What is a restriction of freedom? Restraint of liberty as a form of criminal punishment

In modern conditions, the fight against crime is especially active. Thanks to its continuity, the freedom and rights of citizens are protected. This, in turn, helps to restore and maintain public order. In all activities conducive to this, a special role belongs to the penal system.

The main objectives of the work

The activities of the enforcement bodies are regulated by the Code of Criminal Procedure of the Russian Federation. The purpose of the work of the structure is to correct the convicts and prevent them and other persons from committing new offenses. Today, issues related to the execution of sentences have not only applied value, since they are always relevant and in demand in the systematization and theorization of the main provisions and scientific understanding. Based on the theoretical principles, recommendations are being developed whose task is to increase the efficiency of the execution of punishment and achieve its goal. In this regard, the study of the whole process, its goals and essence, in general, its significance, degree and possibility of correction of convicts using various methods of influence is of particular relevance. Along with this, the systematization of scientific knowledge in this field will also be carried out. As a preventive measure, the restriction of freedom is often applied quite often. Arrest is also used as a form of criminal punishment.

The concept of preventive measures

The content of punishment is a special form of coercion - punishment. In this regard, its implementation should be understood as the order regulated by the norms of the UIP on the application of measures of state coercion. It is expressed in the form of restriction of the rights and freedoms of citizens who have committed a violation. To denote the implementation of certain coercive measures, the term “serving” is also used in PECs. All definitions used express a single process of producing a coercive effect on a convicted person. Moreover, these terms are addressed to different participants and subjects of legal relations regulated by the CPC.

What is a "restriction of freedom"?

This concept is disclosed in Art. 53 in part 1 of the CPC. Restriction of liberty is the detention of a convicted person who has reached the age of 18 at the time of sentencing in a special institution. The latter is the correctional center. Restriction of freedom is not isolation from society. The convicted person is under supervision.

Application of measure

Speaking of what restriction of freedom means, it is necessary to dwell on the established procedure for imposing a preventive measure. In particular:

• For convicts for committing a deliberate crime and not having a previous criminal record - from 1 to 3 years.
• The restriction of freedom of convicted offenders resulting from reckless acts ranges from 1 to 5 years.

If the coercive measure in question replaces the mandatory or correctional work, convicted person is serving a term of at least 1 year. The restriction of freedom is not imposed on persons with disabilities 1, 2 grams, women with dependents up to 8 years old, pregnant women and over 55 years old. This category also includes men aged 60 years. In these cases, the application of a measure of influence will be regarded as an illegal restriction of freedom. This category also includes soldiers serving on conscription.Restriction of liberty as a form of criminal punishment can be applied in order to replace the unexpired part of the term or act as a milder method of influence.

Special Institutions

Correctional centers through which a sentence is implemented as a restriction human freedom in society, are included in the relevant executive structure. In order to create proper conditions conducive to the full correction of convicts, to prevent a break in the positive connection with the team in which he works, and with his family, it is necessary that these institutions are located at the place of his permanent residence or within the borders of the relevant subject of the country.

Important point

Often, unknowingly, some people confuse the concepts of deprivation and restriction of freedom. It must be said that these are two different measures of coercion. At the same time, the restriction of freedom can act as a softer punishment for a convict serving a term by a court sentence in places of deprivation of liberty. In case of replacement of the unserved part of the punishment, the person is also sent to the correctional center. However, in this case, two convicts, to whom the restriction of freedom applies for various reasons, cannot be in the same institution. Persons with a criminal record are placed separately from others. Convicted accomplices are also sent to various correctional centers.

Arrival of the convicted person in the institution

According to Art. 47, part 3 of the Penitentiary Institution, local self-government bodies should promote the domestic and labor placement of persons to whom the restriction of freedom is applied as a measure of coercion. The Criminal Code of the Russian Federation also regulates the order of convicts sentenced to correctional institutions. As a rule, individuals arrive at the center on their own at the expense of state funds on the basis of an ATS order after the sentence has entered into force. The convicted person must leave for the institution within three days from the receipt of the order, which defines, among other things, the period during which he must arrive at the indicated place. Similarly, a person is being followed to whom the unserved part of one preventive measure has been replaced by another.

If the convicted person evades receiving the necessary order, as well as if he does not leave within a certain period of time, the police department may detain him on the basis of the sanction of the prosecutor for 15 days. In the absence of a good reason explaining his behavior, he is sent to a correctional center under guard. According to a court ruling, if necessary, a convicted person can be sent to an institution in accordance with the procedure applicable to criminals sentenced to imprisonment. They are sent to serve time under escort. Release from custody is carried out immediately after arrival at the designated place.

Procedure for calculating the term

It is determined by Art. 49 in part 1. In accordance with it, the calculation of the period for which the restriction of freedom is established is carried out from the moment of registration of the arrived person in the executive institution. This period includes the time of his detention and following to the center under guard. In the latter case, one day of escort is equal to two days of serving the sentence.

If a convict is granted a conviction upon replacement of deprivation of liberty with its restriction (as a rule, short-term - no more than five days), his time and stay in transit shall also be counted against the time limit set for him. One day is equal to the day of stay in the center. At the same time, the period for which the restriction of freedom is determined does not include the period during which the convict was absent from the place of residence or work, having left them without permission. Information about the beginning of the serving and completion of the term, as well as the period of the person’s detention in the institution, is reflected in the personal file.

