Is deprivation of a driver's license considered a criminal record?

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Conditional conviction and deprivation of driver's license.

kind_2 25 Nov 2009

duke777 Nov 26, 2009

kind_2 26 Nov 2009

Convicted under what article?

Article 166 part 2, 158 part 2 the term was given 3 years 6 months.

Alvets 26 Nov 2009

Convicted under what article?

Article 166 part 2, 158 part 2 the term was given 3 years 6 months.

If the UII comes out with the idea of a replacement, you can easily get 3 years 6 months

OldmAN 26 Nov 2009

Article 74. Cancellation of a suspended sentence or extension of the probationary period

1. If, before the expiration of the probationary period, the conditionally convicted person has proven his correction by his behavior, the court, on the proposal of the body exercising control over the behavior of the conditionally convicted person, may decide to cancel the conditional sentence and expunge the convicted person’s criminal record. In this case, the suspended sentence may be revoked after the expiration of at least half of the established probationary period.

2. If a conditionally convicted person has evaded the performance of the duties assigned to him by the court or committed a violation of public order for which an administrative penalty was imposed on him, the court, upon the proposal of the body specified in part one of this article, may extend the probationary period, but not more than one year.
3. In the event of a systematic or malicious failure by a conditionally convicted person to fulfill the duties assigned to him by the court during the probationary period, or if the conditionally convicted person has escaped control, the court, upon the proposal of the body specified in part one of this article, may decide to cancel the conditional sentence and execute the sentence imposed court verdict.

(as amended by Federal Law dated July 26, 2004 N 78-FZ)

(see text in the previous edition)

4. If a conditionally convicted person commits a crime due to negligence or an intentional crime of minor gravity during the probationary period, the issue of canceling or maintaining the conditional sentence is decided by the court.

5. If a conditionally convicted person commits an intentional crime of moderate gravity, an intentional grave or especially grave crime during the probationary period, the court shall revoke the conditional sentence and impose a punishment on him according to the rules provided for in Article 70 of this Code. According to the same rules, punishment is imposed in cases provided for in part four of this article.

kind_2 26 Nov 2009

Article 74. Cancellation of a suspended sentence or extension of the probationary period
2. If a suspended sentenced person has evaded the performance of the duties assigned to him by the court or committed a violation of public order for which an administrative penalty was imposed on him, the court, upon the proposal of the body specified in part one of this article, may extend the probationary period, but not more than one year.

Please tell me what is meant by “disturbing public order”? It’s just that when I expired my passport, I also paid an administrative fine, but it wasn’t counted towards me as a warning.

At the Penitentiary Inspectorate they explained to me that in the case of
1. Violation - a warning without the right to early expungement of a criminal record
2. Extension of a suspended conviction
3. A shorter prison
I received one warning (

Please answer, I’m very worried about this.

SpitefulDwarf November 26, 2009

early expungement of criminal record

This is actually fantastic. The institution of early expungement of a criminal record, to put it mildly, does not work for mortals.

OldmAN 26 Nov 2009

At the UII they explained to me that in the case

They can say whatever they want.
The Criminal Code of the Russian Federation spells out the consequences (including the conditions for “landing”). Also see the Penal Code of the Russian Federation
Article 190. Responsibility of suspended prisoners

1. If a conditionally convicted person evades the duties assigned to him by the court or if he violates public order, for which an administrative penalty was imposed, the penal inspection or the command of a military unit warns him in writing about the possibility of revoking the conditional sentence .
(as amended by Federal Law No. 8-FZ dated January 5, 2006)

2. If a conditionally convicted person fails to comply with the requirements specified in part four of Article 188 of this Code, as well as in the presence of other circumstances indicating the advisability of assigning other duties to the conditionally convicted person, the head of the penal inspection or the command of a military unit makes a corresponding submission to the court.
(as amended by Federal Law No. 8-FZ dated January 5, 2006)

3. If there are sufficient grounds, the criminal-executive inspection or the command of the military unit sends a proposal to the court to extend the probationary period.
(as amended by Federal Law No. 8-FZ dated January 5, 2006)

4. In the event of a systematic or malicious failure by a conditionally convicted person to fulfill the duties assigned to him by the court during the probationary period, or if the conditionally convicted person has escaped control, the head of the penal inspection or the command of a military unit sends to the court a proposal to revoke the conditional sentence and carry out the punishment imposed by the verdict. court.

