If you become a relative of a convict: general recommendations. The procedure for leaving prisoners sentenced to imprisonment in a pre-trial detention center to perform housekeeping work

The people called STAGE, the definition of the place of serving the sentence of the convict, BEFORE the entry into force of the Sentence.
Relatives can influence where the convicted person will serve his sentence, that is, by their participation, by filling out an APPLICATION IN ADVANCE
to determine the place of serving the sentence, that is, the region where it is preferable to send the convicted person.
Determination of the place of serving the sentence many confuse with the SEARCH OF THE CONVICT

Determination of the place of serving the sentence.

Article 73. Places of serving imprisonment

[Penal Code of the Russian Federation] [Chapter 11] [Article 73]

1. Persons sentenced to imprisonment, except for those indicated in part four of this article, serve their sentences in correctional institutions within the territory of the constituent entity of the Russian Federation in which they lived or were convicted. In exceptional cases, for health reasons of convicts or to ensure their personal safety, or with their consent, convicts may be sent to serve their sentences in an appropriate correctional institution located on the territory of another constituent entity of the Russian Federation.

2. If there is no correctional institution of the corresponding type in the constituent entity of the Russian Federation at the place of residence or at the place of conviction, or if it is impossible to accommodate convicts in existing correctional institutions, convicts are sent, in agreement with the corresponding higher management bodies of the penal system, to correctional institutions located on the territory of another constituent entity of the Russian Federation. Federation, in which there are conditions for their placement.

3. Convicted women, convicted juveniles shall be sent to serve the sentence at the location of the corresponding correctional institutions.

4. Convicted of crimes under Article 126, parts two and three of Article 127.1, Articles 205 - 206, 208 - 211, 275, 277 - 279, 281, 282.1, 282.2, 317, part three of Article 321, part two of Article 360 \u200b\u200bof the Criminal of the Code of the Russian Federation, convicts with a particularly dangerous recidivism of crimes, convicted to life imprisonment, convicted to serving imprisonment in prison, convicts for whom the death penalty has been replaced by imprisonment by way of pardon, are sent to serve their sentence in appropriate correctional institutions located in places determined by the federal body of the penal system.

4. Determination of the place of serving the sentence.

Due to the fact that this issue has acquired a systemic problem in Russia at the present time, especially in the city of Moscow, it became necessary to place a written consultation on the website.

I want to note right away that this question is very clear and clear is reflected in Russian legislation and the problem arises solely due to the fact that the heads of pre-trial detention centers, either because of illiteracy, or because of malicious intent, constantly mislead people, referring to the fact that relatives will be notified of the location of the convict after their arrival at point of destination, that is, to the place of serving the sentence. This is so and not so. These answers contain references to other regulations governing another legal aspect of relations, and such answers evade the implementation of other norms of the law. However, in order.

1. ? Are the heads of pre-trial detention centers obliged to notify the relatives of convicts where this or that convicted person will be sent to serve his sentence?

The answer to this question is given by two federal laws. I will quote them.

Part 1 of Article 394 of the Criminal Procedure Code of the Russian Federation reads:

« Section 394 . Notification of the appeal of the sentence to execution.

1. ». After the entry into force of the sentence according to which the convicted person held in custody is sentenced to arrest or imprisonment, the administration of the place of detention in accordance with Article 75 of the Criminal Executive Code of the Russian Federation notifies one of the close relatives or relatives of the convicted person about where he is sent to serve his sentence

Part 2 of Article 75 of the Criminal Executive Code of the Russian Federation indicates:

« Art 75 . Sending convicts to imprisonment to serve their sentences.

1. Persons sentenced to imprisonment shall be sent to serve their sentences no later than 10 days from the day the administration of the remand prison receives a notice of the entry into force of the court's verdict. During this period, the convicted person has the right to a short-term visit with relatives or other persons. The procedure for sending convicts to correctional institutions is determined by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of the execution of criminal sentences.

2. The administration of the pre-trial detention center is obliged to inform one of the relatives at the choice of the convicted person about where he is going to serve his sentence ".

Rules Part 1 of Art. 394 of the Code of Criminal Procedure are applied in cases where a conviction was passed, and not just any, but a sentence by which a person in custody was sentenced to arrest or imprisonment.

