What is correctional work and what will happen if you evade performing it. Compulsory correctional labor as a type of criminal punishment

The articles of the Criminal and Criminal Procedure Code of the Russian Federation contain information about offenses and the penalties imposed for their commission, and the court can simultaneously determine two types: main and additional. Very often, such a punishment as correctional labor is used against defendants. It is worth considering them in more detail.

The term correctional labor, as a type of criminal punishment, is explained by the provisions of the fiftieth article of the Criminal Code of the Russian Federation. They were used back in the eighteenth century in the form of a reference to hard labor. In our time, this concept has undergone some changes.

Correctional work - what is it?

The mentioned article of the Criminal Code of the Russian Federation contains the following provisions relating to them:

1. They can be used as punishment for an offense committed. In situations where the defendant has a permanent place of employment, he continues to work there. In other cases, the place of execution of the sentence is established by local self-government institutions, which additionally coordinate their decision with the penal departments. During this process, a condition must be observed, the essence of which is that the accused must carry out the punishment at the place of registration.
2. The term of correctional labor ranges from two months to two years.
3. During the period of execution of the sentence, money is collected from the citizen’s labor remuneration. The amount of deductions is determined by a court verdict. The minimum cost percentage is 5%, the maximum is 20.

Types of correctional work

Correctional work is classified into two types:

• performed at the place of official employment;
• performed in places established by local government institutions.

Correctional labor, which is served at the place of official employment of a citizen, is in fact a fine. Its only distinguishing feature is that it is paid not as a one-time payment, but in several payments. In practice, this occurs by deducting part of the salary established by the verdict to the state budget.

Correctional labor assigned in the absence of an official place of work for the accused is performed by him in a place established by self-government bodies. Most often they are performed in rural areas. In terms of efficiency, this type is quite bad, since the citizen is forced to work in an unfamiliar environment and team, which naturally affects his level of productivity.

For what offenses is the described penalty imposed?

As a rule, correctional labor is prescribed for crimes classified as minor and serious, or for completing a similar offense for the first time.

In situations where, during the trial, a penalty in the form of imprisonment was adopted, but if in the future the court decided that it was possible to correct the convicted person without restriction of freedom, then it can replace the punishment with the one described.

Correctional labor is a punishment for a crime; therefore, it is assigned to citizens who have committed an offense. According to generally accepted rules, correctional labor is prescribed as punishment for minors. A person over the age of sixteen (in some situations – from fourteen) can be involved in them.

The current legislation also contains articles on the basis of which the minimum age for imposing this measure as a punishment is increased for certain categories of the population. This rule applies to citizens who are mentally retarded, but this does not apply to persons suffering from various mental disorders.

These include:

1. disabled people of the first category;
2. pregnant women or those who have one or more children under three years of age;
3. citizens subject to conscription for military service;
4. citizens serving in the army on the basis of a concluded contract (if it is still valid).

Thus, correctional labor used as a punishment for crimes committed cannot be applied to persons with limited legal capacity, as well as to people who, by virtue of their position, cannot conduct an additional type of activity different from the main one.

The procedure for execution and responsibility for failure to comply with this type of punishment

If a sentence was passed against the accused, on the basis of which he was assigned the described measure for the offense committed, then the first thing he needs to do is register with the inspectorate for the execution of sentences at his place of residence. The procedure for registering is regulated and regulated by the seventh chapter of the Criminal Executive Code of the Russian Federation.

In the mentioned institution, the convicted person will need to provide information about his place of employment so that the inspection staff will send there a court decision indicating the term of punishment and the amount of wages as a percentage that will be withheld in favor of the state.

If the convicted person does not have an official place of employment, the inspection staff will independently select one. As a rule, the convicted person does not have the right to choose one type of activity or another in such a situation.

Important! Correctional labor is established for a maximum period of two years. The minimum value is two months. In a situation where the sentence exceeds the annual mark, the convicted person has the right to legal leave for eighteen days. In all other cases, he is not granted leave.

Any violations committed during the serving of the sentence, including absenteeism, may affect its content: the replacement of correctional labor with imprisonment.

