RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 25, 2024 No. 18

About court practice of cancellation of conditional condemnation or prolongation of probation period

Due to the questions which arose at courts in case of application of the legislation regulating the bases and procedure for cancellation of conditional condemnation or prolongation of probation period of conditional condemnation and for the purpose of ensuring unity of court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations.

1. Appointment as court to person found guilty of crime execution, conditional condemnation based on article 73 of the Criminal Code of the Russian Federation (further - the Criminal Code of the Russian Federation) aims at correction of the imposed primary punishment which is conditionally condemned during probation period without real serving. Taking into account the behavior condemned court during probation period can make the decision on cancellation of conditional condemnation and on removal from the convict of criminal record, or on prolongation of probation period, or on cancellation of conditional condemnation and execution of the penalty imposed by sentence.

2. According to part 1 of article 74 Criminal Code of the Russian Federation for cancellation of conditional condemnation and removal of criminal record before the expiration of probation period conditionally the convict shall not only prove correction by the behavior, but also compensate the harm (material damage and moral harm) done by crime in the amount of, determined by the judgment.

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