A day and a half for maximum security 2022

Rules for counting time spent in a pre-trial detention center: clarifications of the Supreme Court of the Russian Federation

Despite the fact that a moratorium on the death penalty has been introduced in the Russian Federation, the relevant articles have not been removed from the Criminal Code and Penal Code.

There are several points that explain why the amendments are significant for many parties to the litigation.

The law has nothing to do with persons whom the court sends to a general or strict regime colony.
In May 2016, the State Duma, or rather the committee, received recommendations to the “autumn” deputies to adopt this law as part of the second reading. We are talking about civil, procedural, criminal, and arbitration legislation.
The parole mechanism was terminated, so human rights activists were unable to work normally and demanded amendments.
The Committee of Ministers of the European Council has also made recommendations to move away from the “coefficient 1” to ensure greater protection of human rights.
Representatives of the fairer sex require more humane conditions to serve their sentences.
In a pre-trial detention center, conditions are considered more severe in contrast to colonies, because there a person is in a cell under lock and key and can only count on an hour’s walk a day. In the colony, in turn, the prisoner can study, work, and see his family.

This could be: petty theft or possession of a small amount of a narcotic substance (1-2 doses), causing minor bodily harm, death due to negligence or damage to property, etc.

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When imposing other types of punishments that do not involve imprisonment, the method of recount has also changed.

Preferential rates do not apply to certain categories of convicts, including those sent to maximum security colonies.

After the first reading, a list of articles of the Criminal Code was added to the bill, for which the term, regardless of the regime of the colony, will be taken into account at a one-to-one ratio: terrorism (205–205.5 of the Criminal Code), hostage-taking (parts 3 and 4 of Article 206 of the Criminal Code), aircraft hijacking , ship or train (part 4 of Article 211 of the Criminal Code), treason (275 of the Criminal Code), espionage (276 of the Criminal Code), international terrorism (361 of the Criminal Code).

As one of the grounds for incentives, it is proposed to determine prizes based on the results of participation in various kinds of “prison” competitions. In addition, active participation in competitions will be taken into account when assigning parole. The corresponding amendment is proposed in Art. 175 of the Penal Code of the Russian Federation.

In what cases is a year and a half in a pre-trial detention center not taken into account?

Not for all cases and not for all convicted persons the law provides for the opportunity to reduce the sentence due to the time already served in a pre-trial detention center.

The term in the isolation ward is counted as one day to one, for:

Convicted of grave and especially grave crimes.
Crimes related to terrorism.
Repeat offenders.
Drug trafficking crimes.
Violations of the law related to theft and extortion of psychotropic substances and drugs.
Convicted of high treason.
Spies who collected information to transfer to foreign countries.

As can be seen from this list, persons who have committed serious and especially serious crimes will not be able to recalculate the term. They will serve their sentence according to the old principle of calculating it.

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Recent and planned changes

From normal conditions, if there are no violations during the year, you can get into lighter conditions. Violators (for conflicts with the administration and other prisoners, the presence and production of a “ban” and other offenses) are transferred to a strict regime.

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Current legislative norms provide that a day in a pretrial detention center is equivalent to 1.5 days only in situations where the offender is given a suspended sentence or restriction of freedom as a punishment.

The law on the new rule for counting the period of stay in a pre-trial detention center was adopted in the summer of 2022, it was also given retroactive force. From that moment on, one day spent in a pre-trial detention center is equivalent to one and a half days in a disciplinary military unit; two days in case of restriction of freedom, forced labor and arrest; three days for correctional labor and restrictions on military service; eight hours of compulsory work.

House arrest is included in the term of serving

One of the preventive measures is the obligation to stay at the place where the person under investigation is registered.

It is used by persons who are suspected of acts of minor social danger, for which, as a rule, no punishment associated with staying in a colony is imposed. However, if the court has passed a sentence that specifies imprisonment as a punishment, then the term of house arrest affects the total time it will be served . In this case, 2 days of house arrest correspond to 1 day of stay in a colony.

A day and a half or a day and two - a new law on the length of detention in a pre-trial detention center

The amendments include a new basis for parole and immediate release from custody based on an electronic court document.

If I am transferred from a maximum security colony to forced labor, will the time spent in pre-trial detention be recalculated before arriving at the correctional facility?

We must pay tribute, our leaders finally decided to limit the appetites of businessmen who make money from food products and introduce a full-fledged GOST for food production. The law will provide for state regulation of the names and quantities of ingredients added to a particular product.

If I am transferred from a maximum security colony to forced labor, will the time spent in pre-trial detention be recalculated before arriving at the correctional facility?

The Russian Ministry of Justice proposes to count the day a convicted person goes to a colony under escort as two days in a general regime colony.

Terms and nuances of application of the law

Legislative changes affected not only people who are in pre-trial detention center before sentencing, but also those who are sentenced to house arrest. For them, two days of arrest will be equivalent to one day of imprisonment in a colony or other type of detention.

The law also determines the period for application of amendments to Article 72 of the Criminal Code of the Russian Federation. They came into force (from the moment the law was signed):

For 3 months for persons serving time in a penal colony and in an educational colony.
For six months for those sentenced to compulsory, forced and correctional labor. The same period is specified for convicted military personnel who received restrictions on their service or were sent to a disciplinary unit.

To use the possibility of recalculating the term, a statement from the convicted person is required, which he can submit directly during the court hearing.

