Tarot cards are the most famous and most mysterious of all known ...
does being in a pre-trial detention center count as 1 day as 2 days after the entry into force of the sentence?
Lawyers Answers (3)
the answer depends on what type of punishment the defendant will be sentenced to:
If to imprisonment or to forced labor, or to detention in a disciplinary military unit or to arrest - the day is counted for the day;
If to restriction of freedom - one day for two;
If to correctional labor or to restrictions on military service - one day in three days
If to compulsory work - at the rate of one day of detention for eight hours of compulsory work
To clarify the answer, you need to know at least the article under which the citizen is accused (what crime)
Hello, according to article 49 of the Criminal Correctional Code of the Russian Federation "
1. The term of restriction of freedom, appointed as the main type of punishment, is calculated from the day the convicted person is registered by the criminal executive inspectorate.
2. The period of restriction of liberty, appointed as the main type of punishment, shall include the time of the convict's detention in custody as a measure of restraint at the rate of one day of detention for two days of restriction of liberty. When imposing restraint of liberty as an additional type of punishment, as well as when replacing the unserved part of the punishment in the form of deprivation of liberty with restraint of liberty, the term of restriction of liberty shall be calculated from the day the convict is released from the correctional institution. In this case, the time spent by the convicted person from the correctional institution to the place of residence or stay shall be included in the term of serving the sentence in the form of restriction of freedom at the rate of one day for one day.
The answer is simpler and more concise, if being in a pre-trial detention center was a measure of restraint (before the verdict entered into legal force), then it takes 1 day in 1 day. If he was in a pre-trial detention center during the period of serving a sentence, then 1 day in a pre-trial detention center is 2 days of imprisonment
Looking for an answer?
It's easier to ask a lawyer!
Leaving convicts in a pre-trial detention center or prison to perform housekeeping work
Until a court decision is made, suspects and accused persons, subject to the choice of a preventive measure in the form of detention, are in a pre-trial detention center. After the final decision of the court is made and the sentence is imposed, the convicted person has several so-called "ways":
According to the general rules, those sentenced to imprisonment after the entry into force of the court sentence, serve their sentence in a correctional institution (correctional institution) of the corresponding regime. If the person sentenced to imprisonment has not previously served a sentence of imprisonment, his serving of the sentence is assigned to a general regime penal colony (correctional colony) in accordance with Art. 77 of the RF PEC, he can be left in prison or pre-trial detention center to carry out household work. service.
Conditions for leaving convicts in a pre-trial detention center to carry out household work
Item 1, Art. 77 of the RF PEC provides for the consent of the convicted person to imprisonment for such abandonment. Consent must be expressed in writing. The need for agreement is associated with striking differences between conditions of detention in institutions such as pre-trial detention centers, prisons, and general-regime correctional colonies. Leaving a person sentenced to imprisonment in a pre-trial detention center without his consent is a direct violation of his legitimate interests and rights. A convicted person who has agreed to remain in a remand prison or prison may later change his decision and send a request to transfer him to serve his sentence in a general regime colony. It is the responsibility of the administration of the institution to satisfy such a request.
The law does not directly state that a person sentenced to imprisonment is left to perform housekeeping work in the very isolation ward in which he was, until the court's verdict comes into force, but this is an immutable rule arising from the content of the law itself.
Another condition for leaving a convict in a pre-trial detention center is the need for labor. Convicted persons are involved in this activity because it is impossible to attract suspects or accused detained in a pre-trial detention center to it. The main contingent of those in jail does not stay there permanently, as a rule, the period of stay does not exceed two months. The accused and suspects, according to the law, can be involved in households. work only within the institution, which does not allow them to perform all types of chores. Persons serving sentences in prisons can also be involved in household work with their consent, but, as you know, the transfer of an accused or suspect to prison is associated either with a significant danger of the committed act or with a violation of the order of serving the sentence. As in the first case, such prisoners can work only within the institution in which they are serving their sentence.
Summing up, we note that only those sentenced to imprisonment are left in a pre-trial detention center or prison who:
- are serving time for the first time;
- do not pose a public danger;
- cannot negatively influence the situation in the prison or pre-trial detention center;
- have a sentence of no more than 5 years;
- in the verdict, the specified type of correctional institution is a general regime penal colony;
- have reached the age of 18.
- cleaning of premises;
- cooking and serving food;
- repair work;
- washing dishes;
- landscaping, etc.
- Resolution of the Government of the Russian Federation of November 24, 1998 N 1371 "On the registration of facilities in the state register of hazardous production facilities" (with amendments and additions) Resolution [...]
- Ministry of Regional Development of the project documentation examination MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION dated February 19, 2010 N 6180-IP / 08 [On the state examination of the project [...]
- Order of the Ministry of Justice of the Russian Federation of November 19, 2008 No. 253 “On the organization of registration and use of official certificates of federal state civil servants and certificates of employees [...]
Types of chores and conditions of detention
To a greater extent, pre-trial detention centers and prisons are forced to involve convicts in the performance of work on economic services, because these jobs are not sufficiently prestigious and have low pay. Household services include:
Finding civilians for such work is quite problematic. Therefore, despite the fact that the law says about the exclusivity of cases of leaving convicts to imprisonment in a pre-trial detention center or prison, this practice is widespread everywhere.
Also, the law does not say about the influence of the behavior of the convict during his stay in the remand prison as a suspect (accused), on the possibility of leaving him to perform household duties. works, but in practice the SIZO administration leaves only those convicts who have proven themselves well.
It is forbidden to involve convicts, suspects, accused in the performance of households. works in special departments of the remand prison, which include: radio broadcasting centers, photo laboratories, as well as work on the repair and operation of engineering and technical means of security, communication and signaling, duplicating equipment and all types of vehicles ("Internal Regulations of the SIZO") ...
