Article 41. Deprivation of the Right to Hold Certain Position or Engage in Certain Activity

1. Deprivation of the right to hold a certain position or to engage in a certain type of activity, shall consist in prohibition to hold certain positions at the state service, in the local government bodies, or to engage in certain professional or other activities.

2. Deprivation of the right to hold certain positions or to engage in certain types of activity shall be established for a period from one year to five years as a principal type of punishment and for a period from six months up to three years as an additional type of punishment.

For the commission of corruption crimes, deprivation of the right to hold certain positions or to engage in certain types of activity shall be established for a period from three to ten years as a principal type of punishment and for a period from one year to seven years as an additional type of punishment.

Note. Crimes specified in paragraph d) of the third part of Article 176, paragraph a) of the third part of Article 193, paragraph a) of the third part of Article 209, Article 307, paragraph c) of the fourth part of Article 308, ArticleS 310-315, Article 380 of this Code, shall be recognised as corruption crimes.

3. Deprivation of the right to hold certain positions or to engage in a certain types of activity as an additional type of punishment may be also appointed in the case in which it is not stipulated by the relevant article of the Special Part of the present Code as punishment for the relevant crime, if, subject to the character and degree of public danger of a committed crime, and personality of the convict, a court recognises it as impossible for him to retain the right to hold certain positions, or to engage in certain types of activity.

4. In appointment of this punishment as an additional to restriction of freedom, arrest, detention in a disciplinary military unit, or deprivation of freedom, it shall apply for the entire time of serving said main types of punishment, but, in this respect, its term shall be calculated from the moment serving begins. In case of appointment of deprivation of the right to hold certain positions or to engage in a certain types of activity as an additional type of punishment to the other main types of punishment, as well as in a case of a suspended conviction, its term shall be calculated from the moment of the entering of a given sentence into legal force.

Article 42. Involvement in Public Works

1. Public works shall consist in the performance without compensation by a convict, in the time free from his work or studies, of publicly useful works, the type of which shall be defined by local executive bodies or local self-government bodies.

2. Public works shall be established for a period from sixty up to two hundred and forty hours, and shall be performed for not longer than four hours per week. In case of a malicious escape from participation in public works, they shall be replaced by restriction of freedom arrest or deprivation of freedom within the limits of a period stipulated by Articles 45 and 46 and 48, accordingly. In this respect, the time during which a convict served in public works shall be taken into account, as one day of restriction of freedom arrest or deprivation of freedom for four hours of public works.

3. Engagement in public works may not be sentenced upon military servicemen, women over fifty years of age, and men over sixty, pregnant women, as well as women having children up to three years, and the disabled of group one and two.

Date: 2014-12-21; view: 1100