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

of November 12, 2001 No. 14

About practice of appointment of types of correctional facilities as courts

For the purpose of the correct and uniform application of the legislation on appointment as the convict to imprisonment of type of correctional facility and in connection with the questions which arose in court practice on application of the Federal Law of March 9, 2001. "About modification and amendments in the Criminal Code of the Russian Federation, the Code of penal procedure RSFSR, the Penal Code of the Russian Federation and other legal acts of the Russian Federation", the Plenum of the Supreme Court of the Russian Federation

decides:

1. Draw the attention of courts to need of observance of the requirements of article 58 Criminal Code of the Russian Federation determining procedure for purpose of type of correctional facility in which person condemned to imprisonment shall serve sentence. At the same time it must be kept in mind that the law excludes possibility of purpose of this or that type of corrective labor colony according to the judicial discretion. Only in the cases specified in the Item "and" of part one of article 58 Criminal Code of the Russian Federation, the court can appoint the convict (men and women) for intentional crime of small or average weight if they did not serve custodial sanction earlier, or for the crime committed on imprudence, serving of imprisonment in corrective colony of ordinary regime instead of colony settlement with reduction in sentence of motives of the made decision.

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