Is it possible to receive a suspended sentence if a crime is committed while serving a suspended sentence? - Lawyer in Samara and Moscow - representation in court and legal services

Concept and legislative regulation

A suspended sentence is imposed according to the rules established by Art. 73 of the Criminal Code. In fact, this type of liability provides for the use of a special mitigating mechanism for some convicts. The actual punishment is replaced by a number of special restrictions that do not have as much impact on the daily life of the convicted person as their stay in prison.

At the same time, the guilty person must clearly understand what to do next, what to refuse and how to prevent violation of the general rules of behavior of persons who have taken the corrective path. Not every criminal has the right to count on leniency from the court. CS is granted only to those who meet a number of criteria.

Is a suspended sentence a criminal record and what does it mean?

When choosing a punishment for the guilty, the court sometimes comes to the conclusion that there is no need to isolate the person from society and bring him to criminal responsibility. Such a decision is made if the crime committed did not pose a great public danger, and the perpetrator repented of what he had done. Many convicts are concerned about the question: is a suspended sentence a criminal record or not?

What is a suspended conviction?

A criminal record (according to Article 86 of the Criminal Code) is the legal status of a person who has been convicted of a crime. This situation is characterized by certain legal consequences for the perpetrator.

If there was a suspended sentence, this is also considered a criminal record. Despite the term “suspended,” the conviction is real. Conditional (mitigated) punishment here.

Thanks to him, the guilty person evades the main and more severe punishment.

After failure to comply with the conditions imposed by the court, evading the supervision of government agencies or committing a serious crime, the suspended sentence is canceled and the perpetrator is sentenced to imprisonment.

Some scientists consider conditional sentencing as an educational tool that should help the convicted person to reform.

When is a suspended sentence assigned?

According to Article 73 of the Criminal Code of the Russian Federation, the court may impose a suspended sentence if it decides that imprisonment of the offender or correctional labor is inappropriate .

The court takes into account the nature and degree of social danger of the act, the identity of the person who committed the crime. The court also takes into account circumstances that mitigate or aggravate the guilt.

What matters is the presence or absence of a criminal record, the behavior of the defendant, his lifestyle, reviews from his place of work or study. The marital status of the person who committed the unlawful act and the presence of children are taken into account.

Public danger in court is determined by the subsequent behavior of the perpetrator after the crime. The sentence can be commuted after repentance, elimination of the harm caused, attempts to compensate for the damage, or admission of guilt. The court has the right to impose other duties on the convicted person that will contribute to his correction.

The behavior of the perpetrator is monitored by the criminal-executive inspection. If the convicted person is a military serviceman, then the command of the military unit.

What are the consequences of a suspended sentence?

The court may prescribe restrictions and performance of certain duties to the convicted person:

the culprit is obliged to notify specialized authorities about a change in permanent place of residence, work or study;
he cannot visit certain places;
must be treated for sexually transmitted diseases, alcoholism and other addictions and addictions;
possible reduction in military service;
the convicted person is denied the right to vote;
the culprit needs to find a job.

With a suspended conviction, the convict's travel outside the Russian Federation may be prohibited. This order ceases to apply upon withdrawal or expiration of the term.

An exception is possible if the culprit has a seriously ill or already deceased relative in another country. To leave, the convicted person must submit a petition, be sure to indicate the reason and provide documentary evidence of relationship.

During the probationary period, the passport may be confiscated.

Article 29 of the Federal Law “On Police” states that a citizen who has been convicted of a crime cannot become a police officer. Even if the criminal record was expunged a long time ago. Also, the FSB and the prosecutor's office do not accept suspended prisoners. A criminal record should not prevent the offender from finding employment. But in fact, a suspended conviction, even expunged, often complicates the process of finding employment for the convicted person.

As of 2021, almost every organization has security services that check documents and other data of job candidates.

If the suspended sentence has been extinguished, the citizen has the right to indicate in the job application form that he had no criminal record.

But information about his criminal record will remain in the Ministry of Internal Affairs database, so employers often refuse to employ such persons.

Probation

A probationary period during a suspended sentence obliges the convicted person to justify the trust that was placed in him by the court. It is established for a period of six months. The maximum period is 3-5 years. During this time, the perpetrator must prove his correction.

