Is it possible to get a suspended sentence with an outstanding criminal record? Conditional sentence - restrictions and consequences for the convicted person Give a suspended sentence if there has already been a suspended sentence

Conditional sentencemeans that the convicted person, subject to certain conditions, will not have to actually serve the assigned sentence. What prerequisites should be there for this and what obligations the court imposes on the convicted person can be found in the article below.

What does probation mean?

A person who has committed an illegal act is usually punished. Usually, but not always. There are a number of reasons why such a person can avoid punishment, and all of them are enshrined in law. If an unlawful act falls under the category of “crime”, then the grounds for exemption from punishment must be sought in the Criminal Code of the Russian Federation.

The court must first decide whether the accused should be held criminally liable for the offense he committed. If not, then the question of applying punishment within the framework of the Criminal Code of the Russian Federation is not even raised. And in cases where the criminal court has decided to bring the accused to justice, the judge must choose an adequate punishment for him, and at this stage there may also be options.

In a special part of the code, each crime has its own punishment, most often several types of punishment. In addition, for each punishment a time frame is established in the form of a fork - for example, for a period of 1 to 3 years. The judge takes into account all mitigating and aggravating circumstances and chooses the main punishment for the offender.

And here the judge may decide that actually serving the chosen sentence is not so necessary; the fact that there is such a threat is enough. The very fact of the possibility of being sent to prison forces the criminal to reform. This option is called probation.

Which punishments can be replaced by a suspended sentence and which cannot?

Replacing a real sentence with a suspended sentence is not always possible. The Criminal Code of the Russian Federation has clear instructions on this matter. And the judge must follow them in his decision. The law lists cases when a conditional sentence is possible, and cases when only actual serving of the sentence is possible for the offender.

Here are the types of punishment that can be replaced by a suspended sentence:

• correctional labor (regardless of the term);
• restrictions on military service (these are the same correctional labor, only for contract soldiers);
• imprisonment (but only if the court has set a term of no more than 8 years);
• detention in a disciplinary military unit (the same imprisonment, only for military contractors and conscripts).

But here are the situations when a suspended sentence is not assigned:

• The offender was brought to justice for violating the sexual integrity of a child under 14 years of age.
• The offender was convicted of involvement in terrorist activities or an attack on a foreigner under international protection.
• If the crime committed is considered not just as a relapse (a conditional sentence may be applied for a repeat crime in some cases), but as a dangerous recidivism.

Just because a judge has the option to grant probation does not mean he will do so. This is a right, not an obligation. And its use must be motivated. The application of a suspended sentence is the result of a comprehensive analysis of the personality of the criminal, the nature of the act for which he is being tried, and the danger of such an act for society.

Difference between probation and release from punishment

If the court sentence contains a conditional sentence clause, this means that the offender has a chance to avoid being forced to undergo correctional labor or imprisonment. But, on the other hand, a suspended sentence cannot be equated with release from punishment.

The law clearly states the grounds on which a convicted person is released from the obligation to serve the assigned sentence. Here they are:

Don't know your rights?

• the convicted person has served his sentence;
• the court's verdict was overturned;
• the convicted person was released on parole;
• in the process of serving the sentence, its mitigation occurred;
• the convicted person was pardoned or amnestied;
• The convict became seriously ill, so it was decided to interrupt the execution of the sentence.

All of the listed punishments have a similar feature: the convict began to serve his sentence, and already in the process of serving it he was released from it. Most often for good behavior. That is why parole should not be confused with probation. In the second case, the judge immediately in the sentence provides the opportunity to avoid real punishment, giving the criminal a certain limit of trust.

What is the risk of a suspended sentence for a convicted person?

The use of a suspended sentence still limits the rights and interests of the criminal in a certain sense, although he does not have to go to correctional labor or serve time in prison.

Firstly, in criminal law, in addition to the main punishment, additional measures of influence can be applied to the criminal. And then it turns out that the suspended sentence affected only correctional labor or imprisonment. But additional punishment will apply. Most often, such punishment is a ban on engaging in certain activities.

Secondly, the court may impose certain obligations on the convicted person. For example:

• You will not be able to change your place of residence, work, or study without notifying your inspector.
• Visits to certain establishments may be prohibited.
• It will be necessary to undergo treatment, for example for alcoholism.
• You will need to find a job or finish school.