These rules oblige the administration of the place of detention (i.e. the administration of the remand prison, according to the general rule of paragraph 2 of article 75 of the PEC), to notify one of the close relatives or relatives (paragraphs 4, 37 of article 5 of the CPC) of the convicted person about where he is sent to serve his sentence.

The said notification must be sent to the named persons even in the case when a person convicted for the first time to imprisonment for a term of not more than five years, who was sentenced to a punishment in a general regime correctional colony, with his consent, is left in a pre-trial detention center or prison to perform housekeeping work (part 1 of article 74 of the PEC). The convicted person himself determines which of the relatives needs to be notified. The representative of the administration of the detention center is obliged to meet with the convict and clarify this issue.

Thus, at least two federal laws oblige the administration of pre-trial detention centers to notify the relatives of convicts where this or that convict will be sent to serve his sentence.

It - remand prison administration duty, for the failure of which officials are liable.

The notification must follow before the convicted person is sent to the place of serving the sentence. And during this time (from the date of the conviction to the date of being sent to the place of serving the sentence), the convicted person is given a meeting, additional to those specified in Federal Law No. 103-FZ of July 15, 1995 " On the procedure for keeping in custody those accused and suspected of committing crimes”, So that household, social and other issues were resolved. The right to this meeting is indicated not only in part 1 of article 75 of the Criminal Code of the Russian Federation, but also in article 395 of the Criminal Procedure Code of the Russian Federation:

« Section 395. Granting a meeting with a convicted person to relatives

Prior to the appeal of the sentence to execution, the presiding judge of the court session in a criminal case or the chairman of the court, at the request of close relatives, relatives of the convicted person in custody, the opportunity to meet with him».

The judge has no right to refuse such a meeting. when contacting relatives of the convicted person.

1. Why do the heads of pre-trial detention centers, refusing to notify where the convict is going, indicate that relatives will be notified of the place of serving the sentence after the convict arrives at the destination?

I think that the heads of pre-trial detention centers, who are accustomed to disdain both the convicts themselves, their rights, and the relatives of the convicts, deliberately mislead them, referring to other norms of the law, which really oblige the heads of correctional colonies (not pre-trial detention centers) to notify within 10 days of one of the relatives of the convicted person on his arrival at the place of serving the sentence. In particular, this is clearly indicated in the Federal Law - article 17 of the Criminal Executive Code of the Russian Federation:

« Article 17. Notification of the place of serving the sentence

The administration of the institution or body executing the sentence is obliged to notify one of the relatives of the convict of his choice about the arrival of the convict to the place of serving the sentence.».

Thus, the Law obliges the administration of institutions and bodies executing sentences to inform one of the relatives of the convicted person about his arrival at the place of serving the sentence.

Not later than 10 days from the date of the convict's arrival at the correctional institution, upon his written application, one of the relatives of the convicted person, of his choice, is sent a notification indicating the postal address of the institution, a list of things and items, food products that convicts are prohibited from receiving in parcels, parcels, parcels or purchase , the basic requirements of the procedure for correspondence, receiving and sending money transfers, providing convicts with trips outside the correctional institution, visits, telephone conversations.

The arrival of convicted foreign citizens and stateless persons who permanently resided abroad before arrest are also sent to the embassies or consulates representing the interests of these persons in the Russian Federation.

The considered position of the Law is aimed at maintaining and maintaining the connection of the convict with his family, which will help him to socialize in society in the future.

Failure by the Russian authorities to comply with the provisions of Articles 394-395 of the Criminal Procedure Code of the Russian Federation and Articles 17 and 75 of the Criminal Code of the Russian Federation is a violation of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

1. ? What to do if the administration of the pre-trial detention center does not comply with the requirements of Federal laws and does not want to notify the relatives of the convict about where he is being sent to serve his sentence

Since the supervising prosecutors and heads of the Federal Penitentiary Service of Russia conceal facts of violation of the law by the administrations of pre-trial detention centers and do not bring officials to justice, it is recommended to choose the following path. First, before the cassation ruling on the entry into force of the conviction goes to the pre-trial detention center, send a statement to the head of the pre-trial detention center on behalf of a relative or a lawyer.

