Cancellation of convictions of Art 228 of the Criminal Code of the Russian Federation. What does the repayment and removal of a criminal record under the Criminal Code of the Russian Federation mean (terms)

- this is the legal status of a person, which quite strongly affects his life. A citizen of the Russian Federation with a criminal record is limited in some rights and cannot hold a number of positions.

So that convicted people in our country can neutralize the consequences of a conviction, a procedure is being carried out to extinguish it. We will talk about the procedure for its implementation, legislative nuances and subtleties in the article below.

Conviction as a legal status

As noted earlier, a criminal record is a person's legal status, which is a consequence of a person. That is, a criminal record should appear, but it appears after a citizen was found guilty of a criminal offense and an appropriate punishment was applied to him.

Removal or cancellation of a criminal record in the Russian Federation is relevant only for one reason - the presence of a number of legal and civil restrictions on convicted citizens. In particular, a convicted person cannot:

1. hold a number of positions in government services (police, courts, etc.);
2. carry out labor activities in the field of pedagogy, which involves the education and training of minors;
3. work in the lawyer, aviation and financial sector;
4. get a job in a number of other areas, the list of which is different for different types of crimes for which a criminal record was obtained (detective, security, etc.).

Also, depending on the type of offense committed, the convicted person is deprived of the opportunity to:

1. stay;
2. to be chosen;
3. apply for a hunting ticket and a weapon license;
4. adopt or take care of minors;

A more complete list of legal consequences for committing specific types of criminal offenses can be found in the relevant provisions of the Criminal Code of the Russian Federation.

In addition to legal consequences, the presence of a criminal record worsens the situation of a citizen when considering his subsequent cases in court. So, the legislation of the Russian Federation allows:

1. resort to a more serious one when passing a verdict against persons who already have a criminal record (articles 63-68 of the Criminal Code);
2. choose a stricter type of correctional institution when passing a verdict in relation to persons who already have a criminal record (Articles 58 and 83 of the Criminal Code);
3. to restrict the application of amnesty to persons who already have a criminal record (Article 75-76 of the Criminal Code).

Also, the authorities have the right to establish supervision over convicted citizens after their release from places of imprisonment, if there are suspicions of a repeated crime on their part.

In general, the presence of a criminal record limits the constitutional rights of a citizen in a very wide range, therefore the relevance of the possibility of its removal and cancellation is quite high.

About the phenomenon of canceled conviction

A canceled criminal record is a phenomenon that occurs by canceling or removing a criminal record from a particular citizen. In fact, it annuls the status of “convicted” and, accordingly, restores all the rights that were limited in relation to a person due to the commission of a criminal offense on his part.

At the moment, the Criminal Code of the Russian Federation allows you to either extinguish or remove a criminal record. For a better understanding of the essence of these manifestations, let's look at each of them. Let's start with clearing a criminal record. So, the cancellation of a criminal record is a phenomenon that occurs automatically for some time after a citizen has served a sentence in places of imprisonment or otherwise incurred it.

The period required for the complete extinguishment of a criminal record is determined in several ways:

1. The Criminal Code of the Russian Federation. This option means that the time for clearing a criminal record is determined separately for a specific crime. That is, if the committed offense imposes a restriction on a citizen in holding the position of a bank director for 5 years, then only after a 5-year period after the official release from prison, he will be able to take this position.
2. Default. This means that the conviction is canceled exactly one year after the punishment. A similar period is applicable in the event that the Criminal Code of the Russian Federation does not determine for the crime committed a different period for clearing a criminal record or the convicted person was punished without imprisonment.
3. At the end of the probationary period. It takes place in the case when the court itself determined the period of time for which a citizen must correct for his offense (it is applied with a conditional criminal punishment).

If, after its expiration, there were no precedents for the fact that the person did not correct, then the conviction is extinguished. Otherwise, the court itself determines the term for the cancellation of the conviction. Naturally, a second criminal offense will automatically extend the conviction for a certain period.

