Mandatory work as a form of criminal punishment. Types of Corrective Work

The verdict is pronounced in Russia solely by the court. Only she can admit the guilt of a person. Accordingly, the court appoints a criminal penalty. It depends on the gravity of the crime. Further in the article we will consider some types of basic punishments provided for by the criminal legal system.

A responsibility

The Criminal Code provides for various penalties for crimes. They can be divided into:

1. Basic.
2. Additional.
3. Integrated. They can act as additional, and basic.

The first group includes:

1. Different types of compulsory work.
2. Restriction of freedom.
3. Arrest.
4. Forced labor.
5. Imprisonment (life imprisonment including).
6. Restriction in military service.
7. Different types of correctional labor.
8. Contents in the disciplinary part.

The list of punishments is specified in Article 44 of the Criminal Code. Sanctions included in the system operate in a certain ratio and subordination. Some can be appointed only as basic, others - only as additional. Certain sanctions apply to anyone guilty, others only to special subjects.

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 may enjoy all rights and perform duties on an equal basis with other citizens, but with certain restrictions. They are given a guilty verdict and conditions for the execution of this sanction. The convict is charged with the duty to perform socially useful activities free of charge in his spare time. Specific actions that a citizen must carry out are determined by the local authorities in coordination with the executive inspection.

Duration

The period of compulsory work is fixed in hours. It can not be less than 60 and more than 240 hours. The law allows attraction to public benefit activities for no more than 4 hours a day at weekends and when the convicted person is not employed in the main workplace. During working hours, it is allowed to involve 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

Compulsory labor as a form of criminal punishment applies to persons who have not attained the age of 18 years. For them, the duration of their serving is reduced to 40-160 hours. In part 3 of Article 88 of the Criminal Code it is explained that the minors are given feasible activities in accordance with their individual characteristics and state of health. Involvement in public benefit activities is allowed in the time free from training or basic work. Duration of employment should not exceed 2 h / day for 15-year-olds and 3 h / day for persons over 15 years old.

Execution mode

Compulsory work as a form of criminal punishment is aimed at correcting the subject and preventing the commission of new crimes both directly by him and by other citizens. The execution of the sanction appointed by the court is carried out by the authorized bodies. Their functions include:

1. The account of condemned.
2. Clarification of the order, according to which the guilty serve their sentence.
3. Coordination with the local authorities of the list of facilities where public benefit activities will be carried out.
4. Control over the behavior of convicts.
5. The total record of time worked.

The executive inspection, having obtained the decision and the order of the court, leads a private matter to the convicted person. It reflects the process of execution of imputed punishment by the subject. The inspector calls a citizen to a conversation. During it, the rules for the implementation of public benefit activities are explained, the details of the questionnaire of the convicted are clarified and verified, information that is important for ensuring the control of its behavior becomes clear. At the end of the conversation, the citizen receives a precept. Compulsory work as a form of criminal punishment can be appointed not later than 15 days from the date of receipt of orders and copies of the court decision to the executive inspection.

Object Definition

When establishing the type of compulsory work, the following shall be taken into account:

1. Place of residence.
2. Schedule of studies / main work.
3. Health status.
4. Professional skills.
5. Age features.

The Inspectorate coordinates with local authorities what organization should be sent to the convict, as well as the list of compulsory works that he can perform. After that, the company sends a notice along with a copy of the judicial act. The notification to the administration of the organization explains its rights and obligations, conditions for serving sentences to convicts, responsibility for non-enforcement of the order.

Tasks of the enterprise

The administration of the organization to which the convicted person is sent:

1. Control over the performance of the citizen's imputed work.
2. Informing the executive inspection about the number of hours or evasion of the convict from socially useful activities.

The administration of the enterprise must:

1. Approve the order for the admission of a citizen to work on a court order.
2. To acquaint the convicted person with the rules in force at the enterprise against receipt.
3. Conduct a daily report card, which reflects the number of hours worked by the convict, send his copies to the inspection every month.
4. Notify the supervisory authority of the non-attendance by the citizen of the place of activity and the violations that he committed.

Duties of convicts

Citizens involved in compulsory work must:

1. Follow the internal regulations at the enterprise throughout the period specified in the court decision.
2. Notify the executive inspection of the change of residence.

Providing a citizen on the main employment place of annual leave does not relieve him from the obligation to serve compulsory work.

Art. 50 CC

This article explains the peculiarities of correctional labor. They are considered traditional for domestic UK. Corrective labor may be assigned to a convict who does not have a primary place of employment. They are served in places that are established by the local government in agreement with the executive inspection within the territory of the citizen's residence. The essence of the sanction is the psychological impact on the subject, the restriction of a number of his labor rights, withholding his salary from 5 to 20% in favor of the state.

Forced labor

They were included in the Criminal Code in December 2011. To apply them directly in practice was expected 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, forced labor was decided to introduce in 2014. In September 2013, however, the Ministry of Justice drafted a bill, according to which, due to a lack of funding for the creation of specialized centers, the imposition of this sanction will be postponed until 2017.

The essence of the measure

Forced labor is used as an alternative to imprisonment. He is appointed in cases specified in articles of a special part - for committing acts of medium or small severity, as well as for the first conviction in life of a serious crime. If the court comes to the conclusion that correction of the subject is possible without real imprisonment, the deprivation of liberty can be replaced by a milder sanction. Its duration is from 2 months to 5 years. Forced labor is not appointed if the court imputes to the culprit imprisonment of more than five years.

Additionally

Forced work involves the involvement of a convicted person in activities in places established by the bodies and institutions of the penal-executive structure. Withdrawals are made from the citizen's salary in favor of the state. They are transferred to the p / s of the corresponding territorial subdivision of the MIS. The amount of withholding is determined by the court within 5-20% of the amount of earnings. If the citizen evades from serving his sentence, they are replaced by imprisonment at the rate of 1: 1 (the day of absence is equal to the day of deprivation of liberty). This measure does not apply to servicemen, minors, pregnant women and women who have children under the age of 3 who are dependent on them, to persons who are recognized as disabled of 1 or 2 groups, men after 60 and women after 55 years.