Definition
What are correctional institutions? These are specialized places where people sentenced to forced imprisonment by the court are kept. This measure can be imposed on the basis of articles of the Criminal Executive Code of the Russian Federation for acts of varying degrees of severity. Offenses carry varying degrees of danger to others.
In addition, those convicted of different types of crimes, from the mildest to the most serious, also differ from each other in their moral and psychological qualities. In this regard, there is a need to divide the perpetrators according to various criteria that reflect the antisocial sentiments of the criminal.
Types of correctional institutions: correctional system
The penal colony contains convicts who have reached the age of majority and are charged with committing an act of varying severity. Types of correctional institutions: educational and correctional institutions of general, strict and special regime, settlements, prisons, medical correctional institutions. They differ in terms of stay. As a rule, those convicted in one or another institution of this type are placed depending on how dangerous the offense was to society. But when assigning punishment, there are also certain nuances that can also affect the measure of restraint for those guilty of a particular crime.
General regime correctional colonies
These institutions house those who have committed serious crimes but have not previously been convicted. In addition, those who were convicted of less serious atrocities can also stay in such penal colonies if the court considered it impossible to correct such perpetrators under more lenient conditions. General mode is the most common. It applies to both women and men.
It should also be noted that both general and strict regime colonies also have a certain division inside, so a convicted person can serve his sentence in different conditions.
Comparative characteristics of detention conditions
Chapter 16 of the Penal Code of the Russian Federation establishes the peculiarities of serving sentences in various types of colonies, and also distinguishes between categories of criminals placed in one or another regime.
Colonial settlements
Colonial settlements involve the placement of those sentenced to serve a sentence of imprisonment by a court verdict in slightly limited conditions, but only in cases where this is possible:
- if a crime has been committed that is not dangerous or of average gravity;
- there was a crime with a reckless form of guilt;
- the convict was transferred to more lenient conditions of serving his sentence for good behavior.
In this case, there is no differentiation of conditions: everyone is on an equal footing.
There is no provision for separate detention of men and women, with the exception of accomplices of a crime.
If a crime includes several offenses, the court takes this into account and imposes punishment for the totality of crimes. For example, if a criminal attacked the victim, beat him and robbed him, the judge will determine the punishment under the articles for causing bodily harm and theft. By the way, in this article you can read how the concepts of theft, robbery and robbery are differentiated
Features of serving a sentence in such conditions are:
- lack of security (there is only the administration supervising convicts);
- free movement during the daytime within the territory of the settlement;
- travel outside the colony is possible, but only with the permission of the administration (to work, study);
- can use their own clothes, have valuables and money;
- unlimited number of dates, transfers and transfers;
- live in dormitories without bars on the windows.
If the convicted person has a family, then you can rent separate houses on the territory of the settlement where you can live with your family, but only by decision of the administration. In this case, you must appear at least 4 times a month for the check-in, and access to the home to representatives of the colony administration must be provided around the clock.
General mode
Here they serve their sentences:
- men convicted of a serious crime for the first time or those who have never previously served a sentence of imprisonment;
- women, including those with a relapse (repeated convictions to imprisonment).
The same categories of citizens as in the colony settlements, but who violated the regime of serving or who arrived here immediately by a court decision, can also be kept here.
Conditions within the general regime are divided into ordinary, light and strict. Initially, everyone is kept in ordinary conditions, but for special merits, after a certain time has elapsed from the moment of arrival at the correctional institution (six months), they can be transferred to a lighter position, and those who maliciously violate the order are repeatedly placed in a punishment cell - to strict conditions.
Strict regime
Important
Males who have committed a particularly serious crime, who have not previously served a sentence of imprisonment, and also in case of repeat crimes, are kept here. There is no strict regime for women.
Those who do not know what a strict regime in prison means and how it differs from the general regime should first pay attention to the category of criminals who come here by court verdict.
Here I also highlight general, strict and relaxed conditions of serving, the gradation of which corresponds to those available in the general regime. The difference between a strict regime and a general regime in this case lies in the period of detention in certain conditions: a general regime requires a 6-month period before a change towards improvement, and a strict regime - 9 months.
