• She became pregnant after a long-term date in the household detachment. Visits with a convicted person: procedure for provision

    19.07.2019

    Hello A person sentenced to imprisonment is granted two types of visits:

    Short-term, lasting 4 hours;
    long-term – up to 3 days on the territory of the PS with accommodation in a specially equipped room, as well as up to 5 days with accommodation outside the PS. In this case, the head of the correctional facility determines the procedure and location of the meeting (for example, a city hotel at the expense of the convicted person or his relatives).

    Short-term visits are granted with relatives or other persons in the presence of a representative of the administration of the correctional institution. Long-term visits are granted with the right to live together with a spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren, and with the permission of the head of the correctional institution - with other persons.

    No more than two adults, together with minor brothers, sisters, children, and grandchildren of the convicted person, can come to the convicted person for long-term or short-term visits at the same time.

    Persons arriving on a meeting with a convicted person must have identification documents, as well as documents confirming their family ties with the convicted person: passport, military ID, identity card, birth certificate, marriage certificate, documents from the guardianship and trusteeship authorities. Persons arriving on a date, their clothes and belongings are searched. If the person arriving on the date refuses this procedure, long date He is not allowed to be with the convicted person. IN in this case instead of a long visit, he may be given short date.

    Persons arriving for a short-term visit with a convicted person are not allowed to bring any products or things into the visiting room. For long dates, you are allowed to bring food (with the exception of wine, vodka and beer).

    The number of short-term and long-term visits a convicted person is entitled to per year depends on the type of correctional facility and the conditions in which he is located.

    If a convicted person is serving a sentence in a general regime penal colony and is in normal conditions, then he is allowed to have 6 short-term and 4 long-term visits during the year; in easier conditions – 6 short-term and 6 long-term visits; under strict conditions – 2 short-term and 2 long-term visits.

    If a convicted person is serving a sentence in a strict regime penal colony and is in normal conditions, then he is allowed to have 3 short-term and 3 long-term visits during the year; in easier conditions – 4 short-term and 4 long-term visits; under strict conditions – 2 short-term and 1 long-term visits.

    If a convicted person is serving a sentence in a special regime penal colony and is in normal conditions, then he is allowed to have 2 short-term and 2 long-term visits during the year; in easier conditions – 3 short-term and 3 long-term visits; under strict conditions - only 2 short-term visits.

    If a convicted person is serving his sentence in a penal colony, he can have visits without limiting their number.

    If the convicted person is serving his sentence in prison for general mode, then he is allowed to have 2 short-term and 2 long-term visits during the year.

    In prison on strict regime the convicted person is allowed only 2 short-term visits during the year.

    Convicts serving their sentences in the VK are allowed to have during the year: under normal conditions - 8 short-term and 4 long-term visits; in easier conditions - 12 short-term and 4 long-term visits; under preferential conditions - an unlimited number of short-term dates and 6 long-term dates; under strict conditions - only 6 short-term visits.

    The first meeting can be granted to the convicted person immediately after his transfer from the quarantine department of the correctional institution (here the convicted person is kept from the first day of arrival at the correctional institution and up to 15 days) to the detachment. Subsequent visits are granted after a period of time equal to the number obtained by dividing 12 months by the number of visits (short-term and long-term) a convicted person is entitled to per year.

    Convicted persons, upon their written application, are allowed to replace a long visit with a short-term one, short-term or long-term visit - telephone conversation.

    (Articles 89, 121, 123, 125, 131 of the Penal Code of the Russian Federation; section XIV of the Penitentiary Rules)

    Most often, the question of how a long visit in prison goes is asked by people whose relatives and friends have been imprisoned for a long period of imprisonment. And it is at this moment that those who have stumbled deserve attention and support from people close to them. Therefore, they need meetings and visits with relatives in order to brighten up at least a couple of days of imprisonment in places not so distant.

