Amendments (changes) to Article 80 of the Criminal Code of the Russian Federation: Replacement of punishment with a more lenient one in the unserved part + where to apply.

Modern hospitals are quite safe and generally try to help the sick. Large hospitals separate patients by age and severity of condition. In general, in the department of neuroses, for the most part, there are adequate ordinary people. In the acute department there can be tough things.

They stay in the hospital from a week to two months (very rarely longer). If you are hospitalized at your own request, you can be discharged at any time! Read the law on psychiatric care in Russia.

About medications. We can talk about medications for a long time, I’ll write in detail sometime, but briefly: almost all antidepressants and tranquilizers cause addiction, but it’s quite possible to get off them! Medicines do not cure anxiety, or depression, or delirium, they relieve an acute condition and help you come to your senses so that you can figure out with a more or less fresh mind how you will continue to save yourself (spoiler: psychotherapy). Patients with severe diagnoses often take medications throughout their lives (schizophrenia, MDP, resistant depression). Patients with less dire diagnoses take antidepressants the longest (from three months, usually a year). Medicines sometimes work right away (lucky ones), usually they are selected, changed, and the dose is adjusted - this is very individual.

In the first week in the hospital, you will most likely be pumped full of antipsychotic drugs and you will sleep a lot, this is useful, the brain reboots and rests. Closer to discharge, your dose will be reduced and many will come out quite cheerful!

I think that being treated in a hospital is a good option:

There is an opportunity to sleep as long as you like.
There is no need to worry about daily matters.
Medicines are selected by observing the dynamics every day, this is convenient for the doctor and you.
You don’t need to buy different drugs and waste money on unsuitable ones in the end; after discharge, buy only what is definitely suitable.
You will be examined by related specialists and will take blood and urine tests.
A mental hospital is an existential place, you will think about life in a new way.
It is possible to visit a psychotherapist for free.

I'll name the downsides:

Almost always there are really bad living conditions: toilets have no doors and people smoke in them, the food is not tasty, leaving the territory is limited (you need permission to leave from a doctor), sharp objects and razors are strictly prohibited in the acute department, in the neurosis department they are issued upon request. medical post.
Hospitalism is an addiction to doctors and the hospital regime; patients may begin to fear being left without the supervision of doctors.
Stigmatization is when a label is attached that a person who has been treated by a psychiatrist, much less spent time in a hospital, is a psycho, abnormal, not like that. Often the patient himself begins to consider himself as such - this is self-stigmatization.

Notable Features:

There are no forks and knives in the dining room, so as not to provoke intrusiveness or aggressive actions.
All doors (except the doors to the wards) are opened with a special key, which only the staff has.
Doctors make rounds once a week: a group of doctors walks through the wards and talks with each patient, this is a whole event for patients and nurses.
You can contact your doctor at any time if you find one. Some doctors even give you their phone number and you can chat with them on WhatsApp about your symptoms.
Medicines are taken on time, lining up, like in the movies.
You can go for walks with the doctor’s permission, you can see relatives, you can use telephones (but not in all departments).

About the worst:

Patients are not turned into zombies; large doses of drugs simply suppress activity and attention, but with decreasing dosages, activity returns.
Psychotropic medications are not drugs, although they can cause addiction, like many other medications (blood pressure reducers, for example). Many patients have withdrawal syndrome, but it can be tolerated and the condition returns to normal.
Some patients who are particularly resistant to drugs are given electroconvulsive therapy (ECT), where a current is sent to the brain. But it is not painful (anesthesia) and not dangerous, certainly not more dangerous than suicide from depression. I know people who have had these procedures and they are fine!
No one will report to your work that you were treated in a mental hospital or a psychiatric hospital, unless the entry on the sick leave sheet gives you away.

How things work in a psychiatric hospital

— I am in a psychiatric hospital with depression. There are many people here with the same diagnosis. There is a huge aquarium in the corridor. The girl from the next room buried her face in him, was silent for a long time and said: “Fish... ******** [good] for you, fish,” - this is how Tatyana begins her story.