Item 2, Art. 77 of the RF PEC states that the convicted person is left to carry out household duties. works by the decision of the head of the prison or pre-trial detention center. According to paragraph 3 of Art. 77 of the RF PEC, convicts are kept separately from suspects and accused. This measure limits the ability to transfer information and objects, communicate with suspects or accused. The cell in which the convicts live is shared and is not locked. In order to preserve the conditions of serving a sentence in the form of imprisonment, convicts retain the right to a daily two-hour walk, which is carried out most often during daylight hours in accordance with the schedule. For walks on the territory of the institution, walking yards with rain canopies and benches for sitting are equipped. Only the doctor of the institution can cancel the walk, put in the schedule.
Are left to carry out households. work in jail or prisons convicted of both sexes (man and woman). Labor remuneration is carried out on a general basis. The work of the convicted person during the period of his stay after the entry into force of the court verdict in the remand prison or prison is entered in the work book and is included in the work experience of the employee.
Both the convict and the pre-trial detention center or prison receive benefits from interaction, the former has the opportunity to live in a cell that is not locked and receive wages for their labor, the latter to carry out most of the economic activities at the expense of the labor reserves of the convicts.
It would seem that after the entry into force of the court's verdict, the case was closed, the accused or suspect moved to the category of convicts, and the services of a lawyer in criminal cases were no longer needed. This is not the case, the assistance of a criminal defense lawyer is the settlement of issues with petitions, petitions and other documents. A criminal lawyer will help to build relationships with the administration of the institution where the convict is serving his sentence, and will assist in resolving issues with visits and visits to the prisoner.
Criminal lawyer Victoria Derzhavina
www.legalneed.ru
Serving a sentence in a detention center
Prosecutor's Office of the Komi Republic Official site
The procedure for leaving prisoners sentenced to imprisonment in a pre-trial detention center to carry out maintenance work
The development of the country and the formation of the rule of law in modern conditions are directly related to legal education. According to the Fundamentals of State Policy of the Russian Federation in the development of legal literacy and legal consciousness of citizens, the most important task of the state is to promote and explain the need for citizens to comply with their duties, respect the rights and legitimate interests of others. The development of the country and the formation of the rule of law in modern conditions are directly related to legal education. A significant role in these processes is assigned to the prosecutor's office. Exercising supervisory powers, the prosecutor also performs an educational function.
Legal education is inextricably linked with the solution of problems of prevention and prevention of offenses. The order of the Prosecutor General of the Russian Federation dated September 10, 2008 No. 182 "On the organization of work on interaction with the public, clarification of legislation and legal education" is devoted to the organization of this work.
Timely legal information, clarification of legislation to the population is a special type of prosecutorial activity. The capabilities of this section of the official website of the Prosecutor's Office of the Komi Republic are aimed not only at informing the population about the existing norms of the law, but also at developing skills, ways of orienting a person in a legal situation that is significant for him, and making a conscious choice of his legal behavior based on proper legal views and beliefs.
Leaving convicts to imprisonment in a pre-trial detention center to perform maintenance work is determined by the current criminal-executive legislation of the Russian Federation.
The purpose of such abandonment is to solve economic issues, service and maintenance of this type of institution.
At the same time, the law connects the possibility of leaving convicts in a pre-trial detention center to serve their sentences with a number of conditions.
First of all, attention is paid to the data characterizing the personality of the convicted person and the degree of social danger of the act committed by him. The law includes among the necessary for leaving data:
a) conviction to imprisonment for the first time;
b) the type of the designated correctional institution - a general regime correctional colony.
The second condition for leaving a convict in a pre-trial detention center is his consent, which must be expressed in writing. The need for the consent of the convicted person is due to the fact that serving a sentence in a pre-trial detention center is associated with the presence of specific conditions of these institutions, which differ significantly from the conditions that exist in correctional colonies of the general regime. Therefore, leaving the convicted person without his consent would be a violation of his rights and legitimate interests. If the convicted person, having given his consent to remain in the remand prison, subsequently changes his mind and asks to send him to serve his sentence in a general regime correctional colony, the administration of the institution is obliged to grant such a request.
The third condition for leaving a convict in a pre-trial detention center is the need for manpower to perform work on the economic maintenance of the institution. The involvement of convicts in this activity is due to the impossibility of imposing maintenance work on suspects and accused of committing crimes held in pre-trial detention centers. The specified contingent of persons is kept in custody, as a rule, within two months. The involvement of suspects and accused persons in labor can be carried out only with their consent and within the institution. All this makes it difficult to use suspects and defendants in household jobs.
The fourth condition, although not directly specified in the law, but arising from its content, is the fact that before the entry into force of the sentence, the convicted person was in the very pre-trial detention center where he remains to serve his sentence.
The decision to leave a convicted person to serve his sentence in a pre-trial detention center is taken by the head of the relevant institution. This decision is formalized by order.
The procedure and conditions for serving imprisonment in remand prisons or prisons are determined by Art. Art. 120, 121 of the RF PEC, establishing them for general regime correctional colonies. Taking into account the conditions of serving the sentence in pre-trial detention centers, the law specifically establishes that convicts have the right to a daily walk of two hours. The walk is carried out mainly during the daytime according to the appropriate schedule. For this purpose, walking yards are equipped on the territory of the institution, which are equipped with benches for sitting and awnings from the rain. Exemption from a walk is given only by a doctor (paramedic).
How is the period of stay in a pre-trial detention center calculated in relation to the total period of serving a sentence?
Good afternoon! Could you please tell me if the law “a day and a half in jail” is in effect now?
The bottom line is that an acquaintance is serving time in a general regime colony, the court gave 3.2, was convicted on 02/20/2017. He spent almost 6 months in a pre-trial detention center, and now the personal file indicates that the date of release is 04/19/20. I asked to inquire about this issue on the Internet, I found information that such a law was considered, but I did not understand whether it was adopted in the end.
