A day in a pre-trial detention center and a colony settlement: how to count?
The scheme for counting time spent in a pre-trial detention center depends only on what type of correctional institution the court assigns when imposing a sentence of imprisonment.
The most “preferential conditions” by law are provided to those convicts who are sent from the walls of the isolation ward to serve their sentences in a penal colony . In accordance with Part 3.1 of Article 72 of the Criminal Code of the Russian Federation, one day in a pre-trial detention center will be counted as two days of imprisonment .
The logic of the “preferential” credit for time spent in a pre-trial detention center is that in a detention center, which is essentially a closed prison, a person is in harsher and more cramped conditions than in a colony-settlement.
In practice, there were cases when citizens whose investigation and trial lasted for many months and even years, thanks to this law, were released without having time to get to the colony.
An important tool for an investigator: why pre-trial detention centers are not emptied
In Russia, there are eight types of preventive measures: from recognizance not to leave the place to detention. The less serious the crime the accused is charged with, the greater his chances of receiving a measure that will not be associated with imprisonment, says Dmitry Soldatkin, managing partner of the Soldatkin, Green and Partners MCA (SZP Law) of the Soldatkin, Green and Partners MCA ( SZP Law) Federal rating. group Family and inheritance law group Labor and migration law (including disputes) group Criminal law. The law provides that if the penalty does not exceed three years of imprisonment, then the person involved in such a case should be taken into custody only in exceptional cases. Nevertheless, investigators are trying to place the accused in a pre-trial detention center. At the beginning of this year, there were 99,722 people there. Of these, 9,625 are in the capital’s isolation wards. This is almost 11% higher than the established norm. The limit on the number of prisoners in Moscow pre-trial detention centers has been exceeded for the seventh year in a row.
How long can you be detained?
Current legislation provides that, as a general rule, an accused can be kept in custody during the investigation of a crime for no longer than two months. But this period of the Code of Criminal Procedure allows for extension.
- 2 months in custody. To extend this period, the investigator informs the court that he did not have time to complete the preliminary investigation.
- 6 months in custody. To extend this period, two conditions must be met at once. Firstly, the accused is accused of committing a serious or especially serious crime. Secondly, the investigator must indicate specific circumstances indicating the particular complexity of the criminal case.
- 12 months in custody. To extend this period, the accused must be in the category of especially serious crimes (murder, receiving a bribe on a large and especially large scale, extortion committed on a particularly large scale or committed by an organized group).
- 18 months in custody is the maximum period of custody at the preliminary investigation stage.
No later than a month before the maximum year and a half in the pretrial detention center expires, the investigator is obliged to provide the accused and his defense with the case materials for review. If law enforcement officers do not have time to do this, the prisoner must be immediately released. But at this stage, new tricks of the security forces begin. Firstly, the investigation can resume the preliminary investigation on far-fetched or pre-prepared grounds, says a former investigator of the Investigative Committee for especially important cases, and now a partner at the Law Office ZKS Law Office ZKS Federal Rating. Criminal Law group 16th place by revenue per lawyer (less than 30 lawyers) 41st place by revenue Company profile Alexey Novikov. Thus, at least three more months of the accused’s stay in the pre-trial detention center are virtually guaranteed.
Another option is to delay the procedure for familiarizing yourself with the case. The law does not indicate anywhere that the investigator at this stage is obliged to provide all the materials of the case at once. Sometimes this is impossible due to technical reasons, notes lawyer Knyazev and partners Knyazev and partners Federal Rating. group Criminal Law Company profile Artem Chekotkov: “And having met the deadline once established by law, the investigator can subsequently present volumes of the case to the accused in portions, one or two per week.”
Ex-investigator of the Ministry of Internal Affairs, lawyer Law Office "Thorn" Law Office "Thorn" Regional rating. Farhad Timoshin confirms this approach and explains it also by the fact that at the beginning of the familiarization the case is usually not sewn together and not numbered: “There are a couple of volumes that allow you to read 50–100 pages a day. And during this time, everything else is completed and completed in hindsight.” The process is dragging on, and the investigator asks the court to leave the accused in custody in order to “complete the familiarization of the accused and their defense attorneys in connection with the significant volume of materials in the criminal case.” In such cases, the court is obliged to find out why such a delay occurred and whether it was due to the ineffective work of the investigator (Resolution of the Plenum of the Supreme Court No. 41 of December 19, 2013 “On the practice of courts applying legislation on preventive measures in the form of detention custody, house arrest and bail"). But in practice, the courts do not actually check the validity of the security forces’ arguments, states Lyudmila Shchedrova from Feoktistov and partners Feoktistov and partners Federal Rating. Criminal Law group.
