Article 63. Suspended Conviction

1. In case, after having sentenced a criminal to correctional labour, restriction in military service, deprivation of freedom, or detention in a disciplinary military unit, a court comes to the conclusion that the correction of a given convict can take place without his serving his sentence, the court may adopt a decision to consider the sentence suspended.

2. In case of an application of suspended sentence, a court shall take into consideration the character and degree of public danger of the committed crime, as well as the personality of a given convict, including circumstances which mitigate and aggravate liability and punishment.

3. In case of a suspended sentence, a court shall establish a probation period during which a given convict must prove his correction by his behaviour. A probation period shall be appointed for a period from one year to three years.

4. In case of suspended sentence, additional types of punishment may be appointed, except for forfeiture of property.

6. Supervision of the behaviour of a convict with a suspended sentence shall be carried out by a specialised state body authorised to do that, and with regard to military servicemen, by the commanding staff of military units and institutions.

Article 64. Cancellation of a Suspended Sentence or the Prolongation of a Probation Period

1. If, prior to the expiration of probation period, a convict with a suspended sentence proved his correction by his behaviour, then a court, pursuant to a proposal from the body carrying out supervision of his behaviour, may render a decision on the cancellation of a suspended sentence and on the removal of conviction from a given convict. In this respect, a suspended sentence may be canceled upon the expiration of not less than half of the established probation period.

2. If a convict with a suspended sentence committed a violation of public order for which an administrative punishment was imposed upon him, then a court, pursuant to a proposal from the body indicated in the first part of this Article, may extend a probation period, but not more than for one year.

3. In the case of systematic and malicious violation by a conditionally sentenced person within the probation period of the public order or if the conditional convict has escaped supervision, the court pursuant to the proposal of the body indicated in the first part of this Article shall issue a resolution on cancelling of the conditional sentence and execution of the punishment prescribed by the court sentence.

4. If during his probation period, a convict with a suspended sentence committed a crime by negligence, or a deliberate crime of a lesser gravity, the question of the cancellation or retention of a suspended sentence shall be decided by a court when sentencing to punishment for a new crime.

5. If during his probation period, a convict with a suspended sentence commits a deliberate crime of medium gravity, or a grave, or especially grave crime, a court shall cancel a suspended sentence, and shall sentence to punishment in accordance with the rules stipulated by Article 60 of the present Code. Under the same rules punishment shall be sentenced in the cases stipulated by the fourth part of this Article.

Section V. Exemption from Criminal Liability and Punishment

Article 65. Exemption from Criminal Liability Due to Active Repentance

1. A person who committed for the first time a crime of a lesser gravity or of medium gravity, may be exempt from criminal liability, if that person, after the commission of a given crime, voluntary pleaded guilty to the police, or contributed to the disclosure of a given crime, or otherwise made amends for the damage inflicted by his crime.

2. A person having committed a crime, except for a grave or especially grave crime against a person, may be exempt by from criminal liability, if he actively contributed to the prevention, disclosure, or investigation of crimes committed by an organised group or a criminal association (criminal organisation), disclosure of other co-participants in crimes committed by a given organised group or a criminal association (criminal organisation).

3. Provided that conditions exist stipulated by the first and second parts of this Article, a person having committed a crime of a different category may be exempt from criminal liability only in cases specially stipulated by the relevant Articles of the Special Part of the present Code.

Date: 2014-12-21; view: 1011