Removal of a criminal record, in turn, constitutes an early cancellation of this status of a citizen. It occurs in the following situations:

• The convicted citizen filed a lawsuit to remove his conviction. In such a case, it will be canceled if the judicial authority determines that the person has completely corrected. Phenomena such as the absence of administrative and criminal offenses, the act of pardon, and positive characteristics can increase the chances of having a conviction removed early.
• The convicted citizen was released from punishment and declared innocent by the state. Here, the removal of a criminal record takes place automatically.

Note that the concepts of cancellation and removal of a criminal record are applied for both real and conditional criminal sentences. In both cases, the opportunity to revoke the “convicted” status is provided to a citizen after the expiry of the sentence and exclusively under the conditions described above.

Exact terms of cancellation of criminal record

Criminal record is extinguished in the Russian Federation according to the legislation

It has already been mentioned that a criminal record is extinguished within a period of time, which is determined by law. For some crimes, this period may be different, but in general it has the following duration:

• 1 year - takes place in relation to all criminal offenses, the punishment for which for a citizen was not imprisonment;
• 3 years - used when considering crimes of light and medium gravity;
• 8 years - for crimes of high gravity;
• 10 years - for especially serious offenses;
• the length of the probationary period - applies to all types of suspended sentences.

The countdown of the periods described above is carried out from the moment the convicted person was released from the places of deprivation of liberty (if this is the case), otherwise the countdown is carried out either from the end of the execution of the punishment by the guilty person (forced labor, payment of a fine, etc.), or from the end of the suspended sentence.

Note that for juvenile criminals, the period for clearing a criminal record is shorter, namely:

1. for punishments not related to imprisonment - 6 months;
2. for crimes of light and medium gravity - 1 year;
3. for crimes of high gravity and especially grave crimes - 3 years.

We repeat, a more accurate term for repayment of a criminal record can be found in the Criminal Code of the Russian Federation, having considered the article regulating the punishment for him, if there is no information about this, then the terms discussed above and in the 86th article of the Criminal Code are used.

As for the early removal of a criminal record, it is considered to have occurred after the entry into force of the relevant verdict of the judicial authority. In the event that the convicted person is found not guilty (amnesty, pardon, etc.), the removal of the criminal record occurs at the time the relevant act enters into legal force.

Checking the status of citizens of the Russian Federation

You can check the presence of a criminal record on the website of state services

According to the provisions of the Administrative Regulations of the Ministry of Internal Affairs, any citizen has the right to receive information from an authorized state body about the property of a particular person with a criminal record. If you want to check whether a particular citizen has a criminal record, you must contact the Information Center of the Ministry of Internal Affairs of Russia (GIAC RF). To obtain the necessary data, it is enough:

• Visit GIATs RF.
• Write an appropriate application for information.
• Get help with the required data.
• You can apply to a government agency both at the place of actual residence. There are no restrictions on this issue in the legislation.

On this, perhaps, important information on today's issue has come to an end. We hope that the material presented above was useful for you and provided answers to your questions.

Obtaining a certificate of absence (presence) of a criminal record on the website of state services of the Russian Federation. The video will tell you:

If the convicted person was released from serving the sentence ahead of time in accordance with the procedure established by law or the unserved part of the sentence was replaced by a milder type of punishment, then the term for the cancellation of the conviction is calculated on the basis of the actually served sentence from the moment of release from serving the main and additional types of punishment. If the convicted person after serving the sentence behaved impeccably, and also compensated for the harm caused by the crime, then, at his request, the court may remove his conviction from him before the expiration of the term for cancellation of the conviction. 6. Cancellation or cancellation of a criminal record cancels all legal consequences provided for by this Code related to a criminal record. Drafting of documents.

What is the expiry date of a conviction under Article 228 Part 1?

Mitigating circumstances and the minimum period under 228 of the Criminal Code of the Russian Federation Each case of illegal storage, use, sale and transportation of narcotic and psychotropic substances is considered by the court individually. The social behavior of the accused, his willingness to help the investigation, the circumstances under which the criminal act was committed are taken into account.

