Criminals who have committed criminal acts without serious consequences are always waiting for the State Duma to adopt a law decriminalizing minor crimes. If their article falls into the adopted amendments, then after submitting documents for review of the case, they are released from places of imprisonment, and they do not receive a conditional term.
What is decriminalization?
This is the reverse process of criminalization, which includes amendments to the Criminal Code, which includes a list of actions that become non-criminal.
In other words, criminal liability begins only with the commission of a more serious crime than the convicted or defendant committed. And the acts of a person for whom he was arrested or is under investigation, pass into the category of administrative offenses.
The government is passing a law decriminalizing low-gravity crimes because more and more young people end up in prison because of their ardor. And serving a sentence affects the whole future life of a person, including employment.
Such a government body as the State Duma adopts bills only after the third reading, including decriminalization. So, on July 6, 2016, the last change in this direction in the Criminal Code of the Russian Federation took place.
How is the bill passed
The last time the State Duma published a law on transferring part of crimes to the category of administrative in 2016. It is not yet known when the law on decriminalization of crimes will be adopted the next time, since it must go through the following steps to enter into force:
- First, the bill, prepared for consideration in the first reading, is sent by the State Duma to the President of the Russian Federation and the government no later than three days before its consideration.
- The first reading discusses the general concept of the law, its relevance and significance. If it is approved, it is sent for a second reading, and if not, then improvements and adjustments are made to it. The choice in one direction or another is carried out by voting of the State Duma.
- The articles themselves are prepared for the second reading, they are being edited according to the plan adopted earlier. They are considered by the responsible committee.
- In the second reading, a report on the amendments made is first heard from the representative of the responsible committee. If the project goes further by voting, then it is sent to prepare for the third reading.
- Prior to the final decision on the bill, its internal inconsistencies are eliminated.
- Only after the third reading, if most members of the State Duma voted for adoption, the law comes into force.
Thus, the law on the decriminalization of crimes of minor gravity must go through a lengthy procedure for its development and approval.
What articles are included in the decriminalization bill?
The amendments to the law on the decriminalization of crimes of minor gravity came into force and related to beatings, threats of murder, petty theft and evasion of alimony.
- Thus, inflicting beatings that caused only pain, but not bodily injuries of mild or moderate severity, now entails administrative liability in the amount of a fine (30,000 rubles) or arrest for 15 days. Also punishable by mandatory labor for up to 120 hours.
- The threat of murder is now punishable by compulsory labor from 60 to 200 hours, arrest up to one month or a fine of 50,000 rubles.
- Evasion of child support debt for a minor child also includes work up to 150 hours, arrest in a correctional institution up to 15 days or a fine up to 20,000 rubles.
- The bill also touched upon the filing of a deliberately false document, if it did not entail more serious consequences. Now the suspect will not go to prison, but will work for 50 hours or pay a fine in the amount of 5,000 to 30,000 rubles. For officials, the amount of the fine will be higher - up to 50,000 p.
- Another important law was adopted related to the size of theft. Now, a person who has committed theft in the amount of up to 5,000 rubles will not receive a sentence of imprisonment, but will become a participant in an administrative offense. Previously, the amount of petty theft began at 2500 rubles.
Thus, the State Duma is trying to adopt bills regarding all areas in which an insignificant criminal act can be committed that does not entail any serious consequences for other citizens or society as a whole. These amendments made life easier for many defendants, since criminal punishment will no longer be a stain on their biography.
What does the decriminalization law affect?
Most of all, the law on decriminalization of crimes of minor gravity awaits already convicted citizens in places of deprivation of liberty, since after its adoption they have the right to submit documents for a kind of amnesty. If, upon submitting the necessary papers, a prisoner or a person under investigation proves that his crime is amended, then criminal prosecution or execution of punishment will be removed from him, and his case will be referred to administrative authorities dealing with administrative offenses.
Thus, the decriminalization law can help a rather large circle of citizens to get free from criminal liability and prosecution, which is why its approval is so closely watched.
Advice to convicts or those under investigation
In the category of theft and bodily harm, changes have occurred that allow some detainees to be released with full amnesty under this article. You need to familiarize yourself with the amendments that affected the article under which the person was convicted, and if his case is subject to decriminalization, submit the necessary package of documents to the court with a petition for amnesty in connection with the amendments. Then the prisoner will have a very big chance after the trial to be free without a spot on the biography for future employers.