Article 73. Release from Punishment Due to an Illness

1. A person who, after the commission of a crime, became mentally ill which deprived him of a possibility to be aware of the actual character and danger to society of his acts (omission of acts) or to guide them, shall be exempt by a court from punishment, and such a person serving a sentence shall be exempt by a court from its further endurance. Upon such persons a court may sentence compulsory measures of a medical character stipulated by the present Code.

2. A person who suffers from another serious illness which impedes the serving of him of punishment, may be exempt by a court from serving punishment, or that punishment may be substituted for a more lenient type of punishment. In this respect, the gravity of a committed crime shall be taken into consideration, as well as personality of a given convict, the character of his illness, and other circumstances.

3. In case of their recovery, persons indicated in the first and second parts of this Article may be subject to criminal liability and punishment, unless the limitation periods expired which are stipulated by Articles 69 and 75 of the present Code.

4. Military servicemen sentenced to detention under arrest or detention in a disciplinary military unit, shall be exempt from punishment or its further endurance in case of an illness which makes them unsuitable for military service. An unserved term of punishment may also be substituted for them by a more lenient type of punishment.

Article 74. Release from Punishment and Postponement of Serving of Punishment Due to Extraordinary Circumstances

1. A person convicted of a crime of a lesser gravity or of medium gravity may be released by a court from punishment if its endurance may entail especially grave consequences for a given convict or his family due a fire or a natural disaster, serious illness, or death of the only family member capable of work, as well as due to other extraordinary circumstances.

2. For a person convicted and sentenced to deprivation of freedom for a grave or especially grave crime, a court may postpone the endurance of punishment for a period of up to three months provided that there are bases indicated in the first part of this Article.

Article 75. Release from Endurance of Punishment Due to the Expiration of the Limitation Period for the Effect of an Incriminating Judgment

1. A person convicted for a crime shall be released from the endurance of punishment if an incriminating judgment was not enforced within the following periods, counting from the day of its entering into legal force:

a) three years in case of conviction for a crime of a lesser gravity;

b) six years in case of conviction for a crime of a medium gravity;

c) ten years in case of conviction for a grave crime;

d) fifteen years in case of conviction for an especially grave crime.

2. The running of the limitation period shall be suspended if a convict evades the endurance of punishment. In this respect, the running of limitation periods shall be resumed from the moment of detention of a given person or his voluntary appearance to plead guilty. Limitation periods which have expired by the moment of evasion from the endurance of punishment by a given convict shall be subject to an offset. In this respect, a judgment of conviction for a crime may not be executed if twenty five years expired from the moment of its rendering, and the running of the limitation period was not interrupted by the commission of a new crime.

3. The running of the limitation period shall be interrupted if, prior to the expiration of periods indicated in the first part of this Article, a person commits a new deliberate crime. In such cases calculation of the limitation period shall start anew from the day of the commission of a new crime.

4. The issue of an application of the limitation period to a person convicted and sentenced to capital punishment or life-time deprivation of freedom shall be decided by a court. If a court does not consider it possible to apply the limitation period, capital punishment shall be substituted for life-time deprivation of freedom, and life-time deprivation of freedom shall be substituted for a period of twenty five years. To persons convicted for the commission of crimes against the peace and safety of humanity, limitation periods shall not apply.

Date: 2014-12-21; view: 870