If the convicted person commits a crime of mild severity during the probationary period, the issue of maintaining the suspended sentence will be decided. If an intentional or serious crime is committed, the suspended sentence may be replaced by imprisonment.

Clearance of a criminal record

Many people are concerned about whether a criminal record is removed after a suspended sentence. Article 86 of the Criminal Code regulates the automatic expungement of a criminal record after the expiration of the probationary period. An expunged criminal record excludes further restrictions for the citizen. What does it mean? Legally, the person is considered not to have a criminal record, but information about the punishment will remain in the database.

With a suspended sentence, early expungement of a criminal record is possible. The guilty person must atone for his guilt, prove his correction and fulfill all obligations prescribed by the court. The possibility of early revocation of a conviction is usually considered after half the probation period has expired.

The conditions for early withdrawal are as follows:

impeccable behavior of the culprit;
absence of misconduct, administrative violations, conflicts after sentencing;
positive reference from work or study;
fulfillment of obligations imposed by the court;
compensation for damage;
admission of guilt.

But a suspended sentence can not only be canceled early, but also extended. This happens if:

the offender attempts to evade the duties prescribed by the court;
the culprit commits another offense and is brought to administrative responsibility;
the convicted person refuses to compensate for the damage caused.

The inspector who monitors the convicted person has the right to apply for an extension of the term. But the period can only be extended by one year.

A suspended conviction is used when it is more important to point out to the culprit the illegality of his actions, rather than to send him to prison. Staying in prison often negatively affects a person's character, and a suspended sentence provides the convicted person with a chance to improve and permanently refuse to re-offend.

: What is probation?

Source: https://ugolovnyi-expert.com/uslovnyj-srok-eto-sudimost-ili-net/

Permissible length of probationary period

A citizen who has received a “condition” for the first time immediately faces many questions: where to register, what to do and where to register, and most importantly, how long will all this last.

Important! When assigning a criminal trial, the court simultaneously decides on the length of the probationary period necessary for the social correction of the perpetrator. During the time allocated by the judge, the person must not only improve, but also prepare evidence of positive changes.

The duration of the IP depends on what specific sanctions are specified in the conviction:

punishment providing for imprisonment of less than one year, or more lenient measures - from 6 months to 3 years;
imprisonment for more than 12 months - from 6 months to 5 years.

The counting begins from the moment the verdict comes into force. In practice, there are cases when at the same time a subject receives two or three DCs at once. But this is only possible when several cases against one defendant are simultaneously considered by different authorities.

Methods and conditions of disposal

Regardless of where a person served his sentence - in prison, in a camp or on probation, the stigma of a criminal record has a negative impact in subsequent life, whether it is a restriction of some powers or the aggravation of criminal legal issues during persecution of this nature.

This situation is not desirable for anyone; the legislation has provisions for people to strive for correct behavior, take the path of correction, and give them the opportunity to remove a dark spot from their biography.

Expungement of a criminal record is permitted in the following cases:

the term ended without the criminal record being expunged
reviews of good behavior and exemplary
positive characteristics at work and place of residence
presence of regular marks in the UII
critical attitude towards one's offense and admission of guilt
there are no violations in fulfilling the obligations imposed by a court order

After a criminal record is cleared, the convicted person automatically regains all constitutional rights.

Article 74 of the Criminal Code of the Russian Federation states that probationers can get rid of grave consequences before the end of the probation period appointed by a court order.

It is imperative to compensate for all damage caused by one’s misconduct, its amount is determined by the court order, appropriate behavior and the following conditions must be met:

Half of the sentence has passed
submission from regulatory authorities

The judge will consider all the information provided, supported by documents, cancel the suspended sentence, and the consequence will be an expunged criminal record.

Actions are an incentive measure and are feasible if the judicial panel is fully confident that the measures were taken correctly to achieve the goal of correcting the convicted person.

The confirmation is:

conscientious work
no misconduct
respected public
good behavior at home
compensation for damage
found guilty
testimony, positive characteristics from work, study

Decent behavior did not prevent anyone from being freed early from the shackles of a sentence; lawyers meet halfway when there are positive facts, and no one needs to multiply criminal elements in their area.

