In Russia, teenagers who are 14 years old can go to prison. But this is not a prison, but specialized correctional colonies with their own regime and their own rules. If minor citizens have not reformed, after reaching 18 years of age they are transferred to a regular prison.
In the Russian Criminal Code, Article No. 20 talks about the criminal liability of minors. Cases involving teenagers are considered very carefully, but people who work on them can also make mistakes. At the slightest suspicion of injustice committed in a criminal case in relation to a child, you should immediately contact experienced lawyers.
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At what age can one be imprisoned as a punishment?
It is generally accepted that a person can only be sent to prison if he or she is already an adult.
Actually this is not true. The court may apply imprisonment as a punishment from the age of 14 if a serious or especially serious crime has been committed, as well as a crime of average gravity with aggravating circumstances.
From the age of 14 you are not sent to prison where adult citizens are imprisoned. There are special correctional colonies for juvenile offenders, where they study, work, and try to become good citizens. In fact, these correctional institutions are not much different from colonies for adults.
If the prison term has not expired before the offender becomes an adult, he is transferred to an adult penitentiary. Which one depends on the severity of his article. So it can be a colony with a general regime, a light regime, a special one, or a strict one. They can also be sent to a colony-settlement, and this is the most loyal type of penitentiary institution.
Also, for juvenile offenders, a different system is used to determine the terms of imprisonment. They cannot have life imprisonment; for a serious crime the maximum sentence will be six years, and for a particularly serious crime ten years.
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For what crimes can a minor be imprisoned? This:
Deprivation of liberty of a minor is an extreme measure that the court can apply. In such cases, the mental state of the child, his environment, the moral and material situation in the family, and his characteristics are taken into account. The case will definitely be considered with the participation of the guardianship and trusteeship authority, a reference will be requested from the place of study and place of residence, and official representatives of the criminal will be involved.
What parts does the educational process of adolescents consist of?
Correction and education of juvenile offenders occurs throughout the entire time they are in the colony. At school they are given the necessary knowledge base, and an individual personality is formed in each of them. Very often psychologists come to talk with teenagers. They find a personal approach to each of them, try to delve into all the problems that happened, about their family situation, why they committed a crime, etc.
Often, various educational events are held in the colony , where bad deeds and their consequences are revealed to convicted minors, and all mistakes made are analyzed. During such conversations, an effort is made to develop in each child an understanding of where good is and where evil is. Events are organized for them to discuss fiction. Bad and good deeds are examined using deeper examples.
Until what age is one sent to prison?
Until how many years are they imprisoned? There is no rule of law that would say that from such and such an age a criminal is no longer sent to a penitentiary institution.
There is judicial practice according to which elderly people may no longer be sent to prison, since they will no longer serve the required sentence and cannot take care of themselves. But this is not a rule of law, it is only the provisions of judicial practice.
It goes without saying that if a serial maniac is caught when he is already over 70-80 years old, he will still be sent to a colony and, most likely, to life imprisonment. But a grandfather who steals some food from a store will not be sent to prison.
Differences between men's and women's children's prisons
Representatives of male and female genders are kept in different educational colonies. There are only 2 educational colonies for women in the country, and 21 for men .
Girls work in sewing shops and in the kitchen, while boys most often do other work intended for male hands - they work in workshops, assemble parts, plan and saw furniture.
Girls are allowed to take care of themselves, do makeup, different hairstyles, and paint their nails. In colonies for boys and girls, some subjects taught at school differ. But in general, the conditions of detention for men's children's colonies are not much different from women's.
What is your name and how old are you?
The average prisoner is a man: if you analyze court sentences, there are seven men for every woman convicted. Half of all inmates are between 30 and 49 years old. It turns out that the typical prisoner is about forty.
Demographics of prisoners in 2022. Judicial Department RFXLS, 150 KB
The names of the people who end up in the zone more often than others are unknown: no one keeps such statistics. But if you consider that the average Russian is called Alexander, and the most popular surname in the country is Smirnov, then we can assume that the typical prisoner has the same name.
The most popular surnames in Russia. Article in the journal “Medical Genetics”
Who are they for?
In juvenile detention centers, girls and boys are kept separately. There are only two women's colonies in Russia, and 21 men's colonies.
