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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 - a day is counted as a day;
If to the restriction of freedom - one day for two;
If to corrective labor or to restrictions on military service - one day in three days
If 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 liberty imposed as the main type of punishment shall be calculated from the date of registration of the convict by the penitentiary inspectorate.
2. The period of restriction of liberty imposed as the main type of punishment shall include the time spent in custody as a measure of restraint at the rate of one day of detention for two days of restriction of liberty. When a restriction of freedom is imposed as an additional type of punishment, as well as when the unserved part of the punishment in the form of deprivation of liberty is replaced by restriction of liberty, the period of restriction of liberty is calculated from the day the convicted person is released from the correctional institution. At the same time, the time spent by the convict from the correctional institution to the place of residence or stay is counted in the period of serving the sentence in the form of restriction of freedom at the rate of one day for one day.
I will answer more simply and concisely, if being in a pre-trial detention center was a preventive measure (before the sentence entered into force), then it takes 1 day for 1 day. If he was in a pre-trial detention center during the period of serving his sentence, then 1 day in a pre-trial detention center is 2 days of imprisonment
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Leaving convicts in a pre-trial detention center or prison to perform housekeeping work
Until the decision of the court, suspected and accused persons, subject to the choice of a measure of restraint in the form of detention, are in a pre-trial detention center. After the final decision of the court and the imposition of punishment, the convicted person has several so-called "paths":
According to general rules sentenced to imprisonment after the entry into force of the court sentence, serve their sentence in a penitentiary (correctional institution) of the corresponding regime. If a person sentenced to deprivation of liberty has not previously served a sentence in the form of deprivation of liberty, his serving of the sentence is assigned to a correctional colony of general regime in accordance with Art. 77 of the Penal Code of the Russian Federation, he can be left in prison or a pre-trial detention center to perform household work. service.
Conditions for leaving convicts in a pre-trial detention center to perform household work
P. 1, Art. 77 of the Penal Code of the Russian Federation provides for the consent of the convict to deprivation of liberty to such abandonment. Consent must be expressed in writing. The need for consent is associated with striking differences between the conditions of detention in institutions such as pre-trial detention centers, prisons and penal colonies of general regime. Leaving a convict sentenced to deprivation of liberty in a pre-trial detention center without his consent is a direct violation of his legitimate interests and rights. A convict who has agreed to remain in a pre-trial detention center or prison may later change his mind and send a request to be transferred 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 deprivation of liberty is left to perform housekeeping work exactly in the isolation ward in which he was until the court verdict enters 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 force. The convicts are involved in this activity because it is impossible to involve the suspects or the accused in the pre-trial detention center. The main contingent of those in the pre-trial detention center does not stay there permanently, as a rule, the period of stay does not exceed two months. Defendants and suspects, according to the law, can be brought to 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 chores 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 for serving a sentence. Just 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 deprivation of liberty are left in a pre-trial detention center or prison who:
- serve time for the first time;
- do not pose a public danger;
- cannot negatively influence the situation in a prison or pre-trial detention center;
- have a sentence of not more than 5 years;
- in the verdict, the indicated type of correctional institution is a correctional colony of general regime;
- have reached the age of 18.
- cleaning of premises;
- food preparation and distribution;
- carrying out repair work;
- washing dishes;
- landscaping, etc.
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Types of economic work and conditions of detention
To a greater extent, pre-trial detention centers and prisons are forced to involve convicts in the performance of household services, because these works are not prestigious enough and have low pay. Business services include:
It is quite problematic to find civilians for such work. Therefore, despite the fact that the law says about the exclusivity of cases of leaving those sentenced to deprivation of liberty in a pre-trial detention center or prison, this practice is widespread everywhere.
Also, the law does not say about the impact of the behavior of the convict during his stay in the pre-trial detention center as a suspect (accused), on the possibility of leaving him to do household chores. works, but in practice the administration of the pre-trial detention center leaves only those convicts who have proven themselves well.
It is forbidden to involve convicts, suspects, accused in the implementation of households. work in special departments pre-trial detention center, which include: radio broadcasting units, photographic laboratories, as well as work on the repair and operation of engineering and technical means of protection, communications and signaling, multiplying equipment and all types of vehicles (“Internal Rules of the Pre-trial Detention Center”).
