If the court has ordered correctional labor for your employee, he will serve his sentence at his main place of work. Only citizens who do not have a main place of work “work out their sentence” in places determined by local government bodies in agreement with penal inspections.
A correctional worker is actually no different from an ordinary worker. He works within the framework of a previously concluded employment contract and fulfills his duties.
Definition
Compulsory labor is a type of punishment provided for in Article 49 of the Criminal Code of the Russian Federation and Article 3.13 of the Code of Administrative Offenses of the Russian Federation. Appointed only as the main preventive measure for a convicted person instead of a fine or as a mitigated punishment. The essence of the measure is to work the time determined by the court during hours free from the main job. Distinctive features of mandatory work:
- are assigned only to officially employed citizens: students, apprentices, employees;
- are aimed at benefiting the public;
- the convicted person does not receive a salary, and all funds for his work are sent to the state budget;
- coercive nature;
- lack of the right to choose the type of work and place of its implementation.
The main purpose of such punishment is educational. Compulsory work is far from prestigious; moreover, it must be performed at the place of residence, where the convicted person can be seen by friends, colleagues, and neighbors. This measure enhances the effectiveness of moral influence on the offender.
What other documents are there?
- All documents from the “Ministry of Justice” section
- Categories of all standard samples and document forms
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- Warning about replacing compulsory labor (correctional labor) with a more severe form of punishment (sample)
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Execution order
No later than ten days after the sentencing, the convicted person is subject to compulsory labor. The organizations where the offender is serving his sentence exercise control over the citizen and monitor the quality of work and its duration. The responsibilities of convicts are as follows:
- conscientious fulfillment of labor obligations;
- compliance with disciplinary standards;
- compliance with the rules of the organization where the person is serving his sentence;
- working out all the time determined by the court;
- warning about change of residence.
In case of failure to fulfill obligations or evasion of work, the court may decide to toughen the punishment for the violator.
Features of sentencing
When an offense is detected, the official draws up a procedural protocol. The case is then sent to court. Only a judge can impose a punishment in the form of compulsory labor on a violator.
The case is considered as follows:
- A date and time for the hearing are set.
- The judge sends notifications to the participants in the process.
- The case is considered even in the absence of the offender. The main thing is to notify him of the lawsuit.
- The judge examines personal information about the offender. In this way, he will be able to determine whether the person can be sentenced to compulsory labor.
- Taking into account the social danger of the offense, the duration of the punishment is determined. In addition, the court draws attention to the presence of mitigating and aggravating factors, as well as other circumstances of the case.
- The judge makes a ruling.
- The convicted person is given 10 days to challenge the decision. Then it comes into force.
- The judicial act is sent to the Federal Bailiff Service, which controls the process of execution of sentences.
Types of jobs
The places and types of compulsory work are determined by local government bodies. The field of activity can constantly change, so convicts are faced with tasks that do not require qualifications or special knowledge and skills. The list of mandatory work is established by municipal authorities. As a rule, these are events to improve the city. These could be the following types of activities:
- landscaping;
- utility and loading work;
- repair work (painting curbs, replacing signs on houses);
- cleaning streets or premises.
The convicted person can serve his sentence in either a municipal or a private city service organization. Types of work are assigned in accordance with the physical abilities of the offender, his age and state of health.
Punishment without deprivation of communication with people
Compulsory labor is one of the types of criminal penalties that is not associated with the isolation of a person from society. The distinctive feature of this punishment is the absence of round-the-clock correctional coercion in the commentary to Article 49.
The following are considered positive aspects of applying measures without depriving people of the opportunity to communicate with people:
- Low level of repressiveness, allowing you to communicate without restrictions in society with other people.
- Relationships with relatives remain inextricable.
- Lack of measures to adapt the convicted person after execution of the sentence, since the social situation did not change.
- There is no connection with the criminal world and, as a result, personality degradation does not occur.
- The effectiveness of public control in the process of mandatory work performance.
The legislation provides for several criminal articles under which those convicted, when brought to justice, remain in civil society.
Compulsory labor is used as punishment for minor crimes:
- in relation to someone else's property;
- against the activities of enterprises and organizations;
- other similar acts.
The places where compulsory labor is performed are designated by the executive authorities of the constituent entities. Divisions of the penal system agree on the objects and form of such work.
The performance of work does not require any professional qualifications from the convicted person. Examples of work performed include:
- Cleaning streets, parks, squares, squares, public transport stops.
- Planting green spaces.
- Support work in shelters and nursing homes.
Types of work are assigned based on the personal characteristics and skills of each person serving a sentence.
