Evasion from administrative supervision - Commentary...

Evasion from Administrative Supervision

(introduced by Federal Law No. 66-FZ of 06.04.2011)

Non-arrival without good cause of a person in respect of whom administrative supervision is established upon release from places of deprivation of liberty, to the place of residence or stay he has chosen, or to stay in the correctional institution specified by the administration, as well as the unauthorized abandonment of the place of residence or stay, committed in order to evade administrative supervision, -

shall be punished by compulsory labor for a period of 180 to 240 hours, or by correctional labor for up to two years, or by imprisonment for up to one year.

1. The object of the offense provided for in the article is social relations that ensure proper post-penitentiary behavior of persons released from places of deprivation of liberty and having an outstanding and unexpunged conviction.

The Institute of Administrative Supervision, as a kind of legal instrument providing for the prevention of the commission of crimes and other offenses on the part of persons released from places of deprivation of liberty and having an unprecedented and unexpunged previous conviction, as well as rendering individual preventive effects on these persons, was restored in the United States legal system Federal Law No. 64-FZ of 06.04.2011 "On administrative supervision of persons released from places of deprivation of liberty". Within the meaning of this Law, the objectives of administrative supervision are achieved by establishing a number of administrative restrictions released from places of deprivation of liberty: 1) prohibition of staying in certain places; 2) prohibiting visits to places of mass and other events and participation in specified events; 3) the prohibition of staying outside his home at the place of residence or stay at a certain time; 4) prohibition of departure for the limits of the territory established by the court; 5) mandatory turnout from one to four times a month to the internal affairs body at the place of residence or stay for registration.

Types of administrative restrictions are established by judicial decision, but their specification can be carried out by the internal affairs body at the place of residence or stay of the supervised person.

2. The composition of the offense provided for in the article is formulated as formal, taking into account that the mandatory signs of the objective side of this crime is only socially dangerous and illegal act, and namely non-arrival without justifiable reasons to the convicted person's chosen place of residence or stay in the period established by the administration of the correctional institution or the unauthorized abandonment of that person's place of residence or stay.

Violation by a person in respect of whom administrative supervision is imposed, entrusted to him in connection with this restriction, provided for by Part 1 of Art. 4 of Federal Law No. 64-FZ of 06.04.2011, is not the basis for the application of the article under review and, if these actions do not contain the composition of another offense, entails the imposition on him of an administrative penalty provided for in Art. 19.24 of the Administrative Code.

3. The presence of a terminated offense under the article in question is established already at the time when the person in respect of which administrative supervision was established was to appear but did not appear to the place of residence or stay he had chosen, or at the time when the supervised person has left the territory of the settlement of his place of residence or stay by his own will.

The moment the end of this crime, which by its nature is continuing, is recognized the detection and (or) detention of a supervised person or his appearance at the place of residence or stay.

4. Respectful reasons, in the presence of which the non-arrival of a person released from places of deprivation of liberty to the place of residence or residence, as well as the leaving of their place of residence or residence, do not constitute a crime, can be recognized, in particular, a serious illness of a person or the need for receiving medical care that threatens life serious illness or death of a close relative or confluence of other difficult family circumstances, interruptions in transport, unreasonable detention due to suspicion of committing Research Institute for a crime or misdemeanor.

It can not serve as grounds for bringing a supervised person to criminal liability also leaving his place of residence or stay with the permission of the internal affairs body in cases provided for by Part 3 of Art. 12 of the Federal Law No. 64-FZ of April 6, 2011.

5. The subjective side of the crime is characterized by the presence of direct intention and purpose of administrative supervision evasion for a specific period or for the entire period of application of this measure or up to repay or remove a criminal record.

Unauthorized, without the permission of the relevant body of internal affairs, leaving the place of residence or stay with the purpose of visiting relatives, passing the entrance examinations to the university, etc. can entail only administrative, but not criminal liability. At the same time, leaving a supervised place of residence to commit a crime in another settlement, although after that he returns to his place of residence, is the basis for criminal liability for the crime envisaged in the article under comment.

6. A crime is a sane person who has reached the age of 18, in respect of whom administrative supervision has been established upon release from prison or after release.

According to Art. 3 of Federal Law No. 64-FZ of 06.04.2011, administrative supervision may be imposed on a person who: 1) is released or released from places of deprivation of liberty; 2) has an outstanding and unexpunged previous conviction for committing a grave or especially serious crime, a crime in case of a relapse of a crime, an intentional crime against a minor; 3) during the period of serving the sentence in places of deprivation of liberty it was recognized as a malicious violator of the established order of serving a sentence or, after being released from places of deprivation of liberty, committed two or more administrative offenses against the management and (or) administrative offenses that infringe on public order and public safety and (or) public health and public morality. At the same time, in respect of persons who have a criminal record for committing a crime against the sexual inviolability and sexual freedom of a minor, as well as for committing a crime in a dangerous or especially dangerous recidivism of crimes, administrative supervision can be established regardless of the circumstances specified in this clause, they may be subject to criminal liability in accordance with the article being commented, even if they have not committed any offenses before.

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