After the trial, how is detention in a pre-trial detention center until the verdict comes into force? - Lawyer in Samara and Moscow - representation in court and legal services

Detention is a short-term restriction of freedom of a person suspected of committing a crime. Detention is possible only in cases where one of the possible punishments for the crime is imprisonment.

More details about police detention: the procedure, grounds and deadlines can be found in this section.
How long are they in the temporary detention center?
Let's turn to the Code of Criminal Procedure.
The period of detention should not exceed 48 hours from the moment of actual capture of the citizen. During this time, the investigator or inquiry officer finds out the person’s involvement in the crime committed and decides whether there is a need to choose a preventive measure and, in particular, to apply to the court for detention. Consequently, after 48 hours, a detained citizen can either be released or transferred to a pre-trial detention center. Many suspects are concerned about the question: for how long can detention be extended?
The answer is contained in paragraph 3, part 7, article 108 of the Code of Criminal Procedure, according to which the detention can be extended by the court for another 72 hours from the moment the court makes a decision on the extension. Consequently, purely theoretically, the maximum period of detention on suspicion of committing a crime when extended by a court can be 120 hours or 5 days; in practice, taking into account the fact that the decision to extend the period of detention is not made by the court at the last minute of the 48th hour of detention, this period is somewhat shorter.

It should be borne in mind that detention as a short-term restriction of freedom is also used in cases of administrative offenses. Administrative detention is allowed for a period of up to 3 hours from the moment of delivery, and in some cases, for example, in cases entailing administrative arrest as punishment, administrative deportation from the Russian Federation, also in cases encroaching on the border regime, violation of customs rules - up to 48 hours.

In pretrial detention before trial: how long do suspects and accused stay in prison?

A person is placed in a pre-trial detention center if the investigator's or inquiry officer's request for detention was granted by the court. Please note that this preventive measure is exceptional. It is applied when a person faces imprisonment for more than 3 years, and only in the absence of conditions for choosing another, more lenient measure of restraint; The detention of persons suspected or accused of committing the crimes listed in paragraph 1.1 of Art. 108 of the Code of Criminal Procedure of the Russian Federation for crimes in the economic sphere, if these crimes were committed in the field of entrepreneurial activity. Meanwhile, detention may be chosen as a preventive measure in the above cases, that is, for crimes in the field of entrepreneurial activity and in cases for which a sentence of imprisonment of less than 3 years can be imposed, in the presence of one of the following grounds :

there is no permanent place of residence in the Russian Federation;
the identity of the suspect or accused has not been established;
the previously chosen preventive measure was violated;
the suspect or accused has fled from the preliminary investigation authorities or the court.

It should be borne in mind that a list of diseases has currently been approved, the presence of which prevents the selection of a preventive measure in the form of detention in relation to a suspect or accused. The list itself and the procedure for medical examination are approved by Decree of the Government of the Russian Federation of January 14, 2011 No. 3 “On medical examination of suspects or accused of committing crimes.”

An important tool for an investigator: why pre-trial detention centers are not emptied

In Russia, there are eight types of preventive measures: from recognizance not to leave the place to detention. The less serious the crime the accused is charged with, the greater his chances of receiving a measure that will not be associated with imprisonment, says Dmitry Soldatkin, managing partner of the Soldatkin, Green and Partners MCA (SZP Law) of the Soldatkin, Green and Partners MCA ( SZP Law) Federal rating. group Family and inheritance law group Labor and migration law (including disputes) group Criminal law. The law provides that if the penalty does not exceed three years of imprisonment, then the person involved in such a case should be taken into custody only in exceptional cases. Nevertheless, investigators are trying to place the accused in a pre-trial detention center. At the beginning of this year, there were 99,722 people there. Of these, 9,625 are in the capital’s isolation wards. This is almost 11% higher than the established norm. The limit on the number of prisoners in Moscow pre-trial detention centers has been exceeded for the seventh year in a row.

