Using the Social-psychological Characteristics of the Convicted

Persons with Suspended Service of Sentence in the Course of

Criminal Intelligence and Surveillance Operations regarding Them

Irina Aleksandrovna Lakina

,Nadezhda Aleksandrovna Tsvetkova

Lydia Petrovna Pitkevich

and Tatiana Nikolaevna Timofeeva

Research Institute of the Federal Penitentiary Service of Russia

Russian State Social University, Faculty of Psychology, Moscow, Russia

Keywords: Criminal Intelligence and Surveillance Operations, Psychology of Criminal Intelligence and Surveillance

Operations, Social-pychological Characteristics, Convicted Persons, Suspended Service of Sentence,

Investigative Measures, Prevention, Social-Psychological Work.

Abstract: The article contains an analysis of the state of control over the convicted persons with suspended service of

sentence, including the conduct of investigative measures regarding them, as well as research on issues related

to the provision of social and psychological assistance to this category of the convicted persons. The purpose

of the study was to obtain a holistic and realistic picture of the use of the suspended service of sentence in

Russia in 2020, to identify difficulties and determine the opportunities for improving the existing law

enforcement practice for the considered criminal justice measure. The judicial statistical data, statements and

reports on the activities of the criminal enforcement inspectorates, as well as the results of a sample survey of

100 employees of these institutions, were analyzed. The statistical data analysis showed that as of the end of

2020, 7240 convicted persons of the study category were on the records of the criminal enforcement

inspectorates of Russia, among them, 85 % were females and 15 % - males. As of 01/01/2021, 0.5% of the

convicted persons on the records were wanted for, and the criminal intelligence operations were conducted

regarding 0.2%. On the basis of the sample survey of the criminal enforcement servants, this category of the

convicted persons was characterized, the social-psychological work conducted with them was highlighted;

the psychological support technology was noted as the most effective form of support. The disadvantages and

difficulties in the work with the convicted persons with suspended service of sentence which elimination will

promote for prevention of repeated crimes and inadmissibility of their hiding out of the place of residence are

provided; the areas of improvement of three main aspects of the use of suspended service of sentence - control

over the convicted persons, provision of social and psychological support for them, and their detection - are

offered.

1 INTRODUCTION

A criminal act, prosecution for its commitment, and

criminal sentencing do not always mean the direction

of the guilty person to the places of confinement. Due

to certain life circumstances of the convicted person

or his/her physical features, the sentence enforcement

can be delayed for an indefinite period.

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The suspended service of sentence as provided by

Article 82 of the Criminal Code of the Russian

Federation is used in such cases (hereinafter - Art. 82

of the CC of the RF).

The suspended service of sentence is one of the

kinds of relief from punishment. It consists not in

bringing certain categories of the convicted persons

to real sentence enforcement due to its inexpediency

Lakina, I., Tsvetkova, N., Pitkevich, L. and Timofeeva, T.

Using the Social-psychological Characteristics of the Convicted Persons with Suspended Service of Sentence in the Course of Criminal Intelligence and Surveillance Operations Regarding

Them.

DOI: 10.5220/0010644600003152

In Proceedings of the VII International Scientiﬁc-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” (CLOSA 2021), pages

383-388

ISBN: 978-989-758-532-6; ISSN: 2184-9854

383

and impossibility to have the required positive effect

at the given moment.

The suspended service of sentence is based on the

goals set: maintaining the socially useful relations

with the family, observing its interests and upbringing

the children of the convicted persons. A law-maker

supposes that by imprisoning an offender, it may

encroach on interests of the members of his

immediate circle who need his support, of child

upbringing, of financial support, etc.

To achieve these goals, the effective

implementation of the principle of humanity

regarding some categories of the convicted persons

requires solving the problem of control both over

their behavior in society, and over the persons

offending against the law.

The scientific researches conducted for the last

five years show that the criminalists and

criminologists discuss the place of suspended

imprisonment in the Russian legislation (Balashova

A.Yu., 2018; Sayadan S.G., 2016) in relation to the

criteria of correctness of criminal law standards

(Denisova A.V., 2017; Dyadyun K.V., 2017); raise

the question of peculiarities of enforcing this measure

of punishment (Kopylova O.P. and Medvedeva S.V.,

2019; Krasilnikova M.S., 2015; Kuznetsov A.I. and

Novikov R.V., 2020). The reasonability, peculiarities

and effectiveness of the use of the suspended service

of sentence when implementing particular kinds of

punishment are also discussed (Olkhovik N.V., 2018;

Rakhmatulin Z.R., Rumyantsev N.V., Shamsunov

S.Kh, 2019).

