Abstract
The subject of the study is a criminal law norm establishing criminal liability for evasion from serving a sentence and from the use of compulsory medical measures (Article 314 of the Criminal Code of the Russian Federation), the practice of sentencing for committing a crime regulated by Part 1 of Article 314 of the Criminal Code of the Russian Federation. The purpose of the work is to identify patterns of sentencing for evading the restriction of liberty imposed as an additional punishment, and on their basis to identify problems that arise when sentencing. The article analyzes judicial practice regarding the application of the provisions of Articles 69 and 70 of the Criminal Code of the Russian Federation when imposing punishment for committing a crime under Part 1 of Article 314 of the Criminal Code of the Russian Federation. The possibility of simultaneous execution of restriction of freedom, acting as an additional punishment and a suspended sentence, is being investigated. The research methodology is based on general scientific (logical, systematic, analysis, interpretation, generalization) and private scientific (specifically sociological, formal legal) methods. The scientific novelty of the study lies in an integrated approach to studying ambiguous judicial practice in cases involving evasion from serving a sentence in the form of restriction of liberty imposed as an additional punishment, based on which convicted persons undergo various consequences of criminal punishment for committing identical crimes. The necessity of attaching the unserved term of restriction of liberty (as an additional punishment) to the newly imposed punishment is justified. Recommendations are formulated to supplement the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06/28/2022 No. 20 "On certain issues of judicial practice in criminal cases of crimes against justice" regarding the inexpediency of simultaneous execution of restriction of liberty imposed as an additional punishment and conditional punishment.
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