Should a person whose conviction has been removed or canceled be considered the first offender?
In accordance with Part 6 of Art. 86 of the Criminal Code of the Russian Federation, the cancellation or removal of a criminal record annuls all legal consequences associated with a criminal record. Therefore, the person will be considered to have committed a crime for the first time (without a criminal record).
Is it possible for persons who have committed a crime of little gravity for the first time in the absence of aggravating circumstances, to impose a sentence of imprisonment conditionally?
No, you can not. The rule on the impossibility of imposing imprisonment on subjects defined in the law is absolute and applies to all situations without exception.
How should the rules for imposing punishment for a combination of crimes and sentences (Articles 69 and 70 of the Criminal Code of the Russian Federation) be applied if the punishment imposed on previous sentences in the form of imprisonment does not meet the requirements of Part 1 of Art. 56 of the Criminal Code of the Russian Federation (as amended on December 7, 2011)?
Part 1 of Art. 56 of the Criminal Code of the Russian Federation, in the new edition, the procedure for imposing a punishment in the form of imprisonment for a crime of small gravity, committed for the first time in the absence of aggravating circumstances, has been changed, that is, the new criminal law improves the position of a person and has retroactive effect.
When revising a sentence, a previously imposed conditional imprisonment can be replaced with a real punishment, for example, restraint of liberty, compulsory labor, a fine, that is, when the sanction of the article does not contain other types of punishment that can be imposed conditionally?
Punishment based on Art. 73 of the Criminal Code of the Russian Federation, what was decided to be considered conditional, cannot be replaced with a real, albeit milder, type of punishment.
How should the rules of Part 5 of Art. 62 of the Criminal Code of the Russian Federation on 2/3 of the maximum term or size of the most severe type of punishment when considering a case in a special order and the impossibility of imposing a sentence of imprisonment for crimes of little gravity?
When sentencing a convicted person in a case considered in a special order, it is necessary to apply a set of rules: first, on the imposition of a punishment not related to imprisonment for a crime of small gravity, i.e. on the fulfillment of the requirement of Part 1 of Art. 56 of the Criminal Code of the Russian Federation on the impossibility of imposing imprisonment; secondly, on the account of the rule of Part 5 of Art. 62 of the Criminal Code of the Russian Federation, i.e. on the calculation of 2/3 not from the term of imprisonment, but from the term (size) of the next in severity punishment from among those specified in the sanctions of the article of the Criminal Code of the Russian Federation. Part 5 of Art. 62 of the Criminal Code of the Russian Federation, the upper limit of the term of the most severe punishment for a committed crime (and not the upper limit of the most severe punishment specified in the sanction of the article of the Criminal Code of the Russian Federation) is limited, which is explained in cl. 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 5, 2006 No. 60 “On the application by courts of a special procedure for judicial proceedings in criminal cases” (as amended by the Resolution of the Plenum of June 5, 2012). When imposing punishment in such cases, additional reference to Part 7 of Art. 316 of the Code of Criminal Procedure of the Russian Federation is not required.…