Not only the criminal, but also penal aspects of

using this measure come in sight of the scientists

(Skobeleva N.G., 2019; Elinsky V.I., Fedorov R.V.,

Zhirov R.M., 2020). An active scientific search for

the ways of improving the effectiveness of various

actions implemented in the work with the convicted

persons with suspended service of sentence for the

purposes of decrease in recidivism is observed in this

area (Zhuk O.D., Fedorov R.V., Zhirov R.M., 2020;

Zvonov A.V. and Savin A.A., 2020; Sukhodolov

A.P., Marenko V.A., Bychkova A. M., 2019;

Filippova O.V., 2019; Tsvetkova N.A., 2019, etc.).

By summarizing this review of the scientific and

theoretical prerequisites for this research, with some

degree of conventionality, we distinguished three

most important aspects for the use of the suspended

service of sentence in the national criminal

enforcement system; these are a) control over the

convicted persons; b) support to the convicted

persons; c) detection of the evading convicted

persons.

These aspects have been the subject of our

analysis, which purpose is to obtain a holistic and

realistic picture of the use of the suspended service of

sentence in Russia in 2020, to identify difficulties and

determine the opportunities for improving the

existing law enforcement practice, to consider

peculiarities of the criminal intelligence and

surveillance operations regarding this category of the

convicted persons.

2 MATERIALS AND METHODS

The following study methods were used: a) analysis

of statistical materials (judicial statistical data,

statements and reports on the activities of the criminal

enforcement inspectorates (hereinafter referred to as

the CEI); b) sample survey of the CEI employees (100

randomly selected people took part in it); c) analysis

of methodological literature on this issue.

3 RESULTS AND DISCUSSION

Analysis results of control over the convicted persons

with suspended service of sentence.

According to the statistical data provided by the

Federal Penitentiary Service as of the end of 2020,

7240 convicted persons having a child at the age

under fourteen years old and whom the suspended

service of sentence was granted according to Art. 82

of the CC of the RF were on the records of the

criminal enforcement inspectorates of the Federal

Penitentiary Service of Russia (hereinafter referred to

as the CEI) (“Characteristics of persons being on the

records of the criminal enforcement inspectorates,

2021”), among whom (Characteristics of persons

being on the records of the criminal enforcement

inspectorates):

 85 % were females;

 15 % were males;

 less than 1 % of minors.

The sample survey of the CEI employees showed

that the convicted persons had the following socio-

demographic characteristics: these are primarily

females at the age from 30 to 45 years old; more often,

the divorced or those having the informal marriage:

upbringing from 2 to 4 minor children; as a rule,

previously unconvicted. About half of the convicted

persons have permanent work - 45.8%, are satisfied

with temporary earnings - 43.7%, life at the expense

of the husband (partner) or live and depend on social

benefits - 10.5%. Often, the convicted persons have

CLOSA 2021 - VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH

ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”

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special secondary education, and rarer - higher

education. Most of them live in own residential

facilities, a few of the convicted persons live in the

rented rooms.

Their living standard tends towards low for a

number of reasons, including due to that they are

mostly interested in social benefits and pension fees,

in very rare cases, they want to work individually and

legally.

They are characterized by such features as

tendency to impulsion, anxiety, emotional

vulnerability, demonstrativeness, avoidance of

responsibility, underdevelopment and defects in the

communicative sphere, clinging to the object of

affection, tendency to gambles. They have hobby on

rare occasions, and mostly, they are prone to alcohol

drinking.

It should be noted that the convicted persons may

live in the neighborhood with the persons tending to

sustained criminal behavior, antisocial behavior who

served sentence in the places of confinement that

forms preconditions for criminal behavior. Having

summarized the data, we can see the following

“profile” of a convicted person with suspended

service of sentence:

 45.8% of the convicted persons of this group

live antisocial life and do nothing in upbringing

and taking care of the child;

 29.1% of the convicted persons leave their

child to relatives or other persons;

 18.7% of the convicted persons take other

actions evidencing their avoidance of

upbringing the child;

 6.4% of the convicted persons abscond the CEI.

