Restriction of freedom as a type of criminal punishment under the Criminal Code of the Russian Federation. Types, terms, replacement of punishment

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Restriction of freedom is one of many criminal penalties, the existence of which is intended to ensure the principle of individualization of sentencing, taking into account the nature and severity of the crime, the identity of the perpetrator and other circumstances, and to prevent further criminalization of the individual.

Types of restrictions when imposing punishment in the form of restriction of freedom

In accordance with Art. 53 of the Criminal Code of the Russian Federation, restriction of freedom consists of the court establishing the following restrictions for the convicted person:

do not leave your place of permanent residence (stay) at a certain time of the day,
not to visit certain places located within the territory of the relevant municipality,
do not travel outside the territory of the relevant municipality,
not to visit places of mass and other events and not to participate in these events,
not to change the place of residence or stay, place of work and (or) study without the consent of the specialized state body supervising the serving of sentences by convicts in the form of restriction of freedom, in cases provided for by the legislation of the Russian Federation.

When establishing restrictions on visiting certain places, the court should indicate the characteristics of such places (for example, public catering places where the consumption of alcoholic beverages is permitted, children's institutions).

A restriction in the form of a ban on visiting places where mass events are held and participating in them may apply to all mass events, as well as those of them, visiting and participating in which, in the opinion of the court, will interfere with the achievement of the goals of punishment. For example, the following events are popular

socio-political (meetings, rallies, street processions, demonstrations, etc.);
cultural and entertainment (festivals, professional holidays, folk festivals, etc.);
sports (Olympiads, Spartakiads, Universiade, competitions in various sports, etc.).

Criminal Executive Code of the Russian Federation, Article 50 of the Penal Code of the Russian Federation

1. Punishment in the form of restriction of freedom is served by the convicted person at his place of residence.

2. A person sentenced to a restriction of freedom must comply with the restrictions established by the court, and also appear when summoned to the penal inspection to give oral or written explanations on issues related to serving his sentence.

3. If the court does not impose a restriction on changing the place of work and (or) study without the consent of the penitentiary inspection, the convicted person is obliged no later than seven days before the date of change of place of work and (or) study to notify the criminal justice department about this. executive inspection.

4. Consent to leave the place of permanent residence (stay) at a certain time of the day, to visit certain places located within the territory of the corresponding municipal formation, or to travel outside the territory of the corresponding municipal formation is given by the criminal executive inspection to the convicted person in the presence of the following exceptional personal circumstances:

a) death or serious illness of a close relative that threatens the patient’s life;
b) the need for the convicted person to receive medical care, if the required medical care cannot be obtained at the place of permanent residence (stay) of the convicted person or within the territory established by the court;
c) the impossibility of further finding the convicted person at his place of permanent residence (stay) due to a natural disaster or other emergency circumstance;
d) the convicted person undergoes training outside the territory established by the court;
e) the need to pass entrance tests upon admission to an educational organization;

f) the need to resolve the following issues during employment:

reporting to the employment service authorities for registration and further interaction with these authorities in order to find a suitable job or register as unemployed, if there are no relevant employment service authorities within the territory established by the court;
passing a preliminary interview;
undergoing a mandatory preliminary medical examination (examination) necessary for concluding an employment contract, if this examination (examination) cannot be completed within the territory established by the court;
conclusion of an employment contract;
conclusion of a civil law agreement, the subject of which is the performance of work and (or) the provision of services;
state registration as an individual entrepreneur, obtaining a license (permit) to carry out a certain type of activity;
g) the exercise of rights and obligations not limited by the court, associated with the need to leave the place of permanent residence (stay) at a certain time of the day (exercise the right to pension provision, acceptance of inheritance and the exercise of other rights in accordance with the legislation of the Russian Federation).

5. Consent to change the place of permanent residence (stay) is given by the penal inspection to the convicted person in the presence of the following exceptional personal circumstances:

a) change in the marital status of the convicted person;
b) providing the convicted person or close relatives with whom he lives, or the acquisition of residential premises by the convicted person or close relatives with whom he lives;
c) a serious illness of a close relative of the convicted person, threatening the life of the patient;
d) the impossibility of further finding the convicted person at his place of permanent residence (stay) due to a natural disaster or other emergency circumstance;
e) the need for the convicted person to receive medical care, if the required medical care cannot be obtained at the place of permanent residence (stay) of the convicted person or in medical organizations located within the territory of the relevant municipality;
f) the need to undergo an intermediate or final certification when a convicted person receives a correspondence education outside the territory of the relevant municipality.

