Order of the Ministry of Justice of the Russian Federation dated October 14, 2005 No. 189
5. Reception of suspects and accused persons in a pre-trial detention center is carried out around the clock by the on-duty assistant to the head of the pre-trial detention center (hereinafter referred to as the assistant on duty) or his deputy, who checks the availability of documents giving grounds for the admission of a person taken to the pre-trial detention center, interviews this person and checks his answers with the information indicated in the personal file.
6. The basis for admitting a suspect or accused to a pre-trial detention center is a court decision choosing detention as a preventive measure, issued in the manner established by the Criminal Procedure Code of the Russian Federation.
In relation to persons to whom detention was applied, a protocol of detention of a suspect in committing a crime must be submitted to the court decision on choosing a preventive measure.
The basis for admission to a pre-trial detention center of a person whose extradition has been requested by a foreign state for criminal prosecution or execution of a sentence and in respect of whom there is a decision of a judicial authority of a foreign state to place him in custody is a decision on detention made by the prosecutor of the Russian Federation in the manner prescribed by part of the article 466 of the Criminal Procedure Code of the Russian Federation. In relation to such a person, official information about the time of his actual arrest or detention and a duly executed copy of the decision of a judicial authority of a foreign state on detention must be provided.
7. In addition to the documents specified in paragraph 6, in order to admit a woman with a child under three years of age to a pre-trial detention center, a birth certificate or other documents confirming that the child belongs to the mother is required, and in the absence of such documents, a written instruction from the person conducting the inquiry, the investigator, prosecutor or court, which is prosecuting a criminal case, to place a woman and a child in a pre-trial detention center.
8. Documents that serve as the basis for admission to a pre-trial detention center must be certified by the signatures of the relevant officials and sealed with official seals.
9. In cases where an extract from a court verdict (ruling, decision) on choosing detention as a preventive measure is presented to a pre-trial detention center, it must indicate the full identifying information of the person in respect of whom this preventive measure is applied. The extract must be certified by the signature of an official and sealed with an official seal.
10. Suspects and accused persons transiting through the pre-trial detention center are accepted and sent to their destinations on the basis of certificates of personal files and associated lists, the forms of which are established by the Instructions on the work of departments (groups) of special registration of pre-trial detention centers and prisons of the penal system. If there is a discrepancy between the data on the personal file certificate and the interview with the person traveling in transit, the assistant on duty opens the personal file, and a report is drawn up about this.
11. Persons brought to the pre-trial detention center by scheduled convoy, in respect of whom the terms of detention have expired, are released by order of the head of the pre-trial detention center or the person replacing him, on the grounds and in the manner established by Articles 49, 50 of the Federal Law (clause supplemented by the Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410 – see previous edition).
12. Persons who, according to the conclusion of a doctor or paramedic of a pre-trial detention center, require urgent inpatient treatment, in the absence of the possibility of such treatment in a pre-trial detention center or the expiration of the period of detention, in the event of their delivery from a temporary detention center (hereinafter referred to as the temporary detention center) by escort units of the internal affairs bodies to the institution not accepted.
13. Suspects and accused persons admitted to the pre-trial detention center are provided with information about the rights and obligations, the regime of detention, disciplinary requirements, daily routine, the procedure for submitting proposals, applications and complaints, as well as the possibility of receiving psychological assistance. This information can be provided to suspects and accused persons both in writing and orally (the paragraph was supplemented by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410 - see the previous edition).
Subsequently, this kind of information is regularly provided to suspects and accused by radio, during visits to cells by employees, and at personal reception of suspects and accused by the head of the pre-trial detention center and persons authorized by him. Suspects and accused persons, at their request, are issued the Federal Law and these Rules for temporary use from the library of the pre-trial detention center. In each cell, information is posted on the wall about the basic rights and responsibilities of suspects and defendants held in pre-trial detention centers, as well as the daily routine (the paragraph was supplemented by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410 - see the previous edition).
In a pre-trial detention center, by order of the pre-trial detention center, a daily routine is established, developed on the basis of an approximate daily routine (Appendix No. 4), taking into account the occupancy of the pre-trial detention center, the time of year, local conditions and other specific circumstances (the paragraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410).
