How is time in a pre-trial detention center calculated, one and a half days or two days?

The reason is inattention

According to lawyer Maxim Ageev, from a legal point of view, all agreements on the transaction were drawn up correctly and there seemed to be no fraud. But in fact, Natalya was told one thing, but on paper they were given something completely different. “If Natalya does not prove to the court that the real circumstances differ from the legal ones, then the chance of returning the money becomes minimal. Therefore, now our task is to find people who have suffered in the same way from the actions of the credit institution. The pension fund knows that this case is not an isolated one,” notes Maxim Vladimirovich. “The company’s employees said that they would freeze the interest, but due to her legal illiteracy, Maltseva did not demand to sign a paper that this would indeed be the case. As a result, the consideration of the complaint by the prosecutor’s office lasted three months, and the debt accumulated interest.”

According to the lawyer, again out of ignorance, clients of certain organizations often confuse the loan agreement and the provision of services, where it would be stated that the company undertakes obligations to prepare all documents. In fact, they only promised this verbally, which means they do not bear any legal responsibility for the mistakes made. “Our task now is to find more victims. We will demand termination of the contract and raise the issue of initiating a criminal case under the article “fraud.”

Checking the registration of the company SKKK Alfa-Resurs

The organization has been officially registered in the Unified State Register of Legal Entities since November 2008, the scope of its activities corresponds to the stated ones:

1. The company is included in the register of Agricultural Credit Consumer Cooperatives of the Central Bank of the Russian Federation;
2. Member of SRO Unity;
3. Chairman Irina Sergeevna Timofeeva, and executive director Stanislav Vladimirovich Timofeev;
4. Legal address in the city of Slobodskaya, Kirov region in the Urals.

Since 2015, she has had zero profit, and has repeatedly participated in legal proceedings as a defendant. There is indeed another organization - Microcredit Company Alfa-Resource LLC, with the same director and founder Stanislav Vladimirovich Timofeev, from which the Central Bank took away its license in November last year for numerous violations. He is also the head of three more organizations.

Who won't get their deadlines recalculated?

• Convicted of repeat crime;
• Those sentenced to death - if the exceptional measure was replaced by life imprisonment or 25 years of imprisonment. Since 1996, Russia has had a moratorium on the death penalty.

Convicted under articles:

• About terrorism, promoting terrorism, calls for terrorism, undergoing training to commit terrorist attacks, participation in a terrorist community or organization, an act of international terrorism;
• About the taking of a hostage by an organized group, or resulting in the death of a person, as well as about the hijacking of an aircraft associated with terrorist activities.
• On the illegal production, sale or transfer of drugs, as well as the acquisition, storage, transportation, manufacture, processing of drugs on a large and especially large scale.
• About drug theft or extortion
• About high treason and espionage, an attack on the life of a statesman and public figure, violent seizure of power, armed rebellion, as well as attacks on persons and institutions enjoying international protection.

Recalculation of punishment in pre-trial detention center

According to Part 3.1 of Art. 72 of the Criminal Code of the Russian Federation, the day of detention is equivalent to:

• to one day of the convict’s stay in prison, a strict or special regime colony;
• to one and a half days of punishment in an educational or correctional colony of general detention;
• to two days of punishment in a penal colony.

This part of Article 72 of the Criminal Code was introduced by Part 2 of Art. 1 Federal Law No. 186, signed by the President of Russia on July 3, 2018.

The point of this article is to equalize the conditions of punishment throughout its entire term - from arrest to release. If the conditions of stay in a pre-trial detention center are significantly worse than the conditions of punishment provided for by a court decision, then the total time of serving the sentence should be reduced. Otherwise, it turns out that a citizen who has committed a crime is punished more severely than provided for by the relevant article of the Criminal Code.

Starting from July 2021, it has become possible to recalculate the total sentence for convicted persons and reduce the time they spend in custody.

In court decisions after July 2021, this norm should be reflected in the effective part of the sentence, but due to various circumstances that did not allow the court to apply this norm when passing a sentence, the convicted person, with the help of a lawyer, can go to court at the place of serving the sentence. The same opportunity is provided to all citizens convicted before July 3, 2021.

Attempts to change the Criminal Code in a similar way were made by human rights activists back in 2008, when a corresponding draft was submitted to the State Duma. The experts explained their position by the harsh conditions of detention of citizens in pre-trial detention centers, which are equivalent to the conditions of prisoners in high-security colonies. Such punishment was not always equivalent to the citizen’s guilt.

