What are corrective, compulsory and forced labor?
So, let's look at the definitions of these types of punishments. Correctional labor means that the punished citizen serves the assigned term while attending his main place of employment.
At the same time, during the period of imposition of a corrective punishment, a certain part of the salary of this employee is withheld in favor of the state. The amount of deduction may vary, but it must be no less than five and no more than twenty percent of the salary.
If the punished person does not have permanent employment, then he is provided with temporary employment. The institution in which the citizen will work is chosen by local governments. It must be located at the place of residence of the convicted person.
Compulsory work comes down to the fact that a citizen performs some socially useful activity. Such events are held during times not busy with work or study. And this activity is absolutely free; no salary is paid for it. The place of detention is also determined by local government bodies in agreement with the penitentiary inspectorates.
Forced labor in certain circumstances can replace punishment in the form of imprisonment. Convicts are sent to special institutions where they serve their sentences. Preference is given to those institutions that are located in the same region where the punished person lives.
At the same time, a person in such institutions is also paid a salary, but from it they deduct from five to twenty percent into the state budget.
Mandatory work
This term is understood as one of the types of social labor to which a guilty person can be sentenced for a minor crime.
This measure is applied for the following types of offenses:
- theft;
- fraud in transactions;
- beatings that resulted in slight harm to health;
- hacking;
- slander.
It is important to consider that this measure is not the only one. Mandatory measures are often combined with placing a person in a correctional facility for up to 3 months. The maximum sentence period ranges from 60 to 480 hours.
At the same time, there are also working standards per day:
- for persons 14-16 years old – no more than 2 hours;
- for people 16-18 years old – no more than 3 hours;
- for adults – no more than 4 hours.
The specifics of mining and the enterprise at which it will be carried out are chosen by local authorities. They first coordinate the decision with the criminal executive authorities.
The peculiarities of this punishment do not allow it to be applied to the following groups of people:
- disabled people of group I;
- pregnant women and women who have children under 3 years of age;
- conscript soldiers who are subject to conscription.
Main differences
Despite the apparent similarities, the considered methods of punishing criminals differ significantly from each other. Let's take a closer look at these differences.
The differences between compulsory and correctional labor lie in the time and location of the punishment. In the case where a person was initially employed, his activities will not change much when corrective actions are applied. But compulsory work already significantly reduces the amount of free time a citizen has.
The differences also concern the material side of the issue. Mandatory work is completely free. And in case of correction, after deducting the required percentage, the convicted person remains part of the money earned.
The difference between forced labor and correctional labor is even more significant. During compulsory actions, the citizen’s place of residence radically changes. He is sent to a special center. And in general, this punishment is the most severe of those considered. But in the material matter there are no differences. Remuneration is made, but with a deduction of part of the income.
Read what administrative liability is incurred for damage to property.
And here we are talking about liability for theft of state property under Article 89 of the Criminal Code of the Russian Federation.
Useful article “Responsibility for the exploitation of child labor in Russia.”
Concepts and legislative regulations
Mandatory
Compulsory work implies that a convicted person performs free, socially useful work in his free time.
Their type is determined by compulsory medical insurance.
The number of hours of such work is different in each case, it all depends on the circumstances of the criminal case. The duration of such work varies from 60 to 480 hours.
It should be noted that the person punished cannot perform community service for more than four hours a day. Public works are established at the legislative level: they are prescribed in Article 49 of the Criminal Code of the Russian Federation.
Compulsory labor is applied as a main measure instead of a fine or as a mitigated punishment.
The citizen does not receive a salary for the work performed. The funds are sent to the state budget.
A citizen cannot choose the type of work or place where it will be carried out. They are always forced, without the right of refusal. Their goal is purely educational and has a moral impact.
Such work helps the offender understand that there is no excuse for his misdeeds and they should not be committed in the future.
Usually this punishment really helps to rehabilitate offenders and prevent them from committing crimes in the future. However, if a person does not perform such work, he may be sent to prison.
What is compulsory work ordered by a court? Read about it.
Watch the story about mandatory work:
Correctional
Correctional labor is a type of criminal punishment that involves forcing a violator to work.
It is characterized by the deduction of a certain part from his earnings to the state income.
These works are established at the level of law, prescribed in Article 50 of the Criminal Code of the Russian Federation. From 5 to 20% of income can be deducted from a citizen’s salary, depending on the circumstances of the criminal case.
Corrective labor can last from 2 months to 2 years. The offender serves his sentence at his main place of work. He can stay in the subject of residence, in his hometown.
If the convicted person does not have a permanent job at the time of sentencing, the place where he will serve his sentence is determined. Typically, correctional labor involves performing low-paid labor. Violators, as a rule, work as janitors and loaders.
They cannot resign of their own free will. Convicts must first obtain permission from the penitentiary inspectorate for dismissal.
If there are no compelling reasons, this permission will not be obtained and the citizen will have to continue to work in the assigned place, even if he does not like it.
Where do those sentenced to correctional labor work? Find out from the video:
Forced
Forced labor is used as an alternative to restriction of freedom.
They are appointed for both minor misdemeanors and serious crimes. The purpose of such work is to re-educate the offender.
When performing such work, 5-20% of the amount is deducted from the prisoner’s salary. The exact percentage is always determined individually. It all depends on the circumstances of the criminal case and the severity of the crime committed.