P. 2 Art. 77 of the Penal Code of the Russian Federation states that the convict is left to perform the household. work by the decision of the head of the prison or pre-trial detention center. According to paragraph 3 of Art. 77 of the Penal Code of the Russian Federation, convicts are kept separately from suspects and defendants. This measure limits the possibility of transferring information and items, communicating with suspects or accused. The cell in which the convicts live is shared and is not locked. In order to maintain the conditions of serving a sentence in the form of deprivation of liberty, convicts retain the right to a daily two-hour walk, which is most often carried out during daylight hours in accordance with the schedule. For walks on the territory of the institution, walking yards with shelters from the rain and benches for sitting are equipped. Only the doctor of the institution can cancel the walk indicated in the schedule.
Left to perform households. work in a pre-trial detention center or prisons by convicts of both sexes (a man and a woman). Remuneration is carried out on a general basis. The work of a convicted person during his stay in a pre-trial detention center or prison after the entry into force of a court sentence is recorded in work book and is included in the work experience of the employee.
Both the convict and the remand prison or prison benefit from interaction, the former has the opportunity to live in a cell that is not locked and receive wages for their work, the latter carry out most of the economic activity at the expense of labor reserves from convicts.
It would seem that after the entry into force of the court verdict, the case was closed, the accused or suspect moved into the category of convicts and the services of a lawyer in criminal cases were no longer needed. This is not so, the help of a criminal lawyer is the settlement of issues with petitions, petitions and other documents. A criminal lawyer will help to properly build relationships with the administration of the institution where the convict is serving his sentence, assist in resolving issues with visits and visits to the prisoner.
Criminal lawyer Victoria Derzhavina
www.legalneed.ru
Serving a sentence in jail
Prosecutor's Office of the Republic of Komi Official website
The procedure for leaving convicts sentenced to deprivation of liberty in a pre-trial detention center to perform housekeeping work
The development of the country and the formation of the rule of law in modern conditions directly related to legal education. According to the Fundamentals of State Policy Russian Federation in the field of developing legal literacy and legal awareness 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. Prosecution authorities play a significant role in these processes. 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, explanation of the legislation to the population is a special type of prosecutorial activity. The possibilities of this section of the official website of the Prosecutor's Office of the Republic of Komi 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 significant legal situation for him, conscious choice their legal behavior on the basis of proper legal views and beliefs.
Leaving those sentenced to deprivation of liberty in a pre-trial detention center to perform housekeeping services is determined by the current criminal executive legislation of the Russian Federation.
The purpose of such abandonment is to resolve economic issues related to the maintenance 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 a sentence with the presence of a number of conditions.
First of all, attention is drawn to the data characterizing the personality of the convict and the degree of public danger of the act committed by him. Among the data required for leaving data, the law includes:
a) sentenced to imprisonment for the first time;
b) the type of the appointed correctional institution - a correctional colony of general regime.
The second condition for leaving a convicted person in a pre-trial detention center is the presence of his consent, which must be expressed in writing. The need for the convict's consent 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 penal colonies of general regime. Therefore, leaving the convict without his consent would be a violation of his rights and legitimate interests. If the convict, having agreed to be left in the pre-trial detention center, later changes his mind and requests that he be sent to serve his sentence in a penal colony of general regime, the administration of the institution is obliged to satisfy such a request.
The third condition for leaving a convict in a pre-trial detention center is the need for labor force to perform work on the housekeeping of the institution. The involvement of convicts in this activity is caused by the impossibility of assigning household services to the suspects and those accused of committing crimes held in pre-trial detention centers. This contingent of persons is held in custody, as a rule, within two months. Engagement of suspects and accused persons to work can be carried out only with their consent and within the limits of the institution. All this complicates the possibility of using the suspects and the accused in household work.
The fourth condition, although not directly specified in the law, but arising from its content, is the fact that before the sentence came into force, the convict was in the same pre-trial detention center where he remains to serve his sentence.
The decision to leave the convicted person to serve his sentence in a pre-trial detention center is made by the head of the relevant institution. The said decision is issued by order.
The procedure and conditions for serving deprivation of liberty in pre-trial detention centers or prisons are determined by Art. Art. 120, 121 of the Penal Code of the Russian Federation, establishing them for correctional colonies of general regime. Taking into account the conditions of serving sentences 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 daylight hours 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 canopies from the rain. Exemption from a walk is given only by a doctor (paramedic).
How is the term of stay in a pre-trial detention center calculated relative to the total term of serving a sentence?
Good afternoon! Please tell me, is the law “a day and a half in a pre-trial detention center” still in effect?
