishment under the suspended sentence is added in whole or in part.

Consequences of probation

In addition to the restrictions expressly specified in the sentence, the conditionally convicted person is limited in some other possibilities.

1. They do not have the right to nominate their candidacy for legislatures and stand for election.
2. They will not be able to get a job in law enforcement agencies and the court, and large companies having a department own safety, are reluctant to hire probationers.
3. Convicts with a suspended sentence are not taken into the army - read more about this here

In conclusion, we emphasize that conditional sentencing is not a type of sentence, it acts rather as special kind punishments. A person with a suspended sentence is convicted and his guilt in the crime committed has been fully proven by the court.

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New edition of Art. 73 of the Criminal Code of the Russian Federation

1. If, having imposed correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for a term of up to eight years, the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence, it decides to consider the imposed punishment suspended. Conditional sentence not assigned:

a) those convicted of crimes against the sexual integrity of minors under fourteen years of age;

a.1) convicted of crimes, provided for in parts the first and second articles of 205.1, article 205.2, the second part of article 205.4, the first and third parts of article 206, article 360 ​​of this Code;

b) when committing a serious or especially felony during the probationary period with a suspended sentence imposed for committing intentional crime, or during the unserved part of the sentence imposed for committing an intentional crime, upon parole;

c) in case of a dangerous or especially dangerous relapse.

2. When assigning a suspended sentence, the court takes into account the nature and degree public danger crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances.

3. When assigning a conditional sentence, the court establishes a probationary period during which the conditionally convicted person must prove his correction by his behavior. In case of imposition of imprisonment for a term of up to one year or more soft looking punishment, the probationary period must be no less than six months and no more than three years, and in the case of imprisonment for a term of more than one year - no less than six months and no more than five years. The probationary period is calculated from the moment the sentence enters into legal force. The probationary period includes the time elapsed from the date of pronouncement of the sentence.

3.1. If a sentence is imposed in the form of detention in a disciplinary military unit, the probationary period is established within the remaining period military service on the day of pronouncement of the verdict.

4. In the event of a suspended sentence, they may also be assigned additional types punishments.

5. The court, when assigning a suspended sentence, imposes on the conditionally convicted person, taking into account his age, ability to work and state of health, execution certain responsibilities: do not change permanent place residence, work, study without notifying the specialized state body exercising control over the behavior of the conditionally convicted person, do not visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse, or venereal disease, work (get a job) or continue studying in educational organization. The court may impose probation execution of the convicted person and other duties that contribute to its correction.

6. Control over the behavior of a conditionally convicted person is carried out by an authorized specialized government agency, and in relation to military personnel - by the command military units and institutions.

7. During the probationary period, the court, upon the proposal of the body exercising control over the behavior of the conditionally convicted person, may cancel in whole or in part or supplement the duties previously established for the conditionally convicted person.

Note. For purposes of this article, as well as Articles 79, 80, 82 and 97 of this Code, crimes against the sexual integrity of minors under fourteen years of age include crimes provided for in articles 131-135, 240, 241, 242.1 and 242.2 of this Code, committed against minors under fourteen years of age.

Commentary on Article 73 of the Criminal Code of the Russian Federation

1. In your own way legal nature probation is not a type of criminal punishment, since it is not included in the system of types of punishments provided for in Art. 44. The institution of probation from the point of view of its gender should be considered as one of the other measures criminal law established by law for committing a crime (part 2 of article 2).

2. Probation is the most widely used measure criminal legal impact on those convicted of crimes is small and moderate severity, and in the presence of exceptional circumstances, also grave and especially grave crimes. IN last years 52 - 54% total number Convicts in the country are sentenced every year with the use of suspended sentences.

3. A suspended sentence may be imposed if the following are present: legal conditions: a) if for the crime committed a person has been sentenced to correctional labor, restrictions on military service, restrictions on freedom, detention in a disciplinary military unit or imprisonment for a term of up to eight years; b) if the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence.