The Criminal Executive Code of the Russian Federation provides for the following types of violations:

• failure to attend the executive inspection for marks;
• absenteeism;
• absence from work within five days from the date of selection of a place of activity in the inspection;
• leaving under the influence of alcohol or drugs.

When the first such violation is detected, the convicted person receives a warning. If it is repeated, the penalty used is replaced with a more severe one. A list of possible replacements is provided by the court at the time of sentencing. In most cases, the replacement is imprisonment or compulsion to carry out the original sentence.

Finally

As can be understood from the above information, the main purpose of using correctional labor is to direct the accused citizen on the path of correction, giving him a chance to work off the committed offense, while being at his main place of residence, and not in places of deprivation of liberty.

Correctional labor is a type of forced labor that is used when sentencing criminals for a certain act. A judge can force a defendant to perform community service only on those facts that truly confirm the commission of unlawful actions by the criminal against subjects or the state.

Correctional work is a fairly effective way to correct the behavior of criminals

During correctional labor, a person is forced to work, and the state will retain part of the income received.

So, if a specific type of work has not been assigned, the convict will not change his work, and the state will withhold a certain percentage from his monthly salary, which ranges from five to twenty-five percent.

The state will also withhold other payments, if any, from the convicted person. A certain portion will be calculated even in cases where the payment is made to a person in kind and not in material form. All deductions when calculating wages remain.

Usually, in this case, the offender is not deprived of his liberty, but at the same time, punishment can be imposed on a person who has been convicted of other violations. However, there are cases prescribed by law when correctional labor is replaced by another punishment such as temporary imprisonment.

This means that the following conclusion suggests itself to us: this sanction is assigned to the criminal not for his imprisonment and the state withholding payments from wages, but also as his correction. There is an opinion that forced work for the benefit of society will give a better effect, eliminate recidivism and bring more benefit to the criminal than depriving him of his freedom.

Types of work related to a criminal offense

There are the following types of correctional work:

1. convicted
2. work related to serving in certain places designated by local authorities and bodies,
3. monitoring the execution of the sentence.

From all of the above, it can be emphasized that forced work can be applied to a person who works officially and to one who is temporarily or permanently not working.

The process of executing a sentence of correctional labor for a criminal offense

Correctional work as a criminal punishment

When imposing such a type of punishment as correctional labor, the court takes into account the category of the crime committed by the convicted person. They come in varying degrees of severity.

Thus, correctional labor is an adequate punishment if a crime of medium or light gravity has been committed. This includes:

1. persons who have violated the laws set out in the legislation of the Russian Federation
2. persons over the age of 16, and in case of rape and murder, 14 years old

In this case, a thorough check of the mental state of the person who committed the crime takes place to determine whether he understood what he was doing at a particular point in time. If the defendant is insane, correctional labor cannot be applied to him.

Such a measure of punishment is included in the sentence immediately or later, as a mitigating circumstance for more serious crimes. People who fall under the category of those sentenced to correctional labor may also be:

• mothers with children under three years of age
• , which belong to the first group, according to the official document
• or conscripted military personnel who belong to the lower military ranks of the armed forces of the Russian Federation and whose conscription service period has not expired at the time the sentence was pronounced.

Thus, people with limited work activity do not fall into this category. In the process of the sentence being passed and entering into force, the convicted person must be registered with the institution that is responsible for the execution of the sentence, assigned to the place of his registration. This verdict can also be appealed by filing an appeal. Enforcement work is regulated by the seventh article of the Criminal Executive Code of the Russian Federation.

If the convicted person is officially employed, he indicates the place of his work to the penal inspection, which sends a notification there in a prescribed manner and within the established time frame, and after receiving it by the administration, the sentence begins to gain force. Unless the convicted person is employed, the inspectorate itself chooses his place of work.

Correctional work: how is it served and to whom is it assigned? The judge's explanation is in the video:

Conditions under which correctional work is carried out

Correctional labor - maximum 2 years

There are strictly established rules according to which a convicted person must be corrected by performing forced labor and, what is not unimportant, diligently and regularly carry out the tasks that were assigned to him.