The court sends people to such colonies for committing crimes specified in a special part of the Criminal Code of the Russian Federation. In this case, they can be sent to a colony from the age of 14 if the court decides that the child’s living conditions and his environment are not conducive to his correction. Based on this, it will be recognized that a suspended sentence is inappropriate, but it is necessary to send him to an educational colony.
Where did he live and what did he do before his imprisonment?
According to judicial statistics, people often commit crimes in the same city or village where they live. Last year, residents of the Moscow region most often ended up behind bars—5% of all those who committed crimes in the country. The most criminal city in the Moscow region is Volokolamsk.
Before entering the zone, Alexander did not work anywhere. According to the Judicial Department, the majority of those convicted are officially unemployed. In official statistics they are called able-bodied without a permanent source of income.
all those who committed crimes in the country are residents of the Moscow region
Of the educational institutions the average prisoner most likely has only school under his belt. Perhaps he graduated from a vocational school or technical school: there are only 2 thousand more convicts who completed only 11 classes than those who have a secondary vocational education.
End of term
For colonies originally intended for teenagers, the issue of reaching adulthood before the end of the term is quite acute. This problem can be solved by one of two methods:
- Staying in an educational institution even after turning 18 years old.
- Transfer of a criminal from an educational colony to a more strict correctional colony.
The decision is made by the immediate head of the colony and the prosecutor leading the case. They are based on the following rules:
- A convicted teenager is left in a colony for one year until he turns 19;
- After turning 18, a violator can be transferred to a penitentiary if he constantly violates the established rules.
Such a transfer is carried out only on the basis of a court order. In the standard regime, criminals who have reached the age of 19 are sent by order of the chief to adult correctional colonies.
Why did you sit down?
According to the statistics of court sentences for the past year, most often Russians who violated the law were sentenced to imprisonment under Part 2 or 3 of Article 158 of the Criminal Code of the Russian Federation - this is theft, but with various aggravating circumstances:
Under what articles do Russian courts pass sentences? Judicial Department RFXLS, 138 KB
In April 2022, another crime was added to Part 3 of this article - theft from a bank account: those who steal money from bank cards are now tried under Article 158. Previously, this was considered "wire fraud" and the penalty was less than for theft.
The aggravating circumstances of a quarter of all thefts are “group of persons” and “state of intoxication.”
General information
As a rule, juvenile offenders who, having been convicted, have committed another intentional crime, end up in a correctional colony. Also, this measure of correctional punishment applies to those transferred from light or, conversely, strict regime.
It is important to understand that children often do not fully understand the consequences of their actions, following the path of trial and error. In the absence of parental control, this often leads to disastrous consequences - minors become criminals and end up in a colony.
In this case, not only punishment is necessary, but work to correct the child’s behavior. This is the main goal of educational colonies.
Where does he sit?
These are correctional colonies, colony-settlements - they have a softer regime, educational colonies for minors, prisons and pre-trial detention centers in which the accused and defendants are imprisoned. There are the largest number of correctional colonies - 705. They house 80% of all those sentenced to imprisonment. But there are only eight prisons in Russia, and there are approximately 1,200 people imprisoned there throughout the country. Therefore, it is wrong to say that all prisoners are “in prison”: the majority are in colonies.
those sentenced to imprisonment are in prison
A colony is a small village surrounded by a fence with barbed wire. Prisoners do not live in cells, but in barracks. Here, as a rule, the workshops where convicts work are located. Colonies are divided into three types depending on the conditions of punishment: general, strict and special regime colonies.
The simplest is the general mode. Those sent here for the first time for minor crimes, such as theft or fraud. A strict regime is for repeat offenders and those convicted of serious crimes: murder, rape. Repeat killers, as well as those sentenced to life imprisonment, are sent to a special regime colony. Alexander had no criminal record before, so he probably ended up in a general regime colony. There are 1,500-2,000 people in one at the same time.
Alexander is serving his sentence in the Krasnoyarsk Territory: this region has the most places for deprivation of liberty - two prisons, six settlement colonies and 13 correctional colonies.
Educational colony - what is it?
A modern teenage colony is the most common type of modern educational institutions in Russia. Until the beginning of 1997, such institutions were called labor colonies of various regimes or educational labor colonies. Their number was an order of magnitude lower than at present.
The rules for the correction of adolescents in institutions and their functioning are regulated by the 17th chapter of the modern Criminal Code.
Basic regimes of stay in a colony
According to the modern criminal and executive code, there are four main modes of implementing punishment for teenagers:
- Lightweight;
- Standard;
- Preferential;
- Strict.
