What is the difference between the restriction of freedom from imprisonment: difference, description, features

In the Russian Federation, more than 950,000 criminal cases are registered annually. Of course, most of them are successfully disclosed. The perpetrators of the offenses appear in court and receive a punishment appropriate to the crime.

The punishment depends on the gravity of the offense. The court assesses not only the amount of damage, but also the degree of danger a person has to society: if the accused has been repeatedly tried for the same category of crimes, then he is unlikely to stop. In this case, the court will take into account all previous convictions and impose the most severe punishment.

Often in a sentence one can hear such punitive measures as “restriction of freedom” and “imprisonment”. What is the difference between these preventive measures, and what are their features?

What is a restriction of freedom?

There are a number of punishments for crimes that allow you not to isolate the culprit from society and not pull it out of the usual rhythm of life. Such sanctions include restriction of freedom.

This measure imposes certain obligations and prohibitions on the perpetrator, which he must strictly comply with, otherwise the conditions of the sentence may be reviewed.

Ways to limit the rights of the convicted

Depending on the type of crime and the degree of guilt, certain obligations will be imposed on the offender. What is the difference between the restriction of freedom from imprisonment? A criminal who has received a punishment in the form of a restriction of freedom is required to register with the criminal-executive inspection. It is this organization that monitors the implementation of the restrictions imposed and gives permission to visit certain organizations or to change the place of work and residence.

Types of restrictions:

1. The guilty person is forbidden to leave his place of residence at certain times of the day. Most often, the restriction applies to night and evening time.
2. A criminal cannot visit places whose list is approved by the criminal-executive inspection.
3. The accused cannot participate in large events and visit crowded places.
4. The culprit is not entitled to change his place of residence without special permission from the criminal-executive inspection.
5. A change of place of work and study also requires additional permission.

The sentence depends on the severity of the crime. Usually a restriction of freedom is imposed for a period of 2 months to 4 years. What is the difference between the restriction of freedom from imprisonment by time? In the second case, the defendant can remain in isolation from society for up to 20 years, while in the first the term rarely exceeds 4 years.

Deprivation of liberty

One of the most serious penalties is imprisonment. Do not think that such a measure applies only to the most notorious criminals - even for a minor offense, you can go to the colony.

The essence of this measure is to isolate the defendant from society and send him to a correctional institution. It is there that the criminal must rethink his actions and learn to live by the law.

Living conditions in special institutions depend on their type. There are colonies where criminals live in a common room, have the right to visit and receive parcels with things from their relatives.

If the crime is grave and especially grave, the guilty person can be placed in solitary confinement, reduce walking time, and prohibit any visits and conversations with people outside the institution.

What is the difference between restriction of liberty and imprisonment? In the first case, the preventive measure is milder than in the second.

Features of deprivation of liberty

The court will decide the further lifestyle of the defendant. An important factor is not only the severity of the crime, but also the institution to which the offender will be sent.

The main conditions of imprisonment:

• The punishment the offender is serving in a special institution.
• Depending on the degree of punishment, a person may be prohibited from any connection with the outside world or allowed to see relatives.
• Prisoners can receive parcels containing items that are allowed for transfer. The exception is only very strict modes.
• Criminals are allowed walks in the fresh air. As a rule, within 1 hour they are released from the cells into the courtyard, which is also fenced and monitored by the guards.
• Prisoners can be brought to work. As a rule, this is some socially useful work. For labor, criminals can receive additional privileges or wages.

Based on this, it is easy to answer how the restriction of freedom differs from imprisonment. In the first case, the person remains at his place of work or study.

Restriction of liberty and imprisonment

These two similar punishments are completely different:

1. With the restriction of freedom, a person is not isolated from society. The culprit remains in the familiar environment. True, now he is under the constant supervision of the judicial-executive inspection.
2. Moreover, with the restriction of freedom, the defendant can calmly communicate with his relatives and friends. The main thing is not to violate a number of obligations imposed by the court.
3. Restriction of liberty often acts as an additional punishment. He is appointed to persons who have already served a sentence of imprisonment. This measure helps people adapt to other living conditions.
4. The terms of imprisonment are usually much higher than other types.

The difference between the restriction of freedom from imprisonment will be more clearly shown in the table.

The question of how the restriction of freedom differs from imprisonment and from arrest is quite simple to answer. Arrest is only a preventive measure. Roughly speaking, the defendant is placed under arrest until sentencing. But restriction and imprisonment is a punishment imposed by the court after the consideration of the case.

Restriction of liberty and imprisonment on probation

Conditional punishment is usually given to a person so that he can prove his correction. Throughout the entire term, the perpetrator must show that he understood the whole illegality of his act and will not allow this anymore.

According to the obligations imposed by the government, these two penalties are very similar. So what is the difference between the restriction of freedom from imprisonment conditionally?

The main difference is in the sentences. With conditional detention, the duration of a preventive measure can reach 8 years. The restriction of freedom does not provide for the abolition of punishment after half the time if the offender has proved his correction.

Whatever the sentence, the main thing is that the offender is fully aware of his responsibility to society and to himself. During the execution of the punishment, the perpetrator must understand what his mistake was, and no longer allow it.