The bottom line is that a friend is serving a term in a general regime colony, the court gave 3.2, was convicted on February 20, 2017. He spent almost 6 months in a pre-trial detention center, and now the personal file indicates that the release date 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 of detention in a pre-trial detention center during the investigation and consideration by the court of a criminal case is counted in the term of serving the sentence one to one in the verdict. In this case, the period is counted exactly by the day without any rounding.
Thus, your friend has been approximately in a pre-trial detention center since September 2016. If the court finally appointed 3 years and 2 months in prison in the verdict, then he has 2 years and 8 months left to serve from 02/20/2017, that is, the approximate date of release is 10/20/2019 . Maybe it's a personal mistake.
Have a question for a lawyer?
Good day. There is no such law.
This bill has been under consideration for 10 years already. However, it has not been adopted and is unlikely to be accepted.
One to one when calculating the duration of work in a forced form, when arresting or appointing detention in a military unit for disciplinary purposes.
Two to one if the sentence involves the restriction of personal freedom.
Three to one when corrective labor or restrictive military service sanctions are imputed.
One day for eight hours if the punishment is limited to compulsory work
Kulagin & Partners
Colleague, plagiarism is categorically prohibited on Pravoved. All answers must be original. The texts of laws can be copied, of course. This will not be plagiarism, but quoting. You can't copy other people's expressions.
Distribution from a pre-trial detention center to a place of serving a sentence
Hello! In the near future, my son will be transferred from SIZO-5 (arsenal) to a place of serving a sentence (strict regime, art. 228). They said that it was necessary to make an appointment with Potapenko at 14 Zakharyevskaya. , accepts every Monday from 14 to 18 without an appointment. Has something changed or where can I make an appointment? What do I need to provide in order for my son to serve his sentence in St. Petersburg (Leningrad region)? Is it necessary to fill out any applications in advance? And will I be able to get to the appointment with a friend of my son or only one?
Thank you very much in advance.
Lawyers Answers (1)
Article 73 of the Penal Code of the Russian Federation. Places of imprisonment
1. Those sentenced to deprivation of liberty, except for those specified in part four of this article, serve their sentences in correctional facilities within the territory of a constituent entity 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 sentence in an appropriate correctional institution located on the territory of another subject of the Russian Federation.
2.If there is no 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 facilities convicts are sent in agreement with the relevant higher authorities of the penitentiary system to correctional facilities located on the territory of another subject of the Russian Federation, in which there are conditions for their placement.
Thus, the place of serving the sentence is determined not by the convict and not by his relatives.
Ask our lawyers a question - it's much faster than looking for a solution.
Life may turn out so that one of your relatives may become convicted. Of course, this is a very difficult test not only for the convict himself, but also for his relatives.
If this happened in your life, you need to remember and know about your rights.
First, let's figure out who these relatives are. According to Russian law, relatives are those who are related to the convict: spouse, 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 the desire to help. close person who found himself in a similar situation far from home and family, in unusual conditions of imprisonment. But at the same time, the majority immediately have a lot of questions, for example: “How can I find out the address where a relative is serving his sentence? Can he write a letter or come on a date? Can I send money or a parcel? What items 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 convict. This representation is possible when the suspect or accused is a minor. AT this case legal representatives of a minor are: parents, adoptive parents, guardians or custodians of a 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 - by a court ruling or order, one of the close relatives of the accused or another person, for whose admission the accused applies, may be admitted as a defense counsel along with the lawyer. In proceedings before a justice of the peace, the said person is also 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 denied. In this case, the court must justify its refusal.
When a convicted person is sentenced to imprisonment, he is sent to a correctional institution. The administration of the pre-trial detention center is obliged to notify 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 sends a notice to the relative of the convicted person, which informs the time of departure of the convict 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 departure of the convicted person from the pre-trial detention center, the name and address of the correctional institution where he will arrive. If the administration of the pre-trial detention center fails to fulfill this duty, the relatives of the convict 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 issued the sentence.
Not later than 10 days after the administration of the pre-trial detention center receives a notice of the entry into force of the court sentence, convicts are sent to serve their sentences. During this period, the convict has the right to a short visit with relatives or other persons.
If there is a right to short-term and long-term visits, the type of the first visit is determined by the convict. Follow-up visits are granted after a period equal to the division of twelve months 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, restriction of freedom, arrest or imprisonment may file a petition for a stay of execution of the sentence. In the execution of all other (including additional) punishments, the application of a delay is not allowed.
Suspension may be granted for one of the following reasons:
1) illness of the convict that prevents the serving of the sentence - until his recovery. Such diseases, in particular, include: tuberculosis, neoplasms, diseases of the endocrine system, mental disorders, diseases nervous system and sensory organs, diseases of the circulatory organs, etc.