Upon receipt of a summons from the executive authorities, the person who has been convicted must begin serving his sentence on the exact date and time. The convicted person cannot arbitrarily resign from his position during the period of the sentence, as well as refuse the proposed type and place of work.

If a convicted person wants to change his place of work, he is forced to notify the penal authority. A person will be able to do this only if he is fired on his own initiative, having compelling arguments.

When a convicted person changes his place of work or place of residence, he informs the penal authority about this ten days in advance.

Let's consider in what cases punishment by correctional labor is replaced by local executive authorities with deprivation of liberty:

1. in case of constant failure to comply with the terms of the sentence
2. in case of violation of the terms of the sentence, if the convicted person ignores going to work or deliberately causes harm through his actions
3. when changing without notifying the executive service.

Punishment periods provided for by correctional labor

Correctional work is an effective method of correcting an offender

When a convicted person is sentenced to correctional labor, their term is immediately indicated. Within the framework of the legislation of the Russian Federation, it ranges from two months to two years.

In this case, the person who has been punished has the right to use his sentence, which can last for eighteen months, only in cases where the period of execution exceeds one year according to the sentence passed.

This leave for the convicted person will be paid for by the organization that will provide him with a place to work while serving his sentence, but only after settling this issue with the executive authorities.

The convicted person also has the right to other types of leave, which are stipulated by the Labor Code of the Russian Federation. This may be study leave or maternity leave, and so on, if there are special and valid reasons. This includes paid.

In cases where correctional labor is replaced by punishment through imprisonment, the period for calculating it will be in the form of an algorithm such that one day of imprisonment is equivalent to three days of unfulfilled correctional labor.

If the convicted person has at least one day of absenteeism or is found at work, at least in a drunken state, to begin with, he will be reprimanded, and if he repeats the violation, the sentence will be reviewed and a more severe one will be imposed.

Concepts relating to correctional work for a criminal offense

Correctional work as occupational therapy gives positive results

From the above it is clear that absenteeism or other violations by the convicted may provoke the replacement of this with a more serious punishment. Let's consider the types of violations under the Criminal Code of the Russian Federation:

1. absence from work for 5 days after the inspection site has been selected
2. failure to attend inspection
3. the presence of a convicted person at work under the influence of alcohol and drugs.

If one of these violations occurs for the first time, a warning is issued. The following violation of serving a sentence is considered malicious evasion. Then the court may change its decision to another, more stringent one. This may be forced labor or deprivation of liberty of the convicted person.

Therefore, correctional labor is assigned to a person for the purpose of his repentance and correction, but also so that he can work and live at home without restrictions, and not be a prisoner. After the execution of the sentence begins, the convicted person has an obligation to constantly go to work.

He may be absent in extreme cases and if there is a valid reason for this issue. It is imperative to warn the criminal executive authority, and at the same time, it is fully complied with.

Last updated January 2019

Correctional labor as a form of criminal punishment has been practiced for more than 15 years. On the scale of severity, this is the third of the most lenient punishments (a fine is considered the most loyal), the purpose of which is to achieve the correction of the convicted person by involving him in paid work. What are the conditions for serving such jobs, in what cases are they assigned and when can they be replaced - read in this article.

Correctional work - what is it?

The concept and rules for imposing this type of punishment are contained in the general part of the Criminal Code of the Russian Federation.

So, in accordance with Art. 50 of the Criminal Code of the Russian Federation, correctional work involves the work of convicts in a place determined by the state criminal executive body (inspectorate), which subsequently controls the execution of the sentence. If the convicted person was already employed before the sentencing, he is allowed to continue working there. When there is no permanent job, they determine a place in the area of ​​residence where he will work.

Usually, municipal organizations are selected for the unemployed where low-paid labor is needed (landscaper, janitor, cleaner, loader). The list of such organizations is approved annually by the head of the criminal-executive inspection and the municipality. Sometimes employers may include individual entrepreneurs, as well as commercial organizations where simple labor is needed.

The total period of such work can range from 2 months to 2 years. It is not prohibited to establish this punishment not only in months, but also in days - this usually happens when calculating other types of punishments.