In this case, you need to specify the address to which the notification should be sent. The same statements can be written to the Federal Penitentiary Service (GUFSIN) of a constituent entity of the Russian Federation and to the Federal Penitentiary Service of the Russian Federation.

It is advisable to send such a statement in advance so that the answer will be given by a specific official, whose actions can be appealed in case of refusal, because the courts often refuse to accept the complaint, referring to the fact that a specific official of the remand prison is not indicated as a defendant.

If the notification is not received, then you need to file complaints about the failure of the administration of the SIZO to comply with the requirements of Federal laws to the territorial court, to the higher heads of the Federal Penitentiary Service of the Russian Federation and to the relevant supervising prosecutor's offices up to the General Prosecutor's Office of the Russian Federation.

There is another opinion, set forth in the official Commentary on the Criminal Procedure Code of the Russian Federation, scientific. ed. V.T. Tomin, M.P. Polyakov, 3rd ed., Revised. and additional, "Yurayt Publishing House", 2009, which indicates:

« It should be noted that if relatives have not received a message from the administration of the remand prison where he was sent to serve his sentence, they have the right (orally or in writing) to apply for such information to the court that passed the sentence, or to the prosecutor supervising compliance with the law by the administration of places of detention».

In my practice of numerous such appeals, neither the court that passed the sentence, nor the prosecutor supervising the pre-trial detention center has ever informed anyone about where the convicted person was sent.

It should be noted that the issue raised is very relevant. In Moscow, for example, the heads of pre-trial detention centers in very, very rare cases notify relatives where the convicted person will be sent. In other cases, they secret this information even from close relatives, which is unacceptable by law. It is necessary to appeal against the facts of non-fulfillment of the requirements of federal laws by the heads of pre-trial detention centers, to demand the responsibility of officials, and then the issue will be settled, the problem will cease to exist. Unfortunately, we are forced to compel officials to comply with the law, which should not exist in a normal society.

If the Russian courts refuse to satisfy the complaints about the recognition of the actions of the officials of the administration of the pre-trial detention centers, expressed in the failure to notify the relatives of the convict where he is sent to serve the sentence, illegal, then after the court of cassation, you can file a complaint with the European Court of Human Rights.

Iuris effctus in executione consistit (the effectiveness of the law is in its execution, lat.).

Lawyer, Ph.D. in Law, M.I. Trepashkin

According to official data, at the beginning of 2018, 602 thousand people were held in the institutions of the penal system in Russia. Citizens with experience of life behind bars number in the millions.

Although the number of prisoners has significantly decreased in recent years, any adult has the opportunity to unexpectedly go to a pre-trial detention center or a police station cell on a social network, to participate in an unauthorized one, or simply to provoke the security officials with their appearance.

Behind bars, regardless of the length of stay, a detainee, prisoner or convict may face illegal and.

To find out how the guards themselves look at this problem, "Ridus" talked with a FSIN officer with extensive service in one of the Ural correctional colonies. As a result, the interview is presented in the form of thoughts presented in the first person.

At the request of the source, the editorial board does not disclose his personal data.

Where is tortured more often

In the pre-trial detention center there are for the most part those suspected of committing crimes who have not yet received a sentence in their criminal case, which is still with the investigator, the police or in court. Here there is a direct interest - some to solve the crime, while others - to avoid responsibility.

Therefore, “professional interest” in people in a pre-trial detention center is always greater than when a person has already been convicted and is in a colony - the sentence has been received, why press on him further?

In addition, pre-trial detention centers are cells, closed rooms, where ostentatious "peace and quiet" is easier to create and much to hide. As the saying goes - something happened in a dark room at night, try to figure it out later. In the colony, everyone is in full view, if something happens, they will immediately know.

Such that torture is widely used in the pre-trial detention center, that there is the Middle Ages, I will not say. Of course, somewhere they go too far, as in the latest high-profile stories, but it rather depends on the personal qualities of the employees, who are too zealous in performing their, as they believe, "duties". There is no such thing as to have an order for all pre-trial detention centers to obtain confessions from people at any cost.

