Activities of criminal executive inspections for the execution of punishments

Many of us do not know what the criminal-executive inspection is - familiarity with this division of the Office of the Federal Penitentiary Service is always associated with a conviction in a criminal case. For this reason, the procedure for serving a sentence carried out by inspectors is unknown to law-abiding citizens. At the same time, respectable citizens may have relatives or acquaintances who once entered the law and probably very much regret it. For this audience, as well as for convicts who have been sentenced by the court to any punishment other than imprisonment, we will talk about the procedure for serving them, their rights and obligations, as well as the powers of the penitentiary indictment.

Criminal Enforcement Inspectorate (CII) – nature of work, powers

The Penitentiary Inspectorate supervises the execution of punishment not related to isolation from society. Thus, if a person is sentenced to imprisonment to be served in a colony, the sentence is sent to the pre-trial detention center where the convict is being held, after which the administration of the institution independently determines which city, region, or colony to send the person to serve the sentence.

If a sentence not related to deprivation of liberty is imposed, the verdict of the court (both magistrate and district, as well as after appeal consideration in regional courts) must be sent to the criminal executive inspection within three days from the date of entry into force for execution.

The Penitentiary Inspectorate supervises the serving of sentences in the form of:

probation;
compulsory work;
correctional labor;
restrictions on freedom;
a ban on engaging in certain activities or holding certain positions (the work of the inspectorate in this area is limited to monitoring the employment of the convicted person).

There may be several inspections in a city. Basically, they are divided into regions and districts. For example, in Moscow there are about 30 inspections, in Saratov - 7, in Kaluga - one department of the Criminal Investigation Inspectorate. The convicted person serves his sentence at his place of permanent residence, usually this address is indicated in the verdict, when announcing it the judge explains in detail what the convicted person needs to do and where to start. Thus, the procedure for serving a sentence always begins with a visit to the inspectorate, where a note about the visit is made, a personal file is opened, a questionnaire is filled out, passport details, etc. From this day onwards, the convicted person is considered to be “registered with the Penitentiary Inspectorate”.

The powers of inspectors in relation to registered citizens are quite extensive. The inspectorate can either encourage the convicted person or achieve through the court the replacement of a loyal punishment with imprisonment - the law allows this even in cases where the article of the Criminal Code of the Russian Federation did not provide for such a severe punishment.

Let's consider the nuances of serving different types of punishment and the corresponding powers of the Federal Penitentiary Service.

Complaint about the actions of the inspector

The actions of the commissioners may be appealed if there are grounds.

Among them:

forcing persons with illnesses (for example, disabilities) to work;
checking a citizen at night, unless the court has established a ban on leaving the home at this time;
control over the repayment of fines - supervision is within the powers of bailiffs;
refusal to accept applications, petitions, petitions;
disclosure of individual data.

The complaint is prepared on behalf of the offender serving his sentence. The request should be sent to the district prosecutor's office.

Question:

In what format should a complaint be made and what information should be included in its content?

Answer:

The complaint is prepared in an official business style, without erasures, corrections or inaccuracies in information data. The document includes a header that indicates the address of the prosecutor's office, information about the originator, type of punishment, and case number. The main part describes in detail and clearly the essence of the violations with reference to the provisions of the law. The final part indicates a request to verify the actions of a specific inspector (indicate the full name and address of the inspection). Additional requirements are to bring the perpetrators to disciplinary liability and cancel the contested actions. The document is certified with a date and personal signature. 30 days are allotted for consideration of the complaint.

Probation under the supervision of the Penal Inspectorate

Conditionally convicted persons are those who have been assigned a probationary period by the court, during which they must prove their correction and behave impeccably. If violations are recorded during the execution of the sentence, the inspectorate has the authority to initiate the issue of replacing the punishment with a real one.

The procedure for attracting a conditionally sentenced person to serve the following:

After receiving a copy of the verdict from the court, the inspector goes to the citizen’s residence address, gives him a notice to appear at the inspectorate for registration, and explains his rights and obligations.
On the day of appearance, the conditions for serving the sentence are explained to the convicted person; he signs this on a special form, which also contains a warning about the consequences of failure to comply with the order of serving.
The court may impose obligations on the convicted person (this is often used) in the form of:
- staying at home at night, indicating the time period (for example, from 10 pm to 6 am);
continue studying;
do not change your place of residence without permission from the inspectorate;
do not travel outside the city, region, etc.