This tweet received more than 11 thousand likes and reposts and inspired the girl to create a whole thread about treatment in a psychiatric hospital - in the department of nervous disorders.

The first stereotype that Tatyana debunks concerns safety. No violent patients or straitjackets like in the movies.

- It's safe here. Everyone on my ward suffers from depression and anxiety. All sad, but not dangerous. There was only one case in a month when a dude was kicked out of the men's ward for masturbating on his neighbors. Apparently, he was jealous of the success of their therapy,” writes Tatyana.

The second stereotype is that treatment for depression in a clinic necessarily costs a fortune. Actually this is not true. The state pays for a month of hospital stay.

— I am at the institute named after. Bekhterev in St. Petersburg. The first visit to a psychotherapist is free of charge. If he says that you need to go to bed, you can choose paid hospitalization or budget. I'm on a budget. The state pays for a month of stay. While you are in the hospital, everything is free. Further visits to the doctor are paid, says Tatyana

But the food, as in many Russian hospitals, is very bad. But it's free.

“The food here is simply terrible.” It's impossible to eat. Make some friends before you come here. So that someone would bring normal food,” writes Tanya.

The third stereotype is that you cannot use technology and leave the territory. Actually this is not true. Tatyana emphasizes that the conditions of hospitalization depend on the diagnosis.

— They don’t take away equipment here. Visits are allowed every day. You are not put in a straitjacket. You are free to leave the area. We have depression, not schizophrenia. We want to kill ourselves, not others. Everyone understands that if you take away our phones, we will do it even faster,” Tatyana writes. “It’s quiet, calm and unbearably boring here.” So before you go to bed, subscribe to Netflix and load up on books. Then you will say thank you.

But the place where the hospital is located really does not contribute much to recovery.

— It’s very gloomy on the hospital grounds. Bare trees, gray buildings with bars, a huge pile of crows. Through their croaking one can hear: “You are a nonentity.” Force yourself to get out into the city at least once a week,” the girl writes.

How is treatment and therapy carried out?

Many people do not understand what therapy looks like in a public clinic. Firstly, this is working with a psychotherapist.

- In a hospital, surrounded by depressed people - how will this help? Here you work with a psychotherapist every two days. The tablets are free here. You don’t have to look for money, which is also very reassuring. It’s better to treat yourself under the supervision of doctors while surrounded by sad people than to get drunk surrounded by happy people,” says the girl.

Secondly, this is drug treatment.

— Pills do not destroy your personality. During depression, you don’t even have the strength to get out of bed, let alone go to therapy. Pills don't cure depression. Pills are needed to artificially support a person. To have strength for therapy. It's like a depressive Theraflu. It simply relieves symptoms,” says Tanya.

At the same time, serious work is being done inside a person; defeating depression is not so easy.

— The brain resists therapy. For him, stopping suffering after years is a way out of his usual comfort zone. You will hate the psychologist and everything around you. The brain will convince you: “Brothers, we don’t need this. Let's get out of here, they won't help you. It's soft here at the bottom. Brother-a-a-n.” This relationship is long lasting. You need to know this and adjust yourself. Therapy is work. It will take years. Every day is a struggle. Constant struggle. It is very difficult not to give up. But this life is worth it,” the girl shares.

The girl admits that therapy has changed many of her attitudes.

— When delving into yourself, be prepared to lose yourself. This is scary. Your world will turn upside down. For example, I realized that all my life love = suffering. I fell in love with those who offended me. And for me, suffering and self-sacrifice = comfort. I realized with horror that I knew nothing about happiness or love. Oddly enough, postulates that contradict themselves coexist in the brain. You should only delve into this together with your doctor. You’ll be blown away by your ambivalence,” Tanya shares.

The girl urges anyone who suspects depression to be thoroughly examined.

— Take all the tests, examine your body. Nothing fuels depression like illness.

And if therapy does not help, then you need to be more careful in choosing a doctor.

