Often for many citizens without a law degree, a prison is the only definition of a place of deprivation of liberty, but this is not so. There are many institutions with different names, now we will try to understand how the prison differs from the pre-trial detention center. Or is it still the same institution?
Definition of correctional facilities
Deprivation, restriction of liberty are types of punishment provided for by the Criminal Executive Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation). To implement these types of punishment, a system of correctional institutions has been created. These include educational colonies, medical correctional institutions, colony settlements, correctional colonies, prisons, and pre-trial detention centers do not apply to them. The list of such institutions is exhaustive and established by Art. 74 PEC RF. It seems very important not to confuse all these institutions and to know the characteristics of each of them. Often, citizens ask themselves: is a prison and a pre-trial detention center the same or all the same different institutions? We will try to give the answer as accurately and clearly as possible. First of all, it is necessary to establish separately the concept of prison and pre-trial detention center.
The concept and brief description of prisons
A prison is a correctional institution in which males are sentenced to prison sentences. The term of such punishment shall exceed five years with the establishment of the serving of part of the term in prison. Convicts sentenced to up to 3 years for regular violation of order and discipline in a penal colony can also be placed here. Prison is the most severe place of imprisonment. Two regimes are established here - general and strict, the conditions in which are much more stringent and strict than in other institutions. Finding people in such a place implies a serious truncation of their rights. What distinguishes a prison from a pre-trial detention center, and from other institutions, is the restriction of movement. Movement is also limited within the prison itself. Externally, it is a separate building or a complex of those, which are united by one guard line, within which a strict access control operates.
Prison classification
The law does not establish the classification of prisons, it does not exist, but there are two regimes that operate within its borders - general and strict. In accordance with Part 3 of Art. 130 of the PEC, all persons who have arrived in prison to serve their sentences are placed in a strict regime, and convicts from the general regime are transferred to it. The exceptions are disabled people of the first and second groups, who cannot be placed in strict regime under any circumstances. In this type of regime, the convict must serve his sentence for at least one year, while the administration is not obligated, but the right to transfer the person to the general regime of serving the sentence. Therefore, a person can be in strict mode for several years.
When in general regime and assuming violations of the regime, the convicted person may be transferred to strict regime. At least a year later, he can be returned back. The difference between the modes is the number of visits per year, the duration and availability of walks, telephone calls, the amount of funds allowed for personal use (food, the services of a photographer, the purchase of envelopes, stamps, postcards, etc.).
What is a pre-trial detention center?
First, we decipher the abbreviation SIZO - pre-trial detention center. As a general rule, such an institution is not related to the penitentiary system, that is, to the execution of a sentence of imprisonment. This institution contains suspects and accused, which means that the court did not pronounce a sentence on these persons, they are not convicted. The pre-trial detention center contains only those citizens in respect of whom a preventive measure has been applied - detention. Until the sentence imposed by the judge has entered into legal force, the person will be in the isolation ward and should not be transferred to another institution.
There are no regimes on the territory of such an institution, which means that all transfers are prohibited. There are also exceptions to the general rule, for example, a convicted person may be involved in the performance of economic work in the pre-trial detention center. But not only this circumstance can serve as the basis for serving the term of the convicted person in the pre-trial detention center. He is serving a term in a pre-trial detention center also when the sentence does not exceed 6 months.
Classification of pre-trial detention centers is not provided by law. We have defined the concept and types of regimes in prison. What is a pre-trial detention center (photos are provided for the most complete understanding of the system), you also learned. Now you can go to the comparison. What is the difference between a prison and a pre-trial detention center, because in the people such concepts are often identified?
Similarities of the prison and pre-trial detention center
- First of all, the similarity of the two institutions is that they are designed to limit such an important human right - the right to freedom of movement. This provision can be briefly characterized by isolation.
- The purpose of the work of the institutions is to correct the convicts and prevent the commission of unlawful acts by them and other people.
- In exceptional cases that were previously noted, the pre-trial detention center, like the prison, is a correctional institution in which convicts serve their sentences.
- In addition, both of these institutions have their own surveillance system, which we will discuss in more detail later.
Organization of supervision in pre-trial detention centers and prisons
Supervision in the penitentiary system is a combination of organizational, legal and technical measures, due to which the behavior of convicted, suspected and accused is constantly monitored. Oversight is necessary to uphold order, legality, justice and to some extent convict each other. Thanks to this component, internal security in the institution is ensured both within the circle of convicts and the officials themselves from them.
Is there still a difference between a pre-trial detention center and a prison, or is it a myth?
We hope that, having reached this part of the article, you already realized that the two institutions mentioned above belong to completely different spheres and cannot be identified. Nevertheless, we structure all the information and state it abstractly below:
- The prison is a correctional institution and part of the penitentiary (penitentiary) system of the Russian Federation, and a pre-trial detention center is the place of implementation of the preventive measure - detention.
- Convicted prisoners are kept in prison after the court verdict is entered into legal force, and suspects and accused are kept in pre-trial detention centers.
- The prison is a closed institution, on the territory of which there is an access control regime, this is not the case in the pre-trial detention center, and it can be built on the territory of the district police department.
- The law does not provide for the classification of prisons, but there are two regimes - general and strict; in the pre-trial detention center there are no regimes and classifications of the institution.
- Women cannot be imprisoned; only men are sent there either for violation of the established order in the colony, or when they are assigned to serve a sentence in prison for five or more years. Both men and women can be sent to pre-trial detention centers, and if convicts are serving their sentences, their imprisonment should not exceed 6 months.
Based on these provisions, one can easily determine what the difference between pre-trial detention centers and prisons is, because these are completely different institutions with different meanings and structures.
The value of pre-trial detention centers and prisons in the penal system
Now that we have decided how the prison differs from the pre-trial detention center, we can conclude that both of these institutions are of tremendous importance not only for the penal system, but for society as a whole. For a full understanding of the essence of the executive system of the Russian Federation, it is necessary to know not only its general characteristics, but also the difference between the basic concepts, for example, “prison” and “pre-trial detention center”. Thanks to such institutions of varying degrees of social danger, criminals are isolated from society and embark on the path of correction.
We hope that this article was interesting and informative for you, now you can distinguish and understand the features of the prison and the pre-trial detention center.