If it was serious, the offense is serious, 20% may be deducted from the salary. The duration of this punishment varies from two months to five years. It is enshrined in Article 53.1 of the Criminal Code of the Russian Federation.
If the offender is punished with imprisonment, then forced labor is not assigned. The offender performs such work in correctional centers. If possible, the punished person performs work in a correctional center in the subject of residence.
All work performed by the criminal is monitored by employees of the criminal correctional inspection. This is necessary so that the person being punished does not avoid his duties and actually does what is required.
Why are they punished with forced labor? Expert comments:
Deadlines
Another important difference between the measures under consideration will be the different time frames for their implementation. Possible time frames are determined by law. The range is quite wide. And the final decision is made by the court.
So, the minimum duration of correctional labor is two months, the maximum is two years. The duration of mandatory work is calculated in hours. They can be prescribed for a period from 60 hours to 480 hours. But you can work no more than four hours a day.
As for forced labor, it can be the longest. Their minimum length is also two months, but the maximum can be five years.
Differences
There are also obvious differences between these concepts:
- Compulsory work is performed during free time from the main activity and is not paid in any way, while correctional work allows you not to change your usual daily routine, only giving part of your income to the state.
- When choosing compulsory labor when announcing a sentence by the court, its duration is assigned in hours, for correctional work - in months, years and weeks. In the latter case, there are a number of advantages: this period also includes legal leave of 28 calendar days and paid sick leave.
- From the above it follows that correctional labor is a lighter form of responsibility for criminal offenses than mandatory labor: it limits less the freedom and usual schedule of the offender.
MiscellaneousComment
Substitution of punishment
What happens if the convicted person avoids fulfilling his duties in every possible way?
The judge may well replace one punishment with another, more severe one. For example, correctional measures can be changed to forced or imprisonment. In this case, the following calculation of the duration of the punishment is carried out.
Each day of unfulfilled correctional labor will be equal to one day of forced labor. Or every three days of correctional punishment is replaced by one day of imprisonment.
The same replacement will apply to mandatory work. Only the timing ratio changes. They will be imprisoned for one day or sentenced to forced labor for every eight hours not worked. And for days of forced labor not completed, they will be deprived of liberty for the same number of days.
And another important point. Each of the considered types of work is not assigned to disabled people, pensioners, minor citizens and women expecting a child.
Common features
Both penalties have a number of common features, in particular:
- Both types of social labor activity are aimed primarily at correcting the convicted person, and not at isolating him from society.
- There is no complete restriction of freedom, thanks to which the convicted person can lead a normal lifestyle and not be strongly influenced by the criminal environment.
- Both types of social labor are assigned for crimes of minor gravity. For crimes of higher gravity, the punishment chosen is much more severe, although there are exceptions.
- For malicious evasion, as well as for material damage caused to the supervising organization during a given period, in both cases a number of tougher measures, including imprisonment, may follow.
- The same categories of citizens to whom these measures cannot be applied.
Who else can be connected to control?
Knowing what it is, we can list some of the functions of other services:
- Prosecutor's office. It is an edifying body whose employees must check the cases of convicted citizens and all the necessary conditions for serving their sentences at least once a quarter. And, if the employee’s actions violate the laws, the prosecutor has the right to demand that the inspectorate employee be brought to disciplinary liability.
- Police, namely the PDN department (when serving sentences by minors). The police are called upon to assist the inspection in accordance with the Criminal Code of the Russian Federation.
- Administration of the employing company where the convicted person works. It is such a company that is legally entrusted with control over an employee at his workplace. This includes drawing up time sheets, calculating working hours and ensuring labor safety.
All these bodies and structures are responsible for monitoring the work and its implementation by the convicted person when presenting his behavior within the work system.
How many hours a day can you serve the maximum amount of compulsory work?
Compulsory work is performed no more than four hours a day. On weekdays, the duration of compulsory work cannot exceed two hours, and with the consent of the convicted person - four hours a day. The time of compulsory work during a week, as a rule, cannot be less than 12 hours.
Interesting materials:
How much alcohol can you import into Russia from Armenia? How much alcohol can be exported from Latvia to Belarus? How much alcohol can you take on a plane? How much Anastrozole should I take during the course? How many towers are there in Moscow City? How long should you run on the track? How much bleach should I add to the water? How much protein is in 100 g of 5% cottage cheese? How much protein is in 100 grams of chicken meat? How much protein is in the food?
The procedure and features of serving the sentence
After the sentence enters into legislative force, a copy of it must be sent to the district inspectorate, whose employees are directly involved in the execution of such types of punishment. The citizen is then registered and a personal file is created for him.
The procedure for the formation and execution of punitive measures as labor involves the following steps and tasks:
- An inspector's visit to a citizen. This is important for delivering a notice with the date and time of appearance at the inspection.
- Dialogue with a convicted citizen on the day of his appearance.
- Giving the convicted person a written referral to the company in which he will serve his sentence.
- A call from the inspector to the company to confirm the appearance of the defendant and record the start of work under a contract or officially.
- Receipt by the inspector of a report card and other information indicating working hours and wages.
If during work a citizen’s situation worsened (the appearance of children, alimony, deteriorating health and other reasons for non-payment), he has the right to apply directly to the judicial authorities with a request to reduce the interest paid to the state.
The inspector and the one who offers the work have the right to do this, but in practice there have been no such cases. After the term ends, the convicted person will be deregistered, however, within a calendar year from this date he will be a convicted person. This is also noted by sources of Russian penal legislation.
