The law on crediting time in pre-trial detention centers: how it will work

Why is this law needed?

Conditions of detention should not be more severe than the punishment that the court can impose - this is the position of the European Court of Human Rights. Back in 2008, this was indicated in the explanatory note to the bill.

The conditions in a pre-trial detention center are more stringent than in a general regime colony or a colony-settlement . In a colony, a person spends a lot of time in the fresh air, he can work and study. In a pre-trial detention center, apart from a short walk in a small courtyard, a person is in a confined space.

In accordance with the law, the preliminary investigation must take place within two months, but there are many opportunities to extend it - up to a year or more. When the investigation is completed and the prosecutor's office has approved the charges, the case is sent to court - which can also take months. All this time the arrested person can be kept in a pre-trial detention center.

The explanatory note also speaks of the “current lack of opportunity” to bring conditions in the pre-trial detention center in line with international standards. This problem is still relevant today, so the “preferential” credit for time spent in a pre-trial detention center is also a form of compensation for people for being kept in inappropriate conditions.

What will the new law lead to?

Only practice will tell. The FSIN hopes that it will help relieve the congestion in pre-trial detention centers, many of which are “over-limited” - that is, they hold more prisoners than normal. Human rights activists hope that investigators will keep fewer people behind bars before trial. But there is an opinion among security officials that, on the contrary, many will try to stay in a pre-trial detention center as long as possible: they will have to spend less time there than in a general regime colony or a colony-settlement . In any case, it is expected that, thanks to the new law, approximately one hundred thousand prisoners will have their sentences reduced. This is the main reason for his support from human rights activists.

Who will recalculate the deadlines?

Courts. Correctional facility administrations are required to send materials to the courts. This is standard procedure when easing legislation. The law obliges the Federal Penitentiary Service to recalculate the sentences of those serving sentences in settlement colonies within three months, and in general regime colonies - within six. If the court has not been notified of a convicted person whose sentence must be recalculated, the prisoner himself can appeal to the court.

How will time spent in custody be counted?

The law provides for a complex but clear system for recording time. We are talking about recounting the time spent not only in a pre-trial detention center, but also, for example, in a temporary detention center before being placed in a pre-trial detention center.

One day in custody will be equal to:

• 3 days of correctional labor and restrictions on military service;
• 2 days in a colony-settlement , restriction of freedom, forced labor and arrest;
• 1.5 days in a disciplinary military unit, educational colony and general regime colony;
• 1 day in prison, a special or strict regime colony;
• 8 hours of compulsory work.

Those convicted of repeat offenses, serious and especially serious crimes, with a maximum punishment of ten years, are kept in maximum security colonies and prisons. In special regime colonies - those sentenced to life imprisonment. True, for exemplary behavior, prisoners even on particularly serious charges have the opportunity to end up in a penal colony .

Who won't have their deadlines recalculated?

• Convicted of repeat crime;
• Those sentenced to death - if the exceptional measure was replaced by life imprisonment or 25 years of imprisonment. Since 1996, Russia has had a moratorium on the death penalty.

Convicted under articles:

• About terrorism, promoting terrorism, calls for terrorism, undergoing training to commit terrorist attacks, participation in a terrorist community or organization, an act of international terrorism;
• About the taking of a hostage by an organized group, or resulting in the death of a person, as well as about the hijacking of an aircraft associated with terrorist activities.
• On the illegal production, sale or transfer of drugs, as well as the acquisition, storage, transportation, manufacture, processing of drugs on a large and especially large scale.
• About drug theft or extortion
• About high treason and espionage, an attack on the life of a statesman and public figure, violent seizure of power, armed rebellion, as well as attacks on persons and institutions enjoying international protection.

Who will sit longer because of the new law?

The new law worsened the situation of some convicts. Firstly , he equated two days under house arrest to a day in custody and imprisonment. Previously, a day in custody was considered a day locked up at home.

Secondly , “time flows” according to the one-to-one formula for convicts who end up in penal colonies in a punishment cell or a cell-type room. Practice shows that it is virtually impossible to challenge the imposition of disciplinary sanctions on prisoners - who are brought to isolation wards.

There are many examples when prisoners, through the courts, on the initiative of jailers, have their conditions of detention tightened: for example, from a settlement to a general regime or from general to strict. Such measures were applied to anti-fascist Alexei Sutuga , nationalist Igor Stenin and other political prisoners.

And this, too, is virtually impossible to dispute. If previously this led to a deterioration in the conditions of imprisonment, now it will lead to the fact that “undesirable” prisoners will serve even longer than they could.

Which political prisoner will be released first?

“Thanks to” the above exceptions, the recalculation of prison terms will not affect those involved in many high-profile cases: for example, director Oleg Sentsov, human rights activist Oyub Titiev (when and if he is convicted), defendants in the “Network” case (when and if they are convicted) and many cases against supporters of Hizb ut-Tahrir . Of the people included in the political persecution database Politpressing.org , according to OVD-Info estimates, the sentences of approximately one and a half dozen people could be reduced. Among those who may be released earlier are journalist Alexander Sokolov, nationalist Dmitry Demushkin, as well as those convicted for allegedly using violence against law enforcement officers in Moscow at an uncoordinated rally on March 26, 2017 .