4. When imposing a sentence of imprisonment, a suspended sentence is now permitted if the convicted person is sentenced to a term of up to eight years. From the contents of the comment. article, it is impossible to obtain an answer as to whether there are cases of a person being sentenced to imprisonment for such a term for committing criminal acts through negligence (i.e., of moderate gravity) or whether a conditional sentence can be applied for committing serious as well as especially serious crimes. Doubts about this issue must be interpreted in favor of the convicted person. Thus, a conditional sentence is permissible when imprisonment for a term of up to eight years is imposed both for committing a crime through negligence (i.e. of moderate gravity), and for committing a serious or especially serious crime. The above applies as if they were condemned minor age, and to those who have reached adulthood. The court must motivate the decision to assign a suspended sentence in the descriptive and motivational part conviction(see paragraph 13 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 29, 1996 No. 1).

5. When assigning a suspended sentence, the court takes into account the nature and degree of social danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances. When taking into account the nature and degree of public danger of a crime, one must proceed from the fact that the nature of its public danger depends on established by the court object of attack, form of guilt and assignment to the Criminal Code of the Russian Federation criminal act to the corresponding category of crime (Article 15), and the degree of public danger of the crime is determined by the circumstances of the crime, for example, the degree of implementation of the criminal intent, the method of committing the crime, the amount of harm and the severity of the consequences, the role of the defendant in the commission of the crime in complicity (see paragraph 3 p. 1 of the no longer in force Resolution of the Plenum of the Armed Forces of the Russian Federation No. 40).

6. If the court comes to the conclusion that a person who has committed two or more crimes is given a conditional sentence, then such a decision is made not for each crime, but when finally assigning punishment for a set of crimes. The assignment of a suspended sentence must meet the goals of correcting the conditionally convicted person. The court makes a conclusion about the possibility of correcting a convicted person without actually serving a sentence on the basis of evidence indicating that the defendant accidentally committed a crime, as well as on the basis of data about his personality and behavior before and after the commission of this crime.

7. When assigning a conditional sentence, the court establishes a probationary period during which the conditionally convicted person must prove his correction by his behavior. The law connects the length of the probationary period with the type of punishment and its duration. In case of imposition of imprisonment for a term of up to one year or a more lenient type of punishment (correctional labor, restrictions on military service, detention in a disciplinary military unit, etc.), the duration of the probationary period is assigned at the discretion of the court, and it must be at least six months and no more than three years, and in the case of imposition of imprisonment for a term of more than one year - no less than six months and no more than five years. When establishing a specific probationary period, a conditionally convicted person should take into account the nature and degree of social danger of the crime committed, the identity of the perpetrator and other circumstances of the case. By general rule The probationary period when assigning a sentence to a convicted person in the form of correctional labor, restrictions on military service, or detention in a disciplinary military unit should not be established longer than the period of these main types of punishment. The probationary period is calculated from the moment the court verdict enters into legal force (Part 1 of Article 189 of the Penal Code).

8. In the event of a suspended sentence, additional types of punishment may also be imposed. Additional punishments are actually carried out, which should be indicated in the operative part of the sentence.

9. The court, when imposing a suspended sentence, may impose on the conditionally convicted person the performance of certain duties during the probationary period. The range of such responsibilities is clearly defined by law and they must be aimed at the correction of the convicted person: not change the permanent place of residence, work or study without notifying the specialized government body that carries out the correction of the convicted person; do not visit certain places (beer bar, casino, etc.) similar establishments); undergo a course of treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease (provided that the convicted person has such diseases); realize material support family (if the convicted person has income). When assigning a suspended sentence in necessary cases taking into account specific circumstances, the personality of the perpetrator, his behavior in the family, etc. the court may impose on him the performance of duties not listed in part 5 of the comment. article, but contributing to its correction.

10. During the probationary period, the behavior of the conditionally convicted person is monitored by the penal inspections at the place of residence of the conditionally convicted person, and in relation to conditionally convicted military personnel - by the command of their military units. Employees of other internal affairs services may be involved in monitoring the behavior of conditionally convicted persons (see Articles 187 and 188 of the Penal Code).

11. Penal inspections carry out personal records of conditionally convicted persons during the probationary period, monitor with the participation of employees of other internal affairs services the compliance of conditionally convicted persons public order and their performance of the duties assigned by the court. Conditionally convicted persons are required to report to the penal inspection and the command of military units about their behavior, fulfill the duties assigned to them by the court, and appear when called to the penal inspection. Upon expiration of the probationary period, control over the behavior of the conditionally convicted person ceases, and he is removed from the register of the penal inspection.

