in Russian criminal law (Art. 50 of the Criminal Code) states that corrective work is a type of punishment.This penalty is assigned as the primary.Term papers can be set from 2 months to 2 years and he shall be served exclusively at the place where the convicted person works.This payroll, relying convicted deducted 20% in favor of the state.So how do you start the period of correctional work?When it is possible to use it and when not?That's what we'll talk.
Admittedly, correctional work of the Criminal Code - one of the most used sentences.It is not connected with isolation from society and deprivation of liberty.It is used in the following cases:
- if the work involves a sanction corresponding to the article;
- on the grounds that Article provides.64 or Art.80 of the Criminal Code;
- as a substitute for the penalty - a punishment under evasion of paying it.
correctional labor penalty effectively when the perpetrator is not particularly dangerous to society, and it is necessary insulation.Punishment is achieved through the material limitations of the convicted person.
term of punishment takes the count from the day when a convicted person goes to work.This term includes only the time when the convict to work and deducting from wages.This means that the sentence will not be credited with the time during which he was not working, even if it has good reason.In addition, the sentence will be counted and the time when the convicted person was detained.Penal right to a one-day detention equates to serving a three-day work.
convicted person must work as many working days as necessary on a given month, and no less.So correctional work should continue until the full amount of the convicted mining days.The period can not count overtime, and subtracting from this the earnings are not made.
If a prisoner refuses to serve his sentence maliciously under the guise of hard labor, the court has the power to use instead of punishment restriction of freedom.Also used the arrest or imprisonment of the calculation: one-day restriction of freedom is considered a day of evading labor.There may be such options: 1 day of arrest is 2 or 3 days of serving correctional labor.
If the convicted person was seriously ill or was he assigned to the I group of disability, he has the right to send a petition to the court to terminate the punishment.If a woman while serving correctional labor pregnancy is detected, it can go to court and get a deferment of serving the sentence.
can not prescribe corrective work:
- invalids of the first group;
- women who have children up to three years;
- women who are pregnant;
- servicemen, who are at the call of military service;
- servicemen who undergo military service under contract to the military positions of sergeant and ratings unless they have served at the call of the statutory period.