6. Consent to change the place of work and (or) training is given by the penal inspection to the convicted person in the following cases:

a) change of the convicted person’s place of permanent residence (stay);
b) termination of the employment contract due to the employer changing the terms of the employment contract determined by the parties;
c) expiration of the employment contract concluded by the convicted person with the employer;
d) termination of an employment contract on the initiative of a convicted person in the event of an established violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract;
e) admission (transfer) of a convicted person to an organization engaged in educational activities;
f) the presence of medical contraindications that prevent the continuation of work and (or) study.

7. The convicted person, his lawyer (legal representative), as well as a close relative of the convicted person have the right to apply to the administration of the penal inspection with a written request to change the place of permanent residence (stay) of the convicted person, to change the place of work and (or) training of the convicted person, to leave a convicted person from his place of permanent residence (stay) at a certain time of the day, a visit by the convicted person to certain places located within the territory of the relevant municipality, or a convict leaving the territory of the corresponding municipal formation. The petition must contain information about the need to change the place of permanent residence (stay) of the convicted person, change the place of work and (or) education of the convicted person, leave the convicted person from the place of permanent residence (stay) at a certain time of the day, visit the convicted person to certain places located within the territory of the relevant municipal formation, or the convict’s departure outside the territory of the relevant municipal formation. Based on the results of consideration of the petition, the penal inspection shall issue a resolution indicating the motives and grounds for the decision no later than 10 days from the date of receipt of the written petition, and in the event of the death or serious illness of a close relative of the convicted person, threatening the life of the patient - no later than three days from the date of receipt written request. The decision of the criminal-executive inspection may be appealed in accordance with the procedure established by law.

Calculation of terms of restriction of freedom imposed as primary and additional punishment

Restriction of freedom can be imposed both as a primary and as an additional punishment.

The term of restriction of freedom imposed as the main type of punishment is calculated from the day the convicted person is registered with the penitentiary inspectorate. The period of restriction of freedom assigned as the main type of punishment includes the time the convicted person is held in custody as a preventive measure at the rate of one day in custody for two days of restriction of freedom.

When imposing restriction of freedom as an additional type of punishment to forced labor or imprisonment, as well as when replacing the unserved part of a sentence of imprisonment with restriction of freedom, the term is calculated from the day the convict is released from the correctional institution.

The period of restriction of freedom does not include the time of unauthorized absence of the convicted person from the place of residence for more than one day without good reason (Part 3 of Article 49 of the Penal Code of the Russian Federation).

The difference between restriction of freedom and imprisonment

The distinctive features of the analyzed types of punishment are:

both punishments according to the Criminal Code of the Russian Federation act as independent independent measures of criminal legal influence on persons who committed criminal offenses;
Both punishments, despite the fact that they relate to the freedom of the convicted person, however, the degree of that freedom in the event of its deprivation is literally reduced to a minimum, since the convicted person is completely isolated from the outside world and society by fences and the territory of the penitentiary institution, to which he is transferred for the entire term appointed by the court . The limitation lies in the conditional isolation of the convicted person, which is limited to the place of residence due to prohibitions on movement outside it, both on a territorial basis and on a temporary basis and the imposition of additional responsibilities.
Isolation within the framework of imprisonment is ensured by special measures. institutions of the country's penitentiary system (prisons, colonies, medical institutions), while restriction of freedom does not require placement in any specially designated institutions, but is served at home under the supervision of the territorial correctional institution.
The existence of restrictions on freedom in the sanctions of articles of the Criminal Code in domestic criminal law is relatively short-lived and starts in 2010. Imprisonment has been used for centuries as a criminal law measure, and is not a novelty for the current Russian code.
The category of crimes for which imprisonment is imposed are grave and especially grave; restriction of liberty is provided for crimes that the law regards as less grave.
Imprisonment within the framework of imprisonment can reach 20 years, and if there is a combination of sentences, then even 30 years, while the limitation provides for a term not exceeding 4 years.
Restriction of freedom is not always the main type of punishment, and may be additional to deprivation of liberty, while deprivation of freedom is always the main type of punishment.