How long can you be detained?

Current legislation provides that, as a general rule, an accused can be kept in custody during the investigation of a crime for no longer than two months. But this period of the Code of Criminal Procedure allows for extension.

2 months in custody. To extend this period, the investigator informs the court that he did not have time to complete the preliminary investigation.
6 months in custody. To extend this period, two conditions must be met at once. Firstly, the accused is accused of committing a serious or especially serious crime. Secondly, the investigator must indicate specific circumstances indicating the particular complexity of the criminal case.
12 months in custody. To extend this period, the accused must be in the category of especially serious crimes (murder, receiving a bribe on a large and especially large scale, extortion committed on a particularly large scale or committed by an organized group).
18 months in custody is the maximum period of custody at the preliminary investigation stage.

No later than a month before the maximum year and a half in the pretrial detention center expires, the investigator is obliged to provide the accused and his defense with the case materials for review. If law enforcement officers do not have time to do this, the prisoner must be immediately released. But at this stage, new tricks of the security forces begin. Firstly, the investigation can resume the preliminary investigation on far-fetched or pre-prepared grounds, says a former investigator of the Investigative Committee for especially important cases, and now a partner at the Law Office ZKS Law Office ZKS Federal Rating. Criminal Law group 16th place by revenue per lawyer (less than 30 lawyers) 41st place by revenue Company profile Alexey Novikov. Thus, at least three more months of the accused’s stay in the pre-trial detention center are virtually guaranteed.

Another option is to delay the procedure for familiarizing yourself with the case. The law does not indicate anywhere that the investigator at this stage is obliged to provide all the materials of the case at once. Sometimes this is impossible due to technical reasons, notes lawyer Knyazev and partners Knyazev and partners Federal Rating. group Criminal Law Company profile Artem Chekotkov: “And having met the deadline once established by law, the investigator can subsequently present volumes of the case to the accused in portions, one or two per week.”

Ex-investigator of the Ministry of Internal Affairs, lawyer Law Office "Thorn" Law Office "Thorn" Regional rating. Farhad Timoshin confirms this approach and explains it also by the fact that at the beginning of the familiarization the case is usually not sewn together and not numbered: “There are a couple of volumes that allow you to read 50–100 pages a day. And during this time, everything else is completed and completed in hindsight.” The process is dragging on, and the investigator asks the court to leave the accused in custody in order to “complete the familiarization of the accused and their defense attorneys in connection with the significant volume of materials in the criminal case.” In such cases, the court is obliged to find out why such a delay occurred and whether it was due to the ineffective work of the investigator (Resolution of the Plenum of the Supreme Court No. 41 of December 19, 2013 “On the practice of courts applying legislation on preventive measures in the form of detention custody, house arrest and bail"). But in practice, the courts do not actually check the validity of the security forces’ arguments, states Lyudmila Shchedrova from Feoktistov and partners Feoktistov and partners Federal Rating. Criminal Law group.

Another trick is to charge the arrested person with another charge, but more serious. Investigators accuse those who are accused of fraudulent charges of creating a criminal group (Article 210 of the Criminal Code), the lawyer gives an example. Thanks to this “artificial qualification,” the period of detention can be extended from one year to one and a half years.

The terms discussed relate only to the preliminary investigation stage. When the case is sent to court or returned to the prosecutor for further investigation, the period of detention begins to be calculated anew. Thus, the court can extend the arrest of the accused when the case is returned to the supervisory authority, even if he has been in jail for much longer than 18 months. Because of such regulation, a resident of the Moscow region, Sergei Makhin, spent more than five years in arrest: the court twice returned his case to the prosecutor’s office. The accused appealed to the Constitutional Court the provisions of the Criminal Procedure Code, which allow keeping a prisoner in a pre-trial detention center for an unlimited amount of time. But the Constitutional Court recognized such regulation as lawful, pointing only to the need to correct all errors in the investigation within a reasonable time.