Another trick is to charge the arrested person with another charge, but more serious. Investigators accuse those who are accused of fraudulent charges of creating a criminal group (Article 210 of the Criminal Code), the lawyer gives an example. Thanks to this “artificial qualification,” the period of detention can be extended from one year to one and a half years.
The terms discussed relate only to the preliminary investigation stage. When the case is sent to court or returned to the prosecutor for further investigation, the period of detention begins to be calculated anew. Thus, the court can extend the arrest of the accused when the case is returned to the supervisory authority, even if he has been in jail for much longer than 18 months. Because of such regulation, a resident of the Moscow region, Sergei Makhin, spent more than five years in arrest: the court twice returned his case to the prosecutor’s office. The accused appealed to the Constitutional Court the provisions of the Criminal Procedure Code, which allow keeping a prisoner in a pre-trial detention center for an unlimited amount of time. But the Constitutional Court recognized such regulation as lawful, pointing only to the need to correct all errors in the investigation within a reasonable time.
In practice, the investigator often tries to place the accused in custody in order to put pressure on him if he does not admit his guilt, explains lawyer Zabeid and partners Zabeid and partners Federal Rating. Group Criminal Law Nikolay Yashin. The investigator in this case gives formal arguments, the expert says: “For example, that the person is not burdened with a family or is not officially employed, is accused of committing a serious / especially serious crime, and therefore can hide.” But such an approach looks outdated in the age of modern technology, says Vyacheslav Yablokov, managing partner of Yablokov and partners of Yablokov and partners of Regional Rating. group Tax consulting and disputes group Criminal law group Dispute resolution in courts of general jurisdiction: “When there are tracking bracelets, and the alarm goes off instantly, the accused only has to move 30-50 meters away from the place where he was placed under house arrest.” The lawyer agrees with his colleague and also claims that sending him to a detention center is a way to make a person more accommodating and encourage him to admit guilt; this method makes the work of law enforcement officers easier.
I don’t know of a single case where a person placed under house arrest escaped. There are rare cases when you were a few minutes late from a walk, violated the perimeter of the walk (went further than the established 2 km), or one of the persons on business came home. But I don’t know of any cases where someone would run away or threaten witnesses while under house arrest.
Vyacheslav Yablokov, managing partner of Yablokov and Partners
Condition of insulators
The main challenge behind bars is the unsatisfactory conditions in Russian detention centers. Complaints about this reach the ECHR every year. In 2012, the Strasbourg court in the case “Ananyev and others v. Russia” ordered Russia to urgently take measures to eliminate torture conditions in pre-trial detention centers. The court indicated that overcrowding in detention centers is due to the abuse of arrests as a preventive measure, and Russian prisoners do not have effective legal remedies. At the same time, prisoners from the capital’s detention centers also complain about similar violations. Thus, Sergei Karachentsev from St. Petersburg sued the ECHR for compensation for being kept in an overcrowded cell measuring 18 square meters for almost a year. m, where 10 prisoners were accommodated in eight sleeping places, although the standard area for one prisoner in a pre-trial detention center is at least 4 square meters. m.
According to Yashin, the arguments of complaints to the ECHR about conditions of detention in detention centers usually boil down to several points:
- overcrowding of cells, which is why you have to take turns sleeping;
- the presence of parasites (bugs, lice, cockroaches);
- the need to relieve yourself in the cell in full view of all the inmates;
- the presence of smokers and non-smokers in the same cell in the absence of ventilation;
- metal blinds on the windows that prevent sunlight from entering the cell.
The expert claims that conditions in the capital’s and Moscow region’s detention centers are gradually changing for the better: “One of the clients had a fenced-in toilet in his cell, and if there was overcrowding, it was temporary and for a couple of people.” Nevertheless, everything may depend on the specific cell, Yashin emphasizes: “Even within the same pre-trial detention center, conditions of detention may differ.”
