Restrictions on freedom of movement for the first time been included in the Fundamentals of 1991, and then moved in 1996, in the Criminal Code.But it should be noted that the measure of restraint was the prototype of the former legislation.Quite widely used in the practice of "probation", the deprivation of liberty, accompanied by mandatory involvement of the perpetrator to work (1960 RSFSR Criminal Code, Art. 242).In this interpretation, the preventive measure had a strong enough punitive and educational potential.This allowed us to use it as an effective alternative punishment such as imprisonment.Given that, in criminal matters was considered that the conviction under Art.242 of the Criminal Code of the Russian Federation was in fact a measure of self-restraint.
Restriction of freedom in accordance with Art.53 of the Criminal Code is in the content of the convict who has reached the moment of adjudication eighteen years of age, in a special facility.This citizen is not isolated from society.However, the restriction on freedom includes overseeing the prisoners.The citizen is placed in a special institution, where, as a rule, with other citizens without protection, but under the supervision of representatives of certain state body.
Restriction of freedom also includes the obligatory forced convict labor.It should be noted that his work does not always coincide with his profession or trade.Convicts are permitted to leave the area with the consent of the administrative body that controls its behavior.
Restriction of freedom prescribed:
- In cases where the sanction in accordance with the relevant provisions of the Special Part of this preventive measure is provided as a basic.
- As a milder punishment than that provided for the act.
- If the verdict of the special indulgence of the jury.
- As a substitute of Corrections and mandatory work at evading them.
Execution of punishment in the form of restrictions on freedom directed against the crimes or moderate severity.For example, they should include the purchase or sale of any property obtained by a method known criminal, violation of traffic rules and regulations Transport means, trafficking in natural jewels, precious metals and other crimes.
law, however, provides for the appointment of the measure and especially grave crimes.In this case, there are, as a rule, the exceptional circumstances in order rendering a lighter punishment than the law provides for the deed, or the imposition of a jury verdict for leniency to the accused.
Term preventive measure calculated in calendar years and months.When proceedings one day detention equated to the 2nd day limit freedom.
Since a preventive measure is related to the impact of corrective labor, then it can be applied only to persons able to work.
Most of sanctions provides a sentence of up to three years, at least - to two, four or five years.
person who is assigned to this preventive measure, receives an order from the relevant authority.After that, the convict for three days (not more) is obliged to come to an institution.In case of failure regulations citizen sent in the manner prescribed for convicts, which applied imprisonment.
Correctional special institutions, as a rule, are located within the subject in which the offender resided and been convicted.The order of execution of this sentence, represented by restriction of freedom, responsibilities and rights of convicts are governed by the provisions of the criminal-executive legislation of the Russian Federation.