Probation period for suspended sentence

Punishments that can be replaced by a suspended sentence have their own duration, calculated in months and years. In order to be able to control a criminal who has been conditionally sentenced, the court sets a probationary period for him, the duration of which depends on the type and duration of the actual punishment.

In any case, the probationary period cannot be less than 6 months, but its upper limit can be at the level:

• 3 years, if the suspended sentence replaces correctional labor or imprisonment for a term of less than a year;
• 5 years if the suspended sentence replaces imprisonment for more than a year.

For military personnel who have been sentenced to transfer to a disciplinary unit, a probationary period is established for the duration of the remaining service.

The probationary period begins on the day the sentence comes into force.

Consequences of failure to comply or compliance with the rules of probation

During the entire probationary period of the convicted person, his actions are subject to control by the criminal correctional inspection. As soon as the sentence comes into force, the convicted person is registered with the inspectorate. Depending on the presence of additional punishment or duties, the convicted person reports on their implementation, and the inspector uses his powers to verify the veracity of the information provided.

The probationary period can develop according to the following 4 scenarios.

Clearance of a criminal record

By analogy with parole, a suspended sentence can also be terminated early. To do this, it is necessary that the convicted person atone for his guilt before society, and, if necessary, before the victim, and his behavior would indicate correction. The question of termination of probation can be raised after completing half of the probationary period. And at the same time, the court also removes the criminal record from the criminal.

Extension of probationary period

There are 3 reasons for this decision:

• the convicted person tries to evade the obligations imposed by the suspended sentence;
• the convicted person committed another offense, violating public order, but the punishment followed within the framework of administrative responsibility;
• the convicted person did not want to compensate for the damage caused in whole or in part.

In these cases, the inspector may ask the court to extend the probationary period, but not more than for a year. And this is done in order to observe the behavior of the convicted person for some time before making a final decision.

Execution of real punishment

If the actions of the convicted person listed in the previous paragraph during the probationary period have become systematic, then the court is faced with the question of replacing the suspended sentence with the actual execution of the previously imposed punishment. In such cases, the convicted person will have to start working as part of correctional labor, or go to prison, depending on what type of punishment was determined by the court.

New conviction

There is no guarantee that the offender will not break the law again. Committing minor crimes only calls into question the possibility of further extending the suspended sentence. But serious crimes clearly cross out this possibility. In such cases, the court assigns a new punishment taking into account the actual punishment that was replaced by a suspended sentence.

A suspended sentence is used by a judge in cases where it is more important to convict the criminal, pointing out to him the inadmissibility of such behavior, rather than send him to serve his sentence. With the help of criminal punishment, the state seeks not only to restore justice, but also to correct the convicted person. And being in prison does not always have a positive effect on a person. And then a conditional sentence, which allows to control the behavior of the criminal to a certain extent, becomes another way to achieve the goals described above.

When conducting an individual criminal trial, a judge makes difficult decisions about how exactly to punish each individual defendant based on the severity of the offense he committed and the combination of various personal characteristics. Statistics show that in almost half of the cases, the justice authority chooses a suspended sentence, with a probationary period, which does not require staying in places of exclusion from society.

This practice is called conditional sentencing and has established itself as the most loyal form of perception of punishment, without placing one in isolation from others. Let's talk about the place of probation in the criminal law of the Russian Federation, whether people are accepted into the army with a suspended sentence, and other restrictions on this type.

general information

The difficulty of re-educating a person who has crossed the line of what is permitted in the form of an article of the Criminal Code is considered to be the choice of such retribution that would discourage him from repeating his socially dangerous actions and would allow him to become a useful member of society, and not a threat to it. As the practice of the correctional system demonstrates, finding a person in places of alienation from external joys and temptations, which should discipline a person and promote repentance, on the contrary, embitters him and aggravates his needs.

After serving his assigned sentence, many fall under the influence of gangster romance and become involved in organized crime, involvement in which leaves no chance of returning to normal life. In many ways, precisely because of the understanding of the described trends, the justice authorities are trying to leave defendants free, limiting their opportunities and prescribing the implementation of procedures that promote familiarization with the values ​​of society.

The following video will tell you what the Criminal Code of the Russian Federation means by punishment in the form of a suspended sentence:

What is probation?

