The Ministry of Justice proposed to recalculate the term of imprisonment when mitigating the conditions of punishment

The Ministry of Justice of Russia has developed amendments to the Criminal Code, which determine the procedure for offsetting the time of deprivation of liberty after reviewing the criminal case and softening the conditions of detention. The bill was developed in accordance with the decision of the Constitutional Court of the Russian Federation and placed on the portal of normative legal acts.

“The bill is aimed at regulating the offset of the time of deprivation of liberty, which the convict served in a correctional institution of a more severe type, erroneously assigned to him, to the term of deprivation of liberty to be served according to the court decision adopted as a result of the revision of the original sentence,”— note in the press service of the Ministry of Justice.

Thus, according to the proposals of the department, if the convicted person served his sentence in a prison, correctional colony of a special or strict regime, then when recalculating one day of imprisonment will be considered as one and a half days of serving a sentence in a general regime colony, or two days of serving a sentence in a colony – settlement. If the convict was in a general regime colony, then the day of imprisonment in it will be counted as one and a half days of serving the sentence in a colony-settlement.

The reason for the development of amendments to the Criminal Code of the Russian Federation was solution The Constitutional Court, which at the end of March considered the complaint of Gennady Alekseev, a resident of the Pskov region convicted in 2020. The man had previously been sentenced to five years in a penal colony. After the cassation, the verdict was changed and Alekseev was sent to a colony-settlement, however, the time spent in a general regime colony during the term of imprisonment in the colony-settlement was not recalculated. The time spent in the pre-trial detention center was counted.

CC RF allowed also a credit for the time of deprivation of liberty served in an erroneously determined correctional institution of a more severe type. The judiciary also decidedthat it is necessary to make changes to Russian legislation that will allow recalculating the term of imprisonment while mitigating the conditions for serving a sentence.

Alexander Kislov