Correctional Labor Without Deprivation of Freedom

in Soviet criminal law a form of penalty imposed by the court for a term of from one month to one year. With this form of punishment, 5 to 20 percent of the earnings of the person convicted are deducted as state income (the amount of the deduction is established by the court judgment). The deductions are made from the gross amount of earnings before taxes and other payments. Benefits for temporary disability and pregnancy and childbirth benefits are computed from the convicted person’s earnings after these deductions. Correctional labor is imposed by the court in those cases in which the character of the crime committed and the personality of the defendant give ground to assume that his correction and reeducation may be achieved without isolation from society in a labor collective.

Certain limitations of labor rights are established for those sentenced to correctional labor: while serving sentences, they are not allowed to leave their jobs by their own desire without permission from the bodies in charge of the execution of this kind of penalty; during this period, they have no right to vacation time; and the time of the correctional labor term is not included either in the overall uninterrupted length of service or in service giving the right to vacation time, service benefits, or wage increments. If the convicted person in serving his sentence conscientiously performs his work and is well behaved, the term of correctional labor may be included in the overall length of his work if a court so decides.

If the convicted person maliciously evades serving the sentence, the court may, following the report of the body overseeing fulfillment of this kind of penalty, substitute deprivation of freedom for the remaining original penalty.

The criminal code provides two kinds of correctional labor without deprivation of freedom: at the place of work of the convicted person or elsewhere in the area of his residence. In case of the conviction of a minor to correctional labor, the court, as a mandatory procedure, takes into account the necessity to ensure the appropriate supervision over his behavior and his training, so that he can obtain a professional skill.

The term of correctional labor sentences is computed according to the months and days the convicted person worked and deductions were being made from his earnings. This term also includes the time during which the convicted person did not work for valid reasons, while continuing to receive wages according to the law. Such time includes sick leave, time off to care for sick persons, and maternity and childbirth leave.