What do you do in the colony?
The life of prisoners is strictly regulated: the daily routine is established by order of the Ministry of Justice and is approximately the same for all correctional institutions. Alexander’s morning begins with exercise and cleaning the beds. No more than half an hour is allowed for breakfast. Afterwards there is a morning check, during which representatives of the colony administration check whether everything is in place.
Then the teams go to work. In the afternoon there is a break for lunch. In the evening, after work, there’s more verification, dinner, educational activities and personal time before lights out. By law, prisoners must sleep at least eight hours.
Source
Punishment of teenagers and possible rewards
Directly depending on the teenager’s behavior and compliance with the rules, while serving his sentence, he may receive both punishment and special beneficial incentives from his superiors. This rule is enshrined in Articles 135 and 136 of the Penal Code.
If a juvenile offender behaves well, he will receive as a special reward or benefit:
- Transfer to more favorable conditions of stay for the colony.
- Attending interesting, educational cultural events and sports competitions. These could be events that happen outside. In this case, the prisoner must be accompanied by an employee of the institution.
- Providing the opportunity to go home early.
- You are allowed to leave the colony during the arrival of relatives.
In case of bad behavior and regular violation of rules, the following common sanctions are applied to a teenager:
- A reprimand that is recorded in the personal file;
- Placement in an isolation ward for some time;
- A fine in an amount not exceeding two minimum wages;
- Any leisure activity is prohibited.
If a teenager regularly violates the order and regime in a colony, he is transferred to tougher conditions by decision of the warden.
KS: A man cannot be subject to administrative arrest if his child is left unattended
The Constitutional Court published Determination No. 2375-O of October 15, 2022, which refused to accept for consideration a complaint against the application of punishment in the form of administrative arrest to a man raising a young child under the age of 14 years.
Grounds for filing a complaint with the Constitutional Court
According to the complaint (available from “AG”), on July 27, 2022, Vladimir Milov was detained in the studio of the YouTube channel “Navalny.Live” while he was broadcasting live from a rally dedicated to violations in the Moscow City Duma elections, then he was taken to police department of the Russian Ministry of Internal Affairs for the Danilovsky district of Moscow. On July 29, 2022, protocols on administrative offenses under Part 1 of Art. 19.3 Code of Administrative Offenses and Part 8 of Art. 20.2 of the Administrative Code, the sanctions of which provide for the possibility of imposing punishment in the form of administrative arrest.
When considering cases of administrative offenses by the Simonovsky District Court of Moscow, the defense of Vladimir Milov argued that administrative punishment in the form of administrative arrest could not be applied to him due to the presence of a young child. The court was presented with the birth certificate of his son, who was two years old at the time of the consideration of cases of administrative offenses. Referring to the constitutional principle of equality and Vladimir Milov’s right to respect for private life, the defense asked the court to apply Part 2 of Art. 3.9 of the Administrative Code in such a way as to guarantee an applicant who has a child under 14 years of age, on an equal basis with women in similar circumstances, the right not to incur administrative punishment in the form of administrative arrest.
By a court ruling dated July 29, 2022, Vladimir Milov was found guilty of committing an administrative offense under Part 8 of Art. 20.2 of the Administrative Code, he was sentenced to administrative arrest for 30 days. By the resolution of July 30, he was also found guilty of committing an administrative offense under Part 1 of Art. 19.3 of the Administrative Code, he was sentenced to administrative arrest for a period of 15 days. Moreover, when considering both cases, the court established the fact that he had a young child.
The decisions of the Simonovsky District Court were appealed to the Moscow City Court, but it came to the conclusion that the penalties imposed were fair. He noted that the case materials do not contain information that Milov belongs to the persons specified in Part 2 of Art. 3.9 Code of Administrative Offences. The second instance indicated that the court had not established any grounds provided for by law excluding the possibility of imposing a sentence on Vladimir Milov in the form of administrative arrest.
Arguments of the complaint
As a result of the decisions made, the complaint to the Constitutional Court notes, Vladimir Milov spent 30 days under administrative arrest, during which he was unable to communicate with his son, maintain a relationship with him and take care of him.