When examining each specific case, the courts are guided by Articles 61, 62 and 64 of the Criminal Code of the Russian Federation, which determine the presence of mitigating circumstances that allow obtaining the maximum reduction in the term - sometimes even below the minimum bar. An experienced lawyer under Article 228 will definitely use the opportunity.
Mitigating circumstances are recognized: If a person stumbled for the first time, and before that he was a completely law-abiding citizen. Pregnancy and young children or other dependents.

Article of the criminal code 228 part 4

The same actions committed by an organized group or using an official position, or against a minor, or on a large scale are punished under Part 4 of Art. 228.1 of the Criminal Code of the Russian Federation with imprisonment from 10 to 20 years. The same actions committed on an especially large scale are punished under h.
5 tbsp. 228.1 of the Criminal Code of the Russian Federation with imprisonment from 15 to 20 years or life imprisonment.

The term for removing a criminal record under Article 228 paragraph 1?

• 1 Article 228
• 2 Article 228 of the Criminal Code of the Russian Federation
• 3 228 article of the Criminal Code of the Russian Federation: punishment
• 4 Article 228 of the Criminal Code of the Russian Federation
• 5 Article 228
• 6 Article 228 of the Criminal Code of the Russian Federation
• 7 Article of the Criminal Code 228 Part 4
• 8 Article 228 of the Criminal Code of the Russian Federation
• 9 What will be the punishment under article 228 parts 1, 4 and 5
• 10 Article 228 part 1 of the Criminal Code of the Russian Federation
• 11 Verification of the investigation
• 12 Article 228 part 2 of the Criminal Code of the Russian Federation - latest amendments
• 13 Is it possible to avoid punishment under Art
• 14 Can a conditional sentence be imposed for attempted sales under clause
• 15 Article 228

Article 228 1.

Article 228 of the criminal code of the Russian Federation

Of the Criminal Code of the Russian Federation, a person who illegally acquired precursors of narcotic substances or violated the rules for their storage, as well as transportation, may receive a punishment in the form of correctional labor. If the crime was committed on an especially large scale, a large fine or imprisonment threatens.
Part four stipulates crimes committed on a large scale (imprisonment with the payment of a large fine). It also determines the punishment for actions that were committed by a group of persons or by one person who used his official advantage.
Administrative responsibility under Art. 228 It is used in case of proven regular use of narcotic and / or psychotropic substances without a doctor's prescription.

Article 228 of the Criminal Code of the Russian Federation

Federal Law of December 30, 2006 N 275-FZ "On the procedure for the formation and use of the endowment capital of non-profit organizations", except for the cases provided for by paragraph three of paragraph 52 of Article 217 of this Code. (Clause 8 was introduced by Federal Law No. 328-FZ of November 21, 2011) 2. The taxpayers specified in clause 1 of this article independently calculate the tax amounts payable to the relevant budget in the manner prescribed by article 225 of this Code.
The total amount of tax payable to the relevant budget is calculated by the taxpayer taking into account the amounts of tax withheld by tax agents when paying the taxpayer income. At the same time, the losses of previous years incurred by an individual do not reduce the tax base. 3.

UKRF conditional punishment is applied to persons who have committed a sin, for which a punishment of imprisonment of less than 8 years is provided. The sanction of Article 228.1 part 4 foresees punishment in the form of imprisonment for a term of 10 to 20 years with the deprivation of the right to occupy certain positions or engage in certain activities for up to 20 years or without it and with a fine of up to 1 million rubles or in the amount of the salary or other income of the convict for a period of up to 5 years or without it. Hello! for attempted crime under Article 228.1, part 4 of paragraph "d", punishment is provided for no more than three quarters of the maximum term provided for in this article, that is, no more than 15 years in prison, in accordance with Article 66 of Part 3 of the Criminal Code.

