How does restriction of freedom differ from probation?

Restriction of freedom

“Restriction of freedom” is considered to be one of the types of punishment, which is the main one in judicial practice. This form of punishment is that a person who has reached the age of 18 is subject to restrictions on his location, movement and communication - all this is done without isolating the person from society. The convicted person will be supervised by representatives of the penal inspection.

A person sentenced to restriction of freedom will face a punishment that he must bear at his place of location, while he will have to impeccably comply with all restrictions prescribed by the court, and periodically register with the penal inspection, or appear to give oral testimony. , or in writing and solutions to issues related to the sentence he is serving.

What is the limitation of freedom?

The accused has no right:

1. Leave your house, apartment, or other place of residence within a specified time interval.
2. Travel outside the territory permitted by the court for stay,
3. Attend cultural events, as well as take direct part in them.
4. Change your place of residence, stay, or education at will, without coordinating your actions with the penal inspection, which in turn monitors the serving of the sentence.

The restriction on a convicted person to change his place of residence or stay is established by the court and is mandatory (this also includes leaving the established territorial boundaries related to the relevant municipality).

For all changes in the life of a convicted person, it is necessary to obtain consent from a specialized government agency.

FAQ

What is a criminal amnesty?

Amnesty (Article 84 of the Criminal Code) is an act of the legislative body of the country in relation to an individually unspecified circle of persons who have committed a crime, in accordance with which the persons specified in it are exempted from criminal liability or from punishment, the punishment assigned to them is mitigated or replaced by a more lenient one, and persons who have served their sentences have their criminal records expunged early.
The amnesty is declared by the State Duma of the Federal Assembly of the Russian Federation in relation to an individually unspecified circle of persons (clause “o” of Article 71, clause “e” of Part 1 of Article 103 of the Constitution of the Russian Federation, Part 1 of Article 84 of the Criminal Code).

By its legal nature, amnesty is a complex legal institution: it is both a constitutional legal act (resolution of the State Duma) and an important event of a criminal legal (and also, to a certain extent, criminal procedural and criminal executive) nature. .

Form of punishment

Within the framework of criminal legislation, restriction of the offender’s freedom is provided as:

• The main punishment.
• Additional.

The first option is established by the court for a certain category of offenses - crimes of minor and medium gravity (period from 2 months to 4 years).

Additional punishment in the form of restriction of freedom (for a period of 6 months to 2 years) is closely related to the main punishment, which, in turn, is imprisonment.

Probation

The main task when assigning punishment for an offense is to correct the personality of the offender , and not to apply any strict punishment to him. Often, people serving the law want the offender to return to society as a reformed person, and not as a person with a broken fate and a prison sentence behind him.

Some people who have broken the law for the first time are not subject to detention; they are given a suspended sentence.

A suspended sentence is usually called a special measure of a criminal law nature, which consists of correcting a person who has violated the letter of the law.

Commentary to Art. 73 of the Criminal Code of the Russian Federation

The latest version of the criminal law clearly defines what a suspended sentence is. In addition, the legislator has determined that only its main types can be replaced with a conditional form of punishment.

If the court is considering the possibility of correcting a person who has committed several crimes without serving a real sentence, it has the right to establish a suspended sentence based on the sum of the terms for all the offenses considered in court in the aggregate.

The following types of criminal sanctions cannot be replaced by a suspended sentence:

• fine;
• compulsory work activity;
• deprivation of the opportunity to carry out a certain type of activity;
• deprivation of the opportunity to occupy certain positions.

When the court makes a decision to replace the term with a suspended sentence, it is necessary to indicate the justified reasons for the decision.

The regulatory framework of court decisions allows us to establish that decisions on choosing an alternative measure of responsibility are made by judges for all categories of criminal offenses. This takes into account the fairness of the relationship between the action committed and the punishment imposed and the real chances of complete correction of the person in order to prevent him from committing new crimes.

If a person on probation violates the rules of conduct established by the court, the supervisory and control body has the right to submit to the court a proposal to increase the probation period or to include additional duties of the convicted person. The court may increase or decrease the terms and add or remove some duties. The court does not have the right to supplement the authority’s requirements with its own options.

When is a suspended sentence applied?

Not all people who have committed crimes are villains who need to be isolated from society; some people need a chance to restore their reputation, which they successfully realize. A suspended sentence for many criminals is an indicative example of judicial mercy, which radically changes the lives of many lost people.

The suspended sentence applies to persons:

1. Those who have committed a criminal offense for the first time.
2. The activities of which led to not too serious consequences of the actions (if the convicted person faces up to 8 years in prison).
3. Those who have mitigating circumstances for committing a crime are the cause of the offense committed.

What does the court consider when making a sentence?

According to Part 2 of Article 73 of the Criminal Code of the Russian Federation, when the court imposes a suspended sentence, it takes into account the nature and degree of public danger of the crime, the identity of the perpetrator, as well as mitigating and aggravating circumstances.

