Article 58. Assignment of a type of correctional institution to persons sentenced to imprisonment

1. Serving of imprisonment is assigned:

a) persons convicted of crimes committed through negligence, as well as persons sentenced to imprisonment for committing intentional crimes of minor and medium gravity, who have not previously served imprisonment - in colony settlements. Taking into account the circumstances of the commission of the crime and the identity of the perpetrator, the court may assign the indicated persons to serve their sentences in general regime correctional colonies, indicating the reasons for the decision;

b) men sentenced to imprisonment for committing serious crimes who have not previously served imprisonment, as well as women sentenced to imprisonment for committing serious and especially serious crimes, including any type of recidivism - in general regime correctional colonies;

c) men sentenced to imprisonment for committing especially serious crimes, who have not previously served imprisonment, as well as in case of relapse or dangerous relapse of crimes, if the convicted person has previously served imprisonment - in high-security correctional colonies;

d) men sentenced to life imprisonment, as well as in cases of particularly dangerous recidivism - in special regime correctional colonies.

2. Men sentenced to imprisonment for committing especially serious crimes for a term of over five years, for committing crimes provided for in Article 205.2, part two of Article 205.4, part one of Article 206, part one of Article 211, articles 220, 221, 360 of this Code , as well as in the case of a particularly dangerous recidivism of crimes, serving part of the sentence may be imposed in prison, and the court counts the time the convict is held in custody before the conviction enters into legal force as part of the term of serving the sentence in prison.

2.1. Men sentenced to imprisonment for committing crimes under articles 205, 205.1, 205.3, part one of article 205.4, article 205.5, parts two - four of article 206, article 208, parts two - four of article 211, articles 277 - 279, 281, 317, 361 of this Code, serving part of the sentence is assigned in prison. In this case, the period of serving the sentence in prison after counting the time of the person’s detention before the court’s conviction enters into legal force must be at least one year. Determining the type of correctional institution for serving the sentence remaining after serving part of the sentence in prison is carried out according to the rules established by this article.

3. Persons sentenced to imprisonment who have not reached the age of eighteen at the time the court pronounces the verdict are assigned to serve their sentence in educational colonies.

4. Changing the type of correctional institution is carried out by the court in accordance with the penal legislation of the Russian Federation.

• Article 57. Life imprisonment
• Article 59. Death penalty

Commentary to Art. 58 of the Criminal Code of the Russian Federation

In Art. 58 of the Criminal Code of the Russian Federation regulates the issues of assigning a type of correctional institution to those sentenced to imprisonment. Such regulation is necessary due to the fact that, although convicted persons are sentenced to imprisonment, the range of legal restrictions and conditions for serving the sentence will be different depending on what type of institution is assigned to serve the sentence. That is why the court verdict must indicate not only the assigned term of imprisonment, but also the type of correctional institution (except for medical correctional institutions).

The presence of different types of correctional institutions allows for a differentiated approach to convicts of different categories. The criteria for assigning a type of correctional institution to a person sentenced to imprisonment are: a) the form of guilt; b) category of crime; c) the fact of previously serving a sentence of imprisonment; d) gender; e) age; f) the type of punishment imposed (for a certain period or for life); g) type of relapse; h) the term of the imposed imprisonment.

The combination of these criteria in various versions makes it possible to identify those categories of convicts who are assigned to serve imprisonment in a correctional institution of a certain type.

It should be borne in mind that the law excludes the possibility of assigning one or another type of correctional colony at the discretion of the court. Only in the cases specified in paragraph “a” of Part 1 of Art. 58 of the Criminal Code of the Russian Federation, the court may order those convicted (men and women) for an intentional crime of minor or medium gravity, if they have not previously served a sentence of imprisonment, or for a crime committed through negligence, to serve imprisonment in a general regime correctional colony instead of a colony - settlements with the reasons for the decision given in the verdict.

A person who has previously served imprisonment should be considered a person who, for a crime he committed in the past, was sentenced to a sentence of imprisonment and served it in a correctional colony, prison, medical correctional institution, medical and preventive institution (Article 74 of the Penal Code of the Russian Federation) or in an investigative institution in an isolation cell for carrying out investigative actions, participating in court proceedings or in connection with being left to perform housekeeping work (Articles 77, 77.1 and 77.2 of the Penal Code of the Russian Federation), if the conviction for this crime was not withdrawn or expunged at the time of the commission of a new crime .

