FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 23, 2024 No. 64-FZ

About introduction of amendments to the Criminal Code of the Russian Federation and the Code of penal procedure of the Russian Federation

Accepted by the State Duma on March 19, 2024

Approved by the Federation Council on March 20, 2024

Article 1

Bring in the Criminal Code of the Russian Federation (The Russian Federation Code, 1996, No. 25, Art. 2954; 2003, No. 50, Art. 4848; 2011, No. 15, Art. 2039; 2013, No. 30, Art. 4051; No. 52, Art. 6997; 2015, No. 27, Art. 3985) following changes:

Chapter 11 to add 1) with Article 78.1 of the following content:

"Article 78.1. Release from criminal liability in connection with conscription during mobilization or in wartime or the conclusion during mobilization, in the period of warlike situation or in wartime of the contract on passing of military service, and is equal in connection with passing of military service to the specified periods or time

1. Person who committed crime, except for crimes against sexual integrity of minors, stipulated in Item "and" parts three, the part four Item, Article part five 131, the part three Item "and", the part four Item, Article part five 132, parts three - the sixth Article 134 or parts three - the fifth article 135 of this Code, or at least one of the crimes provided by Articles 189, 200.1, 205 - 205.5, 206, 208 - 211, Article 215 part two Item. 4, Articles 217. 1, 220, 221, 226.1, 229.1, 274.1, 275, 275.1, 276 - 280.2, 280.4, 281 - 281.3, 282.1 - 282.3, 283 - 283.2, 284, Article 322 part two. 1, Articles 355, 359 - 361 of this Code, called up for military service during mobilization or in wartime in the Armed Forces of the Russian Federation or concluded in the mobilization period, in the period of warlike situation or in wartime the contract on passing of military service in the Armed Forces of the Russian Federation, and person who committed crime during passing of military service in the Armed Forces of the Russian Federation during mobilization in the period of warlike situation or in wartime concerning which preliminary inquiry is suspended according to Item 3.1 of part one of Article 208 of the Code of penal procedure of the Russian Federation is equal, it is exempted from criminal liability:

a) from the date of the rewarding with the state award received during passing of military service;

b) from the date of dismissal from military service on the basis provided by the subitem "a", "v" or "o" of Item 1 of article 51 of the Federal Law of March 28, 1998 No. 53-FZ "About conscription and military service".

2. Control of behavior of persons specified in part one of this Article is performed by command of military unit (organization).";

To add 2) with Article 80.2 of the following content:

"Article 80.2. Release from punishment in connection with passing of military service during mobilization, in the period of warlike situation or in wartime

1. Person serving sentence for crime execution except crimes concerning which exception is provided by part one of Article 78.1 of this Code, called up for military service during mobilization or in wartime in the Armed Forces of the Russian Federation or concluded in the mobilization period, in the period of warlike situation or in wartime the contract on passing of military service in the Armed Forces of the Russian Federation, is exempted from punishment conditionally. Control of behavior of such person is exercised by command of military unit (organization).

2. Person exempted from punishment is conditional according to part one of this Article, is exempted from punishment:

a) from the date of the rewarding with the state award received during passing of military service;

b) from the date of dismissal from military service on the basis provided by the subitem "a", "v" or "o" of Item 1 of article 51 of the Federal Law of March 28, 1998 No. 53-FZ "About conscription and military service".

3. If during passing of military service person exempted from punishment is conditional according to part one of this Article, committed new crime, the court imposes to it penalty by rules, stipulated in Article the 70th of this Code.";

Article 86 to add 3) with part tretyey.1 the following content:

"3.1. Concerning person having criminal record except criminal record for making of crimes concerning which exception is provided by part one of Article 78.1 of the this Code who is called up for military service during mobilization or in wartime in the Armed Forces of the Russian Federation or concluded in the mobilization period in the period of warlike situation or in wartime the contract on passing of military service in the Armed Forces of the Russian Federation the criminal record is settled:

a) from the date of the rewarding with the state award received during passing of military service;

b) from the date of dismissal from military service on the basis provided by the subitem "a", "v" or "o" of Item 1 of article 51 of the Federal Law of March 28, 1998 No. 53-FZ "About conscription and military service".".

Article 2

Bring in the Code of penal procedure of the Russian Federation (The Russian Federation Code, 2001, No. 52, Art. 4921; 2002, No. 22, Art. 2027; No. 30, Art. 3015; 2003, No. 27, Art. 2706; No. 50, Art. 4847; 2007, No. 24, Art. 2830; 2010, No. 1, Art. 4; 2011, No. 1, Art. 46; No. 50, Art. 7362; 2012, No. 31, Art. 4332; 2015, No. 27, Art. 3981; 2016, No. 27, Art. 4256; 2017, No. 14, Art. 2009; No. 27, Art. 3934; No. 31, Art. 4799; 2023, No. 12, Art. 1894; No. 25, Art. 4409; 2024, No. 8, Art. 1038) following changes:

1) in Article 27:

a) in part two of the word "and 28.1" shall be replaced with words ", 28.1 and 28.2";

b) in part vtoroy.1 shall be replaced with words the words "and 28.1" ", 28.1 and 28.2";

Chapter 4 to add 2) with Article 28.2 of the following content:

"Article 28.2. The termination of criminal prosecution in connection with conscription during mobilization or in wartime or the conclusion during mobilization, in the period of warlike situation or in wartime of the contract on passing of military service, and is equal in connection with passing of military service to the specified periods or time

1. The investigator with the consent of the head of investigating body or the investigator with the consent of the prosecutor stops criminal prosecution concerning person, the suspect or the person accused of crime execution concerning which preliminary inquiry was suspended according to the petition of command of military unit (organization), in case of receipt of information from authorized bodies on the cases provided by part one of article 78.1 of the Criminal Code of the Russian Federation.

