Page:Criminal Code of Russian Soviet Federative Socialist Republic, 1961.pdf/13

 confinement in prison.

In the case of persons who have maliciously violated the regulations established at a corrective labor colony, detention in a colony may, by order of the court, be replaced by confinement in prison for a period not to exceed thee years, the remainder of the sentence to be served in a corrective labor colony.

The procedure and conditions for serving a sentence of deprivation of freedom are governed by the Corrective Labor Code RSFSR.

Occupational guidance for persons released from places of confinement is the responsibility of the executive committees of local soviets of workers’ deputies.

Note. The following may be considered especially dangerous recidivists with respect to the sentence of the court.
 * 1) a person previously convicted of an especially dangerous crime against the state (articles 64—73), banditry (Article 77), premeditated homicide (articles 102, 103, and 240, Item c), premeditated serious bodily injury (Article 108), rape (Article 117), the theft of state or public property in large amounts (Article 89, third part; Article 90, third part; Article 92, third part; Article 93, third part), assault with intent to rob (articles 91 and 146), and who has again committed one of the above-mentioned crimes, irrespective of which of such crimes the person was convicted of the first time;
 * 2) a person with two previous convictions of theft (articles 89 and 144), robbery (articles 90 and 145), fraud (articles 93 and 147), speculation (Article 154), bribery (Article 173), or malicious hooliganism (Article 206, second part) who has subsequently committed any of the crime enumerated in the first paragraph of the present note, or a person previously convicted of any of the crimes enumerated in the first paragraph of the present note who has subsequently committed on two occasions, theft, robbery, fraud, speculation, bribery, or malicious hooliganism;
 * 3) a person with three previous convictions for theft, robbery, fraud, speculation, bribery, or malicious hooliganism and who has subsequently committed any of such crimes.

In considering the question as to whether a person is to be ruled a dangerous recidivist, the court shell take into account the character and degree of the social danger of the crime committed, the character of the guilty party, and the circumstances of the case.

In considering whether a person is to be ruled an especially dangerous recidivist, account shall not be taken of the crimes