Article 58. Assignment of a type of correctional institution to persons sentenced to imprisonment

ST 58 of the Criminal Code of the Russian Federation.

1. Serving of imprisonment is assigned:

a) persons convicted of crimes committed through negligence, as well as persons sentenced to imprisonment for committing intentional crimes of minor and medium gravity, who have not previously served imprisonment - in colony settlements. 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;

b) men sentenced to imprisonment for committing serious crimes who have not previously served imprisonment, as well as women sentenced to imprisonment for committing serious and especially serious crimes, including any type of recidivism - in general regime correctional colonies;

c) men sentenced to imprisonment for committing especially serious crimes, who have not previously served imprisonment, as well as in case of relapse or dangerous relapse of crimes, if the convicted person has previously served imprisonment - in high-security correctional colonies;

d) men sentenced to life imprisonment, as well as in cases of particularly dangerous recidivism - in special regime correctional colonies.

2. Men sentenced to imprisonment for committing especially serious crimes for a term of over five years, for committing crimes provided for in Article 205.2, part two of Article 205.4, part one of Article 206, part one of Article 211, articles 220, 221, 360 of this Code , as well as in the case of a particularly dangerous recidivism of crimes, serving part of the sentence may be imposed in prison, and the court counts the time the convict is held in custody before the conviction enters into legal force as part of the term of serving the sentence in prison.

2.1. Men sentenced to imprisonment for committing crimes under articles 205, 205.1, 205.3, part one of article 205.4, article 205.5, parts two - four of article 206, article 208, parts two - four of article 211, articles 277 - 279, 281, 317, 361 of this Code, serving part of the sentence is assigned in prison. In this case, the period of serving the sentence in prison after counting the time of the person’s detention before the court’s conviction enters into legal force must be at least one year. Determining the type of correctional institution for serving the sentence remaining after serving part of the sentence in prison is carried out according to the rules established by this article.

3. Persons sentenced to imprisonment who have not reached the age of eighteen at the time the court pronounces the verdict are assigned to serve their sentence in educational colonies.

4. Changing the type of correctional institution is carried out by the court in accordance with the penal legislation of the Russian Federation.

Commentary to Art. 58 Criminal Code

1. The type of correctional colony (settlement colony, general, strict, special regime colony) depends on the gender of the convicted person, the form of guilt of the crime committed, its category, the presence or absence of recidivism, its type, as well as whether the person has previously served imprisonment ( see Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2014 No. 9 “On the practice of appointing and changing types of correctional institutions by courts”).

2. A person who, for a crime he committed in the past, served a sentence of imprisonment in a correctional colony, educational colony, prison, medical correctional institution or pre-trial detention center in the cases specified in Part 1 of Art. 74 of the Penal Code of the Russian Federation, if the conviction for this crime was not expunged or expunged at the time of the commission of a new crime.

Dating Rules

Prisoners retain the right to receive long-term and short-term visits with family and friends (Articles: 89, 118, 121, 123, 125, 129, 131 of the Penal Code of the Russian Federation):

• Short-term visits take place in the presence of an employee of the correctional colony administration (Article 89 of the Penal Code of the Russian Federation).
• Long-term visits with family and friends are given with the right to live together.

Visits with other persons require permission from the head of the institution. Rules for receiving and conducting visits in correctional colonies:

1. To obtain a permit, an application must first be written to the head of the correctional colony.
2. Documents proving identity and relationship with prisoners are provided.
3. A thorough search of convicts is carried out before and after the meeting.
4. No more than two adults are allowed on a date. Minor relatives may be present with them.
5. Arriving citizens undergo a strict inspection before and after the visit. The rules of the date are explained to them.

• application for a short-term visit to the penal colony
• applications for a long-term date in the IR
• application for a short visit to prison
• applications for a long-term visit to prison

Second commentary to Art. 58 of the Criminal Code of the Russian Federation

1. Serving of imprisonment is assigned in the following types of correctional institutions:

- persons convicted of crimes committed through negligence, as well as persons sentenced to imprisonment for committing intentional crimes of minor and medium gravity, who have not previously served imprisonment - in colony settlements. 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;

- men sentenced to imprisonment for committing serious crimes who have not previously served imprisonment, as well as women sentenced to imprisonment for committing serious and especially serious crimes, including any type of recidivism - in general regime correctional colonies;

- men 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 previously served imprisonment - in high-security correctional colonies.

2. Men sentenced to imprisonment for a term of over five years for committing crimes under Article 2052, part two of Article 2054, part one of Article 206, part one of Article 211, articles 220, 221, 360 of the Criminal Code of the Russian Federation (contrary to the erroneously preserved wording of the law these crimes are not particularly serious), as in the case of a particularly dangerous recidivism, serving part of the sentence (its duration is determined by the court) may be assigned in prison at the discretion of the court. In this case, the court counts the time the convicted person was held in custody before the conviction came into force as part of the term of serving the sentence in prison.