In practice, the investigator often tries to place the accused in custody in order to put pressure on him if he does not admit his guilt, explains lawyer Zabeid and partners Zabeid and partners Federal Rating. Group Criminal Law Nikolay Yashin. The investigator in this case gives formal arguments, the expert says: “For example, that the person is not burdened with a family or is not officially employed, is accused of committing a serious / especially serious crime, and therefore can hide.” But such an approach looks outdated in the age of modern technology, says Vyacheslav Yablokov, managing partner of Yablokov and partners of Yablokov and partners of Regional Rating. group Tax consulting and disputes group Criminal law group Dispute resolution in courts of general jurisdiction: “When there are tracking bracelets, and the alarm goes off instantly, the accused only has to move 30-50 meters away from the place where he was placed under house arrest.” The lawyer agrees with his colleague and also claims that sending him to a detention center is a way to make a person more accommodating and encourage him to admit guilt; this method makes the work of law enforcement officers easier.

I don’t know of a single case where a person placed under house arrest escaped. There are rare cases when you were a few minutes late from a walk, violated the perimeter of the walk (went further than the established 2 km), or one of the persons on business came home. But I don’t know of any cases where someone would run away or threaten witnesses while under house arrest.

Vyacheslav Yablokov, managing partner of Yablokov and Partners

Condition of insulators

The main challenge behind bars is the unsatisfactory conditions in Russian detention centers. Complaints about this reach the ECHR every year. In 2012, the Strasbourg court in the case “Ananyev and others v. Russia” ordered Russia to urgently take measures to eliminate torture conditions in pre-trial detention centers. The court indicated that overcrowding in detention centers is due to the abuse of arrests as a preventive measure, and Russian prisoners do not have effective legal remedies. At the same time, prisoners from the capital’s detention centers also complain about similar violations. Thus, Sergei Karachentsev from St. Petersburg sued the ECHR for compensation for being kept in an overcrowded cell measuring 18 square meters for almost a year. m, where 10 prisoners were accommodated in eight sleeping places, although the standard area for one prisoner in a pre-trial detention center is at least 4 square meters. m.

According to Yashin, the arguments of complaints to the ECHR about conditions of detention in detention centers usually boil down to several points:

overcrowding of cells, which is why you have to take turns sleeping;
the presence of parasites (bugs, lice, cockroaches);
the need to relieve yourself in the cell in full view of all the inmates;
the presence of smokers and non-smokers in the same cell in the absence of ventilation;
metal blinds on the windows that prevent sunlight from entering the cell.

The expert claims that conditions in the capital’s and Moscow region’s detention centers are gradually changing for the better: “One of the clients had a fenced-in toilet in his cell, and if there was overcrowding, it was temporary and for a couple of people.” Nevertheless, everything may depend on the specific cell, Yashin emphasizes: “Even within the same pre-trial detention center, conditions of detention may differ.”

It all depends on the region, the management of the institution, the occupancy of the isolation wards and many other factors. In some places an electronic queue has been introduced and is successfully functioning, in some places repairs have been made or a new pre-trial detention center has been opened, and there are others that do not require permission from an official to visit a client. But overcrowding in the pre-trial detention center, lack of full staff, and insufficient number of investigative rooms nullify all improvements. When the pre-trial detention center is overcrowded, the opportunity to sign up for the electronic queue sometimes arises once a week. The lack of a full staff of employees and their reluctance to work lead to the fact that the defendant has to wait for hours to be brought to the investigative office. Only an integrated approach in each such institution can change the current deplorable situation.

They are gradually trying to solve the problem of allowing lawyers to see their clients. For this purpose, an electronic queue is being introduced into pre-trial detention centers. But so far such a system operates only in 60 isolation centers, a third of which are located in the capital regions: Moscow, St. Petersburg, Moscow region and Leningrad region. But in most constituent entities of the Russian Federation, the situation with access to clients remains at a difficult level, Shchedrova states. Even in the capital, there is still an unwritten rule that a lawyer will not be allowed to see a client in a pre-trial detention center without permission from the investigator, says partner Koblev and partners Koblev and partners Federal Rating. Group Criminal Law Profile.