(as amended by Federal Law No. 8-FZ dated January 5, 2006)

(see text in the previous edition)

5. Systematic failure to fulfill duties is the commission of prohibited or failure to perform actions prescribed to a conditionally convicted person more than twice during the year, or prolonged (more than 30 days) failure to fulfill the duties assigned to him by the court.

6. A conditionally convicted person whose location has not been established for more than 30 days is recognized as absconding from control.

That's all their powers
. With regards to the early expungement of a criminal record, the provisions of part one of Article 74 in its constitutional and legal interpretation, arising from the still valid Resolution of the Constitutional Court of the Russian Federation of November 26, 2002 N 16-P, does not prevent a conditionally convicted person from filing a petition with the court on the abolition of a suspended sentence and the expungement of a criminal record and imply the obligation of the court to consider this petition on its merits, regardless of the presence of a submission from the body monitoring the behavior of the conditionally convicted person on this issue (Determination of the Constitutional Court of the Russian Federation dated November 4, 2004 N 342-O).
Although, of course, this is just a declaration.

duke777 Nov 26, 2009

this is actually fantastic

I don’t know how, but about 3 years ago the head of correctional work (previously, I worked together at the Internal Affairs Directorate as an investigator and as a detective) told me that they were given a sales plan so that they would apply to the court to have their convictions expunged (early), like this is an indicator of their work “ re-education” of criminals.

What are the consequences of a criminal record when a driver's license is revoked again?

Hello! After deprivation of the right to drive a vehicle, repeated deprivation of rights, when not even a year had passed since the previous one, there was a trial, verdict: 2 years cannot drive a vehicle and 200 hours of compulsory work. Tell me, do I now have a criminal record? Is it for life?

Good afternoon, Alexey. Bringing to administrative responsibility does not entail legal consequences in the form of a criminal record.

In accordance with subparagraph “k” of clause 15.2 of the Rules for the formation, maintenance and use of records of persons subject to criminal prosecution, including those brought to criminal liability, convicted, rehabilitated, in respect of whom administrative supervision has been established, as well as citizens who have committed administrative offenses and brought to administrative responsibility for their commission (Appendix No. 1 to the Manual on the maintenance and use of centralized operational-reference, forensic and investigative records formed on the basis of the internal affairs bodies of the Russian Federation" approved by Order of the Ministry of Internal Affairs of the Russian Federation dated February 12, 2014 No. 89-dsp) information about bringing to administrative responsibility are stored in accordance with the period during which the person is considered subject to administrative punishment.
According to Art.
4.6 of the Code of Administrative Offenses of the Russian Federation, a person who has been assigned an administrative penalty for committing an administrative offense is considered subject to this punishment from the date the resolution imposing an administrative penalty enters into legal force until the expiration of one year from the date of completion of the execution of this resolution. However, in practice there are cases when information about bringing to administrative responsibility is stored in the database of the GIAC of the Ministry of Internal Affairs of Russia for a much longer period.

You can also contact me via chat for a more detailed consultation (including studying the materials you have) and (or) drawing up the necessary legal documents (statements, complaints, petitions, etc.) for a fee.

In addition, it is possible to provide services for representation in courts, other government bodies and non-governmental organizations, defense at the stage of preliminary investigation and in criminal court, defense in cases of administrative offenses.

Your criminal record will be expunged after one year after serving your sentence in the form of compulsory labor.

Whether a criminal record is a deprivation of a driver's license.

Is deprivation of rights considered a criminal record?

About the company Firm Zhilservice

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Both are stupid.
My former neighbor went to “her” mistress’s house to break glass. They identified her once or twice, then they dragged her around the courts, and she had to pay a fine (the hero himself installed the glass). Divorced anyway. And, I must say, this greatly benefited the man - he stopped drinking heavily.

Is deprivation of rights considered a criminal record?

When is a criminal record considered expunged? Good afternoon. Please tell me. I was not given any punishment for this sentence, and I can receive a driver’s license in March of this year, three years after I was deprived of this right within the administrative framework.