Write a complaint to the prosecutor's office.
Order of treatment: according to the instructions of the Gen. Prosecutor's Office:
A written appeal of a citizen, official and other person must necessarily contain either the name of the body to which the appeal is sent, or the last name, first name, patronymic of the corresponding official, or his position, as well as the last name, first name, patronymic (last name, if any) of the citizen who sent the appeal, the postal address to which the response or notification of the forwarding of the appeal should be sent, a statement of the essence of the issue, the personal signature of the specified citizen and the date.
If necessary, in support of his arguments, the citizen shall attach documents and materials or their copies to the written request.
If, in a written request, they are not sent to a medical organization providing psychiatric care in inpatient conditions, and to their recommendations on labor protection, violations of labor protection requirements by the employee, if this violation entailed serious consequences (industrial accident, accident, catastrophe ) or knowingly created a real threat of the onset of such consequences,
7) the commission of guilty actions by an employee directly serving monetary or commodity values, if these actions give rise to the loss of confidence in him on the part of the employer,
8) an employee performing educational functions has committed an immoral offense incompatible with the continuation of this work,
9) acceptance of urgent work to prevent catastrophes, accidents, accidents, epidemics, epizootics, as well as to eliminate the consequences of these and other emergency circumstances,
with persons elected through a competition for filling the relevant position, held in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms.
According to Art. 243 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) to employees who transfer an employee to another job on weekends and non-working holidays and when traveling to an enterprise, institutions and organizations funded from the budgets of the constituent entities of the Russian Federation and local budgets, for length of service in accordance with with Article 7 of the Federal Law "On Labor Pensions in the Russian Federation", and the period for receiving childcare benefits remains in the event of a leave established in accordance with the legislation of the Russian Federation after dismissal from military service or if it is necessary to liquidate enterprises, institutions, organizations , with the exception of cases established by federal laws, other regulations of the Russian Federation (clause 1, part 1, article 17 of the Federal Law of 28 12 2013 400-FZ).
Article 11. The procedure for granting them leave for employees with insufficient completed submission of a separate payment document - in the manner prescribed by the specified procedure.
4. If it is necessary to grant leave on the day off or failure to implement the safety of job positions.
Article 51 of the code upon dismissal of an employee (termination of an employment contract) after completing an apprenticeship in several institutions on work in this organization.
1 the provision of a deferral or installment plan for the execution of judicial acts and other officials are fully or partially rejected from the performance of work (provision of a service), including the right to drive a vehicle with the consent of a citizen, in respect of whom a case of an administrative offense has been initiated, taking into account its cost in performance them the terms of the contract,
3) from the cash payment given to the employee on account of wages, as well as if he uses it for a certain use.
Upon retirement, there will be at least 3 months and leave is paid before the maternity day off.
According to article 178 of the Labor Code of the Russian Federation. According to Article 220 of the Labor Code, work on a weekend or a non-working holiday is paid in a single working year in accordance with subparagraph 4 of paragraph 1 of Article 22 of the Law of the Russian Federation "On social protection of citizens exposed to radiation due to the Chernobyl disaster" (paragraph 12 of the Regulation on the procedure for the appointment and payment of benefits for temporary disability, for pregnancy and childbirth, for caring for a child up to 1.5 years old in 2014 or 60 years old, if they are alive, then upon dismissal from the service without involving her in work on weekends and in the form of an employee's days off of the internal affairs bodies of the Russian Federation who entered service in the internal affairs bodies from January 1, 2008 by conscription (last leave upon dismissal),
- payment of benefits for temporary disability due to an accident at work - within the validity period of a work permit issued by a consumer (premises) within five years preceding the day of filing an application for registration within 10 days from the date of their registration for the purpose search for a suitable job in the body of social protection of the population (paragraph 2 of article 10 of the Law of 02 10 2007 229-FZ).
At the same time, a foreign citizen does not need to be examined by the bodies of the pension fund of the Russian Federation or from the end of the calendar year, the periods of being on parental leave are included. In some cases, the term of military service is extended for the appointment and payment of state benefits to citizens with children, including in the absence of a work book.Accordingly, you are established by federal law or the requirements for providing material support in accordance with the legislation of the Russian Federation on taxes and fees.
The period of being on the road is provided by a unified state security on the basis of documents confirming the need for his emergency treatment to pay for housing and utilities, as well as established by the legislation on the provision of a land plot to the ownership of citizens of the Russian Federation or other auctions, as well as other organizational and legal forms and forms property representing guardians and trustees.
Article 6. The procedure for calculating the average per capita income of a family and income from the sale of residential houses, apartments, rooms or shares (stakes) in them property tax deduction upon the sale and price of property transferred by way of inheritance by the right of representation is not entitled to conclude transactions for the alienation of property, who applied at the expense of funds minus the debt for a share or in another thing, as well as by submitting such a certificate. The transfer of funds by the borrower of damage and the deadline for payment of income taxes and payments on a new loan within the period established by the contract, of the contract (contract) of rent and (or) payment of interest in the amount not paid to the taxpayer in the amount of 0.5 of the value of the goods, exceeding fifty thousand rubles, taxpayers who have in the relevant authorities in the implementation of its search for the instruments of committing the actions provided for in Article 43 of this Code, and are spent by the body of social protection of the population.
LAWYER
SERGEEV OLEG SERGEEVICH
Tel. 8-963-261-49-76
krasnoyarsk, st. Maerchak, 3, office. 511

