Correctional labor is a type of punishment that is assigned by a court to a guilty person for an atrocity crime. In this case, a person must work forcibly, and part of his earnings will go to state revenue. The execution of punishment in the form of correctional labor is carried out by specialized inspections located in the locality where the convicted person lives. The minimum term for such punishment is two months, and the maximum is two years. This will be written in more detail in this article.
the main thing
Many citizens know that there is such a form of punishment as correctional labor. Its main goal is the re-education of convicts without real isolation from society. Execution of punishment in the form of correctional labor is carried out by the guilty at the place of his labor activity. This is the law. In the event that the guilty person is not employed anywhere, the self-government bodies, in agreement with the criminal inspection, independently choose the place where the convict will be forced to work, but only in the area where the convict lives.
From the salary of the person serving the sentence, monetary deductions are made to state revenue. This amount can be from 5 to 20 percent. It is prescribed in the court verdict.
The period of time during which the execution of punishment in the form of correctional labor will last may be from 2 months to two years.
What is important to know
In the event that a person evades serving a sentence of corrective labor, the court may replace him with forced labor or imprisonment. These actions are carried out by the authority only at the request of the criminal inspection, which keeps a record of such convicts.
If correctional labor is replaced by forced labor, the term of serving a sentence shall be one day for 1 day. This is written in article 50 of the Code of Crime. If the court replaces executive work with isolation from society, then the time of serving the sentence is calculated so that one day in places of detention is equivalent to three days of executive labor.
Inspection Actions
First of all, the specified body must register the convicted person and monitor the execution of punishment in the form of correctional labor. In the event that the guilty person is not employed anywhere, local self-government bodies must send him to carry out compulsory official activities at any enterprise. In this case, the administration should coordinate this issue with the criminal inspection.
Work aimed at correcting the convict should be carried out by him only at the place of residence.
The timing
The perpetrators are sent by the criminal inspection for correctional labor at their main place of work no later than thirty days after the relevant court order arrives with a copy of the sentence. Deadlines must be firmly observed.
Work that will be forcibly carried out by convicts may not be less than two months and more than 2 years. This is the law. They are appointed in the form of the main punishment and only if this is indicated by the article of the special part of the atrocity code, according to which the guilty person was convicted.
Example
For a long time, a man did not pay money by court order to his wife for the maintenance of their common child.The investigator initiated a criminal case. At the trial, the man pleaded guilty, and also explained that he did not pay child support because he did not work and often drank. The government found him guilty and sentenced him to punishment for five months. Moreover, seven percent of the state’s income should be withheld from his earnings, and alimony arrears were also paid from the rest.
By agreement between the local administration and the criminal inspection, the convict was sent to work on a construction site.
According to law
Art. 39 of the Criminal Procedure Code of the Russian Federation indicates that the criminal-executive inspection is obliged:
- keep records of convicted persons who are assigned correctional labor by the court;
- explain to the guilty how they should behave during the serving of the sentence;
- to control these persons and ensure that the administration of the enterprise where the convicts work does not violate the requirements of the sentence;
- to carry out certain work with the perpetrators, which will be educational in nature, in addition, police officers must participate in this;
- monitor the behavior of convicts, record all violations;
- contact the local administration if you need to change the place of serving the guilty sentence;
- to decide on the forced delivery of those convicts who do not come to the mark upon the call of the inspector;
- to carry out measures to search for those persons who evade serving the sentence, as well as prepare documents for them and transfer them to the relevant organizations if the location of the latter is not established.
To whom are not assigned
Art. 50 of the Criminal Code of the Russian Federation indicates that there are certain categories of citizens who cannot serve their sentences in the form of works aimed at correcting them. The following persons belong to them:
- people who have a disability of the first group, because they, because of their state of health, will not be able to fully work for the good of the state;
- women who are expecting the birth of a baby;
- women who have children under three years old;
- the military, who serve on conscription or on a contract basis (in ordinary posts and sergeants), but provided that they have not served the period of conscription service established by law.
Thus, it turns out that not all citizens who have committed unlawful acts can be sentenced to punishment in the form of work aimed at correcting them. This once again underlines in its content Art. 50 of the Criminal Code, which states which of the convicts cannot be sanctioned.
Characteristic
Correctional labor as a form of punishment is the compulsory official activity of a convicted person in an enterprise where he works on a permanent basis or where he was determined by decision of the local administration and inspection bodies of which he is registered. In addition, the percentage that is transferred to the state budget is calculated from his earnings in this period. This amount is payable to the treasury, regardless of whether the convicted person has debts that must be repaid according to enforcement documents.
Many of the guilty persons who, prior to the sentencing by the judicial authority did not have a specific place of official activity, will be assigned to work by the local administration body, but only by agreement with the executive inspection. As a rule, convicts are engaged in socially useful work and help in the workplace. Many of the guilty men are sent to work on a construction site. There, a higher salary level, and therefore the percentage calculated from the income of the convict, payable to the state treasury, will be much higher.
However, perpetrators should only work in the area or city where they live. Convicts sent to work in another region are not allowed.
Order
After the inspectorate involved in the execution of sentences receives from the court a copy of the decision and the order that the convict is sentenced to forced labor, she must forward the documents to the enterprise where the convict works no later than 30 days. This is the law. In the event that the convicted person did not work anywhere before the verdict was pronounced against him, he will be sent for forced labor to the enterprise for which he is determined by the local administration. This issue must be agreed with the inspection.