The implementation of a conviction that does not require isolation of a person for committing socially dangerous offenses in places of organized perception of punishment will be conditional, by providing a test in the form of fulfilling a number of requirements for discipline and socialization within a limited period of time.

• Theorists of criminal law determine the conditional embodiment of conviction in different ways, formulating it as:
• a period of a kind of postponement of the implementation of proper punishment;
• a special type of punishment;
• a measure of criminal law that does not involve punishment;
• a type of release of a subject who has violated the law from actual stay in forced isolation;
• a unique order of retribution against the attacker, which does not imply its implementation.

Based on the disposition of the Criminal Code of the Russian Federation, it is necessary to determine the conditional implementation of conviction as punishment, as evidenced by its inclusion in Chapter 10 “Imposition of punishment”, and not Chapter 12 “Exemption from punishment”.

Read below about the maximum and minimum terms of probation under articles of the Criminal Code of the Russian Federation.

Types and terms

Varieties of conditional sentencing can be distinguished in accordance with the methods of punishment that they can replace. That is, you can apply conditionals:

• serving a disciplinary sanction at the location of a unit of the Armed Forces;

Most often, a suspended sentence is established in the form of forced exclusion from society for a certain duration, although its implementation is possible for the entire list, as follows from Part 1 of Article 73 of the Criminal Code of the Russian Federation. Conditional punishment is usually not recommended for use if the term regulated for the offense exceeds 8 years, due to the fact that more serious offenses imply the presence of personal qualities of a person that will not allow him to correct himself without alienation from society.

To whom is it assigned?

When studying the issue of the possibility of assigning a conditional sentence, the presence of personal qualities is taken into account, in particular:

1. Positive behavior of the individual in the period preceding the offense and after it.
2. Availability of dependents.
3. Voluntary admission of guilt.
4. Assistance to investigation and search authorities.
5. Positive feedback from the place of employment and/or study.
6. Poor health or predisposition to pulmonary diseases.
7. Old or young age.

The presence of one or more of the listed qualities may persuade the judge to decide on a suspended sentence if the act committed is not too serious, the offense was committed for the first time, and the defendant has openly repented.

Although the wording in the text of the Criminal Code of the Russian Federation does not deny the possibility of a conditional option for convicting individuals who have committed serious crimes, such decisions are not practiced by the justice authorities. Conditional punishment is definitely not allowed for the following criminal acts:

• , under 14 years of age, as well as introducing them to, or;
• for any actions related to the training, organization or implementation of terrorist acts or the creation of communities of a similar nature;
• for crimes accompanied by grave consequences, committed during the period of serving the probationary period of a previous conviction in a suspended form or part of the actual punishment formed after parole;
• upon repeated implementation of criminal actions that had dangerous or especially dangerous consequences for others.

In an accessible form with useful diagrams, the following video will tell you about the reasons for using a suspended sentence:

Features of the probationary period

In order to ensure the objectivity of the decision made when establishing a conditional option for serving a sentence, the court in its decision sets a period for probation, during which the convicted person will be under the control of the criminal executive inspection. If, during the probationary period, an individual who has been given a suspended sentence by the court commits administrative or criminal offenses, violates the regime of serving the sentence, or fails to carry out the actions prescribed to him and evades a socially significant role, then the term may become real, and the wind of freedom will be replaced by the dank draft of the colony.

Is it allowed to travel abroad with a suspended sentence, is it possible to get a job, and what other risks does it pose? More on this later.

Conditional restrictions

Since the conditional form of conviction is considered a punishment, and not a way of release from it, its presence is fraught with social restrictions similar to those imposed on persons serving and who have served prison sentences.

• In pursuance of Article 32 of the Constitution of the Russian Federation, persons sentenced to a suspended sentence are not subject to election to elective positions, on the same basis as those serving sentences in places of organized detention of convicts. That is, such citizens will not be able to take part in elections as a candidate.
• Until the end of the suspended sentence period or its termination earlier than the prescribed period, the subject subject to punishment will not be able to leave the territory of the Russian Federation in accordance with the requirements of No. 114-FZ.
• Formally, a criminal record should not be a basis for a negative employment decision, with the exception of law enforcement agencies and the civil service. If a police or administrative officer is given a suspended sentence, he will have to resign, since the relevant laws on services do not allow the presence of such employees on the staff.

Now let's talk about the reasons for using probation.