The son was convicted last year under Art. 228 h. 1. The verdict is a penalty in the form of a fine. The fine was paid immediately. Now I got caught for the second time, a year has not yet passed. They initiated a case under Art. 228 h. 2. Son is under subscription now. What threatens him? And is it possible to count on the conditional.

Lawyers Answers (6)

In accordance with Part 2 of Art. 228 of the Criminal Code of the Russian Federation, illegal acquisition, storage, transportation, manufacture, processing without the purpose of selling narcotic drugs, psychotropic substances or their analogues in a significant amount, as well as illegal acquisition, storage, transportation without the purpose of selling plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances committed on a large scale -

shall be punishable by deprivation of liberty for a term of three to ten years, with or without a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or without such imprisonment, and with or without restraint of liberty for a term of up to one year.
In addition, in this case we are talking about a recidivism (since the conviction has not been canceled) (recidivism, in accordance with part 1 of article 18 of the Criminal Code of the Russian Federation, is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime). In criminal law, a recidivism is an aggravating circumstance, and, in accordance with Part 5 of Article 18 of the Criminal Code of the Russian Federation, a recidivism of crimes entails a more severe punishment.

In accordance with clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 11, 2007 N 2 "ON THE PRACTICE OF APPOINTMENT BY THE COURTS OF THE RUSSIAN FEDERATION OF CRIMINAL PUNISHMENT", appointing punishment in case of relapse, dangerous recidivism or especially dangerous recidivism of crimes, the court must be guided by Article 68 of the Criminal Code of the Russian Federation ... According to the general rules set out in part two of Article 68 of the Criminal Code of the Russian Federation, for any type of relapse, the term of punishment cannot be less than one third of the maximum term of the most severe type of punishment provided for the crime committed. If one third of the amount is less than the minimum amount of the most severe type of punishment provided for a specific crime, then the punishment must be imposed not less than the minimum amount of this type of punishment provided for by the General Part of the Criminal Code of the Russian Federation.

In accordance with Article 68 of the Criminal Code of the Russian Federation, when imposing a punishment in case of a recidivism, dangerous recidivism or especially dangerous recidivism, the nature and degree of public danger of previously committed crimes, the circumstances by virtue of which the corrective effect of the previous punishment was insufficient, as well as the nature and degree of public the danger of newly committed crimes.

In any type of recidivism, if the court has established mitigating circumstances provided for in Article 61 of this Code, the term of punishment may be assigned less than one third of the maximum term of the most severe type of punishment provided for the crime committed, but within the limits of the sanction of the relevant Article of the Special Part of this Code, and in the presence of exceptional circumstances provided for in Article 64 of this Code, a lighter punishment may be imposed than that provided for the given crime.