— Not all doctors are professionals. First of all, they are people. You may not be able to communicate with them. If you initially don’t have the slightest sympathy for the doctor, or after a long time you realize that nothing is changing at all, change the doctor, Tanya advises.

The girl advises not to deny your illness, but to find help and support as quickly as possible.

- Don't be afraid to talk about your feelings. You pay money to be listened to. Don't deny your condition. Don't listen to your friends. Denying the existence of depression is like denying HIV. People are dying because of her. If you think you have it, immediately go to a psychotherapist. Don't be afraid to go to the doctor! I am alive now only thanks to the timely intervention of doctors. Thank you,” the girl sums up.

Mental hospital from the inside

Hello boys and girls. Let's talk about mental hospitals. What do we know about them? There is a lot of information, but it is wildly distorted, passing through the prism of stereotypes existing in society. There are many stereotypes, and their sources are different - from snatches of other people's conversations to Hollywood films. I decided to try to dispel some of them, fortunately I know the situation from the inside - now I am a psychiatrist, and in my student years I worked part-time in a mental hospital as an orderly and then as a nurse. So aware on different levels.

People end up in a mental hospital forever

This is partly true, now I will explain why. Chronic patients (experienced schizophrenics, organic patients) can go to bed ten times a year, and often go to bed of their own free will. Patients end up in the same department each time (according to their registration), they have a familiar atmosphere there, even friends, the medical staff knows them, and in general, they feel calmer there than in society. Therefore, it turns out that they spend almost their entire lives in a mental hospital. In general, doctors have hospitalization periods, a plan for those treated for the month, etc. It is not practical to keep a patient for longer than the prescribed period, and it is not necessary - paperwork begins. If you want to treat for more than a month, convene a commission, have your boss sign it, etc. From experience, I will say that more than a month is usually not required - the patient can continue treatment on an outpatient basis. So on average it’s about a month and they’re discharged; doctors don’t need extra hemorrhoids

Criminal Code of the Russian Federation, Article 80 of the Criminal Code of the Russian Federation

1. For a person serving detention in a disciplinary military unit, forced labor or imprisonment, who has compensated for the damage (in whole or in part) caused by the crime, the court, taking into account his behavior during the entire period of serving the sentence, may replace the remaining unserved part of the sentence with a more lenient punishment. . In this case, the person may be fully or partially released from serving an additional type of punishment.

2. The unserved part of the sentence may be replaced by a more lenient punishment after the person sentenced to imprisonment has actually served for committing:

crimes of minor or moderate gravity - at least one third of the sentence;
serious crime - at least half of the sentence;
especially serious crime - at least two-thirds of the sentence;
crimes against the sexual integrity of minors, as well as crimes provided for in Article 210 of this Code - at least three quarters of the sentence;
crimes against the sexual integrity of minors under fourteen years of age - no less than four-fifths of the sentence.

3. When replacing the unserved part of the sentence, the court may choose any milder type of punishment in accordance with the types of punishments specified in Article 44 of this Code, within the limits provided for by this Code for each type of punishment.

4. When considering a petition from a convicted person or a submission from the administration of an institution or body executing a sentence to replace the unserved part of his sentence with a milder form of punishment, the court takes into account the behavior of the convicted person, his attitude to study and work during the entire period of serving the sentence, the attitude of the convicted person to the committed act and that the convicted person partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime. In relation to a convicted person suffering from a disorder of sexual preference (pedophilia), which does not exclude sanity, and who, at the age of over eighteen years, has committed a crime against the sexual integrity of a minor under fourteen years of age, the court also takes into account the application of compulsory medical measures to the convicted person, his attitude towards treatment and results of forensic psychiatric examination.

