Art. 70 of the Criminal Code. The imposition of punishment on a set of sentences
In case of revealing the fact of a person committing moreone crime is said about the multiplicity of deeds. She points to the increased danger of an attacker for society. In such cases, legislation provides for stricter measures of influence. In particular, the Criminal Code allows sentence on a set of sentences. Let us consider the features of this measure.
The imposition of punishment on a set of sentences takes place if the subject has committedencroachment after the sentence of the previous act and before the completion of the period of punishment for it. The procedure for imposition of sanctions in this case governs the 70 norm of the Criminal Code.
It should be noted that the absorption principle for cset of sentences not applicable.
The essence of the norm
As established in a new version of Art. 70 of the Criminal Code, in the presence of grounds for the sanction appointed in accordance with the last sentence, part of the penalty is added, which has not been exempted by the previous court order.
It must be said that the appointment of final punishment is carried out only by adding (partial or complete).
In the analysis Art. 70 of the Criminal Code with comments lawyers can not help but pay attention to the fact thatexperts emphasize the justification of applying to the person more stringent measures. As mentioned above, with a multiplicity of acts a citizen is considered more dangerous to society, and the sanction previously imposed is ineffective. Otherwise, he would not have committed another assault, without serving his sentence for the previous act.
Judicial practice under art. 70 of the Criminal Code
When imposing a sanction, the court must, first of all,turn, determine the punishment for the encroachment that he committed after the initial conviction. To this sanction, then the previously imposed punishment is added in part or in full. In practice, often enough, there are difficulties in determining the undiscovered part. Explanations on this issue were given by the Plenum of the Armed Forces in the Decree of 1999.
The Court pointed out that, as a non-part of thewithin the limits of the imprisonment imputed to a person, the term remaining after the placement of the citizen in custody for a new deed should be considered. If this measure has not been taken against a person, then in the relevant period there is a time interval that remained at the time of the sentencing for a new deed.
For example, if a citizen was convicted of theft withqualifying signs for part 2 of Article 158 of the Criminal Code for 5 years in prison, and after serving one year, committed murder without aggravating circumstances, the undiscovered part is 4 years. For the second act, the citizen was imputed 10 years. In this case, the court took into account the rule of mandatory strengthening of sanctions for dangerous recidivism. Accordingly, according to set of sentences the subject as a result was sentenced to 14 years in prison.
As explained by the Plenum of the Supreme Council, application art. 70 of the Criminal Code, the period of cumulative punishment should be calculated fromthe date of the issuance of the last resolution in respect of the subject. In its duration, the time of the person's stay in custody until the trial of the last crime is counted.
Final sanction, imputed by the rules Art. 70 of the Criminal Code, there must be more and punishment appointedsubject to a new encroachment, and the undisturbed part of the original. However, if it is less stringent than imprisonment, it should not be greater than the maximum amount / time set for this act by the General Part of the Code.
For example, if you add time to correctionalwork or stay in the disciplinary unit (for military personnel), the general period can not be more than 2 years, and the prohibition to carry out activities or replace positions established by the court - 5 years.
The final sanction in the form of imprisonment for set of sentences should not exceed 30 years.
Their purpose in applying provisions Art. 70 of the Criminal Code is carried out in the same manner as imputation of the main sanctions. Partial or complete attachment of a part and additional punishments is allowed.
In practice, quite specificof the situation. In particular, to the main sanction on the last sentence, the court can add all the time of additional punishment, and not its unserved part. This provision is permissible in cases when the term of additional sanction starts to flow after the termination of the main one.
For example, for the first act the subject received 2year prison with a ban on the conduct of medical activities for 3 years. A year after the beginning of serving the main sanction, they inflicted a new assault. When passing judgment on the second offense, the court imposes a penalty on set of sentences and can attach to the main sanction all 3 years of the prohibition established for a person.
Limits of additional sanctions
When imputing penalties under Rule 70 of the Criminal Codethe total duration of additional species in case of their partial / complete addition should not exceed the maximum size / time set out in the General Part of the Code.
The ban on conducting activities can be imputed for no more than 3 years, the fine should not be more than 1 million rubles. or the amount of income of the guilty person for 5 years.
As stated above, the imposition of sanctions onthe aggregate of sentences is carried out only by adding terms. However, in practice, situations arise where the application of the absorption principle is a forced measure.
Such a situation occurs if, under one of the sentences, a life imprisonment was imposed on the subject or a maximum period established in the Special Part was appointed under the last resolution.
For example, for the second act assignedcorrectional labor for 2 years. At the same time, for the first crime, the citizen had the undistained part of the same work - 6 months. Joining in this case is not possible due to the fact that the maximum duration of this sanction can not be more than 2 years. Accordingly, the final punishment will be correctional labor for 2 years.
Applying Different Rules
Often when imposing sanctions, the court is forced toto apply the procedure for imposing punishments on subjects involved in acts, on a combination of crimes and simultaneously sentences. This situation takes place, for example, when the subject in the process of serving the sentence commits several encroachments or when passing the second sentence it turns out that he is involved in another act committed before the first verdict was passed.
The Plenum of the Armed Forces explained such casesfollowing. If it turns out that a citizen is guilty of other crimes, some of which were committed before, and some - after the decision of the first decision, the sanction for the second sentence is first made against the totality of the acts that took place before the first resolution. After that, in the order established by part 5. 69 of the Criminal Code, the punishment is imposed on the totality of crimes committed by a citizen after the first verdict. The final sanction is determined by the totality of sentences.
Rules 70 of the article are also applied in cases,when a person previously convicted did not serve a sentence in part or in full. In such situations, the undisputed part of the sanction on the past sentence is recognized as:
- In case of conditional conviction, the entire period of punishment, except for the period of detention before trial in court.
- With UDO - part of the period from which the guilty was released early.
- In case of delay in serving by women who have minors or pregnant women, the entire period of punishment, if deferment is applied in sentencing, or part of the period, the serving of which was delayed.
Separately, it should be said about the applicationa set of sentences against persons to whom the unserved part of the sanction was replaced by a milder punishment on the basis of amnesty or pardon. In the case of a new offense committed by a citizen, the final punishment includes a partially or completely replaced part of a milder sanction that the guilty person did not serve.