A guilty verdict is pronounced in Russia exclusively by the court. Only she can recognize the guilt of a person. Accordingly, the court imposes criminal penalties. It depends on the severity of the crime committed. Further in the article, we will consider some types of basic punishments provided for by the criminal law system.
Responsibility
The Criminal Code provides for various penalties for crimes. They can be divided into:
- The main ones.
- Additional.
- Integrated. They can act as additional or basic.
The first group includes:
- Different types of compulsory work.
- Restriction of freedom.
- Arrest.
- Forced work.
- Imprisonment ( including life imprisonment ).
- Restriction in military service.
- Different types of correctional labor.
- Disciplinary content.
The list of punishments is indicated in article 44 of the Criminal Code. Sanctions included in the system operate in a certain ratio and subordination. Some can only be assigned as primary, others only as additional. Certain sanctions apply to any perpetrators, while others apply only to special entities.
Mandatory work as a form of criminal punishment
They are provided for in Art. 49 of the Criminal Code. In the course of serving this preventive measure, convicts can enjoy all the rights and perform duties on an equal basis with other citizens, but with some restrictions. They are convicted and the conditions for the enforcement of this sanction are established. The convicted person is charged with the duty to carry out socially useful activities in his free time. The specific actions that a citizen must take are determined by local authorities in agreement with the executive inspection.
Duration
The period of compulsory work is set in hours. It can not be less than 60 and more than 240 hours. The law allows engaging in socially useful activities for no more than 4 hours / day on weekends and when the convicted person is not busy at the main workplace. During working hours, it is allowed to attract a citizen no more than 2 hours after the end of professional activity at the enterprise. With his consent, the duration of work on such days can be doubled.
Minors
Mandatory work as a form of criminal punishment applies to persons who have not reached the age of 18. For them, the duration of their serving is reduced to 40-160 hours. Part 3 of Article 88 of the Criminal Code makes it clear that minors are assigned feasible activities in accordance with their individual characteristics and state of health. Attraction to socially useful events is allowed in free time from studies or main work. The duration of employment should not exceed 2 hours / day for 15-year-olds and 3 hours / day for people over 15 years old.
Execution mode
Mandatory work as a form of criminal punishment pursues the goal of correcting the subject and preventing the commission of new crimes both directly by himself and by other citizens. The execution of a sanction imposed by a court is carried out by authorized bodies. Their functions include:
- Accounting for convicts.
- Clarification of the manner in which perpetrators serve their sentences.
- Coordination with local authorities of the list of objects on which socially useful activities will be carried out.
- Control over the behavior of convicts.
- Total accounting of hours worked.
The executive inspection, having received a decision and a court order, initiates a personal file for the convicted person. It reflects the process of execution by the subject of imputed punishment. The inspector calls the citizen for a conversation. In the course of it, the rules for the implementation of socially useful activities are explained, the data of the convict’s questionnaire are clarified and verified, information that is important for ensuring control of his behavior is found out. At the end of the conversation, the citizen receives an order. Compulsory work as a form of criminal punishment may be assigned no later than 15 days from the date of receipt of the order and a copy of the court decision by the executive inspection.
Object Definition
When establishing the type of compulsory work, the following shall be taken into account:
- Place of residence
- Schedule of study / main job.
- Health status.
- Professional skills.
- Age features.
The inspectorate agrees with local authorities on which organization the convicted person should be sent to, as well as the list of compulsory work that he can perform. After that, a notice is sent to the company along with a copy of the judicial act. The notification to the administration of the organization explains its rights and obligations, the conditions for the convict to serve his sentence, and the responsibility for non-execution of the decision.
Enterprise Objectives
The administration of the organization to which the convicted person is directed shall:
- Monitoring the execution by a citizen of the work imputed to him.
- Informing the executive inspection about the number of hours or evasion of the convicted person from socially useful activities.
The administration of the enterprise should:
- To approve the order on hiring a citizen to work by court order.
- To familiarize the convict with the rules applicable at the enterprise, against receipt.
- Keep a daily report card, which reflects the number of hours worked by the convict, send copies of it to the inspection every month.
- Notify the supervisory authority of a citizen’s failure to visit the place of activity and violations that he committed.
Obligations of Convicts
Citizens involved in compulsory work must:
- Follow the internal rules of the company for the entire period specified in the court decision.
- Notify the executive inspection of a change of residence.
Providing a citizen with annual leave at the main place of employment does not relieve him of the obligation to serve compulsory work.
Art. 50 Criminal Code
This article explains the features of correctional labor. They are considered traditional for the domestic Criminal Code. Correctional labor may be assigned to a convict who does not have a primary place of employment. They depart in places that are established by the local authority in coordination with the executive inspection within the territory of the citizen. The essence of the sanction is the psychological impact on the subject, the restriction of a number of his labor rights, and deduction from his salary from 5 to 20% in favor of the state.
Forced labor
They were included in the Criminal Code in December 2011. It was supposed to apply them directly in practice in 2013. The executive system, however, was not ready for this (out of 30 planned, less than 10 specialized centers for convicts were created). In this regard, it was decided to introduce forced labor in 2014. In September 2013, however, the Ministry of Justice prepared a bill according to which, due to lack of funding for the creation of specialized centers, the introduction of this sanction is supposed to be postponed until 2017.
The essence of the measure
Forced labor is used as an alternative to imprisonment. He is appointed in the cases established in the articles of the special part, for committing acts of medium or minor gravity, as well as for the first serious crime in the life of a convicted person. If the court concludes that the correction of the subject is possible without real imprisonment, then imprisonment can be replaced by a milder sanction. Its duration is from 2 months to 5 years. Forced labor shall not be appointed if the court charges the offender with imprisonment of more than five years.
Additionally
Forced labor involves involving the convicted person in activities in places established by the bodies and institutions of the penal structure. From the salary of a citizen in favor of the state, deductions are made. They are listed on the account of the relevant territorial unit of the penal correction system. The amount of deduction is established by the court within 5-20% of the amount of earnings. If a citizen evades serving a sentence, they are replaced by imprisonment at the rate of 1: 1 (the day of truancy is equal to the day of imprisonment). This measure does not apply to military personnel, minors, pregnant women and women with dependent children under 3 years old, persons who are recognized as disabled persons of group 1 or 2, men after 60 and women after 55 years.