The Russian criminal law (Article 50 of the Criminal Code of the Russian Federation) states that correctional labor is one of the types of punishment. This punishment is assigned as the main. The term of work may be established from 2 months to 2 years and it is served only at the place where the convicted person works. At the same time, 20% in favor of the state are deducted from the salary due to the convicted person. So how is the period of correctional work calculated? When can it be used, and when not? That's what we’ll talk about.
According to the general opinion, correctional work of the Criminal Code of the Russian Federation is one of the most applicable punishments. It is not connected with isolation from society and imprisonment. Used in the following cases:
- if the work provides for the sanction of the relevant article;
- on the grounds provided for by Art. 64 or Art. 80 of the Criminal Code;
- as a substitute for a fine - punishment in case of malicious evasion from paying it.
Punishment by correctional labor is effective when the person who committed the crime is not particularly dangerous to society, and compulsory isolation is not needed. Punishment here is achieved through the material limitations of the convict.
The term of serving a sentence shall count from the day when the convicted person leaves for work. This period includes only the time when the convict worked and deductions were made from wages. This means that the time during which he did not work, even if there are good reasons for this, will not be counted in the sentence. In addition, the time when the convicted person was detained will be counted in the sentence. Criminal law equates one-day detention equals to serving three-day labor.
The convict must work as many working days as there are for a given month, and no less. So the correctional work should continue until the full completion of the number of days laid down for the convicted person. Overtime work cannot be counted on time, and no deductions are made from this earnings.
If a prisoner maliciously evades serving a sentence under the guise of correctional labor, the court has the authority to apply a restraint of liberty instead of this punishment. Arrest or deprivation of liberty is also applied with the calculation: a one-day restraint of liberty is considered for one day of evading correctional labor. There may be such options: 1 day of arrest = 2 or 3 days of serving correctional labor.
If the convicted person is seriously ill or is assigned the first disability group, he has the right to file a motion with the court to terminate the serving of the sentence. If a woman is found to be pregnant when she is serving correctional labor, she can go to court and receive a delay in serving her sentence.
It is impossible to appoint correctional work:
- disabled people of the first group;
- women who have children under three years old;
- women who are pregnant;
- military personnel who are called up for military service;
- military personnel who are under contract military service in the military posts of sergeant and rank-and-file staff, if they have not served by conscription established by law.