A day in a pre-trial detention center: how to count towards your sentence in 2022?

Provisions of the legislation of the Russian Federation on the terms of detention

The duration of detention before trial in general under Art.
109 of the Code of Criminal Procedure of the Russian Federation cannot exceed more than 2 months. These deadlines are valid in cases where the investigator has managed to conduct a thorough investigation, interview all eyewitnesses and analyze the facts in order to fully understand the picture of what happened. In fact, periods of detention in pre-trial detention centers are repeatedly extended as new facts are discovered, since there is a need to clarify witness testimony and more carefully analyze the evidence and circumstances of the crime. The period of an offender's imprisonment includes 3 stages:

• before trial;
• trial;
• before the sentence takes effect.

The period of imprisonment of an offender before trial, according to the law, can last up to 6 months for offenders under investigation in cases of any category. If an investigation is underway for a crime classified as particularly serious or serious, the period of imprisonment in a pre-trial detention center can be extended to a year. In 109 Art. it is indicated that the period may be increased, provided that special difficulties arose during the investigation. It should be noted that law enforcement officials usually do not have difficulty finding arguments to increase the term of detention. If a particularly serious crime is committed or special circumstances arise during the investigation, the accused may be kept in custody for up to one and a half years.

There have been cases where defendants remained in custody for two years or more. Justice workers motivated this by the fact that:

• During the investigation, circumstances arose requiring the offender to be placed in a pretrial detention center;
• appealing a court verdict also requires time, which the offender would better spend under the control of law enforcement agencies.

As a result, the time of confinement of people in a pre-trial detention center was extended as long as it was beneficial or convenient for the investigator. The only way to combat illegal detention is the services of an experienced lawyer who will deal with the investigation and will strictly control the actions of law enforcement officers.

According to the legislation, the maximum period for keeping a person in a pre-trial detention center before trial is one and a half years. Before the investigative file is sent to the court, the accused must familiarize himself with it no later than a month before the end of the period of stay in the detention center. This implies the need to extend the offender's time in custody until he has carefully considered all the information.

How is the time in a pre-trial detention center before trial calculated?

Placement in a pre-trial detention center helps investigators stop possible crimes and obstacles to further investigation of a criminal case on the part of the suspect.

According to Article 109 of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation), the total period of detention in a pre-trial detention center for a suspect should not exceed two months. In exceptional cases, when serious and especially serious crimes are committed, it can be extended: up to 6 months or up to a year.

However, in legal practice, it is quite common to extend this period due to non-completion of the investigation or incomplete examination of the circumstances of the case. You can extend your term in a pre-trial detention center:

1. If new facts and circumstances of the case arise;
2. To clarify witness testimony;
3. When conducting additional examinations;
4. If special difficulties arise during the conduct of the case (Article 109 of the Code of Criminal Procedure of the Russian Federation).

! The period of stay in a pre-trial detention center can be extended only if difficulties arise during the conduct of the case and the collection of evidence. If the crime is classified as especially serious, then the accused can spend up to one and a half to two years in a pre-trial detention center.

Unfortunately, in Russia it is indeed not uncommon for investigators to deliberately leave accused persons in pre-trial detention for periods exceeding 2 years. They have this opportunity for the following reasons:

1. Complex investigation of particularly serious crimes;
2. It takes a long time for the accused to appeal a court decision;
3. Submitting appeals from pre-trial detention centers for exceeding the period of stay is also difficult and takes a long time.

It is for these three reasons that a suspect’s stay in a pre-trial detention center often exceeds the time limit established by law, and the accused are in custody for exactly as long as investigators need. In this case, the relatives of the suspect need the help of a criminal lawyer who can monitor the conduct of the investigation and the legality of the investigator’s actions.

Thus, the maximum term in a pre-trial detention center until a court verdict can reach up to 18 months (one and a half years).

Determination of length of stay

Prisoners do not have to calculate on their own how long they will have to spend in a pre-trial detention center, since this is within the competence of the court. The order according to which an offender under investigation is placed in a pre-trial detention center must include:

• indication of the time within which the preventive measure is in effect (days, months);
• the date on which the time period ends.

The accused must be kept in custody until the last day designated by the court, inclusive. At the specified time the following is counted:

• House arrest;
• being in the status of a suspect, etc.

