Correctional labor: their application and calculation

In the Russian criminal law (Article 50 of the Criminal Code of the Russian Federation) it is said that correctional labor is one of the types of punishment. This punishment is appointed as the main one. The period of work can be established from 2 months to 2 years and it is served exclusively in the place where the convicted person works. At the same time, 20% are deducted from the salary that is due to the convicted person in favor of the state. So how is the period of correctional labor calculated? When can I apply it, and when not? This is exactly what we will talk about.

By common opinion, the correctional work of the Criminal Code is one of the most applied penalties. It is not connected with isolation from society and deprivation of liberty. Used in the following cases:

- if the work provides for the sanction of the relevant article;

- on the grounds, which provides for 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 for society, and mandatory isolation is not necessary. Punishment here is achieved through the material limitations of the convict.

The term of serving the sentence takes the countdown from the day the convict goes to work. This time period includes only the time when the convict worked and deductions were made from wages. This means that during the sentence, the time during which he did not work, even if there are valid reasons for this, will not be counted. In addition, the time when the convict was kept in custody will be included in the sentence. Penal corrective one-day detention equates to serving three-day work.

A convicted person has to work out as many working days as it takes for a given month, and not less. So corrective work must continue until the number of days put to the convict is fully worked out. In time, overtime work can not be counted , and no deductions are made from this earnings.

If the prisoner angrily evades to serve a sentence under the guise of correctional labor, the court has the power to apply the restriction of freedom instead of this punishment. Also, arrest or deprivation of liberty is applied with calculation: one-day restraint of freedom is considered for one day of evasion from correctional labor. There may also be such options: 1 day of arrest = 2 or 3 days of serving correctional labor.

If the convicted person is seriously ill or has been awarded the 1st disability group, he has the right to go to the court with a petition to stop serving the sentence. If a woman has a pregnancy during the completion of corrective labor, she can apply to the court and receive a delay in serving the sentence.

It is impossible to appoint corrective works:

- disabled first group;

- women who have children under the age of three;

- women who are pregnant;

- military servicemen who undergo military service on conscription;

- servicemen who are contracted for military service in the military posts of sergeant and rank-and-file staff, if they did not serve the call of the legally established period.