Less often, facts of bullying are actions of employees aimed at extracting information from a person. More often it is arrogance, a desire to show who is in charge here, a feeling of power or impunity, as some employees think for the time being.

Most of it is the human factor, the desire to curry favor, the misunderstood interests of the service. As a rule, the regime in a colony or in a pre-trial detention center does not influence this.

The real work of obtaining information from a person in a pre-trial detention center is carried out very subtly and cunningly, without violence, but this requires a certain skill from an operative or investigator. But after all, not everyone has the patience and not everyone knows how to solve a crime. And therefore, for some, an animal instinct is triggered - to push morally and physically, maybe a person himself admits.

It all depends on the person in the first place. Human factor. These are very necessary, they pull many and in a timely manner from the desire to "bend" the stick.

But these stories always have a downside: what kind of "personality" is the one who was tortured or mocked, beaten, for what - for what business - was sent to a colony or pre-trial detention center, and exactly the very moment for which he is now beaten.

But all the same, it is clear that it is in no way an excuse for an employee that he is really a criminal, dangerous to society, who has ruined someone's life.

For what they beat

The facts of beatings, as a rule, both in life and behind bars are spontaneous moments: he was in the wrong place, at the wrong time.

Here are a couple of examples. The convict decided to express his protest against his failed life. He is in his fifth or sixth term, all the articles are grave. Never worked - no clue. Broke a TV in the cell, a new plasma one. Inmates will not show that there is nothing to watch, he is in authority. He broke it and demands a new one, because they have nothing to watch in the camera. And by law they must give it. And they will! The country and taxpayers will buy a new one.

The one who broke was sent to the punishment cell. There he refused to enter the cell and began to resist. Fight - he has a couple of bruises. There was another protest in the cell - he took off the sink and smashed the toilet with it. He demanded a new one - he had to go to the toilet. They took me out again, got me in the teeth "For prevention." To not forget myself. Got it on the horns, sits at attention until nothing hits.

Another example. The convict goes to work in the colony, he was stopped by an employee, got to the bottom of some trifle - the power to show, this one has a divorce at work, where he is expected, and if he does not come, he can end up in a punishment cell due to absence from work.

Word for word with the employee: "Let go, they are waiting for me", he will not let him in, said something offensive in response. This one spits in his face. The employee punches him in the face. Everybody sees. Other employees come running to help a colleague. As a result, the convict was in the punishment cell, and the employee ... well, they chided him not to do this in public.

Most conflicts within prisons take place from scratch and last for a short time. Less often "for prevention". There is no such thing that mass beatings are ordered or arranged in colonies on purpose. There won't be enough employees. Not only employees are beaten, but employees are also beaten. Although, of course, smaller. These facts are rarely made public, in contrast to the other side.

Indifference

The very conditions, the very service of the employee does not allow anyone to feel sorry. This is such a moral threshold beyond which you can fully work in the colony. As the saying goes, "without snot and sentiment."

As a rule, the attitude of employees towards convicts is indifferent - this helps a lot in their work to look at things soberly.

And when you have a criminal case in front of you, and you read what this or that convict did before you met him behind bars, and it happens, you say only one thing: “In evil spirits! How does the earth wear them? "

After all, there are maniacs, pedophiles, and killers of babies. There are cannibals too. And they all demand respect for themselves in the colony - according to "right and law."

And what kind of respect can there be? ..

This is the level where “law and law” can move into the background. As there is an opinion among employees that the most fierce verdict of the court does not reach the heart of a maniac, but a blow in the face with a boot reaches the very bottom of the soul.

I once met a convict cook in a colony. Sociable, believes in God, always smiles, in good standing, a lot of thanks, ready to fulfill any assignment, his bread is always fresh. He is preparing to be released on parole, asks for help, to write a good description for the court.

“A hard-working guy,” I said to someone about him once. And in response: "And you read his sentence!" I was not lazy, opened a personal file, began to read. I am an adult, and I have seen a lot of evil in my life, and this does not surprise me. But here I felt bad.