12. In part 7 comments. Article provides for the possibility of canceling in whole or in part the obligations imposed on convicted by court duties or adding new ones at the initiative of the body exercising control over the behavior of the conditionally convicted person during the probationary period.

Another comment on Art. 73 of the Criminal Code of the Russian Federation

1. The basis for considering the imposed sentence suspended is the court’s conclusion that it is possible to correct the convicted person without actually serving a punitive measure. Such a conclusion is based on taking into account the nature and degree of public danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances.

3. Legal status a conditionally convicted person is characterized by several elements:

a) the threat of actual execution of the punishment imposed by the court verdict;

b) undergoing additional punitive action (its appointment is possible, but not mandatory);

c) fulfillment of the duties assigned by the court. An open list of the latter is given in Part 5. They are not punishment, but are intended to facilitate control over the convicted person or to help his correction. Establishment of encumbrances is mandatory. Set of responsibilities applied to to a specific person, can change, in particular expand and contract, up to their complete abolition;

d) control over the behavior of a conditionally convicted person, carried out by penal inspections, and in relation to military personnel - by the command of military units and institutions.

Special legal status the subject associated with the suspended sentence exists during the probationary period. Its duration depends on the type and size of the punitive measure imposed, but is not specifically determined by them. The probationary period may be longer, shorter, or equal to the sentence. Its course actually begins from the moment the verdict is announced. When assigning conditional detention in a disciplinary military unit, it does not exceed the remaining term of military service.

The court, imposing punishment for criminal act, taken into account as a specific article of the Criminal Code Russian Federation, so General part such. The latter describes a number of circumstances that make it possible to mitigate the punishment of a criminal. Thus, if the court comes to the conclusion that the offender can reform without restricting his freedom, then he will be given a suspended sentence. The rules for applying such a relaxation are given in Art. 73 of the Criminal Code of the Russian Federation.

The imposition of a suspended sentence serves several purposes. This measure is applied for humanitarian reasons. It is known that placing a person among criminals serving sentences has a rather negative effect on the psyche. That's why criminal law makes it possible to free the erring citizen from communication with other convicts. It is used quite often, but only in relation to defendants responsible certain conditions. Let's look at them in detail.

What is probation?

Article 73 of the Criminal Code of the Russian Federation was included by the legislator in Chapter 10 of the Code. This fact shows that suspended conviction is precisely a punishment, and not an exemption from it. The measure was introduced into the legal field with a dual purpose:

1. On the one hand, the erring citizen must answer for the offense. IN in this case the legislator recognizes the priority of the principle of justice.
2. On the other hand, the judge is obliged to take into account the possibility of reforming the offender when assigning punishment. Punishment is used to influence those who break the law. The latter must realize his guilt and become a full-fledged member of society who does not pose a danger to others.

If isolation is not necessary to correct the convicted person, then the court may apply a measure consisting of punishment without actual serving. The following important factors are taken into account:

• the subject of human behavior to criminal law;
• the primacy of the offense in the biography of the accused, that is, they cannot count on a suspended sentence;
• absence of serious and;
• presence of mitigating circumstances.

Fundamentally conditional (that is, delayed) punishment is applied to people who have not accepted for themselves criminal path as a way of life. Such citizens are able to fully understand the criminality of their behavior and evaluate it with moral point sights and never break the law again. Naturally, to reach such a conclusion, the court must conduct a comprehensive study of the character of the accused. This is done during the trial. In addition, the court may limit itself to conditional influence if the total real time after the addition does not exceed eight years.

Attention: a suspended conviction has one more side, aimed at the personality of the person who has stumbled. It is intended to protect the convicted person from negative influence criminal world, which he will certainly encounter when applying real measures.

The conditional preventive measure has another important purpose - educational. The principle is to influence the criminal. A more loyal type of criminal punishment is a certain test for the convicted person. A person must show character and demonstrate a desire to improve in real life by your actions.

