How is a sentence of correctional labor served?

The end of the trial ends with a verdict. If the guilty person is truly a criminal, then a preventive measure will be chosen for him. Crimes that do not pose a particular danger are usually punished more leniently.

Execution of punishment in the form of correctional labor is considered one of the most popular types of criminal sanctions. In this article we will look at how correctional labor is served, as well as the conditions of such punishment.

Correctional work. What is this?

With this type of sanctions, the employee is required to work at the place of his work activity. Part of the salary is withheld into the state budget. Control over the fulfillment of obligations is carried out by the criminal-executive inspection of the area in which the guilty person lives.

Execution of punishment in the form of correctional labor may be imposed:

1. Working criminals according to their place and their work activity.
2. Idle criminals. In this case, the place of work will be determined by the local administration. However, it must be located in the area where he lives.

This type of sanctions can last from two months to two years. For minor children - up to one year.

Execution of punishment in the form of corrective sanctions can only be imposed as the main measure. It can be used in the following cases:

• If this is provided for in the article.
• As a milder punishment.
• When replacing a fine.
• For unserved part of the prison term.
• As a more severe sanction for amnesty or pardon by the president of the country.

Correctional work may be assigned with a probationary period. If during this period there are no claims against the culprit, he will be released from them. This measure is applied exclusively by court verdict, and, as a result, entails a criminal record. You can pay it off after a year.

Replacement of punishment in case of evasion from serving correctional labor

The concept of malicious evasion from compulsory work is given in Art. 46 of the Penal Code of the Russian Federation.

When deciding whether evasion from serving correctional labor is malicious, courts need to check whether the warnings specified in Part 2 of Art. 46 of the Penal Code of the Russian Federation.

According to Part 4 of Art. 50 of the Criminal Code of the Russian Federation, in the case of a person’s malicious evasion from serving correctional labor, the court has the right to replace the unserved term of this type of punishment with forced labor or imprisonment for a term of less than two months (respectively, at the rate of one day of imprisonment or forced labor for three days of correctional labor). These provisions are applied by the court regardless of whether the punishment in the form of forced labor or imprisonment is provided for by the sanction of the article of the Special Part of the Criminal Code of the Russian Federation under which the punishment was imposed. At the same time, replacing correctional labor with deprivation of liberty is also allowed in relation to those convicted who, in accordance with Part 1 of Art. 56 of the Criminal Code of the Russian Federation cannot impose a sentence of imprisonment.

Where do the perpetrators serve their sentences?

If a citizen is officially employed, then he is punished at the place of his work, but with restrictions. Part of the salary will be withheld to the state budget. In addition, the vacation will be shorter, he will not be able to resign of his own free will, and so on.

If the culprit works unofficially, then he is considered unemployed.

If a citizen has found a job during the trial, he must provide the court with a certificate of official employment, which will be filed with the case file. If this is not done, the judge will not be able to determine the punishment at his place of work.

Place of work

In most cases, this type of sanctions is carried out at the main place of work of the culprit.

Expert opinion

Bikmaeva Elmira Fanovna

Arbitration manager with more than 10 years of experience

Persons without work will be sent to where the local administration determines. The main thing is that the work is located in the area where they live. Legislative acts do not have indicators on the basis of which the local administration can select facilities and places for serving a sentence.

When making this choice, the inspectorate takes into account the severity of the crime, the place of residence of the convicted person, his state of health, profession, etc. It is worth noting that the convicted person does not have the right to refuse the chosen place to serve his sentence.

To whom can this type of punishment be applied?

According to the analysis of judicial practice, it can be concluded that this type of punishment is more effective against persons who have their main place of work.
The legislator defines categories of persons in respect of whom correctional labor cannot be applied:

• persons with group 1 disabilities;
• women expecting a child;
• women with children under 3 years of age;
• persons called up for military service;
• undergoing military service under contract.

Recruitment

Here we will consider a situation where a convicted person is sent to an organization to serve a sanction.

After the guilty person has a conversation with a representative of the criminal correctional inspection, he will be given an order to visit the company to serve correctional labor.

It is worth noting that the company has every right to refuse such an employee. However, it is important to keep in mind that in the event of an unmotivated refusal, the inspection will file a complaint with the prosecutor's office.

Article number 64.2 of the Labor Code of the Russian Federation prohibits refusing to hire employees if there are no motivated justifications for this. When hiring a person for a position, it is important to pay attention to his business qualities. You can refuse only for reasons provided for by federal law.