The daily routine includes time for getting up, going to bed, eating, participating in investigative actions and court hearings, walking, etc. Time is provided for uninterrupted eight-hour sleep for suspects and accused (paragraph additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410 ).
14. Suspects and accused persons have the right to polite treatment by pre-trial detention center employees. They should be addressed as “You” and called “citizen” or “citizen” and then by last name or, respectively, “suspect”, “accused” or “convicted”.
15. During the period of registration of registration documents, suspects and accused persons are placed in cells of the assembly department for a period of no more than one day in compliance with the requirements of isolation, or for a period of no more than two hours in single boxes of the assembly department, equipped with seating and artificial lighting.
The time of placement of suspects and accused persons in single boxes and the time of their transfer to other premises is recorded in the Duty Book for the building department.
16. Upon admission to the pre-trial detention center, suspects and accused persons undergo a primary medical examination and sanitary treatment. The primary medical examination, as well as the necessary examination, is carried out by the doctor on duty (paramedic) of the pre-trial detention center in order to identify patients requiring isolation and (or) emergency medical care. The results of the examination, treatment and diagnostic measures carried out are entered into the medical outpatient record.
If a suspect or accused is found to have bodily injuries that suggest that harm to the citizen’s health was caused as a result of unlawful actions by a medical worker, in addition to records of this in the medical outpatient record, a corresponding act is drawn up, which is signed by the assistant on duty and the chief of the guard who delivered the suspect or accused . The victim is asked to give a written explanation about the circumstances of his injuries. The assistant on duty reports this fact in writing to the head of the pre-trial detention center or the person replacing him (paragraph as amended by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410 - see the previous edition).
The act, the report of the assistant on duty, the explanation of the suspect or accused in the prescribed manner are sent to the territorial prosecutor's office at the location of the pre-trial detention center for making a decision in accordance with the Criminal Procedure Code of the Russian Federation (the paragraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410).
Suspects and accused persons, on a voluntary basis, undergo an initial psychodiagnostic examination, the results of which are entered into the Register of Suspects and Accused Persons who have undergone a psychological examination.
17. Suspects and accused persons who have undergone sanitary treatment receive bedding and, if necessary, clothing of the established standard. Suspects and accused persons arriving in uniform of military personnel or law enforcement officers are required to change clothes. If necessary, employees of other services change clothes.
After a full personal search, inspection of personal belongings, fingerprinting, photography, primary medical examination, sanitary processing and registration of registration documents, persons arriving at the pre-trial detention center are placed in cells of the quarantine department, where they undergo a medical examination (paragraph additionally included by the Order of the Ministry of Justice of Russia dated December 27 2010 No. 410).
18. Placement in cells is carried out in accordance with the requirements of Article 33 of the Federal Law on the basis of a plan for cell-by-cell placement of suspects, accused and convicted persons, approved by the head of the pre-trial detention center or the person replacing him. Suspects and defendants in the same criminal case are housed separately. The administration of the pre-trial detention center is taking measures to exclude contacts between them (the paragraph was supplemented by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410 - see the previous edition).
Suspects and accused persons are placed in cells by the assistant on duty or his deputy in agreement with the operational service worker, and minors, in addition, in agreement with the educational inspector and psychologist.
The placement of patients is carried out according to the instructions of the medical worker. Persons who have signs of a mental disorder, including a tendency to aggression and self-aggression, are placed in cells taking into account the recommendations of a psychiatrist and psychologist. Persons with signs of infectious or parasitic diseases are placed in cells allocated for quarantine. The quarantine period is determined by medical indications.
During the entire period of stay in the pre-trial detention center, suspects and accused are kept, as a rule, in the same cell (this paragraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410).
Transfer of suspects and accused from one cell to another is allowed in the following cases (paragraph additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410):
a) the need to ensure compliance with the requirements for separate placement of suspects and accused, provided for in Article 33 of the Federal Law, or when changing the plan for cell placement of suspects, accused and convicted persons (the subparagraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410);
b) the need to ensure the safety of life and health of a suspect, accused or convicted person or other suspects, accused or convicted persons (the subparagraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410);
c) the need to provide medical care to a suspect, accused or convicted person in a hospital setting (the subparagraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410);
d) the presence of reliable information about an impending crime or other offense (the subparagraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410).
The transfer is carried out with the written permission of the head of the pre-trial detention center or the person performing his duties (the paragraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410).