Anyone can end up in a mental hospital

There are subtleties. For example, your neighbor doesn't like you. He calls an ambulance and says that you are inadequate, you throw yourself at people, you talk to yourself. In most cases, the ambulance will not pick you up, because you will behave adequately with them. But if he is very convincing, and even asks his friends to fit in, and the emergency doctor is suggestible and inexperienced, he might give you a ride. The next stage is the admissions department. Everything is simple here - you refuse hospitalization and that’s it. Yes, the emergency department doctor can involuntarily hospitalize you for a short time, but to do this you must pose a danger to yourself or others. If you can’t imagine, then you refuse and go home to hang a cradle for your neighbor. The reception doctor will only be happy - there will be less paperwork without you. If there is a zombie sitting in the emergency department, taking everyone around him at their word and not seeing beyond his own nose, while being dumb as a plug, then there is a possibility that, contrary to common sense, you will still be hospitalized. Next is the department. There are also doctors in the department. You write a statement and check out. There are no questions here. Another thing is that the doctor cannot discharge you without a diagnosis - the rules are as follows. But in such a case (if the doctor sees that there is a healthy person in front of him and he got here by mistake), there are a lot of soft diagnoses (accentuation of personality traits, neurasthenia, etc.) that will not affect his subsequent life. Thus, anyone can fall into a fool, but for this to happen, so many unlikely circumstances must coincide that such cases become exclusively a theory. Although this happens, of course.

Article 80. Replacement of the unserved part of the punishment with a more lenient type of punishment

[Criminal Code] [General Part] [Section IV] [Chapter 12]
. For a person serving detention in a disciplinary military unit, forced labor or imprisonment, who has compensated for the damage (in whole or in part) caused by the crime, the court, taking into account his behavior during the entire period of serving the sentence, may replace the remaining unserved part of the punishment with a more lenient type of punishment, for with the exception of cases of replacement of punishment in the form of imprisonment with forced labor in accordance with part two of this article. In this case, the person may be fully or partially released from serving an additional type of punishment.

. The unserved part of the sentence may be replaced by a more lenient punishment after the person sentenced to imprisonment has actually served:

crimes of minor or medium gravity - at least one third of the sentence or at least one fourth of the sentence when replacing the sentence of imprisonment with forced labor;
serious crime - not less than half the term of punishment or not less than one third of the term of punishment when replacing the punishment of imprisonment with forced labor;
especially serious crime - at least two-thirds of the sentence or at least half of the sentence when replacing the sentence of imprisonment with forced labor;
crimes against the sexual integrity of minors, as well as crimes provided for in Article 210 of this Code - at least three quarters of the sentence;
crimes against the sexual integrity of minors under fourteen years of age - no less than four-fifths of the sentence.

. When replacing the unserved part of the sentence, the court may choose any milder type of punishment in accordance with the types of punishments specified in Article 44 of this Code, within the limits provided for by this Code for each type of punishment, with the exception of cases of replacing a sentence of imprisonment with forced labor in accordance with with part two of this article.

. When considering a petition from a convicted person or a submission from the administration of an institution or body executing a sentence to replace the unserved part of his sentence with a more lenient punishment, the court takes into account the behavior of the convicted person, his attitude to study and work during the entire period of serving the sentence, the attitude of the convicted person to the committed act, and then that the convicted person partially or fully compensated for the damage caused or otherwise made amends for the harm caused as a result of the crime. In relation to a convicted person suffering from a disorder of sexual preference (pedophilia), which does not preclude sanity, and who, at the age of over eighteen, has committed a crime against the sexual integrity of a minor under fourteen years of age, the court also takes into account the application of compulsory medical measures to the convicted person, his attitude towards treatment and results of forensic psychiatric examination.

A mental hospital is a scary place where people are turned into vegetables/zombies/controllable

