Преступники, совершившие действия преступной orientation, which did not entail serious consequences, is always waiting for the State Duma to pass a law on the decriminalization of minor offenses. If their article falls into the adopted amendments, they are released from places of imprisonment after the documents for review are submitted, and they do not receive a conditional sentence.
What is decriminalization
This is the reverse process of criminalization, which includes amending the Criminal Code, which includes a list of actions that become non-criminal.
In other words, criminal liabilitybegins only when committing a more serious crime than the convicted or defendant committed. And the acts of a person for which he was arrested or under investigation are transferred to the category of administrative offenses.
Правительство издает закон о декриминализации crimes of minor severity because more and more young citizens fall into prison because of their ardor. A serving of punishment affects the whole future life of a person, including employment.
A government body such as the State Duma,Bills are accepted only after the third reading, including on decriminalization. So, on July 6, 2016 there was a last change in this direction in the Criminal Code of the Russian Federation.
How is the adoption of the bill
The last time the State Duma published a law ontransfer of part of the crimes to the category of administrative in 2016. When the law on the decriminalization of crimes will be adopted next time, it is not yet known, since it must go through the following stages for entry into force:
- At first, the draft law, prepared for consideration in the first reading, is sent by the State Duma to the President of the Russian Federation and the government no later than three days before its consideration.
- The first reading discusses the general concept.law, its relevance and significance. If it is approved, it is sent to the second reading, and if not, then modifications and corrections are made to it. The choice in one direction or another is made by State Duma voting.
- The articles themselves are prepared for the second reading, they are being edited according to the plan adopted earlier. They are considered by the responsible committee.
- Во втором чтении сначала выслушивается доклад о changes from the representative of the responsible committee. If by voting the project goes further, then it is sent to prepare for the third reading.
- Before making a final decision on the draft law, its internal inconsistencies are eliminated.
- Only after the third reading, if the majority of the members of the State Duma voted for the adoption, the law enters into force.
Thus, the law on the decriminalization of crimes of minor gravity must go through a lengthy procedure for its development and approval.
What articles are included in the bill on decriminalization
The amendments to the law on the decriminalization of minor crimes have entered into force on beatings, death threats, petty embezzlement and alimony evasion.
- Так, нанесение побоев, которые причинили только pain, but not injuries of light or moderate severity, now entails administrative liability in the amount of a fine (30,000 rubles) or arrest for 15 days. Also punishable by compulsory labor for up to 120 hours.
- The threat of murder is now punished with mandatory labor from 60 to 200 hours, arrest of up to one month or a fine of 50,000 rubles.
- Evasion from paying arrears for a minor child also provides for work up to 150 hours, arrest in a correctional institution for up to 15 days, or a fine of up to 20,000 rubles.
- Also, the bill touched the filing knowinglyfalse document, if it does not entail more serious consequences. Now the suspect will not go to jail, but will work 50 hours or pay a fine of 5,000 to 30,000 rubles. For officials, the amount of the fine will be higher - up to 50,000 r.
- Был принят еще один важный закон, связанный с the size of theft. Now the person who committed the theft in the amount of up to 5,000 rubles will not receive the penalty of imprisonment, but will become a party to an administrative offense. Earlier, the amount of petty theft began with 2500 rubles.
So the Duma bills is tryingto take in regards to all areas in which an insignificant criminal act may be committed, without entailing any serious consequences for other citizens or society as a whole. These amendments have made life easier for many of the accused, since criminal punishment will no longer be a stain on their biography.
What does the decriminalization law affect
Most of all is the decriminalization lawcrimes of minor gravity are waiting for already convicted citizens who are in places of deprivation of liberty, since after its adoption they have the right to apply for a kind of amnesty. If, when filing the necessary papers, a prisoner or person under investigation proves that his crime fits the amendment, then the criminal prosecution or execution of punishment is removed from him, and his case is transferred to the justice authorities dealing with administrative violations.
Therefore, the decriminalization law mayto help free themselves from criminal responsibility and prosecution to a fairly large circle of citizens, which is why its approval is closely monitored.
Councils of convicted or under investigation
In the category of theft and infliction of corporalDamage occurred changes that allow part of the detainees in custody to be released with full amnesty for this article. You need to familiarize yourself with the amendments that touched the article on which the person was convicted, and if his case is suitable for decriminalization, submit the necessary package of documents to the court with an application for amnesty in connection with the amendments. Then the prisoner will have a very big chance after the consideration of the case to be free without a stain on the biography for future employers.
