The pending Constitution Day Amnesty (December 12) has not yet been adopted. But, taking into account the peculiarities of the legislative process, the last Constitution Day does not mean that there will be no Amnesty, it is simply timed to coincide with the holiday, but it may not coincide with it. The amnesty still exists in the form of bill No. 597435-7 "On the declaration of amnesty in connection with the 25th anniversary of the adoption of the Constitution of the Russian Federation."
The bill is still under consideration. Nevertheless, everyone is discussing it and not without reason hopes. Let's find out, whose hopes are not groundless, which articles fall under the Amnesty, and who should not count on it.
All articles, except those specifically indicated as exceptions (list below), fall under the Amnesty.
An important difference between this Amnesty and the previous one, which took place in 2015, is that the amnesty affects not only crimes of small and medium gravity, as before, but all crimes, if the court has appointed a term of less than five years. Only in certain cases amnesty means release, and in others, a reduction in the term.
It is supposed to release all "first movers" (that is, those convicts who have the first term) falling under the following categories (we will call them further the special contingent):
1) women with minor children;
2) pregnant women;
3) women over 55;
4) men over 60;
5) men with children under the age of 3 years.
6) persons with I, II or III disability group.
The main thing is that they were sentenced to less than five years in prison (even if the article itself provides for a longer term).
It is proposed to exempt these categories from further serving a sentence (imprisonment) and from all types of punishments not related to imprisonment, as well as if they were conditionally sentenced, conditionally released on parole.
And an equally important part of the amnesty is the reduction of terms for those who do not belong to the above categories.
The unserved part of the punishment is reduced:
1) to persons sentenced to imprisonment for committing a crime through negligence - by half;
2) to persons convicted of intentional crimes to imprisonment for up to five years inclusive - by one third;
3) to persons convicted for intentional crimes to imprisonment for a term exceeding five years inclusive - by one quarter.
So, we repeat - the amnesty affects all articles (intentional and negligent) if the term for them is assigned less than five years (even if the article itself provides for a longer term), if the convicted person belongs to the above categories and if his article does not apply to the exception articles listed below … This is with regard to the Amnesty in the form of complete exemption from punishment.
Amnesty in the form of a reduction in terms affects a wider contingent, namely: those convicted of all reckless crimes / articles (except for articles of exceptions), regardless of the term of punishment (reduction by half), convicted of all intentional crimes / articles (except for a pack of exceptions) for a term less than five years (reduction by one third). For these categories, you do not need to fall under the special contingent, i.e. concerns everyone. But those convicted of intentional crimes for a term of more than five years will be reduced only if they fall under the special contingent, and of course if their article does not apply to the exception articles.
And now the most important thing is the exception articles:
Does not apply to amnesty for those convicted of crimes under Articles 105, 111, part two of Article 117, part three of Article 122, Article 126, part three of Article 127, Articles 127.1, 127.2, part two of Article 128, Articles 131, 132, part two of Article 133, 134, 135, parts three and four of Article 150, parts three and four of Article 158, parts three and four of Article 159, parts three and four of Article 159.1,parts three and four of Article 159.2, parts three and four of Article 159.3, part three of Article 159.4, parts three and four of Article 159.5, parts three and four of Article 159.6, parts three and four of Article 160, parts two and three of Article 161, Article 162, parts two and three of Article 163, Article 164, parts three and four of Article 166, Articles 169, 170, 170.1, 171, 171.1, part two of Article 172, Articles 173.1, 173.2, parts two, third and fourth of Article 174, parts three and the fourth article 174.1, part three of article 175, articles 176, 177, part three of article 178, part two of article 179, articles 180, 181, part four of article 183, articles 184, 185, 185.1, 185.2, 185.3, 185.4, 185.5, 185.6, 186, 187, parts two and three of article 189, article 190, part two of article 191, articles 192, 193, 193.1, 194, 195, 196, 197, 198, part two of article 199, articles 199.1, 199.2, 200.1, part second article 200.4, third parts and the fifth 200.5, Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 208, 209, 210, 211, Article 212, the third part of Article 215.2, the fourth and fifth parts of Article 215.3, Article 221, the second and third parts of Article 222, parts one, two and three of Article 223, Articles 226, 226.1, 227, part two of Article 228, Articles 228.1, 228.2, 228.3, 228.4, 229, 229.1, parts two and three of Article 230, part two of Article 231, Article 232, part three of Article 234, parts two and three of Article 240, part three of Article 241, Articles 242.1, Article 242.2, parts two, three, fourth, fifth and sixth of Article 264, Articles 275, 276, 277, 278, 279, 281, the second part of Article 282, 282.1, 282.2, 290, 295, the fourth part of Article 296, Articles 299, 300, the second and third parts of Article 301, the second part of Article 305, the third part of Article 306, the fourth part of Article 309, the second and third parts of Article 313, article 317, part two of article 318, articles 321, 322.1, part two of article i 333, Articles 335, 353, 354, 355, 356, 357, 358, 359, 360 of the Criminal Code of the Russian Federation.
The amnesty also does not apply to those convicted more than twice for intentional crimes, dangerous and especially dangerous recidivists, to those who previously fell under the previous amnesty, to those who committed a crime in places of detention and (attention) to persistent violators of the established order of serving the sentence …