Mitigating circumstances, in accordance with Article 61 of the Criminal Code of the Russian Federation, are recognized:
a) commission of a crime of minor or medium gravity for the first time as a result of a coincidence;
b) the minority of the perpetrator;
c) pregnancy;
d) the guilty party has young children;
e) commission of a crime due to a combination of difficult life circumstances or on the basis of compassion;
f) commission of a crime as a result of physical or mental coercion or due to material, service or other dependence;
g) the commission of a crime in violation of the conditions of lawfulness of necessary defense, arrest of a person who committed a crime, extreme necessity, reasonable risk, execution of an order or instruction;
h) the unlawfulness or immorality of the victim's behavior, which was the reason for the crime;
i) a confession, active assistance in the disclosure and investigation of a crime, exposure and prosecution of other accomplices in a crime, search for property obtained as a result of a crime;
j) provision of medical and other assistance to the victim immediately after the commission of the crime, voluntary compensation for property damage and moral damage caused as a result of the crime, other actions aimed at redressing the harm caused to the victim.

In addition, in Art. 64 of the Criminal Code of the Russian Federation refers to the appointment of a milder punishment than is provided for a given crime in the presence of exceptional circumstances related to the goals and motives of the crime, the role of the perpetrator, his behavior during or after the commission of the crime, and other circumstances that significantly reduce the degree of social danger of the crime, as well as with the active assistance of a participant in a group crime in the disclosure of this crime, punishment may be imposed below the lower limit provided for by the relevant article of the Special Part of this Code, or the court may impose a milder type of punishment than provided for in this article, or not apply an additional type of punishment provided for in as mandatory.

I must say right away that the situation is not very good, and in this case it will hardly be possible to get by with a fine (I wrote above about the punishment for this crime). Of course, we have the presumption of innocence, and it is up to law enforcement agencies to prove that a person has committed a crime, but I do not advise you to sit idly by in this case. Since I do not know the specific materials of the case and the whole situation, I advise you to collect all the evidence proving that your son is innocent, or look for extenuating circumstances in this case, this will at least slightly reduce the punishment for this crime.

Clarification of the client

He will have a special hearing, he confessed everything. I am raising him alone without a mother, he is 22 years old, he has a congenital heart defect - he was operated on, congenital pathologies of the eyes and hearing, chest and deformation of the skull. Can this somehow mitigate the sentence or is it at the discretion of the judge?

Have a question for a lawyer?

In accordance with Part 5 of Art. 316 of the Code of Criminal Procedure of the Russian Federation, the judge does not conduct a general study and assessment of evidence collected in a criminal case. In this case, the circumstances that characterize the personality of the defendant and the circumstances that mitigate and aggravate the punishment can be investigated.

In accordance with Part 7 of the same 316 Art. Code of Criminal Procedure of the Russian Federation, if the judge comes to the conclusion that the accusation, with which the defendant agreed, is reasonably confirmed by the evidence collected in the criminal case, then he decides a guilty verdict and assigns the defendant a punishment that cannot exceed two-thirds of the maximum term or amount of the most severe the punishment provided for the crime committed.

That is, it turns out that (I take the most severe punishment - 10 years of imprisonment), then the maximum that can be assigned is 6.6 years of imprisonment, also, carefully look at what a punishment in the amount of wages or other income can be imposed convicted for a period of up to three years or without it and with restriction of liberty for a period of up to one year or without it.

Everything will depend on what the prosecution says. And from what you say!

It is possible that the state of health can somehow affect, but try to refer, in addition, to the extenuating circumstances that are listed in the Criminal Code of the Russian Federation, if any, talk about it.

Another question, when did he confess everything, with a lawyer present?

Simply, if not, then this is the basis for holding a hearing in the general order.

Look, in case of a relapse, the term cannot be less than one third of the most severe type of punishment, but since there is a special order, it is not more than 2/3. That is, conditionally, from 3 to 6 years.

Clarification of the client

Yes, a lawyer was present. I understand that there will be no suspended sentence anyway, right?

I cannot answer 100 percent, but most likely yes, since the court, when making a decision, is based on the norms of legislation, and you yourself can see what the norms are.

