The Criminal Code provides sentencing. Such responsibility arises if a person, having been convicted and serving a sentence, has committed a new act. Features of the application of punishment in such cases are enshrined in Art. 70 of the Criminal Code. In the new edition norms set the limits of sanctions that may be imputed to a citizen.
The content of the article
At sentencing of cumulative sentences the sanction imputed for the last sentence shall add, in whole or in part, the unserved portion of the sentence for the previous sentence.
In the final version, the punishment, if it is milder than imprisonment, may be greater than the deadline / amount established by the General Part of the Code. This requirement is fixed in 2 parts. Art. 70 of the Criminal Code.
The final sentence of imprisonment shall not be more than 30 years. An exception is provided for cases established in 5 part 56 of the article of the Criminal Code.
The final punishment should exceed the sanction established for the crime committed and the unserved portion of the previous sentence.
The addition of additional punishments is carried out in the manner determined by 4 part 69 of the article.
Art. 70 of the Criminal Code with comments
Before imposing sanctions on the aggregate of sentences, it is necessary for the subject to establish which part of the additional or main punishment he has not really served according to a previous court order. The relevant information is provided in the introductory part of the new solution.
When applying the provisions Art. 70 of the Criminal Code the principle of the total or partial addition of the unserved part by the previous decision and the sanction imposed for the new crime is applied.
Conditions
Application Art. 70 Criminal Code allowed if:
- The punishment (primary or secondary) under the previous ruling is not served.
- When committing a new act during the period of probation.
- The deferment of serving the sentence was granted to a man - the sole parent of a child under 14 years old, a woman who is pregnant or who has minor dependents.
Unreserved part
It is considered:
- Part of the actual imprisonment remaining at the time of the detention of the citizen and his placement in custody for a new crime.
- The period for which a person is released conditionally ahead of schedule.
- The whole term imputed under conditional punishment.
- The deferral period assigned in accordance with Article 398 of the Code of Criminal Procedure and 82 of the Criminal Code.
Population limits
AT Art. 70 Criminal Code The maximum period for which a person may be sentenced to imprisonment is indicated. He is 30 years old (4 part 56 of the article).
This means that the subject who has not served the previous sentence of 15 years and was sentenced for a new deed of 20 years in prison cannot be subject to the rule of full enforcement of sanctions. Otherwise, the final term will be more than 30 years.
However, Art. 70 Criminal Code establishes that the final punishment must exceed both the unserved portion and the size of the new sanction.
Important point
The sentencing ends with its public proclamation. Accordingly, the provisions Art. 70 Criminal Code they also apply when a new court order has not entered into force at the time the citizen committed the new assault.
The corresponding explanation is given in the plenary resolution of the Armed Forces No. 2 of 2007.
Correctional work
If a person was sentenced to such a sentence for several sentences, then only the terms of such work can join.The court, having imposed such a sanction with the penalty in percentage on the wage of the convicted person for the latest infringement, partially or fully joins the unserved part of the previous sentence, while maintaining the previous amount of deduction.
Additional sanctions
When adding additional punishments to the court, it is necessary to be guided by the provisions of 4 parts 69 of the article. In this case, one nuance must be taken into account.
If the main punishment has been served, and the additional one has not yet been, but the citizen has committed a new assault, the punishment for the new sentence will be assigned in the aggregate. The partially or completely unserved part of the additional sanction will be added from the initial decision.
Offsets
Dates of serving the final imputed sentence, determined in accordance with 5 part 69 of the article and art. 70 are calculated from the date of the final sentence. In this case, the time spent in custody in this case is counted.
When the sanction imposed, according to the first order, which the court decided to consider conditional, is added to the punishment imposed for a new crime, the period of the subject's detention in custody in the order of detention, restraint, if applicable, is taken into account at the final date.
Additionally
In practice, there are cases when during the trial it is established that the convicted person was involved in other crimes. However, some of them were committed before, and the rest - after the initial sentencing. In such situations, the second decree punishes first by the totality of acts that took place earlier, then the rules of part 5 of article 69 are applied. After that, punishment is imposed on the aggregate of crimes that took place after the adoption of the initial sentence. The court sets the final sanction according to the totality of sentences, that is, according to the rules of article 70.
If the second sentence was imputed to be conditionally convicted of an offense committed prior to the issuance of the initial decision, which also imposed a conditional sanction, the operative part of the new act should include an indication of the independence of serving the established sanctions. This is due to the fact that the trial period provided for in such cases is not considered a punishment. Accordingly, it cannot be absorbed by a longer trial period. It also cannot be partially or completely combined with the new punishment.
Conclusion
As practice shows, the provisions of article 70 may apply to persons who have committed a wide variety of acts. Courts, however, rarely encounter problems in imposing sanctions on a combination of sentences. The legislation clearly defines the rules for imposing sentences. In addition, the authorities take into account the explanations of the aircraft.