The head of one of the city enterprises was recently released on parole. At the same time, it should remain under the control of government authorities for another couple of years. When I began to wonder who would monitor him, I came to the conclusion that this was the responsibility of the criminal-executive inspection.
- What is such an inspection?
- What do the employees of this organization do?
- What responsibilities and rights are assigned to the inspection?
The answers to these questions can be found in this article.
General essence and purpose of the UII
Once a criminal is formally sentenced in a criminal case, the process of execution begins. Even if the offender was not sentenced to a real sentence, if he was not imprisoned, his life for some time will be under the close control of employees of a special organization, that is, the criminal executive inspection.
The terms of reference of the UII are strictly regulated by modern legislation.
The inspector monitors not only convicts and those sentenced to alternative forms of restriction of freedom. Under his control are those who have already been released from prison, but must remain under close supervision.
What kind of structure is this within the Federal Penitentiary Service?
The competence of the Office of the Federal Penitentiary Service includes the performance of many law enforcement functions. It has jurisdiction over the entire system of monitoring the lives of lawbreakers, both in isolation and outside special correctional institutions.
For normal functioning, divisions have been created within the Federal Penitentiary Service, each of which is not assigned comprehensive tasks. They are in charge of only one specific spectrum in the penal system.
For example, the criminal executive inspection is responsible for the correction of citizens who have violated the law, but have not been deprived of their liberty by a court.
The Criminal Enforcement Inspectorate is one of the divisions of the general structure of the Federal Penitentiary Service. Its functions are reduced to providing supervision over the life and work of offenders who are not isolated from society, but pose a certain danger to its law-abiding members.
Features and rules of operation of the UII
The Executive Criminal Inspectorate is an official division of the Federal Service that carries out punishments awarded by the Ministry of Justice of the Russian Federation.
Currently, there are approximately 2,500 inspectorates operating throughout the state. They are distributed exclusively according to territorial characteristics.
If a criminal is given a sentence other than imprisonment, he will serve it exclusively at his place of residence. If the offender receives a real prison term, during the execution of the punishment a copy of the agreement is sent to the pre-trial detention center in which he is being held. After this, it is decided where to send the criminal by stage.
A copy of the verdict is sent to the Penitentiary Inspectorate if the offender is sentenced to:
- Mandatory work.
- Corrective measures.
- Probation.
- Restriction of freedom.
- Prohibition from working in a previously held position.
- Deferment of execution of a sentence due to illness or birth of a child.
On the date of announcement of the verdict, the offender fills out an official obligation to appear at the correctional institution in the judicial organization. After some time, this document, together with a copy of the verdict, is handed over to the inspector of the correctional department.
As soon as the sentence passed is given legal force, the offender must appear at the territorial correctional institution. Here the person responsible for the violator will register him. He will ask you to fill out a questionnaire and special reporting papers.
As soon as the punishment is fully served, the documents will go into the person’s personal file. After serving the prescribed sentence, the UII monitors the life and activities of these people.
Responsibility of supervised citizens
Specific standards of behavior and obligations of convicted persons are determined by the inspector of the Criminal Executive Inspectorate based on the nature of their punishment. The responsibilities of all groups are limited to following general rules. First of all, this is compliance with labor discipline and behavior in everyday life. The following points indicate the offender’s desire to reform:
- He has only positive reviews from the management of the company where he works.
- Positively characterized by place of study. Participates in the public life of an enterprise or educational institution.
- Complies with the regime of visiting the UMM for registration, does not shy away from conversations between the supervising officer and the local police officer.
- Leads a sober lifestyle.
- Does not disappear from the sight of regulatory authorities.
Responsibilities and rights of the UII
Employees of the Penitentiary Institution perform not only special supervisory functions, but also educational ones.
The main task of the Penitentiary Inspectorate is to monitor the execution of the assigned punishment, but also to exert a positive influence on the convicted person in order to reduce possible recidivism.
Among the main responsibilities of the UII are the following:
- Maintaining records of all violators.
- Explaining to them the rules and procedure for the prescribed punishment.
- Coordination with local special places for serving sentences.
- Organization of educational work with criminals.
- Submitting requests to the court for replacement of punishments with more severe ones or for complete release from them.
- Detection of reasons that could cause a relapse.
Along with certain responsibilities, UII employees have certain rights. Here are the most basic ones:
- Preventive conversations with convicts.
- Detection of reasons for violation of compliance with serving the sentence.
- Explanation of the rules for serving sentences.
- Visiting convicts at their place of residence.
- Bringing violators to the police if they avoid appearing.
- Control over the transfer of funds allocated for the execution of punishment.
These are the most basic rights and responsibilities of UII employees, but they are not a complete list.
Assistance to convicted citizens from the supervising inspector
The functions of the criminal executive inspection include not only supervisory and control activities.
One of the pleasant moments is that the inspector can petition the court to mitigate the criminal law measures against a citizen who has proven himself to be excellent. This can be either a request for a reduction or a complete removal of a criminal record.
This is an additional incentive for offenders who want to quickly serve their sentences and return to life without control and supervision.
Powers of the Inspectorate for Criminal Acts
Each prison inspector is obliged to monitor all spheres and areas of the life of a convicted person:
- General lifestyle.
- Behavior in free time.
- Fulfillment of assigned job duties.
In some cases, the scope of control may change. It all depends on the punishment imposed and on the peculiarities of the work of the penitentiary institute. Here are several functions of the UII depending on the punishment imposed.
Probation
In this case, a person is not isolated from society, but his ordinary life undergoes certain changes. He must adhere to the established rules. In relation to such criminals, correctional officers act as follows:
- If the person who has received the sentence does not appear at the correctional institution at the appointed time, the inspector will come to him to warn him of responsibility.
