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Thursday, March 15, 2018

“”First kick” of brawlers and vicious alimony decided not to be considered criminals”

The state Duma in the first reading supported the proposal of the Supreme court shall not be considered a criminal offence once the beatings and threats of murder, and forgery informal documents and malicious evasion from alimony payment. After the entry into force of the new rules will be retroactive, that is will apply to prisoners already on those articles.

photo: Mikhail Kovalev

Two so-called “decriminalization bill” prepared by the Plenum of the Supreme court, at the end of last year they were supported by President Putin, and this is automatically guaranteed them the support of the state Duma.

The Deputy head of the armed forces Vladimir Davydov explained that the innovations will save many for the first time stumbled and committed crimes of small and average gravity from “the social consequences of conviction” and the investigating authorities “will be able to focus on investigating serious and especially serious crimes”. In the Criminal code there are many acts which, without prejudice to the protection order could be decriminalized, for example, economic or business, recognized Mr. Davydov, hundreds of years articles of the criminal code do not work, and it is unclear whether they play a preventive role. But first, it is proposed to cease to qualify as a crime and to punish administratively only four trains, which once committed are punished for beating or other violent actions causing physical pain (part 1 of article 116 of the criminal code), once the threat of murder (part 1 of article 119 of the criminal code), malicious evasion from payment of the alimony on the maintenance of children or invalid parents (item 157 of the criminal code) and use of falsified document, except official (part 3 of article 327 of the criminal code).

From the statistics cited by the Deputy head of the armed forces, following: about 40% of all prisoners in Russia convicted on these counts.

Another suggestion is to only punish the criminal for theft for the sum over 5000 roubles (now the threshold is 1000 rubles) and re-committed within a year of petty theft.

Speaking on behalf of the Committee on legislation Alexander Remezkov (United Russia) why is it said that decriminalisation should significantly reduce the prison population in Russia, although previously Mr. Davydov said that 95% of prisoners for these crimes sentenced to punishments not connected with imprisonment.

Mr. Remezkov has recognized that the laws caused a heated controversy in society. In the opinion of the Committee on legislation, for example, it is noted that the proposal to remove from the criminal punishment for a single assault deserves further discussion given the level of household and domestic violence, as well as the fact that this article performs a preventive function.

If for repeated beatings or the threat of murder judge’s offer to initiate a criminal case, then the malicious alimony they consider sufficient to punish administratively. The Duma Committee on family, women and children in its opinion opposes this approach: here I believe that for unscrupulous parents and adult children need to leave the prospect of a criminal case, if administrative punishment does not act on them.

“According to the report, 40% of criminals we have is a social type that first threatened his wife with murder when she demands child support, then beats her and then gets the credit according to counterfeit documents”, — said Sergey Ivanov (LDPR). But Mr. Davydov did not agree with him: the theory of preventive role of articles about the beating and murder threats, he called an old and assured that the statistics for 2005-2015, which he has specially studied, this theory denies — killing those who had criminal records for assault or threat of murder.

“Why in the humanization and liberalization is the inconsistency?” — asked Vladimir Bessonov (CPRF). He drew attention to the fact that for alimony and those who whisper fists, punishment softened, and for the conduct of mass public events — tightened.

“The penalties should be, today this imbalance, unfortunately, in the UK have different laws sometimes are accepted and different sanctions,” — declared g-n Davidov. According to him, in principle, should develop a coherent concept of development of criminal legislation. But its not developing.

The bills were adopted by the votes of United Russia and the LDPR. A second reading of them waiting for a major revision.


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