Twenty years ago, this chef lured a girl he knew to the river, who knew something about him - she knew how he killed someone while stealing. He lured her to the river to swim and drowned her. He drowned her, and threw her one-year-old son, who began to scream on the shore, into the fire. But either the fire burned badly, or this cook was in a hurry, and was not too lazy, took the burnt child out of the fire, tore off the branches from the tree, began to choke him with willow twigs, and then trampled his head with his boots.

I asked about it the next time I met him. “Twenty years have passed. Only God has the right to judge me. I have been in good standing for fifteen years, ”he replied. He answered, having snapped, angrily, did not smile.

Twenty years have passed ... and on my part there is no statute of limitations for someone like him. And two hundred years later. And after twenty centuries.

Then I went to whomever I needed, and his "fifteen years in good standing" ended. Thundered into the punishment cell for a minor violation - either for a cigarette, lit it in the wrong place, or for sitting on the bed. For the isolation ward he was kicked out of the cooks, and there no one released him on early release, as a violator.

Yes, there are some. But these are only a few. The worst part is that employees get used to equating everyone on the same scale. All prisoners are equal, all prisoners are nonhumans. Who cares what he is sitting for. Once I got here, it means I'm guilty. Not all employees understand or want to understand that a prisoner is a person.

Sometimes, after all, a person sits down for a specific, principled act.

I met a convict, to whom his ex-girlfriend wrote a statement before the wedding that he had raped, and stole earrings. I didn't want to be living with someone else. He already has a family. Received five years. For a nasty article. Served. How I sat for the "furry article" - one can only guess about this. During this time, the family broke up, in an accident someone died, either a wife or a child. But he went out, went to that friend and killed her. I got a new term. For 12 years already. Says: “I couldn't do it any other way. She crippled me all my life. I just got my revenge. " God will judge him. How many people, so many destinies.

"Press-khaty"

Many prisoners work with the administration, the so-called zone asset. Among them, as a rule, the largest release on parole is. They help maintain order in the colony among the convicts themselves, and the administration supports them. These are orderlies and caretakers in the detachments.

Contrary to the opinion, there is no solidarity among the convicts against the administration. Here, every man for himself, who will eat whom, he will survive. They themselves are quite critical of others, frankly declaring at times about the rest of the "zechie (zeks) filthy".

It is certainly easier for those who work with the administration. He can receive gratitude, which later affect his release, has less chances to end up in a punishment cell, and can simply close his eyes to minor violations.

That convicts beat or torture convicts ... yes, in some places it is present. The so-called press huts, where confessions are beaten out or "work" with a person to obtain other information, including persuading them to cooperate.

As a rule, these are extreme measures, and not every convict will be affected by this. And all the dirty work in the "press huts" is, of course, not done by the employees - there won't be enough of them either, but by other convicts. Assets.

In addition, there are also ordinary informers, "informers" who also find out the necessary information in their own way. But the pursuit of "information" on a crime is not the main component of the reasons for the oppression of convicts. Basically, physical pressure is not for the sake of any information, but for a completely different reason.

A person entering a colony does not want to live by its rules, does not want to sleep and get up according to the regime, does not obey the requirements of the administration. He wants to live, as before, his own life, where he is his own master.

For example, he was given 10 years in prison, and for 10 years he gets up at 06:00 in the morning, goes to exercise, three times a day to the dining room, stands twice a day for a divorce, does not go beyond his squad, works according to the regime, goes to bed sleep at 22:00 pm. He was given 10 years of these exercises in court, 10 years of such a life.

Just think! Not everyone can stand it. And man openly rebelles against it. Refuses to obey, to get up in the morning, go to bed in the evening, go for divorce ... Then there are conversations, punishment cells, and there it is not far from assault.

An employee is a trash

The mechanism of control over an employee is always the same - you will be fired. Always.

A step aside, an awkward word to the authorities, a minor official violation - this is the last day of your service in the colony. By order, they will demand a dismissal report, if you don't write it, they will follow on the heels, demand, threaten with problems, and drag you to the certification commission. And fired if necessary.