Guided by the constitutional principle of equality of rights and responsibilities of parents in caring for and raising children, he stated in the complaint that both parents of a child under the age of 14, regardless of gender, are in a similar position. Depending on the circumstances of a particular family’s life, parents equally and regardless of their gender can establish a full and deep relationship with the child, take care of him and participate in his life. In addition, family relationships develop between each of the parents individually and jointly and their child, which are equally subject to changes and restrictions in connection with the arrest of such a parent. In the Resolution in the case “Markin v. Russia”, the Grand Chamber of the ECHR is, and therefore, in a similar situation within the meaning of Art. 14 of the Convention. Therefore, for a difference in treatment to be legal, the difference must have a reasonable and justifiable basis.
Vladimir Milov considered that the difference in treatment provided for in Part 2 of Art. 3.9 of the Administrative Code, which determines the impossibility of imposing administrative arrest only on a mother raising a child under 14 years of age, is artificial, is not based on objective characteristics, is not objectively justified, justified and does not pursue constitutionally significant goals. “Such an exception, associated only with the gender of the parent, ignores the equally important role of the father in the life and upbringing of the child, his equal rights and responsibilities for caring for him. The distinction introduced by the contested legal provision is actually based on the false and stereotypical idea that in all families the primary function of caring for the child is and should be performed by the mother, and does not allow taking into account the real circumstances in which different families live in the Russian Federation,” it was noted in complaint.
The applicant noted that in Determination No. 195-O dated June 13, 2006 regarding the provisions of Part 2 of Art. 3.9 of the Code of Administrative Offenses, the Constitutional Court indicated: “such regulation established by the legislator on the basis of constitutionally significant goals and independent constitutionally protected values, the basis of which, in relation to the contested norm, is the state’s protection of the health and social well-being of the woman-mother (based on a combination of physiological, moral and psychological factors) , cannot be considered as violating any constitutional rights and freedoms of other categories of citizens not listed in Part 2 of Art. 3.9 Code of Administrative Offenses of the Russian Federation.”
At the same time, the Constitutional Court indicated that courts, when considering cases of administrative offenses, can choose alternative types of punishment in relation to fathers who independently raise children under the age of 14, to eliminate the situation in which such children are left without supervision and guardianship. According to the legal position of the Court, a man’s independent raising of a child under 14 years of age is a mitigating circumstance within the meaning of Art. 4.2 Code of Administrative Offences.
According to Vladimir Milov, the legal position of the Constitutional Court on the issue under consideration needs to be revised. Firstly, the Constitutional Court actually recognizes as justified an exception based on the traditional idea of the social role of women, which directly contradicts the approach of the ECtHR in the case “Markin v. Russia”. Secondly, although the Constitutional Court notes the possibility of applying alternative sanctions in relation to some fathers of children under 14 years of age, such regulation does not sufficiently compensate for the difference in treatment and does not eliminate unjustified inequalities arising solely in connection with the gender of the parent of a child under 14 years of age.
This does not provide for all men and women raising children under 14 years of age an equal right not to be punished in the form of administrative arrest, which entails a temporary inability to provide care and education, and maintain family life in the sense of Art. 8 of the Convention. Instead, Vladimir Milov pointed out, the Constitutional Court identifies a separate category of men - raising children under 14 years of age on their own (i.e., without a second parent), in respect of which the courts have not the obligation, but the right to apply an alternative sanction. “At the same time, this legal position of the Constitutional Court is similarly based on the idea of the secondary role of a man in raising a child and the need to take into account its significance only in the case where the man is in fact the only parent,” the complaint emphasizes.
The applicant asked to recognize Part 2 of Art. 3.9 of the Code of Administrative Offenses does not correspond to the Constitution to the extent that the specified legal provision, excluding the possibility of imposing administrative arrest on women with children under the age of 14 years, allows for the imposition of this type of punishment on men with children under the age of 14 years (i.e., those in similar situation).
The Constitutional Court found no grounds for considering the complaint
Refusing to accept the complaint for consideration, the Constitutional Court referred to Determination No. 195-O, in which it noted that the regulation contained in the Code of Administrative Offenses, aimed at differentiating measures of administrative responsibility for men and women, established by the legislator on the basis of constitutionally significant goals and independent constitutionally protected values, the basis of which in relation to Part 2 of Art. 3.9 of the Code is the state’s protection of the health and social well-being of the woman-mother (based on a combination of physiological, moral and psychological factors), which cannot be considered as violating any constitutional rights and freedoms of other categories of citizens not listed in this norm.