Not true. Thanks to the cinema for this stereotype. I won’t say that a mental hospital is a joyful place with fairies and pink ponies, it’s a depressing place. But this is first and foremost a hospital. Standard departments - corridor and wards. Yes, the wards often have no doors, but these are ordinary wards with beds and bedside tables. The number of chambers varies, but there is always an observation chamber (sometimes two). This is where the first thing the guys in an exacerbation go (in fact, the most mentally ill ward). This room is the farthest from the exit; there will be barred windows and a sanitary post at the exit. There are no bedside tables - only beds. The beds are iron, armored, with mattresses covered with oilcloth (it’s clear why). It will come as a surprise to many, but there are no straitjackets in the madhouses for a long time. And even more so in rooms with soft walls. There are harnesses (bundles, belts - they are called differently in each locality), very strong tourniquets, which actually fix the especially violent to this very iron bed. Each orderly knits in his own way; there is no universal technique. Soft fixation (that's what it's called) occurs only with the approval of a doctor (this is shown in the documentation - it is prescribed as a medicine). When the severity of psychosis subsides, the patient is transferred to any other ward, and a fresh patient is put in his place. In closed psychiatric wards, patients cannot freely leave the ward (there are only rare exceptions), the guys from the observation room can only walk to the toilet and back (most often this is a couple of meters). So, apart from the observation room, everyone is very calm - playing cards, watching TV, in short, just like in a regular hospital.

Comments on Article 80

Substitution of a more lenient punishment is provided for persons who are kept in a military unit or colony. To attract an article, the court takes into account the category of crimes committed.

Comments:

The law does not provide for the possibility of replacing conditions with more lenient ones in case of life imprisonment. The decision to replace is made taking into account the behavior of the culprit, circumstances, his positive characteristics, attitude towards the crime, work, study.
Any type of liability from Art. 44 becomes a more lenient punishment. within the General Part of the Code.
Replacing part of the punishment with a more lenient one covers all categories of crimes. In the 2nd part of the article, the terms are differentiated, after serving which a replacement can take place. But the law does not establish a minimum period for a convicted person to stay in a colony, as stated in Part 4 of Article 79.
Part 3 of Article 175 of the Penal Code specifies provisions for the administration to submit a form of exemption from liability, which do not prevent the convicted person, his representative, or lawyer from filing a petition with the court to replace part of the sentence. The court is obliged to consider such a petition in a lawful manner.

At 3 hours 396 art. of the Code of Criminal Procedure, the issue of replacing part of the responsibility is resolved by the court at the place of serving the sentence, or by the garrison military court. The jurisdiction of the criminal case does not matter.

If a person committed a crime after replacing the responsibility with a more lenient one, then the court, when imposing a sentence, does not add the unserved part of the previous punishment to the new verdict, but adds the unserved part of the lenient one. The time served is calculated from the day the sentence enters into force until the day the decision is made to replace part of the sentence.

When, by the time part of the punishment is replaced, the main one has already been mitigated by a court decision, the court applies Articles 396, 397 or 399. The Criminal Procedure Code calculates the actual part of the sentence served. The actual part of the sentence served during parole is calculated according to the same rule. If a person has committed a new crime after replacing the sentence in accordance with Articles 80, 84-85, he is given a new sentence with the addition of the unserved part.

Serving the minimum assigned responsibility does not mean that the unserved part will automatically be replaced by a softer one. The main condition is the path of correction of the convicted person. If there is a convicted person in a military disciplinary unit who is being dismissed from service, then the punishment is replaced upon the proposal of the unit commander. If rejected, you can reapply after six months. If a person is convicted under restriction of freedom and sent to a correctional institution, then he can again be presented for a replacement sentence no earlier than after a year.

Assignment of a more lenient punishment than provided for a crime - Article 64 of the Criminal Code of the Russian Federation

Teaching is light

Orderlies, according to the Unified Qualification Handbook approved by the Ministry of Health and Social Development, can perform a variety of jobs: from cleaning the premises to bathing seriously ill patients. Therefore, they are often confused either with cleaners or with nurses. But unlike the former, orderlies are included in the group of junior medical personnel. This allows them to qualify for a reduced work week and additional vacations on an equal basis with other medical staff. At the same time, unlike nurses, orderlies bear significantly less responsibility for their work and may not have knowledge in medicine. Formally, to enter this position, only secondary general education is sufficient.