2. Before the termination of criminal prosecution the investigator or the investigator explains to person specified in parts one of this Article, the basis of its termination, the right to object to the termination of criminal prosecution and receives consent to the termination of criminal prosecution or objection against such decision. Concerning person which is during the termination of criminal prosecution in the place of passing of military service, the explanation of procedure for the termination of criminal prosecution and receipt of consent to the termination of criminal prosecution or objection against such decision are performed by persons specified in Item 3 parts one of article 40 of this Code.

3. The termination of criminal prosecution on the bases specified in part one of this Article is not allowed if person concerning whom criminal prosecution stops objects to it. In this case criminal proceeding continues regularly.

4. The order of interaction of command of military units (organizations) and investigating bodies (bodies of inquiry) concerning the termination of criminal prosecution in connection with passing by the suspect or the person accused of military service in the Armed Forces of the Russian Federation during mobilization, in the period of warlike situation or in wartime is determined by joint solutions of the federal executive body performing functions on development and realization of state policy, normative legal regulation in the field of defense, the Investigative Committee of the Russian Federation, the Prosecutor General's Office of the Russian Federation, federal executive bodies into which power implementation of preliminary inquiry is included.";

Article 110 part one after the word "need" to add 3) with the words "or in case, stipulated in Item 3.1 parts one of article 208 of this Code, in case of satisfaction of the petition specified in part nine of article 208 of this Code";

Article 119 to add 4) with part pervoy.1 the following content:

"1.1. Command of military unit (organization) has rights to declare the petition for suspension of preliminary inquiry based on Item 3.1 of part one of article 208 of this Code.";

5) in Article 208:

a) add part one with Item 3.1 of the following content:

"3. 1) appeal of the suspect or person accused on military service during mobilization or in wartime in the Armed Forces of the Russian Federation or the conclusion them during mobilization, in the period of warlike situation or in wartime of the contract on passing of military service in the Armed Forces of the Russian Federation, and also passing of military service by them in the Armed Forces of the Russian Federation during mobilization, in the period of warlike situation or in wartime;";

b) in word part four "Items 3 and 4" shall be replaced with words "Items 3 - 4";

c) add with part nine of the following content:

"9. On the basis, stipulated in Item 3.1 parts one of this Article, pretrial investigation stops based on the petition of command of military unit (organization). The order of interaction of command of military units (organizations) and investigating bodies (bodies of inquiry) concerning suspension of preliminary inquiry in connection with appeal of the suspect or person accused on military service in the Armed Forces of the Russian Federation during mobilization or in wartime or the conclusion them during mobilization, in the period of warlike situation or in wartime of the contract on passing of military service in the Armed Forces of the Russian Federation, passing of military service by them in the Armed Forces of the Russian Federation during mobilization, in the period of warlike situation or in wartime is determined by joint solutions of the federal executive body performing functions on development and realization of state policy, normative legal regulation in the field of defense, the Investigative Committee of the Russian Federation, the Prosecutor General's Office of the Russian Federation, federal executive bodies into which power implementation of preliminary inquiry is included.";

"Items 3 and 4" shall be replaced with words 6) in part one of Article 209 of the word "Items 3 - 4", to add with words ", and in case, stipulated in Item 3.1 parts one of article 208 of this Code, - command of military unit (organization)";

To replace 7) in part one of article 212 of figure "28.1" with figures "28.2";

8) article 213 part four in paragraph one after the word to "defendant" to add with words ", and also to command of military unit (organization) in case of the termination of criminal prosecution on the bases, stipulated in Article 28.2 of this Code", "Article 28" shall be replaced with words words "Articles 28 and 28.2".

Article 3

1. The suspect, the person accused, person serving the sentence, the face having the outstanding or not removed criminal record which are called up for military service during mobilization or in wartime in the Armed Forces of the Russian Federation or concluded in the mobilization period in the period of warlike situation or in wartime the contract on passing of military service in the Armed Forces of the Russian Federation about day of entry into force of this Federal Law are exempted from criminal liability and punishment, and the criminal record concerning them is settled according to the procedure and on the bases which are established by the Code of penal procedure of the Russian Federation (in edition of this Federal Law) and the Criminal Code of the Russian Federation (in edition of this Federal Law).

2. The questions connected with indemnification, and on the bases which are established by the Code of penal procedure of the Russian Federation (in edition of this Federal Law) and the Criminal Code of the Russian Federation (in edition of this Federal Law) are permitted by the caused illegal actions, persons exempted from criminal liability and punishment according to the procedure according to the procedure of civil legal proceedings.

3. Persons concerning whom criminal prosecution in the territories of the Donetsk People's Republic, the Luhansk People's Republic, the Zaporizhia region and the Kherson region till September 30, 2022 was performed are exempted from criminal liability and punishment, and the criminal record concerning them is settled according to the procedure and on the bases which are established by the Code of penal procedure of the Russian Federation (in edition of this Federal Law) and the Criminal Code of the Russian Federation (in edition of this Federal Law).

Article 4

This Federal Law becomes effective from the date of its official publication.

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