PART IX
APPEALING FROM COURT DECREES OF CONVICTION OR ACQUITTAL, COURT DECREES OR ORDERS AND LODGING COMPLAINT OR PROTEST TO COURT OF SUPERVISORY INSTANCES

CHAPTER THIRTY EIGHT
EXECUTION OF DECREE

Article 335. Change of Imprisonment in Incarceration to Imprisonment in a Colony or Imprisonment in Colony to Imprisonment in Incarceration

335.1. As provided in Article 52.11 of the Criminal Code the change of imprisonment in incarceration to imprisonment in a colony of appropriate regime, or imprisonment in a colony to imprisonment in incarceration shall be decided by an order of a judge upon a conclusion of a procurator issued on the basis of proposal of the court decision enforcement agency.

335.2. In the event of a dismissal of the proposal to change imprisonment in incarceration to
imprisonment in a colony of appropriate regime, such issue may not be reconsidered within one year after the day of rendering the order of dismissal.


Article 346. Replacing Conviction of Fine by Imprisonment Sentence, Terminating Deferral of the
execution of Decree and Assigning Imprisonment Sentence

336.1. Issue of replacing conviction assigned in the form of fine by imprisonment sentence, or
terminating the deferral of the execution of decree assigning imprisonment sentence and condemning the convicted to personal serving of the imprisonment sentence shall be decided by an order of a judge upon the request or proposal of the organ in charge of execution of the conviction or of carrying out supervision over such execution as well as an opinion of a procurator.

336.2. Appeal or protest on the order of a judge described in Article 336.1. of this Law may be brought through usual procedures.

PART IX
APPEALING FROM COURT DECREES OF CONVICTION OR ACQUITTAL, COURT DECREES OR ORDERS AND LODGING COMPLAINT OR PROTEST TO COURT OF SUPERVISORY INSTANCES

CHAPTER THIRTY EIGHT
EXECUTION OF DECREE

Article 341. Consideration by Courts of Petitions to Expunge Record of Conviction

341.1. A question concerning expunging of a record of conviction in accordance with Article 78.3 of the Criminal Law shall be decided by a judge of the court at the place of residence of the person serving the conviction, upon petition of such person or his/her defense counsel.

341.2. In reviewing the request described in Article 341.1. of this Law, a procurator, defense counsel, other relevant persons or a representative of organization may take part and their nonappearance at the judicial session shall not stop consideration of the petition.

341.3. Consideration of a petition to expunge the record of conviction shall commence with report of judge after which the court shall hear the conclusion of the procurator and the persons summoned.

341.4. In the event that the court refuses to expunge the record of conviction, a new petition to that effect may not be initiated until one year from the day of rendering the order of refusal.

PART IX
APPEALING FROM COURT DECREES OF CONVICTION OR ACQUITTAL, COURT DECREES OR ORDERS AND LODGING COMPLAINT OR PROTEST TO COURT OF SUPERVISORY INSTANCES

CHAPTER THIRTY NINE
PROCEDURE AT THE COURT OF SUPERVISORY INSTANCE

Article 351. Amending the Decree or Ruling

351.1. If it is determined that courts of first and appellate instances have applied the Criminal Law
incorrectly, the court of supervisory instance may apply law with lesser conviction and mitigate the conviction due to change in classification of type of the case.

351.2. The court of supervisory instance shall not have the right to amend the decree or ruling based on circumstances not established or evidences rejected by the courts of first and appellate instances.


Article 352. Annulling the Decree or Ruling and Transferring Back the Case for Supplementary
Inquiry, Investigation or New Court Litigation.

352.1. If it is determined that courts of first and appellate instances have seriously violated the Criminal Procedure Law, the court of supervisory instance shall annul the decree or ruling and shall transfer back the case for supplementary inquiry, investigation or new court litigation.