The “child” will be registered with the juvenile affairs inspectorate. The amount stolen is too small to initiate a criminal case; you are simply being scammed. But! You should not insult other people, even if it is very annoying. Parents of 15-year-old “children” had better think about the fact that something was missed in their upbringing if they started stealing, especially beer. Advise your husband to pay attention to this, otherwise you will have to spend more on programs later

Revocation of driver's license

strong emotional disturbance at the time of the offense caused by family or personal circumstances;
commission of an offense by a woman in a situation or with a young child;
repentance of the person who committed the offense;
prevention of harmful consequences by the person who committed the offense.

The resolution comes into force 10 days after receiving or returning the envelope with an unsuccessful attempt at delivery. Before the expiration of this time, the person involved has the right to file a complaint against the illegal deprivation of a driver’s license, reasonably and reasonably disclosing his position.

Deprivation of rights, criminal record

The fact is that debt accumulates. In the future, you can protect the child from alimony for the father (you never know) and deprive him of parental rights. And in general, in litigation about changing a child’s surname, going abroad (even more so when entering some countries), the child’s communication procedures will be a significant plus in your favor.

From my experience. The former was brought to criminal responsibility and ordered to undergo correctional labor. RESULT - he scored on everyone, and still scores. There is no alimony and he doesn’t care about correctional labor. He lives quietly and enjoys himself. Fuck, there is not enough evil, our laws are bullshit, mothers with children whose husbands leave them are not protected at all.

Is administrative punishment considered a criminal record?

No. A criminal record implies criminal liability when a citizen was found guilty of committing a crime by a court verdict and in respect of whom a criminal law penalty was applied. Administrative punishment by a decision of the Court for an administrative offense does not apply to this, even if it is arrest for 15 days.

The law provides for two ways to terminate a criminal record—expungement and expungement.
Expungement of a criminal record occurs automatically upon expiration of the deadlines established by Part 3 of the commented article. These deadlines are associated with several reasons. Thus, in relation to persons sentenced to probation, the criminal record is expunged upon expiration of the probationary period; in relation to persons sentenced to more lenient punishments than imprisonment - after one year after serving the sentence. In the specified case.

Repeated deprivation of rights

For what reason did the State Duma make such a difficult decision? The answer to this question can be called obvious: the number of accidents caused by drunk drivers is growing every year. At the same time, deprivation of a driver's license and large fines no longer frighten offenders. They break the law again and again.

Thus, drunk driving very often leads to accidents. That is why Russian legislation provides for strict punishment for offenders - deprivation of rights for drunkenness. This is a necessary measure designed to improve the safety of road users. Even more severe penalties await if the offense is committed again.

Repeated deprivation of license for driving while intoxicated in 2019

For quite some time, deputies in the State Duma have been considering the question of how severe the punishment is in case of drunkenness while driving a vehicle. The result of the discussions was the adoption of the following decision: repeated deprivation of a driver’s license (DR) is an insufficient measure for such a serious offense. Now, for such a violation, the driver can face imprisonment (the innovation began to take effect in 2015).

The result of the accident was death for 1 person. Here the driver faces criminal liability (imprisonment for a period of 2 to 7 years) and deprivation of the right to drive a vehicle (up to 3 years);
The result of an accident is the death of 2 or more people. Here the driver faces criminal liability (imprisonment for up to 9 years). As an alternative, punishment may be applied - forced labor (for up to 5 years) and deprivation of the right to drive a vehicle (for up to 3 years).

Is a suspended sentence a criminal record and what does it mean?

Many people are concerned about whether a criminal record is removed after a suspended sentence. Article 86 of the Criminal Code regulates the automatic expungement of a criminal record after the expiration of the probationary period. An expunged criminal record excludes further restrictions for the citizen. What does it mean? Legally, the person is considered not to have a criminal record, but information about the punishment will remain in the database.

Public danger in court is determined by the subsequent behavior of the perpetrator after the crime. The sentence can be commuted after repentance, elimination of the harm caused, attempts to compensate for the damage, or admission of guilt. The court has the right to impose other duties on the convicted person that will contribute to his correction.