Rules for serving the Criminal Code

Serving a suspended sentence is preceded by several stages. The starting point is the proclamation of the verdict and the entry into force of the act. As soon as the period provided for by law for appeal has expired, the document is sent to the UII. This is precisely the government structure whose powers include control over criminals who have escaped social isolation.

Within approximately two weeks, the supervising officer will review the received materials and send a notification to the convicted person. The message must contain information about the need to register for special registration, as well as the date of appearance at the government agency.

Important! If several weeks have already passed since the last meeting and there is still no letter, it is better to visit the inspector yourself to avoid misunderstandings. The delay may be caused by problems with postal correspondence or errors by UII employees. But in any case, it is worth showing responsibility, because this is in the interests of the citizen himself.

After arriving at the scene, the convict will be photographed, fingerprinted, and existing documents, such as a passport, pension card or driver’s license, will be copied. The received data will be combined into a personal file. Then the visitor will be explained in detail how often to come to check in, what actions are prohibited, and what, on the contrary, he has to do.

How a criminal record is expunged by a court decision

The courts regulate the expungement of criminal records by their decision in accordance with Article 400 of the Code of Criminal Procedure of the Russian Federation. The issue is considered at the place of residence of the sentenced person, and he must be present at the trial, otherwise the procedure will not be carried out.

During the trial, there are representatives of the executive inspectorate who monitored the enforcement of the court decision and filed an application to terminate the punishment.

The process involves hearing and considering:

oral explanations of the convicted person on behalf of whom the petition was filed
evidentiary materials attached to the petition
written evidence of correction of the culprit
with the participation of representatives of the prosecutor's office, a hearing of his positive data is conducted
explanatory testimony of other participants
the court accepts a new one
makes a decision

It is within the competence of the judge to make a unilateral decision, which is sent to the Criminal Investigation Department, which carries out control measures over the perpetrator. In the event of a negative court ruling, it may be possible to resume the procedure only after a year.

During the trial, the accused himself proves his impeccability in behavior and compliance with all instructions.

The evidence base includes:

documents confirming that at the time of the probationary period the perpetrator did not have criminal or administrative charges
papers collected from all public organizations with which the convicted person dealt, positively characterizing him
evidence in any form from people around him. These can be relatives, neighbors, employees, their explanations are listened to, taken for granted, recorded and influence the decisions made by the judge
The district police officer also informs how the citizen behaved during the period of probation
The inspector of the correctional institute characterizes his ward in writing
reference data from medical institutions

A positive decision of the judicial body removes the criminal record with the elimination of many restrictions, he can again travel, participate in elections, but the trace of his offense will remain in the archives of the Ministry of Internal Affairs, so meticulous entrepreneurs will find a way to find out about the past of the supposed person.

You shouldn’t renounce prison or poverty; it’s better, of course, not to get into difficult situations, but when you do, know what actions to take to alleviate the consequences. Legal literacy will not hurt anyone.

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Consequences of the court decision

Although criminal justice does not have the same impact on a person's lifestyle as a real conviction, some consequences are still irreversible. Firstly, such persons do not have the right to take part in legislative elections as a candidate. This rule was approved at the level of the Constitution of the Russian Federation in Art. 32. In addition, a ban has been established on the free movement of a convicted person.

Question:

Is it possible to go on vacation abroad if I am serving a suspended sentence?

Answer:

In accordance with paragraph 4 of Art. 15 Federal Law No. 114, citizens of the Russian Federation are limited in their right to travel outside of Russia until they have fully served or executed their sentences. Therefore, leaving the country even for a few days or weeks is not allowed.

Specific restrictions also apply in the field of labor relations. As a general rule, being held accountable in accordance with the norms of the Criminal Code does not prevent employment or the continuation of work duties. Exceptions are provided for certain positions, such as police officer, judge or prosecutor. However, in practice, employers prefer not to hire employees with a criminal record, justifying the refusal on completely different formal reasons.

Therefore, it is difficult to answer the question of whether a person serving a sentence will be fired from work. The management decision depends both on the professional specifics of the tasks performed and on the subjective beliefs of the boss.

How can an employer see my probation?