Dismissal is the main form of employee service incentives. Try to work in a colony from wake up to lights out, from 06:00 to 22:00, and at the same time say that you don't like something. The convicts have the right to “8-hour uninterrupted sleep”. The employee has no such right. Because he works for the benefit of a preferential pension - and less often beyond the day when it comes. Nobody works for work. Because the attitude towards the employee is often worse than towards the convicts themselves.

An employee is a trash. Our head of the colony said directly at the divorce: “The main thing is the prisoners. You are the service personnel. " Therefore, an employee never has any other motivation for service. Always one - to hold out until retirement, and there at least the grass will not grow.

There are cameras everywhere in the colonies, and there is no way around them. Cameras record violations of both convicts and employees. The convicts sit in a punishment cell, employees receive reprimands, moralizing and dismissal. As lucky as anyone.

Such that the employee would specifically look for a place where there is no video camera in order to beat the next convict there, well, it just makes you smile. Pure mathematics. When there are 1,500 prisoners in the colony, and there are 15 employees on duty. When will you have time to beat everyone? ..

All these cases of beatings in the colonies, as a rule, are specific circumstances. Communication began, the employee demanded, the convict was rude, did not do something, the employee used force, the convicted person resisted, and it went on and on ... whoever has power is stronger and more to the right. Who in the dark corner of the colony looks at the law?

Control over an employee is primarily control over the work he has done. Nobody specifically monitors the employee, his behavior, do what you want, think as you want, but so that the report on the work and the work itself are present. "Otherwise, you will be fired and go to raise agriculture!"

What to do?

What should you do so that you are not beaten, that you are not humiliated, that you are treated like a person in prison? ..

Yes, to be honest, you won't do anything against it. In prison means guilty, criminal means not a person. And to please everyone, so that you are not touched, you also cannot. A prison is also a human society. But in a wolf form. Where, if you are weak, you will be torn apart. And you cannot hide and protect yourself from this. Nobody can help! Not a lawyer, not an investigator! They will come and go, and you will stay further in prison.

You cannot protect yourself from employees, although with these it is easier - you can complain about them, higher to the authorities or to the prosecutor's office. But you cannot defend yourself from this world - from prison, from the "zechs" who will take from you, steal from you, strike. And they do not work with the administration, they are not an asset of the zone, they are simply "mass". And if you have no respect for yourself and no moral strength (not physical, they mean nothing, because the "mass" will devour) - defend yourself, you will not live 10 years in a colony, but survive. Or you will die.

These are not prison laws. These are the laws of life. And it's useless to complain somewhere. Yes, the officers who beat you will go to trial, yes, they will change the detachment where other convicts humiliated you. But all of them will be replaced by others, life will bring new ones tomorrow. And you have to stand against them again. And somewhere you have to give in, and somewhere to endure, and somewhere to come to terms. To survive and return home. Where are you expected.

There are no universal rules against a prison. There is one thing - you can't get there. The prison empties a person. To the very bottom. No matter how much you resist and no matter what results you achieve, remember one thing: your life was taken. And you didn't live it the way you should.

It's up to you to decide what to do when you go to jail. You can stand stubbornly - and they will break you more. You can make concessions - and they will not reckon with you. But you can be wise - life will force you. And choose the third option. Which one? And who knows? .. Everyone has their own case and their own destiny.

Prison is a tragedy. In everyone's life. Both an employee and a "thug". And everyone experiences it differently. But it is important to remember that life does not end with the beginning of prison. What you need to live on. And the prison will end too. But how and by whom you will live in it is up to you. Nobody will tell you. Nobody will teach. Learn by yourself.

There is only one thing that can help - do not waste energy if you understand that you cannot change anything. Save yourself for after jail.

Hello Tamara.

Convicted persons who have been sentenced to serving in a penal colony with a strict regime do not have the opportunity to remain in the remand prison for the entire term.

The penal legislation establishes that within 10 days from the moment the administration of the SIZO receives a notification that the sentence against a particular person has come into legal force, the convicted person must be sent to the place of serving the sentence. In practice, as you know, it can take up to 2 months before the transfer.

In what cases can a convict stay in a pre-trial detention center to serve his sentence?

At first, at that time, while the consideration of another criminal case continues against him, or if it is necessary for the convicted person to participate in the trial against another person, as well as in investigative actions.