    First of all, let's talk about what kind of dates there are in the general security zone. As a rule, they are divided into two categories according to time:
    1. Long dates;
    2. Short-term dates.
    A long visit in prison is considered the most desirable for prisoners, because they can be allowed to see loved ones and close people for three whole days. And relatives can settle in a specially equipped room on the territory of the colony at their own expense or the expense of the convicted person. A long visit in prison for five days is also allowed if relatives stay outside the prison.

    A short-term visit in prison is allowed for a period of no more than 4 hours.

    Although the duration of a visit in prison may depend on the following factors:
    Type of punishment served by the convicted person;
    Conditions of detention;
    Behavior of the convicted person and adherence to the internal detention regime;
    The decision of the administration or the head of the correctional institution where the convicted person is serving his sentence.
    For more details, see articles of the Penal Code of the Russian Federation 89, 121, 123, 125, 131.

    How many meetings are allowed under the general regime?

    The number of visits per year is based on what type of sentence the prisoner is on. Let's start with the question, how much is due?
    In addition to the general regime, lighter conditions of detention are often added. In this case, up to six long-term visits are allowed, and the same number of short-term visits in every 12 months of serving the sentence.
    If a prisoner is serving a sentence in a general regime colony without light conditions, then there will be four long visits.
    Sometimes, if the convict behaves well, then, by decision of the administration, the management can turn a blind eye to an extra long visit in the zone. But only one thing, and on the condition that the prisoner tries to improve and follows all the internal rules.

    Answering the question: how many visits are allowed under the general regime, we will indicate - 4 long and short-term per year.

    However, if the convicted person has been observed to have gross violations of order, he may be deprived of visits.

    How many visits are allowed under strict regime?

    Now let's move on to those who were sentenced to imprisonment in maximum security colonies. There are also two forms of serving the sentence:
    1. Under normal conditions;
    2. In easier conditions.
    A prisoner serving a sentence in a maximum security colony under normal conditions is allowed three long-term visits in prison and three short-term visits per year.
    If he is in a lighter position, then the number of visits in the colony will be the same as under the general regime - 4 long-term and 4 short-term per year.

    How many dates are allowed under a special regime?

    The situation is even more difficult and complicated for those who are in a special regime of detention. Here the number of dates will be less:
    1. Under normal conditions – 2 long-term and 2 short-term;
    2. In a light mode - 3 long and 3 short-term.
    For you and me, the difference of one date may seem small, but from a psychological point of view, for people isolated from society for educational purposes, every date with a loved one becomes almost a holiday. Therefore, for people who have committed more serious crimes, such a privilege as a long “date” in prison can not only be reduced, but also canceled if his behavior does not comply with internal regulations.

    How many visits are allowed under strict regime?

    Long visits in a maximum security colony are completely prohibited. Prisoners have access to only two short-term visits with relatives per year.
    The reasons for this limitation are:
    The severity of the crime committed;
    Recidivism or criminal history of prisoners;
    The need for strict measures to re-educate citizens.

    How to get a date outside the colony settlement?

    But the most comfortable and attractive conditions for dating on the territory of prisons are dates in a colony-settlement. Because the number of meetings with relatives and friends there is not limited, and sometimes meetings outside the colony are allowed.
    To get a visit outside the prison, you must:
    1. Comply with the internal regulations of the prison;
    2. Write an application requesting a visit outside the prison territory addressed to the head, or to the person replacing him.

    At the request of a convicted person imprisoned in a general regime, he can remain in custody in a pre-trial detention center, where he was awaiting a court decision. To do this, he needs to express his desire to remain in the housekeeping squad.

    If a person remains in jail, he is guaranteed parole if he works hard, as well as unlimited short-term visits of up to four hours and long visits.

    Have a question for a lawyer? Ask now, call and get a free consultation from leading lawyers in your city. We will answer your questions quickly and try to help with your specific case.

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    Short-term date

    Everyone knows what a short-term date is. These are brief meetings of the convicted person with family and friends in a specially equipped room on the territory of the colony. Meetings can only be permitted by the prison administration.

    On short-term visits, the convicted person will be accompanied by a representative of the colony.