Example No. 1. Contractor V.L., convicted of committing grand theft, for exemplary behavior the court replaced the unserved part of his imprisonment (2 months 12 days) with correctional labor. Since with such a replacement the one in three rule “works”, then V.L. Podryadinu 7 months and 6 days of correctional labor were determined.

Unlike compulsory work, when performing this type of punishment, the convicted person is paid a salary in accordance with the established tariffs that are accepted in each individual organization. Part of the salary is paid to the convicted, the other part (from 5 to 20%, which will be specifically indicated in the verdict) goes to the state.

Thus, when serving correctional labor, two goals are achieved at once: firstly, the citizen is busy and uses his skills for the benefit of society, and secondly, the state receives funds.

In practice, situations arise when the defendants themselves want to be assigned correctional labor. Many of these citizens are constantly looking for work, but due to low qualifications and/or problems with the law in the past (for example, an unexpunged conviction), their desire to live by honest work is not always realized. Often such persons, after the end of their work period, continue to work in the same place where they served their sentence.

To whom cannot be assigned

According to the rules established by the Criminal Code, this type of punishment may not be imposed on all categories of citizens. Thus, corrective labor cannot be prescribed:

1. disabled people of group 1;
2. pregnant women;
3. women with children under 3 years of age;
4. conscripts;
5. contract military personnel.

In judicial practice, there are cases when citizens from the above list were nevertheless assigned correctional labor. Sometimes this was due to a miscarriage of justice. In some cases, circumstances that exclude the possibility of serving correctional labor under a court sentence became known later. Anyway, upon the occurrence of the listed life events, the service is suspended or canceled.

Example No. 2. Based on the results of the judicial consideration of the criminal case, a guilty verdict was issued against Samoilova P.R., who was sentenced to 1 year 6 months of correctional labor with a deduction of 10% to the state income. After the verdict entered into legal force, a copy of it was sent to the inspectorate; on the day of the conversation, the convict reported that she was pregnant, about which she provided a certificate from a doctor. Samoilova P.R. it was explained that she had the right to apply to the court for a deferment of serving her sentence, taking into account the granted sick leave for childbirth and parental leave. Subsequently, the application was granted by the court.

Example No. 3. While a copy of the verdict was delivered to the inspectorate, during this period of time Simonov A.K. a diagnosis was made, which was the basis for recognizing him as a group 1 disabled person. In this regard, he could not serve his sentence; he was subsequently released from it by the court.

In some cases, when the convicted person has not been recognized as disabled, but suffers from a disease that prevents him from performing work, the law provides for the right to apply to the court for release from punishment:

To the Leninsky District Court of Samara

Convict Mirny M.R., born in 1988,
living in Samara, st. Kunitsyna, 4

Petition
On release from further serving a sentence

By the verdict of the Leninsky District Court of Samara dated September 21, 2019, I was convicted under Part 2 of Art. 159 of the Criminal Code of the Russian Federation for 1 year of correctional labor with withholding 5% to state income. In this regard, since October 1, 2019, I have been registered with the criminal-executive inspection for the Leninsky district of Samara, and started working at the municipal unitary enterprise “Forestry” in accordance with the direction issued to me, from 10/03/2019.

On 10/20/2019 I felt unwell, an examination revealed a chronic disease - stage 4 diabetes mellitus, which excludes the possibility of working of any kind.

In connection with the diagnosis given to me, I consider further execution of the punishment in the form of correctional labor impossible.

Based on Part 4 of Art. 42 of the Criminal Executive Code of the Russian Federation,

Release me from further serving a sentence in the form of correctional labor due to a serious illness.

Attachment: medical documents on 10 sheets, a certificate from the Penitentiary Inspectorate about the remaining term of the unserved sentence, a copy of the verdict (if you don’t have the verdict on hand, you can set out a request to the court to request it in your petition).

Convict Mirny M.R., number, signature.

Such a petition is considered by the court in the presence of a prosecutor and a representative of the inspectorate. In addition, the applicant is given the right to invite a lawyer.