Special regime
A special regime of imprisonment involves keeping convicts in more difficult conditions than those previously described. Those who have committed a particularly dangerous relapse of crimes, those who have been sentenced to life imprisonment, as well as those who commit a crime while serving their sentence are serving their sentences in a special regime correctional facility. Here, too, the conditions of detention are different: strict, general and lightweight. The difference lies, again, in the timing of the transition to improved conditions. Here this time is 1 year.
Please note that in Russia there is a moratorium on the death penalty. All those who receive this punishment will have their imprisonment replaced with life imprisonment. Read more here https://lexconsult.online/8183-vopros-naznacheniya-nakazaniya-v-vide-lisheniya-zhizni-moratorii-na-smertnuyu-kazn-v-rf
Detention centers
They take on the role of correctional institutions in relation to certain categories of citizens, for example, those sentenced for the first time to a term of no more than 5 years in general regime colonies and, with their consent, left in a pre-trial detention center. In addition, they house those who were deprived of liberty for a period of no more than six months and left with their consent in a pre-trial detention center. Also here may be those who were transferred here from colonies (educational and correctional colonies) or from prison to participate in investigative actions as victims, witnesses and suspects.
We looked at the types of correctional institutions intended for men. It is worth noting that the purpose of the colony regime also depends on the gender of the perpetrator. The types of correctional institutions in which women stay are settlements, as well as general regime colonies. They contain perpetrators of all types of crimes.
Educational colonies contain juvenile offenders, as well as those who were left in such institutions until they reached the age of 19. They may have separate sections in which convicted persons who have reached the age of 18 while serving their sentence are placed.
Types of correctional institutions
One of the most severe and at the same time widespread types of criminal penalties provided for by criminal law is imprisonment, which is the forced isolation of the convicted person in correctional institutions specially designed for this purpose.
Correctional institutions are specialized bodies of the state that execute punishment in the form of imprisonment for a certain period and life imprisonment, which together form a system for serving a sentence of imprisonment.
Correctional institutions include:
- correctional colonies;
- educational colonies;
- prisons;
- medical correctional institutions.
Pre-trial detention centers perform the functions of correctional institutions in relation to convicts left to perform household maintenance work, as well as in relation to convicts sentenced for a term of not more than six months, left in a pre-trial detention center with their consent.
Correctional colonies are divided
into settlement colonies, general-regime correctional colonies, high-security correctional colonies, and special-regime correctional colonies.
Men are serving sentences of imprisonment:
- in colony settlements - persons convicted of crimes committed through negligence, as well as those sentenced to imprisonment for committing intentional crimes of minor and medium gravity, who have not previously served imprisonment. Taking into account the circumstances of the commission of the crime and the identity of the perpetrator, the court may assign the indicated persons to serve their sentences in general regime correctional colonies, indicating the reasons for the decision;
- in general regime correctional colonies - persons sentenced to imprisonment for the first time for committing serious crimes who have not previously served imprisonment;
- in strict regime correctional colonies - persons sentenced to imprisonment for committing especially serious crimes, who have not previously served imprisonment, as well as in cases of relapse or dangerous relapse of crimes, if the convicted person has served imprisonment;
- in special regime correctional colonies - persons sentenced to life imprisonment, convicts for whom the death penalty has been replaced by deprivation of liberty by way of pardon, as well as in cases of particularly dangerous recidivism of crimes;
- in prison - persons sentenced to imprisonment for committing especially serious crimes for a term of over five years, as well as in cases of especially dangerous recidivism of crimes.
Women are serving sentences of imprisonment:
- in colony settlements - persons convicted of crimes committed through negligence, as well as those sentenced to imprisonment for committing crimes of minor and medium gravity, who have not previously served imprisonment;
- in general regime correctional colonies - persons sentenced to imprisonment for committing serious and especially serious crimes, including any type of recidivism.
Minors serve their sentences in juvenile correctional facilities.
Thus, those sentenced to imprisonment serve their sentences in correctional institutions within the territory of the constituent entity of the Russian Federation in which they lived or were convicted.
Therapeutic IU
People with an open form of tuberculosis, drug addiction and alcoholism, are kept in medical correctional institutions. At the same time, they undergo outpatient therapy there. Persons with the same diagnoses, as well as those suffering from mental disorders, are confined to health care facilities. They perform the functions of correctional institutions in relation to convicts, but in addition to this, prisoners undergo treatment. Note that they can also create isolated areas in a certain way in the form of colony-settlements.