3. Men sentenced (even for the first time) to imprisonment for committing particularly serious crimes listed in Part 21 of the commented article of the Criminal Code of the Russian Federation are required to serve part of their sentence in prison. In this case, the period of serving the sentence in prison after counting the time of the person’s detention before the court’s conviction enters into legal force must be at least one year. Determining the type of correctional institution for serving the sentence remaining after serving part of the sentence in prison is carried out according to the rules established by the commented article.

4. The named institutions differ from each other in the regime of detention of convicts in them. The regime is the procedure for executing and serving a sentence established by the norms of penal legislation, as well as the conditions that together determine the volume and nature of punitive and other coercive elements in imprisonment as a form of punishment (features of life, work, study and everyday life of convicts, the presence of legal restrictions , their rights and obligations).

5. Colonial settlements have the most preferential regime for serving a sentence of imprisonment. In them, convicts are kept unguarded, during the hours from getting up to lights out they have the right to free movement within the colony, with the permission of the administration they can move without supervision outside the colony, they can wear civilian clothes, carry money and valuables, receive parcels, packages and parcels. , live with their families on the territory of the colony or outside it, study by correspondence in institutions of higher and secondary vocational education (Article 128 of the Penal Code).

6. Colonies of general, strict and special regime differ from each other in the degree of non-freedom of the convicted person, the volume and nature of legal restrictions applied to those deprived of liberty. Thus, if persons serving sentences in general regime colonies live in dormitories and are allowed to have six short-term and four long-term visits during the year, receive six parcels or parcels and six parcels for the same period (Article 121 of the Penal Code), then the inhabitants of the colonies special regime, also living in hostels, can have only two short-term and two long-term visits during the year and only three parcels (transfers) and three parcels during the year (Article 125 of the Penal Code).

7. The most severe conditions for serving imprisonment are in prisons. Convicts here are kept in locked cells (general and solitary). At the same time, depending on the mode of serving the sentence (general or strict), strict restrictions are established regarding the number and duration of walks, the number of visits, parcels (transfers) and parcels received. There are other legal restrictions (Article 131 of the Penal Code).

8. For convicted minors, imprisonment is imposed in a special manner. Persons of both sexes who have not reached the age of eighteen at the time the court pronounces a sentence are assigned to serve their sentences in educational colonies, which are not differentiated by regime. The regime for serving sentences in educational colonies is much softer than in colonies for adult criminals (Article 133 of the Penal Code).

Table of comparisons of modes of serving sentences in correctional colonies and prisons

For those who want to learn about the differences between correctional institutions, we have prepared this article.

Third commentary to Article 58 of the Criminal Code of the Russian Federation

1. This article establishes the rules for determining the type of correctional institution for those sentenced to imprisonment. For the correct application of this article, the explanations of the Plenum of the Supreme Court of the Russian Federation, given by it in Resolution No. 14 of November 12, 2001, “On the practice of appointing types of correctional institutions by courts” are necessary.

In particular, as the Plenum explained, it should be borne in mind that the law excludes the possibility of assigning one or another type of correctional colony at the discretion of the court. Only in the cases specified in paragraph “a” of Part 1 of Art. 58 of the Criminal Code of the Russian Federation, the court may order those convicted (men and women) for an intentional crime of minor or medium gravity, if they have not previously served a sentence of imprisonment, or for a crime committed through negligence, to serve imprisonment in a general regime correctional colony instead of a colony - settlements with the reasons for the decision given in the verdict.

2. The law regulates the type of correctional institution depending on the category of severity of the criminal act, type of recidivism, form of guilt, gender and age of the convicted person. The most stringent types of correctional institutions - strict or special regime colonies and prisons - are assigned for the most dangerous crimes, in case of dangerous and especially dangerous recidivism. Convicted minors are assigned to serve a sentence of imprisonment in educational colonies. The correct determination by the court of the type of correctional institution is extremely important, since in terms of the volume of coercive influence, the regimes established for each type of correctional institution differ significantly from each other.

