A package of bills on tightening the conditions of detention for those convicted under “terrorist” articles was adopted in the second reading

The State Duma adopted in the second reading amendments that allow sending some of those convicted of terrorist crimes to prisons instead of colonies, as well as arbitrarily transferring prisoners suspected of promoting terrorism among their inmates to other regions.

On December 18, 2018, the State Duma adopted in the second reading a package of three bills on toughening the conditions for serving sentences for those convicted under a number of articles of the Criminal Code (primarily of a terrorist nature), as well as for those who have a destructive effect on cellmates. The idea of ​​such changes was submitted in October 2018 by Russian President Vladimir Putin, a package of bills was submitted to the Duma by a group of deputies in November and adopted in the first reading on December 12.

The first draft law, amending the Criminal Code, provides that men who are tried under Art. 205.2 (public calls for terrorism), part 2 of Art. 205.4 (participation in a terrorist community), Part 1 of Art. 206 (hostage-taking), Part 1 of Art. 211 (hijacking), art. 220, 221 (illegal handling of nuclear materials, theft of nuclear materials) and 360 of the Criminal Code (attack on persons or institutions that enjoy international protection), the court will be able to assign part of the sentence not in a correctional colony, but in prison. Currently, the courts have such an opportunity only in relation to those who are sentenced for committing especially serious crimes for a term of more than five years, as well as in case of especially dangerous recidivism of crimes.

According to the amendments, men convicted under Art. 205 (terrorist attack), 205.1 (assistance to terrorism), 205.3 (training for the purpose of terrorist activities), Part 1 of Art. 205.4 (organization of a terrorist community), Art. 205.5 (organizing or participating in a terrorist organization), ch. 2–4 tbsp. 206 (aggravated hostage-taking), Art. 208 (organization of an illegal armed formation and participation in it), ch. 2–4 tbsp. 211 (aggravated hijacking), Art. 277-279 (assault on the life of a statesman, violent seizure of power, armed rebellion), Art. 281 (sabotage), art. 317 (encroachment on the life of a law enforcement officer), Art. 361 (act of international terrorism), the courts will be required to assign part of the sentence in prison. According to the amendments adopted in the second reading, this period must be at least one year after the period spent in the pre-trial detention center is offset.

The second draft law, which amends the Criminal Executive Code (PEC), provides that even convicts who are positively characterized under these articles cannot be transferred ahead of time from prison to correctional colonies. In addition, according to the authors of the bill, they should not be subject to the provision of the code that the period of being in a strict regime is calculated from the day of detention.

In addition, to the list of articles for which the term of detention is counted in the term of punishment according to the formula "one day for one day", it is proposed to add Art. 208 and 209 (banditry). Currently, women who are convicted under these articles end up in general regime colonies and, therefore, they are recalculated according to the formula "a day and a half."

The third bill, which also amends the PEC, provides for the expansion of the categories of convicts for whom the FSIN can choose the place of serving a sentence arbitrarily, without geographic reference. According to the text of the bill adopted in the second reading, it is proposed to extend this right of the department to those convicted of any crimes, if " there is information about their adherence to the ideology of terrorism, confession, propaganda or dissemination of such an ideology (in the absence of sufficient data to decide whether to initiate a criminal case) and in connection with this, during the period of detention, serving a sentence, they exert an appropriate negative impact on other accused (suspected), convicted persons . The deputies propose to transfer prisoners engaged in such activities already in correctional facilities to other places of serving sentences by decision of the Federal Penitentiary Service.

At the same time, from the list of articles, the verdict on which allows the Federal Penitentiary Service to choose a place of serving a sentence without restrictions and transfer prisoners from institution to institution, the deputies propose to remove part 2 of Art. 282.1 and part 2 of Art. 282.2 (participation in an extremist community or in an extremist organization).

Sources

• Draft Law No. 592555-7 "On Amendments to Articles 58 and 72 of the Criminal Code of the Russian Federation (on the appointment of a type of correctional facility for those convicted of terrorist crimes)" // CREATION GAS "Lawmaking". 2018. December 18.
• Draft Law No. 592560-7 "On Amending the Penitentiary Code of the Russian Federation in connection with the adoption of the Federal Law "On Amending Articles 58 and 72 of the Criminal Code of the Russian Federation" (on assigning a type of correctional facility to those convicted of terrorist crimes)" // CREATION GAS "Lawmaking". 2018. December 18.
• Draft Law No. 592561-7 "On Amendments to Articles 73 and 81 of the Penal Code of the Russian Federation (On Places of Serving Deprivation of Liberty for a Certain Category of Convicts)" // CREATION GAS "Lawmaking". 2018. December 18.
• A package of bills on keeping terrorists in prisons passed the second reading in the State Duma // City News Agency "Moscow". 2018. December 18.