Those who have previously served a sentence of imprisonment, in particular, also include:

a) a person conditionally sentenced to imprisonment, who, on the grounds set out in Parts 3, 4 and 5 of Art. 74 of the Criminal Code of the Russian Federation, was sent to serve imprisonment in a correctional institution;

b) a woman sentenced to imprisonment, who, after serving part of her sentence, was released from a correctional institution with a deferment of serving the sentence in accordance with Art. 82 of the Criminal Code of the Russian Federation;

c) a person sentenced to imprisonment, who, after serving part of the sentence, is released from prison on parole or under an amnesty, by way of pardon, due to illness (Article 81 of the Criminal Code of the Russian Federation) or for whom the remaining unserved part of the imprisonment was replaced by a milder one type of punishment;

d) a person sentenced to imprisonment by a court of another state (including a member country of the Commonwealth of Independent States), who, in connection with his subsequent transfer to Russia to further serve his sentence, served imprisonment in a correctional institution of the Russian Federation in accordance with a court decision on acceptance of a sentence for execution, as well as a person who has a criminal record based on sentences of other member countries of the Commonwealth of Independent States before the demise of the USSR.

Cannot be considered as having previously served a sentence of imprisonment:

a) a person who has been sentenced to punishment in the form of correctional labor or restriction of freedom, who, on the grounds provided for in Part 3 of Art. 50 and part 4 art. 53 of the Criminal Code of the Russian Federation, these types of punishments were replaced by imprisonment;

b) a person who, for a crime committed, is judged in accordance with Part 2 of Art. 55 of the Criminal Code of the Russian Federation, instead of imprisonment, he imposed a punishment in the form of detention in a disciplinary military unit;

c) a person who was in a correctional institution by a court verdict, if in relation to him the sentence was canceled by way of supervision with the termination of the case or changed and a sentence not related to imprisonment was imposed, or a conditional sentence to imprisonment was applied;

d) a person sentenced to imprisonment, but who has not actually served his sentence in correctional institutions due to the application of an amnesty to him or exemption from serving a sentence by way of pardon or failure to carry out the sentence in cases of expiration of the statutory limitation period for a conviction in accordance with Art. 83 of the Criminal Code of the Russian Federation;

e) a person serving a sentence of imprisonment, if he is sentenced to imprisonment for a crime committed before the first sentence;

f) a person sentenced to imprisonment and who has served a sentence in places of deprivation of liberty for acts, the criminality and punishability of which has been eliminated by the current law, and also if the current law does not provide for punishment in the form of imprisonment for their commission;

g) a person who was previously sentenced to imprisonment within the period of his detention as a preventive measure, since he did not serve his sentence in a correctional institution.

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See: paragraphs 9, 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 12, 2001 N 14 “On the practice of appointing types of correctional institutions by courts” // Bulletin of the Supreme Court of the Russian Federation. 2002. N 1.

Article 58 of the Criminal Code of the Russian Federation establishes the following procedure for assigning a type of correctional institution.

In colony settlements, serving imprisonment is assigned to persons convicted of crimes committed through negligence. At the same time, those sentenced to imprisonment for crimes committed through negligence can be sent to colony settlements, regardless of the length of their sentence and previous convictions. Those convicted of intentional crimes of minor or medium gravity also serve their sentences in settlement colonies, if they have not previously served a sentence of imprisonment. This type of correctional facility is assigned to both men and women.

The law establishes one exception to the above general rule. The above categories of convicts may be assigned to serve imprisonment in a general regime colony instead of a penal colony. Such a decision, indicating its motives in the verdict, can be made by the court, taking into account the circumstances of the crime and the identity of the perpetrator. Such circumstances, for example, include: data on the behavior of the convicted person before committing the crime, the presence of a criminal record and the nature of previously committed crimes, behavior in a pre-trial detention center, a correctional colony, if the person previously served imprisonment (for a person who committed a crime through negligence), as well as data on health status and the need for mandatory medical measures, the presence of minor children and other circumstances.

Persons convicted of crimes committed through negligence and intentionally serve their sentences separately.

In general regime correctional colonies, serving imprisonment is assigned to women convicted of serious and especially serious crimes and for any type of recidivism. Thus, convicted women serve imprisonment either in settlement colonies or in general regime correctional colonies. They are not assigned to serve their sentences in other types of correctional institutions.