Lawyers Answers (4)
Good morning Denis. No, there is no such law. The time spent in custody in a pre-trial detention center during the investigation and consideration of the criminal case by the court is counted in the term of serving the sentence one to one in the sentence. In this case, the period is counted exactly by day without any rounding off.
Thus, your acquaintance has been approximately in a pre-trial detention center since September 2016.If the court finally appointed 3 years and 2 months of imprisonment in the sentence, then he has 2 years and 8 months left to serve his sentence from 20.02.2017, that is, the approximate date of release is 20.10.2019 ... Perhaps there is a mistake in the personal file.
Have a question for a lawyer?
Good day. There is no such law.
This bill has been under consideration for 10 years, but it was not adopted and is unlikely to be adopted.
One to one when calculating the duration of work in a compulsory form, when arrested or imprisoned in a disciplinary military unit.
Two to one if the sentence provides for restriction of personal freedom.
Three to one when corrective labor or military service restrictions are imposed.
One day for eight hours if the punishment is limited to compulsory labor
Kulagin and Partners
Colleague, on Pravoved, plagiarism is strictly prohibited. All answers must be copyrighted. The texts of laws can be copied, of course. It will not be plagiarism, but quoting. And other people's expressions cannot be copied.
Distribution from the SIZO to the place of serving the sentence
Hello! My son will soon be assigned from jail-5 (arsenal) to the place of serving his sentence (strict regime, Article 228). They said that it is necessary to make an appointment with Potapenko at Zakharyevskaya, 14. I looked at what was written on the site , takes every Monday from 14 to 18 without appointment. Has anything changed or where can I make an appointment? What needs to be provided in order for a son to serve his sentence in St. Petersburg (Leningrad region)? Is it necessary to fill out any applications in advance? And can I get an appointment with a friend of my son or only one?
Thank you very much in advance.
Lawyers Answers (1)
Article 73 of the CEC RF. Places of serving imprisonment
1. Convicted to imprisonment, except for those specified in part four of this article, are serving their sentence in correctional institutions within the territory of the subject of the Russian Federation where they lived or were convicted. In exceptional cases, due to the state of health 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.In the absence of a correctional institution of the corresponding type in the subject of the Russian Federation at the place of residence or at the place of conviction or the impossibility of placing convicts in existing correctional institutions convicts are sent, in agreement with the relevant higher management bodies of the penal system, to correctional institutions located on the territory of another constituent entity of the Russian Federation, in which there are conditions for their placement.
Thus, the place of serving the sentence is determined not by the convicted person and not by his relatives.
Ask our lawyers a question - it's much faster than looking for a solution.
Life may turn out in such a way that one of your relatives may become convicted. Of course, this is a very difficult test not only for the convicted person himself, but also for his relatives.
If this does happen in your life, you need to remember and know about your rights.
First, let's figure out who the relatives are. According to Russian law, relatives are those who are related to the convicted person: spouse, wife, parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren.
For any person, the commission of a crime by a close relative and his condemnation is perceived as a misfortune, misfortune. And the natural reaction to what happened is a desire to help a loved one who finds himself in a similar situation far from home and family, in unusual conditions of imprisonment. But the majority at the same time immediately have a lot of questions, for example: “How to find out the address where the relative is serving the sentence? Can he write a letter or come on a date? Can I send money or a package? What things and products can be sent? " It is difficult to find answers to these and many other questions immediately after the incident.
One of the main rights of this category of persons is that they can be representatives of the convicted person. This representation is possible when the suspect or the accused is a minor. In this case, the legal representatives of the minor are: parents, adoptive parents, guardians or trustees of the minor, representatives of institutions or organizations in whose care the minor is, guardianship and guardianship authorities.
The second case of possible representation by the relatives of the convicted person - according to the ruling or by order of the court, one of the close relatives of the accused or another person, for whose admission the accused applies, may be admitted along with the lawyer. In proceedings before a magistrate, the specified person is allowed instead of a lawyer. Since the law establishes the right of the court (and not the obligation) to admit a close relative as a defender, such admission may be refused. In this case, the court must give reasons for its refusal.
When a convicted person is sentenced to a sentence of imprisonment, he is sent to a correctional institution. The administration of the pre-trial detention center is obliged to inform one of the relatives of the convict's choice about where he is going to serve his sentence. In order to fulfill this obligation, the administration of the remand prison shall send a notification to the relative indicated by the convicted person stating the time of the convict's departure from the remand prison, the address and name of the correctional institution to which the convicted person is sent. The notice indicates the date of the convict's departure from the SIZO, the name and address of the correctional institution where he will arrive. If the administration of the detention center fails to fulfill this obligation, the relatives of the convicted person have the right to apply to the higher bodies of the Ministry of Justice of the Russian Federation, to the prosecutor supervising the observance of the law in the execution of sentences, as well as to the court that passed the sentence.
Not later than 10 days after the administration of the remand prison receives a notice of the entry into force of the court's verdict, convicts are sent to serve their sentences. During this period, the convicted person has the right to short-term visits with relatives or other persons.
If there is a right to short-term and long-term visits, the type of the former is determined by the convicted person. Subsequent visits are granted after a period equal to the quotient of twelve months divided by the number of visits of this type due to the convict per year.
The number of visits is established depending on the type of correctional institution, the type of regime and the type of conditions for serving the sentence.
Close relatives of a citizen sentenced to compulsory labor, correctional labor, restraint of liberty, arrest or imprisonment may petition for a deferred execution of the sentence. In the execution of all other (including additional) penalties, the application of a deferral is not allowed.
Suspension of a sentence may be carried out if one of the following grounds exists:
1) the convict's illness, which prevents him from serving his sentence, until his recovery. Such diseases, in particular, include: tuberculosis, neoplasms, diseases of the endocrine system, mental disorders, diseases of the nervous system and sensory organs, diseases of the circulatory system, etc.