The Russian Ministry of Education and Science proposed to change the situation and presented a draft order according to which orderlies would have to receive vocational education. The duration of training would be determined by the specific program. But neither the program nor the order ever saw the light of day, so for now employers are figuring out the selection criteria on their own. Previously, for convenience, they divided the vacancy into several components. For example, a cleaning aide and a patient care aide. Now the need for them is gradually disappearing. Firstly, because hospitals prefer to use cleaning companies. Secondly, because the rate is divided among other employees. For example, special patient transportation companies have now taken up the problem of transporting patients. They are on duty for days in different departments of the medical institution. Patient care was given to nurses.

Formally, it is impossible to say that this caused the workload on staff to exceed the norm. If there is a sufficient number of personnel, employees will simply begin to perform the full list of duties that are prescribed in the Unified Qualification Handbook approved by the Ministry of Health and Social Development. Most of the responsibilities of orderlies, according to this document, overlap with the tasks of other employees or even duplicate them.

For example, the housewife provides the unit with the necessary household equipment, detergents, and linen for the sick. Nurse - receives equipment and linen from her, “ensures their proper storage and use.” The younger nursing sister changes the bed linen and underwear of patients, transports seriously ill patients, and keeps the room clean. Nurse - cleans bedside tables after each meal, accompanies patients to offices, helps them wash, cleans rooms and baths. And yet, in many hospitals where patients need constant care and attention, for example, psychoneurological ones, they are not yet ready to give up orderlies. Who gets into these positions?

MENTAL HOSPITAL DOCTORS

When orderlies become featured in the news, most often they talk about beatings, bullying, and violations of the rights of patients. Workers are fired and put on trial, but the abuses continue. Izvestia found out why this is happening and what is included in the official duties of orderlies.

The Supreme Court of the Russian Federation provided clarifications on some issues that arise for the courts in connection with the change in the procedure for counting the time spent in custody or arrest in terms of sentences

Answers to questions received from the courts on the application of the provisions of Article 72 of the Criminal Code of the Russian Federation (approved by the Presidium of the Supreme Court of the Russian Federation on July 31, 2019)
by Federal Law of July 3, 2018 N 186-FZ “On Amendments to Article 72 of the Criminal Code of the Russian Federation” procedure The inclusion of time spent in custody or house arrest in terms of punishment is differentiated depending on the crime committed, the punishment imposed by the court, the type and regime of the correctional institution, as well as other legally significant circumstances.

Federal Law No. 569-FZ of December 27, 2018 “On Amendments to Articles 58 and 72 of the Criminal Code of the Russian Federation” expands the list of crimes the commission of which prevents the application of preferential rules for offsetting punishment.

In connection with the entry into force of these federal laws, the Supreme Court of the Russian Federation clarifies, in particular, the following:

According to the rules provided for in Part 31 of Article 72 of the Criminal Code of the Russian Federation, the term of imprisonment includes the period from the day of actual detention until the day the sentence enters into legal force;

if the time of detention, counted on the basis of Article 72 of the Criminal Code of the Russian Federation, absorbs the term of the imposed punishment, then the court pronounces a sentence with the imposition of punishment and release from serving it, and the convicted person is subject to immediate release in the courtroom;

when assigning suspended imprisonment, if the convicted person was kept in custody, the application of Article 72 of the Criminal Code of the Russian Federation should not be indicated in the sentence;

when imposing punishment for a set of crimes, preferential rules for counting the time of detention, as a general rule, are subject to application;

the multiplicity coefficients provided for in Part 3.1 of Article 72 of the Criminal Code of the Russian Federation are not subject to application when deciding issues of counting periods of detention during the execution of the sentence into the term of serving a sentence;

provisions on the procedure for counting the period of detention in custody against the term of imprisonment apply, among other things, to those released on parole and to convicts for whom the unserved part of the sentence of imprisonment has been replaced by a more lenient type of punishment;

change in the multiplicity factor when the convicted person changes the type of correctional institution on the basis of Art. 78 of the Penal Code of the Russian Federation is impossible.

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Teaching is light

Right to callThe Ministry of Labor will figure out whether it is possible to prohibit residents of mental institutions from talking on the phone and receiving visitors

Photo: Depositphotos The work of doctors will be standardized by 2019. The proposed rules will be advisory in nature.