It was quite difficult to change the conditions of stay in the pre-trial detention center due to the obsolescence of Russian prisons and the increasing flow of people placed in custody. It was not possible to solve the problem, which simultaneously required significant funds, in a short time, so the state decided to introduce a standard for reducing the total sentence.

When recalculation of punishment does not apply

Recalculation of the sentence does not apply to citizens:

• serving a sentence in a correctional or educational colony of general regime, if disciplinary measures have been applied to them in the form of being in a disciplinary, punishment cell or in cell-type premises;
• who have committed a serious crime and were previously sentenced to a real term of imprisonment two or more times for committing an intentional crime of moderate gravity;
• who have committed a serious crime and were previously sentenced to a real term of imprisonment for committing a serious or especially serious crime;
• sentenced to death, but received a pardon in the form of a life sentence or a prison term of 25 years;
• who committed a crime and were convicted in accordance with the articles of the Criminal Code: for espionage and high treason, for the production and trafficking of drugs, for attacks on government officials, seizure and retention of power by force, rebellion with the use of weapons, for the seizure and hijacking of water, air or railway vehicle, terrorism and international terrorism, for hostage-taking and attacks on buildings and people under international protection.

By legislatively introducing a rule that reduces the total sentence for those convicted of crimes of minor gravity, the state took another step towards creating a humane system of execution of punishments.

Who will not be affected by the amendments?

The amendments will not affect those placed in maximum security colonies. But parts 3.2 and 3.3 of the article in question contain separate comments that the one-to-one formula is applied to convicts:

• in case of particularly dangerous recidivism of crimes;
• for whom the death penalty has been replaced by imprisonment;
• for a terrorist act, assistance in terrorist activities, public calls for terrorism, organization of a terrorist society, as well as participation in it, hostage-taking resulting in the death of someone, theft of a vehicle for the purpose of terrorism, possession of drugs on a large or especially large scale, sale of drugs, state treason, espionage;
• who are kept in a punishment cell or cell-type premises as a result of disciplinary action.

Such clarifications are made taking into account the fact that women cannot be placed in strict and special regime institutions and from this point of view there are no restrictions on the effect of the amendments for them. But if a woman was convicted under one of the above circumstances, restrictions will also apply to her.

Enrollment of a pre-trial detention center during a sentence in a general regime penal colony

For those who go to serve a sentence in a general regime , the time spent in a pre-trial detention center is counted as a day and a half . The situation is similar with minors who will serve their sentences in educational colonies.

Example: a citizen is sentenced to 5 years of imprisonment in a general regime penal colony. At the time of his transfer to the colony, he spent 12 months in a pre-trial detention center. Thus, his actual time served is already 1 year 6 months

Numerous exceptions

The new norms will not affect those sentenced to imprisonment in a strict or special regime colony, it follows from the bill. In 2017, courts sent convicts to maximum security colonies one and a half times more often than general ones, and almost five times more often than to settlement colonies. This follows from statistics from the Judicial Department of the Supreme Court. 97.8 thousand convicts were sent to high-security zones, 69.2 thousand general prisoners, 20 thousand to colony settlements. Another 8.9 thousand people will serve their sentences in special regime colonies (these are zones for life-sentenced prisoners, and also those who are recognized as particularly dangerous repeat offenders).

In total, as of June 1, 2021, a total of 485.4 thousand people were kept in strict and general regime colonies, of which a little more than 120 thousand people were in general regime colonies, the press bureau of the Federal Penitentiary Service (FSIN) told RBC. . There were 35.1 thousand people in the settlement colonies.

Why is it important to adopt the “day and a half” amendments?

1. The bill still does not apply to those persons who will be sent to a strict or special regime colony.
2. In May 2021, the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation nevertheless recommended that the “autumn” deputies adopt the bill in the 2nd reading.
3. The parole mechanism has stopped working , causing criticism from human rights activists. From a mechanism for protecting rights, “parole” has turned into some kind of inaccessible privilege.
4. The Committee of Ministers of the Council of Europe strongly advised moving away from “coefficient 1” , since current practice does not sufficiently protect human rights.
5. Serving sentences for women (for them there are only general regime colonies, while for men there are strict and special regime colonies) requires humanization.
6. in pre-trial detention centers are much harsher than in colonies . In a pretrial detention center, a person sits in a cell under lock and key; the maximum he can count on is a walk of 1 hour a day. In colonies, people can work or study, have short-term or long-term visits with family, and spend more time in the fresh air.

