Correctional work: features of punishment
Features of punishment
One of the types of punishments applied to persons who have committed crimes include corrective labor. They are appointed convicts who do not have a main place of work. From the earnings of the convict produce deductions to the state income in the amount of from 5 to 20%.The sentence is determined by the court (from 2 months to 2 years). The place of departure is determined by the local authority; it is coordinated with the body performing the correctional work. The Criminal Code establishes this type of punishment in Art. 50, and the order of execution is regulated by the RF PEC. Convicted persons are entrusted with a number of duties that they must comply with, in particular, work out the term of punishment, treat work obligations in good faith, comply with the internal rules of the enterprise, come to the inspectorate at a specified time, report on a change of place of residence. If necessary, convicts are assisted in finding employment, they are sent to the employment service agencies. They can not refuse from the proposed work, as well as retraining.
Purpose of punishment
Criminal law provides for this type of punishment to achieve the following objectives: the involvement of the convict in compulsory labor, the impact of property and the restriction of certain labor rights. Serving correctional work begins with the day the administration of the enterprise receives a copy of the sentence sent by the inspectorate. The term is calculated in years and months when deductions were made from the earnings of the convict. It also counts the days when the convict was not working for valid reasons and his salary was maintained. It can be a disease, vacation, being in the inspection if there is a summons, etc. Also, the time when the convict was officially declared unemployed is counted. In the case of a convicted person who is in a state of impediment to the serving of the sentence, he may not serve correctional labor. He must be released in court. Pregnant women may apply to the court to postpone the execution of the penalty imposed from the moment the maternity leave commences.
Time is not included in the sentence:
- diseases arising from the use of alcohol, drugs, toxic intoxication;
- when the convicted did not work;
- departure of administrative arrest, house arrest, detention as a preventive measure in another case.
Corrective labor is not assigned:
- disabled people of group 1;
- conscript and contract servicemen (private and non-commissioned officers);
- pregnant women and having children up to 3 years.
In case of malicious evasion, departures can be (upon the submission of the inspection) replaced by arrest, restriction or imprisonment. In this case, it is assumed that the day of restriction of liberty is one, the arrest is two, and the deprivation of liberty is 3 days of correctional work. Replacing punishment, the court takes into account the circumstances of malicious evasion, the presence of children, the behavior of the convict, the severity of the crime and other factors.