Correctional work - This is forced labor. This type of punishment is assigned as the main one. And it cannot be extra. That is, correctional labor cannot be accompanied by a fine or imprisonment. At the same time, a certain part is deducted from the convict's salary to the state treasury.
What is forced labor
This is a form of criminal punishment under article 50 of the Criminal Code of the Russian Federation. It became widespread in the Russian Empire. For crimes they referred to hard labor, not completely isolating the convicts from society. Applied corrections and in cases where a citizen could not pay the assigned fine.
In Soviet times, engaging in forced labor and recovering from the state was also used as a punishment. Correctional work in the Criminal Code was provided both at the place of residence and during the exile. Until 2002, inclusive, such labor in the form of punishment was applied to convicts who had the main job, from 5% to 20% were calculated from the citizen’s earnings in favor of the state.
Since 2003, article 50 of the Criminal Code of the Russian Federation has been amended. As a result, convicts who do not have a main place of work began to be involved in correctional labor. In 2011, the article was changed again. According to it, both persons who have the main job and those who do not have one can be involved in forced labor.
Article 50 of the Criminal Code
Types of correctional work consist of two main parts. The punishment is served:
- at the place of work;
- in places determined by local government in agreement with the executors of the sentence. Usually in the area of residence.
Correctional work at the main place of employment can be called a fine levied on a defendant in installments. Punishment implies a psychological impact, restriction of a part of a citizen’s rights.
Types of corrections that are not served at the main place of employment have their drawbacks. For example, they try not to appoint them in rural areas. This is done because there often are no enterprises that would correspond to the qualifications of the convict, which reduces the effectiveness of the punishment. Another disadvantage is that the convict is forced to work in a team unfamiliar to him.
Who is assigned correctional labor
They are used for minor crimes, if the court considers that correction of the convict is possible without isolation from society. Also, sometimes correctional labor may be sentenced as a substitute for a fine. For example, if the convict does not have the necessary amount of money, then he must work it out. In some cases, such punishment is imposed instead of imprisonment. The court may grant a reprieve to mothers until their child reaches the age of 8.
How are corrective labor timeframes assigned?
The calculation is in days, months or years, depending on the severity of the offense or crime. The term of correctional labor can be set from 15 days to 2 years. If a person is sentenced to a month of such work, then the time will be considered as follows. For example, in a month there are 10 days off and holidays - all of them do not count. Only days that are officially working days are considered. For example, 20 in one month, the remaining 10 are carried over to the next.
How is the period of correctional work calculated? The beginning is considered the day when the convict began to work. The time when he did not work does not count. This applies not only to weekends and holidays, but also to sick leave. The days of home and administrative arrest or detention.
Duties of convicts sentenced to executive labor
Citizens serving a sentence in this way have a certain responsibility for the enforcement of a court decision. They must comply with the procedure and conditions of punishment. Conscientiously and honestly to work. Reported to the supervisory inspection on the indicated days.
The convicted person cannot refuse the offered work. During the sentence imposed, he does not have the right to quit of his own free will, if there is no permission from the criminal control authorities. Moreover, it should only be in writing. The supervisory inspection issues permission only after the reasons for dismissal are clarified, and only if they are justified. If the supervisory authorities refuse the application to the convict, then a reasoned explanation must be provided. His convict has the right to appeal in court in the prescribed manner.
If the place of permanent work or residence has changed, the citizen is obliged to notify the authorities controlling the punishment. And do it no later than ten days after the change of residence. A citizen sentenced to correctional labor has the right to leave, which is granted on a general basis. But the annual paid is reduced to 18 business days. Its provision must be agreed with the supervisory inspection.
If the convicted person is seriously ill and as a result can no longer serve his sentence, he has the right to go to court and apply for early release. As in the event that he was recognized as disabled I or II group. If a woman, while in correctional labor, became pregnant during punishment, then she, too, has the right to go to court, asking for a delay in punishment. She is appointed from the day she is granted maternity leave. The serving of correctional labor in this case continues after the end of the decree.
Duties of the administration in relation to the working convict
The administration of the enterprise where the convicted person works, must make the right deductions from the salary of this citizen on time. Monitor his behavior and compliance with the conditions of punishment. Assist regulatory authorities in educational activities. Notify of rewards and penalties that have been applied to the convict.
Administration is required to report no exits to work, being late, neglect of punishment. And in the case of his transfer to another position or upon dismissal, send a preliminary notice to the inspection in advance.
Violations during the serving of correctional labor
Failure to comply with the requirements of the court may entail additional punishment in the form of imprisonment. Violations are understood as:
- absenteeism (if there are no good reasons), including within 5 days after the order of the supervisory authority was received;
- failure to appear at the inspection;
- the appearance at the workplace while intoxicated, toxic or narcotic intoxication.
In this case, the supervisory inspection must warn the convict in writing that the sentence has changed, and it has been replaced by another. Additionally, a citizen is obliged to appear twice a month for registration with supervisory authorities. If the convicted person specifically evades correctional labor, then this is already considered a repeated violation of the law. Especially if he had previously received a written warning.
A convicted person who has changed his place of permanent residence, has not warned the controlling authorities and has ceased to attend correctional labor is considered to be maliciously evading. The type of punishment in this case is toughened. A citizen is put on the wanted list and put under arrest. His term is assigned on the basis of the scheme - 1 day of imprisonment for 3 days of missed correctional labor. The court has the right to extend this period to 30 days.
Who is not assigned correctional labor
Persons who are already disabled I and II groups.Pregnant women and women who have minor children under 3 years old. Military personnel if they serve in the army on conscription. Contractors, if their rank is “ordinary” or “sergeant,” and at the time the court appoints a sentence, they are in the army.