In terms of the severity of the detention and serving the sentence, a pre-trial detention center = prison (i.e., the most severe type of punishment).

How is the length of stay in a pre-trial detention center calculated? Which days are counted?

The period of serving the sentence includes ALL days when the person was under investigation until the court decision entered into legal force. Please note that the deadline continues after the court hearing (all the time when a person has a chance to appeal the verdict).

The person was convicted under Part 1 of Art. 163 for 1 year and 3 months (general regime colony). He served his sentence for 8 months, and is now being transferred to another prison. Chelok is in a pre-trial detention center. How is time in a pre-trial detention center calculated correctly: 1 day or 1.5 days or 2 days?

Here it is important to keep in mind the different status of people: arrested and convicted . Article 72 of the Criminal Code of the Russian Federation applies only until the sentence enters into legal force. But in this case, the sentence came into force long ago, and the convict served part of the sentence.

A completely different rule applies here - Part 7 of Art. 76 Criminal Executive Code.

It provides for the detention of convicts in so-called transit and transit points (TPP).

Placement in the Chamber of Commerce and Industry is carried out under the same conditions as the conditions for serving a sentence.

This means that in transit the convicted person serves his sentence under the general regime . Here the mathematics follows the principle of “one day at a time.”

The person is under investigation under Part 2 of Article 159. How to count days? Is there a recount? Staying in a pre-trial detention center under investigation is calculated using the formula “1 day = 1 day” . The formula “a day in two is possible only when punished in the form of restriction of freedom or when imposing other punishments not related to imprisonment.

A person is serving a sentence in a pre-trial detention center under Article Part 2 of Art. 111. The punishment imposed by the court is 3 years of general imprisonment. How will the term be counted? In this case, the “day by day” rule applies again .

Before sentencing, the man spent 6 months in a pre-trial detention center. He was sentenced to 1.5 years, but then it turned out that the period of stay in the pre-trial detention center was not counted towards the total term. Why did it happen? What to do?

In Part 3 of Art. 72 of the Criminal Code clearly states that the period of stay in a pre-trial detention center is counted towards the term of imprisonment . If this was not taken into account and calculated in the verdict, you will have to file a complaint.

When a person was brought to criminal liability, he had to be “given” a lawyer. Check the issue of recount with the lawyer who is participating in the court hearing to dispel any questions.

Everything about criminal cases

Go to materials about preventive measures

Materials on counting sentences (spent in a pre-trial detention center, etc.)

Imprisonment may reduce the sentence

- it should be mentioned that a situation is possible where detention is even beneficial; this is possible if three conditions are met.

— there is an opportunity to “bite off” part of the sentence by accelerating the counting of time spent in a pre-trial detention center

.

Two conditions under which detention may be beneficial

Expiration of the statute of limitations on appeal

— we also remind you that delaying the consideration of the case at the appeal stage may make sense if the limits of the statute of limitations for the crime are close. The fact is that within the meaning of Part 2 78 of the Criminal Code

and
clause of
Plenum No. 19, the statute of limitations is calculated until the sentence enters into legal force.

— you can read more about this opportunity here: Expiration

statute of limitations pending appeal, entails release.

How does being in a pre-trial detention center before trial count toward your sentence?

Url Additional information:

— Clause 9 Part 1 308 Code of Criminal Procedure

in the operative part of the sentence the term in the pre-trial detention center is read out

- when the court passes a sentence, then in the operative part of the sentence ( clause 9, part 1, 308 of the Code of Criminal Procedure

) he must perform arithmetic calculations using special formulas.

Recalculation of sentences is possible after the verdict

— the possibility of counting deadlines is strictly tied to the type of regime

correctional institution (and that depends on
the category of crime
). If the category is severe, then the regime is strict - accordingly, there will be no counting of terms. But both of them can be changed:

A)

the regime can be changed as a result of a successful appeal - if the qualification is changed to a less serious article.
In this case, the conditions for assigning the type of regime provided for in 58 of the Criminal Code
- and the court is obliged to assign a different regime.
What can open the way to the application of clause “b” part 3.1 72 of the Criminal Code
and
clause “c” part 3.1 72 of the Criminal Code
.

b)

separately (without reclassification to a mild article), the category of crime can be reduced using the mitigating mechanism provided for
in Part 6 of 15 of the Criminal Code
.
(You can read more about this here: Changing the category of
crime).