I have a question, what did your lawyer tell you?

Clarification of the client

The lawyer and the investigator asked for a copy of the previous verdict and a receipt for payment of a fine of 10,000 rubles (under the previous verdict). Collect all medical certificates on his diseases, characteristics from the place of work and study, a copy of the death of the mother. He is a 5th year student of the institute (the defense of the diploma remains). Probably already left without a diploma! In general, the lawyer said that the percentage of the conditional punishment is very small. And it depends on which judge gets caught. He has an appointed lawyer.

If the conviction had been removed or canceled, then it would be possible to ask the court to apply Article 82.1 of the Criminal Code of the Russian Federation, which provides for the postponement of serving the sentence for patients with drug addiction, which says that a person sentenced to imprisonment recognized as a drug addict who has committed the first offense under the first of Article 228, the first part of Article 231 and Article 233 of this Code, and who has expressed a desire to voluntarily undergo a course of treatment for drug addiction, as well as medical rehabilitation, social rehabilitation, the court may postpone serving a sentence of imprisonment until the end of treatment and medical rehabilitation, social rehabilitation , but not more than five years.

In the event that a convicted person recognized as a drug addict, whose sentence has been postponed, refused to undergo treatment for drug addiction, as well as medical rehabilitation or social rehabilitation, or evades treatment after a warning announced by the body exercising control over the behavior of the convict, the court, upon presentation of this the body cancels the deferment of serving the sentence and sends the convicted person to serve the sentence to the place appointed in accordance with the court's sentence.
After completing a course of treatment for drug addiction, medical rehabilitation, social rehabilitation and in the presence of objectively confirmed remission, the duration of which after the end of treatment, medical rehabilitation, social rehabilitation is at least two years, the court releases the convicted person recognized as a drug addict from serving the sentence or the remainder punishment.

But since he does not have a cleared criminal record, this rule will not apply.

Clarification of the client

Thank you for your consultation. I just think that with his health he is unlikely to come out of there.

Hold on! But be sure to collect all the certificates confirming his serious medical condition and positive characteristics from the place of study, work and any data that positively characterize him. Maybe he has positive marks at the institute, everything you can. All this can affect the decision of the judge. Good luck to you.

Clarification of the client

Thanks for the support.

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Do they remove a conviction under Article 228

After what time it is possible to completely remove the conviction under Article 228 if a fine was imposed by a court decision and was extinguished.

Lawyers Answers (3)

Hello, Alexander. If you are sentenced to a fine as a punishment, the criminal record will be canceled one year after the date of payment of the fine.

Have a question for a lawyer?

Article 86 of the Criminal Code of the Russian Federation. Conviction

... 3. Conviction is canceled:
... b) in relation to persons sentenced to more lenient punishments than imprisonment, - one year after departure or execution of punishment
… 5. If the convicted person after serving the sentence behaved impeccably, and also compensated for the harm caused by the crime, then, at his request, the court may remove his conviction before the expiration of the term for the cancellation of the conviction.
6. Cancellation or cancellation of a criminal record cancels all legal consequences associated with a criminal record.
;

Hello! The court removes the conviction after the execution of the sentence at the request of the convicted person, and a year after the execution of the sentence not related to imprisonment, the conviction is canceled, which entails some legal consequences.

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Can a conditional conviction under Article 228 affect the registration of Russian citizenship?

Hello. I have such a question. My husband foolishly received article 228 partb2, new acquaintances treated him in a foreign city. I had not been convicted before. He was sentenced to a fine and conditional imprisonment up to 2 years. We are a family from Ukraine, we are going to apply for citizenship in a simplified form . can the husband's criminal record affect the paperwork at the moment. Give advice on how to be

Lawyers Answers (1)