2) Pregnancy of a convicted person or the presence of young children, the presence of a convict who is the only parent of young children - until the youngest child reaches the age of fourteen, with the exception of those sentenced to restraint of liberty, imprisonment for crimes against the sexual inviolability of minors under the age of fourteen years, or imprisonment for a term exceeding five years for grave and especially grave crimes against the person.
3) Serious consequences or the threat of their occurrence for the convicted person or his close relatives, caused by fire or other natural disaster, serious illness or death of the only able-bodied family member, other exceptional circumstances - for a period established by the court, but not more than 6 months.
4) The voluntary desire of a convicted person to imprisonment for committing crimes for the first time, recognized as a drug addict, to undergo treatment for drug addiction, as well as medical and social rehabilitation - until the end of the course of treatment for drug addiction and medical and social rehabilitation, but not more than five years.
Payment of a fine may be deferred or deferred for a period of up to five years if immediate payment of it is impossible for the convicted person.
The question of the postponement of the execution of the sentence is decided by the court at the request of the convicted person, his legal representative, close relatives, defense lawyer, or on the proposal of the prosecutor.
A close relative of a convicted person, whose punishment is not related to isolation from society, has the right to apply to the administration of the criminal executive inspectorate with a written request to change the place of permanent residence (stay) of the convict, to change the place of work and (or) training of the convicted person, to leave the place of convict permanent residence (stay) at a certain time of the day, on the visit of the convicted person to certain places located within the territory of the corresponding municipality, or on the departure of the convict outside the territory of the respective municipality.
The application must contain information on the need:
- change of the place of permanent residence (stay) of the convict,
- changes in the place of work and (or) training of the convict,
- leaving the convict from the place of permanent residence (stay) at a certain time of the day,
- visits by the convicted person to certain places located within the territory of the respective municipality, or the convict's departure from the territory of the respective municipality.
The relatives of a person sentenced to imprisonment have the right to meet with him. The duration of visits can be shortened by the administration at the insistence of the persons on the date. Consolidation of dates or separation of one date into several is not allowed.
Convicted persons, at their request, are allowed to replace a long visit with a short, short or long visit with a telephone conversation, and in educational colonies a long visit with living outside the correctional institution by a short visit outside the educational colony.
Long visits are granted with the right to live together with a spouse, parents, children, adoptive parents, adopted children, siblings, grandfathers, grandmothers, grandchildren, with the permission of the head of the penitentiary institution - with other persons.
Persons sentenced to imprisonment may be granted the right to telephone calls, but not more than 15 minutes each. The right to telephone conversations of convicts contributes to the preservation and maintenance of socially useful contacts with loved ones, therefore their number is not limited.
Telephone calls are paid by convicts at their own expense or at the expense of their relatives or other persons. A convicted person wishing to call by phone submits a written application, in which he indicates the address and phone number he wants to call, as well as the duration of the conversation.
Upon arrival at the correctional institution, as well as in the presence of exceptional personal circumstances, the administration of the correctional institution provides the convict with the opportunity to have a telephone conversation at his request.
As a rule, the exercise of the right to telephone conversations is carried out during non-working hours, in specially equipped call centers or premises allocated for these purposes, equipped with subscriber devices with the technical ability to control the ongoing negotiations.
Persons sentenced to imprisonment are allowed to receive parcels, parcels and parcels from close relatives. Convicted women and persons held in educational colonies are granted such a right without limiting the number. For men - depending on the type of correctional institution. Convicts can receive parcels, parcels and parcels immediately upon arrival at the correctional institution. Upon their arrival at the address of persons who do not have the right, as well as released or deceased, they are returned to the senders (including close relatives) by cash on delivery, indicating the reasons for the return. Parcels and parcels addressed to convicts transferred to other correctional institutions are sent to the place of their new detention at the expense of the correctional institution.
The maximum weight of one parcel or parcel is determined by postal rules. The weight of one gear must not exceed the specified weight of one parcel.
Sick convicts, convicts who are disabled of the first or second group, may receive additional parcels and parcels in the quantity and range determined in accordance with the medical report.
Parcels, parcels and parcels with medicines and medical supplies received by convicts in accordance with a medical report are not included in the number of parcels, parcels and parcels. They are sent to the medical unit of the correctional institution for the treatment of the respective convicts.
Parcels, parcels and parcels are subject to mandatory inspection. Discovered prohibited items are seized. The prohibited items contained in the programs are returned to the person who transferred them, indicating the reasons for the return.
Parcels for convicts held in punishment cells are handed over after the penalty has been served. The administration of the correctional institution ensures the safety of the attachments of parcels, parcels and parcels, however, in the event of natural damage to these investments, due to long-term storage, it does not bear responsibility. In these cases, the delivery of food products from long-term stored parcels, parcels and parcels is carried out under the supervision of a health worker.
Between the previous and subsequent parcels, parcels and parcels, there is a period equal to the quotient of dividing twelve months by the total number of parcels (parcels and parcels) due to the convict per year (excluding those received as an incentive). When a convict is transferred from one conditions of detention to others, the frequency of receiving the following parcels, parcels, parcels is calculated from the date of receipt of the latter under the previous conditions of detention.
Persons sentenced to imprisonment are allowed to receive writing materials from their relatives in parcels, parcels and parcels. However, the Internal Rules stipulate that writing materials such as crayons, felt-tip pens, markers, ink, ink, ballpoint and helium refills (with the exception of blue and black), paints and carbon paper are prohibited items, and, accordingly, they sending in parcels is prohibited.
The relatives of a convicted person, according to the Criminal Executive Code of the Russian Federation, have the right to receive money transfers from convicted persons. Convicts make money transfers from their personal accounts.