New law on periods of detention in pre-trial detention centers: one and a half days or two days

From the above, it can be concluded that the rules for counting a day and a half will not be considered by the legislature regarding its application in a strict regime. There is one more practical example worth taking into account. So, the citizen committed a criminal act, and in the process he was taken into custody. It took representatives of law enforcement agencies a year to investigate the details, during which the culprit spent time in a pre-trial detention center. The court decided to imprison the offender for a year in a colony. According to the new rules, his sentence includes “an extra six months.”

Sometimes solitary confinement is used - at the request of convicts or by decision of the administration. Solitary confinement has a detrimental effect on the psyche: few people retain their sanity after several years of complete social isolation.

We want to create a universal system so that there is no history of us releasing amnesties for the same offenses every time. The situation turns out to be: we drag people there and then release them,” explained Krasheninnikov. He did not say what was the reason for returning to the discussion of the bill right now, limiting himself to a short speech.

It is also planned to apply a new type of incentive - granting the right to attend cultural, entertainment and sporting events outside the correctional colony to convicts serving a sentence in light conditions in a general or strict regime correctional colony, accompanied by employees of the Federal Penitentiary Service of Russia.

No amendments after Federal Law-186 of 07/03/2018, which became bill 73983-5, in Art. 72 of the Criminal Code of the Russian Federation has not been introduced, and legislators do not yet plan to return to this issue. Thus, there is no reason to think that a “day and a half” system will be introduced for a strict regime in 2022; the latest news on this topic does not indicate the development of relevant bills.

Good afternoon! Please tell me, I’m sitting in a general regime, in the SUS, I was in the EPKT for 2 years, 8 months in the PKT, and in a pre-trial detention center for 1 year and 2 months, can the amendments be applied to me in a day and a half, otherwise it’s not clear what the amendments say, on this occasion!

The government has approved a bill that will bring the norms of the Criminal Executive Code in line with the rule on counting time in a pre-trial detention center towards punishment in a criminal case.

A new procedure for calculating the duration of punishment is provided. So, a ratio of 1.5:1 or 2:1 is used.

What does the Criminal Code of the Russian Federation say about this?

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.

In particular, the changes do not apply to those serving a sentence in a maximum security colony, as well as to certain categories of crimes.

In addition, it is proposed to introduce a new type of incentive: convicts will be able to be released to concerts and stadiums outside the colonies. True, prisoners will only be released into the world accompanied by a citizen commander. However, this will not spoil the holiday.

The bill proposes to change the approach to the abolition of a suspended sentence when an intentional crime of moderate gravity is committed during the probationary period (Article 74 of the Criminal Code of the Russian Federation).

I am currently serving my sentence in PS No. 20 of the Petrovsky District (general regime colony), I have been here since September 4, 2019. Since before the announcement of the verdict in the period from 02/01/2019 I was held in custody in pre-trial detention center No. 1 as an accused, this term was credited to me one day for one day.

Firstly, the convict must find out that he has such a right (no one from the colony management is obliged to bring to his attention the existence of this right).

Currently, only organizations can attract convicts to work. However, according to the Federal Penitentiary Service, individual entrepreneurs regularly receive offers for vacancies for general workers, loaders, janitors and auxiliary workers. Meanwhile, the fact that the time a convicted person travels to a colony-settlement is counted towards the term of imprisonment on the basis of “one day for one day” was already stated in Part 3 of Art. 75.1 “Sending convicts to a colony-settlement” of the Criminal Executive Code of December 2008.

Minimum and maximum period value

Current legislation establishes that the period of detention in an isolation ward is more than 2 months. However, in the interests of the investigation and on the basis of a court decision, it can be extended for up to six months. In special cases, it is possible to keep a person in a pre-trial detention center for 18 months. It is impossible for a citizen to remain in a pre-trial detention center beyond this period. However, the minimum time of stay in the isolation ward is not specified. Thus, it can be one day.

In practice, it is theoretically quite difficult to determine the maximum credit for the time spent in a pre-trial detention center in the total term, since it can be 36 months, provided that the convict was in the pre-trial detention center for a year and a half, after which he was sent to a colony-settlement. However, in practice, persons who have committed crimes of minor gravity serve their sentences in the settlement, which excludes such a long stay in a pre-trial detention center.

As a rule, on average this period is 3-6 months.

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Features of bill 73983-5

Your request to re-offset the terms must be justified by reference to the norms of criminal and criminal procedural laws.

It is important to understand that if there are legal grounds, the court is obliged to grant the request for credit for a day and a half or a day for two in a pre-trial detention center!

At the moment, there are more than fifty special regime zones in Russia. However, only seven of them contain convicts sentenced to life imprisonment and potential death row prisoners. According to statistics, they contain about two thousand people. In accordance with Article 157 of the Penal Code of the Russian Federation, such prisoners must be kept separately from others.

The bill was submitted to the State Duma in June 2008. State Duma functionaries Ivan Melnikov and Pavel Krasheninnikov, who carried out work on analyzing bills remaining from previous convocations of the State Duma, began actively promoting the document in 2022. At that time, the bill was adopted in the first reading in 2015.

Convoy with preferential rate

For those already in correctional institutions, the sentence will not be increased (due to a reduction factor of 0.5 when counting the sentence of house arrest towards the sentence), since the current Criminal Code of the Russian Federation does not allow the conditions of citizens to worsen when new laws are adopted; the law has retroactive effect only if it improves their positions.

It is proposed to equate one day of transfer to one and a half days in prison or a strict or special regime correctional colony, or to two days in an educational colony, a general regime correctional colony or a settlement colony. If the application is denied, you can appeal the decision within 10 days from the date of receipt of the copy.