Article 43. Correctional Labor

1. Correctional labour shall be appointed for a period from two months up to two years, and shall be served in the place of work of a given convict.

2. From wages of a convict earned from correctional labour, withholdings shall be made to the revenues of the state in the amount established by a court's sentence, within the limits from five to twenty five percent.

3. Correctional labour may not be sentenced upon persons who are recognised as incapable of work, who do not have permanent work, or who study in educational institutions with their work being discontinued. Instead of correctional labour, a court may exact upon such persons a fine calculated as follows: the amount of a fine equal to one monthly calculation base established by legislation for one month of correctional labour, if a sanction of the relevant article of the Special Part of the present Code does not stipulate punishment in the form of a fine. A court may also replace correctional labour with a fine, if indicated circumstances arose during the period of serving punishment.

4. In case of a malicious evasion of serving a term of punishment by a person sentenced to correctional labour, a court may replace an unserved term of correctional labour with a punishment in the form of restriction of freedom, arrest, or deprivation of freedom for the same period.

Article 44. Restriction in Military Service

1. Restriction in military service shall be sentenced upon convicted military servicemen who undergo military service under a contract, as well as officers who undergo military service under draft, for a period from three months up to two years in cases stipulated by relevant articles of the Special Part of the present Code for the commission of crimes against military service, as well as to convicted military servicemen who undergo military service under a contract, instead of correctional labour stipulated by the relevant articles of the Special Part of the present Code.

2. From a monetary allowance of a convict sentenced to restriction in military service, withholdings shall be made to the revenues of the state in the amount established by a court's sentence, but not more than twenty percent. During the time of serving this punishment, a convict may not be promoted to a higher office or military rank, and a period of punishment shall not be included into the length of service for a conferment of a next military rank.

Article 45. Restriction of Freedom

1. Restriction of freedom shall consist in imposition on the person convicted by the court of certain duties which restrict his freedom and it shall be endured in the place of his residence under the supervision of the specialised body without isolation from the society for a period from one year up to five years. In the case of replacement of another punishment (engaging in public work or correctional labour) with restriction of freedom, it may be prescribed for a period less than one year.

The court when prescribing a punishment in the form of restriction of freedom shall impose upon the convict the performance of the following duties: not to change the permanent place of residence, work and training without a notice to the specialised authorities, not to visit certain places, during the time which is free of school and work not to leave the place of residence, not to depart for other areas without a permit from the specialised authority. The court may also impose upon a person sentenced to restriction of freedom, the performance of other duties which assist his correction: to undergo a course of medical treatment from alcoholism, drug addiction, toxicomania, sexually-transmitted diseases, to carry out material support of the family.

2. In the case of malicious evasion of endurance of punishment by a person sentenced to restriction of freedom, the court may replace the unserved term of restriction of freedom with a punishment in the form of deprivation of freedom for the same period. In that respect the period of enduring the restriction of freedom shall be reckoned towards the period of deprivation of freedom on the basis of one day of deprivation of freedom for one day of restriction of freedom.

3. Restriction of freedom shall not apply to the persons who have court sentences for the commission of a grave and especially grave crime, to military servicemen, as well as to persons who have no permanent place of residence.

4. During the period of enduring a sentence in the form of restriction of freedom, the court pursuant to the proposal of the body which carries out the supervision of the convict's behaviour, may fully or partially cancel the duties previously imposed upon the convict.

Date: 2014-12-21; view: 996