    Therefore, be prepared for the following:
    1. You cannot transfer personal items and products during a short visit;
    2. Conversations will be monitored by colony workers;
    3. In some cases, meetings will take place in rooms where the convicted person and his guest will be separated by glass.
    If you want, then use the window to transfer things. You can read more about this here.

    Long date

    Now let's move on to more interesting question What is a long visit in prison?
    Its main difference is that several days will be allocated for meetings with the convicted person, and it will take place either in the premises of the colony or in a hotel building on the territory of the colony. Payment for accommodation at the expense of a relative or the convicted person himself.
    Basic rules and permissions for long dates:
    1. You can take food and drinks with you, but not in glass containers;
    2. Meetings must take place exclusively in a designated room; the convicted person cannot leave it. If the convicted person leaves the meeting room, the meeting will be over.
    3. As a rule, long visits are allowed only for married couples and close relatives. Sometimes they are supplemented by caretakers in the pre-trial detention center. Close relatives include:
    a. Children (biological and adopted);
    b. Spouses;
    c. Parents;
    d. Brothers, sisters;
    e. Grandparents.
    4. If a prisoner does not exhibit exemplary behavior, he may be prohibited from having long visits.
    In addition, visits with cohabitants and loved ones are practically not allowed unless marriage is formalized.

    How are visits conducted in prisons?

    Since a prison is an area that is under constant special security, be prepared for thorough inspection and control by prison employees.
    Employees must check you for absence:
    1. Alcohol and drug intoxication;
    2. The presence of prohibited items: money, weapons, mobile phones, drugs;
    3. Food, if the date is short-term, as well as the presence of prohibited containers (glass, metal).

    The procedure for examining those arriving on a meeting with a prisoner differs in different prisons, so do not agree to various offers from the guards to “lead” you without inspection. Don't make life difficult for your relative.

    You are also required to show your documents:
    1. Passport or other identification document;
    2. Confirmation of relationship with the prisoner or marriage contract concluded with him.
    If at least one document is missing, the prison officer has the right to refuse a long visit.

    Refusal to be searched before entering the prison grounds means an automatic ban on visiting the prisoner.

    In addition, for the safety of arrivals, each room for long visits is equipped with telephones for calling armed guards. After the time allotted for the meeting has expired, a bus or convoy will come for you and escort you out of the prison territory. The prisoners themselves will be taken to their cells.

    List of permitted products and things that you can take on a date in prison

    So, if you are going on a short-term visit in prison, then all food and things must be transferred in the form of a parcel through a special window. And we’ll talk in more detail about what you can take with you on a long visit in prison.
    So, the permitted list includes:
    1. Food;
    2. Soft drinks, not in glass containers;
    3. Books, video discs;
    4. Personal hygiene items;
    5. Clothes for you and your relative.
    Prohibited:
    1. Narcotic drugs;
    2. Mobile phones, tablets;
    3. Alcohol-containing drinks;
    4. Weapons and means from which they can be made;
    5. Money.
    Never try to bribe a guard to transfer prohibited items into the prison, as you will either worsen the situation of your relative or fall under the criminal code.
    The list of acceptable food products includes:
    1. Instant food:
    a. Noodles;
    b. Soups for brewing;
    c. Porridge.
    2. Bouillon cubes;
    3. Crackers, Bread
    4. Black tea, sugar, coffee;
    5. Vegetable oil or butter in a small volume;
    6. Cheeses;
    7. Cigarettes.
    A more detailed list of products can be found at this address.

    Conclusion

    In Russia, unlike a number of countries, long visits are allowed with relatives of the prisoner living on the territory of the colony. However, this requires fulfilling a number of strict requirements.
    However, for the prisoner, meeting with loved ones a real holiday, so don’t be afraid to go “visit” him in the colony and support him. He needs support now more than ever. Most importantly, do not forget to send a request for a meeting to the head of the colony and study the list of things acceptable for transfer.

    Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve the issue you have regarding Criminal Law, we advise you to seek the advice of a lawyer in support of the site.