3. When assigning a type of correctional institution, it should be borne in mind that compulsory treatment for alcoholism and drug addiction is not provided in settlement colonies (Article 78 of the Penal Code), therefore, convicts suffering from these diseases must be assigned a different type of correctional institution. When imposing a sentence of imprisonment for a set of crimes or a set of sentences, the court must determine the type of correctional colony after determining the final punishment. The “moment of the court’s pronouncement of a verdict”, specified in Part 3 of the commented article, should be understood as the time of proclamation of a guilty verdict in the courtroom (Article 310 of the Code of Criminal Procedure of the Russian Federation). Circumstances characterizing the personality of the perpetrator, which, by virtue of paragraph “a” of Part 1 of Art. 58 of the Criminal Code must be taken into account by the court when deciding whether to assign him to serve a sentence in a penal colony or in a general regime correctional colony, may relate to his behavior before committing a crime, the presence of a criminal record and the nature of previously committed crimes, behavior in a pre-trial detention center, in a correctional colony, if the person has previously served imprisonment, as well as data on the state of health and the need for the use of compulsory medical measures, the presence of minor children and other circumstances.

4. The type of correctional institution is changed by the court on the basis of Art.
78 of the Penal Code, depending on the behavior and attitude to work of the convicted person. In addition, there is also a certain time limit: for example, positively characterized convicts can be transferred to further serve a sentence of imprisonment from prison to a correctional colony - after the convicts have served in prison at least half of the term assigned by the court. ‹ Article 57. Life imprisonmentUp Article 59. Death penalty ›

What is a colony-settlement, conditions

A colony-settlement provides the most lenient version of imprisonment, used as punishment in relation to persons who have committed crimes that did not entail serious consequences, without intent, with an admission of guilt and other characteristics that facilitate punishment. In this case, the following persons can be sent to a colony-settlement:

• Convicted for the first time, if the crime does not provide for more than a 5-year term of imprisonment, did not entail grave consequences and was committed without intent, or with intent in order to protect one’s own interests.
• Persons serving a sentence in a general regime penal colony, subject to exemplary behavior, the personal desire of the convicted person, and upon serving at least a quarter of the assigned term.
• Persons serving a sentence in a strict regime penal colony with exemplary behavior, personal desire and serving at least a third of the term.

Important fact

If a person is sent to a correctional colony due to a crime or offense committed during parole, then transfer to a settlement colony can be made in this case no earlier than after serving half of the sentence.

In general, living conditions in a colony-settlement are much more lenient than in other correctional institutions or pre-trial detention centers. In particular, the features of just such correctional institutions include:

• The possibility of independently sending a convicted person to the place of serving his sentence, rather than being transported under escort.
• Possibility of free movement throughout the territory of the colony-settlement.
• Lack of a fenced territory of the colony-settlement.
• Prisoners have the right to wear any civilian clothing.
• The right to leave the colony and visit neighboring settlements with the consent of the institution’s management.
• The right to study in neighboring settlements if there are educational institutions in such areas.
• The right to live in adjacent settlements, and not in a dormitory on the territory of a colony-settlement, if such residence is agreed upon with the administration.

Thus, given the location of most colony-settlements in remote forest areas of the Russian Federation in the northern or eastern territories, living conditions in them can often be similar to simple shift work in logging or in the oil industry. However, it should be noted that colony settlements necessarily require work and compliance with a certain regime, which includes the possibility of the administration checking living conditions and the presence of prohibited items, a ban on antisocial activities, alcohol consumption, and compulsory labor service.

note

In fact, in some settlement colonies, due to their remoteness from populated areas, judging by the reviews of the prisoners themselves, the conditions of stay depend on the administration and may even be much harsher in comparison with correctional colonies. In particular, the administration has additional levers of illegal influence on prisoners, since their disappearance from a colony-settlement can be attributed to escape, when in fact they can be subjected to various punishments, including cases of murder of prisoners by employees of such institutions.

Notes

1. ↑ SU RSFSR. 1926. No. 80. Art. 600.
2. ↑ Northwestern USSR. 1927. No. 12. Art. 123.
3. ↑ SU RSFSR. 1927. No. 49. Art. 330.
4. ↑ SU RSFSR. 1934. No. 30. Art. 173.
5. ↑ In the Latvian, Lithuanian and Estonian SSR, before the adoption of their own Criminal Codes, Article 58 of the Criminal Code of the RSFSR was applied.
6. ↑ As amended by the first Criminal Code of the RSFSR, which was in force until 1927, responsibility for them was established by Articles 58-73. Before it came into force on June 1, 1922, in sentences in accordance with the Decree on the Court No. 1 and the Regulations on the People's Court of 1918, the legal basis could only be “revolutionary legal consciousness” (see, for example, the sentence against Baron Ungern (Baron Ungern in documents and memoirs / Compiled by S. L. Kuzmin. - M., 2004. - P. 262—-263. - ISBN 5-87317-164-5.)).
7. ↑
8. ↑ Kai Cornelius
   . Vom spurlosen Verschwindenlassen zur Benachrichtigungspflicht bei Festnahmen. - BWV Verlag, 2004. - S. 129. - ISBN 3-8305-1165-5.
9. ↑
10. ↑
11. ↑