How to count the term in jail.
How is jail counted?
1 day in jail = 1.5 days in a colony of General regime or educational colony – explanation in part 3 of Art. 72 of the criminal code.
In some cases, 1 day in jail = 1 day in the colony? If a person is convicted of a serious or particularly serious crime, and is a recidivist – explanation in parts 3.2 and 3.3 of article 72 of the criminal code.
Extract from article 72 of the criminal code:
According to part 3 of article 72 of the criminal code. Calculation of terms of punishment and offset of punishment:
The time of custody until the sentence of the court is counted in terms of the maintenance in disciplinary military unit at the rate of one day for a day and a half of restriction of freedom, forced labour and seizure – one day, two days, of corrective works and restrictions on military service – one day for three days, and in time obligatory works – at the rate of one day of custody for eight hours of compulsory works.
3.1. The period of detention of a person shall be counted as the period of deprivation of liberty, except as provided for in paragraphs 3.2 and 3.3 of this article, at the rate of one day for:
(a) one day of serving a sentence in a prison or penal colony of strict or special regime;
b) one and a half days of serving a sentence in an educational colony or a correctional colony of General regime;
C) two days of serving the sentence in the colony-settlement.
3.2. The time of detention of a person shall be counted in the term of imprisonment at the rate of one day in respect of convicted persons with a particularly dangerous relapse of crimes; convicted persons who have been commuted to life imprisonment or imprisonment for a term of twenty-five years; convicted of crimes provided for in articles 205 – 205.5, part 3 and 4 of article 206, article 208, 209, part 4 of article 211, part 2, 3 228, article 208, part 4 of article 206. 228.1, 229, 275, 361 of this Code, and the offences related to terrorist activities provided for in articles 277 – 279 and 360 of this Code.
3.3. The time of detention of a person shall be counted in the term of imprisonment at the rate of one day for one day in respect of the period of stay of a convicted person serving a sentence in strict conditions in an educational colony or a correctional colony of General regime, in a penalty or disciplinary detention facility, a chamber-type room or a single chamber-type room, in the case of application of penalties to a convicted person in accordance with the penal enforcement legislation of the Russian Federation.
3.4. The time spent under house arrest shall be counted towards the period of pre-trial detention and the period of deprivation of liberty at the rate of two days spent under house arrest for one day of detention or deprivation of liberty.