These responsibilities can be defined either in aggregate (several at once) or one at a time. The convict is explained the conditions for complying with the prohibitions and is reminded that they can be either canceled (in part or all at once) or supplemented with new ones, depending on the behavior.

The convicted person is required to register at least once a month with the inspector supervising him. The days of attendance are determined individually, usually from the 1st to the 10th of each month. The inspector may oblige the convicted person to register 2 or 3 times a month - it all depends on the personality of the convicted person and the conclusions of the psychologist about the likelihood of him committing a repeat crime.
The job of an inspection psychologist (not all correctional institutions have such a position) consists of a conversation with a convicted person, based on the results of which his psychological portrait is drawn up, a conclusion is drawn about his propensity for criminal activity, recommendations for behavior are given, etc. These results are used by inspectors in their work.

The inspectorate checks the conditionally convicted person at his place of residence together with the local police officer (approximately once a quarter), controls his behavior by sending inquiries to the Information Center of the Internal Affairs Directorate in order to establish the facts of bringing him to administrative, criminal liability, conducts preventive work (takes an interest in the lifestyle, leisure of the convicted person, interviews neighbors, relatives, employers regarding the characteristics of a registered citizen).

During the probationary period, the convicted person is prohibited from:

1. ignore notices to appear - if you do not come to the inspection and hide from control, search measures will be taken. If it is not possible to establish the location of the convicted person, the inspector puts him first on the local and then on the federal wanted list - in this case, as in relation to accused persons hiding from investigation, a preventive measure will be chosen for up to 30 days until the issue of replacing the suspended sentence is decided real.

Example No. 1 . Solovyov A.K., convicted for the first time for a crime of medium gravity, the court sentenced him to 1 year of imprisonment with a probationary period of 2 years, that is, suspended. This means that if Solovyov behaves perfectly and complies with all obligations for 2 years from the date of entry into force of the sentence, then the punishment will be limited to this. Soloviev A.K. He stopped living at his place of residence, did not answer calls, hid from the inspection, and did not come when notified. He was detained as part of an announced search; the court sentenced him to 30 days of arrest before the punishment was replaced with a real one. During this time, the inspection sent a proposal to the court to cancel the suspended sentence, which was found to be justified, Soloviev A.K. went to a colony-settlement to serve 1 year of imprisonment.

2. commit violations of public order for which they were brought to administrative responsibility. If there are two such offenses in a calendar year, the inspectorate, as in the previous case, has the right to go to court with a similar request. If the convicted person has committed one offense, the conditional sentence cannot be immediately revoked - there will only be a written warning and, possibly, an extension of the probationary period (no more than 1 year), and the imposition of additional duties. These issues are also decided by the court on the initiative of the inspector.

Let us note that administrative offenses not related to violation of public order are not grounds for tightening the conditions for serving a sentence, extending the probationary period, etc. Only such actions of the convicted person are taken into account that were directed against society and were public (for example, drinking alcohol or appearing drunk in public places).

3. fail to comply with the obligations imposed by the court. After the first violation, the inspectorate is obliged to warn the convicted person in writing about the possible revocation of the suspended sentence, and after the second, send a request to the court to send the convicted person to prison.

Example No. 2 . Repin G.R. was sentenced to a suspended sentence for robbery. Repin committed a serious crime, but at the same time he compensated for the harm to the victim, admitted guilt, the court considered it possible to assign him a suspended sentence with the imposition of several responsibilities at once: do not change his place of residence, stay at home at night from 10 pm to 7 am, do not visit places mass recreation. The inspectorate checked Repin several times at his place of residence after 10 p.m., but Repin was not at the address; his relatives reported that he had left in an unknown direction. Repin was given a written warning, which he ignored and continued to violate his duties established by the court. Subsequently, the court replaced his suspended sentence with 2 years of imprisonment in a general regime correctional colony.

4. not commit a repeat crime - in this case, when a new sentence is pronounced, both punishments will be added together, the citizen will be sent to a colony.