A suspended conviction imposes a number of restrictions on the convicted person. The list of prohibitions is determined by the court in each specific case. In addition, it determines the period of observation of the criminal. This is described in Article 73 of the Criminal Code of the Russian Federation. Namely:

• the criminal offender is monitored for a period of six months to three years, if the actual measure does not exceed a year;
• if the relevant article requires more than a year of isolation from society, then the probationary period can be set from six months to five years.

Attention: maximum term The test is five years.

The probationary period appointed by the court during a suspended sentence may be extended once for a period of up to a year. Such influence on the criminal is used for educational purposes. The reason for extending the probation period for a convicted person may be as follows:

• violation of the requirements of an employee of the Criminal Correctional Inspectorate (CII);
• change of place of residence (even a short time) without notifying the regulatory authority;
• violation of other restrictions imposed by the court;
• failure to appear at the police station without good reason.

The consequences of regular violations of the established regime are fraught with consequences for the convicted person. The correctional officer is obliged to take measures against the offender. The first is a proposal to extend the probation period, the next is a petition to impose a real preventive measure.

What are the consequences of a suspended sentence?

The appointment of an alternative punishment is associated with a certain procedure. This consists of transferring the case to the UII. This is how the convicted person is informed that he has been assigned a suspended sentence when the sentence is read. There the person will find out what the restrictions are and the testing period. The following events are held:

1. The case is transferred to the department of the Criminal Investigation Department at the place of residence of the offender.
2. Within 15 days, employees of the regulatory authority study the materials.
3. At the end specified period the convicted person is sent a summons with a requirement to appear for the start of events at a certain address (indicated).
4. The citizen is given three days for the visit. You cannot be late without a good reason, otherwise the first violation of the order of serving the sentence will be counted.
5. Photographing and fingerprinting are carried out in the correctional department in order to prevent the substitution of the subject of punishment.
6. The convicted person is instructed about the duration and procedure for passing the conditional sentence against his signature. Warn about liability for violations.

Conditional sentence imposes the following restrictions on the convicted person:

1. Periods of time when it is prohibited to leave your place of residence.
2. A list of institutions where a person cannot go during the entire period. This restriction is applied so that the citizen is not subject to additional provoking influence.
3. The obligation to undergo treatment for addiction, for example, drugs or alcohol.
4. Social obligation, which is expressed in the need to work or take a training course in educational institution. At the same time, a convicted person cannot resign or leave a university without the permission of the court.

Attention: Article 73 of the Criminal Code allows you to impose other restrictions on the convicted person if the court considers them useful.

As a rule, a criminal is prohibited from traveling outside a certain region of the Russian Federation.

An additional procedure applies for juvenile offenders. They are subject to double control. The Juvenile Affairs Inspectorate is involved in the work of the Penitentiary Inspectorate. Government employees spend time with teenagers preventive conversations, involve them in normal social communication with peers.

Consequences of a suspended sentence

The humanity of alternative punishment leads to the fact that people perceive it as the absence criminal liability. In fact, a suspended sentence is a real criminal record. And its presence in the biography affects the rest of your life. On the one hand, a person’s lifestyle changes slightly. He is not impaired in his rights, he has the opportunity to work, get an education, and build a personal life. Conditional service does not prevent conscription into the army. The functions of monitoring the convicted person are simply transferred to the head of the unit.

On the other hand, you need to regularly interact with employees of the Penitentiary Inspectorate. And in relation to minors, double control is carried out. Teenagers have to constantly communicate with employees of the correctional institution and the relevant inspectorate. Minors are visited at home and in educational institutions. They are checked for violations especially carefully.

After serving the sentence, a number of prohibitions also remain. So, before the conviction is cleared in in the prescribed manner a citizen will not be able to run for elected office. Formally prohibited from practicing certain activities the court does not impose. But until the conviction is completely cleared, a convicted person is prohibited from getting a job:

• to law enforcement agencies;
• to the courts;
• for civil servant positions.

Large corporations also place internal restrictions on the employment of term workers. And small businesses treat convicts with suspicion. That is, even a suspended conviction complicates life no less than a real one.

Attention: the travel of persons on probation outside the Russian Federation has been prohibited since 2016 (Article 28 of Law No. 114-FZ of December 30, 2015).