Execution of punishment

A conditional conviction is an extraordinary method of introducing a stumbled individual to normal life in society, without neglecting the rules of behavior and interaction with other people, as well as with the implementation of a socially significant function. In essence, the life of a convict is conditionally insignificantly different from the life of an average citizen, except that for the latter, following the rules and regulations is the norm, and the person who has been punished will have to learn this.

If the offense was not committed intentionally, then the restrictions imposed by the court will not seem excessive to the person, and serving the sentence will not cause difficulties.

Reasons and procedure for application

The basis for a conditional conviction of a citizen of the Russian Federation can only be a verdict of a court of general instance based on the results of consideration of a criminal case.

After the court decision is announced, the convict is released from custody and goes home to await notification from the criminal executive inspection, upon receipt of which he will have to register within three days and fulfill all the restrictions and duties prescribed to him.

Periodic monitoring of the performance of duties will be checked on site, including the absence of long absences from the place of permanent residence and being within the established boundaries of stay.

Terms and restrictions

• In the case of a conditional conviction, a probationary period is declared, the length of which is determined by the substituted punishment:
• if convicted for up to 1 year, probation can last from six months to 3 years;

if the period is more than a year, then the trial period will end after 6 to 60 months.

1. The following restrictions may be imposed by the justice authority:
2. Prohibition on changing place of residence, training or employment without prior notification to the supervisory authority.
3. Limitation of visiting places.
4. The need to undergo treatment for vices in the form of addiction to drugs, alcohol, toxins, etc.
5. Find or continue work or education.

Compensate for the harm caused by your misconduct.

Compliance with laws and the inadmissibility of administrative and criminal penalties is obvious and is not subject to further disclosure.

The problems of serving are associated with insufficient control over the behavior of the convict, who can perform all formal procedures, report on time and work for the benefit of society, but lead an antisocial double life, since it is almost impossible to identify it without evidence and evidence. The lack of monitoring of the subject’s movements using a radio beacon during the probationary period, due to poor technical equipment, does not allow for an objective assessment of compliance with the prescribed regime of stay and movement.

Replacement with another type of punitive measures

Replacing a conviction in a suspended sentence with other punishments is not practiced, since a fine is usually imposed in the form of an additional penalty, and other types of retaliatory measures cannot be considered less stringent than a suspended sentence. For more information about probation and expungement of a criminal record, as well as restrictions in this area, read on.

Cancellation of suspended sentence or extension of probation period

Cancellation of a conviction can be achieved by exemplary behavior and compliance with all court requirements. The basis is a petition from the supervisory authority or the convicted person himself to the justice body that considered the criminal case, after half the sentence has expired without any complaints.

• Violations of the regime for serving a suspended sentence, consisting of failure to comply with court requirements, neglect of marks in the supervisory service or leaving the place of residence, may cause an extension of the term, but not more than 1 year.
• The presence of several administrative penalties or crimes of a criminal nature during a suspended sentence are sufficient grounds for replacing it with actually serving the sentence in places of detention.

The following video will tell you about a case from judicial practice regarding suspended imprisonment:

A suspended sentence is a punishment that does not involve imprisonment, which allows the offender to remain free. But it presupposes many restrictions that the convicted person will face. In addition, the “condition”, like any other type of criminal punishment (except for a fine), provides for a criminal record with all the ensuing consequences. Let's talk in more detail about what this punishment is, in what cases it can be obtained, and what the consequences of a suspended sentence may be for the convicted person.

Why do they give a suspended sentence?

A suspended sentence may be imposed if the court considers imprisonment or correctional labor inappropriate. When making a decision, the court takes into account the severity of the crime and its danger to society. In addition, the choice in favor of a suspended sentence may be made in the presence of mitigating circumstances. Conversely, if there were aggravating circumstances, there is a high likelihood of more serious consequences, including imprisonment.

The court will also take into account whether the defendant has an outstanding criminal record and the lifestyle he leads. In addition, characteristics from places of study or work are also important. The opinion of a person from management and colleagues is important.

Note!

The court also pays attention to whether the defendant has a family and children.

It is also necessary to note how exactly public danger is determined. The court takes into account the subsequent behavior of the accused. The likelihood of a suspended sentence is higher if the defendant:

• compensated the victim for damages;
• admitted guilt;
• repented.