Change of measure, new norm

If it was not possible to avoid arrest initially, then it is worth trying to soften the measure of restraint in the future. Firstly, this can be done on formal grounds - when the stage of criminal proceedings changes. If all investigative steps have been completed and evidence has been collected, then the court has the right to come to the conclusion that it is unnecessary to continue to keep the person in custody, Shchedrova explains. It would be a good idea to involve the ombudsmen’s offices, the media and the public, Novikov recommends. But, according to him, it is much more effective to prevent an arrest than to later “turn back the state machine.” The second option is to change the measure of restraint on “subjective” grounds. This is possible when the prisoner admits guilt, actively cooperates with the investigation and exposes other accomplices.

House arrest: how to survive it as a businessman

Finally, the most successful scenario is that the arrest is canceled, since there is no evidence that the accused will interfere with the investigation, may escape or continue to engage in criminal activities, the lawyer says. Then the accused may be placed under house arrest, released on bail, personal guarantee or undertaking not to leave, or a new measure may be applied to him - a ban on certain actions (Article 105.1 of the Code of Criminal Procedure). It was introduced here last spring. Depending on the severity of the crime, the duration of such a measure is 1–3 years.

To prohibit some actions, the judge needs to immerse himself in as much detail as possible into the circumstances of a particular case. And in this case, it will not be possible to limit oneself to general phrases and references to the fact that the accused can threaten unspecified abstract persons, notes Chekotkov. But such a measure will contribute to an effective investigation, the expert is sure. According to Caselook, it is used mainly for persons involved in cases of theft or fraud.

At the same time, the introduction of a new preventive measure has worsened the situation of those who choose house arrest. According to the old rules, such prisoners were allowed to take walks in certain cases, but now the courts proceed from the fact that the ban on leaving the living quarters is absolute, notes Soldatkin. Since house arrest is used more often than a ban on certain actions, the introduction of Art. 105.1 of the Code of Criminal Procedure has worsened the situation of the prisoners, the lawyer states. The legislator’s flaw is also the fact that so far the time for which certain actions are prohibited does not count towards the final sentence, the expert emphasizes.

The role of the court and the legislator

The experts interviewed agree that the role of the court needs to be made more active when it comes to determining the preventive measure and its extension. It is the court that must stop situations where the investigator justifies the impossibility of completing the investigation solely with unfounded and sometimes false facts, Shchedrov draws attention. According to her, in the investigator’s petition to extend the period of detention, one can sometimes find assurances that the extension of the period is required to examine phonograms or video recordings, and this requires a lot of time. But then, already at the stage of familiarization with the case materials, it turns out that these actions were either never carried out by the investigator at all, or were carried out in a different period of time, says the lawyer.

Another bad practice that should be gotten rid of is the attempts of investigators to “circumvent” the legislative ban, according to which entrepreneurs cannot be sent to pre-trial detention centers. According to Shchedrova, the courts in such cases send businessmen to pre-trial detention centers, using the abstract formulation that “the acts incriminated against the accused cannot be regarded as directly related to legal business activities.” Although from the point of view of the Civil Code, these actions meet all the signs of entrepreneurial activity, the expert notes.

First, it is necessary to ensure compliance with the law already in force. There is no point in changing anything and introducing more and more new norms if they are not enforced anyway. Every effort must be made to eliminate a formal approach to the performance of their duties by officials.