Note

: It may be unnecessary to talk about this (but someone’s thoughts may go down the wrong path).
Therefore, it’s better to say: there is also such a mechanism as “re-regime” - changing the type of correctional institution in accordance with 78 Penal Code
. So, in this case, there is no need to talk about any offset of deadlines. The counting of terms is possible only when the sentence is changed, but the overtime is not associated with a change in the sentence.

Miscarriages of justice

— please note: the most important material for practitioners in this area is a selection on how to look for errors in order to appeal a verdict. You can read it here: Miscarriages of Justice

when setting off deadlines, how to search and use.

Return to materials on preventive measures
Seek advice

Who will not be affected by the amendments?

It should be noted that convicted male repeat offenders, as well as those who have committed especially serious crimes for the first time, are assigned to a high-security correctional colony. The changes will not affect such convicted persons, since 1 day of stay in a pre-trial detention center will be counted as 1 day of serving the sentence.

That is, if a court sentences a maximum security colony, the old rule applies - a one-to-one ratio . The same applies to the most dangerous criminals who are assigned a special regime or prison (for example, if a person is sentenced to death). The conditions for serving imprisonment in such institutions are much harsher even compared to pre-trial detention centers.

Let us add that the law provides for exceptions to the general offset rule. Thus, part 3.2 was introduced into Article 72 of the Criminal Code of the Russian Federation, according to which a recount is not carried out for those convicted of committing the following crimes:

• terrorist attack;
• facilitating terrorist activities;
• public calls for terrorism;
• organization of a terrorist society, participation in it;
• hostage taking with consequences in the form of death;
• hijacking of vehicles for terrorist purposes;
• possession of drugs on a large or especially large scale;
• sale of drugs in any quantity;
• high treason, espionage.

In addition, Part 3.3 of Article 72 of the Criminal Code of the Russian Federation does not allow the use of a recount in relation to those convicts who are kept in a penal colony or cell-type premises as a result of a disciplinary sanction.

Determination of length of stay

Prisoners do not have to calculate on their own how long they will have to spend in a pre-trial detention center, since this is within the competence of the court. The order according to which an offender under investigation is placed in a pre-trial detention center must include:

• indication of the time within which the preventive measure is in effect (days, months);
• the date on which the time period ends.

The accused must be kept in custody until the last day designated by the court, inclusive. At the specified time the following is counted:

• House arrest;
• being in the status of a suspect, etc.

After the prosecutor has referred the case to the court, Art. 255, according to which, if a person is sitting in a pre-trial detention center, judges do not change the measure of restraint. During the trial, the accused's stay can be up to six months, plus three months if the crime is particularly serious or serious. The court indicates the measure of restraint in the verdict. When appealing a verdict, the defendant's stay in a pre-trial detention center may be extended until the preventive measure is changed or until a final verdict is pronounced.

When rendering a guilty verdict, only the days during which the person was detained before the start of the trial are taken into account. In part three of Art. 72 of the Criminal Code states that days after the start of the trial are not taken into account.

What is included in the period of detention?

The period of detention includes the period of preliminary investigation before the prosecutor sends the criminal case to court. The preliminary investigation period begins from the moment the accused (or suspect) is detained.
The period of detention may also include:

• detention as a suspect;
• House arrest;
• forced stay in a medical institution to check the condition, and there may also be a forced referral to a psychiatric institution by court decision;
• period of detention in the territory of another country at the request of the Russian Federation.

When placing an accused in custody for a second time in the same case or in a related case, the time that the accused spent the first time in custody is taken into account.

How long can you stay in a pre-trial detention center?

Let's look at how in our rule-of-law state the amount of time spent in a pre-trial detention center is counted. But let's first look at the maximum and minimum period:

• The amount of the shortest term that a defendant can spend in a pre-trial detention center is not taken into account anywhere; in other words, there is no specific resolution for this kind of issue. Moreover, the defendant can be released from custody if there is no longer any point in keeping him there. Release occurs as soon as possible;
• The longest term in a pre-trial detention center is regulated depending on the severity of the crime committed.