“The judge hearing the case is obliged to assess all the circumstances of the offense committed, impose a punishment based on the severity of the crime, the identity of the perpetrator and other circumstances, and by virtue of Part 2 of Art. 4.2 The Code of Administrative Offenses may recognize as mitigating circumstances not specified in this Code, including such as the father’s independent raising of children under the age of 14 years. At the same time, according to Art. 26.10 of the Code, the judge has the right to request any necessary information regarding the identity of the offender (his property, family, social status, health, etc.). If there is information and (or) relevant requests from the offender about the need to protect the rights and legitimate interests of his minor children, the judge must check this circumstance and take adequate measures to eliminate situations of leaving children without supervision and guardianship, which follows from the Constitution,” the Court explained.
In this regard, the Constitutional Court previously stated that from the current legal regulation it follows that, when resolving the issue of imposing administrative arrest on a man raising children under 14 years of age on his own, courts of general jurisdiction have the right and obligation to ensure an appropriate balance between the implementation of the goals of administrative punishment and protection rights and legitimate interests of the offender’s children. “The above legal position also applies to cases when a man who has a child under the age of 14, although he is raising him together with the mother of this child, but in a specific life situation, which was declared in court in a case of an administrative offense, if there are appropriate circumstances, duly confirmed, sentencing such a man in the form of administrative arrest will lead to the child being left without parental supervision,” the definition emphasizes.
Meanwhile, the Constitutional Court noted, from the presented materials it follows that the applicant and his defense attorney in the course of proceedings in cases of administrative offenses presented only documents confirming the presence of a child under the age of 14 years. They did not provide any evidence that the application of administrative arrest to Vladimir Milov would entail leaving his child without parental supervision. Under such circumstances, the Court concluded, consideration of Vladimir Milov’s complaint about the violation of his constitutional rights, Part 2 of Art. 3.9 of the Code of Administrative Offenses would actually mean checking the contested norm in the manner of abstract normative control. Meanwhile, citizens are not included in the Constitution as subjects who have the right to challenge the constitutionality of normative acts in the manner of abstract normative control.
The applicant's lawyer on why it was important to accept the complaint for consideration
The applicant’s representative, lawyer of MCA “Verdict” Valentina Frolova, collaborating with “Apology of Protest,” noted with regret that the Constitutional Court did not dare to consider an important legal issue affecting tens of thousands of people across the country.
“The existing exception in the Code of Administrative Offenses, which prohibits the arrest of the mother of a child under 14 years of age, is correct and important. But we believe that it should apply equally to both parents, regardless of their gender. In the circumstances of a particular family, both parents are equally able to establish a full and meaningful relationship with the child, take care of him and participate in his life. Thus, from the point of view of the possibility of not being arrested, the difference in treatment cannot be justified by the need to protect the stereotypical gender roles that are attributed to one or another parent,” she said.
Valentina Frolova indicated that in 2006, in Determination No. 195-O, the Constitutional Court came to the conclusion that what was specified in Art. 3.9 of the Administrative Code, the exception is due to the need to protect the role of the “woman-mother”. She noted with regret that 14 years later, in the ruling in the case of Vladimir Milov, this position was not revised. “But it must be taken into account that a similar harmful gender stereotype is used to justify differential treatment in other areas that directly affect women's rights. For example, when regulating professions in which the use of women’s labor is prohibited, when restricting reproductive rights, etc.,” the lawyer emphasized.
At the same time, Valentina Frolova noted that in the ruling in the Milov case, the Constitutional Court took a small step forward: “In 2006, the Court extended the right not to be arrested to men who are the only parents of their children. In the ruling in the Milov case, the Court indicated that such an exception also applies to situations where a child has two parents, but if the father is arrested, he will be left “without parental supervision.”
“Although this gives the defense greater opportunities to justify the undesirability of administrative arrest against men, there are two negative factors. Firstly, fathers in each specific case will have to prove that the significance of their daily presence in the lives of their children is so high that administrative arrest cannot be applied to them. Secondly, the court will, at its own discretion, decide whether the situation in a particular case corresponds to the exception specified by the Constitutional Court. We will soon find out how this will affect practice. But it is important to take into account that even today, in the presence of alternative sanctions, courts apply administrative arrest to fathers. Therefore, a real solution to this problem can only be the extension of an important exception to all parents of children under 14 years of age, regardless of their gender,” summed up Valentina Frolova.