In correctional colonies of the same type, men convicted of committing serious crimes who have not previously served imprisonment serve their sentences.

In a maximum security correctional colony, serving imprisonment is assigned to two categories of convicted men: those who have committed a particularly serious crime and those who have not previously served imprisonment; in case of relapse and dangerous recidivism of crimes, if the convicted person has previously served imprisonment.

If a male person who has previously served imprisonment for an intentional crime is sentenced to imprisonment for committing a serious crime, he is assigned to a strict regime correctional colony, since such a person committed the specified crime during a relapse or dangerous recidivism of crimes.

In the event of a conviction to imprisonment for a serious crime of a male person who has previously served imprisonment, but whose actions did not contain a relapse or dangerous recidivism of crimes (for example, if the imprisonment was served for a crime committed through negligence or as a minor), the type of correctional institution assigned to him in accordance with paragraph “b” of Part 1 of Art. 58 of the Criminal Code of the Russian Federation, since a prerequisite for the appointment of a high-security correctional colony is the commission of a crime in case of relapse or dangerous relapse of crimes.

In special regime correctional colonies, serving imprisonment is assigned to those sentenced to life imprisonment, as well as in cases of particularly dangerous recidivism. These categories of convicts are kept in different special regime colonies.

It should be borne in mind that a person sentenced to imprisonment in case of a particularly dangerous recidivism of crimes must serve his sentence in a special regime correctional colony, regardless of whether he served imprisonment for a previously committed crime.

Men sentenced to imprisonment for committing especially serious crimes for a term of more than five years, as well as in cases of particularly dangerous recidivism of crimes, may be assigned to serve part of the sentence in prison. After serving the part of the sentence established by the sentence in prison, convicts are sent to further serve their sentence in a colony of the appropriate type of regime (strict or special). In this case, the time the convicted person is held in custody is counted towards the term of serving the sentence in prison. Provisions of Art. 58 of the Criminal Code of the Russian Federation, while providing for the counting of time in custody against the term of serving a sentence in prison, do not determine the procedure for calculating the term of serving a sentence in other types of correctional institutions and do not exclude the effect of the provisions of Part 3 of Art. 72 of the same Code, by virtue of which the time of detention, in any case, is counted towards the term of imprisonment, including the term of serving this sentence in a maximum security colony.

Persons who are under eighteen years of age at the time of sentencing are assigned to serve their sentence only in an educational colony. If a person committed a crime as a minor, and at the time of sentencing he was eighteen years old, the sentence is served in a penal colony or in a general regime correctional colony.

When imposing a sentence of imprisonment for a set of crimes or a set of sentences, the court must determine the type of correctional colony after determining the final punishment.

If a person is convicted of a combination of crimes, some of which were committed through negligence, and others intentionally, and the intentional crimes belong to the categories of minor or medium gravity, and the person has not previously served a sentence of imprisonment, serving imprisonment in a correctional institution is assigned in the order , provided for in paragraph “a” of Part 1 of Art. 58 of the Criminal Code of the Russian Federation.

If a person who has not previously served imprisonment is convicted of a set of crimes or a set of sentences, which includes crimes of minor and (or) medium gravity, as well as serious crimes, and a punishment not related to imprisonment is imposed for a serious crime , and for crimes of minor or moderate gravity - imprisonment, the type of regime is determined in accordance with paragraph “a” of Part 1 of Art. 58 of the Criminal Code of the Russian Federation. If the court comes to the conclusion that it is necessary to send the convicted person to serve his sentence in a general regime correctional colony, he must justify the decision.

If, while serving a sentence for previously passed sentences, the expiration date for a criminal record for one or more crimes has expired, which was the basis for assigning the convict a strict or special regime correctional colony based on the last sentence, then the type of colony assigned by the court verdict is not subject to revision, and the person is not transferred to a correctional colony of a different type, since in accordance with Parts 5 and 6 of Art. 74 of the Penal Code of the Russian Federation in correctional colonies of strict or special regime, persons convicted of crimes that were committed, respectively, as a relapse, a dangerous recidivism or an especially dangerous recidivism of crimes, serve their sentences, and at the time of the commission of the crime these convictions were not expunged or expunged.

During the period of serving imprisonment for a certain period, convicted persons, depending on their behavior and attitude to work, can change the type of correctional institution (Article 78 of the Penal Code of the Russian Federation). The type of correctional institution is changed by court order.