- On the date of appearance, the officer explains to the convicted person his rights and obligations.
- A special personal file is opened.
- Awarding prohibitions and explaining the required responsibilities.
- Visit to a psychologist.
Mandatory working hours
In the process of awarding this form of punishment, the convicted person must serve several additional working hours, in addition to his main job. The execution of such punishment is carried out in the following sequence:
- Deciding on which company the convicted person will be sent to.
- The appearance of the convicted person at the Penitentiary Inspectorate is required. The organization will explain his rights and responsibilities.
- Monitoring the execution of mandatory work.
- Receive an order indicating the exact time of appearance.
- Each convict works at such jobs for up to 4 hours a day.
- If unexcused absences are noted, the inspector conducts a preventive conversation.
If, after a warning, a person does not show up for work, the inspector must apply to the court to replace the punishment.
Correctional work
This type of punishment can be served at the main official place of work or in another organization designated by the Penal Inspectorate. There is no particular difference, the main thing is that certain amounts from the income received are transferred every month. As a rule, 20% of the total salary is deducted.
In many cases, prisoners are sent for correctional labor to plant landscaping in yards and clean areas located near their homes.
In the case of this form of punishment, the inspector performs the following functions:
- Monitors the receipt of receipts confirming due payments.
- Maintains time sheets for hours worked.
- Monitors compliance with the rules of execution of punishment.
- Monitors compliance with workers' rights.
House arrest
This is a special restriction on the freedom of the convicted person. He continues to live in his home, but within certain limits. Their compliance is monitored by the UII, and simultaneously with the police. Among the basic rules that a convicted person must observe are:
- Prohibition to leave the house or apartment.
- It is strictly forbidden to communicate with accomplices.
- Many convicts are required to wear special bracelets.
If a person tries to escape, the inspector receives a corresponding notification. He immediately goes to the criminal’s place of residence and begins searching for him. If the convicted person cannot be found within 24 hours, the question of searching for the offender is raised.
Control over the lives of probationers
Replacing actual deprivation of liberty in a correctional institution with a suspended sentence means that the lawbreaker continues to live and work in the society of law-abiding citizens. During the probationary period, he must prove by his behavior that he has reformed and can live in the legal field.
- After the standard registration procedure with the criminal executive inspection and an explanation of the duties and rights of the convicted person, the correctional officer warns him of responsibility for violating the rules. These rules apply to daily life and contain the following requirements:
– do not leave the locality during the probationary period;
– do not change your place of registration and permanent residence without the knowledge of the inspector;
- work in an enterprise where the convicted person gets a job, or with the help of an inspector. The UII employee, in turn, discusses with the employer the responsibilities of the new employee in the workplace, his days off and the annual leave schedule;
– to recover at the place of study;
– refrain from drinking alcoholic beverages and drugs;
– to be at home during the period of time determined by the inspector of the correctional institution (for example, from 22 pm to 8 am);
- A schedule for a citizen’s visit to the UII for the purpose of registration is determined.
- A preventative conversation is being held. Such conversations are conducted throughout the entire supervised period. The UII employee is assisted by a full-time psychologist.
- An employee of the Criminal Executive Inspectorate constantly keeps the convicted person under control, both in work and in family life. To do this, he can pay a visit to the offender’s place of work, educational institution or home at any time. The purpose of the visits is to make sure that the re-education process is going smoothly, without any complaints. During visits, he talks with the employer, immediate superior, teachers, household members of the convicted person, interviews neighbors and colleagues.
- If there are complaints about his work, or he completely ignores the living and working conditions during the probationary period, the inspector takes disciplinary measures. To begin with, a conversation is held and a warning is issued. At the same time, the requirements for the offender may become more stringent. And if the violations are permanent, or there is a repeated crime, the inspector must send a request to the judicial authority to review the decision and replace the conditional punishment with a real one.
- The competence of an employee of the criminal executive inspection includes primary investigative measures if the offender has fled from the place of serving his sentence and residence.
- In addition, the inspector supervises the injunction prohibiting a citizen who has violated the law from holding any positions or engaging in specific types of activities.
The same applies to persons remaining at large due to the deferment of a sentence of imprisonment. These are usually pregnant women or mothers with young children (under 14 years old), as well as men raising young children in the absence of a mother or relatives who can take care of them.
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Complaint against employees of the Penitentiary Inspectorate
Inspectors of the control organization must carefully monitor the prisoner and his execution of the prescribed punishment. The UII is obliged to act within the framework of entrusted powers and try to prevent violations of the rights of all participants. If the inspector exceeds his authority, the convicted person has the right to appeal his actions.
Among the main violations that are often committed by employees of the Penitentiary Inspectorate are:
- Forced labor in the presence of certain medical contraindications.
- Prohibition on permitted walks within a radius of 1 km during house arrest.
- The desire to force the arrested person to do something not provided for by law and beyond the scope of the sentence.
- Checking your place of residence at night.
- Unreasonable refusal of requests and petitions of convicted persons.
- Illegal disclosure of personal information about a convicted person.
A well-drafted complaint is submitted to the district prosecutor's office. It is addressed to the chief prosecutor. The document requires a detailed description of all recorded violations by the inspector and references to regulatory requirements. The complaint is considered for about 30 days. During this time, all possible necessary checks are carried out.
Speaking about the main thing
- Convicts are not recommended to violate the terms of the imposed sentence.
- If you violate penalties in the form of probation or house arrest, you can get a real sentence.
- The Penitentiary Inspectorate operates in the system of the modern Criminal Code, performing the functions of supervisory control over the correct execution of the prescribed punishment and ensuring optimal security.
- Criminals are required to comply with the rules and recommendations of the penal institution.
- The subsequent fate of the sentence directly depends on the actions of the criminal investigator.
