Rather, the practice of assigning any kind of work is used: mandatory, probationary and forced.
Among the rest, forced labor in criminal law is considered a fairly harsh punishment .
Punishment in the form of forced labor is carried out for a correctional period of one to three years, which cannot be said about compulsory or probationary labor.
However, despite this, forced labor is prescribed less and less often.
Some will say that this is due to the ineffectiveness of punishment, while others, on the contrary, will decide that this is a special measure that requires a special case and special conditions.
Whether this is true or not, let’s look into the following points.
Concept and essence
What is this, forced labor under the Criminal Code of the Russian Federation?
As you already understand, forced labor is considered primarily as a new type of criminal punishment under Article 53.1 of the Criminal Code of the Russian Federation.
So. For example, it is connected with the fact that, through coercion, condemned to some kind of work, or in other words, labor, thus influencing him from the point of view of the educational function.
The salary from such work, of course, does not go to the account of the besieged person, and if it does, it is in a strictly specified percentage.
Everything else is transferred to the account of the state or to the account of the citizen who suffered the damage.
This punishment involves work that will be carefully supervised by employees of the criminal correctional inspection. They will carefully ensure that the citizen actually works.
Also, a citizen sent to perform forced labor is required to systematically report the beginning of the working day and its end.
In addition, any disobedience to employees of the criminal executive inspection is equated to a violation of public order and the term of serving a sentence in the form of forced labor may be increased by performing criminal correctional labor.
Conditions for the use of forced labor as a type of criminal punishment
Forced labor is applied by the court in the following cases:
- when they are directly provided for by the sanction of the corresponding article of the Special Part of the Criminal Code of the Russian Federation as an alternative to imprisonment for committing a crime of minor or moderate gravity or a serious crime for the first time (“committing a crime for the first time” means that crimes for which convictions have been withdrawn or expunged in the manner prescribed by law are not subject to recording , or crimes for which the statute of limitations for criminal prosecution has expired);
- in case of malicious evasion from paying a fine imposed as the main type of punishment, from serving compulsory labor, correctional labor, or restriction of freedom;
- as a replacement for imprisonment imposed for a term of no more than five years, if the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence in prison. When a court imposes a sentence of imprisonment for a term of more than five years, with the exception of cases where the punishment of imprisonment is replaced by forced labor in accordance with Article 80 of the Criminal Code of the Russian Federation, forced labor is not applied.
Kinds
Types of forced labor can be different, and you will get this information not only from the Internet, but also from the Criminal Code of the Russian Federation.
So, for example, forced labor may vary on a territorial basis. Some perform forced labor in close proximity to home, while others, on the contrary, ask to be sent further away.
From a psychological point of view, this behavior is explained by the fact that in some cases the citizen is embarrassed or, on the contrary, not embarrassed about his position in society.
Also, forced labor may differ in other ways, such as duration.
For some, forced labor is prescribed to prevent the commission of a crime, and for others as a harsh form of punishment.
That is why in the first case, forced labor can last up to a couple of months, and in the second case it can exceed the mark of one year.
Peculiarities
The most important feature of this type of punishment is its alternative nature.
Forced labor is often used as an alternative to imprisonment.
The fact is that forced labor takes a person six days a week from morning until evening, so it has almost the same effect as imprisonment, however, prisoners can refuse to do work, but those who are charged with forced labor - can not.
It must be said that at the time of sentencing, experienced prisoners are very upset when, instead of imprisonment, they are charged with forced labor.
Another feature is that forced labor is one of the few types of punishment for which monetary compensation is paid.
How does this happen?
Funds are credited to the account of a person sentenced to forced labor as if they were a real worker, but the lion's share of it goes to the victim or to the state, thereby leaving the convict with slightly more funds than the subsistence level.
Could there be a ban?
Forced labor, as the name of this measure of criminal law implies, is mandatory. This means that the convicted person is obliged to comply with them, and refusal to implement them is not justified. At the same time, the nature of work is determined by the bodies of the penitentiary system, that is, a person does not have the right to independently choose it.