You cannot process an employee’s personal data without his written consent. And if, when dismissing or refusing to hire, the reason given is a discovered criminal record, the citizen can sue. For violation of the rights of an applicant or employee, administrative fines are levied.

The Criminal Code of the Russian Federation also stipulates punishment for discrimination. What restrictions does a criminal record impose? A criminal record has a negative impact on a person’s future life. Restrictions are often imposed to protect the public from crime and for security reasons.

A crime committed by a person who already has a criminal record is called a recidivism and is a factor that aggravates liability (clause a, part 1, article 63 of the Criminal Code of the Russian Federation). The consequences of having a criminal record are not limited to this.

The law creates obstacles in electoral law and civil relations, and also limits employment opportunities.

Thus, the following persons cannot work with children:

Those who have or have had a criminal record, have been subject to criminal prosecution (with the exception of persons against whom criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal hospitalization in a medical organization providing psychiatric care in inpatient settings) conditions, and slander), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, the foundations of the constitutional order and state security, peace and security of mankind, as well as against public safety.
Those who have an unexpunged or outstanding conviction for other intentional grave and especially grave crimes (Art.

How to find out if an employee has a criminal record?

In addition, police authorities are obliged to: “32) Make an opinion on the possibility of admitting persons to perform work directly related to ensuring transport security; ... 39) provide, upon interdepartmental requests of state authorities, local government bodies providing state or municipal services, information about the person’s outstanding or unexpunged criminal record, if the provision of state or municipal services requires the provision of such information or a document containing such information, in specified state bodies or local government bodies” (Article 12 of the Law “On the Police”). That is, authorities and the administration of transport enterprises can theoretically find out whether an applicant has a criminal record.

Security service when hiring and the statute of limitations for criminal records

Or those suspected of committing crimes. To obtain the information you are interested in, you must go to the specified address, then fill out all the requested fields. Click on “Find”, wait a few minutes - and all the information will be displayed on the screen.

Important

If the person is not wanted, a message like “Search did not return any results” or “Nothing found” will appear. Otherwise, you will be able to see information about the suspect and the crime he committed. Attention, deception Now it is clear how to find out whether a person has a criminal record or not.

Attention

There are a lot of offers on the World Wide Web that promise to quickly provide all the information about a citizen in a few minutes. For example, about your criminal record, residential address, and so on. But first you need to either pay or enter your mobile phone number.

It has already been said that the Internet is full of deception. Such offers are a scam.

Legal blog

Some detective agencies advertise similar data mining services. If the request is not used for investigation, requesters may be fined. Expunged or expunged criminal record: legal significance Rules related to criminal records are set out in Article 86 of the Criminal Code of the Russian Federation.

According to Part 5 of Article 86 of the Criminal Code of the Russian Federation, the convicted person writes a petition to the court for this purpose. Issues with the concept of a criminal record are not fully regulated by law. A criminal record is the legal consequences of punishment for dangerous acts that constitute a restriction of rights.

Criminal record status is, to a certain extent, an additional means of punishment.

Is a suspended sentence a criminal record and what does it mean?

Reasons for refusal, how to prove? If the employer somehow finds out about your criminal record, which has already been cleared or expunged, he does not have the right to refuse to hire you or fire you (again, if this is not working with children or in law enforcement agencies). The difficulty arises from the fact that the wording of dismissal may be completely different.

Proving the real reason for dismissal can be very difficult, so you will need the help of an experienced lawyer. To defend your interests, you have the right to go to court. So, in accordance with Art. 3 of the Labor Code of the Russian Federation, discrimination in the sphere of labor is prohibited. Request an official refusal of employment by the employer or ask for a certificate stating the reasons for dismissal.

It should be attached to the statement of claim.

Checking a person's criminal record

That is, to find a person innocent of committing a criminal offense. Return ○ Restrictions by law: where can people with a criminal record not work? A convicted citizen cannot work:

With children. “Persons who have or who had a criminal record, as well as those who were subject to criminal prosecution” (Article 351.1 of the Labor Code of the Russian Federation).
In the field of transport security (clause 1, part 1, article 10 of the Law “On Transport Security”).
For the position of aviation personnel specialist (clause 3 of Art.