After the prosecutor has referred the case to the court, Art. 255, according to which, if a person is sitting in a pre-trial detention center, judges do not change the measure of restraint. During the trial, the accused's stay can be up to six months, plus three months if the crime is particularly serious or serious. The court indicates the measure of restraint in the verdict. When appealing a verdict, the defendant's stay in a pre-trial detention center may be extended until the preventive measure is changed or until a final verdict is pronounced.

When rendering a guilty verdict, only the days during which the person was detained before the start of the trial are taken into account. In part three of Art. 72 of the Criminal Code states that days after the start of the trial are not taken into account.

What is included in the period of detention?

The period of detention includes the period of preliminary investigation before the prosecutor sends the criminal case to court. The preliminary investigation period begins from the moment the accused (or suspect) is detained.
The period of detention may also include:

• detention as a suspect;
• House arrest;
• forced stay in a medical institution to check the condition, and there may also be a forced referral to a psychiatric institution by court decision;
• period of detention in the territory of another country at the request of the Russian Federation.

When placing an accused in custody for a second time in the same case or in a related case, the time that the accused spent the first time in custody is taken into account.

How long can you stay in a pre-trial detention center?

Let's look at how in our rule-of-law state the amount of time spent in a pre-trial detention center is counted. But let's first look at the maximum and minimum period:

• The amount of the shortest term that a defendant can spend in a pre-trial detention center is not taken into account anywhere; in other words, there is no specific resolution for this kind of issue. Moreover, the defendant can be released from custody if there is no longer any point in keeping him there. Release occurs as soon as possible;
• The longest term in a pre-trial detention center is regulated depending on the severity of the crime committed.

The last point, talking about the maximum amount of time spent in custody, is divided into several more interesting points. Reading and memorizing them is mandatory:

• The standard length of stay in a detention center, in accordance with Article 103 of the Criminal Code of the Russian Federation, must be more than sixty days;
• Also due to lack of time, and incomplete disclosure of the crime. The Investigative Committee has the right to extend the time of detention in a pre-trial detention center to one hundred and eighty days. This stage is provided for in accordance with Article 109 of the Code of Criminal Procedure of the Russian Federation.

Due to the serious circumstances of the violation and the complex course of the investigation, the period of time spent in the detention center may be extended by one and a half years. Such measures are justified in Article 109 of the same Criminal Code. Such a period may be set in accordance with the petition by the governing entities.

Can a long stay in a pre-trial detention center be prohibited?

Formally, long terms are prohibited. But there are times when it is simply necessary to keep the subject in a secure location throughout the investigation. In other words, it is simply impossible not to put the accused in long-term custody. Such measures are applied if investigators cannot obtain the necessary evidence in a short time. It turns out that if you provide the arrested person with new materials on his case during the expiration of his term in the pre-trial detention center, it is quite possible to extend the term for another couple of months.

Due to these kinds of ingenious procedures, the accused are placed in detention for a period that exceeds more than two years. And it happens that such deadlines can be extended for a longer time. But prisoners are also not deprived of their right to speak; they may well file a corresponding complaint against investigators and employees of the former system for violating their rights.

If the investigator and the prosecutor do not have time to submit an application to extend the suspect’s term in the pre-trial detention center, then they are simply obliged to release him from custody. After concomitant departure from the pre-trial detention center, the previously accused, and now acquitted for lack of facts, citizen retains the right to study absolutely all materials on his case.

The maximum time spent in a pre-trial detention center is an additive figure, since repeated detention for the same case as before should not exceed 180 days.

Advantages of the adopted amendments

Innovations that directly relate to the length of time spent in isolation have been considered for about 10 years, but only recently a positive decision was made. The basis for revising the deadlines was the following factors:

• Poor living and psychological living conditions in the pre-trial detention center. They are much worse than ordinary correctional colonies. People here live as if in a cage; they are strictly forbidden to engage in any activity.
• Cases related to economic crimes are often deliberately delayed. Many investigators keep the perpetrators in pre-trial detention for the maximum permissible period, that is, one year.

Adopted innovations Art. 72 were aimed at significantly mitigating the punishment associated with staying in a pre-trial detention center. Thanks to the amendments, investigators will be prohibited from artificially delaying the investigation process.

