Obernikhina O.V. The counter effect of the Criminal Law in cancellation or expungement of criminal record

Abstract: This work makes an attempt to systematize the order of implementation of the article 10 of the Criminal Code of the Russian Federation with regards to persons serving a sentence in the form of incarceration or those who have completed their term and still have a record at the time of enactment of a law that would mitigate their position. The author reviews the new legislation on optimization of the conditions for cancellation of criminal record for a specific crime, which includes automatic voiding of criminal record if: the act no longer carries criminal punishment; carries a lesser punishment; has new conditions for release from incarceration. Situations are being reviewed, where such legislation is being implemented towards persons currently serving, or who have finished serving their sentence, or have an active criminal record at the time of enactment of a new law that is capable to mitigate the position of these persons.

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