At this, the respondents note an important role of

the CEI interaction with the regional child protection

services as additional subjects on prevention of

repeated crimes in the control over the convicted

persons with suspended service of sentence. Their

joint work is implemented in the form of visits to the

convicted persons in the place of residents, inspection

of family and domestic conditions, drawing up the

living conditions, conducting awareness-raising work

with the interested persons, providing character

reference on the place of residents. On the CEI’s

inquiry, the information on inadequate upbringing

(maintenance) of the child. These forms of activities

were regularly conducted during 2020.

The reverse side of control over the convicted

persons with suspended service of sentence is

assistance of various forms. To organize such

assistance means to control the situation. The better

the assistance system is organized, the more

controllable will be the situation. This phenomenon is

scientifically grounded and well-known to the CEI

psychologists.

In 2020, almost 100% of the convicted persons

with suspended service of sentence who needed

assistance got it, including:

 employment - 3.38% of the assistance

provided;

 material - 4.13% of the assistance provided;

 medical - 2.23 % of the assistance provided;

 psychological - 88.68% of the assistance

provided. The individual consultations, as well

as psychocorrective activities were conducted

with the convicted persons (including 86% -

individual, 14% - group). The social-

psychological work with the convicted persons

was based on the “Methodological guidelines

on organization of psychological work with the

convicted persons being on the records of the

criminal enforcement inspectorates with the

support algorithm of the convicted persons

being on the records of the criminal

enforcement inspectorates” (according to the

most of the interviewed CEI psychologists, the

optimal option for working with this category

of the convicted persons was the social-

psychological support technology);

 in executing documents – 71 convicted persons

(or 1.54 % of the assistance provided);

 in acquiring a profession – 5 convicted persons

(or 0.11 % of the assistance provided);

 in solving housing problems – 37 convicted

persons (or 0.8 % of the assistance provided);

 in organizing leisure time (participation in

contests, sport events, excursions) – 345

convicted persons (or 7.47 % of the assistance

provided);

 other – 850 convicted persons (or 18.4 % of the

assistance provided).

It is important to note the social work with the

convicted persons with suspended service of sentence

organized in close cooperation with nonprofit

organizations and social rehabilitation centers in the

regions is also aimed at preventing the repeated

crimes, evasion and detection.

According to the criminal legislation, the

convicted persons with suspended service of sentence

as provided by Art. 85 of the CC of the RF should

duly treat their children, maintain and upbring, ensure

good housing conditions for them. However, there are

the cases on the CEI practice when such mandatory

requirements are not observed. The negative aspect

can be ignoring the discharge of parental duties,

conducted psychological work with the convicted

person that leads to the violation of the procedure and

Using the Social-psychological Characteristics of the Convicted Persons with Suspended Service of Sentence in the Course of Criminal

Intelligence and Surveillance Operations Regarding Them

385

conditions for the suspended service of sentence,

including if the place of location of the convicted

person has become unknown. The latter

circumstances invoke the criminal intelligence and

surveillance operations with regard to the convicted

person, and then to the detection. And here, the third

aspect of the suspended service of sentence we study

appears - detection of the convicted persons.

In 2020, the criminal intelligence and surveillance

operations were carried out with regard to 1-1.2% of

the convicted persons with suspended service of

sentence as provided by Art. 82 of the CC of the RF.

Less than 1% of such convicted persons were wanted

for. 60% of the convicted persons absconded the CEI

were detected 2020.

As of 01/01/2021, 0.5% of the convicted persons

on the CEI records were wanted for, and the criminal

intelligence operations were conducted regarding

0.2%.

It is important to note that absconding the law-

enforcement authorities for the category of the

convicted persons whom this criminal law measure is

applied to is inadmissible. This is virtually always

related to non-observance of the most critical

condition for suspension - maintenance and

upbringing of the minor child.

The promptness of the criminal intelligence

operations and the detection of the convicted persons

are directly related to upbringing, maintenance of the

minor child, ensuring adequate material and housing

conditions, education, etc. The situation becomes

even more dangerous when the child was not left to

the relatives, and stays with the convicted person

whose location is not known, since there is a real

threat to life and health of such minor child and

his/her potential involvement in criminal

environment.

There are also other grounds for the criminal

intelligence operations and putting this category of

the convicted persons on the wanted list in the CEI

practice. Up to 15% of the convicted persons with

suspended service of sentence is made up by the

convicts returned due to application of Art. 82 of the

CC of the RF.