Responsible for the behavior of a civilian who has received a suspended sentence is the Criminal Executive Commission. As for persons who serve in the army, they will be controlled directly by the command staff of the military unit in which the convicted person serves.

Consequences of probation

The main advantage of a suspended sentence, compared to other types of punishment, is the preservation of freedom. However, you should not expect that a suspended sentence will allow you to live without restrictions. They are and will be quite severe. Let's look at them in more detail.

• Ban on traveling abroad. If you are given a suspended sentence, then you can forget about any foreign trips for the entire period of the sentence.
• Ban on visiting certain places.
• Obligation to receive treatment for detected diseases. If a person is diagnosed with sexually transmitted diseases, an unhealthy craving for alcohol or drugs, or other problems of this kind, he will have to deal with this during the probationary period.
• Possible dismissal from military service.
• Inability to exercise the right to vote.
• Obligation to work officially.
• The obligation to constantly check in with the local police officer.

Note!

Traveling abroad is still possible in exceptional cases. For example, in case of a serious illness of a close relative. Moreover, if the sentence is suspended, the foreign passport may be confiscated. You can only leave with the knowledge of law enforcement officers.

A criminal record makes it impossible to work in law enforcement agencies, and in other companies there are often problems with the security service. Therefore, a suspended sentence, while allowing one to maintain freedom, creates many additional difficulties in the future.

Probation period for suspended sentence

A certain probationary period is established for all suspended persons. During this period, the citizen is obliged to confirm that the trust was placed in him not in vain. In particular, throughout the entire period of time the person is obliged to comply with all the conditions determined by the court. In case of non-compliance, it is possible to replace the suspended sentence from a probationary period to a real one.

The minimum duration of the probationary period, determined by law, is six months. The maximum suspended sentence is 5 years. During this time, any offense carries with it the threat of an immediate review of the sentence up to actual imprisonment.

Extension of the probationary period for a conditionally convicted person

The probationary period for a suspended sentence may be extended. This possibility is provided for by the provisions of the Criminal Code of the Russian Federation. Such measures are resorted to if a citizen has not taken the path of reform, but has not committed crimes for which he could be removed from probation and sent to a colony.

Note!

The law provides for a maximum extension period of the “condition” in the Russian Federation of up to 12 months.

A petition to extend the probationary period is submitted by the criminal correctional commission. It is associated with the commission of an administrative offense by a citizen. For example, if a convicted person got into a fight or did not obey a law enforcement officer, these are already grounds for reviewing the court’s decision. Also, similar measures can be taken against people who evade compliance with the instructions.

Replacing a suspended sentence with a real one

A suspended sentence is a trust that is given to a convicted person only once. And if he does not take advantage of his chance, the court reviews the sentence and replaces it with a real term. The suspended sentence may be revoked in the following cases:

1. if the convicted person continues to ignore the requirements of regulatory authorities after the extension of the probationary period;
2. if the convicted person repeatedly commits an offense of medium gravity;
3. if the convicted person commits a crime classified as grave or especially grave.

If any of these conditions are met, the PEC sends a petition to the court to review the verdict. And in most cases, judges will grant the request, and the convicted person will have to spend the rest of the suspended sentence directly behind bars. As a rule, replacing a “probation” with a prison sentence is more common than extending the probationary period.

How to get a suspended sentence

The deciding factor in your case will be the line of defense you or the attorney representing you choose.

In accordance with judicial practice, you can receive a suspended sentence instead of a real one if you help solve the crime from the very beginning. Repentance of the person who committed the crime, as well as cooperation with the investigation, are key mitigating factors when choosing a punishment. This must be remembered at the investigation stage and based on this, build a further strategy for behavior in court.

If the bench is an exemplary family man who works and has good reviews from work, and the crime itself was not serious, then the probability of obtaining the desired result is quite high.

Note!

To get a “condition” instead of a real term, you need a good, qualified lawyer.

If a person with an outstanding criminal record, suffering from problems with alcoholism or drug addiction, and without a family, applies for a “condition,” then the court will most likely ignore the petition.

How to remove a suspended sentence early

Another important question to consider is: Can probation be paid off early? Parole is also quite possible. If you do not want to wait for the trial period to expire, then you need to follow certain rules:

• the convicted person must fully admit guilt and repent;
• losses caused to the victim must be compensated in full;
• the convicted person should not have administrative penalties or new criminal cases;
• no one should have any complaints regarding behavior;
• all requirements put forward by the court must be fulfilled;
• the convicted person must have a good reference from the place of employment or study.