Labor Code of the Russian Federation). Those whose criminal record has not been cleared or expunged, and whose crime was committed intentionally, cannot work in transport, aviation, the army, or the civil service. A person with an outstanding or unexpunged criminal record, who has committed a criminal offense in the economic sphere or a crime against the state cannot become an economist.

Persons who have ever had a criminal record will never be able to become law enforcement officers. The grounds for bringing to responsibility do not play a role. Return ○ Who can obtain information about a criminal record, how does the employer find out? Only law enforcement agencies have access to criminal records.

When an applicant gets a job with them, he is necessarily checked against the GIAC database of the Russian Federation. And not only him, but also his close relatives.

This happens if:

the offender attempts to evade the duties prescribed by the court;
the culprit commits another offense and is brought to administrative responsibility;
the convicted person refuses to compensate for the damage caused.

The inspector who monitors the convicted person has the right to apply for an extension of the term. But the period can only be extended by one year.

A suspended conviction is used when it is more important to point out to the culprit the illegality of his actions, rather than to send him to prison.

Staying in prison often negatively affects a person's character, and a suspended sentence provides the convicted person with a chance to improve and permanently refuse to re-offend.

Cleared and expunged convictions under Part 4 of Article 18 of the Criminal Code of the Russian Federation are not considered a recidivism. Consequently, they do not affect the severity of the punishment for the next criminal act. Article 183 of the Penal Code of the Russian Federation sets out the rules for monitoring released persons.

In addition, there is Law No. 64-FZ “On administrative supervision of persons released from prison.” In order to obtain a more detailed description of the current legislation in this area, please contact lawyers for an online consultation.

Are there ways to check online? You can find out your criminal record on the Internet, online. The media publish information about bandits and criminals. The government services website provides the opportunity to make a request on the WEB site and receive the requested information in the same way.

However, even in this case, a person cannot be fired because of a criminal record, so the employer comes up with various reasons to get rid of an employee who committed a crime, even if it was a very long time ago. An employee whose labor rights have been violated in this way has the right to appeal his dismissal in court.

Return ○ How to get a job if your criminal record has been expunged or expunged? As has already been said, it is definitely not possible to get a job in law enforcement agencies, but as for other places of work, it is possible if the criminal record has been expunged or expunged. ✔ Column about criminal record in the application form.

When applying for a job, the employer almost always gives you a questionnaire to fill out, which includes a question about your criminal record. If the questionnaire directly asks whether you have a criminal record, you can safely answer: no.

It is often here that one can learn about the conscientiousness of a citizen. If certain court decisions are not followed, the person is entered into a special database. It is kept in the public domain. Anyone can search for information by name, surname and patronymic of a citizen.

You need to visit the website fssprus.ru, then enter the requested data about the person there. If enforcement proceedings have been opened against him, then after performing a search you will be able to see information about this. Otherwise, the search will not yield results.

Search engines How to find out if a person has a criminal record? Perhaps the next method is not famous for its particular accuracy. But it's worth considering. Most of the information about a person in the modern world can be found out from the Internet. For example, through search engines.

It is enough to enter some data about the citizen. Personal information will do.

Source: https://advokat-na-donu.ru/kak-rabotodatel-mozhet-uvidet-moj-uslovnyj-srok/

List of additional obligations

The servants of Themis, when sentencing an offender to criminal justice, additionally impose certain obligations on him. The essence of these measures is to apply special restrictions to the defendant, which make it impossible to fully realize constitutional human rights.

The court is obliged to examine information regarding the age, professional skills, and physical condition of the person. But based on the available data, one or more prohibitions may apply regarding:

unauthorized change of address without prior notification to the UII;
changing place of study or work without prior notice to the inspector;
visiting entertainment centers, clubs, bars and other similar public places where alcoholic beverages are sold.

In addition, the decision allows for the establishment of such obligations for convicted persons as registration for official work, entry into an educational institution or continuation of already begun training. The justice body does not specify where exactly a citizen should study or work; only the fact of the arrangement is important.

A special condition is the commitment to undergo a special course of treatment for alcohol or drug addiction. However, the decision on the need for such a compulsory measure must be justified by specialized health workers. To do this, a medical examination is carried out, based on the results of which a conclusion is made on the desired nature of treatment and the duration of the course.