According to the legislation of the Russian

Federation, in case of non-arrival of the convicted

person to the chosen place of residence after

announcement of ruling on suspended service of

sentence and deinstitutionalization, the criminal

intelligence operations shall be applied with regard to

him/her, and if such operations failed, the convicted

person shall be put on the wanted list. Of course, in

these circumstances, the territory of detection of the

convicted person will considerably expand. It is

important to understand that the servant involved in

the criminal intelligence operations must be

competent both in the communication, and

psychological spheres. We agree with A.V.

Shakhmatov, G.A. Fedoseev, who state in their work

“The communication efficiency is expressed in the

ability to establish a contact and organize

psychological microclimate in the course of

communication, to find optimal style and tone of

interrelations considering age, emotional-volitional

and individual features of a personality”.

The main problematic issue in this aspect is that

the criminal enforcement inspectorates are not the

subject of the criminal intelligence and surveillance

operations, consequently, the highly valuable time

can be lost in the course of the criminal intelligence

operations due to non-receipt of information

materials being unavailable for the servants.

4 CONCLUSIONS

The conducted research made it possible to formulate

the conclusions regarding improvement of the three

most important aspects of the use of the suspended

service of sentence in the domestic criminal

enforcement system: control over the convicted

persons; assistance to them; detection.

1. The existing regulatory base provides

sufficient opportunities for organization and

implementation of the work with the convicted

persons with suspended service of sentence as

provided by Art. 82 of the CC of the RF. However,

the implementation of these opportunities is limited

by a number of difficulties. To weaken or level them,

the following actions are required:

 the decision to grant suspension on the basis of

Art. 82 of the CC of the RF must be justified

from a legal point of view, it should not be a

chance for a convicted person to commit new

illegal acts. But today the practical use by

courts of the decision on suspended service of

sentence may contain facts evidencing

insufficient readiness of convicted person for a

law-abiding lifestyle without isolation from

society, namely: there are the cases of criminal

intelligence operations with regard to this

category of the convicted persons in the CEI

practice;

 detailed study of the personality of the convict,

conducting a complex of psychological

trainings taking into account the specialized

methods before making the decision on

suspended service of sentence may be an

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additional confirmation of the rationality of the

decision taken by the court.

2. For the purposes of the most efficient control

and prevention of the criminal intelligence and

surveillance operations with regard to the convicted

persons with suspended service of sentence, there is a

need in establishing certain obligations for them, for

example:

 to arrive for registration at the criminal

enforcement inspectorates at the place of

residence;

 obligatory employment to a child up to the age

of three years.

3. According to our research, the activities to

improve the psychological work with the convicted

persons can be:

 improvement of material base of the CEI

Department of Psychology;

 growth of the personnel of the CEI Department

of Psychology;

 obligation “to appear for the work

(conversation) with the psychologist” imposed

by the court that will ensure regularity of

practicing the programs and methods;

 the social-psychological work with the

convicted persons should be generally

organized in close cooperation with nonprofit

organizations, medical, preschool and school

institutions;

4. It is necessary to implement assistance to the

convicted persons with suspended service of sentence

to a child up to the age of three years. It may be done

by signing an employment agreement with the

employment centers in the framework of the

municipal programs for social support of vulnerable

population and prevention of recidivism.

5. The social-psychological assistant to the

convicted person should provide for the formation of

such personal qualities that exclude probability of

his/her susceptibility to influence of criminals,

absconding the CEI that will make no need in

criminal intelligence operations with regard to this

category.

6. Knowing the psychological patterns and using

the adapted psychological techniques in the process

of the criminal intelligence and surveillance

operations contribute to establishing and developing

the psychological contact and other processes that

occur when communicating with persons of

intelligence interest. If this affects the interests of a

minor, then the importance of knowledge in the field

of such psychological patterns and applications is not

questioned.

7. If it is identified that the convected person live

with the persons tending to criminal behavior, it is

necessary to conduct criminal intelligence operations

for excluding the probability of influence of these

persons on the convicted person with suspended

service of sentence, his/her child, and extreme

absconding the CEI: hiding from the place of

residence and non-fulfillment of obligations on

upbringing the minor child.

8. To study the personality of the convicted

person before release is a prerequisite for his/her

preparation for changing conditions and should be

organized with due regard to division of the persons

into the groups:

 persons having positive life attitudes;

 antisocial elements.