In this regard, many citizens and some human rights organizations have doubts about the legality of applying this type of punishment, since the Basic Law of the Russian Federation directly states the prohibition of forced labor and attempts to involve people in it.
However, from the point of view of current legislation, this form of criminal punishment does not violate the basic principles of human rights and freedoms.
International agreements existing today, which are predominantly declarative in nature, establish that forced labor is possible if it is a form of criminal law influence on the offender. The same rule applies, for example, to the army, where, by order, a serviceman can be involved in one or another activity without the right to refuse to perform it.
Thus, the involvement of convicts in forced labor, being a form of criminal punishment, does not contradict the Constitution of the Russian Federation, as well as the main international declarations and agreements.
To whom and for what are they appointed?
Forced labor is one of the most common penalties for persistent non-payers of alimony.
This is how punishment is assigned. The Federal Bailiff Service regularly sends data on persistent defaulters to the prosecutor's office.
As the amount not paid by citizens passes its critical threshold, the prosecutor's office collects documents, invites victims and becomes a public prosecutor in this case.
Further events play out according to the following scenario.
The defaulter either pays all debts in a short time, or he is assigned forced labor, the earnings from which will go almost entirely to the victims until the debt is fully repaid.
The period of forced labor includes the time the convicted person is kept in custody as a preventive measure, the time spent traveling to the correctional center under escort, as well as the time of short-term trips provided to the convicted person in accordance with Article 60.4 of this Code.
Timing and essence
Please note
The peculiarity of correctional labor is that the convicted citizen is not given options “to choose from”. The work is performed in the organization appointed by the inspector of the correctional institution. Also, the offender cannot resign on his own initiative. Read more in a separate article
Forced labor as a type of criminal punishment has been known to the Criminal Code of the Russian Federation since 2011, but its application was postponed until 2022 due to the lack of special institutions. Currently, 4 centers have been created in Russia, designed for 900 convicts.
The essence of the measure is to get the job done. Part of the earnings transferred to the person is withheld into the country's treasury. The amount of deductions is determined by a court verdict and varies from 5 to 20%.
The term of attraction is from 2 months to 5 years. It is important that if the court imposes a punishment in the form of imprisonment for a period of more than 5 years, then it cannot be replaced by forced labor.
Who are they not assigned to?
Of course, forced labor is a rather specific type of punishment, but not everyone can impose it .
Thus, such punishment does not apply to pregnant women, single mothers and minors.
And there is a special explanation for all this. The fact is that pregnant women cannot engage in heavy physical labor, as this can be harmful to their health, and therefore are exempt from such punishment.
As for other categories of citizens, for example, single mothers, here, too, the position of the legislator can be easily explained. The mother will leave the child from morning until evening, and if he does not go to kindergarten and is in a helpless state, usually these are children under three years old, then their mothers are exempt from such punishment.
Underage sixteen-year-olds are just developing their bodies, so it is also undesirable for them to do heavy physical labor.
Classification of forced labor
The law does not divide this type of punishment into separate types. But their classification is carried out logically according to the main characteristics:
- by duration;
- by the nature of the punishment and its purposes (as educational measures or as the most severe punishment for a crime);
- according to the location of the place where, by court decision, forced labor is carried out.
Categories of citizens subject to punishment
The imposition of this punishment requires compliance with certain requirements that apply to the convicted person himself. They affect the age and health of the subject.
Certain categories of citizens cannot be assigned forced labor. These include:
- children under 16 years of age;
- mothers with children under 3 years of age who are breastfed;
- pregnant women;
- single mothers;
- disabled people of groups I and II;
- pensioners;
- military personnel.
Forced labor can be imposed for any period from two months to five years. The length of the punishment depends on the severity of the crime.
Places of departure
Where is forced labor served?
Those sentenced to forced labor serve their sentences near their place of residence.