Public danger is a material sign of an offense. In other words, it is a threat to society, as well as the extent to which the crime committed had a harmful effect on others.

If a crime does not cause great harm to anyone or anything, it does not pose a public danger and is called minor.

Mitigating and aggravating circumstances are circumstances of a crime that can weaken or enhance punishment and affect the assessment of the act.

Mitigating circumstances are described in Part 1 of Article 61 of the Criminal Code of the Russian Federation. The list includes:

• presence of pregnancy;
• minor children of the offender;
• committing a crime for the first time;
• the age of the offender is under 18 years;
• committing a crime due to force majeure;
• if the offender provided assistance to the victim immediately after the crime was committed;
• sincere confession;
• coercion to illegal actions;
• provoking actions of the victim;
• if the attack exceeded the limits of self-defense.

Article 63 of the Criminal Code of the Russian Federation describes aggravating circumstances. These include:

• serious consequences of the offense;
• relapses;
• commission of an offense by a group by prior conspiracy;
• racial, political motives for the crime;
• sadim, cruelty;
• committing a crime against a defenseless person - for example, a child, a pregnant woman;
• involvement of citizens suffering from mental illness in crime;
• if the motive of the crime is revenge;
• use of weapons;
• committing a crime in an emergency situation, natural disaster, or during military operations;
• use of official clothing, documents, uniforms;
• breach of trust;
• if the criminal is an employee of the Ministry of Internal Affairs.

Example No. 1: A girl, while attending a concert of a famous singer, sneaked backstage and stole an item of the performer’s wardrobe—a neckerchief—as a “memento.” This crime has no public danger. In addition, according to Russian legislation, if the value of the stolen property does not exceed one minimum wage, then an administrative penalty is imposed.

A mitigating circumstance was that the citizen committed such an act for the first time. In addition, she repented, admitted guilt, and was also positively characterized by her employer. This act did not result in any harmful consequences. No aggravating circumstances were found and the case was dismissed on the grounds of insignificance.

Example No. 2: A father raising three sons kept them under a tight rein. He controlled every step, used physical violence against them, locked their houses, and did not allow them to attend educational institutions. Two sons reached adulthood, but continued to live with their father. One day, having previously planned the crime and their roles in it, they killed their father.

The aggravating circumstances here are that the crime was committed by three people, having previously agreed on how and when they would do it; their state of intoxication at the time of the crime; the particular cruelty of the crime - during the murder, more than 50 stab wounds were inflicted, then the corpse was dismembered. A mitigating circumstance will be the minor age of the youngest son.

Example No. 3: Having been released from prison, a man did not look for official work. In order to get money, he went to a holiday village. There he began to look for houses whose owners were absent, found products made of non-ferrous metal and stole them. In this way he committed several thefts.

In the last country house, he did not notice the presence of the owner and his young daughter. Having entered the house, he frightened the child with his appearance, who began to scream and call for help. The father came running and detained the criminal and called the police.

Aggravating circumstances in this case will be the fact that this is a relapse. Also, the frightened child stopped talking due to stress and required long-term treatment from specialists. This will also be an aggravating factor when choosing a punishment by the court.

A suspended sentence applied to different categories of citizens entails different consequences.

Some perceive conditional punishment as an act of mercy, of trust that must be justified. Others perceive it as a clever trick or a lucky coincidence of circumstances, thanks to which they managed to avoid responsibility.

Determination Test

Upon receiving such a sentence, the convicted person must prove to the employees of the criminal correctional inspection that he has reformed. This organization will constantly monitor him; it is she who must establish that the convict has taken the path of correction and will no longer commit those acts and actions that could again lead him to commit a crime.

A sentence passed in court establishes for the convicted person to comply with a number of restrictions, where the following are prohibited:

• Willful change of place of residence or stay,
• Traveling outside the state in which the probationer resides,
• Failure to appear for registration at the criminal correctional inspection.
• A person who receives a suspended sentence does not stop living an ordinary life. He has the right:
• Study in educational institutions,
• Engage in public affairs
• Serve.

What is the penalty for a new crime?

If a person commits a new crime while on probation, the situation becomes much more complicated.

A citizen may be given a suspended sentence and sentenced to imprisonment for a certain period, arrest, or a fine.

It is impossible to name exact measures; it all depends on the act committed and its severity.

There is no need to think that with a suspended sentence, a new crime will not be noticed. On the contrary, it will have a negative impact on the offender. In most cases, such criminals face imprisonment.

A suspended sentence is often imposed if the crime does not pose a danger to society.

If the crime is not serious, the sentence is commuted and the citizen avoids imprisonment.

However, even in this case, it faces certain limitations and consequences. He must comply with certain requirements, if ignored, the violator may end up in prison or under arrest.

What is probation? How to understand? Find out about it in the video:

https://youtube.com/watch?v=aujM4yx6t3A%3Fecver%3D1

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