The development of the algorithm (instruction)

for preparation of the convicted person to release in

the conditions of the correction facility can be

considered as the work on preparation of the universal

document containing the basis criteria of readiness of

the convicted person for application of the decision

on suspended service of sentence and inadmissibility

of criminal intelligence operations with regard to

him/her in future.

REFERENCES

Balashova A. Yu., 2018. Suspended service of sentence in

the Russian legislation on the example of Art. 82 of the

CC of the RF Union of Criminalists and Criminologists.

№. 4. P. 60-65.

Denisova A. V., 2017. Criteria for the correctness of

criminal law standards. In Russian Justice. №. 11. P.

21-24.

Dyadyun K. V., 2017. Imposition of punishment for women

from the point of view of the principle of equality of

citizens before law, humanity and justice. In Leningrad

Law Journal. №. 2 (48). P. 196-207.

Elinsky V. I., Fedorov R. Zhirov R. M., 2020. Origin of

particular criminal intelligence terms (historical-

etymological approach). Bulletin of Tomsk State

University. No. 460, P.239-246.

Zhuk O. D., Shevtsova L. V., 2019. Comparative and law

aspects of particular investigative activities and

criminal intelligence and surveillance operations in the

international criminal prosecution. Bulletin of Tomsk

State University. №. 449, P. 219-227.

Zvonov A., V., Savin A. A., 2020. Improvement of the

mechanism for the application of compulsory measures

of a medical nature, combined with punishments

without isolation from society: from the sentence

imposition to release from it serving. In the All-Russian

Journal of Criminology. Vol. 14, №. 5. P. 735–744.

DOI 10.17150/2500-4255.2020.14(5).735-744.

Using the Social-psychological Characteristics of the Convicted Persons with Suspended Service of Sentence in the Course of Criminal

Intelligence and Surveillance Operations Regarding Them

387

Kolylova O. P., Medvedeva S.V., 2019. Suspended service

of sentence (Article 82 of the CC of the RF);

peculiarities of law enforcement practice. Law: History

and Present. No. 4 (9). p. 207

Zinkov E.N. 2018. Improvement of operations of the

criminal intelligence departments of the criminal

enforcement system for prevention of crimes and

offenses. In Bulletin of Kuzbass Institute. № 4 (37). P.

168-176.

Krasilnikova M. S., 2015. Issues of the use of suspended

service of sentence (Art. 82 of the CC of the RF) in

implementation of particular kinds of punishment.

Bulletin of Kuzbass Institute № 1 (22).

Kuznetsov A. I., Novikov R. V., 2020. Criminological and

legal aspects of the application of the deferral of serving

a sentence. In the All-Russian Journal of Criminology,

Vol. 14, № 6. P. 834-844.

Olkhovik N. V., 2018. The effectiveness of non-custodial

criminal penalties execution. In the All-Russian Journal

of Criminology. V. 12. № 1. P. 51-59.

Rakhmatulin Z. R., Rumyantsev N. V., Shamsunov S.Kh,

2019. On the issue of judicial discretion limits in the

regulation of the non-penitentiary regime of restriction

on freedom and probation. In Revista Turismo Estudos

& Práticas. № S2. P. 1-9.

Sayadan S.G., 2016. Suspended service of sentence:

historical development, legal nature, legislative

regulation: author's abstract of dis … of Candidate of

Juridical Sciences: Krasnodar. 27 p.

Skobeleva N. G., 2019. Criminal and penal aspects of the

application of deferral of serving a sentence. In

Penitentiary Science. № 3 (13). P. 335-340.

Sudikholov A. P., Marenko V. A., Bychkova A. M., 2019.

The cognitive model of "the spread of drug addiction.”

In the All-Russian Journal of Criminology. Vol. 13, №

4. P. 535-546.

Filippova O. V., 2020. General social determinants of

recidivism). In the Bulletin of Tomsk State University.

№ 457, С.261-265.

Tsvetkova N. A., 2019. Psychological work with the

convicted persons without isolation from society.

Criminal Law Course. In 3 volumes. V. 2. Special part:

Training book. M.: FKU NOO FSIIN Russia, 724 p.

Ch. 12. P. 295-336.

Shakhmatov A.V., Fedoseev G.A., 2015. Main areas of

psychological support of detectives in the criminal

intelligence and surveillance operations of the

Department of Internal Affairs. Bulletin of St.

Petersburg University of the MIA of Russia. № 3 (67).

P. 184-188.

Characteristics of persons being on the records of the

criminal enforcement inspectorates, 2021,

https://fsin.gov.ru/

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