FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 7, 2011 No. 420-FZ

About introduction of amendments to the Criminal Code of the Russian Federation and separate legal acts of the Russian Federation

List of amending documents

Accepted by the State Duma on November 17, 2011

Approved by the Federation Council on November 29, 2011

Article 1

Bring in the Criminal Code of the Russian Federation (The Russian Federation Code, 1996, N 25, Art. 2954; 1998, N 22, Art. 2332; N 26, of Art. 3012; 1999, N 7, Art. 871, 873; N 11, of Art. 1255; N 12, of Art. 1407; N 28, of Art. 3489 - 3491; 2001, N 11, Art. 1002; N 13, of Art. 1140; N 26, of Art. 2587; N 33, of Art. 3424; N 47, of the Art. 4404, 4405; N 53, of Art. 5028; 2002, N 10, Art. 966; N 19, of the Art. 1793, 1795; N 26, of Art. 2518; N 30, of the Art. 3020, 3029; N 44, of Art. 4298; 2003, N 11, Art. 954; N 15, of Art. 1304; N 27, of the Art. 2708, 2712; N 50, of the Art. 4848, 4855; 2004, N 30, Art. 3091, 3092; 2005, N 1, Art. 1, 13; N 30, of Art. 3104; N 52, of Art. 5574; 2006, N 2, Art. 176; N 31, of Art. 3452; N 50, of Art. 5279; 2007, N 1, Art. 46; N 16, of the Art. 1822, 1826; N 21, of Art. 2456; N 31, of the Art. 4000, 4008, 4011; N 45, of Art. 5429; N 49, of Art. 6079; N 50, of the Art. 6246, 6248; 2008, N 7, Art. 551; N 15, of Art. 1444; N 20, of Art. 2251; N 30, of Art. 3601; N 48, of Art. 5513; N 52, of the Art. 6227, 6235; 2009, N 1, Art. 29; N 7, of Art. 788; N 18, of Art. 2146; N 23, of Art. 2761; N 26, of Art. 3139; N 30, of Art. 3735; N 31, of the Art. 3921, 3922; N 44, of Art. 5170; N 45, of the Art. 5263, 5265; N 51, of Art. 6161; N 52, of Art. 6453; 2010, N 1, Art. 4; N 8, of Art. 780; N 14, of Art. 1553; N 15, of Art. 1756; N 19, of Art. 2289; N 21, of the Art. 2525, 2530; N 25, of Art. 3071; N 27, of Art. 3431; N 30, of Art. 3986; N 31, of the Art. 4164, 4166, 4193; N 41, of the Art. 5192, 5199; N 49, of Art. 6412; N 50, of Art. 6610; N 52, of the Art. 6997, 7003; 2011, N 1, Art. 10, 54; N 11, of Art. 1495; N 19, of Art. 2714; N 29, of Art. 4291; N 30, of the Art. 4598, 4605) following changes:

1) in Article 15:

a) in word part two of "two years" shall be replaced with words "three years";

b) in part three of the word "two years" shall be replaced with words "three years";

c) add with part six of the following content:

"6. Taking into account the actual circumstances of crime and degree of its public danger the court has the right in the presence of the circumstances commuting penalty and in the absence of the circumstances aggravating punishment to change category of crime on less heavy, but no more than to one category of crime provided that for crime execution, specified in part three of this Article, to the convict the penalty which is not exceeding three years of imprisonment or other milder pinishment is imposed; for crime execution, specified in part four of this Article, to the convict the penalty which is not exceeding five years of imprisonment or other milder pinishment is imposed; for crime execution, specified in part five of this Article, to the convict the penalty which is not exceeding seven years of imprisonment is imposed.";

Article 44 to add 2) with the Item "z.1" of the following content:

"h. 1) forced labor;";

3) article 45 part one after the words "restriction on military service" to add with the words "forced labor";

4) in Article 46:

a) in part three of the word "up to three years" shall be replaced with words "up to five years";

b) the fifth to state part in the following edition:

"5. In case of malicious evasion from payment of the fine which is ordered to pay as primary punishment it is replaced with other punishment, except for imprisonments. The specified provision does not extend to convicts to mulctary punishment for the crimes provided by Articles 204, of 290, of 291, 291.1 of this Code.";