Timing system

When imposing a sentence, the court uses a system of counting days in accordance with Art. 72 of the Criminal Code, according to which days are counted during the period of imprisonment:

• 1/1 in case of arrest, detention in a disciplinary military unit, during forced labor;
• 1/2 in case of restriction of freedom;
• 1/3 with restrictions on military service and correctional labor;
• 1/8 hours for mandatory work.

At this stage, the possibility of counting 1 day in a pre-trial detention center for 2 days in a penal colony or 1.5 days in a general regime colony is being considered.

Pre-trial stage of proceedings

According to the norms established by criminal procedural legislation, the calculation of the period during which the accused during the period of investigative measures begins from the moment the person is taken into custody and until the prosecutor authorized to supervise the correctness of the consideration of this case submits all documents to the court .

The terms of detention of an accused person in a pre-trial detention center also include:

1. The time during which the person was in a pre-trial detention center as a suspect.
2. Time for house arrest.
3. The time during which a person was forced to stay in a specialized medical institution, where he received care in a hospital setting, if such a referral was received in court.
4. The period of time during which the accused was in the territory of another state, where a request for his extradition to the Russian Federation or the provision of legal assistance was awaiting.

The administration of a specialized institution must ensure that judges, prosecutors, investigators and other persons conducting proceedings in the case have the opportunity to freely visit the pre-trial detention center during the working day to interview the accused, receive him and deliver him to undergo various types of investigative measures.

The prosecutor, who is authorized to supervise the investigation of a criminal case, and senior officials who monitor the correctness of the activities, also have the right to call a person.

On the written instructions of the person authorized to conduct an inquiry or other investigative measures, the administration of the pre-trial detention center must ensure the following conditions:

1. Provide properly equipped premises.
2. Deliver the suspect to the place of investigative measures and ensure his security.
3. Ensure access to the institution for persons who will take part in investigative activities.
4. Be present during the search of the suspect, the seizure of his personal belongings, the seizure of property, and their transfer to the institution’s warehouse.

How is the term in a pre-trial detention center calculated during a trial?

However, even after the case is sent to court, the period of stay in the pre-trial detention center can be increased:

Before transferring the case to the court, the accused, who is in a pre-trial detention center, receives materials to familiarize himself with the case no later than 30 days before the expiration of the maximum period of stay in the pre-trial detention center. To become familiar with the case, the court may extend the detention of the accused in a pre-trial detention center, in accordance with Part 7 of Article 109 of the Code of Criminal Procedure of the Russian Federation.

As a rule, accused and convicted persons are not required to independently calculate the time of their stay in a pre-trial detention center and calculate how the time in a pre-trial detention center is counted towards the total term of imprisonment. This function is performed by the judicial authorities, and the terms received are indicated in the relevant court decision.

The period of stay in the pre-trial detention center (from the moment the suspect is placed in the pre-trial detention center until the end of this preventive measure) is indicated in the court order according to which he was placed in the pre-trial detention center.

For example, the court decided to take the accused into custody for a period of 3 months. The resolution was issued on June 1. Thus, on September 1 at 24:00 the period of detention in the pre-trial detention center expires.

However, we must not forget that all of the above terms of stay in a pre-trial detention center refer to the period before a court verdict finding the accused guilty. Further, deprivation of liberty is regulated by Article 255 of the Code of Criminal Procedure of the Russian Federation.

A day in a pre-trial detention center and a colony settlement: how to count?

The scheme for counting time spent in a pre-trial detention center depends only on what type of correctional institution the court assigns when imposing a sentence of imprisonment.

The most “preferential conditions” by law are provided to those convicts who are sent from the walls of the isolation ward to serve their sentences in a penal colony . In accordance with Part 3.1 of Article 72 of the Criminal Code of the Russian Federation, one day in a pre-trial detention center will be counted as two days of imprisonment .

The logic of the “preferential” credit for time spent in a pre-trial detention center is that in a pre-trial detention center, which is essentially a closed prison, a person is in harsher and more cramped conditions than in a colony-settlement.

In practice, there were cases when citizens whose investigation and trial lasted for many months and even years, thanks to this law, were released without having time to get to the colony.

How is the term in a pre-trial detention center calculated when appealing a sentence?

By law, anyone convicted has the right to appeal their sentence within a specified time frame. During the period of appeal, the court verdict cannot enter into legal force and is carried out.

If the accused decides to appeal the court verdict, he must remain in the pre-trial detention center until the final verdict is pronounced.

