What is this procedure
Conveyance is the forced transportation of prisoners to specific colonies, camps, and prisons. Stage – the entire journey of the convicted person, from the point of departure to the place of stay.
Traveling comes with a lot of challenges. After all, trains are not known for creating favorable conditions. Problems often arise with moving all your belongings. The management of the pre-trial detention center individually makes decisions regarding the transfer of specific convicts.
Previously, the central department of the Federal Penitentiary Service in Moscow sends an order to the institution. It writes about how the situation is developing with the colonies and the free places existing in them. The distribution of those sentenced is not such a simple task, because the penalties and the crimes themselves can be different.
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Now this process is not always specifically related to transfer to a colony. Other penalties may be used, depending on the decision made. After all, several other types of correctional institutions have appeared where citizens who have broken the law can be sent.
It is also useful to read: How to file a report of battery
What it is?
Conveyance is the forced transportation of a convicted person from point A to point B. Often this means transportation from a pre-trial detention center to a penitentiary institution, where the convicted person will serve his sentence. However, staging can also be used in the following cases:
- To be brought to court from a pre-trial detention center.
- Bringing to court a person who has already been convicted and is serving a sentence if a new criminal case has been filed against him for consideration;
- Delivery to the court for review of the case, addition of sentences, if another case has been received, for review of the case;
- To change the place of serving a sentence - from one type of colony to another, or to another region.
The choice of the transfer location is not accidental - where to send the convict is decided by the management of the pre-trial detention center, based on the chosen measure of restraint.
Before the management of the pre-trial detention center chooses the place where the convict will be sent, a kind of order comes from the Federal Penitentiary Service, which indicates in which penitentiary institution or region there are places for convicts.
Due to the fact that some colonies are located in remote places of the Russian Federation, transportation can last more than one week or even a month. Therefore, the convicted person himself needs to prepare for such a “journey.”
Preparation for the stage
You can prepare for transportation immediately after a specific sentence comes into force.
Deadlines are never announced in advance, so it is recommended to take several important actions:
- You can take bags with you whose weight does not exceed 50 kg. It is better to take care of food for the trip and seasonal clothing. Canned instant food is the most popular, and this also applies to tea with sugar. On the trains themselves, access is only provided to boiling water.
- It is not recommended to take too many things. They give you an additional heavy mattress, which you will also need to carry with you.
- It is recommended to stay close to people you know, then you have a better chance of avoiding conflict situations. There is no distribution depending on the articles and the severity of the crimes.
- Trips to the bathroom will be limited.
- A large number of cigarettes are prohibited, as are SIM cards.
- It is better to take medications with you in the required quantity to get rid of the simplest symptoms.
These are only guidelines, but they help you take care of yourself if necessary.
What is the secret of transferring
The prison phase often takes up to several months. For the family and the convicted person, such processes can be called a real test. Relatives do not receive information regarding his health and place of imprisonment, the citizen himself is deprived of contact with the outside world.
The European Court recently decided that a person's rights are violated if he is away from home for a long time. Being in remote regions creates problems when communicating with relatives.
They try not to disseminate information about this process or use the media. The secrecy of transportation is necessary to prevent all kinds of terrorist acts.
How is the transportation?
The prison phase can last several months and most of the time the convict will simply wait for his turn. This is due to the fact that the Federal Penitentiary Service is trying to staff the trains as much as possible, since no one will organize a stage for the sake of one or two criminals.
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Transportation of convicts is carried out in transport specially equipped for this purpose - they are delivered to the train in cars with enhanced security. The train cars are also equipped in a similar way.
Searches at the stage are carried out quite often. The convicted person does not always immediately end up in his penitentiary institution. Sometimes it is a transit prison, from where those already serving their sentences are distributed to colonies.
At the final destination, the convict is sent to quarantine - it is equal to two weeks. Within 10 days after the convict arrives at the place of serving his sentence, relatives are required to inform about his whereabouts - this is the responsibility of the management of the correctional institution.
If for some reason the relatives were not provided with information about the whereabouts of the convicted person, they can find out this from the lawyer or investigator who led the case. We also wrote here about how you can find a convicted person if you know his full name.
How does convoy work?
Only convicts and those responsible for accompanying them are present in a special room. Reception is carried out one person at a time. At this moment, a search is carried out in order to, if possible, seize any items prohibited for storage.
Pre-approval is required. Messages are sent stating when and how court hearings will take place, if necessary. Invoicing is impossible if a properly executed document is missing.
At least one guard must always be present at a court hearing. Usually they rotate with each other and attend court hearings in turns.
Reference! To ensure safety, the convicted person is handcuffed only if he is not placed inside a special box. But even after moving inside, the relaxation is not applied to every citizen.
Who performs the duties of the convoy?
Usually this is done by employees of the Federal Penitentiary Service, from which entire groups of responsible persons are assembled. There is the following mandatory list:
- Dog handlers accompanied by dogs.
- Escorts. Their number depends on the number of convicts.
- Assistant chief of the convoy.
- Chiefs of the convoy.
Escort procedure
Special permits are required if we are talking about delivery to court. The document indicates all the information related to the current case and the procedure for its consideration.
The convoy always carries weapons with them to ensure maximum security.
A group of convicts gathers in the morning, then they are distributed to separate places. There are special premises for convicted persons in courts, through which citizens enter.