Note that there is a three-day rule during which judges are required to send a copy of the verdict to the inspectorate. In practice, it is not always observed, therefore, within a certain period, when the sentence has already entered into legal force, but has not yet been accepted for execution, important events may occur in a person’s life that affect the ability to perform work.

Question:
Can persons under 18 years of age serve this type of sentence?

Answer: Yes, the criminal law allows minors to be assigned correctional labor, while the maximum possible term of service is limited to one year.

It is known that criminal liability for some crimes can begin at the age of 14. If correctional labor is assigned to children whose age is 14-15 years old, then the execution of such a punishment can only be carried out taking into account the rules of labor legislation. Thus, citizens of this age category can be involved in light work with the permission of their legal representatives. The remaining minors (from 16 to 18 years old) are involved in labor on a general basis, taking into account a truncated maximum period.

Serving order

So, after the verdict comes into force, a copy of it is sent to the criminal-executive inspection - a state institution at the regional level, whose employees are directly involved in the procedure for executing all types of punishment, except imprisonment.

The convicted person is placed on a special register with the Penitentiary Inspectorate (CII), and a personal file is opened on him. The procedure for executing punishment in the form of correctional labor involves:

1. Initial visit to the convict's place of residence by an inspector. This is done in order to serve the citizen with a summons indicating the date and time when he will be obliged to appear at the penal inspection, which is obliged to involve him in labor no later than 30 days from the date of receipt of a copy of the verdict.
2. On the day the convicted person appears, a conversation is held with him, during which his rights and obligations are explained, and all circumstances relevant to serving the sentence are clarified. So, one of these circumstances may be the convict’s ability to work. If he has any illness that prevents him from serving, this fact must be verified by an inspector.

   Example No. 4. Vlasov E.A. was convicted several times and served his sentence in prison. According to the verdict dated March 17, 2019, he was sentenced to correctional work, since there was no other type of punishment provided for by the Criminal Code for the crime he committed. For those many years that Vlasov E.A. spent behind bars, he developed late-stage tuberculosis, and was diagnosed with a diagnosis that made it impossible to work at all. Having received the corresponding conclusion from the commission of doctors, the inspector applied to the court to replace the punishment with another type.

3. The convict is given a referral to a specific organization that is included in the list of those specially provided for serving the sentence, after which the person under record is required to appear within 5 days for employment. Such written direction indicates the name of the organization, contact telephone number, address, time and date for appearance. The issue of employment should be decided taking into account the characteristics of the citizen, his physical characteristics, gender, and the presence or absence of diagnoses.

   Example No. 5. Ivanov G.E., suffering from asthma, served correctional labor, was a loader. Previously, the court refused to satisfy the request for release from serving a sentence due to illness, since the doctors’ conclusion did not contain a ban on working, and also from Ivanov G.E. there was no disability. Ivanov G.E. appealed to the inspector with an application for transfer to another position, since the physically difficult work of a loader for him is a factor that aggravates the course of the disease. In the organization where the convict was serving his sentence, there was a vacancy for a waterer, where he was transferred.

4. On the appointed day, the inspector calls the organization to which the convicted person was ordered to appear and, thus, records the start of work.
5. The inspector receives monthly information (report card), which indicates the number of hours worked by the convicted person, as well as the amounts deducted to the state income. A record of the sentence served is kept, and a note is subsequently made about the end of the term.

Question:
What to do if the convicted person does not like the offered job?

Answer: The law states that a citizen does not have the right to choose or refuse a proposed type of work without good reason. Let us note that the organization to which the convicted person was sent does not have the right to unreasonably refuse employment; for this, its head may be held accountable.

If, during the period of serving the sentence, the financial situation of the convicted person has sharply deteriorated for any reason (the presence of dependents, payment of alimony, health status, destruction or damage to property, etc.), he can apply to the court with an application to reduce the amount of interest determined by the sentence . Also, both the inspectorate and the employer can make such a proposal to the court, but, based on practice, such cases practically do not exist.

Question:
Can sick leave or vacation be taken out at a job that is determined by the enforcement authorities?