It all depends on the region, the management of the institution, the occupancy of the isolation wards and many other factors. In some places an electronic queue has been introduced and is successfully functioning, in some places repairs have been made or a new pre-trial detention center has been opened, and there are others that do not require permission from an official to visit a client. But overcrowding in the pre-trial detention center, lack of full staff, and insufficient number of investigative rooms nullify all improvements. When the pre-trial detention center is overcrowded, the opportunity to sign up for the electronic queue sometimes arises once a week. The lack of a full staff of employees and their reluctance to work lead to the fact that the defendant has to wait for hours to be brought to the investigative office. Only an integrated approach in each such institution can change the current deplorable situation.
They are gradually trying to solve the problem of allowing lawyers to see their clients. For this purpose, an electronic queue is being introduced into pre-trial detention centers. But so far such a system operates only in 60 isolation centers, a third of which are located in the capital regions: Moscow, St. Petersburg, Moscow region and Leningrad region. But in most constituent entities of the Russian Federation, the situation with access to clients remains at a difficult level, Shchedrova states. Even in the capital, there is still an unwritten rule that a lawyer will not be allowed to see a client in a pre-trial detention center without permission from the investigator, says partner Koblev and partners Koblev and partners Federal Rating. Group Criminal Law Profile.
Change of measure, new norm
If it was not possible to avoid arrest initially, then it is worth trying to soften the measure of restraint in the future. Firstly, this can be done on formal grounds - when the stage of criminal proceedings changes. If all investigative steps have been completed and evidence has been collected, then the court has the right to come to the conclusion that it is unnecessary to continue to keep the person in custody, Shchedrova explains. It would be a good idea to involve the ombudsmen’s offices, the media and the public, Novikov recommends. But, according to him, it is much more effective to prevent an arrest than to later “turn back the state machine.” The second option is to change the measure of restraint on “subjective” grounds. This is possible when the prisoner admits guilt, actively cooperates with the investigation and exposes other accomplices.
House arrest: how to survive it as a businessman
Finally, the most successful scenario is that the arrest is canceled, since there is no evidence that the accused will interfere with the investigation, may escape or continue to engage in criminal activities, the lawyer says. Then the accused may be placed under house arrest, released on bail, personal guarantee or undertaking not to leave, or a new measure may be applied to him - a ban on certain actions (Article 105.1 of the Code of Criminal Procedure). It was introduced here last spring. Depending on the severity of the crime, the duration of such a measure is 1–3 years.
To prohibit some actions, the judge needs to immerse himself in as much detail as possible into the circumstances of a particular case. And in this case, it will not be possible to limit oneself to general phrases and references to the fact that the accused can threaten unspecified abstract persons, notes Chekotkov. But such a measure will contribute to an effective investigation, the expert is sure. According to Caselook, it is used mainly for persons involved in cases of theft or fraud.
At the same time, the introduction of a new preventive measure has worsened the situation of those who choose house arrest. According to the old rules, such prisoners were allowed to take walks in certain cases, but now the courts proceed from the fact that the ban on leaving the living quarters is absolute, notes Soldatkin. Since house arrest is used more often than a ban on certain actions, the introduction of Art. 105.1 of the Code of Criminal Procedure has worsened the situation of the prisoners, the lawyer states. The legislator’s flaw is also the fact that so far the time for which certain actions are prohibited does not count towards the final sentence, the expert emphasizes.
The role of the court and the legislator
The experts interviewed agree that the role of the court needs to be made more active when it comes to determining the preventive measure and its extension. It is the court that must stop situations where the investigator justifies the impossibility of completing the investigation solely with unfounded and sometimes false facts, Shchedrov draws attention. According to her, in the investigator’s petition to extend the period of detention, one can sometimes find assurances that the extension of the period is required to examine phonograms or video recordings, and this requires a lot of time. But then, already at the stage of familiarization with the case materials, it turns out that these actions were either never carried out by the investigator at all, or were carried out in a different period of time, says the lawyer.
Another bad practice that should be gotten rid of is the attempts of investigators to “circumvent” the legislative ban, according to which entrepreneurs cannot be sent to pre-trial detention centers. According to Shchedrova, the courts in such cases send businessmen to pre-trial detention centers, using the abstract formulation that “the acts incriminated against the accused cannot be regarded as directly related to legal business activities.” Although from the point of view of the Civil Code, these actions meet all the signs of entrepreneurial activity, the expert notes.