Relatives of convicted women should know that the Criminal Executive Law of the Russian Federation allows convicts to leave short-term and long-term trips outside correctional institutions. Convicted persons are allowed short-term travel due to exceptional personal circumstances. Such circumstances may be: death or serious illness of a close relative that threatens the patient's life; a natural disaster that caused significant material damage to the convict or his family. In this case, the departure is carried out for up to seven days, not counting the time required for travel there and back.
If a woman has a long sentence, then the child should be handed over to relatives. With the consent of the relatives of the convicted woman and her herself, the child may be transferred first until the age of three. In any of these cases, a convicted woman may be allowed a short-term departure to accommodate a child in a family for up to 15 days, not counting the time required to travel there and back.
The Criminal Executive Code of the Russian Federation names the categories of convicts who may be allowed to travel, but on condition that they are accompanied by relatives or other persons. In this case, we are talking about convicts suffering from mental disorders that do not exclude sanity, convicts who are invalids of the first or second group and who need outside care for health reasons. These persons may require assistance, and they are allowed to leave only if relatives come for them, who will accompany them and bring them back.
Relatives need to remember that the procedure for permitting convicts to leave the prison is determined by the Internal Regulations of Correctional Institutions and is done in advance.
Convicted persons, as well as their relatives, need to remember that, despite the fact that they are in correctional institutions, they still have the right to marry. Of course, you cannot do without the help of your relatives, as well as your future spouse.
The Federal Law “On Acts of Civil Status” explains that in order to marry a convicted person, a person who wishes to marry him fills out an application for marriage according to the established model. Most often, this application is filled out in the registry office, located in the same place as the correctional institution. Then the application for the conclusion of marriage with the convicted person is transferred to the correctional institution, the leadership of which transfers it to the convicted person to fill it in the part that relates directly to him. Following this, the management of the correctional institution checks the correctness of the information indicated by the convict and his signature, and then sends this joint statement to the registry office.
If the convicted person wants to conclude the marriage, then the above actions are done in the reverse order.
The registry office, having accepted a joint application for marriage, appoints the date and time of its registration and warns the convict and the person wishing to marry him about this.
Persons who were previously in a registered marriage, in order to conclude a new marriage, must, among other things, present a document confirming the termination of the previous marriage (a certificate of divorce, a death certificate of a spouse, or a court decision on recognizing the marriage as invalid).
According to the Family Code of the Russian Federation, marriage registration must be completed within a month after the day following the day of submission of the application, and expires on the corresponding day of the next month.
Registration of marriage with convicts is carried out exclusively in the premises determined for this by the management of the correctional institution in agreement with the leadership of the registry office.
Registration of marriage with convicts serving a disciplinary penalty can be carried out only after serving this penalty.
Art. 142 of the Criminal Executive Code of the Russian Federation grants the parents of convicts the right to create parental committees in educational colonies.
The parental committees, which are part of the educational board of the educational colony, are called upon to help the latter in educational work.
Parents' committees assist the administration in organizing the educational process, in improving the material and living conditions of convicts, helping orphans, in the labor and household arrangements of released persons. The activities of parental committees are governed by a regulation approved by the head of the educational colony.
Employees of the prisoners' social protection group interact with representatives of the parental committee of the colony in order to assist convicts in resolving issues of social protection, labor and household arrangements.
As a rule, parental committees are created from parents, persons, persons replacing them, and other close relatives of convicts. The chairman of the parents' committee is a member of the educational council of the colony. Members of the parent committee can take part in the work of the council of the squad's educators.
The activities of parental committees are governed by a regulation approved by the head of the educational colony. From the composition of the parent committee, a chairman is elected, who is a member of the teaching and educational council, and a representative to the council of educators of the detachment.
The Parents' Committee has the right to:
- get acquainted in the prescribed manner with the housing and living conditions of minors in an educational colony;
- apply to public associations to provide assistance to orphans and persons deprived of parental care, as well as minors from disadvantaged families;
- to provide parcels and parcels to orphans and persons left without parental care, as well as convicts whose parents do not keep in touch with them during the period of serving their sentence;
- to assist the administration in providing civilian clothing for orphans and persons left without parental care who are released from an educational colony;
- together with the administration, apply to state bodies, public associations on issues of assistance to the educational colony in carrying out educational work with convicts.
The relatives of the convicted person, who have expressed a desire to apply to the President of the Russian Federation on their own behalf, must send (forward) their petition to the convicted person to be attached to his petition for pardon. It is important that all documents go to the pardon commission at the same time. The appeal of only relatives of the convicted person without his personal petition will not be considered in due order.
In an application for pardon, the relatives of the convicted person may indicate the reasons why they believe that the convicted person deserves a pardon. These reasons include: the difficult financial situation of the convict's family, which worsened after the conviction of a relative; the state of health of a relative of the convict who needs his care (with the attachment of documents on the state of health), etc.
1. Do convicts receive financial assistance after release.
1.1. We are not In Europe, unfortunately, convicts do not receive anything after their release in the Russian Federation.
2. Is there any kind of financial assistance to prisoners on release, and how much?
2.1. Hello! Convicted persons released from forced labor, arrest or imprisonment for a specified period are provided with free travel to their place of residence, they are provided with food or money for the duration of travel in the manner established by the authorized federal executive body.
In the absence of clothing necessary for the season or funds for its purchase, convicts released from prison are provided with clothing at the expense of the federal budget. They can be given a one-time cash allowance in the amount established by the Government of the Russian Federation.
The provision of food, clothing, the issuance of a one-time cash allowance, as well as travel payments for released convicts are made by the administration of the institution executing the sentence.
3. If honey. part of the convict Ik will refuse medical help, where to turn next.
3.1. Hello, If treatment is unlawfully denied, you need to write a complaint to the prosecutor's office in order to sort out the situation on the spot
I wish you good luck and all the best!