Conditions
The conditions are:
- Are common;
- Preferential.
Are common
When a teenager enters a colony, he is placed in general conditions. In this case, the teenager:
- Lives in a barracks with other prisoners;
- Participates in formations and movements around the territory of the colony together with other prisoners in an established routine;
- He is under the supervision of colony workers.
If for a certain period the teenager does not have any violations of the regime, and also studies and works well, then he can be transferred to easier conditions. Specifically for this you need:
- First-time convicts must serve three months of imprisonment;
- Repeat offenders for at least six months;
- For girls, three months is enough even in case of relapse.
Preferential
Another step in easing the detention regime is preferential conditions. If the teenager, after being transferred to lighter conditions, continues to comply with the requirements and does not allow their violations.
Preferential conditions are a kind of degree of trust of the colony administration in the prisoner. In this case, he can stay outside the walls of the colony and gradually become accustomed to life in freedom.
At the same time, the period of compliance with the regime, after which they can be transferred to preferential conditions of detention, is not specifically defined. Usually it corresponds to that in the case of a transfer from general to simplified conditions.
How long can a minor be imprisoned?
A friend of mine has a minor son going on trial for robbery. His parents are at a loss, trying to find out what awaits him - they will send him to a colony or give him a suspended sentence.
And, if sent, then in what conditions will he have to live? I, as a practicing lawyer, described to my parents all the “prospects” for convicting the young man. I am ready to share my knowledge with you. Study my article.
Here you will get answers to questions such as:
- At what age can a person be sent to prison?
- What is a colony?
- What modes of serving sentences exist?
- What crimes can a teenager be imprisoned for?
- How do juvenile criminals live in colonies?
What does the legislation say?
Juvenile offenders in modern practice around the world represent a special type of subjects of legal relations. Due to their behavioral, general moral, and also intellectual failure, adolescents are not able to realize the actions they are performing.
For this reason, special institutions have been created for this category of people in the modern correctional state system.
Criminals under 18 years of age are not sent to prison in the usual sense of the word. They are sent to specialized colonies.
Any colony for teenagers does not belong to the category of punitive, but only correctional. This approach creates a special basis for the effective correction of minors, protecting them from future problems and violations of the law.
At what age are teenagers imprisoned?
According to established rules, teenagers under 18 years of age are sent to children's colonies. In Russia, criminal liability applies from the age of 16. However, this factor does not mean that teenagers 14 years of age and younger cannot be sent to prison for a crime.
Children of this age category are held accountable by law for crimes such as:
- Killing a person.
- Aggravated theft and robbery.
- Sale and storage of narcotic substances.
- All forms of terrorism with grave consequences.
- Car theft.
Judicial practice shows that modern courts do not impose penalties on teenagers that involve actual imprisonment. For violations of mild and moderate severity, a suspended sentence is imposed.
Sentence to a colony for juvenile offenders is only possible in the presence of various aggravating circumstances, as well as if the teenager poses a significant danger to society.
Educational colony - what is it?
A modern teenage colony is the most common type of modern educational institutions in Russia. Until the beginning of 1997, such institutions were called labor colonies of various regimes or educational labor colonies. Their number was an order of magnitude lower than at present.
The rules for the correction of adolescents in institutions and their functioning are regulated by the 17th chapter of the modern Criminal Code.
Basic regimes of stay in a colony
According to the modern criminal and executive code, there are four main modes of implementing punishment for teenagers:
Juvenile offenders who commit a crime for the first time are placed in a colony strictly under normal conditions. If the violator does not violate the regime and rules of stay during three months of official stay in the colony, he is automatically transferred to a more loyal regime.
If a criminal is constantly observed to have violations, if he periodically conflicts with those around him, he is automatically transferred to a strict regime. Just before his release and the end of his sentence, the offender is sent to a more loyal preferential treatment.
A detailed list of grounds for redirecting a convicted person from a previously established regime to another is prescribed in Article 132 of the Penal Code.
The main rules for keeping teenagers are also spelled out here. Here are the most basic conditions regarding the number of visits with family and friends:
- Standard conditions - 8 short visits and 4 long ones per year.
- Special facilitated conditions - 12 short and 4 longer meetings are allowed per year.
- Preferential conditions for stay – 6 long dates, the number of short ones is not limited.
- Strict conditions - 4 long meetings and 6 short ones.