If you meet all these criteria, your criminal record is cleared and you get back to your old life.

Note!

Only persons who have served half of the probationary period can apply for parole on a suspended sentence.

In order to get rid of a criminal record, it is necessary to prepare a petition to the court. If your arguments can convince the judge that you have really changed for the better, then, most likely, you will be able to get rid of the “condition” much faster than the end of the remaining probationary period, not to mention the real one.

Summary

The suspended sentence is regulated by the provisions of Article 73 of the Criminal Code of the Russian Federation. It can be assigned for crimes of mild and moderate severity if the court is confident that there is no need for a real term. There are some conditions that may also contribute to the court’s decision to impose a suspended sentence. This requires compensation for damage to the injured party, as well as an admission of guilt and repentance. If you are given a suspended sentence, you will not be able to travel abroad, visit certain places, and will also receive many other restrictions. To get out of the situation with minimal damage, contact the lawyers of our company for help. You can contact us by phone or through the online form.

1. My husband was sentenced to 10 years, can he be given a suspended sentence or a shorter sentence if I’m pregnant?

1.1. In the future, you can reduce your parole.

2. Can a suspended sentence be given under Article 111, Part 2, paragraph e, if the accused has a newborn child and is the only breadwinner in the family.

2.1. Yes, having a child is a mitigating circumstance.

3. My husband faces a sentence of 7 years and 6 months for credit fraud. Can they give a suspended sentence for such a punishment?

3.1. All mitigating and aggravating circumstances will be taken into account.
. Fraud
(as amended by Federal Law dated December 8, 2003 N 162-FZ)

1. Fraud, that is, theft of someone else’s property or the acquisition of rights to someone else’s property through deception or abuse of trust, -
shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to three hundred and sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years.

(see text in the previous edition)
2. Fraud committed by a group of persons by prior conspiracy, as well as causing significant damage to a citizen, -

(as amended by Federal Law dated December 7, 2011 N 420-FZ)
(see text in the previous edition)
3. Fraud committed by a person using his official position, as well as on a large scale, -

(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ, dated November 29, 2012 N 207-FZ)
(see text in the previous edition)
4. Fraud committed by an organized group or on an especially large scale or resulting in the deprivation of a citizen’s right to residential premises, -
(as amended by Federal Law dated November 29, 2012 N 207-FZ)
(see text in the previous edition)

(as amended by Federal Laws dated December 27, 2009 N 377-FZ, dated March 7, 2011 N 26-FZ)
(see text in the previous edition)
5. Fraud associated with deliberate failure to fulfill contractual obligations in the field of business activity, if this act resulted in significant damage, -
shall be punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years. with restriction of freedom for a term of up to one year or without it, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it.
(Part 5 introduced by Federal Law dated July 3, 2016 N 323-FZ)
6. An act provided for in part five of this article, committed on a large scale, -
shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to two years, or imprisonment for a term of up to six years with a fine in the amount of up to eighty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to six months or without it and with restriction of freedom for a term of up to one and a half years or without it.
(Part 6 introduced by Federal Law dated July 3, 2016 N 323-FZ)
7. An act provided for in part five of this article, committed on an especially large scale, -
shall be punishable by imprisonment for a term of up to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years and with or without restriction of freedom for a term of up to two years.
(Part 7 introduced by Federal Law dated July 3, 2016 N 323-FZ)
Notes 1. Significant damage in part five of this article is considered to be damage in an amount of at least ten thousand rubles.
2. Large size in part six of this article is the value of property exceeding three million rubles.
3. In part seven of this article, the value of property exceeding twelve million rubles is recognized as particularly large in size.
4. Parts five to seven of this article apply to cases of deliberate failure to fulfill contractual obligations in the field of business activity, when the parties to the agreement are individual entrepreneurs and (or) commercial organizations.
(notes introduced by Federal Law dated July 3, 2016 N 323-FZ)

4. Can they be given a suspended sentence under Article Part 4, Article 111, was not an adult at the time of the crime?

4.1. Part 4 will not give you a suspended sentence.

5. Can they give a suspended sentence under Article 105 if the prosecutor asks for 8.5 years and the victim asks for a suspended sentence and + 2 minor children.