Serving time

The order of detention of convicts in correctional centers is determined in accordance with Art.50 PEC. According to it, the territorial bodies of self-government, on the proposal of the police department, establish the boundaries of the correctional center and the rules of conduct within them. The institutions themselves have an internal schedule approved by the Ministry of Justice in coordination with the Prosecutor General. Convicts in the centers are supervised at the place of work and residence. Persons held accountable should work where they are invited by the administration.

They must also constantly be in the center and not leave it without permission. Dormitories are provided with accommodation for convicts. Leave them in night time prohibited without permission of the administration. At the same time, persons serving sentences should participate in the improvement of the territory outside working hours and without remuneration. The duration of this lesson is no more than 2 hours a week. When moving within the center, they must have with them an appropriate certificate.

The rights

Convicts are allowed to carry and dispose of money. Persons held liable have the right to buy, store and use various substances, products and items. The exception is those that are prohibited by law and the internal rules of the center. The latter, for example, include firearms and melee weapons, explosive and hazardous substances, military uniforms and so on. In the event that any prohibited item is discovered, it is subject to seizure. It is then transferred to storage, destroyed or sold. In the latter case, the funds received are sent to the appropriate budget. Throughout the term, convicts, as well as the premises in which they live, can be searched, the things of a person can be searched.

Opportunities

If the convict has a family and during the term of serving the sentence he does not violate the Rules of Internal Order, he may be allowed to live with his relatives on rented or own housing. In this case, he needs to come to the correctional center to register up to 4 times a month. The frequency of its appearance is determined by the boss. Convicted persons are legally entitled to receive part-time education in secondary and higher educational institutions within the territory of the subject in which they are serving their sentences.

Housing conditions

Persons in the correctional center are provided with personal berths and bedding. The norm of living space for 1 person should not be less than 4 m². This provision is indicated in Art. 51, part 2 of the precinct. Convicts also use civilian (ordinary) clothing. However, she, like linen and shoes, is acquired by persons at their own expense on their own. If they are absent for reasons beyond the control of the convict, the center may provide material or financial assistance.

Nutrition and treatment

It is also paid by convicts. Catering is carried out by the administration of the center. If the person located in the center does not have the means to pay, state money is allocated for him. Sanitary and preventive and therapeutic measures are carried out according to the rules and norms defined by the relevant legislation and PECs. Outpatient and inpatient medical services are performed by the health authorities at the place of residence of the convicts. In special cases, persons may be granted the right to travel outside the center for treatment.

Work

For persons held liable with restriction of liberty, the order of work is determined in accordance with the conditions of serving this type of punishment. An important point should be noted here. Attraction of convicts is carried out regardless of their desire. They should work where the administration of the center directed them. The work of convicted persons is regulated by Art. 53, part 2 of the PEC, with the exception of the procedure for admission, transfer and dismissal.For people who do not have a specialty, initial or vocational training courses are organized. This obligation is assigned to the administration of the center in accordance with Art. 55, part 1 of the PEC. Attraction of convicts to work is carried out taking into account their physical capabilities and state of health, as well as the level of training. While serving a sentence, the dismissal of persons is prohibited both at the initiative of the administration and at the request of the criminals themselves. The following are considered exceptions to these rules:

• Release from places of serving a sentence on the grounds established in the relevant regulatory enactments.
• Transfer of the convicted person to another organization or other center to work.
• Replacing restrictions with imprisonment.
• Inability to perform a certain type of work for health reasons.
• Entry into force of a sentence by which a person is involved in imprisonment.

Educational work

The effectiveness of the execution of sentences largely depends on the clear interaction of the leadership of the structural units. Conducting educational work with convicts is the responsibility of both the management of the correctional center and the organization in which the person works. The law enshrines certain forms and methods of influencing the consciousness of prisoners. In particular, they are:

• Individual work (mentoring, patronage).
• Involvement in the educational process of family members, the work collective, and representatives of the public present in the center.

The active participation of those held accountable in activities is taken into account when determining the level of correction and is encouraged. The most important areas of close cooperation and interaction between the center administrations include:

• Mutual timely and complete information about the behavior of persons serving their sentences, their observance of work discipline, internal order, the application of penalties and rewards to them; joint inspections of the activities of convicts at the workplace, etc.
• The joint holding of various events to clarify the regulations on this punishment, as well as the legal status of convicts.
• Search for possible ways of employment of persons on correction during the reorganization or liquidation of the enterprise.

Responsibilities of the centers

Together with ensuring the conditions and the procedure for serving a term, performing appropriate supervision, and carrying out educational work, management can apply penalties and incentives to the convicted person within the framework of existing normative acts. For good behavior can be used:

• Thanks.
• Permission to spend a weekend or holiday outside the center.
• Removal of previously imposed collection ahead of schedule.
• Cash bonus and others.

In addition, convicts may be submitted to parole (parole). This is considered the highest form of promotion. In case of violation of discipline, public order or rules of residence, the center's management may apply:

• Rebuke.
• A room for up to 15 days in a disciplinary isolator.
• Prohibition to leave the hostel at the appointed time for a month.

Additional Information

Today in the executive sphere, new regulatory acts have been adopted and are in force. In particular, they are the Government Decree on the use of various technical means in the supervision of convicts and the Instructions for the execution of the coercive measure under consideration. These documents establish a specific list of devices that are used in the exercise of control over persons for whom restriction of freedom has been established as a form of criminal punishment. An electronic bracelet is the most common means of tracking the location of a convicted person. It is worn on the arm or leg and is designed to be worn for a long (more than 3 months) period.