Under all conditions, except strict ones, convicted teenagers spend a specified period of time in hostels. Under stricter conditions, violators who have not reached the age of majority live in special isolated premises.
Daily routine in the colony
The rules for staying in colonies and the internal regime are strictly regulated.
In any case, they are distinguished by more tolerant conditions of detention, in contrast to colonies that are used for adults. Teenage girls and boys who are sent to correctional colonies live separately. criminals in these colonies looks like this:
- Teenagers are attracted to work. At the same time, the number of hours per working day fully corresponds to age;
- The work consists of sewing, making furniture, cooking;
- It is mandatory to attend school classes in which the school curriculum is mastered;
- It is prohibited to work at night and on general weekends;
- Exactly half of the earnings received are automatically transferred to the personal bank accounts of the criminals;
- Getting up on a normal day is carried out as standard at 6 or 7 am;
- Any daily important event begins with construction.
Source: https://fabrikaklientov.ru/info/na-skolko-mogut-posadit-nesovershennoletnego/
What is an educational colony?
A correctional colony is one of the types of correctional institutions in the country . It serves a sentence of imprisonment for persons under the age of 18.
Until 1997, such colonies were called “labor colonies” or VTK “educational labor colonies.” Their number at that time was several times smaller than today.
The peculiarities of the functioning of educational colonies and the procedure for executing punishment in this type of correctional institution are enshrined in Chapter 17 of the Criminal Executive Code.
Modes of serving sentences
The Criminal Executive Code provides for several modes of execution of punishment by minors. This is a regular, preferential, light and strict regime.
By default, all convicts admitted to a colony for the first time are placed in normal conditions of detention.
If, within 3 months of being under normal conditions, the teenager does not violate the order, he is transferred to a light regime.
If, on the contrary, violations are repeatedly recorded for a teenager, he ends up in a punishment cell or has conflicts with cellmates, then he is transferred to a strict regime.
Before the end of their sentence, teenagers are transferred to a preferential regime of detention.
A complete list of grounds for transferring a convicted person from one regime to another is enshrined in Article 132 of the Penal Code of the Russian Federation.
So, those convicted who are serving their sentence under normal conditions are allowed to:
- spend 10,800 rubles per month on food and other needs;
- 8 short-term and 4 long-term dates per year.
When under lighter conditions, convicts have the right to:
- spend 11,400 rubles per month on food and other needs;
- 12 short-term dates and 4 long-term dates per year.
The preferential regime for keeping teenagers requires permission of the following nature:
- There are no restrictions on spending money;
- 6 long-term dates and an unlimited number of short-term dates per year.
Strict conditions are characterized by:
- 9,600 rubles per month for food and other needs;
- 6 short and 4 long dates per year.
Regular, preferential and simplified conditions for serving sentences require convicts to live in dormitories. Under strict conditions, convicts live in locked, isolated rooms.
Why are they sent to juvenile prison?
As a general rule, a children's colony for minors covers the detention of adolescents under 18 years of age. But for most crimes in our country, criminal liability begins at the age of 16.
However, this does not mean that children 14 years old or even younger cannot go to prison. Younger children may also be held accountable for particularly serious crimes.
You can end up in a children's prison for the following types of crimes:
- Murder;
- Robbery and theft;
- Storage and distribution of drugs;
- Terrorism;
- Car theft, etc.
Judicial practice in 2022 suggests that courts are trying not to impose punishment in the form of actual imprisonment against minors.
As a rule, teenagers are given a suspended sentence for crimes of light or moderate gravity..
The real term will be applied in the presence of aggravating circumstances, a great social danger of the child.
How do they live in educational colonies?
There are separate correctional facilities for minor girls and minor boys.
The internal regulations in such prisons are strictly regulated, but they have more lenient conditions of detention than in adult prisons.
The main characteristic features of keeping convicts in a colony are as follows:
- Children are involved in labor, but the number of working hours corresponds to the age of the convicted child. They are engaged in furniture making, sewing, cooking and other activities.
- Children are required to attend school classes, where they master the educational program.
- Children are prohibited from working at night and on weekends.
- 50% of the funds earned in the zone are transferred to the account of the convicted.
- We get up in the correctional colony at 6.30 in the morning and before each important lesson there is a formation.
- Minors have the right to receive correspondence education while serving their sentence.
The end of the period of stay in the colony
So, it is obvious that for children’s colonies there is an acute problem of convicts leaving the category of minors before the end of their sentence.