2) Pregnancy of a convict or the presence of young children, the presence of a convict who is a single parent, young children - until the youngest child reaches the age of fourteen, with the exception of those sentenced to restriction of liberty, imprisonment for crimes against the sexual inviolability of minors under the age of fourteen years, or imprisonment for a term of more than five years for grave and especially grave crimes against a person.
3) Grave consequences or the threat of their occurrence for the convicted person or his close relatives, caused by a 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 person sentenced to imprisonment for committing crimes for the first time, recognized as a drug addict, to undergo a course of 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.
The payment of a fine may be deferred or spread over a period of up to five years, if its immediate payment 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 counsel, or on the proposal of the prosecutor.
A close relative of the convict, whose punishment is not related to isolation from society, has the right to apply to the administration of the penitentiary inspection 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 convict, to leave the convict from the place permanent residence (stay) at a certain time of the day, about visiting certain places located within the territory of the corresponding municipality, or about the convict leaving the territory of the corresponding municipality.
The application must contain information about the need:
- changes in the place of permanent residence (stay) of the convict,
- changes in the place of work and (or) training of the convict,
- departure of the convict from the place of permanent residence (stay) at a certain time of the day,
- visits by the convict to certain places located within the territory of the relevant municipality, or the departure of the convict outside the territory of the relevant municipality.
Relatives of a person sentenced to deprivation of liberty have the right to visit him. The duration of visits may be reduced by the administration at the insistence of the persons on the visit. Combining dates or separating one date into several is not allowed.
At their request, convicts are allowed to replace a long visit with a short, short-term or long-term visit with a telephone conversation, and in educational colonies a long visit with residence outside the correctional institution with a short-term visit with an exit outside the educational colony.
Long visits are granted with the right to cohabit with a spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren, with the permission of the head of the correctional institution - with other persons.
Persons sentenced to deprivation of liberty may be granted the right to telephone conversations, but not more than 15 minutes each. The right to telephone conversations of convicts contributes to the preservation and maintenance of socially useful ties with relatives, so their number is not limited.
Telephone conversations are paid by convicts at their own expense or at the expense of their relatives or other persons. A convict wishing to make a phone call must submit a written application indicating the address and telephone 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 of a telephone conversation at his request.
As a rule, the exercise of the right to telephone conversations is carried out after hours, in specially equipped call centers or premises of institutions allocated for this purpose, equipped with subscriber devices with the technical ability to ensure control over ongoing negotiations.
Those sentenced to deprivation of liberty 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. Men - depending on the type of correctional institution. Convicts can receive parcels, parcels and parcels immediately upon arrival at the correctional facility. When they arrive at the address of persons who do not have the right to do so, as well as released or deceased, they are returned to the senders (including close relatives) 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 transmission should not exceed the established weight of one parcel.
Sick convicts, convicts who are invalids of the first or second group may receive additional parcels and parcels in the amount and assortment determined in accordance with the medical report.
Parcels, transfers and parcels with medicines and medical supplies received by convicts in accordance with a medical report are not included in the number of parcels, transfers and parcels. They are sent to the medical unit of the correctional facility for the treatment of the convicts concerned.
Parcels, transfers and wrappers are subject to mandatory screening. Prohibited items found will be confiscated. Prohibited items contained in transfers shall be returned to the person transferring them, indicating the reasons for the return.
Parcels to convicts held in punishment cells are handed over after the punishment has been served. The administration of the correctional institution ensures the safety of parcels, transfers and parcels, however, in case of natural damage to these investments due to long-term storage, it is not responsible. In these cases, the issuance of food products from long-term stored parcels, transfers and parcels is carried out under the supervision of a health worker.
Between the previous and subsequent parcels, parcels and parcels, a period is maintained equal to the division of twelve months by the total number of parcels ( parcels and parcels) due to the convicted person per year (excluding those received as incentives). When a convict is transferred from one detention condition to another, the frequency of receipt of the following parcels, transfers, parcels is calculated from the date of receipt of the last one under the previous conditions of detention.
Those sentenced to deprivation of liberty are allowed to receive writing materials from their relatives in parcels, parcels and parcels. However, the Internal Regulations establish that such writing materials as colored pencils, felt-tip pens, markers, ink, ink, ballpoint and helium refills (with the exception of blue and black colors), paints and carbon paper are prohibited items, and, accordingly, their sending in parcels is prohibited.