First, it is necessary to ensure compliance with the law already in force. There is no point in changing anything and introducing more and more new norms if they are not enforced anyway. Every effort must be made to eliminate a formal approach to the performance of their duties by officials.
Alexey Novikov, partner at ZKS AB
Khutov explains such harshness of the courts on the issue under discussion by the fact that judges are afraid to make soft decisions so as not to be suspected of bribery. Another reason is that judges do not always know the real conditions in Russian detention centers, Yablokov believes. To eliminate such a factor, he proposes to introduce mandatory visits to the pre-trial detention center at least once every three years for those judges who are on duty with arrest materials: “And not just walk around the yard, but visit the cell, see the life and way of life of a person, look at the conditions, to which people are sent by their decisions.” The lawyer is confident that such an innovation will be more effective than any explanations from the country's highest judicial body.
Our laws are excellent, and if they are observed, the pre-trial detention center can be relieved, but law enforcement is lame. Everyone nods at each other.
Farhad Timoshin, lawyer at Torn Law Firm
Another conceptual innovation could be the introduction of a system of mandatory criteria by which the social danger of a person and the crime charged to him will be assessed. This option is offered by lawyer, partner of Romanov & Partners Law Firm Romanov & Partners Law Firm Federal rating. Group Criminal Law Company Profile Matvey Protasov, who considers such criteria to be more objective than simply the severity of the crime.
What could be the criteria?
1) On the objective side of the act: the accused committed a violent or non-violent crime.
2) By motive and purpose: selfish, hooligan or for the purpose of defense.
3) According to the properties of the subject himself: whether he committed it for the first time or not, whether he has a tendency to violence, what characteristics he has.
The ban on imprisonment for “entrepreneurial” crimes is a special case of the application of this concept.
Another problem is that the current law does not provide for the possibility of combining restrictions for the accused. This leads to the fact that the investigator chooses the most favorable option for himself - detention, states Chekotkov. And ideally, according to him, it is necessary to construct from a mass of different prohibitions the optimal version of the security mechanism that is suitable for a specific situation. He cites the example of France, where an alternative to detention is the so-called institution of judicial control, which includes 16 options for restrictions. And the investigating judge can combine, change or cancel them at his own discretion.
- Alexey Malakhovsky
- criminal process
Enrollment of a pre-trial detention center during a sentence in a general regime penal colony
For those who go to serve a sentence in a general regime , the time spent in a pre-trial detention center is counted as a day and a half . The situation is similar with minors who will serve their sentences in educational colonies.
Example: a citizen is sentenced to 5 years of imprisonment in a general regime penal colony. At the time of his transfer to the colony, he spent 12 months in a pre-trial detention center. Thus, his actual time served is already 1 year 6 months
The decision to count the length of stay in a pre-trial detention center is made by the court when passing a sentence.
Duration of maintenance
According to Article 109 of the Criminal Code of the Russian Federation, the total period of detention of a suspect in a pre-trial detention center cannot exceed two months. If there is a suspicion of committing a serious crime or a particularly serious crime, the terms can be extended to 6-12 months.
However, there are exceptions to any rule, and therefore the deadlines may be extended if:
- New facts emerged during the investigation of the case.
- If you need to clarify the testimony.
- If it is necessary to conduct additional forensic, forensic, psychiatric, or forensic examinations.
- If special difficulties arise during the investigation of the case.
Please note that the period of stay in the pre-trial detention center is included in the total term of imprisonment, but only those days that the suspect spent in custody before the start of the trial.
How does a pre-trial detention center count toward a maximum security sentence?
For those who hope for a preferential credit for time in a pre-trial detention center when sent to a strict or special regime penal colony, we do not have the most optimistic news.
In accordance with Part 3.1 of Article 72 of the Criminal Code of the Russian Federation, the period of stay in a pre-trial detention center is counted towards the term of serving a sentence under strict and special regime day-by-day basis .
Many lawyers consider this state of affairs not very fair, however, this is the current law.
If you have questions for a lawyer about a specific situation, contact the online consultant on our website. It's free. Questions are accepted at any time of the day, seven days a week
How many times can the period of detention be extended?