Article 74 of the Penal Code of the Russian Federation. Types of correctional institutions (current version)
1. Correctional institutions are correctional colonies, educational colonies, prisons, and medical correctional institutions. Pre-trial detention centers perform the functions of correctional institutions in relation to convicts left to perform housekeeping work, convicts in respect of whom a court verdict has entered into legal force and who are subject to referral to correctional institutions to serve their sentences, convicts transferred from one place of serving a sentence to another convicts left in a pre-trial detention center or transferred to a pre-trial detention center in the manner established by Article 77.1 of this Code, as well as in relation to convicts sentenced for a term of not more than six months, left in pre-trial detention centers with their consent.
2. Correctional colonies are intended for convicts who have reached the age of majority to serve imprisonment. They are divided into settlement colonies, general-regime correctional colonies, high-security correctional colonies, and special-regime correctional colonies. In correctional colonies, isolated areas with various types of regime can be created, as well as isolated areas that function as a prison. The procedure for the creation, operation and liquidation of these sites is determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties.
3. In settlement colonies, those sentenced to imprisonment for crimes committed through negligence, intentional crimes of minor and medium gravity, as well as convicts transferred from general and strict regime correctional colonies on the basis and in the manner established by paragraphs “c” and “d” of part two of Article 78 of this Code.
4. In general regime correctional colonies, convicted men, except those listed in parts five, six and seven of this article, as well as convicted women, serve their sentences.
5. Men who were sentenced to imprisonment for the first time for committing especially serious crimes serve their sentences in high-security correctional colonies; in case of relapse of crimes and dangerous relapse of crimes, if the convicted person has previously served imprisonment.
6. In special regime correctional colonies, convicted men with particularly dangerous recidivism of crimes, sentenced to life imprisonment, as well as convicts for whom the death penalty by way of pardon has been replaced by imprisonment for a certain term or life imprisonment serve their sentences.
7. Those sentenced to imprisonment for a term of more than five years for committing especially serious crimes, those sentenced to imprisonment for committing crimes provided for in Articles 205 - 205.5, 206, 208, 211, 220, 221, 277 - 279, 281 serve their sentences in prisons. , 317, 360, 361 of the Criminal Code of the Russian Federation, those convicted of particularly dangerous recidivism of crimes, as well as those convicted who are malicious violators of the established procedure for serving their sentences and transferred from correctional colonies.
8. Convicts specified in part two of Article 101 of this Code serve their sentences in medical correctional institutions and medical and preventive institutions. Treatment and preventive institutions perform the functions of correctional institutions in relation to the convicts in them. In medical correctional institutions and medical and preventive institutions, isolated areas may be created that function as colony settlements. The procedure for the creation, operation and liquidation of these sites is determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties.
9. Minors sentenced to imprisonment, as well as convicts left in educational colonies until they reach the age of 19, serve their sentences in educational colonies. In educational colonies, isolated areas may be created that function as general regime correctional colonies for the detention of convicts who have reached the age of 18 while serving their sentence. The procedure for the creation, operation and liquidation of these sites is determined by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of execution of criminal penalties.
What are the differences between colonies of different regimes?
The difference can be seen, first of all, in the contingent that inhabits the colony. A more stringent regime is prescribed for those who, as a rule, pose a greater danger to society. There is also a limit on monthly spending. So, for example, in a general regime colony, convicts are allowed to spend money per month in the amount of 3 minimum wages (on necessary items and food), in a maximum security institution (under normal conditions) - 2 minimum wages. In addition, there is a difference in permission for a certain number of dates. Under the general regime, it is possible to receive six short meetings or four long ones per year. In the case of a strict regime, three visits of each type are scheduled. The number of deliveries per year also varies: in the first case - 6 parcels and parcels, and in the second - 4 each.
Here we looked in detail at what types of colonies there are, the types of correctional institutions and their purpose. They all differ in conditions of detention. Convicts are sent to them to serve their sentences. The regime in which the perpetrators will be subject, as a rule, depends on the severity of the crime committed.