Relatives of the convict, according to the Penal Code of the Russian Federation, have the right to receive money transfers from convicts. Convicts make money transfers from their personal personal accounts.
Relatives of convicted women should be aware that the Penitentiary Law of the Russian Federation allows convicts to make short-term and long-term trips outside correctional facilities. Short-term trips to convicts are allowed due to exceptional personal circumstances. Such circumstances may be: death or serious illness of a close relative that threatens the life of the patient; 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 herself, the child may be transferred first before reaching the age of three. In any of these cases, a convicted woman may be allowed a short-term departure to place a child in a family for a period of up to 15 days, not counting the time required for 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 disabled of the first or second group and who need outside care for health reasons. These persons may require assistance and are only allowed to leave if relatives come and accompany them and bring them back.
Relatives need to remember that the procedure for allowing convicts to travel outside places of deprivation of liberty is determined by the Internal Rules of Correctional Institutions and this is done in advance.
Convicts, as well as their relatives, need to remember that, despite the fact that they are in correctional facilities, 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 Civil Status Acts” explains that in order to marry a convict, 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 at the registry office, located in the same place as the correctional institution. Then the application for marriage with the convicted person is transferred to the correctional institution, the management of which transfers it to the convicted person for filling 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 application to the registry office.
If the convict himself wants to conclude the marriage, then the above steps are done in reverse order.
The registry office department, having accepted a joint application for marriage, sets the date and time of its registration and warns the convict and the person wishing to marry him about this.
To enter into a new marriage, persons who have previously been in a registered marriage must, among other things, present a document confirming the termination of the previous marriage (certificate of divorce, death certificate of a spouse or a court decision declaring the marriage invalid).
According to the Family Code of the Russian Federation, marriage registration must be completed in month after the day following the day of filing the application and expires on the corresponding day of the following month.
Registration of marriage with convicts is carried out exclusively in the premises determined for this by the leadership of the correctional institution in agreement with the leadership of the registry office.
Marriage registration with convicts serving a disciplinary sanction may be carried out only after this sanction has been served.
Art. 142 of the Criminal Executive Code of the Russian Federation gives the parents of convicts the right to create parental committees in educational colonies.
The parental committees that are part of the educational and educational council of the educational colony are called upon to help the latter in educational work.
Parental committees assist the administration in organizing the educational process, in improving the material and living conditions of convicts, in helping orphans, in the work and household arrangements of released persons. The activity of parental committees is regulated by a regulation approved by the head of the educational colony.
With representatives of the parent committee of the colony in order to assist convicts in resolving issues social protection, labor and household arrangements, employees of the social protection group of convicts interact.
As a rule, parents' committees are created from parents, persons, persons replacing them, and other close relatives of convicts. The chairman of the parent committee is a member of the educational and educational council of the colony. Members of the parent committee can take part in the work of the council of educators of the detachment.
The activity of parental committees is regulated 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 educational and educational council, and a representative to the council of educators of the detachment.
The parent committee has the right:
- get acquainted in accordance with the established procedure with the housing and living conditions of the detention 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 dysfunctional families;
- to provide packages 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;
- assist the administration in providing orphans and persons left without parental care, released from an educational colony, with civilian clothing;
- together with the administration, contact government bodies, public associations on issues of assisting the educational colony in carrying out educational work with convicts.
Relatives of the convict, who have expressed a desire to apply to the President of the Russian Federation on their own behalf, must send (send) their petition to the convict for inclusion in his petition for pardon. It is important that all documents are submitted to the pardon commission at the same time. The appeal of only the relatives of the convict without his personal petition will not be considered in the proper manner.
In the application for pardon, the relatives of the convicted person may indicate the reasons why they believe that the convicted person deserves pardon. These reasons include: the difficult financial situation of the convict's family, which worsened after the relative's conviction; the state of health of a relative of the convict who needs his care (with attachment of documents on the state of health), etc.
1. Do convicts receive material assistance after their release.
1.1. We are not In Europe, unfortunately, convicts do not receive anything after they are released in the Russian Federation.
2. Is there any financial assistance to convicts upon release, and how much?
2.1. Hello! Convicts released from forced labor, arrest or imprisonment for a certain period are provided with free travel to their place of residence, they are provided with food or money for the duration of the journey 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 places of deprivation of liberty are provided with clothing at the expense of the federal budget. They may be given a one-time cash benefit 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 payment for the travel of released convicts are carried out by the administration of the institution executing the sentence.