House arrest will be counted as imprisonment in a new way

Simultaneously with the easing of conditions for persons held in detention centers, the legislator is tightening the conditions for calculating and counting sentences for those who were under house arrest before the sentencing. Previously, the same offset formula was applied to both cases: “day by day.” According to Part 3.4 of Art. 72 of the Criminal Code of the Russian Federation, now two days of house arrest will be equivalent to one day of imprisonment, regardless of the type of correctional institution.

When is the new calculation not used?

Modern legislation states when “a day and a half” should not be taken into account. There are several situations when the standard, previously used 1:1 ratio is taken. This innovation is not used in the following situations:

1. A person has been convicted by a court of a serious criminal act.
2. The criminal is involved in a case that is directly or indirectly related to terrorism.
3. The offender has committed crimes more than once, that is, from the point of view of the Criminal Code, he is a dangerous repeat offender.
4. The offender received a sentence under Art. 228. Here we are talking about illegal drug trafficking.
5. A violator of the law comes under investigation for extortion, theft of drugs or psychotropic substances.
6. The man was charged with treason against the state.
7. The offender was charged with espionage activities. The collection, storage and theft of information, as well as its subsequent transfer to employees of government agencies in other countries, are punishable.

Criminals who have been charged under articles of grave and especially grave violations of the law are not subject to the updated preferential amendments to Art. 72.

Recalculation of punishment in pre-trial detention center

According to Part 3.1 of Art. 72 of the Criminal Code of the Russian Federation, the day of detention is equivalent to:

• to one day of the convict’s stay in prison, a strict or special regime colony;
• to one and a half days of punishment in an educational or correctional colony of general detention;
• to two days of punishment in a penal colony.

This part of Article 72 of the Criminal Code was introduced by Part 2 of Art. 1 Federal Law No. 186, signed by the President of Russia on July 3, 2018.

The point of this article is to equalize the conditions of punishment throughout its entire term - from arrest to release. If the conditions of stay in a pre-trial detention center are significantly worse than the conditions of punishment provided for by a court decision, then the total time of serving the sentence should be reduced. Otherwise, it turns out that a citizen who has committed a crime is punished more severely than provided for by the relevant article of the Criminal Code.

Starting from July 2022, it became possible to recalculate the total sentence for convicted persons and reduce the time they spent in custody.

In court decisions after July 2022, this norm should be reflected in the effective part of the sentence, but due to various circumstances that did not allow the court to apply this norm when passing a sentence, the convicted person, with the help of a lawyer, can go to court at the place of serving the sentence. The same opportunity is provided to all citizens convicted before July 3, 2022.

Attempts to change the Criminal Code in a similar way were made by human rights activists back in 2008, when a corresponding draft was submitted to the State Duma. The experts explained their position by the harsh conditions of detention of citizens in pre-trial detention centers, which are equivalent to the conditions of prisoners in high-security colonies. Such punishment was not always equivalent to the citizen’s guilt.

It was quite difficult to change the conditions of stay in the pre-trial detention center due to the obsolescence of Russian prisons and the increasing flow of people placed in custody. It was not possible to solve the problem, which simultaneously required significant funds, in a short time, so the state decided to introduce a standard for reducing the total sentence.

When recalculation of punishment does not apply

Recalculation of the sentence does not apply to citizens:

• serving a sentence in a correctional or educational colony of general regime, if disciplinary measures have been applied to them in the form of being in a disciplinary, punishment cell or in cell-type premises;
• who have committed a serious crime and were previously sentenced to a real term of imprisonment two or more times for committing an intentional crime of moderate gravity;
• who have committed a serious crime and were previously sentenced to a real term of imprisonment for committing a serious or especially serious crime;
• sentenced to death, but received a pardon in the form of a life sentence or a prison term of 25 years;
• who committed a crime and were convicted in accordance with the articles of the Criminal Code: for espionage and high treason, for the production and trafficking of drugs, for attacks on government officials, seizure and retention of power by force, rebellion with the use of weapons, for the seizure and hijacking of water, air or railway vehicle, terrorism and international terrorism, for hostage-taking and attacks on buildings and people under international protection.

By legislatively introducing a rule that reduces the total sentence for those convicted of crimes of minor gravity, the state took another step towards creating a humane system of execution of punishments.

Who will not be affected by the amendments?