Criminal procedural legislation allows the investigator to extend the period of detention in relation to an accused whose arrest period is expiring, but the investigation into the case has not yet been completed.
In accordance with Art. 108 of the Code of Criminal Procedure of the Russian Federation, the accused may initially be arrested for a period not exceeding 2 months . In the future, if the investigation of the case is delayed, the investigator may apply to the court with a request to extend the arrest period for a certain time. The grounds, terms and procedure for extension are regulated by Article 109 of the Code of Criminal Procedure of the Russian Federation.
The procedure for extending the arrest period is similar to choosing a preventive measure in the form of detention: the investigator prepares a petition in which he substantiates the reasons why the accused should continue to be kept in a pre-trial detention center and sends this petition to the court. The issue of extending the period of arrest is resolved at a court hearing with the participation of the accused, lawyer and prosecutor. An investigator may also be present in court.
In practice, the procedure for extending the term of arrest in Russian courts, in most cases, turns into an empty formality, since the courts extremely rarely release accused persons from pre-trial detention centers and almost always extend their terms of detention
As for the possible number of such extensions, it may vary, but the total time a person spends in a pre-trial detention center before trial cannot exceed the maximum period of detention. Read more about this in the next chapter.
An exception
Recalculation will not be applied if detention occurs for the following types of crimes:
- Terrorist act and assistance in terrorism.
- Public calls for terrorism.
- Participation in terrorist groups.
- Hostage taking.
- Storage and sale of drugs
- High treason, espionage.
Taking into account all of the above, we can draw the following conclusion: it is impossible to answer unequivocally the question of how long they are kept in a pre-trial detention center before trial. Although the legislation limits the terms of imprisonment, in practice the detention can be much longer than the permissible 12 months.
What does the new law provide? Last news
Innovations regarding serving time in a pre-trial detention center and recalculating days of punishment have been considered by deputies for more than 10 years. Fortunately, the president has already signed a new bill into law in 2022.
But why did the debate last for so long and why did legislators take so long to achieve amendments:
- Experts argued that the conditions in the pre-trial detention center are bad, even worse than in correctional institutions. In their opinion, people who are in a pre-trial detention center for an indefinite period of time are treated incorrectly, inhumanely, without taking into account the length of their stay in the pre-trial detention center in the general correctional period. The fact is that in pre-trial detention centers prisoners sit as if in a cage. They are prohibited from doing anything and are only entitled to a 1-hour walk per day.
- Some experts argue that investigations in numerous criminal cases related to the economic sphere are deliberately delayed, and investigators deliberately keep the accused in pre-trial detention for a maximum period of 1 year. With new amendments to the bill, investigators will finally stop delaying the process.
The amendments entered into force under Art. 72 of the Criminal Code of the Russian Federation are aimed at mitigating criminal legislation, since they imply a period of serving a sentence of 1 day in a pre-trial detention center = 1.5 days in a general regime colony, two days if we are talking about house arrest.
The previously established “day by day” rule no longer applies, but the innovations do not apply to those criminals who are serving sentences for serious and especially serious crimes.
In what cases is a year and a half in a pre-trial detention center not taken into account?
The law clearly states in which cases a year and a half is not taken into account, but a 1:1 ratio is taken:
- if a person has been convicted of a serious or especially serious crime;
- if the crime committed by the person is related to terrorist activities;
- if the convicted person has repeatedly committed crimes, that is, he is a repeat offender;
- if a person was convicted of a crime under Art. 228 for drug trafficking;
- if the perpetrator was convicted of theft and/or extortion of psychotropic and narcotic substances;
- if a charge of treason has been brought;
- if the accused was convicted of espionage - collecting, storing and stealing information for transfer to foreign states;
- if a charge was brought for committing an act of international terrorism - the person committed arson, explosion or other actions that endangered the life and health of people.
People who have been charged by a court with committing grave and especially grave crimes are not subject to the new amendments.
They will serve their sentences according to the old principle; they are not subject to the new law, which came into force on July 14, 2018.
Does the innovation apply to persons under house arrest?
Yes, it does . According to the innovations, a person in this case can count on a reduction in terms of imprisonment at the rate of: 2 days of house arrest for 1 day of detention or for 1 day of imprisonment.
