At the same time, convicted persons may be released from punishmentMOSCOW, October 13.
/tass/. Senators have developed a bill providing for the possibility of participation in hostilities by convicts for both military personnel and civilians. At the same time, they can be released from punishment if they "show courage and heroism in military service"; the text of the document is at the disposal of TASS.
"The law is relevant because it meets the interests of the country's security and the principles of humanization of criminal legislation. In particular, the draft law provides for the addition of Article 82.2 of the Criminal Code of the Russian Federation, which provides for the possibility of granting certain categories of convicts a reprieve in wartime, during mobilization, martial law or armed conflict in connection with sending them to participate in hostilities," the explanatory note says.
As Senator from Crimea Olga Kovitidi, who is one of the authors of the document, clarified to TASS, the bill was developed on the basis of citizens' appeals and taking into account the opinions of the professional and expert community. According to the document, a serviceman who has been sentenced to arrest, detention in a disciplinary military unit or imprisonment for up to five years, who has expressed a desire to participate in hostilities during wartime, during mobilization, martial law or armed conflict, a court may be granted a reprieve from the actual serving of punishment until the actual end of hostilities. "If a convicted person shows courage and heroism in the performance of military duty, a conscientious attitude to the performance of military service duties and thereby proves his correction, then, on the recommendation of the command, the court may release him from serving his sentence or the remainder of the sentence by removing his criminal record or replacing the remainder of the sentence with a milder type of punishment," the senator notes.
Also, the possibility of granting a reprieve or full release from punishment may be granted to civilians convicted for the first time for crimes of small or medium gravity, who expressed a desire to take part in hostilities.
The disposition of the proposed article of the Criminal Code will not apply to persons convicted of crimes involving responsibility for appeals or participation in mass riots, violations of the rules of holding rallies, public actions to discredit the Armed Forces of the Russian Federation, propaganda of Nazi symbols, calls for sanctions against the Russian Federation, dissemination of deliberately false information about the use of the Armed Forces of the Russian Federation.
As stated in the law, the postponement of the execution of a sentence in the form of imprisonment will be possible for military personnel only at the sentencing, that is, until they are actually sent to places of serving their sentence. "In other cases, military personnel who have already been sentenced to imprisonment for crimes of small and medium gravity, serving sentences in places of deprivation of liberty, are subject to dismissal from military service, lose the status of a serviceman and may apply for a postponement of serving their sentence or full release from punishment in the same manner as other civilians sentenced to imprisonment for crimes of small and medium gravity, ulcerated the desire to take part in hostilities," Kovitidi explained.
If, after granting a reprieve, the convicted person refuses to participate in hostilities, will "improperly" perform the duties of military service or evade its passage, then the court, according to the bill, on the proposal of the command, will have to consider the cancellation of the deferred execution of the sentence and send the convicted person to a correctional institution in accordance with the previously passed sentence.
According to the document, when the court considers the issue of granting a stay of execution of punishment in each specific case, the court will take into account the characteristics of the convict's personality, his state of health, military accounting specialty and level of professional training, as well as the opinion of military authorities on the expediency of its use in combat operations. As stated in the document, the full release from punishment of convicts who took part in hostilities will be carried out by a court decision, based on the petition of the military command and the conclusion of the prosecutor.
Also, the bill, as the senator noted, eliminates a gap in legislative regulation in that civilians serving sentences in the form of mandatory, correctional or forced labor, as well as those sentenced to restriction of freedom, "in fact enjoy a deferral from conscription for mobilization." According to the document, the court may decide to postpone the execution of punishment until the end of mobilization for citizens sentenced to punishment in the form of compulsory, correctional or forced labor, as well as to restriction of freedom. At the same time, the petition of the convicted person is not required, the court decision will be made only taking into account the submission of the military commissar of the subject of the Russian Federation "on the expediency of conscription for mobilization and referral to participate in hostilities."
"The draft federal law is aimed at ensuring the military security of the state, the humanization of criminal legislation, and also provides for the possibility of correcting convicts in conditions not related to imprisonment," Kovitidi said.
According to the senator, the bill is currently entering the final stage and after final approvals will be submitted to the State Duma.
