The state Duma has corrected the most “popular” article of the Criminal code


On Tuesday the state Duma adopted in the second reading the draft law on decriminalization of minor crimes. Of the five compositions, which the Supreme court had proposed to transfer from criminal acts to the administrative, in the last draft there were only three. But the editors and their deputies was significantly altered.

Did not help the initiative even support a President who has repeatedly spoken in defense of the bill. It was after the speech of Vladimir Putin in December 2015, the project was set in motion in the state Duma. But the second reading of the initiative came in a new form.

The grille for the poor

The bill the Supreme court planned to transfer from criminal offences to administrative five formulations of the Criminal code: assault, threat to murder, failure to pay child support, petty theft (up to 5 thousand rubles) and forgery (article 116, 119, 157, 159 and 327 UK). Criminal liability for these violations, according to the authors of the draft, should step in only for them to re-commit.

The need to change the law, the authors explained in the explanatory note that the number of misdemeanors is growing every year and by 2014 the number of convictions in such cases have reached 46% of the total. Decriminalization of all five compositions, according to the calculations of developers, would reduce the number of prisoners in 120-140 thousand people a year.

Every year the courts convicted in the theft of 200 thousand people, follows from official statistics of the Judicial Department at the Supreme court, is the most common crime. But almost a third of those convicted under this article, 60 thousand people in 2014, committed petty theft, followed from the explanatory notes (amount in it was not specified).

The authors of the project proposed to establish criminal liability for theft with 5 thousand RUB, not 1 thousand, as now. And those who committed theft on a smaller amount, only to attract to administrative responsibility. Criminal penalties, according to the authors, should be appointed, if petty theft (up to 5 thousand rubles) will be done repeatedly.

In the end the deputies of the state Duma have agreed that for repeated petty theft, which amount is not subject to the criminal code, it is necessary to introduce criminal liability. But he felt that to increase the amount of petty theft can only be up to 2.5 thousand rubles, not to 5 thousand rubles, as insisted by the Supreme court.

Since 2008, when I installed the strap in the 1 thousand rubles, prices increased several times, the lawyer Vladimir Zherebenkov. “This increase amounts to 2.5 thousand doesn’t even cover inflation,” says the lawyer. On such amounts, as a rule, the poor commit theft. You need to feed them, and not to plant”.

The beatings with the specification

The state Duma agreed to decriminalize the article “a beating” (bringing it into the Administrative code), but only if the crime was committed for the first time, not in relation to close relatives and not from hooligan promptings.

Now the criminal code defines assault as the Commission of acts of violence which cause physical pain, but not entailed harm to health. Aggravating circumstances the law considers the crimes of hooliganism, or for reasons of political, ethnic or religious hatred.

In the original text of the bill the concept of “close relatives” were not introduced. The new amendments covered not only all of the blood and step relatives, but those who lead a common household with the defendant.

According to Zherebenkov, innovation like this will not work, as the notion of “beating” falls to the situation regarding a fight in the family, among the brothers-in-law.

“I am against the decriminalization of this composition, — says lawyer Yuri Elmaset. — And now the police often refuse to bring cases of beatings, but people do go to court, where in a private prosecution case is initiated”.

In 2015, the beatings were condemned by 19.6 thousand people, of which only 357 people were sentenced to imprisonment, it follows from the statistics of the Judicial Department. In 2014, for the beatings received a record 24 million people.

To put the threat

The deputies agreed on the need to make changes in the article “evasion from payment of the alimony”. Instead of a sign of “malicious evasion” is now available to be judged by this article only those who have already been brought to administrative responsibility for failure to pay child support.

Two other part — the threat of murder and forgery, will remain in the Criminal code without changes. “We collected data and realized that the article “threat by murder” performs a protective function and should remain in the criminal code,” — said the Chairman of profile Committee of the state Duma under the legislation Pavel Krasheninnikov.

Earlier against the decriminalization of “death threats” were made by the government. The Agency insisted that it might result in the growth of real murders. In the same article, annually prosecuted 30 thousand people.

“Those who plan the murder, are unlikely to talk about it openly. Rarely it happens that people long first threatened, and then had to go and kill” — do not agree with this position of Vice-President of the Federal chamber of lawyers Andrey Suchkov.

The latest version of the bill actually waters down the whole initiative of the Supreme court, says a source in the judicial community. According to him, the reason for the sharp editing of the initiative, sun was the dissatisfaction with the project of law enforcement agencies. “Small crimes is convenient to do statistics, to the budgets of correctional departments that monitor the sentences served. The fate of the people, few people care about,” — said the Agency interlocutor. “We are not talking already about the release of hundreds of thousands of people,” says the source .

“These amendments are beneficial to the security forces, where there is a cane system — they better show the detection rate for petty crime, to establish who the sick list faked or someone who is broke than to do real fight against crime” — I agree Foal.

Day in jail

Krasheninnikov also proposed to make the bill amendment, which would allow a new way to calculate the periods of pre-trial detention: one day in the detention center proposed to count double in a penal colony and a half in a penal colony. A day spent under house arrest, was equal to half of the day in the infirmary. These proposals were supported by the relevant Committee, but before the second reading they disappeared from the package. Krasheninnikov said that this happened under pressure from the government. But he is prepared to continue to defend the idea already in the new Duma in the autumn, if re-elected, ” he said.