The order slip must be filled out and handed over to the criminal correctional inspector. This coupon, as a rule, is passed on to the future employee, but the employer company itself can do this.

Then, when the culprit is employed, the inspectorate must send a notice to the company with a copy of the contract.

Confirmation of the notification must be given personally to the inspectorate employee. It is prohibited to do this through a convicted person. All control over the employment process and its further work throughout the entire period is carried out by the inspectorate.

In practice, the employment regulations look like this:

1. The Criminal Correctional Inspectorate issues an order to the culprit to report to the company to further serve his sentence.
2. The guilty person submits the order to the organization.
3. The company makes a decision on hiring or refuses it. Next, a tear-off coupon is filled out in order to submit it to the inspection.
4. If a company hires such an employee, the inspectorate sends it a notice with a copy of the court ruling. It indicates the terms of the sanction and the amount that must be withheld monthly from the convicted person’s salary.
5. The organization registers the guilty person for work. Next, fill out a confirmation for inspection in the tear-off notice slip. It indicates the position of the employee, as well as the order number.

3.4. Ban on dismissal

During the period of serving correctional labor, convicts are prohibited from leaving work at their own request without the appropriate permission from the Penitentiary Inspectorate in writing (Part 3 of Article 40 of the Penal Code of the Russian Federation). Permission to dismiss or refuse is issued by the Inspectorate after checking the validity of the reasons for dismissal (clause 77 of the Instructions).

For reference: if a citizen sentenced to correctional labor violates labor discipline, disciplinary measures provided for by the Labor Code of the Russian Federation are applied to him, of which the employer must immediately notify the supervisory inspection in writing. The notification method is by fax or e-mail, with the delivery of original documents.

Duration of work

The term of serving the sentence begins to be calculated as follows:

1. For persons with an official workplace - the date the employer received documentation from the inspection.
2. For persons who do not have an official job - the date of entry to work.

Expert opinion

Bikmaeva Elmira Fanovna

Arbitration manager with more than 10 years of experience

The period here is calculated in months and years during which the sentenced person worked, and a specific amount was withheld from his wages. It is extremely important here that in each month of the total sentence all days are worked out in full. If, due to various circumstances, the culprit was absent from work and there are no compelling reasons for this, then the punishment will continue until all days have been fully worked.

Punishment for evasion

Violation of the order of serving a sentence is considered:

• refusal to work;
• failure to appear for registration;
• absenteeism from work (if a person fails to go to work once for an unexcused reason, it is considered a gross violation);
• showing up at work while intoxicated (this could be drugs, alcohol, toxic substances).

If the listed violations are committed for the first time, the convicted person is notified in writing that if the violation is repeated, other types of punishment may be applied to him. The person must sign the notification.

Replacement with another type of punishment

The procedure goes like this:

1. The inspector issues a presentation listing the violations committed by the convicted person. Violations must be documented.
2. The person is introduced to this presentation, then it is sent to the court where the verdict was passed.
3. A review date is set.
4. The document is reviewed with the participation of the inspector, the convicted person and the prosecutor.
5. If there are sufficient grounds, correctional labor is replaced by imprisonment. The calculation is made as 1 day of deprivation for 3 days of correctional labor.

Salary deductions

According to the rules, convicted persons are also given wages for their work. However, from 5 to 20 percent will be withheld in favor of the state.

All deductions are made from the wages of the culprit at the place of official work for each month. It also takes into account not only cash, but also the in-kind form of the employee’s salary. All amounts withheld are transferred to the budget every month.

Important! The sentenced person or his employer has the authority to petition the court to reduce the amount of deductions due to the deterioration of his financial situation. If the sentence is overturned or changed, the excess money withheld must be returned to the person.

Every month, the employer is obliged to send to the inspectorate the number of days that the convicted person worked, the amount of his salary, and the amount to be withheld.

End of correctional work

On the last day of the punishment, the inspectorate sends a notice to the organization to stop deductions from his wages. If a convicted person is released from work for other reasons, the inspectorate must notify the organization about this no later than the next working day after receiving the necessary documentation.

In the future, an entry will be made in the work books of such persons indicating that the time worked during this period is not counted towards continuous work experience. This note must be made upon completion of the actual term of serving the sentence, which was established by the internal affairs bodies.

From what moment does the period of correctional labor begin to be calculated?

