The State Duma has taken up reforms in the penal system

On Thursday, April 11, State Duma deputies unanimously adopted in the first reading three bills regulating the execution of punishments. The first two will allow certain categories of those sentenced to restriction of freedom to receive a reprieve from punishment – pregnant women, mothers of children under 14 years of age, as well as fathers who are the only parent of such children. The third initiative enshrines in legislation the concept of “establishing a unified type of penal system.” We are talking about correctional colonies in which separate sections have been created that function as prisons and pre-trial detention centers.

On Thursday, the State Duma adopted in the first reading amendments within the framework of the concept of development of the penal system for the period until 2030. Two bills considered by deputies concerned the issue of granting deferment of sentence to pregnant women sentenced to restriction of freedom, women with a child under 14 years of age, as well as men who are raising a child under 14 years of age and are the only parent. Both initiatives were introduced by the Russian government in October last year. “It is proposed to amend the Criminal Code, Code of Criminal Procedure and Penal Code of the Russian Federation and provide the court with the opportunity, at the request of those sentenced to restriction of freedom, to postpone the actual serving,” Deputy Minister of Justice of the Russian Federation Andrei Loginov told deputies. “As of January 1, 2024, 1,605 women were registered with the criminal executive inspections and 183 men with a child under 14 years of age, and 120 pregnant women. All these are only those sentenced to restriction of freedom.”

It should be noted that the current legislation excludes the possibility of granting a deferment to those sentenced to restriction of freedom, but it applies to other convicts. The benefit also does not apply to those convicted of crimes against the sexual integrity of minors and minors, to those sentenced to a term of over five years for serious and especially serious crimes against the person, as well as to those convicted under “terrorist” articles and who have committed crimes against the constitutional order.

Deputy Irina Belykh (United Russia) explained that in the event of pregnancy, the authors propose to provide a deferment of serving the sentence “from the date of granting maternity leave.”

At the same time, the parliamentarian noted that not all women sentenced to restriction of freedom are employed, which means they will not have official leave and the opportunity to receive a deferment. By the second reading, this shortcoming will be eliminated, she assured: it will be possible to obtain a deferment even with a certificate of pregnancy from a doctor.

“According to family law, a child is a person under the age of 14. At the age of 14, he received a passport, but this did not make him any more mature,” the head of the Duma Committee on Family Protection, Issues of Paternity, Maternity and Childhood Nina Ostanina (Communist Party of the Russian Federation) addressed her colleagues. “Is it possible to consider the issue of increasing the child’s age?” By supporting the bill, we would like to have the opportunity to consider such amendments by the second reading.” The deputy asked to consider the possibility of expanding the list of articles for which those convicted can count on a deferment of punishment or its replacement with a more lenient one.

The changes proposed by Nina Ostanina “conceptually will not fit” into the bills under consideration, Ms. Belykh responded. She added that until 2030 (before the expiration of the concept for the development of the penal system), deputies have time to work through these issues. As a result, both bills were passed unanimously.

Next, the deputies considered the draft amendments to the Federal Law “On institutions and bodies of the penal system of the Russian Federation,” which legislate the concept of “institution of a unified type of penal system.”

According to the bill, these institutions include correctional colonies in which isolated areas with different types of regimes have been created – “areas functioning as a prison, and premises functioning as a pre-trial detention center.”

“In the future, their creation will make it possible to move colonies and prisons, as well as pre-trial detention centers, outside the cities,” stressed deputy Anatoly Vyborny (United Russia).

“What we have in reality today is that pre-trial detention centers built in the 19th century operate in the Republic of Buryatia, the Republic of Karelia, Krasnodar Territory, Khabarovsk Territory, Astrakhan Region, Vologda Region, Ivanovo Region. And all of them are located in the very center of regional centers, which absolutely does not fit into the model of life in a modern city,” Andrei Loginov explained the goals of the initiative. “By the end of the construction period, by 2042, we plan to build 92 institutions of this type. This will reduce the number of such institutions from 879 to 431.” The bill was also passed unanimously.

Emilia Gabdullina