    Those sentenced to imprisonment are granted short-term visits lasting four hours and long-term visits lasting three days on the territory of the correctional institution. In the cases provided for by this Code, convicts may be granted long visits with accommodation outside the correctional institution for a period of five days. In this case, the head of the correctional institution determines the procedure and place of the meeting.2. Short-term visits are granted with relatives or other persons in the presence of a representative of the administration of the correctional institution. Long-term visits are granted with the right to live together with a spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren, and with the permission of the head of the correctional institution - with other persons. 2.1.

    How to get permission to date your partner?

    In the light mode - 3 long-term and 3 short-term. For you and me, the difference of one date may seem small, but from a psychological point of view, for people isolated from society for educational purposes, every date with a loved one becomes almost a holiday . Therefore, for people who have committed more serious crimes, such a privilege as a long “date” in prison can not only be reduced, but also canceled if his behavior does not comply with internal regulations.
    How many visits are allowed under strict regime? Long visits in a maximum security colony are completely prohibited. Prisoners have access to only two short-term visits with relatives per year. The reasons for this limitation are: The severity of the crime committed; Recidivism or criminal history of prisoners; The need for strict measures to re-educate citizens.

    Long-term visit permit for unmarried persons

    Today, current legislation gives the head of a correctional institution the right to independently make decisions regarding the determination of permission or prohibition on visits with non-close relatives. You, being the girlfriend of a prisoner, cannot pretend to be a close relative, so there is no confidence that you will get a long date with your boyfriend.


    The guaranteed right to cohabitation is granted only to spouses, parents, children, adoptive parents and adopted children, brothers and sisters of the first degree of kinship, grandparents, and grandchildren. To other persons (in accordance with Article 89 of the Criminal Executive Code Russian Federation you are another person), as was said earlier, permission for a long visit is granted only by decision of the head of the correctional institution.

    Dating with a convicted person

    Naturally, your behavior young man should be exemplary and exemplary, because no one is going to meet halfway prisoners who create riots and violate the regime and conditions of serving time in correctional institutions. It is not at all necessary, but sometimes prison governors require documentary evidence of the actual marital relationship between the prisoner and the guest.
    To actually marital relations include cohabitation within a civil marriage. You do not indicate that you are the prisoner's common-law wife.
    However, your chances of obtaining permission for a long visit will increase significantly if the housing office or house management company agrees to issue a certificate confirming the fact of cohabitation.

    How to get a meeting with a convicted person in a pre-trial detention center? sample application

    Instant food:a. Noodles;b. Soups for brewing;c. Porridge.2. Bouillon cubes;3. Crackers, Bread4. Black tea, sugar, coffee;5.
    Vegetable oil or butter in a small volume;6. Cheeses;7. Cigarettes. A more detailed list of products can be found at this address. Conclusion In Russia, unlike a number of countries, long-term visits are allowed with relatives of the prisoner living on the territory of the colony. However, for this you need to fulfill a number of strict requirements. However, for a prisoner, meeting with loved ones is a real holiday, so don’t be afraid to go “visit” him in the colony and support him.

    He needs support now more than ever. Most importantly, do not forget to send a request for a meeting to the head of the colony and study the list of things acceptable for transfer. Please note that Russian legislation is constantly changing and the information we write may become outdated.

    Protect yourself - without intermediaries

    Important

    According to Article 75 of the Criminal Executive Code of the Russian Federation: Those sentenced to imprisonment are sent to serve their sentence no later than 10 days from the date the administration of the pre-trial detention center receives notification that the court verdict has entered into legal force. During this period, the convicted person has the right to short-term visits with relatives or other persons.


    How to get a meeting with a convicted person in a pre-trial detention center It’s worth saying right away that visits are granted on a first-come, first-served basis, and in most cases the queue stretches out for months in advance. So, the application is written in the name of the body or person in charge of the criminal case - the investigator (if the prisoner is currently under investigation), the judge (if the case materials have been transferred to the court), the appeal board (if the appeal is being considered), the administration (head) of the isolation ward.

    How to get a meeting with a convicted person in a pre-trial detention center?