The last point, talking about the maximum amount of time spent in custody, is divided into several more interesting points. Reading and memorizing them is mandatory:

• The standard length of stay in a detention center, in accordance with Article 103 of the Criminal Code of the Russian Federation, must be more than sixty days;
• Also due to lack of time, and incomplete disclosure of the crime. The Investigative Committee has the right to extend the time of detention in a pre-trial detention center to one hundred and eighty days. This stage is provided for in accordance with Article 109 of the Code of Criminal Procedure of the Russian Federation.

Due to the serious circumstances of the violation and the complex course of the investigation, the period of time spent in the detention center may be extended by one and a half years. Such measures are justified in Article 109 of the same Criminal Code. Such a period may be set in accordance with the petition by the governing entities.

Can a long stay in a pre-trial detention center be prohibited?

Formally, long terms are prohibited. But there are times when it is simply necessary to keep the subject in a secure location throughout the investigation. In other words, it is simply impossible not to put the accused in long-term custody. Such measures are applied if investigators cannot obtain the necessary evidence in a short time. It turns out that if you provide the arrested person with new materials on his case during the expiration of his term in the pre-trial detention center, it is quite possible to extend the term for another couple of months.

Due to these kinds of ingenious procedures, the accused are placed in detention for a period that exceeds more than two years. And it happens that such deadlines can be extended for a longer time. But prisoners are also not deprived of their right to speak; they may well file a corresponding complaint against investigators and employees of the former system for violating their rights.

If the investigator and the prosecutor do not have time to submit an application to extend the suspect’s term in the pre-trial detention center, then they are simply obliged to release him from custody. After concomitant departure from the pre-trial detention center, the previously accused, and now acquitted for lack of facts, citizen retains the right to study absolutely all materials on his case.

The maximum time spent in a pre-trial detention center is an additive figure, since repeated detention for the same case as before should not exceed 180 days.

How to correctly calculate the period of stay?

The defendants in the case are spared the need to independently calculate the length of their stay in a pre-trial detention center. The court does this for them.

The court order, in accordance with which a person is placed in a pre-trial detention center, must indicate the period of validity of the preventive measure in days or months, as well as the exact end date of this time period. The time spent in custody expires on the last day of the term appointed by the court.

For example, by court decision a person was taken into custody for 2 months on March 1. This means that on May 1 at 24:00 the citizen’s time in the detention center will expire.

The period under review includes the time spent under house arrest, the time of detention as a suspect, and so on.

It should be remembered that the deadlines listed in paragraph 1 of this material refer to the time before the prosecutor transfers the case to court . After this, Article 255 of the Criminal Procedure Code comes into force.

If the accused is already in custody, then the judge will probably not change the measure of restraint. In this case, the risk of the defendant not appearing at the hearing completely disappears. The accused can stay in a pre-trial detention center for up to six months. And for serious and especially serious crimes, the period can be extended for another three months.

In the verdict, the court must indicate the preventive measure, if it considers it appropriate to establish it, for the period the decision enters into legal force.
If the verdict was appealed, it did not enter into legal force .
The accused will remain in pre-trial detention until a final verdict is rendered or until the preventive measure is changed. As you can see, the period of detention in a pre-trial detention center is divided into three periods: before the trial, during the trial, and until the day the verdict comes into force.

If the verdict is guilty, only those days that the citizen spent in custody before the start of the trial will be counted. Part 3 of Article 72 of the Criminal Code clearly states : all days spent in the detention center after the start of the proceedings are not taken into account in any way.

The draft law on introducing completely logical amendments to this article, providing for the recording of absolutely all days that a citizen spent in a pre-trial detention center, has been considered in the State Duma since 2008.

Provisions of the legislation of the Russian Federation on the terms of detention

The duration of detention before trial in general under Art.
109 of the Code of Criminal Procedure of the Russian Federation cannot exceed more than 2 months. These deadlines are valid in cases where the investigator has managed to conduct a thorough investigation, interview all eyewitnesses and analyze the facts in order to fully understand the picture of what happened. In fact, periods of detention in pre-trial detention centers are repeatedly extended as new facts are discovered, since there is a need to clarify witness testimony and more carefully analyze the evidence and circumstances of the crime. The period of an offender's imprisonment includes 3 stages:

• before trial;
• trial;
• before the sentence takes effect.