In addition, the convicted person is registered with the authority that exercises control over the execution of sentences. A notice is sent to the court that passed the verdict that this procedural act has been accepted for execution. After this, the convict is summoned to the inspection with documents that confirm his identity. The guilty person should be explained all his rights and obligations, as well as the procedure for serving his sentence. And also the person is given an order with the conditions that must be observed.
Law enforcement officers should monitor the convict and check him at the place of residence and at work.
Where are the guilty hired?
If the convicted person does not work anywhere, then the place of his compulsory official activity should be determined by local authorities. This issue must be agreed with the Executive Inspectorate. As a rule, if the convicted person lives outside the city, he will be employed in rural areas. After all, the perpetrator should carry out his official activities only where he lives.
Work in rural areas always has a more beneficial effect on the convict and allows him to rehabilitate faster and take the path of correction. Especially if before a person had never lived outside the city, did not care for livestock on farms and did not monitor the farm. Moreover, in many villages there are enterprises and institutions where workers are always required because local residents do not want to work for a small salary and leave for the city.
Who can be recognized as violators
According to the law, a convicted person must serve his sentence in the form of correctional labor. The Criminal Code of the Russian Federation states that in case of evasion, the court can replace them with imprisonment. In addition, often instead of the specified type of punishment, forced labor is prescribed. This is the law.
If the convicted person has already committed a violation of the established procedure for the execution of punishment in the form of corrective labor, the inspection must issue a written warning to him. After that, this information will be recorded in his account card and marked in the personal file.
So, in order for the convicted person to be recognized as a violator of the order of serving the sentence, he needs:
- not to leave work within 15 days after he was registered with the inspection;
- not to come to the mark at the indicated time without specific good reason (if a person is sick, then you need to take a certificate from a doctor);
- not to observe the conditions and rules of serving the sentence provided by the PEC;
- appear at the workplace while intoxicated.
If the perpetrator performs one of these actions, the executive inspection has the right to file a petition in court with a request that the convicted person be changed to a different sentence specified in the law.
Ban
The convicted person cannot independently resign from the place of work where he is serving his sentence. He is entitled to do this only with the appropriate permission of the executive inspection. In order to obtain the consent of this body for dismissal, the perpetrator must indicate the reasons why he considers it impossible to continue the work aimed at correcting it.If the inspection finds them respectful and justified, then it will allow the convicted person to stop working at the enterprise.
Rest period
At the time when convicts are serving their sentences in the form of work aimed at correcting them, they have the right to annual leave, which is granted to them only after the agreement of the employer with the executive inspection. The duration of such a rest is eighteen days. Other types of leave shall be granted to the convict on the general grounds provided for by law.
Holding
Like all other citizens working at the enterprise, sentenced to punishment in the form of work aimed at correcting them, salaries are paid. Only from the convict’s income are deductions made in the amount of five to twenty percent to the state’s income. This is prescribed in the court verdict. These amounts are paid by the head of the organization for the entire period the convict has served his sentence. They do not depend on a person’s debt obligations under writ of execution.
In addition, the head of the organization, as well as the perpetrator himself, can apply to the judicial authority with a statement on reducing the size of deductions due to the poor financial situation of the latter. In the event that the court verdict was canceled or changed, the funds that were unnecessarily withheld from the convict should be returned to him.
Ending
On the last day of the convicted person serving corrective labor, the inspection sends a notification to the organization indicating that no more deductions are needed from his salary. If the guilty party is released from punishment for other reasons, then the executive body must transfer to the enterprise documents evidencing this no later than the next day from their receipt. In the book confirming the official activity of the convicted person, an entry is made that the period of work by the court verdict is not counted in the length of service.
Who approves
In the event that the person sentenced to corrective labor does not have a permanent career, he is sent to the enterprise where he is determined by the local government. This issue is always agreed with the criminal inspection.
As a rule, the list of correctional works and enterprises where the guilty will serve their sentence is always approved by the head of the local administration of a city or rural settlement. This is necessary in order for convicts to immediately begin useful work, and not to be idle for a certain period of time.
Practice
A man and a woman who are legally married and have a common child have not lived together for a long time. The baby's father did not take care of his upbringing and did not take part in the life of the child. In addition, he did not help his wife financially support their common child. The mother of the baby was forced to file a claim for alimony from her husband.
The man did not appear at the meeting, and the case was considered without his participation. After that, the woman was given an executive document in her hands, which she handed over to the bailiffs. Nevertheless, attempts to recover money for the maintenance of a child from his father forcibly did not lead to anything. The man in every possible way avoided payments and did not work. Then the interrogator initiated a criminal case on the fact of the father’s non-payment of funds for the child’s existence. At the trial, the man pleaded guilty, and also explained that he did not transfer alimony to his wife because he could not find work and had no source of income. In addition, the family father explained that he now lives at the expense of his mother, who helps him. Nevertheless, the court did not recognize the reasons for non-payment of alimony as valid and therefore found the man guilty. The convict was sentenced to five months of corrective labor. Punishment, he went to serve at a local enterprise.Seven percent of the state’s income was deducted from his income, as well as child support for the maintenance of a minor child.
Based on practice, we can conclude that this type of punishment is often used by the court instead of deprivation of the guilty liberty. Although in this case it could be done. Correctional work is used to ensure that convicts realize the unlawfulness of their actions and no longer commit new atrocities.