    If a person remains in jail, he is guaranteed parole if he works hard, as well as unlimited short-term visits of up to four hours and long visits. Short-term date Everyone knows what a short-term date is.

    On short-term visits, the convicted person will be accompanied by a representative of the colony. Therefore, be prepared for the following: 1. You cannot transfer personal items and products during a short visit;2.

    Conversations will be monitored by colony workers;3. In some cases, meetings will take place in rooms where the convict and his guest will be separated by glass. If you want to transfer food to the prison, then use the window to transfer things.

    Permission for a long visit with your partner

    The grounds for early termination of a meeting are:

    • an attempt to transfer prohibited items, substances and food to a suspect or accused;
    • an attempt by persons arriving on a date to transmit information that may interfere with establishing the truth in a criminal case or contribute to the commission of a crime.

    It is carried out in a room specially designated for this procedure, which is equipped with a specialized intercom and a dividing barrier made of bulletproof glass. Conversations can be listened to by the person responsible for this, and if necessary, conversations are recorded. Also, there must be a pre-trial detention center employee directly in the premises, who exercises control in order to prevent possible unauthorized transfer.

    What is needed to get a visit with a prisoner in pre-trial detention

    The background to this case is as follows: “We were approached by a citizen serving a sentence in prison. Before his arrest and conviction, he lived in a civil marriage. The marriage is not registered with the civil registry office. — The client’s common-law spouse applied to the correctional institution (correctional institution) for a long visit, but was refused. — We appealed the refusal to the court, which obliged the administration of the correctional institution to provide a long visit. — Below is the decision of the appellate court, where the administration of the correctional institution, dissatisfied with this decision, appealed. The Judicial Panel considered the appeal ruling in court hearing case on the appeal of the Executive Committee of the Federal Penitentiary Service against the decision on district court on the claim of a lawyer in the interests of a citizen against the EC to declare the actions illegal and impose an obligation to provide a visit.

    Permission for a long visit

    The procedure for obtaining permission to see a convicted person in a pre-trial detention center Writing an application for permission to visit: written to the name of the person or body in charge of the criminal case (head of the pre-trial detention center, judge, chairman, investigator). The application must indicate the nature of the social connection with the suspect and ask for written permission to meet (up to 2 people).

    Sample application for 2018. Obtaining written permission: the document must be certified with an official seal and also contain information about the persons allowed to visit. Remember that the investigator or other official has the right to refuse a meeting if he believes that such a meeting may interfere with establishing the truth in this criminal case.

    In this case, request a written response from the official indicating the reason for the refusal. Come to the pre-trial detention center with written permission and a passport.

    How is a visit in prison?

    The court of first instance, satisfying the Plaintiff’s demands, reasonably applying the provisions in accordance with Part 2 89 of the Penal Code, paragraph 75 of the Internal Regulations of Correctional Institutions (Order of the Ministry of Justice dated 03.11.2005 N 205), proceeded from the fact that the basis for refusing to provide the convicted a long meeting with another person, the category of which the Plaintiff belongs to, is the fact of the negative impact of such a meeting on the convicted person. There are no grounds that would indicate that a long meeting with the Plaintiff will have a negative impact on the convicted person. In this connection, the refusal of the IC administration to grant a visit by the court of first instance was correctly recognized as unfounded. From the case materials, it appears that the convict was repeatedly granted short-term visits with the Plaintiff. The defendant did not provide information that these visits had a negative impact on the convicted person.
    Spouses;c. Parents;d. Brothers, sisters; e. Grandparents.4. If a prisoner is not distinguished by exemplary behavior, then he may be prohibited from long visits. In addition, visits with cohabitants and loved ones are practically not allowed unless marriage ties are formalized. How are visits conducted in prisons? Since a prison is an area that is under constant special security, be prepared for a thorough inspection and control by prison workers. The workers must check you for the absence of: 1. Alcohol and drug intoxication; 2. The presence of prohibited items: money, weapons, mobile phones, drugs; 3. Food, if the date is short-term, as well as the presence of prohibited containers (glass, metal).