Alexey Novikov, partner at ZKS AB

Khutov explains such harshness of the courts on the issue under discussion by the fact that judges are afraid to make soft decisions so as not to be suspected of bribery. Another reason is that judges do not always know the real conditions in Russian detention centers, Yablokov believes. To eliminate such a factor, he proposes to introduce mandatory visits to the pre-trial detention center at least once every three years for those judges who are on duty with arrest materials: “And not just walk around the yard, but visit the cell, see the life and way of life of a person, look at the conditions, to which people are sent by their decisions.” The lawyer is confident that such an innovation will be more effective than any explanations from the country's highest judicial body.

Our laws are excellent, and if they are observed, the pre-trial detention center can be relieved, but law enforcement is lame. Everyone nods at each other.

Farhad Timoshin, lawyer at Torn Law Firm

Another conceptual innovation could be the introduction of a system of mandatory criteria by which the social danger of a person and the crime charged to him will be assessed. This option is offered by lawyer, partner of Romanov & Partners Law Firm Romanov & Partners Law Firm Federal rating. Group Criminal Law Company Profile Matvey Protasov, who considers such criteria to be more objective than simply the severity of the crime.

What could be the criteria?

1) On the objective side of the act: the accused committed a violent or non-violent crime.

2) By motive and purpose: selfish, hooligan or for the purpose of defense.

3) According to the properties of the subject himself: whether he committed it for the first time or not, whether he has a tendency to violence, what characteristics he has.

The ban on imprisonment for “entrepreneurial” crimes is a special case of the application of this concept.

Another problem is that the current law does not provide for the possibility of combining restrictions for the accused. This leads to the fact that the investigator chooses the most favorable option for himself - detention, states Chekotkov. And ideally, according to him, it is necessary to construct from a mass of different prohibitions the optimal version of the security mechanism that is suitable for a specific situation. He cites the example of France, where an alternative to detention is the so-called institution of judicial control, which includes 16 options for restrictions. And the investigating judge can combine, change or cancel them at his own discretion.

Alexey Malakhovsky

criminal process

Does detention count towards the term of imprisonment?

Detention is, in essence, a preventive measure, an “insurance” for the investigation—a citizen’s freedom is limited, although he has not yet been officially found guilty. Therefore, the state rightly provided a system for counting the terms of detention against the term of the sentence imposed.

According to Article 72 of the Criminal Code of the Russian Federation, a day spent in a pre-trial detention center is equivalent to:

1 day of imprisonment, arrest, forced labor;
2 days of restriction of freedom;
3 days of correctional labor or restrictions on military service;
8 hours of compulsory work.

It is interesting that if a person was placed in custody, released, and then again placed in custody for the same case, the time spent in the pre-trial detention center for the second time includes the time previously spent there for the first arrest.

What can be transferred to a pre-trial detention center?

First, you need to determine what a prisoner is, in principle, allowed to have with him. A detailed list is provided in:

Order of the Ministry of Justice of October 14, 2005 N 189 “On approval of the internal regulations of pre-trial detention centers of the penal system”, namely in “Appendix 2” - this is the “List of essential items, shoes, clothing and other industrial goods, as well as food products that suspects and accused persons may carry, store, receive in parcels and transfers, and purchase by bank transfer.”

It’s worth noting right away that the list is quite impressive, even despite the specifics of this institution.

So, the prisoner is allowed to have with him:

