The President signed laws to tighten the conditions of detention for those convicted under “terrorist” articles

Vladimir Putin approved amendments to the Criminal Code and the Penal Code, allowing sending some of those convicted of terrorist crimes to prisons instead of colonies, as well as arbitrarily transferring prisoners suspected of promoting terrorism among inmates to other regions.

On December 28, 2018, Russian President Vladimir Putin signed three laws 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 package of bills was submitted to the Duma by a group of deputies in November, adopted in the first reading on December 12, in the second on December 18, and in the third on December 19. On December 21, 2018, the Federation Council approved these laws. They will take effect 10 days after the date of publication.

The first 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. This period must be at least one year after the period spent in the pre-trial detention center is offset.

The second law, which amends the Penitentiary Code (PEC), provides that even positively characterized convicts under these articles cannot be transferred ahead of time from prison to correctional colonies. In addition, they will 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, Art. 208 and 209 of the Criminal Code (banditry). Currently, women who are sentenced 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 law, 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. This right of the department will be extended to those convicted of any crimes if " there is information about their adherence to the ideology of terrorism, their confession, propaganda or dissemination of such an ideology (in the absence of sufficient data to resolve the issue of initiating a criminal case) and their rendering in connection with this the period of detention, serving a sentence of a corresponding negative impact on other accused (suspected), convicted ". Prisoners engaged in such activities already in correctional institutions will be transferred to other places of serving sentences by decision of the Federal Penitentiary Service.

At the same time, Part 2 of Art. 282.1 and part 2 of Art. 282.2 (participation in an extremist community or in an extremist organization).

Sources

• Federal Law No. 516-FZ of December 27, 2018 "On Amendments to the Penitentiary Code of the Russian Federation in connection with the adoption of the Federal Law "On Amendments to Articles 58 and 72 of the Criminal Code of the Russian Federation" // Official Internet portal of legal information. 2018. December 27.
• Federal Law No. 548-FZ of December 27, 2018 "On Amendments to Articles 73 and 81 of the Penal Code of the Russian Federation" // Official Internet portal of legal information. 2018. December 28.
• Federal Law No. 569-FZ of December 27, 2018 "On Amendments to Articles 58 and 72 of the Criminal Code of the Russian Federation" // Official Internet portal of legal information. 2018. December 28.