Quite often, the court, when deciding the fate of the perpetrator, comes to the conclusion that the goal of correction will be most effectively achieved without isolating the person from society, moreover, without bringing the person to criminal liability. Most often this happens when the crime is committed for the first time, does not pose a great public danger, and the person repents of committing it.

Accordingly, the Criminal Code of the Russian Federation has provided a whole list of grounds or. One of the most widely used grounds for exemption from punishment is conditional sentence. The essence of a suspended sentence is the non-application of the punishment imposed by the court if the convicted person does not commit a new crime during the probationary period determined by the court and justifies the trust placed in him by exemplary behavior and honest work.

It is applied in cases where the court, when imposing a sentence, taking into account the nature and degree of social danger of the crime and the identity of the perpetrator, comes to the conclusion that it is possible to correct the convicted person without serving the main sentence.

The court, when determining the possibility of applying a suspended sentence, weighs many circumstances, with priority given to circumstances related to the personality of the perpetrator, since a suspended sentence is a kind of act of the court giving confidence to the defendant. This is primarily the presence or absence of a criminal record (although a criminal record in itself is not an obstacle to the application of a suspended sentence), the person’s behavior before the crime, attitude to work, study, etc. Quite often taken into account Family status the culprit. The degree of social danger of a person is also determined by his behavior after committing a crime (active repentance, taking measures to eliminate harm and compensate for damage, turning himself in, etc.). The social danger of a person is also determined by the severity of the crime he has committed. However, the severity of the act in itself is not an obstacle to the use of the institution of conditional sentencing.

Only correctional labor, restrictions on military service, restriction of freedom, detention in a disciplinary military unit and imprisonment for a term of up to eight years can be imposed.

In case of conditional non-application of punishment, a probationary period is required, which can last from six months to five years. If during this period the convicted person does not commit a new crime and proves his correction by his behavior, then the conditionally unapplied punishment is not carried out at all, and the person is considered unconvicted.

The court, when imposing a suspended sentence, may impose certain obligations on the conditionally convicted person: not to change his permanent place of residence, work, or study; do not visit certain places; undergo treatment for alcoholism; provide financial support to the family, etc.

If during the probationary period the convicted person systematically violates public order, which entails the application of measures against him administrative penalty or social impact, did not fulfill the duties assigned to him, the court may issue a ruling to revoke the suspended sentence and send the convicted person to serve the sentence imposed by the verdict.

If a conditionally convicted person commits a new crime during the probationary period, the court, depending on the severity of the crime and the form of guilt (intentional or careless), can either maintain the conditional sentence or revoke it, fully or partially adding the suspended sentence not applied to the punishment imposed for the new crime .

Stages of application of conditional sentence

Relatively legal nature of this measure exist different opinions, the most acceptable of which seems to be the following. Conditional sentence is expressed in the non-application of what was appointed by the court under the conditions specified in the law, subject to which the person is completely and finally released from punishment. It should be noted that the designation “probation” does not adequately reflect the essence of this institution. Conviction as censure of the guilty party on behalf of the state is unconditional and real. What is conditional is the implementation, the application of punishment. However, this designation has firmly taken root both in legislation and in practice.

There are three stages in the application of probation. The first of them is related to the purpose of this measure, the second - to its implementation, the third - to the adoption final decision about its actual serving or unconditional non-application of punishment.

First stage. A suspended sentence is conceivable only in cases where the perpetrator is sentenced to one of the following types punishments (Part 1 of Article 73 of the Criminal Code): correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for up to 8 years.

According to Parts 1 and 2 of Art. 73 of the Criminal Code, the court decides on the conditional non-application of punishment if, taking into account the nature and degree of public danger of the crime and the personality of the perpetrator, including mitigating and aggravating circumstances, it comes to the conviction that it is inappropriate for the guilty person to serve the assigned sentence, and about the possibility of correcting this guilty person without actually serving criminal law measures. The very fact of censure on behalf of the state, combined with the threat of punishment and control, as well as educational influence. Taken together, the data in the case should indicate a reduced degree of public danger of the crime and the individual.

The personality of the perpetrator as the second basis for the court’s conclusion is manifested in the person’s behavior at the time, before and after the commission of the crime.