3. If honey. part will refuse to the convict Ik medical assistance, where to turn next.
3.1. Hello, If you are illegally denied treatment, you need to write a complaint to the prosecutor's office so that they 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. assistance to the condemned in Ik.
4.1. good evening to you
Dear Oksana, in this case, you need to write a statement to the head of the EC. If they 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 responsible for overseeing the observance of laws in places of deprivation of liberty. Good luck and all the best.
4.3. Dear Oksana, an application for medical assistance to a convict should be sent to the head of the penitentiary institution.
5. You can apply for an application form to the prosecutor's office about not providing medical assistance to a convict in Ik.
5.1. Hello, there are no forms, write in free form outlining all the circumstances of the case and your requirements.
Good luck and all the best
5.2. Good afternoon! There are no templates for writing an application to the prosecutor's office. Write in any form outlining the circumstances of what happened. You still need to investigative committee write.
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 write the application header correctly, which should indicate the details of the prosecutor's office, the details and the social status of the applicant.
Wish you luck.
6. Where can a convict go to provide honey. help?
6.1. Good day to you. The convicted person must go to the 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, the Institution organizes a medical unit, which is a structural subdivision of the Institution: a pre-trial detention center (hereinafter referred to as the pre-trial detention center), a correctional institution (hereinafter referred to as the correctional institution), including a correctional colony (hereinafter referred to as the correctional colony), medical correctional institution (hereinafter - LIU), educational colony (hereinafter - VC), prison) or a branch of a medical institution. The institution, in which the medical unit is its structural subdivision, performs the functions of a medical and preventive institution in relation to the detained suspects, accused and convicted persons, according to the types of medical care (works 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 do it through the head of the detachment, they are obliged to provide the necessary assistance.
7. Where to go if the convict is not provided medical care?
7.1. Good day! File a complaint with the prosecutor. The complaint is written in any form (in your own words), submitted by mail or handed in personally.
7.2. Hello. If it is definitely needed, then to the prosecutor's office and as soon as possible. And if the local doctor does not accept because there is no real need, then the prosecutor's office will not help.
8. Can a convict be provided with free legal assistance 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 an expired conviction was convicted under article 145 part 2 of the RSFSR and will I be fired from work after providing such a certificate?
9.1. You have no criminal record, although you have been convicted.
A criminal record is a legal consequence of committing a crime and it lasts a limited amount of time, depending on the severity of the committed act.
Considering that you were still convicted in the RSFSR, any criminal record has already been canceled, and a very long time ago.
10. How to get a copy of the verdict in Moscow and send it to the region? The convict made several requests. No answer. Time runs. 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 it, 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 convict receives a sentence on the day of its pronouncement, as you write, and I understand that he didn’t receive it, this can’t 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 administration own security, to the prosecutor's office. It is their duty to investigate, bring to justice, qualify acts. The judgment is made by the court.
12. I need a sample application for parole from the wife of the convict, as she is sick and she needs help, with the conditions that it will work, Thank you!
12.1. Drafting legal documents is a paid service.
13. At the age of 18, she was conditionally sentenced to six months probation under Article 159. (I was overpaid pension by 4 thousand). I do not consider this conviction fair. Is it possible to erase this stain from the biography, because I can't find a decent job. Now I am 33. Thank you very much for any help!
13.1. Unfortunately, no, your criminal record will forever remain in the database.
14. I once consulted with you. I have a question. Where can a former conditionally convicted person go for help in finding a job? My son was sentenced on probation 7 years ago, and was granted an amnesty halfway through his term. For several years now, he hasn’t been able to get a job anywhere ((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 have heard that convicts receive financial assistance upon release. Where and in what amount can I get assistance?
15.1. Yes, indeed, a 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 Penal Code of the Russian Federation -
Penal Code of the Russian Federation Article 181. Assistance to convicts released from punishment
1. Convicts who are released from forced labor, arrest or imprisonment for a certain period are provided with free travel to their place of residence, they are provided with food or money for the duration of the journey 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 places of deprivation of liberty are provided with clothing at the expense of the federal budget. They may be given a one-time cash benefit in the amount established by the Government of the Russian Federation.
16. Greetings.
There was such a situation. The convict, after his release, the police gave him his criminal case in full with the words "as a keepsake."
Let me know if this is legal and where to turn for help. Thanks to.
16.1. The case must be kept in the archives of the court, and after the expiration of the statute of limitations, depending on the severity of the crime, it is destroyed.
16.2. There is nothing illegal in this case. If the convict believes that this violates his rights, he can file a complaint.
