On Monday profiled the state Duma Committee on legislation presented a new version of the bill on decriminalization of the Criminal code and recommended the adoption of the bill on second reading in a new form.
In the first version of the bill, which developed the Supreme court, it was proposed to decriminalize five criminal charges: beatings, death threats, refusal to pay child support, petty theft and forgery of documents (article 116, 119, 157, 159 and 327 of the criminal code), if these crimes were committed for the first time. The authors of the project proposed first to punish violators through administrative law and only for repeat offences, to initiate criminal proceedings. According to Judicial Department at the Supreme court every year for these offences, the courts can order sentences of 120 thousand people.
In the new edition, the Committee removed from the project two articles — the threat of murder and forgery.
“We collected data and realized that the article “threat by murder” performs a protective function and should remain in the Criminal code”, — explained the position of Pavel Krasheninnikov. Earlier in the explanatory note to the project developers pointed out that every year for the threat of murder is condemned by about 30 thousand people.
Also, the bill calls for new way to calculate the periods of pre-trial detention — one day in detention counts as two in prison and one and a half in a penal colony. For the rest of the corrections period set-off of punishment will remain the same — one to one.
The afternoon is spent under house arrest, the authors of the amendments proposed to count for half of the day in the infirmary. Krasheninnikov explained that such innovation the authors of the amendments agreed to include after the number of known cases, the defendants are actually served time on house arrest. According to him, these changes are associated with “a more equitable approach to our convictions”.
But interior Ministry spokesman, who was present at the Committee meeting, claimed that the new amendments to the bill greatly change the concept of initiative. The representative of the government was not under discussion, but Krashennikov announced that the Agency objected to the speedy adoption of the draft and asked to wait, while it will offer its own amendments. But Krasheninnikov noted that the time for this: the deputies in June, the end of the plenary session.
With the support of the President
The draft law on decriminalization of a number of criminal charges, the Supreme court submitted to the state Duma in July 2015. But six months it remained without motion, so long as the government was preparing his opinion.
Only once in December in defense of the initiative by the President, the office presented its conclusion: the government supported the bill but suggested modifying it. Questions about the feasibility of decriminalizing the possession of the office was caused by the article “threat by murder” and “assault”. After that, the initiative was adopted in the first reading.
“The first version of the bill was quite reasonable and justified,” says the new amendments, the Vice-President of Federal chamber of lawyers Andrey Suchkov. — The chamber has endorsed this bill.”
The lawyer doubts that decriminalization, for example, article threat to kill, would result in the growth of real murders. “Those who plan the murder, are unlikely to talk about it openly. Rarely it happens that people long first threatened, and then killed,” — said Knots.