All the most important points about removing and expunging a criminal record: terms and consequences

It is necessary to submit a petition (not an application!) to the court located at the place of residence of the convicted person. The procedure for considering a petition is determined by Article 400 of the Criminal Procedure Code.
A petition to expunge a criminal record should not be written in cases where it is expunged early.
Sample petitions can be obtained from the court (at the entrance).
The petition requires the addition of as much information as possible that confirms the positive behavior of the convicted person. These can be various characteristics from work, place of residence, or from the district police officer.
It would not be superfluous to indicate which rights of a citizen are limited, and why the presence of an unexpunged criminal record prevents him from leading a full life.

A conviction in which a sentence that had already entered into force was not carried out for various reasons. The duration of a criminal record should begin to be counted from the time the sentence comes into force. A criminal record ends when the statute of limitations for execution of the sentence expires.
A criminal record in which a person will be sentenced to an immediate sentence. In this situation, the criminal record may consist of 2 parts. A criminal record is present in the form of the term of the imposed sentence and the period of criminal record after serving the sentence.
A separate line should be said about a criminal record, for which there is not only a main, but also an additional punishment. It will apply to the main and additional execution of punishment. The final stage of the criminal record is completed after the additional sentence has been served.

Is deprivation of rights considered a criminal record?

A person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction comes into force until the criminal record is expunged or removed (Part 1 of Article 86 of the Criminal Code). The length of a person’s criminal record includes both the period of serving the sentence and the period specified by law after serving the sentence.

It would be unfair and inappropriate to forever remind a person of a past crime he committed if it has been corrected, turning a criminal record into a kind of lifelong stigma. Therefore, persons who have served their sentence are considered to have a criminal record until the criminal record is expunged or removed in accordance with the procedure established by law.

Is deprivation of a driver's license considered a criminal record?

If the vehicle is stopped by a traffic police post, you will need to provide a driver's license, vehicle registration certificate and insurance policy.

The absence of a document that certifies that the driver has the right to drive a vehicle means that this violation is punishable; most likely you will be given a fine, and the car will be sent to the impound lot until the circumstances are clarified.

Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call 7 A driver’s license is a document confirming the driver’s right to drive a vehicle of a certain category.

Criminal liability for drunk driving, fine and...

If a violation of traffic rules occurs on the road while driving, then one of the most stringent measures taken regarding the violation of order is the confiscation of the driving license.

The list of offenses for which a driver’s license can be confiscated and thereby the right to drive a vehicle can be restricted for a period of 1.5 to 2 years is prescribed in Article 12 of the Code of Administrative Offenses of the Russian Federation.

In the eyes of the common man, these are one and the same thing, however, from a legal point of view, the differences between these concepts are very significant.

If the driving license is confiscated, the violator does not have the right to drive a car for the specified period.

If he ignores such measures and still drives a car without a driver’s license, then more stringent measures may be applied to him.

How does the trial for deprivation of a driver's license proceed?

So, if a person who was previously deprived of the right to drive a vehicle gets behind the wheel, then the traffic police inspector records this violation and then the period of deprivation of rights can increase to 3 years:

This is only the case if: On the one hand, it would seem that depriving a person who does not currently have the right to drive is absurd.
But if you look at this situation from the other side, it becomes clear that the starting point is precisely the date the violation was recorded, when the traffic police inspector recorded the violation.
It is also worth noting that the decision to deprive a person of driving privileges is made not on the spot by traffic police inspectors, but by judicial representatives.
After the inspector has drawn up a protocol of violation, it is sent for consideration to the judicial authorities and, based on the results of the meeting, a decision is made on the measures applicable to the violator.
The State Duma adopted the Law on the deprivation of driver's licenses on November 17, 2015.
A traffic police inspector can deprive a driver of the right to drive a vehicle if he has a debt - unpaid fines, the total amount of which is 10 thousand rubles or more.

Court deprivation of rights is a criminal record -

Administrative liability occurs in cases described in Article 12.8 of the Code of Administrative Offenses of the Russian Federation:

If a person was intoxicated while driving a car that was moving, then the responsibility is to impose a fine and deprivation of a driver’s license.
The timing and amount of the fine depend on the circumstances of the incident.
The entire list of offenses for which a driver can be deprived of the right to drive a car for a certain period of time is available in parts 12 of Article of the Code of Administrative Offenses of the Russian Federation.
From the moment the report is received from the traffic police inspector, the court is given a period of two months to hold a hearing.
Based on the results of the investigation, the violator may not be deprived of the right to drive a vehicle; it will only cost the imposition of a fine.