16.3. Dear site visitor! And who are you in a criminal case that you are so sincerely worried about the current situation?
17. I have such a situation, I was convicted of 105 hours 1, although in fact 111 hours 4. In Krazia, the victim rushed at me with pressure, I kicked him, broke his ribs, according to the conclusion of the forensic experts, died within a day from the penetration of the bones of the ribs into the lungs. They qualified this action by 105 because of the phone that turned out to be with me, allegedly I took it away so that it would not call for help.
17.1. You had a lawyer in court and he probably knows this whole situation - it’s not clear what your question on the site is ... 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 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 they remove the forced treatment, will they leave me alone?
18.1. This can only be done if new circumstances are discovered that are 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 given 5 years probation. In 2017, they were judged under article 111 part 2 b, h. In total they gave 6.6 years. Can he count on parole 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 term of punishment imposed for crimes against the sexual integrity of minors, as well as for grave and especially grave crimes related to illicit trafficking in narcotic drugs, psychotropic substances and their precursors.
19.2. 111 h. 2 is grave a crime. It is also necessary to know whether he was previously released on parole. Parole is applied if served: at least one third of the term of punishment imposed for a crime of small or medium gravity; at least half of the term of punishment imposed for a serious crime; at least two thirds of the term of punishment imposed for a particularly grave crime, as well as two thirds of the term of punishment imposed on a person who was previously released on parole; not less than three quarters of the term of punishment imposed for crimes against the sexual inviolability of minors.
20. Please help! My friend was convicted under Article 160, fined, can he now be fired from his job and on what basis? Thanks in advance! "According to the materials of the legal social network.
20.1. As provided for in Article 81 of the Labor Code of the Russian Federation
The employment contract may be terminated by the employer in the following cases:
7) the commission of guilty actions by an employee directly servicing monetary or commodity values, if these actions give rise to a loss of confidence in him on the part of the employer.
At the same time, paragraph 45 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code 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 servicing monetary or commodity values (reception, storage, transportation, distribution, etc.) .p.), and provided that they committed such guilty actions that gave the employer a reason to lose confidence in them.
When establishing in the manner prescribed by law the fact of committing theft, bribery and other mercenary offenses, these employees may be dismissed on the basis of loss of confidence in them and in the case when these actions are not related to their work.
If your friend directly serves monetary or commodity values, then labor contract with him can be terminated by the employer on this basis.
Sincerely,
Dmitry Zavalny.
21. Please tell me, under article 161 part 2.166 h 2.162 h 4, and under article 105 part 2, are there any changes and what can be written to reduce the sentence from 21 years old, I ask for help, convicted is not fair, a jury trial.
21.1. Hello! If the verdict has entered into force, it can be appealed in the supervisory procedure. Let the convict or his counsel file a supervisory complaint.
22. Brother illegally convicted under Art. 159 of the Criminal Code of the Russian Federation to 7 years in a general regime colony. Sitting for the fifth year. He filed a cassation appeal to cancel the verdict on the basis of violation of the secrecy of the meeting of judges. Can you be contacted for help?
22.1. Good afternoon! Dmitry, what help do you need? Your brother has already filed an appeal. Do you think something will change from participation in the cassation 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 (wheelchair user), I need outside help, I lived with my son, who was sentenced under Article 111 part 4 for a term of 8 years, can I file a petition for mitigation of the sentence not related to deprivation of liberty, t.to. leave without care? The son also has a 2nd group of disability.
23.1. In case of disagreement with the verdict, the convict has the right to appeal it to the court of appeal, incl. pointing out in the complaint the circumstances that you have stated.
24. I really need help. The man lived in his mother's apartment, social security. Was convicted. While in the MLS, he made a request to the police, he was told that the apartment was occupied, he could not live. In 2013, the man was forced to be released to the rehabilitation center for convicts. Now he wants to defend his right to housing. First, through a request to the local mayor's office, for the provision of housing, if they refuse, to the court. Answer, will the city hall officials refer to the statute of limitations? Thank you.
24.1. There are few case materials in the question. Officials will refer to both the statute of limitations and anything.
Citizens need to defend their rights. Recover missed deadlines.
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 judicial prospects can be discussed with a lawyer in person
Detailed and detailed legal consultations with a discussion of all the nuances and details of your situation are 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 standards and the 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 assistance in correcting the situation. He angrily denounced the iniquity of his predecessor.