Other factors in assigning a certain type of punishment are the possibility of monitoring its execution and the requests of the convicted person.
Working hours
How is punishment implemented? Compulsory work involves hourly execution, determined by the court. For a crime, the convicted person is sentenced from 60 to 480 hours, for an administrative offense - from 20 to 200 hours. While serving the sentence, mandatory conditions must be met.
- On working and school days, a convicted person can work no more than 2 hours (by voluntary decision, no more than 4 hours).
- On weekends and holidays, work time should not exceed 4 hours.
- At least 12 hours are worked per week.
- The period of vacations and school holidays does not in any way affect the duration of work.
There are slightly different procedures for juvenile offenders. Thus, the total sentence can be 40–160 hours, and the performance of daily forced duties depends on age:
- 14–15 years old – no more than two hours;
- 15–16 years old – up to three hours;
- from 16 years old – no more than four hours a day.
The number of daily hours can be reduced in case of significant reasons and only by decision of the bailiff.
What happens if you evade
The offender is required to complete the period of compulsory labor in full. You can miss a day of work only if there is a good reason. Otherwise, such actions will be regarded as evasion.
If there are good reasons, a citizen can count on receiving a deferment. In this case, the process of execution of the punishment is suspended. Valid reasons include illness, business trips, death of relatives, etc. Each of the grounds requires documentary evidence.
If a citizen refuses to carry out work or does not show up at the place where it is being carried out, FSSP employees have the right to draw up an administrative protocol. In case of repeated violations, the convicted person may be subject to additional liability. The preventive measure is determined according to Article 20.25 of the Code of Administrative Offenses of the Russian Federation. The violator can be arrested for up to 15 days or given a fine of 150-300 thousand rubles.
Who is given this kind of punishment?
Compulsory labor is assigned as the main punishment to persons who have committed the following offenses:
- deviation from arrest, payment of fines;
- harm to the environment;
- failure to maintain order when participating in public events;
- violations during crowds of people;
- blocking the movement of personal and public transport.
An important condition for awarding such a punishment is damage to the health or property of third parties. This preventive measure cannot be used against the following citizens:
- disabled people;
- unemployed;
- pregnant women;
- mothers of children under three years of age.
Representatives of some professions are also not assigned compulsory work. Among them are military personnel, police and fire officials, representatives of the executive system of government and others.
Deviation from work
Not all convicts repent of their crimes. There are also those who irresponsibly shirk their responsibilities. In case of failure to appear and refusal to work, the organization where the citizen was serving his sentence draws up a protocol on the violation. Such an act is regarded as a separate administrative offense and threatens the violator with arrest for up to fifteen days or a fine of 150 to 300 thousand rubles.
In case of malicious evasion of work, the punishment is replaced by forced labor or imprisonment. These include violators who have committed the following actions:
- fled to avoid punishment;
- did not show up for work more than twice within a month;
- repeatedly violated labor discipline.
The term of punishment remains the same, taking into account the time worked. Eight hours of compulsory labor are equivalent to one day of imprisonment or correctional labor.
This type of employment does not require wages, health insurance, or a work record book. Moreover, the period worked does not count towards the prisoner’s length of service. The purpose of such a preventive measure is not simply physical punishment in the form of compulsory labor. Much attention is paid to moral education and putting the offender “on the right path” for the benefit of himself and the surrounding society.
List of duties of convicted persons under Article 49
If you turn to legal literature and download from the Internet a new diploma project with a topic relating to the duties of those convicted under Article 49, you should pay attention to the briefly outlined list of violations allowed during the performance of compulsory labor:
- Ignoring calls from the inspectorate for accounting and other issues related to the organization of execution of punishment.
- Absenteeism from compulsory labor in the absence of objective reasons.
- Failure to comply with the organization's labor regulations.
- Committing a disciplinary violation.
- Intentional failure to provide the inspector with information about the new residential address.
Having committed these violations, the convicted person receives a warning from the inspectorate to replace this punishment with another one provided for in Article 49. A warning takes the form of an order.
The procedure provides for the production of a copy of the said order. It is attached to the case materials of the person assigned to compulsory work. The content of the document providing for a warning indicates the likely replacement of this punishment with others, the essence of which boils down to restriction or imprisonment.
Citizens performing such work must:
- do not violate the internal routine;
- Responsibly carry out the assigned production task;
- comply with the period determined by the court decision;
- promptly report any changes to your settings.
These requirements are confirmed by the fact that compulsory labor imposed by the court is not exactly a light punishment, but has a significant impact on the convicted person.