Within what period must the provisions of the new law be implemented?
Article 2 of the amendments to the law states that the provisions of the new law should come into force:
- within 3 months from the date of signing the law in relation to those criminals who are in an educational colony and in a colony-settlement;
- within six months from the date of signing the law in relation to those criminals who are serving sentences in high-security colonies, as well as persons who have been sentenced by the court in the form of compulsory, corrective and forced labor. Also, the provisions come into force within 6 months for military personnel who are serving a sentence in a disciplinary military unit or in limited military service.
In 2022, amendments to Article 72 of the Criminal Code of the Russian Federation have already entered into effect . According to the latest data, the law has already been adopted and will come into force on July 14, 2018.
According to the new law, 1 day in a pre-trial detention center = 1.5 days in a general regime colony, as well as an educational colony.
How will the time served be recalculated?
The recalculation of the term will be carried out in court based on the defendant’s application.
Detention center in Russia
A pre-trial detention center (SIZO) is a place of detention for the following persons: suspects, defendants, convicts awaiting escort, and detainees.
Placing in a pre-trial detention center simplifies the task of the investigator and employees of investigative committees and the prosecutor's office:
- To collect evidence of the suspect’s involvement in the commission of a crime;
- To suppress possible crimes to conceal a crime: Escape from law enforcement officers;
- Forgery of documents, evidence, alibis and other evidence;
- Blackmail and threats to witnesses in the case, etc.
Stay in a pre-trial detention center is regulated by the following regulations:
- Constitution of the Russian Federation;
- Criminal Procedure Code of the Russian Federation;
- Federal Law “On the detention of suspects and accused of committing crimes”;
- Law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of imprisonment”;
- Internal regulations for the work of pre-trial detention centers;
- Additional Federal Laws.
As a rule, prosecutors and judges try to meet the investigator halfway and place the suspect in a pre-trial detention center if there are grounds to suspect him of committing a crime. And the employees of the Investigative Committee, in turn, find many arguments about the complexity of the case and the complexity of the investigation.
In essence, the suspect is deprived of his liberty until a judicial verdict or the capture of the person who actually committed the crime.
Stay in a pre-trial detention center is divided into three time periods:
- Before trial;
- Time of trial;
- Before the court verdict enters into legal force.
The activities of pre-trial detention centers are subordinate to the Federal Penitentiary Service of Russia.
Timing data
The official website of the Federal Penitentiary Service provides information on the characteristics of convicts by terms of imprisonment (punishment). 2017 in the field of crimes and places of deprivation of liberty can be characterized by the following figures:
- the most common term of imprisonment is over 5 to 10 years (172,268);
- further over 3 to 5 years (114208);
- over 1 to 3 years (100087);
- over 10 to 15 (61187);
- over 15 (29932);
- 1 year or up to 1 year (17467).
What is the number of people in MLS as of 2022?
As of January 1, 2022, there were approximately 630 thousand people in correctional colonies, prisons and pre-trial detention centers (how is a prison different from a colony?).
This number includes 523 thousand people in prison, as well as 107 thousand in a pre-trial detention center (pre-trial detention center).
These figures are now the lowest in the first century of the 21st century.
Chat on the Internet
Finding yourself in the new harsh atmosphere of the walls of the isolation ward, a person experiences strong psychological pressure. To stabilize the psyche, the support of loved ones is especially required.
With the development of modern technologies, relatives and friends of the convicted person can contact the prisoner much faster.
In 2022, you can find many services online, thanks to which you can send a letter to a pre-trial detention center via the Internet, but it is better to use the official websites of the Federal Penitentiary Service of the Russian Federation.
The rules for writing a letter to a pre-trial detention center are regulated in Order No. 205 of the Ministry of Justice of the Russian Federation, which states that correspondence must necessarily go through censorship, except for documents from the court and government agencies.
For correspondence, it is better to use the official resource provided by the Federal Penitentiary Service of the Russian Federation. They even developed a mobile version of this site, available for installation on a smartphone.
Advantages of correspondence via the Internet:
- speed and convenience of sending and receiving;
- accelerated review by the censor;
- the ability to compose a letter under different circumstances and in any place.
The censor can check the received letter immediately after sending . It simply deletes unwanted parts of the message without throwing out the entire letter. You can also attach photographs electronically.