The movement of suspects, accused and convicted persons from one cell to another during repair work in the cells, as well as during the elimination of accidents in water, electricity and sewerage systems is carried out with the written permission of the head of the pre-trial detention center or the person replacing him. If it is impossible to move all persons from one cell to another, the issue of placing each suspect, accused or convicted person in different cells is decided individually (the paragraph was additionally included by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410).
19. Patients with infectious diseases or those in need of special medical care and observation are housed separately from other suspects and accused.
If infectious or parasitic diseases are detected in persons admitted to a pre-trial detention center, they are immediately subject to a set of anti-epidemic and treatment-and-prophylactic measures in the prescribed manner.
20. Minors are placed, as a rule, in small cells (4 – 6 places), located in separate buildings, sections or on the floors of secure buildings, taking into account their age, physical development, and pedagogical neglect. They create improved material and living conditions.
21. In exceptional cases, in cells with minors, in accordance with Article 33 of the Federal Law, with the consent of the supervising prosecutor, adult suspects and accused from among positively characterized persons who have been brought to criminal responsibility for the first time for crimes that are not classified as grave and especially grave are kept. Their selection is carried out by an inspector for educational work and a psychologist in agreement with an employee of the operational service (the clause was supplemented by Order of the Ministry of Justice of Russia dated December 27, 2010 No. 410 - see the previous edition).
22. Improved material and living conditions are created to accommodate pregnant women and women with children under three years of age. They are housed in specially equipped cells located in separate secure buildings or isolated compartments of secure buildings. Cells are equipped with single-tier beds.
Composition and calorie content
In accordance with Order No. 696, the amount of calories consumed by a prisoner must reach 2600-3000 Kcal/day, so the menu is compiled based on this value.
Sample menu for the day and what the dishes are called in the language of the convicts
Breakfast:
- porridge (semolina, oatmeal, millet, pearl barley) - “gruel”;
- mixed bread - “ammonar”, if the bread is white - “Belinsky”;
- tea with sugar - “chifir with balagas”.
Dinner:
- salad or pickles (cabbage, tomatoes, cucumbers);
- soup (rassolnik, cabbage soup, kharcho) - “bitter ration”;
- meat (fish with mashed potatoes, boiled chicken with rice, goulash with pasta);
- dried fruit compote - “uzvar”.
Dinner:
- sausages, fish (or meatballs) with porridge (buckwheat, pearl barley), dumplings;
- tea with sugar - “chifir with balagas”;
- black, white bread - “ammonar and belinsky”.
There is also an afternoon snack, during which the convict can drink juice.
Sending letters
It is allowed to send any number of telegrams or letters to the accused himself. If they are addressed to his young children, then it is possible not to indicate the address of the pre-trial detention center as the address, so as not to traumatize the child’s psyche.
All correspondence undergoes a mandatory censorship procedure. Received letters must also pass through it to reach the prisoners. This includes both those received by mail and those sent over the Internet.
As for money transfers, they are made upon application addressed to the head of the pre-trial detention center, by mail, and then credited to the citizen’s personal account.
What legislative acts establish temporary temporary detention centers in pre-trial detention centers?
The internal regulations of pre-trial detention centers are established by Order of the Ministry of Justice No. 189 of October 14, 2005. Of course, changes are made there from time to time. The latter were carried out on May 12, 2021.
The temporary temporary residence permit in a pre-trial detention center is established by Order of the Ministry of Justice No. 189.
It consists of 20 chapters, each of which is devoted to a different aspect of the prisoner's life. They explain how the life of convicts should be organized, what they are allowed and prohibited from doing, what things can be stored and what cannot be stored. In the following sections we will try to talk separately about each of them.
Search/inspection/seizure of prohibited items
Each accused person is subject to a personal search procedure, which includes both a search of the citizen himself and his belongings. A personal search is carried out based on gender. He is photographed and fingerprinted.
If a detainee has a bandage or plaster applied, they are removed only under the supervision of a medical worker.
During this procedure, a protocol is kept, and if prohibited items are found in the pre-trial detention center, they are confiscated and a report is drawn up on them in several copies. These objects are then sorted and can be given to relatives or friends of the prisoner, at his request. The latter must be noted in the application.