This problem can be solved in two ways:
- Remaining in an educational colony after reaching adulthood.
- Transfer of convicts from educational colonies to correctional colonies.
The decision to keep a teenager in a correctional colony is made jointly by the head of the colony and the prosecutor.
You can leave a convicted person in a correctional colony only for a year - until he reaches 19 years of age.
After reaching adulthood, a teenager is transferred to a correctional colony if he is negatively characterized. This transfer occurs only by court order.
All other convicts who have reached the age of 19 are transferred to continue serving their sentence in a correctional colony by decision of the head of the colony.
Incentives and punishments
Depending on the behavior of convicts within the walls of a correctional colony, children may receive various rewards or punishments from the authorities of the correctional institution. These legal actions are enshrined in Art. 135 and art. 136 of the Penal Code of the Russian Federation.
For good behavior in prison, teenagers can receive as a reward:
- Transfer to milder conditions of detention;
- Attending sports and cultural events in freedom, accompanied by a prison officer;
- You can leave the juvenile detention center early;
- The opportunity to leave the colony for a while, accompanied by relatives.
The following sanctions may be applied to a teenager for bad behavior:
- Issuing a reprimand;
- Locking up in an isolation ward;
- A fine of no more than 2 minimum wages;
- Prohibitions on leisure activities.
In addition, in case of systematic violations of order, the convicted person will most likely be transferred to more strict conditions of detention.
List of juvenile colonies
Today in Russia there are 24 educational colonies for minors. Of these, only 2 contain female criminals within their walls.
The detailed territorial list of colonies is presented as follows:
- Two colonies in the Moscow region;
- Two colonies in the Altai region;
- There is one colony each in Krasnodar, Krasnoyarsk and Primorsky territories;
- The colony for minor girls is located in the Belgorod region;
- In the Rostov, Samara, Ryazan, Voronezh and Volgograd regions there are colonies for boys;
- There are also children's colonies in the Oryol, Novosibirsk, Omsk, Orenburg, and Nizhny Novgorod regions.
As of 2022, there are about 1,700 people in juvenile detention centers . At the same time, most of them are kept in ordinary or easier conditions, which indicates that adolescents are actively embarking on the path of correction.
A juvenile colony is an educational institution that places special emphasis on the moral development of teenagers who have broken the law.
the purpose of such an institution is to re-educate difficult teenagers, explain to them the illegality of the offenses they have committed and the danger of a possible relapse into a criminal act.
Source: https://ugolovnyi-expert.com/koloniya-dlya-nesovershennoletnix/
Problems of such establishments
Of course, the declared goals of re-education of juvenile offenders are not always achieved. There are many problems associated with the work of children's educational colonies. Among them:
- The persistent antisocial behavior of some teenagers, due to which they cannot be included in their studies, and their behavior among other prisoners is associated with constant conflicts. Often such criminals negatively influence other prisoners, and in the future join the ranks of repeat offenders in adult colonies;
- After the maximum age at which one can stay in a juvenile colony was reduced from 21 to 19 years, the problem of low motivation of prisoners to comply with the regime arose. Because they understand the inevitability of ending up in adult prison and see no point in seeking reform;
- Also, due to changes in the maximum age for detention in a children's colony, opportunities to obtain a profession were limited. This had a negative impact on the education of prisoners.
Entertainment and relaxation
Each colony has its own club, where children participating in amateur performances perform concerts. There is also a library and games rooms. In the latter you can play educational games. You are also allowed to listen to the radio and watch TV at set times.
You can leave the colony by agreement of the administration with the colony employee or relatives to attend cultural events.
In case of health problems, prisoners can visit the medical center.
Transfer of products and things
The number of parcels and parcels for juvenile prisoners is unlimited, unlike for adult prisoners.
But each parcel is taken into account in a special document. This is done by the senior colony inspector. Also, when handing over the parcel, the relative signs two statements. One remains with him, and the second - in the colony.
Transfers are regulated by Ministry of Justice Order No. 311 of 2006.
There are a number of prohibited things that cannot be given or purchased to prisoners themselves:
- Weapon;
- Flammable and explosive substances;
- Valuables, including securities;
- Any piercing or cutting objects, including household items (razors, etc.);
- Alcohol;
- Playing cards;
- Optical instruments;
- Electrical household appliances;
- Means of communication and photo-video filming.