Judicial practice under Article 58 of the Criminal Code of the Russian Federation

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 03/09/2017 N 58-UD17-8
convicted Kashtalyan S.N. appeals the court decisions taken against him to bring the sentence into compliance with the current legislation, considering them illegal and unfounded. Indicates that in accordance with the amendments made by Federal Law No. 162-FZ of December 8, 2003 to Art. of the Criminal Code of the Russian Federation, in its actions there is a dangerous, and not particularly dangerous, relapse of crimes, and in accordance with the requirements of Art. Of the Criminal Code of the Russian Federation, he must serve his sentence in a maximum security correctional colony, since he was previously convicted by a verdict of January 17, 1991 under Art. Art. , 103 of the Criminal Code of the RSFSR for committing a serious crime, and according to the verdict of October 29, 1999 under clauses “b”, “z”, part 2 of Art. 105 and paragraph “c” of Part 3 of Art. 162 of the Criminal Code of the Russian Federation for committing a particularly serious crime. He asks to change the court decisions regarding the type of correctional institution and reduce the punishment.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 19, 2018 N 87-APU18-1

The regime of the correctional colony in which Vikharev must serve the sentence imposed by the court is determined correctly, in accordance with the requirements of paragraph “g” of Part 1 of Art. Criminal Code of the Russian Federation. The decision regarding the claim for damages was made by the court in accordance with the provisions of Art. 1064 of the Civil Code of the Russian Federation, the amount of compensation for moral damage recovered in favor of victims L., S. and T. was determined by the court on the basis of Art. Art. 151, 1099 and 1101 of the Civil Code of the Russian Federation, taking into account the circumstances of the criminal case and the financial situation of the parties, while it corresponds to the degree of moral suffering of the plaintiffs, the requirements of reasonableness and fairness, and therefore is not subject to reduction.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 20, 2018 N 72-APU18-7

Taking into account the nature and degree of public danger of the crimes committed, the data characterizing V.A. Podoynitsyn, the circumstances aggravating his punishment, in accordance with Part 2 of Art. Of the Criminal Code of the Russian Federation, the court correctly decided that it was necessary for the convicted Podoynitsyn V.A. serve part of the sentence in prison.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 4, 2018 N 41-APU18-8SP

The convicts were assigned to serve imprisonment in a special regime correctional colony in accordance with the requirements of paragraph “g” of Part 1 of Art. Criminal Code of the Russian Federation. There were no violations of the criminal procedural law related to the right of convicted persons to defense, including the right to familiarize themselves with the materials of the criminal case.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 10, 2018 N 34-APU18-5

In accordance with Art. According to the Criminal Code of the Russian Federation, punishment in the form of imprisonment is prescribed for women in settlement colonies or in general regime correctional colonies. At the same time, women sentenced to imprisonment for committing serious and especially serious crimes are sentenced to imprisonment in general regime correctional colonies, and the court does not have the right to order them to serve their sentence in a penal colony.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 07/05/2018 N 4-APU18-25

The court determined the type of correctional institution for the convicted person in accordance with the requirements of Art. Criminal Code of the Russian Federation. Thus, the Judicial Collegium did not establish any violations of the requirements of the criminal procedural and criminal law, entailing in accordance with paragraph 2 of Art. 389.15 of the Code of Criminal Procedure of the Russian Federation canceling or changing the sentence.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 12, 2018 N 41-APU18-9

The type of correctional institution in which the convicted person must serve her sentence is determined in accordance with the requirements of Art. Criminal Code of the Russian Federation. The sentence is subject to change in terms of the court's resolution of the issue of procedural costs in the form of amounts paid to those appointed in accordance with Art. 51 of the Code of Criminal Procedure of the Russian Federation to lawyers, for the provision of legal assistance to Gerashchenko, which were recovered from the convicted person.

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 23, 2018 N 46-O18-1

Contrary to the lawyer’s arguments, in the Criminal Code of the RSFSR the concept of a particularly serious crime was provided for in part one of Art. 24, which was expressly stated in this provision of the law. The crime committed by Demakov, provided for in paragraphs “a”, “d”, “e” of Art., also fell under this category of crimes. 102 of the Criminal Code of the RSFSR, for which he was convicted by the verdict of April 29, 1996, since the sanction of this article of the Criminal Code provided for punishment both in the form of imprisonment for a term of over 10 years, and in the form of a more severe punishment. Therefore, the reference in the verdict to Part 1 of Art. Criminal Code of the RSFSR and Art. The Criminal Code of the Russian Federation is lawful and complies with the requirements for the operation of the law in time, including the Federal Law “On the Enforcement of the Criminal Code of the Russian Federation” of 1996, while the presence in Demakov’s actions of a particularly dangerous recidivism of crimes is correctly established in accordance with paragraph “b” » part 3 art. Criminal Code of the Russian Federation. The court also correctly determined the type of correctional institution, that is, a special regime correctional colony (clause “g” of Part 1 of Art. of the Criminal Code of the Russian Federation).