Contacting the Federal Penitentiary Service

This problem has become relevant due to the fact that people cannot understand the legal acts that are required to contact this department. In the Russian Federation, everything is structured in such a way that in order to understand that you are right in any situation, you need to correctly understand the legislation. Most people look for answers to their questions on the Internet. I would like to note that not everything written there is true. With the passage of time, information may also become outdated. If a citizen needs to contact the Federal Penitentiary Service, it is worth obtaining preliminary advice from a lawyer.

There is also a reception area for the Federal Penitentiary Service. You can make an appointment and get up-to-date information by calling: (495) 983−85−68.

Appeals are also possible online, via a letter to the Federal Penitentiary Service. Before submitting your application, please note the following information:

The department’s website is only an additional source of information for citizens;
a letter sent with a complaint or claim will be considered in accordance with the procedure in force in the Russian Federation;
All details and data must be filled out correctly and accurately. In case of violation, the request will not be sent. The postal code and return address must also be indicated.

The Federal Penitentiary Service is one of the main bodies in the judicial system. The department performs one of the important and key roles and has sufficient resources and powers for its actions.

Inspectorate control over the serving of public (compulsory) works

In agreement with the city administration, organizations (mainly municipal) are annually determined where convicts are sent by the inspectorate to serve their sentences in the form of compulsory labor.

Registration of a convicted person, just as with a suspended sentence, begins with an explanation by the inspectorate of rights and responsibilities, determining the number of hours that the citizen will work (from 2 to 4 hours a day). An employee of the correctional institution issues an order to the convicted person, which indicates the date of the required appearance at the organization, address and telephone number. Control over the serving of this type of punishment is carried out by the inspector through on-site inspections, interviews with the employer or manager, telephone calls, and visits to the place of residence together with the district police officer.

When serving compulsory work, registered persons are prohibited from:

ignore notices of appearance, directions for service - then the convicted person will be considered not to have begun serving his sentence, which entails the subsequent abolition of compulsory labor and the determination by the court of another, more severe punishment;
come to work in a state of intoxication, truant (the administration of the organization immediately informs the inspectorate about such circumstances). If an employee of the Penitentiary Inspectorate establishes 2 or more violations within one month, a motion is sent to the court to replace compulsory labor with imprisonment (8 hours of unserved punishment is equal to one day of imprisonment in a colony).

It is noteworthy that those sentenced to this type of punishment have no obligation to prevent administrative offenses against public order - it turns out that the inspectorate has no right to replace the punishment for this. A corrections officer will have a preventative conversation with the offender, take an explanation, and nothing more.

Department staff

The number of personnel of the organization, which is financed from the budget of the Russian Federation, is 295,967 personnel. Of these, 225,284 people passed certification. There are fifty medical and rehabilitation centers, seven hospitals, seventy-five military medical commissions and three sanatoriums. To ensure the professionalism of employees, there are seven training institutions for higher education, one branch, three institutes for raising the level, two centers in the regions and nine centers of territorial bodies.

For the last 7 years (since 2012), the post of director in the leadership of the Federal Penitentiary Service of Russia has been held by Gennady Aleksandrovich Kornienko. The story of the previous boss, Alexander Alexandrovich Reimer, ended sadly. The former leader was sentenced in Moscow to 8 years in prison for embezzling several billion rubles.

Correctional work

Involving convicts in correctional labor is also the responsibility of the inspectorate, which informs the citizen of the need to appear and fill out a form and sign a subscription to explain the conditions of serving. A citizen who already has a permanent place of work can, with the consent of the inspectorate, serve his sentence there, that is, simply continue to work in his position and contribute part of his earnings to the state. The Criminal Enforcement Inspectorate monitors the employer to ensure that the amount to be withheld is correctly calculated. The organization's accounting department provides monthly receipts confirming the fact of deductions from the salary of the percentage established by the verdict (up to 20% of the monthly salary).

While serving a sentence, a convicted person is prohibited from:

hide from the inspection, ignore notices, fail to appear when called;
miss even one day of work without a good reason;
be late for work, commit other violations of labor discipline;
unreasonably refuse a certain version of the proposed work.

The inspectorate is obliged to monitor not only the absence of violations of the order and conditions of serving the sentence, but also the observance of the rights of the convicted person. Thus, those serving work are required to be provided with sick leave and vacation, as for ordinary citizens.