How to get a visit to relatives in a pre-trial detention center
Meetings of suspects and accused persons with relatives are carried out with the permission of the official or body responsible for conducting the criminal case.
To obtain permission to visit a person under investigation, you must submit an application addressed to the investigator (he may refuse in order to deprive a person who does not confess to a crime of moral support from loved ones), a judge (if the case has already been sent to court) or the head of the pre-trial detention center (if the guilty verdict has already been It entered into force). When making a decision on whether or not to allow a person to meet with the accused, the degree of relationship and age of the visitor will be taken into account (he must be an adult). a common-law wife/husband must provide documents proving that they live in the same living space. Proof may be a common registered address or a common bank account. In the absence of official confirmation, obtaining permission to meet with your common-law spouse will be difficult.
After receiving permission to visit, you need to seek a specific meeting. To do this, a request is submitted to the head of the pre-trial detention center, and a completed permit is attached to it. Next you will have to wait. In case of a large queue, the waiting period can last for months.
Representatives of the pre-trial detention center notify relatives in advance about the date of the scheduled meeting. The issued permit is valid for one meeting only. For each subsequent visit you will have to issue a new “pass”. No more than 2 adult visitors can be present at a meeting with a person under investigation at the same time . That is, it will not be possible for the whole family to come.
Conditions for receiving visits in places of detention
Firstly, it should be noted that permission to visit can be obtained by an official defender (lawyer or other person) after presenting identification, a representative in the European Court of Human Rights, relatives of the suspect or accused, other persons after receiving the appropriate permission, as well as a notary for registration power of attorney and other documents.
These issues are regulated by Art. 18 Federal Law “On the detention of suspects and accused of committing crimes.”
How many visits with relatives can a suspect or accused be allowed?
The law limits the number of visits in pre-trial detention centers. There should be no more than 2 per month. Each meeting lasts no more than 3 hours.
Practice shows that meetings with relatives last no more than 2 hours . Such short-term visits take place under the supervision of pre-trial detention center staff in rooms with a dividing partition.
The meeting is immediately terminated if the warden notices an attempt to transfer prohibited items or products to the accused.
Meetings with a lawyer are not limited in time and have a different format - communication takes place privately in a separate room without a partition. The law provides for confidential meetings with a defense lawyer.
At the same time, the detention center employee observes the suspect and his lawyer, but does not hear them.
The procedure for obtaining permission with a convicted person in a pre-trial detention center
Writing an application for permission to visit : written in the name of the person or body in charge of the criminal case (head of the detention center, judge, chairman, investigator).
The application must indicate the nature of the social connection with the suspect and ask for written permission to meet (up to 2 people). Sample application 2022.
Obtaining written permission : the document must be certified with an official seal and also contain information about the persons allowed to visit.
Remember that the investigator or other official has the right to refuse a meeting if he believes that such a meeting may interfere with establishing the truth in this criminal case. In this case, request a written response from the official indicating the reason for the refusal.
Come to the pre-trial detention center with written permission and a passport . Be prepared for the fact that you may be searched, that is, your bags and pockets may be checked.
As a rule, there are a lot of people who want to meet with loved ones, so it is recommended to make an appointment through the electronic queue website. If this is not possible, then recording is carried out through terminals installed in the pre-trial detention center.
If an official unreasonably refuses visits , then you should contact a lawyer who will help you understand this situation.
Visiting rules
Suspects and accused persons, on the basis of the written permission of the person or body in charge of the criminal case, may be granted no more than two visits per month with relatives and other persons, lasting up to three hours each. Permission is valid for one date only.
The written permission to visit, certified by the official seal, must indicate to whom and with what person it is permitted. No more than 2 people are allowed to meet suspects and accused persons at a time.
A convicted person in respect of whom the sentence has entered into legal force, but has not yet been executed, is granted a visit to relatives based on the permission of the presiding judge in a criminal case or the chairman of the court.
After the documents have been prepared by the investigator, relatives are strongly advised to personally verify the correctness of all the data specified in the permit.
If the filled-in data is inaccurate, the date will not be granted.
If any information is missing (for example, the name of the judge), a meeting will not be provided!
Who has the right to issue a permit?
Relatives and other persons can obtain permission to visit. Also, persons legally connected with the suspect or accused may apply for a meeting : a lawyer or a notary, to discuss the details of the case or draw up documents.