Answer: Yes, the law allows a working convict to go on sick leave if there is official confirmation of his state of health. In addition, a citizen serving a sentence of correctional labor is entitled to a vacation of 18 days.

After the end of his term of service, the convicted person is removed from the register with the inspectorate, but for one year from this date he is considered a convicted person.

Supervisory authorities and their powers

Employees of the penal inspection strictly control the behavior of convicts who have been given a non-custodial sentence, including correctional labor. The job responsibilities of inspectors are described in some detail in the penal legislation:

1. maintain general control over the behavior of all registered convicts, including those sentenced to work;
   2. monitor compliance with the period established by law - 30 days, during which the convicted person must begin serving correctional labor;
2. check daily attendance at work and the absence of absenteeism on the part of persons under record, periodically (2-3 times a week) by telephone calls or personal visits to the place of work;
3. take measures to obtain reliable information confirming absence from work for valid reasons. For example, temporary disability must be confirmed by a sick leave certificate, and if there is none, then failure to appear will be recognized as a fact of evasion from work. Please note that if you have sick leave, temporary disability benefits are calculated from the full salary, without taking into account deductions;
4. carry out a reconciliation of data on the withholding of amounts of money from earnings provided by the administration of the organization where the sentence is being served with the money actually received into the state account. At the same time, the amount from which a percentage is deducted to the state includes not only salary and allowances, but also social benefits, as well as other social security in monetary terms, except insurance.
5. send requests to various organizations (pre-trial detention centers, hospitals, Federal Migration Service, etc.) as part of the work to find the whereabouts of the convicted person, if, for example, he does not appear at the inspection, does not get in touch, does not live at the address indicated in the verdict, etc. .d.

In addition, it is the inspectorate employees who apply penalties to those convicted who do not want to serve their sentences.

In addition to inspection, the following are always connected to control:

1. prosecutor's office– a supervisory body whose employees check all the personal files of convicts and the conditions for serving correctional labor at least once a quarter. If violations of penal legislation are revealed in the actions of inspectorate employees, the prosecutor submits a submission to the head of the penal inspection, which contains a requirement to bring disciplinary action against employees of the Federal Penitentiary Service.
2. Police, the PDN department (in relation to juvenile convicts) are called upon to assist the inspectors of the correctional institute, such a duty is directly provided for both in the Criminal Executive Code of the Russian Federation and in the interdepartmental orders of the Federal Penitentiary Service and the Ministry of Internal Affairs. In addition, Article 12 of the Federal Law “On Police” gives police officers the rights and responsibilities to monitor the behavior of convicts registered with the police department and, if necessary, take appropriate measures. Thus, one of the powers of a police officer is to draw up a petition to send material regarding a convicted person to the court for replacement with a more severe punishment.

   Example No. 6. Romanov E.K. was sentenced to correctional labor for a period of 1 year, with the withholding of 10% of earnings to the state income. Romanov K.E. repeatedly violated the order of serving his sentence, for which he was warned in writing about responsibility. Subsequently, during the raid, the local police officer stopped a citizen whose behavior indicated alcohol or drug intoxication. This person turned out to be K.E. Romanov, who drank alcohol on a working day and did not show up for work. The district police officer detained K.E. Romanov. for committing an administrative offense (being in a public place while intoxicated) and sent a petition to the Penitentiary Directorate to replace correctional labor with imprisonment in view of what was committed by K.E. Romanov. violations. This request was subsequently granted by the court.

3. Enterprise administration, where the convicted person serves out his sentence. It is she who is entrusted by law with direct control at the workplace: a time sheet is drawn up, which notes the presence at work and the number of hours worked; labor protection is ensured; absenteeism and violations on the part of the employed person are not only noted in a special form, but are also brought to the attention of the inspector of the correctional department.

Responsibility for evading service

Approximately one tenth of all those sentenced to this type of punishment deliberately evade work and even hide from inspection. The following is considered a violation:

• ignoring a referral to an organization for employment - when a convicted person refuses to begin serving the assigned sentence at all (a refusal is considered to be a situation where a citizen did not show up to find a job for more than 5 days after receiving the referral);
• failure to appear at the inspection - when a convicted person is called to the correctional institution for registration, but ignores the call;
• truancy - even a single failure to appear is regarded as a gross violation of the order of serving;
• appearing at work in a state of intoxication (any kind: alcohol, drugs, or toxic).