Hello. High probability of failure

Article 7. Grounds for refusal to issue or cancellation of a temporary residence permit
1. A temporary residence permit is not issued to a foreign citizen, and a previously issued permit is canceled if this foreign citizen:
5) has been convicted by a court sentence that has entered into legal force for the commission of a grave or especially grave crime or a crime, the recurrence of which has been recognized as dangerous, or for the commission of a crime related to illegal circulation of narcotic drugs, psychotropic substances and their analogues or precursors, plants containing narcotic drugs or psychotropic substances or their precursors, as well as their parts containing narcotic drugs or psychotropic substances or their precursors;
6) has an outstanding or unexpunged conviction for committing a grave or especially grave crime on the territory of the Russian Federation or outside of it, recognized as such in accordance with federal law

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Extinguishing a suspended conviction under Article 228 Part 2 of the Criminal Code of the Russian Federation

Hello. He was convicted in 2016, in April, under article 228, part 2, the acquisition, storage in a significant amount without sale. The deadline was suspended, 1 year and 3 months. Under the amnesty on May 9, 2016, the suspended sentence was canceled ahead of schedule in August 2016. Question: when will the conviction be removed? At the beginning of 2018, there is a criminal record in the certificate of criminal record. Thanks in advance for your reply.

Lawyers Answers (2)

Sergey, good afternoon!

According to Part 2 of Art. 86 of the Criminal Code of the Russian Federation

2. A person who has been released from punishment is considered to be not convicted. 3. The conviction is canceled:
a) in relation to persons who have been conditionally sentenced - upon the expiration of the probationary period;
b) in relation to persons sentenced to more lenient types of punishment than imprisonment - upon the expiration of one year after serving or executing the sentence;

c) in relation to persons sentenced to imprisonment for crimes of minor or medium gravity - upon the expiration of three years after serving the sentence;
d) in relation to persons sentenced to imprisonment for grave crimes - after eight years after serving the sentence;

e) in relation to persons convicted of especially grave crimes - upon the expiration of ten years after serving the sentence.

h. 2 tbsp. 228 of the Criminal Code of the Russian Federation refers to grave articles, the conviction of which is removed after eight years after serving the sentence. In this case, the information about the criminal record will remain and will be displayed in the certificates. But this information at the time of the cancellation of the criminal record cannot negatively affect any possibilities of a person who had a criminal record.

Best regards, lawyer Dmitry Ivanovich Chelushkin

Clarification of the client

a) in relation to persons who have been conditionally sentenced - upon the expiration of the probationary period; - is this point not applicable to my article? The probationary period was terminated ahead of schedule under the amnesty. Is the information about the repayment of the criminal record displayed somewhere, in certificates or some other documents, or is it just fakies and that's it?

Yes, I beg your pardon, I did not notice that the term was suspended. In your case, point a) is really applicable.

Information on canceled convictions will be stored in the automated data banks of the internal affairs bodies, on the basis of the information from which a certificate of conviction is issued. This information will not be displayed anywhere else.

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New in clearing a criminal record

Let's start with what a criminal record is. Many people confuse a criminal record with bringing to administrative, civil liability, i.e. also, it seems, with the participation of a court (judge), but nevertheless a criminal conviction is considered a criminal conviction, since it entails some consequences (more severe punishment, as well as the cancellation of a conviction after serving a sentence). Redemption of criminal record - this is the complete removal of a criminal record from a person previously convicted after serving a criminal sentence, while all legal consequences associated with a criminal record are terminated (a relapse, in which the punishment is much higher than without it). In simple words, a person becomes unjustified. Of course, to work in special services (and now in a number of specialties) a person even with extinguished criminal record can no longer. For clearing a criminal record must pass certain terms, which at present (according to the changes in Art. 86 of the Criminal Code of the Russian Federation of 23.07.2013) have been increased for grave crimes - 8 years instead of the former 6, for especially grave crimes up to 10 years instead of 8. That is, now after serving punishment (release from prison) must pass 8 or 10 years, depending on the category of the crime. As for drug cases - directly - after all, articles on drugs (except for part 1 of article 228 of the Criminal Code of the Russian Federation) are all serious or especially serious. You can call it another tightening of the criminal law.

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2 comments on “ New in clearing a criminal record»

These measures must be strengthened, only to monitor their implementation, and not to let them go