These issues are also regulated by Art. 18 Federal Law “On the detention of suspects and accused of committing crimes.” There is a limit on one-time visit: no more than two people. People under the influence of alcohol or drugs or without a passport are also not allowed.
Features of the procedure
For both short-term and long-term visits, permission must first be obtained. In general, you should be aware of the following features of the procedure:
- Write a statement addressed to the judge or investigator, that is, the person in charge.
- Receive written permission to receive a visit.
- Report to the penitentiary institution on the appointed date. In addition to the permit itself, you must have an identification document with you.
The visit may be refused. If an application for a long visit is rejected unlawfully, the person has the right to write a complaint or seek help from a lawyer.
Lawyers' answers (3)
When submitting an application for a short-term meeting with a convicted person, ALL persons who will be allowed on this meeting are included in this application.
Adults confirm their identity with passports, and minors with a birth certificate.
There are no exceptions for allowing persons not specified in the application to visit.
And if our case has been transferred to the prosecutor’s office, where should I go to get my child included in the permit?
14 August 2022, 14:32
Where can I get the form and do I need it?
The application form for a short-term visit can be obtained from the institution in which the prisoner’s case is located at the time of submission. You can also find a sample on the official website of the detention center.
Sample forms and applications for pre-trial detention centers and correctional colonies: how to fill out and where
Relatives of citizens held in a penal colony or pre-trial detention center often send them parcels or visit them for a visit. Marriages sometimes take place in FSIN institutions. For each action, from transfer to marriage procedure, it is necessary to submit a special application to the administration of this institution. The forms and content of applications sent to a pre-trial detention center or correctional facility are established by the internal documents of the penitentiary department. For the convenience of relatives of convicted persons, you can see a sample of filling out such applications and for filling out on our website.
Here are the actions that require drawing up a document:
- transfer of things;
- food transfer;
- date;
- Marriage registration;
- transfer to another pre-trial detention center or correctional facility;
- long date up to 3 days;
- obtaining a certificate confirming the presence of a relative in a pre-trial detention center or penal colony;
- transfer of a convicted citizen to serve his sentence at his place of registration.
Short-term date
An application for a short-term visit must contain:
- “hat”, indicating the name of the correctional institution and information about the applicant;
- the word "statement";
- a text requesting the opportunity to have a meeting with a citizen held in a penal colony or pre-trial detention center;
- date and signature.
Sample filling:
Long date
A relative or spouse of a prisoner has the right to visit him and stay in the territory of a pre-trial detention center or penal colony. To do this, it is also necessary to send an application to the administration of the institution with the following details;
- hat;
- the word "statement";
- a text requesting a date, which also indicates the degree of relationship and the fact that you are familiar with the rules that do not allow the transfer of unauthorized items.
Sample filling:
Transfer rules
Not all food and items can be given to a prisoner in a pre-trial detention center. Before registering a parcel, you should familiarize yourself in detail with the list of products and things permitted for transfer:
- bread and bakery products;
- lard, smoked sausage;
- hard and sausage cheese;
- tea, coffee, cocoa;
- sugar, sweets, chocolate;
- confectionery products with a long shelf life:
- crackers;
- drying;
- cookie.
- fresh fruits, dried fruits (except raisins) without seeds, vegetables that do not require cooking;
- Concentrated instant food products:
- noodles;
- puree;
- bouillon cubes;
- muesli;
- vegetable oil.
- soft drinks.
The total weight of one parcel should not exceed twenty kilograms. The weight of food parcels per month should not exceed thirty kilograms.
But there are exceptions here too:
- the weight of packages per month is not limited for minors;
- patients suffering from serious illnesses (with a medical report from a pre-trial detention center doctor);
- pregnant women;
- women with children under three years of age.
What is allowed to be transferred from products?
Restrictions on the lists of food products suitable for donation are not the whim of the detention center staff. On the contrary, these are safety measures, as well as the prevention of various food poisoning. Thus, products with a long shelf life can be accepted into the pre-trial detention center.
The standard set is:
- instant noodles;
- bouillon cubes;
- small-leaf black tea;
- cookies or gingerbread;
- raw smoked or smoked sausage;
- canned meat or fish;
- caramels and honey;
- butter;
- mashed potatoes or instant porridge;
- vegetables fruits;
- bread.