Secondly, those who are sentenced to a term of imprisonment for no more than 6 months are left in jail.

Thirdly, and convicts for longer terms may, as an exception, with the consent of the head of the pre-trial detention center, leave to serve their sentence in the detention center, while obliging them to perform housekeeping work to maintain the detention center. These exceptional cases are strictly regulated by 1 part of Art. 77 of the RF PEC. A convicted person must be imprisoned for the first time (not a repeat offender), for a term not exceeding 5 years, and he must be sentenced to serve in a general regime colony. Those who have been punished by imprisonment in high security colonies will not be able to pretend to stay in jail.

If all of the above conditions are met, the convicted person may submit an application addressed to the head of the isolator with a request to leave him in the SIZO to serve his sentence with the performance of household work. Without the consent of the prisoner, he cannot be left in the remand prison for longer than the established period. In exactly the same way, each convict, while serving a sentence in a pre-trial detention center, can change his mind at any time and demand transfer to a correctional colony.

The head of the pre-trial detention center makes a decision to leave the convict in the detention center, based on the need for workers to service the detention center. These are jobs such as cleaning the premises, cooking and washing dishes, renovation work, working in the isolation ward's library, etc. Convicts cannot work in the special departments of the isolation ward and perform work related to the maintenance of security, communications and signaling equipment. Work is paid for and recorded as seniority. Thus, isolation wards “cover” the need for workers, and convicts who, for one reason or another, do not want to go to a correctional colony, can avoid this by staying in a pre-trial detention center throughout their term.

I would also like to note that those serving sentences in a pre-trial detention center are kept separate from the accused and suspects. As a rule, this is a hostel; convicts live there in common cells that are not locked. Convicted prisoners in a pre-trial detention center have the right to daily two-hour walks on the territory of the detention center during daylight hours.

All the best!

Best regards, Olga.

The preliminary isolation of the subject, who is charged with committing a criminal offense, is a rather difficult ordeal for the majority of prisoners, due to the large number of restrictions that cannot be compared with being in any other way. Tough conditions and a minimum of freedoms are a kind of pressure on those under investigation, for some of whom the relaxation of conditions and the opportunity to remain in a pre-trial detention center in the position of an economic worker become the reason for cooperation with the investigation.

The conditions of detention differentiated for different age and gender categories of prisoners are a test of the will of the person under investigation, and one or more of the inmates may well be accomplices of law enforcement agencies.

What are the conditions of keeping women and men in jail?

Admission procedure

The pre-trial detention center operates around the clock, including in terms of receiving newly arrived prisoners who are subjected to a thorough body search, including the internal cavities used to carry prohibited substances and objects inside the perimeter of the pre-trial detention center. The belongings of newcomers are also subjected to a thorough search, and if there is a suspicion of hiding foreign objects inside their clothes or shoes, they can be ripped open and inspected from the inside.

The admission procedure involves taking fingerprints of the new prisoner, photographing him and questioning him for compliance with the accompanying records and available documents. After the acceptance procedures, the prisoner is sent to a cell, chosen depending on the following parameters:

• by gender, since the joint stay of prisoners of different sexes is unacceptable;
• by age criteria, in view of the need for separate detention under the supervision of one adult prisoner, cooperating with the administration;
• according to the degree of danger of the persons under investigation, since a separate maintenance is provided for the convicted persons;
• by the number of walkers, due to the fact that or repeatedly, it is required to be kept separately from those arrested for the first time;
• on one case or overlapping processes cannot be placed in one cell or adjacent premises in order to exclude the possibility of communications.

The area standard for each inmate in a pre-trial detention center is set at 4 m 2, but in fact it barely reaches 2.5 m 2, due to overcrowding in the isolation wards and the unsuitable state of some of the premises.

The video below will tell you about the conditions of detention in one of the detention centers in Russia:

Cameras

The cells of the pre-trial detention center are equipped with the required number of sleeping places and seats, and the incoming prisoners are supplied with bedding and the minimum necessary hygiene products. The rise to the pre-trial detention center is provided at 6 o'clock in the morning, and a sound signal notifies about this, after which lying on the bunk is not allowed until lights out, which comes at 10 o'clock in the evening.