clothes in one set (including the established pattern) without waist belts, suspenders and ties, shoes without arch supports, metal heels: shirt;
suit (jacket), trousers;
dress;
skirt, shorts;
sweater (jacket);
summer/demi-season jacket;
winter jacket (coat, sheepskin coat, fur coat);
tracksuit or dressing gown for women;
demi-season sports hat (cap, baseball cap), headscarf;
winter hat (cap, baseball cap);
gloves (mittens);
summer/demi-season shoes;
winter shoes;
sports shoes;
slippers;
underwear no more than 4 sets:
underpants;
socks (knee socks);
bra;
T-shirt (t-shirt);
stockings (tights), leggings;
handkerchiefs (knitted, paper);
toiletries (toilet, laundry soap, toothpaste (powder), dental floss, toothbrush, plastic cases for soap and toothbrush, comb, comb, nail clippers without sharp elements and files, cotton swabs, cotton pads);
electric razor, disposable safety razors;
duffel bag or bag;
glasses and plastic cases for glasses;
hand cream (face, body), gauze, hairpins, Vaseline, cotton wool, sanitary tampons, pads, cosmetics, plastic curlers (for women);
crutches, wooden canes, prostheses (with a doctor’s permission);
a factory-made household electric boiler or electric kettle with a power of no more than 0.6 kW;
with the doctor's permission, an electric tonometer, a glucometer, a hearing aid, consumables and batteries for them;
a washcloth or sponge, a foam sponge for washing dishes;
ballpoint or gel fountain pen, refills for it (black, purple, blue), a simple pencil;
writing paper, notebooks, plastic files or folders, postal envelopes, postcards, postage stamps;
toilet paper, including those issued or purchased in a store (stall);
religious items for body or pocket wear;
plain white or beige bed linen in one set (two sheets and a pillowcase), towels (no more than 2 pieces), a textile sleep mask, earplugs;
literature and periodicals from the library of the pre-trial detention center or purchased through the administration in the trading network, with the exception of materials with extremist, erotic and pornographic content;
photo cards;
board games (checkers, chess, dominoes, backgammon);
plastic or aluminum mug, plastic plate, spoon, fork (plastic mug and cutlery should be intended for hot dishes and reusable);
diapers, including disposable, disposable diapers;
child care items, children's clothing (for women with children under three years of age).

A prisoner is allowed to have all of the above, respectively, within reasonable limits and quantities; the same list applies to what can be transferred in parcels and packages.

It is also worth considering that according to the aforementioned Order of the Ministry of Justice No. 189, the prisoner is provided with the following items for personal use:

bedding: mattress, pillow, blanket;
bed linen: two sheets and pillowcases;
towel;
tableware and cutlery: bowl (for meals), mug, spoon;
clothes for the season (if you don’t have your own);
books and magazines from the library;
soap;
Toothbrush;
toothpaste (tooth powder);
disposable razor (for men).
For general use in cells, in accordance with established standards and based on the number of persons held in them, the following are issued:
laundry soap;
toilet paper;
periodicals from the library of the pre-trial detention center;
board games: checkers, chess, dominoes, backgammon;
camera cleaning items;
sewing needles, scissors, knives for cutting food (can be issued to suspects and accused persons for short-term use under the control of the administration).

Taking this into account, unless absolutely necessary, at the request of a prisoner, items from this list should be selected wisely, taking into account the weight restrictions of transfers and parcels. For pre-trial detention centers, the maximum monthly volume of transfers should not exceed 30 kilograms.

Right to rehabilitation

There are situations when, during the investigation, it becomes clear that a person is not involved in a crime or that there is no crime as such. What happens in this case?

The investigator (inquiry officer) decides to terminate the criminal case or criminal prosecution, the judge pronounces an acquittal, and the suspect or accused has the right to rehabilitation. The longer the period of detention of the suspect before a court decision or the period of stay in a pre-trial detention center, the greater the compensation. The state compensates for lost earnings, attorney's fees, loss of ability to work, the value of confiscated property and other harm caused to a person as a result of illegal and unfounded criminal prosecution and restriction of his freedom. In addition, the person is restored to his labor, housing and other rights. The right to rehabilitation is recognized by the court or investigator.

You can claim monetary compensation in court. The rehabilitated person may also demand compensation for moral damage according to the rules of civil proceedings. The court independently sets the amount of compensation, but if the person disagrees with this amount, the person has the right to appeal the decision.

How to send

There are three main options for sending a parcel to a prisoner in a pre-trial detention center:

in person;
through the internal store of the detention center;
through specialized online stores.

When was the law published?