Even approved products are subject to careful testing, namely:
- bakery products are cut into pieces;
- liquid products are poured into replacement containers;
- canned food is opened and transferred to another container;
- fish, cheeses, lard, sausages and meat products are cut into pieces;
- bulk products are poured;
- packs of cigarettes and cigarettes are opened and broken;
- sweets are accepted without wrappers, cut into pieces, all other products that can be used to hide notes and other prohibited items in them are checked in the same way.
Read more about what products can be transferred to a pre-trial detention center in our article.
What things can you do?
In addition to food, you can give the prisoner some things necessary in local life. When collecting a clothing parcel, you should also start from the list of permitted items:
- matches;
- clothes without waist belts, suspenders and ties;
- headdress;
- shoes for the season (without arch supports, metal heels);
- tracksuit in one set;
- no more than four sets of underwear;
- socks, gloves or mittens;
- indoor or sports slippers;
- toiletries;
- pocket mirror;
- electric or mechanical razor;
- disposable safety razors;
- duffel bag or bag;
- glasses and plastic cases for glasses;
- crutches;
- wooden canes;
- dentures (with doctor's permission);
- electric boiler;
- washcloth or sponge;
- ballpoint pen;
- a simple pencil;
- writing paper;
- student notebooks;
- postal envelopes, postcards, postage stamps;
- toilet paper from the pre-trial detention center stall.
As for cigarettes, even if the prisoner does not smoke, it is better to hand over more of them, since this is the hardest currency in these places. Can help get rid of many problems. It is better to buy cigarettes at a special kiosk on the territory of the pre-trial detention center, otherwise the pack will be opened and the cigarettes will be broken in search of contraband.
You should not send medicines that have not been prescribed by a pre-trial detention center doctor in a food or clothing parcel; they won’t be given anyway; persuasion and arguments are pointless. It is also possible to donate books and religious items, photographs, and board games.
What is strictly prohibited?
There is a list of items and products prohibited from being transferred to a pre-trial detention center ; it is also better to carefully read it before you prepare the transfer:
- products that require heat treatment (except steaming);
- meat, fish or vegetables in vacuum packaging;
- perishable food;
- drugs and other psychotropic substances;
- products from which alcohol can be made (yeast, sugar in large quantities);
- weapons and things that can replace them;
- precious things;
- watch;
- cards;
- photo and video equipment;
- telephone;
- pornographic materials;
- uniform (including military);
- multi-colored pens or pencils;
- perfumery.
Writing algorithm
Typically, an application for a visit looks like this.
To the head of the FKU SIZO-1 of the Federal Penitentiary Service of Russia for the Tambov region (the name of the institution depends on the authority in which the case is located, in our case it is a SIZO) Lieutenant Colonel Ext. sl. Vinogradov A.S. (indicate the head of the institution in which the case is located) From Ivanov Petr Semenovich (full name of the applicant)
Living in Tambov, st. Central, no. 46, apt. 98. Tel. (applicant's address)
Passport details
68 12 394598 issued by the Federal Migration Service of Russia for the city of Tambov (passport details of the applicant)
APPLICATION FOR A DATE
Please provide me and my son Ivanov Vyacheslav Petrovich, born in 2007. (full name and year of birth of the second visitor, if he is a minor) short-term meeting with my brother (degree of relationship with the prisoner) convicted Fedor Semenovich Ivanov, 12/25/1978. (full name and date of birth)
On administrative liability under Art. 19.12 of the Code of the Russian Federation on Administrative Offenses, warning about liability for the transfer of prohibited items to persons held in penal institutions.
In addition, I have been warned about criminal liability for the illegal acquisition, storage, transportation and sale of narcotic drugs, psychotropic substances or their analogues under Art. 228-228.1 of the Criminal Code of the Russian Federation. Ivanov P.S. 12/12/2022
(Applicant's signature and date)
When submitting your application, be prepared that the appointment may be scheduled for another day. Therefore, nonresidents should take care of food and overnight accommodation in advance. Also, the wait for a date can be several hours . Not all institutions of this nature provide toilets for visitors, so try to take this into account in advance: do not drink a lot of liquid.
Who should I write to?
An application to a pre-trial detention center for a visit is written in the name of an official of the body in whose jurisdiction the criminal case is located. Such permission may be granted by:
- The investigator who is leading the case.
