Article 71. Substitution of an Unserved Term of Punishment for a More Lenient Type of Punishment

1. For a person serving deprivation of freedom for a crime of a lesser gravity or, of medium gravity and grave crimes a court may substitute the remaining unserved term of punishment for a more lenient type of punishment, taking into consideration his behaviour during the endurance of punishment. In this respect, a person may be completely or partially released form the endurance of an additional type of punishment.

2. Unserved part of a punishment may be replaced with a more lenient type of a punishment after the actual serving by the convict of not less than one third of the punishment term for the commission of a a lesser or medium gravity crime, of a half of the punishment term for grave crimes or by a person who previously had been conditionally released ahead of time from enduring a punishment in the form of deprivation of freedom and committed new crimes during the period of the remaining unserved part of the punishment.

3. In case of a substitution of an unserved term of punishment, a court may select any more lenient type of punishment in accordance with the types of punishment indicated in Article 39 of the present Code, within the limits stipulated by the present Code for each type of punishment.

Article 72. Postponement of Endurance of Punishment for Pregnant Women and Women Having Small Children

1. For convicted pregnant women and women having child under fourteen years of age, except for women convicted and sentenced to deprivation of freedom for a period of more than five years for grave and especially grave crimes against a person, a court may postpone the endurance of punishment for a period of up to one year, or until the reaching by a child of fourteen years respectively.

2. In cases in which a convicted woman indicated in the first part of this Article, renounced her child, or continues evading the raising of her child, or continues violating public order after two written warnings issued by a body which is carrying out supervision of a given convict with regard to whom the endurance of punishment was postponed, a court may, pursuant to a proposal from that body, cancel the postponement and send a given convict for punishment to the place appointed in accordance with the court's judgment.

3. Upon the reaching by a child of eight years fourteen-year of age, or in case of his death, or in case of the discontinuation of a pregnancy, a court, depending upon the behaviour of a given convict, may release her from the endurance of punishment, or substitute sentenced punishment by a more lenient type of punishment, or pass a decision on the sending of a given convict to the relevant institution for endurance of punishment.

4. If during the period of postponement, a convict commits a new crime, a court shall sentence punishment upon her in accordance with the rules stipulated in Article 60 of the present Code.

Date: 2014-12-21; view: 887