The period of imprisonment of an offender before trial, according to the law, can last up to 6 months for offenders under investigation in cases of any category. If an investigation is underway for a crime classified as particularly serious or serious, the period of imprisonment in a pre-trial detention center can be extended to a year. In 109 Art. it is indicated that the period may be increased, provided that special difficulties arose during the investigation. It should be noted that law enforcement officials usually do not have difficulty finding arguments to increase the term of detention. If a particularly serious crime is committed or special circumstances arise during the investigation, the accused may be kept in custody for up to one and a half years.

There have been cases where defendants remained in custody for two years or more. Justice workers motivated this by the fact that:

• During the investigation, circumstances arose requiring the offender to be placed in a pretrial detention center;
• appealing a court verdict also requires time, which the offender would better spend under the control of law enforcement agencies.

As a result, the time of confinement of people in a pre-trial detention center was extended as long as it was beneficial or convenient for the investigator. The only way to combat illegal detention is the services of an experienced lawyer who will deal with the investigation and will strictly control the actions of law enforcement officers.

According to the legislation, the maximum period for keeping a person in a pre-trial detention center before trial is one and a half years. Before the investigative file is sent to the court, the accused must familiarize himself with it no later than a month before the end of the period of stay in the detention center. This implies the need to extend the offender's time in custody until he has carefully considered all the information.

Timing system

When imposing a sentence, the court uses a system of counting days in accordance with Art. 72 of the Criminal Code, according to which days are counted during the period of imprisonment:

• 1/1 in case of arrest, detention in a disciplinary military unit, during forced labor;
• 1/2 in case of restriction of freedom;
• 1/3 with restrictions on military service and correctional labor;
• 1/8 hours for mandatory work.

At this stage, the possibility of counting 1 day in a pre-trial detention center for 2 days in a penal colony or 1.5 days in a general regime colony is being considered.

How to apply changes to the law for defendants and convicts?

The provisions of Article 72 of the Criminal Code of the Russian Federation are subject to execution:

1) within three months from the date of entry into force of No. 186-FZ in relation to persons serving a sentence of imprisonment in an educational colony and a colony-settlement; 2) within six months from the date of entry into force of No. 186-FZ in relation to:

• persons serving a sentence of imprisonment in a general regime correctional colony;
• persons serving sentences in the form of compulsory labor, correctional labor, restriction of freedom, forced labor;
• military personnel serving a sentence in the form of restrictions on military service or detention in a disciplinary military unit.

Application for credit for time in custody

The convicted person himself can submit a corresponding petition to the court that passed the sentence, or to the court at the place where the sentence is served.

When a person has already served a sentence with credit for terms according to the old rules, it is advisable to take advantage of the opportunity to file a petition to recalculate the term of the sentence taking into account the new rules; for some time after serving the sentence, the citizen will have an outstanding criminal record. In accordance with paragraphs c, d, part 2 of Article 86 of the Criminal Code of the Russian Federation, it is extinguished after three and eight years from the date of serving the sentence in relation to persons imprisoned for crimes of moderate gravity and serious crimes, respectively. Reducing the term of serving a sentence affects the reduction in the period of expungement of a criminal record.

Note! To submit a petition, the prisoner must submit it as a regular letter through the administration of the colony, which will independently forward it to the jurisdiction.

The convicted person does not need to appear at the court hearing - a video conference will be established with the colony.

The application may be refused. Such a decision can be appealed within ten days from the date of receipt of a copy of the decision.

Review of sentences

From the contents of Art. 10 of the Criminal Code of the Russian Federation it follows that a norm that worsens a person’s situation does not have retroactive effect, unlike one that improves this situation. The norm, the application of which entails a reduction in the term of serving the sentence, certainly belongs to the second group. This means that persons sent to serve a sentence in a settlement colony or a general regime colony can apply for a reduction in the term imposed by a sentence that entered into legal force before the date of the amendments.

The changes date back to July 14, 2021, so for persons who were placed under house arrest prior to a sentence that came into force earlier than that date, the offset will be made using the one-to-one formula. Such sentences will not be reviewed.

A procedural procedure that is necessary before a convicted person is credited with being in a pre-trial detention center.

The issue of crediting one's stay in a pre-trial detention center while serving a sentence is decided by the administration of the colony. Settlement colonies were given three months to do this, general regime colonies six months, from the moment the new law came into force.

Employees identify persons in respect of whom a recount is possible and send a reasoned submission to the court.