The amendments will not affect those placed in maximum security colonies. But parts 3.2 and 3.3 of the article in question contain separate comments that the one-to-one formula is applied to convicts:

• in case of particularly dangerous recidivism of crimes;
• for whom the death penalty has been replaced by imprisonment;
• for a terrorist act, assistance in terrorist activities, public calls for terrorism, organization of a terrorist society, as well as participation in it, hostage-taking resulting in the death of someone, theft of a vehicle for the purpose of terrorism, possession of drugs on a large or especially large scale, sale of drugs, state treason, espionage;
• who are kept in a punishment cell or cell-type premises as a result of disciplinary action.

Such clarifications are made taking into account the fact that women cannot be placed in strict and special regime institutions and from this point of view there are no restrictions on the effect of the amendments for them. But if a woman was convicted under one of the above circumstances, restrictions will also apply to her.

Who is affected by the amendments and who is not?

Legislative changes adopted in 2022 significantly expanded the rights and legitimate interests of persons who were convicted of crimes of minor and medium gravity. However, the law separately identifies special categories of citizens to whom, due to the special social danger of the acts they have committed, the humanization of the criminal legal framework does not apply.

Below we will look at who is not entitled to preferential terms.

Convicts who have committed grave and especially grave crimes

For the commission of crimes that pose a significant public danger, the law prescribes punishment in the form of serving a sentence in a high-security or especially high-security colony. The length of stay in a pre-trial detention center is correlated with the length of stay in these institutions as 1:1.

However, if a convicted person is transferred to an institution with more lenient conditions of detention for proper behavior or in case of other extenuating circumstances, then he can count on recalculation of the sentence in part of the period that he will be in the corresponding correctional facility.

Convicted repeat offenders

If a convicted person commits a particularly dangerous recidivism, then, regardless of the conditions of detention, he cannot count on a reduction in his sentence. A particularly dangerous recidivism should be understood as the commission of a particularly serious crime if the person was previously convicted of a similar act or was convicted twice under serious articles .

If a person who has a conviction for committing a particularly serious crime commits a serious criminal offense, then this is also considered a particularly dangerous recidivism.

Convicted for certain, especially dangerous crimes

Persons convicted of committing terrorist acts, as well as high treason and espionage, cannot count on relief when calculating the terms of serving their sentences.

Reference! When calculating the appropriate term, the time the convicted person spent in a punishment cell in a colony is not taken into account.

Review of sentences

From the contents of Art. 10 of the Criminal Code of the Russian Federation it follows that a norm that worsens a person’s situation does not have retroactive effect, unlike one that improves this situation. The norm, the application of which entails a reduction in the term of serving the sentence, certainly belongs to the second group. This means that persons sent to serve a sentence in a settlement colony or a general regime colony can apply for a reduction in the term imposed by a sentence that entered into legal force before the date of the amendments.

The changes date back to July 14, 2022, so for persons who were placed under house arrest prior to a sentence that came into force earlier than that date, the offset will be made using the one-to-one formula. Such sentences will not be reviewed.

A procedural procedure that is necessary before a convicted person is credited with being in a pre-trial detention center.

The issue of crediting one's stay in a pre-trial detention center while serving a sentence is decided by the administration of the colony. Settlement colonies were given three months to do this, general regime colonies six months, from the moment the new law came into force.

Employees identify persons in respect of whom a recount is possible and send a reasoned submission to the court.

How is the term calculated?

The full list of these measures applied to a person against whom investigative actions are being conducted is established by Chapter 13 of the Code of Criminal Procedure of the Russian Federation.

Among them are:

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• recognizance not to leave;
• guarantee from a third party;
• special control and supervision by the command of a military unit;
• special control and surveillance of a person under the age of majority;
• House arrest;
• pledge;
• detention in a pre-trial detention center.

The choice of a specific measure against a particular person is made by a law enforcement officer depending on many circumstances.

So, the following nuances should be taken into account:

• the severity of the criminal act of which the citizen is suspected;
• the possibility of a person to escape from justice;
• the ability of a citizen to influence the course of the investigation (for example, to put pressure on witnesses).

Also, the choice of measure is influenced by some other circumstances, such as: marital status, health, type of activity of the suspect, etc.

Attention! During the investigation, the chosen preventive measure may be replaced by another, either more or less strict.