5.1. In theory, a suspended sentence could be imposed.

5.2. Hello! No, there will be a real deadline. If there are no more extenuating circumstances.

6. Article 226 paragraph “a”. Part 3 and Part 2 of Article 222 of the Criminal Code of the Russian Federation, can they give a suspended sentence?

6.1. Anna, for this you need to study the materials of the criminal case or obtain more information for analysis on this issue.
Sincerely.

7. The husband was convicted 228.1 part 3 after 30. There are 3 people in the organized crime group. Can my husband be given a suspended sentence? He fully admitted his guilt, there are a lot of characteristics, his mother is sick, etc., he was under house arrest for a year, they say this is also a plus in that it does not pose a danger to society. Now they have filed for appeal, can they give him a suspended sentence alone?

7.1. NO they can’t - now the fight against drug addicts is in full swing! Let them sit.

8. Article 228.1 part 3
Can they give me a suspended sentence or put me under a bracelet until the trial?

8.1. Under such articles, people are usually not kept free during the investigation. Well, whether it’s conditional or not, you need to discuss the prospects with a lawyer. Without a lawyer, poor prospects.

9. Can they give me a suspended sentence under Article 111 Part 3?

9.1. Hello, Asya
Depends on what the court sentences, if up to 8 years, then there is a chance. In your case, the period may be up to 12 years.

9.2. The norm you indicated provides for punishment in the form of imprisonment for up to 12 years. By virtue of Article 73 Part 1 of the Criminal Code of the Russian Federation, the court has the right to consider the deprivation of liberty to be suspended if the term of imprisonment assigned by the court does not exceed 8 years. So theoretically, they can. In practice, it all depends on the details.

10. I have 3 suspended sentences, can they give me a 4th suspended sentence at a cost. 158 part 1

10.1. Hello. It is extremely unlikely, I believe there will be real imprisonment here.

10.2. The law does not prohibit the re-applying of a suspended sentence. But, probably, the limit of trust on the part of the state has already been exhausted in your case. Most likely, the prosecutor will ask for real imprisonment.

11. Please tell me whether they can give a suspended sentence under Article 228, Part 1, if there is currently administrative supervision under Article 228.1, Part 1

11.1. Hello! Vasily, if the previous conviction has not been expunged, then it is quite likely that they can give a real decision of freedom, especially if the crime was committed during the period of parole or during the period of suspended sentence, then, based on the totality of sentences, real imprisonment is usually prescribed.

12. Can they give a suspended sentence under Article 207 part 2. If you called in a drunken state and wanted to get to your Wife and newborn son in the turmoil! About 15 minutes later he called and said it was a false call, called the police and left with them! Not all of the services even had time to arrive!? Thanks in advance for your answer!

23. 158 h 2 p in, convictions expunged, no relapse, damage 6000 rubles, compensated, can they give a suspended sentence?

23.1. Hello, Elena!
Taking into account the fact that there is no criminal record, which means there is no relapse, as well as mitigating circumstances in the form of repentance and compensation for material damage, you can generally count on a suspended sentence or a more lenient punishment (for example, compulsory labor).

24. Can they be given a suspended sentence under Article 228 Part 1 if there is an expunged criminal record under the same article?

24.1. Hello, yes, they can give you a suspended sentence, everything will depend on your position during the investigation and in court, as well as on the work of your defense attorney.

24.2. Uv. Kirill, yes, there is such a possibility, but each case is individual. It all depends on the specific circumstances (your characteristics, the experience of the lawyer, etc.).

25. When replacing a suspended sentence with a real term under Article 166 Part 1, can they be given a settlement in a colony? What if previous convictions have been expunged?

27. Can a suspended sentence be given under Part 158/1 if the property was returned and the person was previously convicted.

27.1. Good afternoon
Theoretically, yes. But everything depends on the position of the state prosecution and the court. In addition, Part 1 of Article 158 of the Criminal Code of the Russian Federation provides for other types of punishment not related to imprisonment.

27.2. Hello
The court will consider all the circumstances of the case, positive characteristics are needed, repayment of damage is a plus, a criminal record will also be taken into account, but you need to know whether it has been repaid. (depends on the article, whether he served his sentence and when he was released). You also need to get a job (any job) if you are not working. A suspended sentence is also possible.
Good luck to you.