5) part the fourth articles 47 after words of "military unit" to add with words to "forced labor";

6) in Article 49:

a) in part two of the word "to two hundred forty" shall be replaced with words "to four hundred eighty";

b) third to state part in the following edition:

"3. In case of malicious evasion of the convict from serving of obligatory works they are replaced with forced labor or imprisonment. At the same time time during which the convict left obligatory works is considered in case of determination of term of forced labor or imprisonments at the rate of one day of forced labor or one day of imprisonment in eight hours of obligatory works.";

7) in Article 50:

a) state part one in the following edition:

"1. Corrective works are appointed to the convict having principle place of employment, and equally not having it. The convict having principle place of employment leaves corrective works on principle place of employment. Condemned, not having principle place of employment, leaves corrective works in the places determined by local government bodies in coordination with criminal and executive inspections, but near the residence of the convict.";

b) the fourth to state part in the following edition:

"4. In case of malicious evasion of the convict from serving of corrective works the court can replace unexpired punishment with forced labor or imprisonment at the rate of one day of forced labor or one day of imprisonment in three days of corrective works.";

8) in Article 53:

a) the second after words "punishments to" add part with words "to forced labor or";

b) the fifth after the words "part of punishment" to add part with words "forced labor or", after the words "from calculation" to add with the words "one day of forced labor in two days of restriction of freedom or";

To add 9) with Article 53.1 of the following content:

"Article 53.1. Forced labor

1. Forced labor is applied as alternative to imprisonment in the cases provided by the relevant articles of the Special part of this Code for crime execution of small or average weight or for making of serious crime for the first time.

2. If, having imposed custodial sanction, the court comes to conclusion about possibility of correction of the convict without real serving sentence in places of detention, he decides to replace condemned custodial sanction by forced labor. In case of appointment of custodial sanction as court for the term of more than five years forced labor is not applied.

3. Forced labor consists in involvement of the convict to work in the places determined by organizations and bodies of criminal executive system.

4. Forced labor is appointed for a period of two months up to five years.

5. From the salary of the convict to forced labor the deduction in the income of the state transfered to account the relevant territorial authority of criminal executive system, in the amount of, established by the court verdict, and ranging from five to twenty percent are made.

6. In case of evasion of the convict from serving of forced labor they are replaced with imprisonment at the rate of one day of imprisonment in one day of forced labor.

7. Forced labor is not appointed to the minors, persons recognized as disabled people of the first or second group, to the expectant mothers, women having children under three years, to the women who reached fifty-five-year age, to the men who reached sixty-year age and also the military personnel.";

Part one of Article 56 to add 10) with the offer of the following content: "Custodial sanction can be imposed to the convict who committed for the first time crime of small weight only in the presence of aggravating circumstances, stipulated in Article 63 of this Code, except for the crimes provided by Article part one 228, part one of Article 231 and Article 233 of this Code, or only if imprisonment is provided by the relevant article of the Special part of this Code as the single type of punishment.";

Shall be replaced with words 11) in the Item "and" of part one of Article 61 of the word of "small weight" "small or average weight";

Article 62 to add 12) with part five of the following content:

"5. The term or the amount of the penalty imposed to person concerning whom criminal case is considered according to the procedure, provided by Chapter 40 of the Code of penal procedure of the Russian Federation, cannot exceed two thirds of the maximum term or the size of the most severe looking of the punishment prescribed for the committed crime.";

Part the second Article 69 to state 13) in the following edition:

"2. If all crimes committed on set are crimes of small or average weight, or preparation for heavy or especially serious crime, or is imposed by attempt at heavy or especially serious crime, final punishment by absorption of less stiff punishment by more strict or by partial or complete addition of the imposed penalties. At the same time final punishment cannot exceed more than half the maximum term or the amount of the punishment prescribed for the heaviest of the committed crimes.";

The Item "and" of part one of Article 71 to state 14) in the following edition:

"a) one day of forced labor, arrest or content in disciplinary military unit;";