Hello, I was released from prison on December 8, 2022; on November 27, a trial took place, which changed my actual term of imprisonment by correctional labor for the remaining period of 1 year 8 months. 21 days, after leaving the colony, I was waiting for the documents from the court to arrive at the inspectorate so that I could be employed, on February 18, the inspector called me and said that the documents had arrived, can I reduce this period of waiting for documents with the help of a petition? correctional labor?

Lawyer Lebedev Z.S.

Good afternoon 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 42 of the Criminal Correctional Code, the period of correctional labor is calculated in months and years during which the convicted person worked and deductions were made from his wages. In each month of the established sentence, the number of days worked by the convicted person must be no less than the number of working days falling in that month. If the convicted person has not worked the specified number of days and there are no grounds established by this Code for counting unworked days toward the sentence, the serving of correctional labor continues until the convicted person has completed the required number of working days. The beginning of the term of serving correctional labor for a convict who does not have a main place of work is the day he goes to work, and for a convict who has a main place of work is the day the administration of the organization in which the convict works receives the relevant documents from the penal inspection. The time during which the convicted person did not work does not count towards the term of serving correctional labor. In cases of serious illness of the convicted person, which prevents him from serving his sentence, or he is recognized as a disabled person of the first group, the convicted person has the right to apply to the court with a petition to release him from further serving the sentence. If pregnancy occurs, a woman sentenced to correctional labor has the right to petition the court to defer her sentence from the date of granting maternity leave. The sentence for convicted persons working in organizations that use summary recording of working hours is calculated based on the duration of working hours for the accounting period, not exceeding the established number of working hours. Thus, the term of correctional labor is calculated from the day the convicted person goes to work. Changing this rule is not allowed.

Sincerely, lawyer Zakhar Lebedev, partner of the law firm Antonov and Partners.

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Employer Responsibilities

Employees of the HR department of the employing company must carry out the following actions during the allotted period of punishment:

1. Competent and timely deduction of part of the funds from the wages of the culprit. As well as transferring the amount to the state budget.
2. Monitoring the activities of the sentenced person, assistance in carrying out educational work.
3. Compliance with the conditions of serving the sentence.
4. Notification of the inspectorate about applied incentives and penalties, about evasion of imposed sanctions. And also about dismissal.
5. Preliminary notification of the inspectorate about the transfer of an employee to another position or about dismissal.

If an official of an organization maliciously violates a court order, he is punished as follows:

• A fine of up to 200,000 rubles or deduction from the convicted person’s income for one and a half years.
• A ban on engaging in specific activities or holding certain positions for a period of up to five years.
• Mandatory work up to 480 hours.
• Forced labor for up to two years.
• Arrest up to six months.
• Imprisonment for up to two years.

Inspections of the Criminal Executive Inspectorate

Control over the timeliness of deductions and transfers to the state budget is carried out by the criminal-executive inspection. They can additionally involve financial and tax services in this process. Inspections are carried out at least once every six months. If the sentence is less than six months, then at least once throughout the entire sentence.

The inspection is obliged to check:

• Correctness and timeliness of deduction and transfer of funds from the prisoner’s salary in favor of the state.
• Compliance of wage calculations with the actual wages of the convicted person.
• The duration of the employee's annual paid leave, agreed with his employer.
• Information about the reasons for missing work days.
• Information about violations committed by the convicted person, about sanctions and incentives for him, prompt receipt of this information from the employer.
• Information about the employee’s transfer to another position or his dismissal.
• Conducting an educational conversation by the employer, monitoring his behavior.

After verification, a special act is issued in two copies. One of them remains at the enterprise.

Distinctive features from other types of punishment

Commentary to Art. 50 Criminal Code

1. Correctional work involves: a) forced labor for a certain period; b) attracting to work persons who have a main place of work, as well as those who do not have one; c) departure to the main place of work or to places determined by local government bodies in agreement with the penal inspections in the area of ​​residence of the convicted person; d) withholding a certain share of the convict’s earnings as state income.

2. The beginning of the term of serving correctional labor is the day the convicted person goes to work. The time during which the convicted person did not work is not counted towards the term of serving correctional labor (Part 3 of Article 42 of the Penal Code of the Russian Federation).

3. 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 5 to 20%. Deductions are not made from benefits received by a convicted person in the order of social insurance and social security, from lump-sum payments, with the exception of monthly insurance payments for compulsory social insurance against industrial accidents and occupational diseases (Part 4 of Article 44 of the Penal Code of the Russian Federation).

4. The concept of malicious evasion from compulsory work is given in Art. 46 of the Penal Code of the Russian Federation.