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 28, 2018 N 46-UD18-37

According to the provisions of paragraph “b” of Part 1 of Art. The Criminal Code of the Russian Federation assigns serving imprisonment to men sentenced to imprisonment for committing serious crimes who have not previously served imprisonment in general regime correctional colonies. In accordance with the legal position of the Plenum of the Supreme Court of the Russian Federation, formulated in paragraph 11 of the resolution of May 29, 2014 N “On the practice of appointing and changing types of correctional institutions by courts”, according to which, when assigning a type of correctional institution, a person who has previously served imprisonment should be considered as having previously served imprisonment. who, for a crime he committed in the past, served a sentence of imprisonment in a correctional colony, educational colony, prison, medical correctional institution or pre-trial detention center in the cases specified in Part 1 of Art. 74 of the Penal Code of the Russian Federation, if the conviction for this crime was not expunged or expunged at the time of the commission of a new crime.

Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated September 4, 2018 N 208-APU18-11

Motivated and based on the provisions of Part 2 of Art. and part 6 of Art. The Criminal Code of the Russian Federation are court decisions, respectively, on the convict serving a certain term of the final sentence assigned to him in prison and the type of correctional institution in which the remainder of the term of imprisonment is to be served, as well as on the impossibility of changing the categories of crimes committed by him to less serious ones.

Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated 09/06/2018 N 201-APU18-36

Taking into account Khamidov’s repeated commission of terrorist crimes, it is proposed in accordance with paragraph “a” of Part 1 of Art. The Criminal Code of the Russian Federation assigns him to serve his sentence in a general regime correctional colony. Having checked the case materials, discussed the appeal submission, listened to the convicted Khamidov, his defense attorney - lawyer G.A. Druzhinin, prosecutor Yu.I. Matskevich, the Judicial Panel comes to the following conclusions.

Jail

Criminals sentenced to a term of more than 5 years for committing a particularly serious crime, as well as after being recognized as a persistent offender while serving a sentence in a correctional colony by a court decision for a term of up to 3 years, end up in prison cells. They are also sent to prison if there is evidence of a particularly dangerous recidivism, where the person commits a serious or especially serious crime, where he was previously convicted of 2 serious or 1 especially serious crime (Article 18 of the Criminal Code of the Russian Federation). In prisons, only males serve their sentences (we talked about where and how women serve their sentences in Russia here).

How is the life of prisoners organized in prisons?

The conditions for keeping criminals in prison are regulated by Articles 130 and 131 of the Penal Code of the Russian Federation . Based on the principle of disciplinary and material restrictions provided for by the Executive Code of the Russian Federation, the detention regime is divided into two types: general and strict.

The law does not provide for easier conditions for serving a sentence in prison. All newly arrived convicts, as well as those to whom disciplinary sanctions and penalties were applied while serving general terms, are subject to strict conditions. If good behavior occurs after 1 year, the convicted person can be transferred to general conditions.

According to clause 4 of Art. 131 of the Penal Code of the Russian Federation, general conditions for serving:

• monthly cash expenses: no more than 7200 rubles;
• long/short dates: no more than 2 per year;
• transfers of 20 kg and 5 kg: 2 per year;
• daily walks from 2 to 2.5 hours.

According to clause 5 of Art. 131 of the Penal Code of the Russian Federation, strict conditions for serving:

• monthly cash expenses: no more than 6 thousand rubles;
• long visits: one per year;
• short visits: two per year;
• large and small parcels: one per year;
• daily walks from 1.5 to 2 hours.

Convicts who are disabled people of groups I-III cannot be kept in strict conditions. Convicts are housed exclusively in closed cell-type premises in accordance with the provisions of Article 80 of the Penal Code of the Russian Federation. The maintenance regime is changed no earlier than 1 year after the last installation.

Difference between IR and prison

Main differences in table form: