Restriction of freedom

Restriction of freedom of movement was included for the first time in the Fundamentals of 1991, and then passed in 1996 to the Criminal Code of the Russian Federation. But it should be noted that this measure of restraint in previous legislation had a prototype. Quite widely used in practice was "conditional conviction," which presupposed deprivation of liberty, accompanied by the obligatory involvement of the guilty person in labor (1960, Criminal Code of the RSFSR, Article 242). In this interpretation, the measure of restraint had a sufficiently strong punitive and educational potential. This made it possible to apply it as an effective alternative to such punishment as deprivation of liberty. Given this, in the criminal law sphere it was considered that the conviction under art. 242 of the Criminal Code of the RSFSR was in fact an independent measure of restraint.

Restriction of freedom in accordance with Art. 53 of the Criminal Code of the Russian Federation consists in the content of the convicted person, who reached the age of 18 at a special institution. At the same time, a citizen is not isolated from society. At the same time, restriction of freedom includes exercising supervision over the convicted person. A citizen is placed in a special institution where he lives, as a rule, with other citizens without protection, but under the supervision of representatives of a certain state body.

Restriction of freedom also includes compulsory coercion of the convict to work. It should be noted that his work does not always coincide with his profession or profession. A convicted person is allowed to leave the administrative area with the consent of the body that controls his behavior.

Restriction of freedom appoint:

1. In cases where, in accordance with the sanction of the relevant provision from the Special Part, this preventive measure is provided as the main measure.
2. As a softer punishment than foreseen for the deed.
3. With the verdict of a special indulgence from the jury.
4. As a substitute for corrective and compulsory work when evading them.

Execution of punishment in the form of restriction of freedom is directed towards crimes of medium or mild severity. For example, they include the acquisition or sale of any property obtained by a method known to be criminal, violation of traffic rules and rules for the operation of means of transport, illegal circulation of natural jewelry, precious metals and other crimes.

The law, however, provides for the appointment of this measure of restraint and for particularly serious crimes. In this case, as a rule, exceptional circumstances take place in the order of making a softer punishment, rather than providing for a law on what was done, or passing a verdict of leniency to the defendant by a jury.

The term of preventive punishment is calculated in calendar years and months. In the proceedings, one day in custody is equal to the 2-day limitation in freedom.

Since the measure of restraint is connected with the corrective labor effect, it can only be applied to persons who are able-bodied.

Most sanctions envisage a sentence of up to three years, less often up to two, five or four years.

The person to whom this preventive measure is appointed receives an order from the relevant authority. After that, the convicted person within three days (no more than) is obliged to independently arrive at the relevant institution. If the order is not complied with, the citizen is sent in the order established for the convicts, to whom the deprivation of liberty is applied.

Correctional special institutions, as a rule, are located within the entity in which the perpetrator lived and was convicted. The order of execution of the specified punishment, represented by the restriction of freedom, the duties and rights of convicts are regulated by the provisions of the criminal-executive legislation of the Russian Federation.