If the convicted person committed one of the listed violations for the first time, then the following penalties are applied to him:

1. written warning. The convicted person is officially warned against his signature that if he commits a repeated violation, he may be subject to correctional labor for another, more severe punishment. The inspector fills out a form specially provided for by the Instructions, which indicates what kind of violation of order the convicted person committed and, accordingly, a reminder about a possible replacement with another type of punishment. Despite the simple written form, such a warning often has a fairly strong influence on the convicted person, who was made clear that you can lose your freedom.
2. imposition of an additional obligation to appear twice a month to the inspector of the correctional institution. The measure is less effective than the previous one, but in this way control over the behavior of the convicted person by law enforcement agencies becomes more effective, since the inspector sees the convicted person more often, talks with him, answers questions related to the execution of the sentence, and therefore prevention is carried out.

If a citizen registered with the inspectorate who needs to serve correctional labor commits two or more violations of the order and conditions of serving a sentence, a more stringent measure of responsibility may be applied to him - sending to the court a proposal to replace this type of punishment with imprisonment. The law provides for the possibility of replacing correctional labor with forced labor, but due to the fact that this type of punishment is not currently practiced in Russia, only imprisonment remains.

The procedure for replacing punishment is as follows

• the inspector prepares a presentation in which he reflects all violations on the part of the convicted person, the adoption of corrective measures against him, attaches a report card, which indicates absences for unexcused reasons or documents confirming being in a state of intoxication, etc.;
• the convicted person is introduced to this presentation, after which it is sent to the court that passed the sentence;
• the court sets a date for consideration of the court hearing, the inspector and the convicted person are notified of the day and time of consideration of the application;
• Participation in the court hearing by both the convicted person and the inspector, as well as the prosecutor, is mandatory; the court may appoint a lawyer to a citizen at his request;
• If there are sufficient grounds, the court will replace correctional labor with imprisonment, at the rate of 1 day of isolation = 3 days of correctional labor.

Example No. 7. Kurochkina E.P. a sentence was imposed in the form of correctional labor for a period of 9 months, of which he served 3 months, after which he stopped coming to work. He was twice warned about a possible change in the type of punishment, but Kurochkin continued to lead an antisocial lifestyle and appeared at work in a state of intoxication. The inspection sent a submission to the court, in which it pointed out all these facts, in this regard, the court determined imprisonment for a period of 2 months in a correctional colony (the remaining 6 months of correctional labor = 2 months of imprisonment).

As we have already noted, the offender himself must be present at the court hearing. At the same time, in practice, situations arise when the convicted person is nowhere to be found - neither at his place of residence, nor among his relatives, and there is no information about him in official institutions (for example, the Federal Migration Service does not have information about his place of registration). It turns out that the offender calmly continues to evade execution of the sentence, but it is impossible to replace his punishment in his absence. In such situations, the inspectorate prepares documents to put the citizen on the wanted list. Subsequently, within 24 hours after his arrest, the court will consider the issue of placing him in a pre-trial detention center for a period of up to 30 days, during which the proposal for a replacement will also be considered.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

110 comments

Correctional work apply only to criminals and only by court verdict. Correctional work the role of punishment is assigned to persons who, in the opinion of the court, must answer for their actions, working for the good of society.

Correctional work as a type of criminal punishment

The offender can be punished in different ways, although in most cases the victims expect the court to impose a sentence that would imprison the offender. But the purpose of applying a sanction is not only to expel the criminal from society. His re-education must also take place.

Places of deprivation of liberty do not always have a positive effect on the prisoners who end up there. In many cases, just the opposite effect is achieved and the risk of relapse increases. But labor conscription can just contribute to correction.

Compulsion to work within the framework of criminal punishment is carried out in several ways: referral to mandatory, forced or correctional labor. With the help of these types of punishment, the state, on the one hand, imposes certain restrictions on the criminal, and on the other, receives a small benefit in the form of free labor or part of earnings.