- Judge, if the case has already gone to trial.
- The head of the pre-trial detention center - in this case, after the court decision has been made.
In addition, an application for a visit will not be needed if the “guest” is an official defender. In this case, it will be enough to present your identification.
Lawyers' answers (2)
The written permission to visit, certified by the official seal, must indicate to whom and with what persons it is permitted. No more than two adults are allowed to meet with the suspect or accused at the same time.
To obtain permission, you must contact the investigator with a corresponding application.
Hello. You need to contact the investigator or the head of the investigative body, which is handling the criminal case against the person under investigation who is in a pre-trial detention center.
You can apply either orally or provide a statement or petition in which you can write a request for a meeting with the accused. The investigator or the head of the investigative body will need to issue you a written permission to visit, certified by an official seal.
to our lawyers - it’s much faster than looking for a solution.
Procedure for obtaining permission
As a rule, a sample application for a visit to a pre-trial detention center can be provided by a departmental person - an investigator, the head of a pre-trial detention center. But, the document can be prepared in advance; it looks something like this:
- The appeal is written to the responsible person - the head of the pre-trial detention center or the investigator. The header also indicates the full name and contact information of the person writing the application.
- In the body of the appeal, you must indicate the nature of the social connection with the detainee and ask for a visit.
- Date and signature.
If you intend to take on a date a person who has not reached the age of majority, then information about him must also be included in the application.
Please note that the investigator or other official in whose name the statement is written has the right to refuse to grant a visit if, at his discretion, such a circumstance may interfere with establishing the truth in a criminal case or disrupt the progress of the investigation.
If the request is granted, the official must certify the document with a seal and put his signature.
Have a question for a lawyer?
You need to clarify where your application for a visit is currently located. You can write another application for the inclusion of a minor as an investigator (inquirer) who was involved in the case, also to the prosecutor's office.
In addition, you can submit such a statement to the management of the pre-trial detention center.
So the leadership of the pre-trial detention center can also give permission?
14 August 2022, 14:44
Yes. The management of the pre-trial detention center also has such powers
No one can say with complete certainty that they will never end up in a pre-trial detention center.
Where to submit it and to whom should it be addressed?
- Submitting an application to the investigator if the case is under investigation.
- Submitting an application to the judge if the proceedings are transferred to the court.
- To the head of the pre-trial detention center, if the verdict in the case has already entered into force.
The date permit is valid for 14 days, so you can go on a date on a date that suits you.
Application methods
An application for permission to visit a pre-trial detention center or a correctional facility can be submitted in several ways.
Personally
Through the reception area of the pre-trial detention center or correctional facility. The fact of filing an application must be recorded in a special journal of incoming correspondence.
by mail by Russian Post. The shipment must be submitted with the option of notification of delivery to the addressee.
Online
Through the official website of the GUFSIN (Main Directorate of the Federal Penitentiary Service) of the Russian Federation of the region where the convict is located. You can send an electronic request for a meeting via email or by using the website’s option for ordering meetings with convicted prisoners. Important: not all pre-trial detention centers and correctional institutions operate this service.
To find out if you can make a request for a date at a specific institution via the Internet, you need to:
- go to the official website of the GUFSIN of the desired region,
- In the menu on the left, select the “Subordinate institutions” index,
- in the page that appears, find the desired pre-trial detention center or correctional facility,
- view information about the electronic services provided by this institution.
Typically, the page will include a downloadable application form and/or an option to apply for a date, information about work hours, and contact information.
Citizens sentenced to life imprisonment also have the right to a visit. Watch the video to see how it goes:
After applying for a date using one of the selected methods, you need to wait for a response. The answer can be given using any means of communication, but must be confirmed in writing. If a citizen who wishes to receive a visit is in the same locality as a pre-trial detention center or correctional facility, then the optimal method of application is personal. If the prisoner and the citizen who wants to see him are located at a territorial distance, then the more convenient option would be to mail or submit an application through the GUFSIN website.
For what reasons can there be a refusal and can it be appealed?
There are many reasons for refusing a visit to a pre-trial detention center. The issuance of permission to visit, including close relatives, may be refused if, in the opinion of the investigation or another decision-making body, these relatives are directly related to the crime under investigation. That is, they are witnesses or victims and are interested in the outcome of the case. Also, if there is reason to believe that the meeting may affect the course of the investigation.