As a rule, such convicts go to the penal inspection to report. There they receive instructions on where they will carry out their activities today.
For example, forced labor often involves working under the supervision of a supervisor or foreman to sweep streets, collect garbage, paint curbs, or perform menial labor.
A lunch break is mandatory for these types of prisoners, but again, it takes place under the strict supervision of the curator.
Serving order
The procedure for serving forced labor is outlined in Article 60 of the Criminal Executive Code.
So, it says, first of all, that it is necessary first of all to constantly appear at the criminal executive inspection in order to show your presence.
Convicts also sign a document stating that they undertake to comply with all the rules dictated by the criminal executive inspection.
Convicts do not have the right to refuse forced labor unless there are medical reasons.
Also, convicts must always have a passport with them.
All these instructions are aimed at ensuring that the corrective function is observed first.
When are they used?
Forced labor is applied in cases where a criminal act was committed for the first time, when the citizen had no motive, or when the crime was committed frivolously.
Also, forced labor is mainly applied to women who have committed crimes of moderate gravity.
For what period are they set?
Forced labor does not have a clear time frame. They are usually established by the court.
The court also considers the personality of the defendant, his attitude to work, whether he was involved or not.
If the character is generally positive, then for the purpose of correction, forced labor is prescribed for a period not exceeding half a year.
Also, with regard to forced labor for alimony defaulters, the debtor’s forced labor will last until the entire amount that they have not paid is recovered from them .
What are correctional and forced labor?
Hello! I read on the Internet that amendments have been made to Article 80 - after serving 1/2 of your sentence, you can do forced labor. The husband is serving his sentence. Please tell me what should I write and where? What is the difference between ITR and PTR? And what is required under the new amendments in the Samara region?
Lawyer Lebedev Z.S.
Good afternoon According to Article 80 of the Criminal Code, 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, can replace the remaining unserved part punishment with a more lenient type of punishment, 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 type of punishment after the person sentenced to imprisonment has actually served: a crime of minor or medium gravity - at least one third of the sentence or at least one fourth of the sentence when replacing a 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 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. According to Article 15 of the Criminal Code, depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code exceeds three years of imprisonment. Serious crimes are intentional acts for which the maximum punishment provided for by this Code does not exceed ten years of imprisonment. Particularly serious crimes are intentional acts, the commission of which is punishable by this Code in the form of imprisonment for a term of over ten years or a more severe punishment. Taking into account the actual circumstances of the crime and the degree of its public danger, the court has the right, in the presence of mitigating circumstances and in the absence of aggravating circumstances, to change the category of the crime to a less serious one, but not more than one category of crime, provided that for committing the crime specified in part three of this article, the convicted person is sentenced to a sentence not exceeding three years of imprisonment, or another more lenient punishment; for committing a crime specified in part four of this article, the convicted person is sentenced to a punishment not exceeding five years of imprisonment, or another more lenient punishment; for committing a crime specified in part five of this article, the convicted person is sentenced to a punishment not exceeding seven years of imprisonment. According to Article 50 of the Criminal Code, correctional labor is assigned to a convicted person who has a main place of work, as well as to those who do not have one. A convicted person who has a main place of work serves correctional labor at his main place of work. A convict who does not have a main place of work serves correctional labor in places determined by local government bodies in agreement with penal inspections, but in the area of the convict’s place of residence. Correctional labor is established for a period of two months to two years. From the salary of a person sentenced to correctional labor, deductions are made to the state income in the amount established by a court verdict, ranging from five to twenty percent. In case of malicious evasion of a convicted person from serving correctional labor, the court may replace the unserved sentence with forced labor or imprisonment at the rate of one day of forced labor or one day of imprisonment for three days of correctional labor. Correctional labor is not assigned to persons recognized as disabled people of the first group, pregnant women, women with children under three years of age, military personnel undergoing military service on