3.2. Good afternoon! In this case, there is a violation of the current legislation, so you should file a complaint with the prosecution authorities, on the basis of Art. 10 of the Federal Law on the Prosecutor's Office, let them understand this issue.
4. To whom to write an application for the provision of honey. help to the convict in Ik.
4.1. Good evening to you
Dear Oksana, in this case you need to write a statement to the head of the IR. If you do not respond, write a complaint to the district prosecutor's office.
4.2. Good day to you. Write to the head of the correctional facility. If there is no response Write to the prosecutor supervising the observance of laws in places of detention. Good luck and all the best.
4.3. Dear Oksana, you need to send an application for medical assistance to the convict to the name of the head of the penal colony.
5. You can apply to the prosecutor's office about not providing medical assistance to the convict in IK.
5.1. Hello, there are no forms, please write in free form with a statement of all the circumstances of the case and your requirements.
Good luck and all the best
5.2. Good afternoon! There are no samples for writing an application to the prosecutor's office. Write in any form describing the circumstances of the incident. You still need to write to the investigative committee.
5.3. Good afternoon! The prosecutor's office is not a court and the application can be written in free form, the main thing is to correctly write the heading of the application, in which the details of the prosecutor's office, details and the social status of the applicant must be indicated.
Wish you luck.
6. Where can a convicted person apply for medical treatment? help?
6.1. Good day to you. A convicted person must go to a prison hospital for medical assistance. Good luck and all the best.
6.2. Oksana, in order to provide medical assistance to suspects, accused and convicted persons, a medical unit is organized at the Institution, which is a structural subdivision of the Institution: an investigatory isolation ward (hereinafter - SIZO), a correctional institution (hereinafter - IU), including a correctional colony (hereinafter - IK), a medical correctional institution (hereinafter - LIU), an educational colony (hereinafter - VK), a prison) or a branch of a medical and preventive institution. The institution in which the medical unit is its structural subdivision performs the functions of a medical and prophylactic institution in relation to detained suspects, accused and convicted persons, by type of medical care (work and services) in accordance with the obtained license for medical activities.
6.3. Good afternoon! In this case, you need to contact the medical unit, you can through the head of the detachment, you can do this, they must provide the necessary assistance.
7. Where to go if the convict is not provided with medical assistance?
7.1. Good day! File a complaint with the prosecutor's office. The complaint is written in any form (in your own words), submitted by mail or delivered in person.
7.2. Hello. If she is definitely needed, then to the prosecutor's office and as soon as possible. And if the local doctor does not accept due to lack of real need, then the prosecutor's office will not help.
8. Can a convicted person be provided with free legal aid if he has no money? Or is he obliged to earn this help?
8.1. Good afternoon. Can be provided - in accordance with federal and regional laws on free legal aid. For example: a disabled person, a war veteran, a minor, a pensioner (on pension disputes).
9. Can I work in an ambulance with a canceled criminal record? Was I convicted under Article 145 Part 2 of the RSFSR, and will I be expelled from work after providing such a certificate?
9.1. You have no criminal record, although you have been convicted.
A conviction is a legal consequence of the commission of a crime and it lasts for a limited amount of time, depending on the severity of the act committed.
Considering that you were convicted back in the RSFSR, any conviction has already been canceled, and for a very long time.
10. How can I get a copy of the verdict in Moscow and send it to the region? The convict made several inquiries. No answer. Time is running. Do I need the help of a lawyer, and how to arrange everything.
10.1. If, for some reason, they do not send the convict, although they should do this, the only way out is to contact a lawyer who will receive a copy of the verdict in court.
10.2. I don’t understand your question. The convicted person receives the verdict on the day it was passed. As you write, I understand he didn’t get it. It cannot be.
11. Under what article can law enforcement officers be convicted if a guy asked for help, drowned, and they stood idle, waiting for the young man to die. Then they said it was suicide?
11.1. Good morning, Alina! Write a statement to the police and to the department of your own security, to the prosecutor's office. It is their duty to investigate, prosecute, qualify acts. The verdict is passed by the court.
12. I need a sample application for parole from the convict's wife, as she is sick and needs help, with the conditions that he will work, Thank you!
12.1. Drawing up legal documents is a paid service.
13. At the age of 18, she was conditionally sentenced to six months suspended under Article 159. (I was overpaid pension by 4 thousand). I don't think this conviction is fair. Is it possible to erase this stain from the biography? can't find a decent job. Now I'm 33. Thanks a lot for any help!
13.1. Unfortunately no, your criminal record will remain in the database forever.
14. I have previously consulted with you. I have a question. Where can a former probationer go for help in finding a job? The son was sentenced on probation 7 years ago and was amnesty for half of the term. For several years now, he has not been able to get a job ((The FSB is working everywhere (((The guy's hands just dropped already (Where can we turn for support? Thank you.
14.1. Try to contact the employment center with an application for registration as unemployed, but you should not blame the FSB, any employer has its own security service that checks applicants for a particular position, there is nothing illegal in this.
15. I heard that when convicts are released, financial assistance is provided. Where and in what amount can assistance be obtained?
15.1. Yes, indeed, small financial assistance is provided at the expense of the federal budget by the administration of the colony in accordance with Article 181 of the RF PEC
PEC RF Article 181. Rendering assistance to convicts released from serving their sentences
1. Convicted persons released from forced labor, arrest or imprisonment for a specified period are provided with free travel to the place of residence, they are provided with food or money for the duration of travel in the manner established by the authorized federal executive body.
2. In the absence of clothing necessary for the season or funds for its purchase, convicts released from prison are provided with clothing at the expense of the federal budget. They can be given a one-time cash allowance in the amount established by the Government of the Russian Federation.
16. Greetings.
Such a situation happened. After the convict was released, the police issued him his criminal case in full with the words "for memory."
Tell me if it is legal and where to go for help. Thank you.
16.1. The case must be kept in the archive of the court, and after the expiration of the limitation period, depending on the severity of the crime, it is destroyed.
