The applicant, a stateless person, had been sentenced to 14 years of imprisonment in a strict regime facility as well as payment of a fine and a so-called limitation of freedom for two years (i.e. an imposition of certain restrictions of movement, such as an order to stay within a specific municipality or not to attend certain places, after release from a correctional facility). The applicant challenged the decision regarding the limitation of freedom as it cannot be imposed under the Russian Criminal Code when the sentenced person is stateless. The Supreme Court agreed with the applicant and ordered that the limitation of freedom is removed from the sentence.
- Art. 53 para. 6 of the Criminal Code of the Russian Federation
The applicant was found guilty of participation in a sustained armed gang and several episodes of violent robbery. In 2011, he was sentenced by Stavropol regional court to 14 years of imprisonment in a strict regime facility in addition to the imposition of a fine and a limitation of freedom for two years. The limitation of freedom contained the prohibition to leave a certain municipal district, to change the place of residence or place of work without notifying a specialized governmental body, to leave the dwelling between 7 pm and 7 am, to attend places of mass gathering such as parks, cafes, night clubs and an order to report to the specialised governmental body four times per month.
By cassation ruling of the judicial board for criminal cases of the Supreme Court of the Russian Federation of 19 October 2011, the sentence was amended and the term of limitation of freedom was reduced to one year.
In the supervisory review appeal (“nadzor”), the applicant requested a review of the judicial decisions. Among other grounds for modifying the sentence, the applicant requested that the imposition of a limitation of freedom is lifted altogether as it is legally unfounded.
The applicant argued that the imposition of an additional punishment in the form of limitation of freedom is unfounded. The court had established in the sentence that the applicant is a stateless person. In accordance with Article 53 of the Criminal Code of the Russian Federation a stateless person cannot be sentenced to limitation of freedom.
n/a (no opposing party at this stage of the proceedings)
The Supreme Court ruled that the additional punishment in the form of limitation of freedom is unfounded and therefore should be lifted because it cannot be imposed on a stateless person.
“In accordance with Art. 53 para. 6 of the Criminal Code of the Russian Federation, limitation of freedom is not imposed on military personnel, foreign citizens, stateless persons and persons who have no place of permanent residence in the territory of the Russian Federation.
The court established in the sentence that [the applicant], who was born in the Zakarpattia region of the Ukrainian SSR, was a stateless person.
In this connection, the imposition on [applicant´s name] of additional punishment in the form of limitation of freedom under Art. 209 para. 2 of the Criminal Code of the Russian Federation, for three offences under Art. 162 para 4(a) of the Criminal Code of the Russian Federation, and on the basis of the totality of the offences, as well as the reference to imposition of restrictions and obligations in accordance with Art. 53 of the Criminal Code of the Russian Federation, is unfounded and should be excluded from the court decision.”
(“В соответствии с ч. 6 ст.53 УК РФ ограничение свободы не назначается военнослужащим, иностранным гражданам, лицам без гражданства, а также лицам, не имеющим места постоянного проживания на территории Российской Федерации.
Судом установлено в приговоре, что [applicant´s name], родившийся в с. [redacted in the published document] Закарпатской области УССР, является лицом без гражданства.
В связи с этим назначение [applicant´s name] дополнительного наказания в виде ограничения свободы по ч.2 ст.209 УК РФ, за три преступления, предусмотренные п. «а» ч.4 ст. 162 УК РФ, и по совокупности преступлений, а также указание об установлении ограничений и возложении обязанности в соответствии со ст.53 УК РФ является необоснованным, подлежит исключению из судебных решений.“)
The sentence is amended to exclude the additional punishment in form of limitation of freedom.