Retroactive effect of criminal law in Russia

Retroactive effect of criminal law in Russia

Article 10 of the Criminal Code of the Russian Federation establishes that a criminal law mitigating punishment or otherwise improving the position of a person who has committed a crime has retroactive effect.

If the lower limit of certain types of punishments that were imposed on a person is excluded, the court must qualify the crime under the new criminal law and, on the basis of general principles for imposing punishment, assign a punishment in a smaller amount ..

We can say that this is a big plus for the defendant, because his term will be reduced. But if it is not deserved. Of course, the courts, after filing an appeal, will consider the case, and possibly change the sentence to a new, milder one. There is also such a possibility.

But also do not forget that the law can be toughened. Give more severe punishment. Then it is important to take into account the moment of the sentence. Only 1 day and the person will receive a real term instead of correctional labor. If the day before that he committed an offense.

Is it cruel? Yes. What did you want ...

The retroactive force of the law is very important and necessary, but you need to understand that there are both positive and negative aspects.