16.2. Nothing illegal in this case is observed. If the convicted person believes that this violates his rights, he can file a complaint.
16.3. Dear site visitor! And who are you in the criminal case that you are so sincerely worried about the current situation?
17. I have this situation, I was convicted of 105 hours 1, although in fact 111 hours 4. In kration, the victim rushed at me with a press I kicked him broke his ribs according to the conclusion of forensic experts died within 24 hours from penetration of the rib bones into the lungs Qualified this dialect at 105 because of the phone that turned out to be with me, supposedly I took it so that he would not call for help.
17.1. You had a lawyer in court and he probably knows the whole situation - it is not clear what your question is about the site ... you need a lawyer on the spot to file a complaint with a higher court, or write a complaint yourself (appeal ...)
18. I was sentenced to compulsory treatment in a medical organization providing psychiatric care in a general inpatient setting, if it turns out that the psychiatric examination was wrong and I was healthy, what are the chances that the case will be reviewed and I will be sentenced to imprisonment (Article 228.1 part 4).
What is it like in practice such cases are reviewed, or if the compulsory treatment is removed, they will leave me alone?
18.1. This can only be done if new circumstances unfold, unknown at the time of the decision to declare you insane.
19. Please, my boyfriend was convicted in 2014 under article 30, part 3-228.1 h 2 pb, was given 5 years probation. In 2017, they were judged under article 111, part 2 b, h. In total, they were given 6.6 years. Can he count on udo at the opening of half of the term? Thank you in advance for your help.
19.1. No. Parole is possible upon serving at least three quarters of the sentence imposed for crimes against the sexual inviolability of minors, as well as for grave and especially grave crimes related to the illegal circulation of narcotic drugs, psychotropic substances and their precursors.
19.2. 111 h. 2 is grave a crime. You also need to know if he was previously released on parole. Parole is applied if he has served: at least one third of the sentence imposed for a crime of little or medium gravity; not less than half of the term of punishment assigned for a serious crime; not less than two-thirds of the term of punishment imposed for an especially grave crime, as well as two-thirds of the term of punishment assigned to a person who was previously released on parole; not less than three-quarters of the sentence imposed for crimes against the sexual inviolability of minors.
20. I ask for help! My acquaintance was convicted under Article 160, imposed a fine, can he now be fired from his job and on what basis? Thanks in advance! "Based on the materials of the legal social network.
20.1. As provided by article 81 of the Labor Code of the Russian Federation
"An employment contract can be terminated by the employer in the following cases:
7) the commission of guilty actions by an employee who directly serves monetary or commodity values, if these actions give rise to the loss of confidence in him on the part of the employer. "
At the same time, paragraph 45 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application of the Labor Code of the Russian Federation by the courts of the Russian Federation" explains the following:
"45. The courts need to keep in mind that termination of an employment contract with an employee under paragraph 7 of part one of Article 81 of the Code due to loss of confidence is possible only in relation to employees directly serving monetary or commodity values \u200b\u200b(reception, storage, transportation, distribution, etc.) .p.), and provided that they committed such culpable acts that gave the employer a reason for losing confidence in them.
If the fact of theft, bribery and other mercenary offenses is established in the manner prescribed by law, these employees may be dismissed on the basis of loss of confidence in them and in the event that these actions are not related to their work. "
If your acquaintance directly serves monetary or commodity values, then the employment contract with him may be terminated by the employer on this basis.
Yours faithfully,
Dmitry Zavalny.
21. Please tell me, under article 161 part 2.166 h 2.162 h 4, and under article 105 part 2, there are some changes and what can be written to reduce the sentence from 21 years old, I ask for help, it was not fair, jury trial.
21.1. Hello! If the verdict has entered into legal force, then it can be appealed in the supervisory order. Let the convicted person or his defense lawyer file a supervisory complaint.
22. The brother was unlawfully convicted under Art. 159 of the Criminal Code of the Russian Federation to 7 years in a general regime colony. He has been sitting for the fifth year. He filed a cassation appeal to annul the sentence on the basis of violation of the secrecy of the deliberations of the judges. Can I ask you for help?
22.1. Good afternoon! Dmitry, what help do you need? Your brother has already filed a cassation appeal. Do you think that something will change from participation in the appeal of a lawyer? Hardly. It is necessary to draw up a cassation appeal correctly in the first place.
23. I am a disabled person of the 1st group (a wheelchair user), I need outside help, I lived with my son, who was convicted under Article 111 part 4 for a term of 8 years. Can I apply for a mitigation of the sentence not related to imprisonment, because left without care? The son also has a 2nd disability group.
23.1. In case of disagreement with the verdict, the convicted person has the right to appeal it to the court of appeal, incl. indicating in the complaint the circumstances that you stated.
24. I really need help. The man lived in his mother's apartment, social rent. Was convicted. While in the MLS, he made a request to the police, he was told that the apartment was occupied, he would not live. In 2013, the man was forced to be released to the rehabilitation center for the w / c. Now he wants to defend his right to housing. First, through a request to the local mayor's office, to provide housing, if refused, to the court. Answer, will the officials of the mayor's office refer to the statute of limitations? Thanks.
24.1. There are few case materials in the question. Officials will refer to the statute of limitations and whatever.
A citizen needs to defend his rights. To restore the missed terms.
If possible, seek the help of a lawyer.
24.2. Hello,
If the man was in prison, then the terms for going to court can be restored. More detailed information and legal perspectives can be discussed with a lawyer in person
Detailed and detailed legal advice with a discussion of all the nuances and details of your situation is paid. Contact any lawyer on the site for a face-to-face consultation in private messages.
I wish you good luck and all the best!
25. Help, giving me a hint, according to the current accounting and provision of municipal housing in North Ossetia-Alania, namely the regulatory documents, I will have another housing commission, at which the new Head of Administration promised me concrete help in correcting the situation. He angrily denounced the lawlessness of his predecessor.