25.1. To recognize a citizen as in need of better housing conditions, two conditions must be present simultaneously:
1) recognition of a citizen as poor
2) the presence in the property of a citizen and members of his family of living space less than the accounting norm.
This is stated in Art. 51 LCD RF.
The accounting norm is established by each municipality independently.
25.2. Greetings Svetlana! Contact me at the phone number listed on my page. You can call at any time.
26. Hello, help is needed for already convicted 2nd accomplices 210 h 1/2 228.1 h 5 need help in mitigating the sentence and in general constant help and support in the camp from the repressions of the operatives.
26.1. Hello Michael! Practical issues in the areas of law you are interested in do not belong to my professional specialization. I recommend you go to another specialist. I hope for your understanding...
26.2. Good afternoon! If you disagree with the verdict of the court, you have the right to appeal against it on your own initiative with the participation of the defense. In the appeal, it is necessary to state the grounds that can be taken into account when imposing a sentence and its mitigation. 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. On January 18, 2008, he was convicted under Article 116, p.1, a fine of 10,000. 111, part 1 of Art. 158. On 31 August 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 criminal record. I gave it to am.
27.1. Good afternoon!
So what is the question? You are not a medical worker and there is no direct prohibition in law for you to carry out the named labor activity.
28. I don’t remember such a question of the case number, but I want to prove that I was not legally convicted. To do this, you need to find a copy of the verdict that, with the help of the Federal Penitentiary Service, I lost in ik what to do.
28.1. Good day to you.
Dear Rotorcraft, in this case, please contact the court that convicted you. You must be given a copy of the judgment. For now, you can go to the site of the court and find your sentence on the site.
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 databanks containing information about sentences handed down by the courts.
30. The son was convicted under 228 hours 2. before that there was a suspended sentence not paid off. Dali was 4 years old, is in Orenburg IK 1, I am in a group, with all the troubles my condition has worsened, so I can’t work. There is only a pension of 7500. Tell me what can be done to reduce the term of my son's conviction. Is it possible to count on 80 st, or on a settlement in your region in Tyumen. I would be sincerely grateful for the help, I am lost, life has become dull.
30.1. Hello. 4 years in prison for a serious crime, taking into account the fact that the punishment was imposed on the basis of a combination of sentences, this is not even very bad. Replacing the unserved part of the sentence with a milder form or parole is 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 convict for the entire period of serving the sentence.
There are some situations so scary that you never think about them in relation to yourself. Everything seems to happen to someone else, in a movie, away from you and your family. But anything happens in life.
Of course, we should be optimistic and hope for the best. But, as they say, it doesn't hurt to be prepared for the worst.
It's about 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 neither you nor your loved ones will ever need such information.
Keep yourself in control, and try not to show that you are scared. But don't mask your 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.
Upon entering the cell, say hello and state your name. Yet you have come to someone else's "house". Don't expect to be immediately greeted warmly and seated for tea. In no case do not reach out for an acquaintance. Be glad if they don't answer you. It's 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 you need to follow, how to contact whom, what duties you will have. Be attentive to details. You cannot touch the belongings of some prisoners, and you need to determine which ones. They are called "lost".
Don't tell everything about yourself all at once. Don't ask too many questions. Better to be silent. If someone asks about the reason for your imprisonment, do not give in. Most likely, the information is transferred 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 must stop. Senseless talk about nothing is also not welcome.
No matter how hard it is, try to keep yourself and your belongings clean. Don't forget to wash your hands. If you feel like going to the toilet, and one of the inmates is eating, be patient. Otherwise, you will be offending.
Speak little and consider every word. Some of them have a different meaning in prison, and it is better to use them. Think about what to say, and whether to say it at all. You can not 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 require you to contribute your share to the hostel, so if you have been given groceries, do not hide them. And don't be afraid that someone will steal.
Take a good look at the situation. Yes, one must not lose hope, but every day it is not worth waiting for everything that happens to be a mistake. Otherwise you will go crazy. Try to accept the situation and hold on with all your might.
Everywhere has its own rules, and whether you like them or not, they must be followed.
If you have time to pack, don't forget the following things:
Big bag. You will store things in it. You will not be provided with lockers. - 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 pay for something or exchange. - Take comfortable, sporty clothes (t-shirts, slippers, socks). Red color indicates cooperation with security. - Soap for washing and washing. - A razor. - Bed sheets. - Handkerchiefs. - Spoon, mug, bowl (knife and fork will not be missed). - Boiler. - Thread-needles, a couple of pens, a notebook. - Food like onions, lard, crackers, sugar. Canned food will also be removed.