The court's conclusion on a conditional sentence in each case must be properly motivated if we're talking about about two or more crimes, such a decision is made when the court imposes a cumulative punishment. In addition, the sentence must indicate a probationary period (calculated from the moment the sentence enters into legal force): it is differentiated depending on the type and duration of the punishment and is set at no less than six months and no more than five years in the case of a sentence of imprisonment for a term of imprisonment over one year, in all other cases - within the range from six months to three years (Part 3 of Article 73 of the Criminal Code). During this period (in practice it is equal to 2-3 years in most cases), the convicted person must confirm the correctness of the court’s conclusion about the possibility of his correction without real application punishments.

Conditional sentence in accordance with Part 4 of Art. 73 of the Criminal Code can be combined with what is actually applied by the sentence additional punishment. Such a measure (most often deprivation of the right to occupy certain positions or engage in certain activities) is intended to enhance the effectiveness of probation and guarantee the achievement of the goals of punishment.

In addition, the court imposes on the conditionally convicted person, taking into account his age, ability to work and state of health, the performance of certain duties: not to change his permanent place of residence, work, study without notifying the specialized government body that monitors the behavior of the conditionally convicted person; do not visit certain places; undergo treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease; work (get a job) or continue studying in educational institution. This list is not exhaustive - the court may impose on the conditionally convicted person the performance of other duties that contribute to his correction (Part 5 of Article 73 of the Criminal Code).

On specialized body- inspection, and in relation to military personnel - the command of the military unit and institution is assigned by law (Part 6 of Article 73 of the Criminal Code) the obligation to monitor the behavior of probationers. In addition, the court is given the right - on the proposal of these bodies - to cancel in whole or in part or to supplement the duties established in the sentence for the conditionally convicted person.

Second stage characterized by the fact that the probationary period is running, the person maintains a criminal record, special control is exercised over him, the person passes the test, fulfills the duties assigned to him, and the threat of real application of the punishment provided for by the sentence remains. If the convicted person successfully passes the test, complies minimum required requirements placed on him, then after the expiration of the probationary period criminal law relation is terminated, the person is considered not to have been convicted.

Third stage arises when, for one reason or another, the probationary period is adjusted or simply ceases to run. There are four possible situations here.

Firstly, after a certain part (at least half) of the probationary period established by the sentence has expired, it becomes obvious that the probationer has proven his correction by his positive behavior. In this case, according to Part 1 of Art. 74 of the Criminal Code, the court, on the proposal of the body that monitored the behavior of the convicted person, has the right to make a decision to cancel the suspended sentence and (this a special case, not provided for in Art. 86 of the Criminal Code) to remove a person’s criminal record.

Secondly, it turns out that the conditionally convicted person, instead of correction, on the contrary, evaded fulfilling the duties assigned to him or committed a violation of public order, for which he was subjected to administrative responsibility. In this case, the court, on the proposal of the supervisory authority, has the right to extend the probationary period, but not more than for one year (Part 2 of Article 74 of the Criminal Code). According to the law for such a decision facts of repeated evasion or violation of order are not necessary: ​​one such fact is sufficient to raise the issue of extending the period. Types of violations of public order are regulated by Ch. 13 Code of Administrative Offences. The supervisory authority is entitled, instead of raising the issue of extending the deadline, to submit to writing warning (Part 1 of Article 190 of the Criminal Code).

Third, during the probationary period, a conditionally convicted person: a) systematically violated public order, for which he was brought to administrative responsibility, b) systematically failed to fulfill the duties assigned to him by the court, or c) escaped control. By virtue of Part 3 of Art. 74 of the Criminal Code, the court, on the recommendation of the supervisory authority, may revoke the suspended sentence and reverse the sentence to real performance. Under systematic means: 1) two or more violations of public order within a year; 2) committing prohibited actions or failure to fulfill prescribed duties assigned to the subject by the court more than twice during the year, or prolonged (more than 30 days) failure to fulfill duties (Part 5 of Article 190 of the Penal Code). A conditionally convicted person whose location has not been established for more than 30 days is recognized as absconding from control (Part 6 of Article 190 of the Penal Code).

The issue of revoking a conditional sentence is resolved in the presence of the person in respect of whom such a decision is made, except for the case when it is confirmed that the conditionally convicted person has escaped control.