Deciding to bring the accused to trial correctional labor, the court must take into account the nature of the offense committed and the identity of the offender. When it comes to a minor crime, correctional labor may be considered an appropriate punishment. But when correctional labor assigned for more serious crimes, the judge is trying to give the offender a chance to renounce his criminal past, which will be difficult to do after even a short stay in prison.

Who is assigned correctional labor?

Once correctional labor are one of the types of punishment for committing a crime, it is logical to assume that they are assigned to persons found guilty of committing an offense during a criminal trial.

According to the general rules of criminal proceedings, only an individual who has reached 16 years of age can be held criminally liable. At the same time, in Art. 20 of the Criminal Code of the Russian Federation lists a number of crimes, the age of criminal responsibility for the commission of which has been reduced to 14 years. For example, these include murder, kidnapping, robbery, theft, rape and other crimes, the danger of which is obvious at any age.

There is also a circumstance in the law that extends the age up to which criminal prosecution is impossible. This refers to a lag in mental development. But this lag should not be associated with a mental disorder. To ensure that a person with a mental disorder is not subject to criminal liability, it is determined whether the patient understood that he was committing an illegal act. A person declared insane, even without a mental disorder, is not subject to criminal prosecution.

These were the general grounds for the impossibility of appointment correctional work. But there are also special grounds that exclude the criminal from being brought to justice. correctional labor. So, they cannot be assigned:

• disabled people of the 1st group;
• women who are pregnant or already have a child under 3 years of age;
• conscripts;
• contract soldiers with the rank of private or sergeant, if they have not yet served their conscription term.

It turns out that correctional labor due to their nature, they cannot be assigned to persons with limited ability to work, as well as to those who do not have the right to engage in any other paid activity other than their main one.

Correctional work as punishment are used in 2 cases: when the judge immediately indicates them in the sentence or if correctional labor replaced by a more severe form of punishment - imprisonment.

How is corrective labor carried out?

TO correctional labor a citizen who has a job or an unemployed person can be sentenced. When correctional labor are appointed immediately after admitting guilt, the offender can still retain his job at that time. If the convicted person worked as an individual entrepreneur, for himself, there should be no problems with resuming his work activity.

In such cases, the convicted person must register with the penal inspectorate at his place of residence. The procedure for registering convicts and serving rules correctional labor are regulated by Chapter 7 of the Criminal Executive Code of the Russian Federation. At the inspection, the convicted person must indicate his place of work so that a court decision on withholding a set percentage of his salary to the state can be sent there. As soon as the administration of the enterprise receives a court decision, the countdown of the sentence begins.

For those convicts who do not have a job, one is found at the inspectorate. Moreover, the convicted person cannot refuse the chosen place and is obliged to go to work.

Correctional work can be prescribed for a period from 2 months to 2 years. It is important for a convicted person to work all working days in a month every month. If there were absences, they must be justified, for example, the convict was on sick leave, but these days were on time executive works are not counted. If the deadline executive works more than a year, the convicted person may be granted leave of 18 working days.

Consequences of evading correctional labor

Absenteeism, as well as other violations, by the way, can cost the sentenced person correctional labor comfortable conditions for serving the sentence. The Penal Code of the Russian Federation lists the following types of violations:

• absenteeism from work within 5 days after the inspection site has been selected;
• missing visits to the inspection;
• absenteeism;
• showing up at work drunk or under the influence of drugs.

After the 1st such violation, a person sentenced to correctional labor issue a warning. But repeated violation of the order of serving a sentence by convicts who already have a written warning is considered malicious evasion. The court may reconsider its choice of punishment in relation to malicious evaders and replace it with a more severe one. In this case, forced labor or imprisonment may be used.

As the name of this type of criminal punishment suggests, correctional labor, their main goal is to direct the convict on the path of correction, giving him the opportunity to work, but at the same time be at his place of residence, and not in prison. Once the execution of the sentence begins, the convicted person has the obligation to constantly work, with breaks only for good reasons. But in general, the relationship between the convicted person and the employer continues to be regulated by labor legislation.