25.1. To recognize a citizen in need of better housing conditions, it is necessary to have two conditions simultaneously:
1) recognition of a citizen as poor
2) the presence of a citizen and his family members of living space less than the accounting norm.
This is indicated in Art. 51 LCD RF.
The accounting rate is established by each municipality independently.
25.2. Greetings, Svetlana! Contact me by phone, which is listed on my page. You can call at any time.
26. Hello, I need help for already convicted 2nd accomplices 210 h 1/2 228.1 h 5 I need help in mitigating the sentence and, in general, constant help and support in the camp from the repression of operatives.
26.1. Hello Mikhail! Practical issues in the branches of law you are interested in do not belong to my professional specialization. I recommend contacting another specialist. I hope for your understanding...
26.2. Good afternoon! If you disagree with the court verdict, you have the right to appeal against it on your own initiative with the participation of the defense. The appeal must provide grounds that can be taken into account when imposing punishment and mitigating it. At the same time, you can indicate that certain circumstances were not taken into account by the court of first instance. You can appeal the verdict within 10 days from the date of receipt of its copy.
27. There was a criminal record on 18.01.2008 convicted under p.1 article 116 a fine of 10,000. Then on 25.11.2008 he was convicted of part 1 of art. 111, part 1 of Art. 158. On August 31, 2011, he was released after serving his sentence. I work in the state organization of the ambulance station as a driver. They asked for a certificate of a criminal record. I gave it to am.
27.1. Good afternoon!
So what is the question? You are not a medical professional and there is no direct prohibition in the law for the implementation of the named work activity.
28. I don't remember such a question of the case number, but I want to prove that I was not legally convicted for this, it is necessary to find a copy of the verdict which, with the help of the FSIN, I lost in ik what to do.
28.1. Good afternoon to you.
Dear Rotarywing, in this case, apply to the court that convicted you. You must be given a copy of the verdict. For now, you can go to the court's website and find your verdict on the website.
29. How to find out under what article a person was convicted knowing his full name and date of birth? Who can help to do this.
29.1. Good afternoon.
The legal way is to look at open data banks containing information on sentences handed down by courts.
30. The son was sentenced to 228 h. 2. Before that, there was a suspended sentence. I was given 4 years, is in Orenburg IK 1, I am in the group, with all the troubles, my condition has worsened, so I can not work. There is only a pension of 7500, Tell me what you can do to reduce the term of your son's conviction. Is it possible to count on 80 st, or for a settlement in your region in Tyumen. I will be sincerely grateful for your help, I am lost, life has become dull.
30.1. Hello. 4 years of imprisonment for a serious crime, given that the punishment was imposed on the basis of cumulative sentences, is not even very bad. Replacement of the unserved part of the sentence with a milder form or parole are possible only after the actual serving of at least half of the sentence, i.e. two years. In this case, the court takes into account the behavior of the convicted person for the entire period of serving the sentence.
There are some situations that are so scary that you never think about them in relation to yourself. Everything seems to happen to someone else, in a movie, far from you and your family. But in life anything can happen.
Of course, we should be optimistic and hope for the best. But, as they say, being prepared for the worst does not hurt.
It's about the prison, and what to do if you get there. Yes, it's scary to think about this, therefore, you can just read this article and keep it deep in your memory, in the hope that such information will never be needed either by you or your loved ones.
Control yourself and try not to show that you are scared. But do not mask the fear with arrogance. Yes, a terrible picture will appear before your eyes, but it must be endured. And here you can survive, no matter what.
When you enter the cell, say hello and say your name. Yet you have come to someone else's "house". Do not expect to be greeted warmly and seated to drink tea. In no case do not extend your hand for acquaintance. Be glad if they don't answer you. This is not the worst reaction.
In any cell there is a "boss", and it would be good to find out right away. Only he will tell you where you can stay, what rules must be observed, how to whom to contact, what responsibilities you will have. Be attentive to detail. Some prisoners' belongings should not be touched, and you need to determine which ones. They are called "omitted".
Don't tell everything about yourself at once. Don't ask too many questions. Better to be silent. If someone is asking about the reason for your imprisonment, do not give in. Most likely, the information is passed on to the investigator. It is better to try to clarify for what purpose you are interested in these circumstances. The answer is unlikely to follow, but the questions should stop. Senseless talk about anything is also not welcome.
As difficult as it is, try to keep yourself and your belongings clean. Remember to wash your hands. If you are impatient to use the toilet, and some of the inmates are eating, bear with it. Otherwise, you will be insulting.
Speak little and think over every word. Some of them have a different meaning in prison and are better used. Think about what to say, and whether it's worth it at all. You cannot take someone else's, even if it seems to you that it does not belong to anyone. And you have to share your own. The rules suggest that you contribute your share to the "hostel", so if you were given food, do not hide it. And don't be afraid that someone will steal.
Look at the situation sensibly. Yes, you need not to lose hope, but every day you should not expect that everything that happens will turn out to be a mistake. Otherwise, you will go crazy. Try to accept the state of affairs and hold on with all your might.
Everywhere there are rules, and whether you like them or not, they must be followed.
If you have time to pack, don't forget the following things:
Large bag. You will store things in it. No lockers will be provided. - Cigarettes. It doesn't matter if you smoke or not. This is one of the currency units in the prison. - Tea, preferably more. They can also be paid for or exchanged. - Take comfortable, sporty clothes (T-shirts, slippers, socks). Red color indicates cooperation with security. - Soap for washing and washing. - A razor. - Linens. - Handkerchiefs. - Spoon, mug, bowl (knife and fork will not be missed). - Boiler. - Thread-needles, a couple of pens, a notebook. - Food products like onions, lard, rusks, sugar. Canned food will also be confiscated.