The most severe restrictive measure among all those established by the Code of Criminal Procedure of the Russian Federation is placement in a pre-trial detention center.

It should be noted that a decision on such a significant defeat in the rights of a citizen whose guilt has not yet been established can only be made by a judicial authority. The person conducting the investigation can only submit a corresponding petition to the court.

When deciding this issue, the judge is guided by the norms of the Code of Criminal Procedure of the Russian Federation . According to this legal act, such a strict measure can only be taken against a citizen who is suspected of an act punishable by at least 3 years in prison. However, the law allows for the possibility of detaining persons suspected of crimes of mild severity under certain conditions.

The corresponding court decision can be appealed by the person, as well as by his representative in the appellate instance.

Separately, the law identifies the conditions under which the detention of minors is possible. The court may make a similar decision if the latter commits a crime of a particularly grave nature.

Persons who are placed in a pre-trial detention center, after the conviction has acquired legal force, are, as a rule, sent to a colony of one type or another. However, Russian human rights activists have noted for many years that conditions in detention centers for pretrial detainees are sometimes significantly worse than in the colonies themselves. At the same time, for a long time, when taking into account the term of punishment, one day in a pre-trial detention center was equated to one day in a correctional institution.

In 2022, as part of targeted legislative work aimed at humanizing the criminal legislation and penitentiary system of the Russian Federation, bill No. 73983-5 was introduced into the relevant legal documents, which concerns the rules for recording time spent during the investigation.

Thus, it was established that, due to the special conditions of detention in a pre-trial detention center, the time of stay in institutions of this type should be calculated according to special rules. For persons who are permanently in colony settlements, 1 day as a person under investigation with isolation is equivalent to two days of being in a penal colony.

If the convicted person is sentenced to punishment in a general regime colony, then the corresponding period will be calculated as 1 day per day and a half. As for those for whom the conditions for serving their sentences are the most stringent (high and especially high security colonies), absolutely nothing has changed for them. The ratio of time spent is 1:1.

In cases where a person is transferred from one type of correctional institution to a correctional facility of another type, the terms are recalculated. When a convicted person is transferred to more lenient conditions of serving, for example, from a general regime colony to a settlement colony, part of the term spent in a pre-trial detention center will be calculated as one day for one and a half, and part - as one day for two in a pre-trial detention center. A similar rule applies when transferring a convicted person to an institution with more strict conditions of detention.

The concept of the current legislation of the Russian Federation assumes that norms that somehow improve the situation of citizens have retroactive effect. In this regard, from 2022, persons who were previously convicted can also apply for a reduction in their sentences on the grounds stated above.

It is also useful to read: Calls and transfers for prisoners with the Zonatelecom operator

Application for credit for time in custody

The convicted person himself can submit a corresponding petition to the court that passed the sentence, or to the court at the place where the sentence is served.

When a person has already served a sentence with credit for terms according to the old rules, it is advisable to take advantage of the opportunity to file a petition to recalculate the term of the sentence taking into account the new rules; for some time after serving the sentence, the citizen will have an outstanding criminal record. In accordance with paragraphs c, d, part 2 of Article 86 of the Criminal Code of the Russian Federation, it is extinguished after three and eight years from the date of serving the sentence in relation to persons imprisoned for crimes of moderate gravity and serious crimes, respectively. Reducing the term of serving a sentence affects the reduction in the period of expungement of a criminal record.

To submit a petition, the prisoner must submit it as a regular letter through the administration of the colony, which will independently forward it to the jurisdiction.

The convicted person does not need to appear at the court hearing - a video conference will be established with the colony.

The application may be refused. Such a decision can be appealed within ten days from the date of receipt of a copy of the decision.

Judicial practice on the issue

Blinova was detained on June 30, 2015 on suspicion of murdering her neighbor Zuev, stealing his property and selling the loot for the purpose of purchasing narcotic substances. During investigative measures, her stay in the pre-trial detention center was constantly extended, and the final court decision was made only on December 17, 2016.

While in the colony, Blinova filed a complaint with the prosecutor's office that she had spent a long time in the pre-trial detention center, which contradicts the norms of the Code of Criminal Procedure. Having considered the application, the prosecutor decided that the terms of imprisonment were indeed violated, because the Code of Criminal Procedure states that the maximum period of such restriction of freedom should not exceed 1 year.