    The types of visits with a convicted person, the number of visits a convicted person is entitled to during a year, and their duration are established by the Criminal Executive Code of the Russian Federation.
    All this depends on the type of correctional institution, as well as the conditions in which the convicted person is serving his sentence. The procedure for providing convicts with visits is regulated by the Internal Rules of Correctional Institutions, approved by Order of the Ministry of Justice of the Russian Federation of November 3, 2005 No. 205.
    A person sentenced to imprisonment is provided with two types of visits on the territory of a correctional institution:
    long-term – up to 3 days on the territory of a correctional institution with accommodation in a specially equipped room, as well as up to 5 days with accommodation outside the correctional institution. In this case, the head of the correctional institution determines the procedure and location of the meeting (for example, a city hotel at the expense of the convicted person or his relatives).
    And so, the number of short-term and long-term visits that a convicted person is entitled to per year depends on the type of correctional institution and the conditions in which he is serving his sentence.
    If the convicted person is serving his sentence in penal colony general regime and is in normal conditions, then he is allowed to have 6 short-term and 4 long-term visits during the year; in easier conditions – 6 short-term and 6 long-term visits; under strict conditions – 2 short-term and 2 long-term visits.
    If a convicted person is serving a sentence in a high-security correctional colony and is in normal conditions, then he is allowed to have 3 short-term and 3 long-term visits during the year; in easier conditions – 4 short-term and 4 long-term visits; under strict conditions – 2 short-term and 1 long-term visits.
    If a convicted person is serving a sentence in a special regime correctional colony and is in normal conditions, then he is allowed to have 2 short-term and 2 long-term visits during the year; in easier conditions – 3 short-term and 3 long-term visits; under strict conditions - only 2 short-term visits.
    A convict serving a sentence in a penal colony may have visits without limiting their number.
    If the convicted person is serving a sentence in prison under general regime, then he is allowed to have 2 short-term and 2 long-term visits during the year. In a maximum security prison, a convicted person is allowed only 2 short-term visits during the year.
    Convicted minors serving sentences in educational colonies are allowed to have during the year: under normal conditions - 8 short-term and 4 long-term visits; in easier conditions - 12 short-term and 4 long-term visits; under preferential conditions - an unlimited number of short-term dates and 6 long-term dates; under strict conditions - only 6 short-term visits.
    Short-term visits are granted with relatives or other persons in the presence of a representative of the administration of the correctional institution. Long-term visits are granted with the right to live together with a spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren, and with the permission of the head of the correctional institution - with other persons.
    No more than two adults, together with minor brothers, sisters, children, and grandchildren of the convicted person, can come to the convicted person for short-term or long-term visits at the same time.
    Persons arriving on a meeting with a convicted person must have identification documents, as well as confirming their family ties with the convicted person: passport, military ID, identity card, birth certificate, marriage certificate, documents from the guardianship and trusteeship authorities. Persons arriving on a date, their clothes and belongings are searched. If a person arriving for a meeting refuses this procedure, he is not allowed a long meeting with the convicted person. In this case, instead of a long visit, he may be granted a short-term visit.
    Persons arriving for a short-term visit with a convicted person are not allowed to bring any products or things into the visiting room. For long dates, you are allowed to bring food (with the exception of wine, vodka and beer).
    The first meeting may be granted to the convicted person immediately after his transfer from the quarantine department of the correctional institution to the detachment. A convicted person can be kept in a quarantine department from the first day of arrival at a correctional institution and up to 15 days. Subsequent visits are granted after a period of time equal to the number obtained by dividing 12 months by the number of visits (short-term and long-term) a convicted person is entitled to per year.
    At the written request of the convicted person, he is allowed to replace a long meeting with a short-term one, or a short-term or long-term meeting with a telephone conversation.
    To receive legal assistance, convicts are granted visits with lawyers or other persons entitled to provide legal assistance, without limiting their number and lasting up to four hours. According to the application convicted date with a lawyer are provided in private, out of earshot of third parties and without the use of technical means of listening.

    Nikolay Severin

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