There is always a potential risk that a particular prisoner will be dangerous to himself and others. Therefore, increased security measures are observed . If necessary, it is possible to contact the administration. You can inform her about what is happening, about possible violations. Security measures are enhanced depending on the severity of the crimes committed. The higher they are, the more actions they take to protect the guards and people around them.
Yakov Krotov. Time Traveler. Supporting materials: prison.
Information about the transfer of prisoners
Autumn 2013. The Kremlin said that according to the law, relatives must be informed about where Tolokonnikova has been transferred no later than ten days after Tolokonnikova’s arrival at the place.
It is not true.
The Criminal Correctional Code (Article 75, Part 2) and the Criminal Procedure Code (Article 394, Part 1) actually talk about 10 days:
“Those sentenced to imprisonment are sent to serve their sentence no later than 10 days from the date the administration of the pre-trial detention center receives notification that the court verdict has entered into legal force. During this period, the convicted person has the right to a short-term meeting with relatives or other persons” (Article 75 of the Penal Code, Part 2).
However, here we are not talking about transfer from one concentration camp to another, but about sending to a concentration camp or prison after the sentence. This is a completely different situation. Unless I missed something, the PEC nowhere prohibits informing relatives about where the prisoner is being sent. And everything that is not prohibited is permitted. Relatives, in my opinion, have every right to complain to the prosecutor's office about violations of the law.
The fundamental thing, however, is different. It's not about Tolokonnikova. All laws and regulations related to the “execution of punishments” are subject to revision and humanization. Deprivation of contacts with the outside world is not a means of punishment, not a means of correction, but a means of torture and mutilation of a person. Isolation - yes, iron curtain - no.
There is also art. 76 PEC:
“Clause 7. For the temporary detention of convicts traveling to the place of serving a sentence or moving from one place of serving a sentence to another, transit points may be created at correctional institutions and pre-trial detention centers. Convicts are held in transit points under the conditions of serving their sentence in a correctional institution determined by a sentence or court ruling or a judge’s decision, and in compliance with the requirements provided for in part two of this article. The maximum period for holding convicts in transit points is no more than 20 days.”
There is no prohibition on informing relatives about where the convicted person is. Dating is not even prohibited here. The authors of the “shuffle” clearly did not mean this article, because they mentioned a 10-day period, which is not contained in it.
There is also this document:
Internal regulations of correctional institutions (IU Rules) Part II. Procedure for admitting convicts to correctional institutions Clause 9.
No later than 10 days from the date of the convict’s arrival at the correctional facility, upon his written application, a notification is sent to one of the convict’s relatives of his choice indicating the postal address of the institution, a list of things and items, food products that convicts are prohibited from receiving in parcels, parcels, parcels or purchasing, basic requirements for the procedure for correspondence, receiving and sending money transfers, allowing convicts to travel outside the correctional facility, visits, and telephone conversations.
And again: all this has nothing to do with the staging process itself. This document also does not prohibit reporting where transportation is carried out.
But the main thing is that all these actions by the authorities are based on the principle of “bring out the cow.” First, break the law thoroughly, then within the fundamental violation of the law, break it less thoroughly - and let the public discuss the less thorough violation of the law, and not the main one. "Matryoshka of lawlessness." Because the main lawlessness is not that they do not provide information about where they are being transported, but that, according to the law, the convicted person must serve his sentence in the subject of the federation where the crime was committed. This norm was introduced during the weakening of the dictatorship (1990s), but even then, it seems, was not implemented. Otherwise, who would be in the camps of Mordovia? After all, the Mordovians themselves are quiet people, entirely wardens, and do not commit crimes... Of course, the legislation remains Soviet in spirit - that is, a good norm is accompanied by a clause “in exceptional cases.” These “exceptional cases” naturally make up the majority, and where the prisoner will serve his sentence is a source of powerful bribery.
Criminal Executive Code of the Russian Federation, Ch. 11, Article 73. Places of serving imprisonment
1. Those sentenced to imprisonment, except for those specified in part four of this article, serve their sentences in correctional institutions within the territory of the subject of the Russian Federation in which they lived or were convicted
. In exceptional cases, due to the state of health of convicts or to ensure their personal safety, or with their consent, convicts may be sent to serve their sentences in an appropriate correctional institution located on the territory of another constituent entity of the Russian Federation.
2. If there is no correctional institution of the appropriate type in the subject of the Russian Federation at the place of residence or at the place of conviction or it is impossible to accommodate convicts in existing correctional institutions, convicts are sent, in agreement with the relevant higher authorities of the penal system, to correctional institutions located on the territory of another subject of the Russian Federation. Federation, in which there are conditions for their placement.
3. Convicted women and juvenile convicts are sent to serve their sentences at the location of the relevant correctional institutions.
4. Convicted for crimes provided for in Article 126, parts two and three of Article 127.1, articles 205 - 206, 208 - 211, 275, 277 - 279, 281, 282.1, 282.2, 317, part three of Article 321, part two of Article 360 of the Criminal Code Code of the Russian Federation, those convicted of particularly dangerous recidivism of crimes, those sentenced to life imprisonment, those sentenced to serve imprisonment in prison, those for whom the death penalty by way of pardon has been replaced by imprisonment, are sent to serve their sentences in the appropriate correctional institutions located in places determined by the federal body of the penal system.
