Criminal Punishment in Russia: Types, Sentences, and the Death Penalty Moratorium

The system of criminal punishment in Russia is established by the Criminal Code (UK RF, Articles 44–59) and detailed by the Criminal-Executive Code (Ugolovno-Ispolnitelny Kodeks, UIK RF). The Russian punishment system reflects a graduated hierarchy of sanctions, from fines and compulsory community service to life imprisonment and the death penalty (subject to moratorium). The system aims to achieve the purposes of criminal punishment: restoration of social justice, correction of the convicted person, and prevention of new crimes.

Imprisonment (Lisheniye Svobody)

Imprisonment for a fixed term (lisheniye svobody na opredelenny srok) is the most significant custodial punishment in Russian criminal law. Governed by Article 56 of the Criminal Code, imprisonment involves the isolation of the convicted person from society by placement in a correctional institution. The term of imprisonment ranges from two months to 20 years for a single offence, and up to 35 years for cumulative sentences (partial or full addition of sentences for multiple offences or multiple convictions). The type of correctional institution — colony-settlement (koloniya-poseleniye), general regime correctional colony, strict regime correctional colony, or special regime correctional colony — is determined by the category of the crime, the gender and age of the convicted person, and the presence of recidivism. The 2022–2023 amendments introduced the possibility of serving part of the sentence in a pre-trial detention centre (SIZO) for certain categories of offenders. The Criminal-Executive Code regulates the conditions of imprisonment, including the regime, labour, education, and medical care in correctional institutions. The Russian prison system has been the subject of significant criticism from international human rights bodies for conditions of detention, including overcrowding, inadequate medical care, and the prevalence of tuberculosis and other diseases.

Suspended Sentence (Uslovnoye Osu zhdeniye)

A suspended sentence (uslovnoye osuzhdeniye), governed by Article 73 of the Criminal Code, allows the court to impose a sentence of imprisonment or compulsory labour without actually executing it, subject to the convicted person’s compliance with conditions during a probation period. The suspended sentence is available when the court concludes that the correction of the convicted person is possible without actual service of the sentence. The court must impose a probation period (ispytatelny srok) of six months to five years, during which the convicted person must demonstrate good behaviour and comply with any additional obligations imposed by the court (such as not changing residence without notification, attending treatment for addiction, or obtaining employment). If the convicted person violates the conditions of the suspended sentence, the court may extend the probation period or revoke the suspended sentence and order the execution of the original sentence. The suspended sentence is a widely used alternative to imprisonment, reflecting the courts’ preference for non-custodial measures in appropriate cases.

Compulsory Labour (Prinuditelnyye Raboty)

Compulsory labour (prinuditelnyye raboty), introduced by Federal Law No. 420-FZ of 7 December 2011 and governed by Article 53.1 of the Criminal Code, is an alternative to imprisonment for crimes of minor or moderate gravity. The convicted person is required to perform paid work at locations determined by the penitentiary authorities, with deductions from wages going to the state. The term of compulsory labour ranges from two months to five years. Compulsory labour may not be imposed on minors, disabled persons of the first or second group, pregnant women, women with children under three years, and persons over 55 (women) or 60 (men). The convicted person serves the sentence in a correctional centre (ispravitelny tsentr), where they are subject to supervision but not isolation from society. Compulsory labour was introduced as a measure to reduce the prison population and provide a more effective alternative to short terms of imprisonment.

Fines (Shtraf)

A fine (shtraf), governed by Article 46 of the Criminal Code, is a monetary penalty imposed as the principal or supplementary punishment. The fine is calculated in a fixed amount (from 5,000 rubles to 5 million rubles) or as the convicted person’s income for a period of two weeks to five years. The court determines the amount of the fine based on the gravity of the crime and the property situation of the convicted person and their family. The fine may be imposed as the principal punishment for crimes of minor or moderate gravity and as a supplementary punishment for certain grave and especially grave crimes. The payment of the fine may be deferred or paid in instalments for up to five years. If the fine is not paid voluntarily, the court may replace the fine with another punishment within the limits of the relevant sanction, except imprisonment.