Replacement of punishment in case of malicious evasion from serving a restriction of freedom

The concept of malicious evasion of restriction of freedom is enshrined in Art. 58 Penal Code of the Russian Federation. It must be borne in mind that restriction of freedom is replaced by another punishment only when it is assigned as the main punishment. Malicious evasion of a convicted person from serving a sentence in the form of restriction of freedom, imposed as an additional punishment, entails criminal liability under Art. 314 of the Criminal Code of the Russian Federation.

The court has the right to replace the unserved term of restriction of freedom with forced labor or imprisonment for a period of less than two months (respectively, at the rate of one day of imprisonment or forced labor for two days of restriction of freedom). These provisions are applied by the court regardless of whether the punishment in the form of forced labor or imprisonment is provided for by the sanction of the article of the Special Part of the Criminal Code under which the punishment was imposed. At the same time, replacing restriction of freedom with a punishment in the form of imprisonment is also allowed in relation to those convicted who, in accordance with Part 1 of Art. 56 of the Criminal Code of the Russian Federation cannot impose a sentence of imprisonment.

Conditional restriction of freedom

As such, the concept of conditional restriction of freedom is not contained in the Criminal Code of the Russian Federation. It in itself is considered conditional, since in fact the person is not isolated. The essence is simply to impose duties and restrictions on a person for a certain period of time; if they are fulfilled in good faith, no other measures of influence will be applied to the convicted person. At the same time, the person does not break out of society, but continues to be in it, in the family, attend work (study), etc.

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Kinds

Restriction of freedom, according to Article 53 of the Criminal Code of the Russian Federation, can be expressed in various restrictions on the rights of the convicted person . Depending on the type and degree of his guilt, the circumstances of the crime, the court passes a sentence that may impose the following types of restrictions :

prohibition on leaving the place of residence at strictly established times of the day;
a ban on visiting a specified list of places that are located on the territory of a certain municipality;
a ban on leaving the administrative boundaries of a particular municipality;
ban on visiting and participating in mass and other events;
a ban on changing the place of residence or location, the place of daily activities, both work and study, without first coordinating this issue with the criminal-executive inspection and obtaining permission from it.

For a convicted person, court orders are mandatory, prohibiting him from changing his place of residence and location , or leaving a certain territory, unless this issue is agreed upon with the criminal correctional inspection.

If a convicted person regularly received permission to travel outside the city on weekends, but for some reason did not receive it, and believes that he can travel as before, he is mistaken. By committing such an action, he violates the conditions of serving the sentence. The analogy with the reference that it is always allowed is not appropriate in such cases. The principle is simple : there is permission, there is action, there is no permission, which means you can’t do it.

It is also necessary to take into account that the imposed punishment can be either reduced or toughened . The Criminal Correctional Commission , which oversees the implementation of the punishment, may come to a conclusion about easing the punishment or strengthening it.

Considering and analyzing the behavior of the convicted person, its employees prepare an appropriate presentation to the court, in which they present the facts and confirm this with factual materials. The court considers this submission and, based on the results of the consideration, makes a decision to cancel or increase the restrictions previously adopted in relation to the person .

Deadlines

The legislator sets the terms of restriction of freedom from two months to four years .

This type of punishment is assigned for crimes of minor and medium gravity , and the length of the sentence depends on cumulative factors, which include the type of crime committed, the person’s involvement in it, his characteristics, whether he has previously committed criminal acts, if children, family, etc.

As in all cases, both aggravating and mitigating circumstances .

Who carries out the punishment?

The supervision of a person serving a sentence of restriction of freedom is carried out by the criminal correctional inspection . It is its employees who exercise control and supervision over those convicts who are not deprived of their freedom and are not sent to places of deprivation of it.

A person sentenced to this type of punishment shall bear it at his place of residence. At the same time, he is obliged to comply with all instructions and comply with the restrictions established by the court verdict.

To do this, he needs to regularly appear at the criminal correctional inspection. The regularity of such occurrences will be indicated in the body itself. As a rule, this is from once a week to once a month . The purpose of appearances is for the registration procedure.

In some cases, employees of the criminal correctional inspection have the right to call the convicted person additionally .

This happens in cases where it is necessary to receive explanations, both oral and written, that relate to events and issues of serving the sentence assigned to him.