conscription, as well as military personnel undergoing military service under a contract in military positions of privates and sergeants, if at the time of the court’s verdict, they had not served the statutory period of conscription service. According to Article 53.1 of the Criminal Code, forced labor is used as an alternative to imprisonment in cases provided for by the relevant articles of the Special Part of this Code, for committing a crime of minor or medium gravity or for committing a serious crime for the first time. If, having imposed a sentence of imprisonment, the court comes to the conclusion that it is possible for the convicted person to be corrected without actually serving the sentence in prison, it decides to replace the sentence of imprisonment with forced labor for the convicted person. When a court imposes a sentence of imprisonment for a term of more than five years, with the exception of cases where the punishment of imprisonment is replaced by forced labor in accordance with Article 80 of this Code, forced labor is not applied. Forced labor consists of engaging a convicted person to work in places determined by institutions and bodies of the penal system. Forced labor is imposed for a period of two months to five years, with the exception of cases of replacement of punishment in the form of imprisonment with forced labor in accordance with Article 80 of this Code. From the salary of a person sentenced to forced labor, deductions are made to the state's income, transferred to the account of the relevant territorial body of the penal system, in the amount established by a court verdict, and in the range from five to twenty percent. If a convicted person evades serving forced labor or a person sentenced to forced labor is recognized as a malicious violator of the order and conditions of serving forced labor, the unserved part of the sentence is replaced by imprisonment at the rate of one day of imprisonment for one day of forced labor. Forced labor is not assigned to minors, persons recognized as disabled people of the first or second group, pregnant women, women with children under three years of age, women who have reached the age of fifty-five, men who have reached the age of sixty, as well as military personnel. Thus, amendments have recently been made regarding the replacement of imprisonment with forced labor. Forced labor involves a person living in a special center and working in places determined by the penal inspection. Correctional labor is served at the convict’s place of work and represents a monthly deduction to the budget of part of the convict’s income.
Sincerely, lawyer Zakhar Lebedev, partner of the law firm Antonov and Partners.
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Execution problems
The main problem with the execution of punishment in the form of forced labor is the inability to track whether a person is being corrected or not.
Very often in such brigades there is hazing and when some do their work, others brazenly take advantage of this and try to command the rest.
Another problem with the use of forced labor is disobedience. Foremen are not always able to cope with convicts, and these supervisors themselves do not always try to rein in quarrelsome workers.
How is it different from compulsory and correctional labor?
Correctional and compulsory labor are assigned for completely different categories of crimes.
Such punishments are not mandatory, they do not require wages and they do not have such a strict schedule, although such punishments are also supervised by criminal executive inspectorates.
Correctional and compulsory labor are more aimed at correcting citizens; the essence of forced labor, in addition to correction, is aimed at punishing the convicted person to some extent.
Also, these punishments vary in duration.
Executive and compulsory works are not assigned for a period exceeding more than nine months.
How does punishment happen?
The procedure for performing forced labor is carried out in several steps. The very first of these is the definition of a correctional institution.
If there is no such facility in the region where the convict lives, then any other correctional institution is selected that has suitable conditions for the prisoner to work.
The next step is to find a hostel if the convicted person is sent to another city. He will have to start work immediately after registration.
All prisoners sent to forced labor are required to comply with the following rules:
- strictly adhere to the established internal rules;
- accurately fulfill assigned work responsibilities;
- do not leave the territory of the correctional institution without special permission at night, weekends and holidays;
- always have a document confirming your identity with you;
- take part in the improvement of the center building and the surrounding area (up to 2 hours a week).
How often are they used in practice?
Forced labor is not used in practice as much as desired.
Not all municipalities have such inspections, so it is worth keeping in mind that it is easier for judges to impose imprisonment on a citizen than to take the convicted person to the place where he is serving forced labor.
Also, due to the fact that forced labor is assigned to a fairly narrow category of people, it is worth keeping in mind that judges do not always know how to apply this punishment, so they prefer not to deal with it.