Confiscation of Property (Konfiskatsiya Imushchestva)

Confiscation of property (konfiskatsiya imushchestva), governed by Article 104.1–104.3 of the Criminal Code, is not a criminal punishment but a measure of criminal law character (inaya mera ugolovno-pravovogo kharaktera). Confiscation involves the compulsory and gratuitous seizure and conversion to state ownership of property obtained as a result of the commission of a crime, as well as money, valuables, and other property used for the financing of terrorism or organised crime. The 2006 amendments re-established confiscation as a criminal law measure after its abolition in 2003. The distinction between punishment and other measures has procedural implications: confiscation does not count as a previous conviction for the purposes of recidivism, it is not subject to the rules on cumulation of sentences, and it is not subject to the statute of limitations for execution of punishment.

Restriction of Liberty (Ogranicheniye Svobody)

Restriction of liberty (ogranicheniye svobody), governed by Article 53 of the Criminal Code, involves the imposition of restrictions on the convicted person without isolation from society. The convicted person may be prohibited from leaving the place of residence at certain times, from visiting certain places, from leaving the territory of the municipality without permission, and from changing residence or place of work without the permission of the supervisory authority. The convicted person is also required to register with the criminal executive inspectorate up to four times per month. Restriction of liberty is imposed as the principal punishment for crimes of minor gravity and as an additional punishment for crimes of moderate and greater gravity. The term ranges from two months to four years as the principal punishment and from six months to two years as an additional punishment.

Life Imprisonment (Pozhiznennoye Lisheniye Svobody)

Life imprisonment (pozhiznennoye lisheniye svobody), governed by Article 57 of the Criminal Code, is the most severe criminal punishment actually applied in Russia. It is established for especially grave crimes against life, for crimes against public health and public morality, for terrorism-related offences, and for certain other especially grave crimes. Life imprisonment may not be imposed on women, on persons who committed crimes under the age of 18, on men who have attained 65 years of age at the time of sentencing, or (since the 2009 Constitutional Court ruling) for crimes not involving the death penalty. After serving at least 25 years of the sentence, the convicted person may be eligible for conditional early release, subject to the absence of serious disciplinary violations and recognition by the court that the person no longer requires further imprisonment.

The Death Penalty Moratorium

The death penalty (smertnaya kazn) remains listed in Article 44 of the Criminal Code as a type of punishment but is subject to a de facto and de jure moratorium. The Constitutional Court, in Ruling No. 3-P of 2 February 1999, declared that the death penalty could not be imposed until jury trials were available throughout the Russian Federation. After jury trials were extended to the Chechen Republic in 2010, the Constitutional Court confirmed in Resolution No. 1344-O-O of 19 November 2009 that the moratorium had become permanent. The Court held that a legal regime had developed in which the death penalty could not be considered permissible: the Russian Federation’s international treaty obligations (Protocol No. 6 to the ECHR), the constitutional right to life interpreted in conjunction with the prohibition on cruel punishment, and the established legal practice created a situation in which the death penalty could not be reinstated by simple legislative amendment. The 2022 withdrawal from the Council of Europe and the ECHR has raised questions about the continued validity of the moratorium, but the Constitutional Court’s interpretation of the Constitution as prohibiting the death penalty under the current legal regime would require a constitutional amendment to overcome. Life imprisonment has effectively replaced capital punishment as the maximum penalty for the most serious crimes.

Significance

The Russian system of criminal punishment provides a comprehensive and graduated set of sanctions designed to achieve the purposes of punishment while respecting human rights. The system has been progressively reformed since the adoption of the Criminal Code in 1996, with the introduction of alternatives to imprisonment (compulsory labour, restriction of liberty), the expansion of non-custodial measures, and the development of the humanisation of criminal punishment. The death penalty moratorium represents a significant human rights achievement, though its continued viability after withdrawal from the Council of Europe remains uncertain. The conditions of imprisonment and the effectiveness of rehabilitation programmes continue to be areas of concern. The ongoing reform of the criminal punishment system aims to reduce the prison population, improve conditions of detention, and strengthen alternatives to custody.