15) in Article 72:

a) part one after words "restrictions of freedom," to add with words of "forced labor";

b) the second to add part with the offer of the following content: "At the same time taking into account provision of part one of Article of 71 of this Code two hundred forty hours of obligatory works correspond to one month of imprisonment or forced labor, two months of restriction of freedom, three months of corrective works or restrictions on military service.";

c) part third after the words "imprisonments" to add with words of "forced labor";

Article 73 to add 16) with part tretyey.1 the following content:

"3.1. In case of assignment of punishment in the form of content in disciplinary military unit conditionally probation period is established within remaining period of military service on the date of declaration of sentence.";

To add 17) with Article 76.1 of the following content:

"Article 76.1. Release from criminal liability on cases on crimes in the field of economic activity

1. Person who for the first time committed the crime provided by Articles 198 - 199.1 of this Code, is exempted from criminal liability if the damage caused to budget system of the Russian Federation as a result of crime is compensated in full.

2. Person who for the first time committed the crime provided by Article part one 171, Article 171 part one. 1, Article part one 172, Article part two 176, Article 177, parts one and second Article 180, parts three and fourth Article 184, Article part one 185, Article 185. 1, Article 185 part one. 2, Article 185. 3, Article 185 part one. 4, Article 193, Article part one 194, Articles 195 - 197 and 199.2 of this Code, are exempted from criminal liability if indemnified the loss caused to the citizen, the organization or the state as a result of crime execution and transferred into the federal budget cash compensation in the amount of the fivefold amount of the caused damage or transferred income gained as a result of the crime execution, and cash compensation in the amount of fivefold income amount received as a result of crime execution into the federal budget.";

18) article 79 part one after the words "content in disciplinary military unit" to add with words ", forced labor";

19) article 80 part one after the words "content in disciplinary military unit" to add with words ", forced labor";

To add 20) with Article 82.1 of the following content:

"Article 82.1. Delay of serving sentence by the patient with drug addiction

1. To the convict to the imprisonment recognized by the patient with drug addiction, which committed for the first time the crime provided by Article part one 228, part one of Article 231 and Article 233 of this Code, and showed willingness voluntarily to receive medical treatment for drug addiction, and also medico-social resettlement, the court can delay serving sentence in the form of imprisonment before the end of treatment and medico-social resettlement, but no more than for five years.

2. If the convict recognized as the patient with drug addiction serving sentence to which it is delayed refused passing of course of treatment from drug addiction, and also medico-social resettlement or evades from treatment after the prevention announced by the body exercising control of behavior of the convict, the court on representation of this body cancels delay of serving sentence and sends the convict for serving sentence to the place appointed according to the court verdict.

3. After passing of course of treatment from drug addiction and medico-social resettlement and in the presence of objectively confirmed remission which duration after the end of treatment and medico-social resettlement constitutes at least two years the court exempts the convict recognized as the patient with drug addiction from serving sentence or the rest of punishment.

4. In case of establishment of the fact of making by court by the convict recognized as the patient with drug addiction serving sentence to which it is delayed of the crime which is not specified in parts one of this Article, court on representation of the body exercising control of behavior of the convict cancels serving sentence delay, imposes penalty by the rules provided by part five of article 69 of this Code and sends the convict for serving sentence to the place appointed according to the court verdict.

5. If during serving sentence delay the convict recognized as the patient with drug addiction committed new crime, the court cancels serving sentence delay, imposes to it penalty by rules, stipulated in Article the 70th of this Code, and sends the convict to the place appointed according to the court verdict.";

21) in the Item "and" of part one of Article 104.1 of the word "movement through customs border of the Russian Federation, responsibility for which is stipulated in Clause the 188th of this Code", shall be replaced with words "movements through customs border of the Customs union within EurAsEC or through Frontier of the Russian Federation with state members of the Customs union within EurAsEC, responsibility for which is stipulated in Clause 226.1 of this Code";

Paragraph two of Article 106 to state 22) in the following edition:

"it is punished by restriction of freedom for a period of two up to four years, or forced labor for a period of up to five years, or imprisonment for the same term.";

23) in Article 107:

a) to state paragraph two of part one in the following edition:

"it is punished by corrective works for a period of up to two years, or restriction of freedom for a period of up to three years, or forced labor for a period of up to three years, or imprisonment for the same term.";

b) to state paragraph two of part two in the following edition:

"it is punished by forced labor for a period of up to five years or imprisonment for the same term.";

24) in Article 108:

a) to state paragraph two of part one in the following edition:

"it is punished by corrective works for a period of up to two years, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or imprisonment for the same term.";

b) to state paragraph two of part two in the following edition:

"it is punished by restriction of freedom for a period of up to three years, or forced labor for a period of up to three years, or imprisonment for the same term.";

25) in Article 109:

a) to state paragraph two of part one in the following edition:

"it is punished by corrective works for a period of up to two years, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or imprisonment for the same term.";

b) to add part two paragraph two after the words "it is punished by restriction of freedom for a period of up to three years" with words ", or forced labor for a period of up to three years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that,";

c) to add part three paragraph two after the words "up to four years" with words ", or forced labor for a period of up to four years,";

Paragraph two of Article 110 to state 26) in the following edition:

"it is punished by restriction of freedom for a period of up to three years, or forced labor for a period of up to five years, or imprisonment for the same term.";

27) article 112 part one paragraph two after the words "it is punished by restriction of freedom for a period of up to three years" to add with the words "or forced labor for a period of up to three years";

Paragraph two of Article 113 to state 28) in the following edition:

"it is punished by corrective works for a period of up to two years, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or imprisonment for the same term.";

29) in Article 114:

a) to state paragraph two of part one in the following edition:

"it is punished by corrective works for a period of up to one year, or restriction of freedom for a period of up to one year, or forced labor for a period of up to one year, or imprisonment for the same term.";

b) to state paragraph two of part two in the following edition:

"it is punished by corrective works for a period of up to two years, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or imprisonment for the same term.";

30) in Article 115:

a) in the paragraph the second shall be replaced with words parts one of the word "from hundred eighty to two hundred forty" "to four hundred eighty";

b) the fourth to state the paragraph to part two in the following edition:

"it is punished by obligatory works for a period of up to three hundred sixty hours, or corrective works for a period of up to one year, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or arrest for a period of up to six months, or imprisonment for a period of up to two years.";

31) in Article 116:

a) in the paragraph the second shall be replaced with words parts one of the word "from hundred twenty to hundred eighty" "to three hundred sixty";

b) the fourth to state the paragraph to part two in the following edition:

"are punished by obligatory works for a period of up to three hundred sixty hours, or corrective works for a period of up to one year, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or arrest for a period of up to six months, or imprisonment for a period of up to two years.";

Paragraph two of part one of Article 117 to state 32) in the following edition:

"it is punished by restriction of freedom for a period of up to three years, or forced labor for a period of up to three years, or imprisonment for the same term.";

33) in Article 118:

a) in the paragraph the second shall be replaced with words parts one of the word "from hundred eighty to two hundred forty" "to four hundred eighty";

b) to add part two paragraph two after the words "up to four years" with words ", or forced labor for a period of up to one year with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that,";

34) in Article 119:

a) to state paragraph two of part one in the following edition:

"it is punished by obligatory works for a period of up to four hundred eighty hours, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or arrest for a period of up to six months, or imprisonment for a period of up to two years.";

b) to state paragraph two of part two in the following edition:

"it is punished by forced labor for a period of up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that or imprisonment for a period of up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.";

35) in Article 121:

a) in the paragraph the second shall be replaced with words parts one of the word "from hundred eighty to two hundred forty" "to four hundred eighty";

b) to add part two paragraph two after the words "for the period up to two years" with words ", or forced labor for a period of up to five years,";

36) in Article 122:

a) part one paragraph two after the words "up to three years" to add with the words "or forced labor for a period of up to one year";

b) to state paragraph two of part four in the following edition:

"it is punished by forced labor for a period of up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that or imprisonment for a period of up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years.";

37) in Article 123:

a) in the paragraph the second shall be replaced with words parts one of the word "from hundred to two hundred forty" "to four hundred eighty";

b) to state paragraph two of part three in the following edition:

"it is punished by forced labor for a period of up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that or imprisonment for a period of up to five years with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to three years or without that.";

38) in Article 124:

a) in the paragraph the second shall be replaced with words parts one of the word "from hundred twenty to hundred eighty" "to three hundred sixty";

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