For a clearer understanding of the situation, let's look at an example.

The driver drove in the oncoming lane; no traffic accident occurred, since there were no cars on that section of the road at that time.

But the traffic police inspector nevertheless drew up a report and sent it to the judicial authority.

The court decided that it was necessary to deprive the driver of his driving license for a period of 2 months.

Deprivation of a driver's license or a fine - is it a criminal record?

A month passed, the inspector recorded a violation - driving a vehicle while intoxicated without a license, hitting a pedestrian.

The protocol was sent to the court and it became clear that for the first violation in a month the violator could get his rights back, but due to newly arising circumstances this will not happen, since the second violation will entail the imposition of penalties and the confiscation of the driving license for three years:

It becomes clear that you can deprive your driving license: When recording a protocol on a violation that has occurred, a traffic police representative may confiscate your driver’s license, but this may not happen.
If you are not immediately disqualified from driving, you may drive until the court makes a decision to disqualify you.
As noted above, only a court can take away a driver’s license from a violator and thereby deprive him of the right to drive a car.
But even after your case has been reviewed and a decision has been made, you still have time to appeal.
This period is 10 days, after its expiration you can only hand over the certificate and successfully use the status of a pedestrian. 12 article of the Code of Administrative Offenses describes in detail the options in which it is necessary to confiscate the driving license from the violator.

A document can be confiscated not only in accordance with administrative liability; the criminal code also has laws that describe the need to confiscate a driver’s license from a citizen who drove a vehicle while drunk and as a result of which a person died.

Then they may be deprived of their rights for 20 years, in addition to the fact that they will have to be punished.

You can familiarize yourself with Article 164 of the Criminal Code of the Russian Federation.

Revocation of driver's license for alcohol in 2019.

The simpler the violation, that is, the consequences are not terrible, the greater the likelihood that you can only get by by paying a fine.

Rights can be deprived for a period of one month to 3 years in especially severe cases.
The decision on the decision to apply penalties against the guilty person must be made either by the inspector within two months from the date of drawing up the protocol, or by the court, in such cases the period is increased by one month.
If during this period no actions were taken by the traffic police and the court, then due to the statute of limitations, punishment cannot be applied.
If you have been revoked of your driver's license again, then you have two options for the development of events.
If you have been deprived of the right to drive a car again, then you will not be able to obtain the document legally before the expiration date of the restriction.

If the driver does not have the right to drive a vehicle, then the best option for him in case of failure to file an appeal is to simply wait until the period for imposing the restriction is over.

Is deprivation of a driver's license considered a criminal conviction? - question.

You should not get behind the wheel again, much less break the traffic rules:

A person deprived of his license should not drive a car, because this is an illegal act that will entail even more dire consequences.
If such an event has already occurred, such as drawing up a protocol for the purpose of repeated deprivation of rights, then it would be a good way out for the driver to come to an agreement with the inspector.
A driver's license is a document that provides legal grounds for driving a vehicle.
If certain types of violations are committed, this document may be confiscated, but for this procedure there is a special procedure that must be followed.

Thus, only the court has the right to seize a document, only after considering your case.

Is deprivation of a driver's license considered a criminal record - Law and.

Question No. 1: There are certain deadlines for making a decision, which are also worth paying attention to.

Translated from legal language into simpler language, criminal liability arises for repeated driving while drunk. However, the number of people who like to ride drunk in our country is not decreasing much, despite all sorts of prohibitions and punishments. After all, our site is legal and we will talk about legal problems.

So, let’s assume you were caught driving drunk again and a conviction under Art. Of course, you would like to have this conviction expunged as quickly as possible.

Question No. 2: In our article today we will talk about how long it takes and how a conviction under Art. A criminal record is a special legal status of a citizen who has been convicted by a court verdict for a crime committed.

This status is assigned to the convicted person for a certain period, which begins from the moment the court verdict enters into legal force and ends with the expungement or removal of the criminal record.

During the entire specified period, the citizen is considered to have a criminal record.

It is necessary to distinguish between concepts such as “expungement of a criminal record” and “expungement of a criminal record.”