Persons imprisoned in the perimeter of the remand prison are forced to spend almost all of their time in cells, with the exception of:

• daily walks, conventionally held in the open air, with which the walking area is connected through a ceiling in the form of a grid or lattice;
• weekly 15-minute water procedures in the shower or bath;
• periodic visits to a lawyer and / or defense counsel;
• on-site investigative activities, including confrontations, identification and investigative experiments.

Knowing about the conditions of serving a sentence in a pre-trial detention center, let's talk about the rules and procedures of detention here before the trial.

Rules and regulations

So, the rules of the internal order of pre-trial detention centers.

• Control over compliance with the regime of stay and the rules for storing prohibited items is carried out in the pre-trial detention center through periodic inspection of cells, sleeping places, pieces of furniture and household items. Such a check is always organized spontaneously so that the inmates do not have time to get rid of phones and other prohibited items or send them to another cell.
• Half an hour after getting up, the prisoners will receive breakfast, which, along with lunch and dinner, consists of first, second courses and tea. The nutritional value and taste of the prison gruel leave much to be desired, and for prisoners with a weak stomach, it can become a real test. Obvious contraindications against a standard diet can be the basis for a more dietary diet, including eggs, dairy products, chicken and beef.
• From 8 to 9 a.m. in the pre-trial detention center, there is a change of guards who go around as part of the delivery and receiving change of cells in order to examine and collect complaints and suggestions from prisoners, including about living conditions, electrical systems and communications.
• During the day, inmates can play board games given to inmates along with other compulsory items for personal and public use, as well as spend time reading books or, which at the end of the day can be handed over to the inspector staff of the isolation ward unsealed for censorship.
• After 22 o'clock, the lights in the cells are switched to night mode, illuminating the cells with dim light, in which a vigorous activity begins to exchange messages through the prison "telegraph", as well as transfer various objects and funds. Illegal activity dies down closer to dawn, shortly before the signal to rise.

The following video will tell you more about how to better behave in a pre-trial detention center:

Diseases Preventing Detention

For those with health problems, there is a way to avoid confinement if the prison doctor confirms one of the following:

Regardless of the disease, to use the right to be released from the isolation ward, a medical certificate will be required, which can only be issued by a commission, and the direction must be drawn up by an official in charge of the case, that is, an investigator or a judge.

We will tell you about the regimes of separation in the pre-trial detention center below.

Modes

• Usually, prisoners in pre-trial detention centers are kept in shared cells, and the most favorable conditions are created for adolescents and.
• Those who are characterized negatively and have repeatedly violated the rules of detention in a pre-trial detention center and discipline can be placed in solitary confinement cells (punishment cells) as a measure of behavior correction.
• Under the general regime of detention, the solitary stay of prisoners in cells is not allowed, in particular, even when walking or being sent to a shower / bath.
• Servicing of prisoners in the pre-trial detention center is carried out by the inmates who prefer to stay in the perimeter of the detention center, earning this privilege through cooperation with the administration and the investigation. The detention of such subjects is carried out in cells, but during the day they move within the perimeter without escort, performing duties in the economic part, in particular as food distributors, cleaners, etc.

We will tell you further what a sample of a complaint about detention in a pre-trial detention center should contain.

Complaint about conditions

If there are violations of the rights of a detainee while being held in a pre-trial detention center, he is authorized to file a complaint about the conditions or attitude of the inspector staff by filing a complaint of one of two types:

1. Not subject to censorship, including to: the prosecutor's office, the justice body, the European Court of Human Rights, as well as to the government authorities and the Human Rights Commissioner of the Russian Federation.
2. Subject to verification by a censor, when writing to an authority or organization that is not lawful to verify the activities of penitentiary institutions, including detention centers.

In the first case, the message is not opened and must be sent to the addressee within 3 days, and in the second, the envelope is not sealed, and the sending period is extended by the interval necessary for the censor to work, that is, by another 3 days. The content of the complaint must comply with the requirements for the correspondence of prisoners and not contain conventional signs, symbols and other signs of secret writing and encryption, as well as data that can complicate the disclosure of the case, contributing to the commission of a crime, etc.