Very often, courts apply a curfew to criminals who have committed not particularly dangerous acts, when a person is prohibited from leaving the house at night, mainly from 10:00 pm to 6:00 am. Another popular restriction is a monthly visit to the local police officer.

Important! The legislator does not provide an exhaustive list of restrictions. In each situation, the court is obliged to examine the circumstances of the case, and then draw conclusions about the need to use leverage in relation to the erring subject.

Moreover, during the trial period, restrictions may be replaced, canceled or added. It all depends on the specific life circumstances and behavior of the citizen. To enact or cancel a specific measure, an additional application to the court is required. In this case, both the person held accountable and the criminal investigation director have the right to appeal.

Possible actions during and after probation

Depending on various circumstances, as well as the actions and behavior of the person at the end of such a period and during it, the following options for further actions are possible:

If, during the period established by the court, the convicted person, as a result of his behavior (work, getting rid of addictions, activities useful to society, etc.) proves correction, if more than half of the period appointed by the court has passed, a decision may be made to vacate the criminal record. Such an action can be carried out at the special request of state bodies and in such a case the person is considered to have served his sentence in full;
If the convicted person has violated any restrictions applied to him, or has not fulfilled the obligations due to him, or may have violated the established rules of public order (for such an action he may be held administratively liable), the consequences for the person may be as follows:

Increasing the assigned period while maintaining existing limitations on obligations. Such a measure may extend the duration by one year at most;
Sending a warning to the person in the form of a letter, which will spell out his violations, as well as possible consequences if he repeats actions that contradict the conditional regime.

In case of certain actions on the part of the person brought to justice, it is possible to prematurely cancel the imposed suspended sentence and apply the type that was determined by the court (for example, imprisonment). Such an action becomes possible in the case when the probationer has committed the following types of offenses:

has systematically violated (twice in one year or more) the fulfillment of restrictions or obligations applied to him,
violated the established public order,
did not show up at the designated place and time,
left his place of permanent residence without warning, went into hiding (absent for a period exceeding one month).

In the event that the conditionally convicted person has committed another crime that is being considered by the Criminal Code of the Russian Federation, this means the following;

The suspended sentence is retained only if the new illegal act was committed through negligence or does not relate to cases of particular gravity;

The suspended conviction will be canceled and the punishment established by the judicial authority will come into force, to which a penalty for a newly committed crime may be added.

Legislators decided not to isolate from society a person who has broken the law with minor offenses, but his image will remain a trace of the judiciary.

Convicts strive to get rid of a stain on their biography, and after how many years the suspended conviction is lifted depends on their behavior.

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Cases of applying conditional punishment for an act committed

The legislator allows the application of suspended criminal punishment only for certain types of offenses provided for in the Criminal Code of the Russian Federation. According to Art. 73 of the Code, the court has the right to order such a trial if the sanction for the committed offense provides for correctional labor, detention in a disciplinary unit or imprisonment for no more than 8 years.

An example of how this happens in practice: Sergeeva O.O. sentenced to 10 months of correctional labor, while setting a year of probation. If Sergeev behaves impeccably for the next 12 months, then the 10-month forced labor will be canceled.

Important! The probationary period may exceed the duration of the main punishment, and vice versa.

IP cannot be assigned to those sentenced to restriction of freedom, fines or compulsory labor. In this case, a fine, if it acts as an additional sanction, or a ban on engaging in a certain professional activity is applied only in conjunction with a suspended sentence.

Criminal justice is predominantly allowed for those who have violated the law for the first time, women and minors, as well as persons who have sincerely repented, subject to a sincere confession and cooperation with the investigation.

Restrictions for probationers

In order to check the behavior of the convicted person, the court assigns him a number of restrictions:

Do not change your place of work or study without permission from the penitentiary authority;
Do not move for permanent residence to another residential premises without the approval of the regulatory authority (travel abroad is also limited with a suspended sentence);
Refuse from nightclubs, casinos and other public institutions determined by the court;
Undergo treatment for alcohol and drug addiction;
Find a job.

This list is not exhaustive; at its discretion, the court may impose other requirements on the convicted person.