The person under investigation can also respond via email . To do this, he writes a letter on plain paper and gives it to the censor, who scans it and sends it to the addressee’s email address. This service is paid, but its cost is affordable.
Since letters are strictly censored, you should not mention any information or details of the criminal case filed against the prisoner, because this is not always to his benefit.
For example, unscrupulous employees can transfer information to criminals for a monetary reward.
You should also know that the paperwork does not stop, and it is better not to provide information on this case, because the information may get to the investigator conducting the investigation.
What should not be included in letters:
- information about the persons involved in the case;
- facts concerning the actions of the convicted person that were not known to the investigation;
- your attitude to this criminal case;
- data on other types of communication with the prisoner;
- any ciphers;
- profanity or jargon;
- information about drugs or weapons;
- photos of an erotic nature;
- calls to disrupt the existing state. building.
When was the law published?
Already on July 3, 2022, a law amending Article 72 of the Criminal Code of the Russian Federation was posted on the official Internet portal www.pravo.gov.ru, which was adopted by the State Duma on June 21, 2018, and approved by the Federation Council on June 27, 2018.
According to this law, the following changes are introduced to Article 72:
- the time during which the accused is in custody before the court considers the case and makes a decision will now be counted towards the period of detention in a military unit with a ratio of 1:1.5, that is, one day to one and a half days;
- if we are talking about restriction of freedom, forced labor or arrest, then the ratio will be 1:2, that is, one day in two days;
- if it comes to correctional work, then the ratio is: 1:3.
How to transfer to a pre-trial detention center
Many people are very interested in the question of how to transfer a parcel to a pre-trial detention center, because a large number of suspects end up there.
Usually, people enter a pre-trial detention center with a minimum set of things, since no one prepares for imprisonment in this place in advance. It is the responsibility of relatives and friends to provide the prisoner with everything necessary.
Only a limited list of products and things can be transferred to the isolation ward. The weight restrictions of the parcels should be taken into account. For pre-trial detention centers, the maximum volume of transfers is 30 kg per month.
The following foods are prohibited:
- need to cook (cereals, fish, meat);
- packaged in vacuum containers (canned food, sausages, milk);
- have a shelf life of less than 3 days;
- must be stored at temperatures below +8°C.
In the parcel you can send:
- cigarettes, even if the prisoner does not smoke, as they serve as a kind of prison currency;
- loose leaf tea, goes to the common fund for cooking chifir;
- instant noodles;
- bouillon cubes, vegetable oil;
- salted lard, taken in a plastic bag;
- onion garlic;
- sugar, but not more than 2 kg, instead of it you can put honey in unlimited quantities;
- cookies, gingerbread;
- candies, preferably caramel, preferably without wrapper;
- dried fruits have beneficial properties and significant volume with minimal weight.
The transferred products undergo a thorough check - bread is cut into pieces, packs of cigarettes are opened, liquid is poured out, and bulk is poured out.
How to send a parcel
A parcel can be delivered to a prisoner in a pre-trial detention center in three ways:
- in person;
- through the pre-trial detention center store;
- through a specialized online store.
When applying in person, you must fill out an application indicating the following information:
- Full name of the addressee;
- Full name of the sender, address and degree of relationship with the arrested person;
- list of transferred products;
- date and signature.
After inspection by the responsible employee, his signature and date are placed on the parcel in the “Checked” column.
Also, most packages are sent through the in-house store or kiosk of the detention center, where everything needed is on sale. The advantage of this method is that all products have already been checked, and everything will reach the recipient safe and sound.
The sender must contact the financial department of the pre-trial detention center and write a statement in 3 copies , which indicates the full list of products to be transferred. After payment of the application, the transfer is made to the prisoner.
Sending necessary products through Internet services, which act as intermediaries between the sender and the pre-trial detention center, is also becoming popular.
For example, in the store https://www.sizo-mag.ru there are more than 130 types of candies alone.
The online store https://zakazperedachi.ru is also popular , which offers more than 500 types of goods allowed for transfer.
This is a fairly convenient delivery method, since relatives do not need to go on a long journey to carry out the transfer. To place an order, fill out the “Cart” and click on the “Place an order” button.
The main thing is to be responsible when filling out the data and not to make mistakes in the recipient’s full name and the name of the institution.