Already on July 3, 2021, a law amending Article 72 of the Criminal Code of the Russian Federation was posted on the official Internet portal www.pravo.gov.ru, which was adopted by the State Duma on June 21, 2018, and approved by the Federation Council on June 27, 2018.

According to this law, the following changes are introduced to Article 72:

the time during which the accused is in custody before the court considers the case and makes a decision will now be counted towards the period of detention in a military unit with a ratio of 1:1.5, that is, one day to one and a half days;
if we are talking about restriction of freedom, forced labor or arrest, then the ratio will be 1:2, that is, one day in two days;
if it comes to correctional work, then the ratio is: 1:3.

In what cases is a year and a half in a pre-trial detention center not taken into account?

The law clearly states in which cases a year and a half is not taken into account, but a 1:1 ratio is taken:

if a person has been convicted of a serious or especially serious crime;
if the crime committed by the person is related to terrorist activities;
if the convicted person has repeatedly committed crimes, that is, he is a repeat offender;
if a person was convicted of a crime under Art. 228 for drug trafficking;
if the perpetrator was convicted of theft and/or extortion of psychotropic and narcotic substances;
if a charge of treason has been brought;
if the accused was convicted of espionage - collecting, storing and stealing information for transfer to foreign states;
if a charge was brought for committing an act of international terrorism - the person committed arson, explosion or other actions that endangered the life and health of people.

People who have been charged by a court with committing grave and especially grave crimes are not subject to the new amendments.

They will serve their sentences according to the old principle; they are not subject to the new law, which came into force on July 14, 2018.

Does the innovation apply to persons under house arrest?

Yes, it does . According to the innovations, a person in this case can count on a reduction in terms of imprisonment at the rate of: 2 days of house arrest for 1 day of detention or for 1 day of imprisonment.

Within what period must the provisions of the new law be implemented?

Article 2 of the amendments to the law states that the provisions of the new law should come into force:

within 3 months from the date of signing the law in relation to those criminals who are in an educational colony and in a colony-settlement;
within six months from the date of signing the law in relation to those criminals who are serving sentences in high-security colonies, as well as persons who have been sentenced by the court in the form of compulsory, corrective and forced labor. Also, the provisions come into force within 6 months for military personnel who are serving a sentence in a disciplinary military unit or in limited military service.

In 2021, amendments to Article 72 of the Criminal Code of the Russian Federation have already entered into force . According to the latest data, the law has already been adopted and will come into force on July 14, 2018.

According to the new law, 1 day in a pre-trial detention center = 1.5 days in a general regime colony, as well as an educational colony.

How will the time served be recalculated?

The recalculation of the term will be carried out in court based on the defendant’s application.

What does the new law provide? Last news

Innovations regarding serving time in a pre-trial detention center and recalculating days of punishment have been considered by deputies for more than 10 years. Fortunately, the President has already signed a new bill into law in 2021.

But why did the debate last for so long and why did legislators take so long to achieve amendments:

Experts argued that the conditions in the pre-trial detention center are bad, even worse than in correctional institutions. In their opinion, people who are in a pre-trial detention center for an indefinite period of time are treated incorrectly, inhumanely, without taking into account the length of their stay in the pre-trial detention center in the general correctional period. The fact is that in pre-trial detention centers prisoners sit as if in a cage. They are prohibited from doing anything and are only entitled to a 1-hour walk per day.
Some experts argue that investigations in numerous criminal cases related to the economic sphere are deliberately delayed, and investigators deliberately keep the accused in pre-trial detention for a maximum period of 1 year. With new amendments to the bill, investigators will finally stop delaying the process.

The amendments entered into force under Art. 72 of the Criminal Code of the Russian Federation are aimed at mitigating criminal legislation, since they imply a period of serving a sentence of 1 day in a pre-trial detention center = 1.5 days in a general regime colony, two days if we are talking about house arrest.

The previously established “day by day” rule no longer applies, but the innovations do not apply to those criminals who are serving sentences for serious and especially serious crimes.