The common thing that unites the three situations outlined is, firstly, that the issue is considered by the court on the proposal of the body exercising control over the behavior of the conditionally convicted person. Secondly, the basis for consideration is positive or unlawful (but not criminal) behavior of the conditionally convicted person.

Finally, fourth situation is associated with the commission of a new crime by a conditionally convicted person, the person again comes into conflict with the criminal law. This fact does not in itself predetermine the fate of a suspended sentence; Art. 74 of the Criminal Code provides for two solutions depending on the form of guilt and the category of the new crime:

• if it was committed through negligence or, although intentionally, but of minor or moderate severity, the question of the fate of the suspended sentence is left to the discretion of the court: it can be canceled or retained (Part 4 of Article 74 of the Criminal Code). IN the latter case it is quite possible to carry out two sentences - a suspended sentence and a new one;
• if it was committed intentionally and, moreover, belongs to the category of grave or especially grave crimes, the court is obliged to revoke the suspended sentence (Part 5 of Article 74 of the Criminal Code).

When a suspended sentence is revoked, the punishment is imposed - in both versions - according to the rules on the totality of sentences (Article 70 of the Criminal Code).

What is unique is the option when, in relation to the conditional convicted person it is established that he is also guilty of another crime committed before the verdict in the first case came into force against him. In this case: a) the rules established by parts 4 and 5 of Art. 74 of the Criminal Code, i.e. the conditional sentence remains or loses its force depending on the category of the newly committed crime and accepted by the court solutions; b) trial in relation to a new crime is carried out only after the suspended sentence has entered into legal force.

Criminal Code, N 63-FZ | Art. 73 of the Criminal Code of the Russian Federation

Article 73 of the Criminal Code of the Russian Federation. Conditional sentence ( current edition)

1. If, having imposed correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for a term of up to eight years, the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence, it decides to consider the imposed punishment suspended. A suspended sentence is not imposed:

a) those convicted of crimes against the sexual integrity of minors under fourteen years of age;

a.1) convicted for crimes provided for in parts one and two of Article 205.1, Article 205.2, part two of Article 205.4, parts one to three of Article 206, Article 360 ​​of this Code;

b) when committing a serious or especially serious crime during the probationary period, with a conditional sentence imposed for committing an intentional crime, or during the unserved part of the sentence imposed for committing an intentional crime, with conditional early release;

c) in case of a dangerous or especially dangerous relapse.

2. When assigning a suspended sentence, the court takes into account the nature and degree of social danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances.

3. When assigning a conditional sentence, the court establishes a probationary period during which the conditionally convicted person must prove his correction by his behavior. In case of imposition of imprisonment for a term of up to one year or a more lenient type of punishment, the probationary period must be no less than six months and no more than three years, and in case of imposition of imprisonment for a term of more than one year - no less than six months and no more than five years . The probationary period is calculated from the moment the sentence enters into legal force. The probationary period includes the time elapsed from the date of pronouncement of the sentence.

3.1. If a sentence is imposed in the form of detention in a disciplinary military unit, the conditional probationary period is established within the limits of the remaining period of military service on the day the verdict is announced.

4. In the event of a suspended sentence, additional types of punishment may also be imposed.

5. The court, when assigning a conditional sentence, imposes on the conditionally convicted person, taking into account his age, ability to work and state of health, the performance of certain duties: not to change his permanent place of residence, work, study without notifying the specialized state body that monitors the behavior of the conditionally convicted person, not to visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse or sexually transmitted diseases, work (get a job) or continue studying in a general education organization. The court may impose on the conditionally convicted person the performance of other duties that contribute to his correction.

6. Control over the behavior of a conditionally convicted person is carried out by an authorized specialized state body, and in relation to military personnel - by the command of military units and institutions.

7. During the probationary period, the court, upon the proposal of the body exercising control over the behavior of the conditionally convicted person, may cancel in whole or in part or supplement the duties previously established for the conditionally convicted person.

Note. For the purposes of this article, as well as articles 79, 80, 82 and 97 of this Code, crimes against the sexual integrity of minors under fourteen years of age include crimes provided for in articles 131 - 135, 240, 241, 242.1 and 242.2 of this Code, committed in in relation to minors under fourteen years of age.

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