It is worth noting that the investigator does not always meet the prisoner . Often this happens when it is beneficial for him to exert psychological influence on the person under investigation, so that he cannot receive the support of loved ones and gives evidence faster. First, contact his boss. If you can’t get it through your boss, then you should contact the prosecutor’s office.
If the result is negative, ask the investigator for a written refusal with justification for his actions. It is better to make demands not verbally, but by registered mail with acknowledgment of receipt. It is impossible to avoid answering such a letter; law enforcement agencies will have to respond.
When a case is brought to court, permission is given by the judge . In this case, refusals are rarely given, and refusal is usually used only as a method of putting pressure on the defendant. If this does happen, then you should know that it is extremely difficult to influence the judge’s position. You can try to influence according to the same scheme as given above.
After the verdict enters into legal force, permission to visit can be obtained in the “help” window of the pre-trial detention center. Now the number of visits a prisoner has with family and friends will be determined by the punishment regime. When asking for a visit after a sentence, it is worth considering that convicts are quickly sent to the place where they are serving their sentences. Usually, no more than two weeks pass from the date the sentence comes into force until the convict is sent to a camp.
In what cases can they refuse?
Having an application does not guarantee that the visit will be allowed. Thus, it may be refused in the following cases:
- If the convicted person is in a punishment cell or has other violations of internal regulations.
- If the case is under investigation and, in the opinion of the investigator, visits may lead to disruption of the progress of the case.
- If the applicant appears without identification, he is in an inadequate state.
If the refusal is unlawful, then the interested person has the right to file a complaint with higher authorities.
So, summing up, we can draw the following conclusion - a long meeting is scheduled twice a month and lasts three days, in exceptional cases five. To allow a visit to the IC, you need to write an application and receive permission.
What to do if refused?
Cases when a visit is refused are not uncommon. Therefore, in this case, there is only one reasonable solution - to demand a reasoned written refusal from the investigator/head of the pre-trial detention center and contact a lawyer with it.
If you receive a refusal
The application is sent to the administration of the colony, and based on the results of its consideration, a written response is given. Waiting time – up to 3 days. The reasons for refusal may vary. The main one is the negative impact of the visitor on the convicted person. Refusals can be appealed in court.
Now you know how to get a date with a prisoner and what you need for this. An application for a meeting is required.
As a rule, it is considered immediately, and not within the established three-day period.
How many meetings are there and what is their duration?
A lawyer can hold conversations with his client at least every day - there are no restrictions on the number of meetings, meetings are limited only by duration (up to 3 hours).
As for visits to the pre-trial detention center by close people (relatives and friends), there is a strict limitation of up to 2 times a month (clause 139 of the Internal Regulations of the pre-trial detention center, order of the Ministry of Justice No. 189 of October 14, 2005). The maximum duration of one date is 3 hours .
As we already wrote at the very beginning, in the introduction, there are no long visits in a pre-trial detention center!
Let's sum it up
It’s easy to write an application for permission to visit a pre-trial detention center - we have provided a sample above, and some institutions have ready-made forms. If the investigator or the head of the pre-trial detention center refuses without reason, you need to contact a lawyer.
Sources
- https://fsin.ru/articles/svidaniya-v-sizo-instruktsiya
- https://ugolovnyi-expert.com/zayavlenie-na-svidanie-v-sizo/
- https://pravovoi.center/ugolovnoe-pravo/nakazanie/lishenie-svobody/sizo/kak-napisat-zayavlenie-na-svidanie.html
- https://ruadvocate.ru/zhizn-v-tyurmax/zayavlenie-na-dlitelnoe-svidanie-s-osuzhdennym-kak-pravilno-pisat/
- https://fsin-pismo-gid.ru/poleznaya-informatsiya/obraztsy-blankov-i-zayavlenij-v-sizo-kak-zapolnit-i-gde-skachat-blank
- https://ruadvocate.ru/sizo/obrazec-zayavleniya-na-svidanie-v-sizo/
- https://lexconsult.online/8429-svidaniya-s-zaklyuchennymi-vidy-poryadok-polucheniya-razresheniya
- https://fsin.ru/articles/svidaniya-s-zaklyuchennym-komu-razresheny-i-kak-poluchit