Art. 69 of the Criminal Code. Appointment of punishment for a set of crimes
In the presence of a set of crimes, the guiltythe person bears for each of them the criminal liability provided by law. Since he is convicted at once on several articles of the Criminal Code, the question arises of the rules and procedure for the appointment of punishment by the court. The answer to it lies in Art. 69 of the Criminal Code.
What is meant by the aggregate?
The legislator determines the totality of crimesas the commission of two or more criminal acts for which the person was not held accountable. Exceptions are cases directly provided for by the criminal law of the Criminal Code of the Russian Federation in its Special Part.
In the aggregate of criminal acts, it is necessary to assign punishment for each of them separately (Part 1, Article 69 of the Criminal Code of the Russian Federation). This requirement is based on the principle of individualization of punishment.
Punishment on the basis of: principles of appointment
There are three principles that are used by courts when imposing punishment for cumulative criminal acts. They act in relation to both basic and additional types of sanctions.
The first is the principle of absorption. With its use, a more strict sanction absorbs a less strict sanction, that is, the latter is not actually taken into account and does not affect the total amount or term of punishment.
The second principle is a partial summation of the sanctions imposed by the court. In this case, a less stringent, but not completely, and partly is added to a more severe punishment.
The third principle is expressed in the complete addition of allappointed penalties. However, the deadline should not exceed more than half the maximum possible punishment for the most serious of all crimes.
Note that the current legislation in partthe provisions regulating the appointment of punishment for cumulative crimes, undergone significant changes. Current version of Art. 69 of the Criminal Code points to their dependence on which category of gravity belongs to a particular criminal act.
Part 2 of Article 69 of the Criminal Code
If all cumulative offenses are assessed asacts of small gravity or average, or there was a preparation or attempt on a serious criminal act or an especially grave, final punishment can be made according to any of the three above principles. That is, it can be absorption or addition (partial or complete). Part 2 of Art. 69 of the Criminal Code requires that the final size or time limit be less than or equal to half the maximum possible punishment for the most serious of the crimes committed by the perpetrator.
Absorption is carried out in accordance withhierarchy of types of sanctions, an exhaustive list of which is presented in Art. 44 of the Criminal Code. Of all the possible penalties, the fine is the softest, therefore it is always absorbed.
Part 3 of Art. 69 of the Criminal Code
The third part of the rule establishes the rulesdetermination of the amount and term of punishment applied when at least one of the crimes is qualified as particularly serious or serious. The final term in this case is determined by the principle of addition (partial or complete). It is important that in the final analysis, the punishment should not exceed half the maximum possible period of imprisonment for the most serious crime committed by the perpetrator.
The rule, however, has an exception. In those cases when the maximum possible term of imprisonment for the most serious of crimes is 20 years, you can not award a final sentence for a total of 30 years. This approach will conflict with Art. 56 CC. It deals with the fact that the maximum possible term of imprisonment is not more than twenty five years.
Part 4 of Art. 69 of the Criminal Code: additional sanctions
When a person is found guilty of committingseveral criminal acts, the operative part of the sentence must contain the type and size of the punishment imposed on it (basic and additional). And not only the final term, determined by the totality, is indicated, but also separate for each episode.
According to the requirements of Part 4 of Art. 69 of the Criminal Code of the Russian Federation, the same rules apply to the additional punishment as for the main one. So, it can not exceed the maximum possible size or the period stipulated by the legislation for this type of sanction with partial or complete addition.
Punishment under part 5 of Article 69 of the Criminal Code
Special attention should be paid to the issuethe appointment of punishment in cases where information about the commission of another or several crimes was obtained after the sentencing on the first occasion. At the same time, the time for committing a newly discovered criminal offense in chronology must precede the announcement of a decision by the court. For example, a person was convicted of theft and appointed a certain type of punishment. After some time it turned out that six months before the verdict, the court had another episode of embezzlement of someone else's property.
In accordance with the commentary to art. 69 of the Criminal Code in this situation, at the legislative level, two important circumstances are envisaged. First, despite the fact that there will actually be two verdicts, the punishment (final) is imposed on the totality of criminal acts. Secondly, it is necessary to count off the already served (executed) convict for the first sentence term.
The situation when a convict before his atonementguilt for the first crime is committed by the second, speaks of the insufficient strength of the originally appointed punishment. On the other hand, it is also an affirmation of the fact that the offender who has not embarked on the path of correction presents an increased danger to society. In this regard, the legislator did not envisage the possibility of appointing a final term on the principle of absorption by a more severe punishment of less stringent punishment.
When imposing punishment for the performance of aggregatecrimes the court must always take into account the age of the guilty person at the time of all episodes. In judicial practice, it is often possible to find situations when the first criminal act was committed before the 18th anniversary, and the second after. In this case, the punishment for a crime committed before the coming of age, should be appointed within the boundaries that are established in Art. 88 of the Criminal Code.