Man
Professional
- Messages
- 3,077
- Reaction score
- 614
- Points
- 113
House arrest is a preventive measure, a significant restriction of the freedom of the suspect or accused. But you must admit, it is better to sit at home than in a cell.
Previously, house arrest was imposed quite rarely, today it is quite common.
What is the meaning?
The suspect or accused is prohibited from communicating and corresponding with other people. The person is at home 24 hours a day, where he lives. Therefore, a house is needed, in the truest sense of the word. If the suspect is registered at a certain address and lives there, this is an ideal option. However, today this phenomenon is quite rare. The accused are usually registered in other cities, or are not registered anywhere at all. And the courts turn a blind eye to this, if there is a specific apartment, even a rented one, but it can be under constant control, the property of the accused and his family is in the premises. But the family must agree to the house arrest of one of the members personally, in court.
The term of house arrest is always set by the court, as a rule, it is 2 months, but during the investigation the term can be extended many times.
At a minimum, you cannot leave your home without the investigator's knowledge and permission. You must always be at the address specified in the court's decision. There may be certain conditions and restrictions. For example, the court may allow you to visit certain places during a certain period of time, or leave the premises without supervision. However, the procedural rights of the suspect are not limited (the right to participate in court hearings).
In some cases, the accused is sentenced to house arrest without isolation from society, and he can go to work or school.
Problems
Of course, problems may arise when constantly being within four walls, especially if a person lives alone. The main ones are: being outdoors and providing food. It is good if the apartment has at least a balcony. If there is none, the accused is given hour-long walks under supervision. During this time, you can visit stores and buy everything you need. It is also allowed to order food and essential items by phone or online, but the list of companies that will do this must be agreed upon with the investigator. Payment, of course, is at the expense of the accused.
In most cases, house arrest is incompatible with work, the accused is not paid a salary, his passport is confiscated by the preliminary investigation agency.
A person under house arrest is prohibited from:
Communicating with certain people whose details are specified in the decision on the choice of a preventive measure. These people are prohibited from visiting the accused for the entire period of house arrest.
Receive and send correspondence, including by e-mail or fax. Conduct negotiations using any means of communication. A landline telephone in an apartment or house is usually disconnected, although if the accused lives with his family, the phone may be left.
The following is strictly prohibited:
Communication with participants in the proceedings: other suspects, witnesses, victims, attesting witnesses, experts, or even representatives of the victims.
Persons related to the victims or participants in the proceedings are not allowed to visit or communicate: parents, friends, relatives, work colleagues, etc. All these people are listed by name in the court decision. The means of communication that the defendant cannot use are also determined.
What is allowed and what is not allowed
In theory, at home, the suspect has the right to do whatever he wants, but not beyond the limits of the court's prohibitions and current legislation. A specific list of prohibitions and permissions will be issued by the court.
You can:
- Seek medical help;
- Send complaints or petitions to the court and investigative bodies;
- Communicate with family members who live in the house;
- Communicate with a lawyer
This is the minimum.
House arrest is a preventive measure that must ensure the right to privacy of the accused. His home remains inviolable. This is especially important if the suspect does not live alone.
Courts most often indicate the following prohibitions:
- Communicating with strangers;
- Leaving the place of residence without the knowledge of the supervisory authority;
- Receiving and sending correspondence;
- Communicating with people participating in the proceedings;
- Negotiating using any means of communication;
When restricting the suspect or accused in using the Internet, the court should indicate the cases in which it is allowed to go online (for example, to exchange information between the person and an educational institution - if the suspect is a student of this institution).
The listed points of prohibitions and restrictions are exhaustive, the court has no right to subject the suspect or accused to other prohibitions and (or) restrictions.
A court decision on house arrest applies only to the suspect and does not impose restrictions on persons living with him or other people (relatives, work colleagues, friends) with whom communication is not prohibited.
But it is necessary to carefully study the court decision, since in case of violations, the preventive measure may be changed to a stricter one.
Grounds for house arrest
There are special and general grounds
. General grounds include:
- Initiation of a criminal case on charges in which the suspect is subject to a preventive measure
- Suspicion of a certain person, confirmed by the materials of the criminal case
- Charging a person with committing a crime
Special grounds:
Assumptions that the accused or suspect may either leave the territory of Russia or continue to engage in illegal activities, interfere with the investigation of the case. For example, if the investigation and the court have reason to believe that the accused may threaten a witness, destroy evidence, this is grounds for house arrest.
Special circumstances
When choosing a preventive measure, the judge also takes into account special circumstances, they are listed in Article 99 of the Code of Criminal Procedure. These include:
House arrest options
Most often, if an investigator petitions for the detention of a suspect or an extension of his detention, and the judge refuses, the court chooses house arrest. The judge must be guided by the grounds and circumstances provided for in Articles 97 and 99 of the Code of Criminal Procedure. Such punishment may be chosen at the initiative of the investigator conducting the criminal case. The
drawn up resolution specifies the person for whom the punishment is chosen, the crime of which the defendant is suspected, the grounds and circumstances taken into account when choosing the punishment. The place of residence of the accused and the impossibility of choosing a more lenient measure of restraint, for example, a written undertaking not to leave, must also be indicated. The same resolution defines restrictions on the freedom of action for the defendant: communication with other people, movement on the streets, use of communication devices, etc. Materials substantiating the requirements of the petition are attached to the document: copies of the minutes of interrogation of witnesses, the accused, other case materials proving the involvement of the suspect in the crime.
Control under house arrest
In any case, house arrest is one of the most lenient punishments possible when committing a criminal offense.
Previously, house arrest was imposed quite rarely, today it is quite common.
What is the meaning?
The suspect or accused is prohibited from communicating and corresponding with other people. The person is at home 24 hours a day, where he lives. Therefore, a house is needed, in the truest sense of the word. If the suspect is registered at a certain address and lives there, this is an ideal option. However, today this phenomenon is quite rare. The accused are usually registered in other cities, or are not registered anywhere at all. And the courts turn a blind eye to this, if there is a specific apartment, even a rented one, but it can be under constant control, the property of the accused and his family is in the premises. But the family must agree to the house arrest of one of the members personally, in court.
The term of house arrest is always set by the court, as a rule, it is 2 months, but during the investigation the term can be extended many times.
At a minimum, you cannot leave your home without the investigator's knowledge and permission. You must always be at the address specified in the court's decision. There may be certain conditions and restrictions. For example, the court may allow you to visit certain places during a certain period of time, or leave the premises without supervision. However, the procedural rights of the suspect are not limited (the right to participate in court hearings).
In some cases, the accused is sentenced to house arrest without isolation from society, and he can go to work or school.
Problems
Of course, problems may arise when constantly being within four walls, especially if a person lives alone. The main ones are: being outdoors and providing food. It is good if the apartment has at least a balcony. If there is none, the accused is given hour-long walks under supervision. During this time, you can visit stores and buy everything you need. It is also allowed to order food and essential items by phone or online, but the list of companies that will do this must be agreed upon with the investigator. Payment, of course, is at the expense of the accused.
In most cases, house arrest is incompatible with work, the accused is not paid a salary, his passport is confiscated by the preliminary investigation agency.
A person under house arrest is prohibited from:
Communicating with certain people whose details are specified in the decision on the choice of a preventive measure. These people are prohibited from visiting the accused for the entire period of house arrest.
Receive and send correspondence, including by e-mail or fax. Conduct negotiations using any means of communication. A landline telephone in an apartment or house is usually disconnected, although if the accused lives with his family, the phone may be left.
The following is strictly prohibited:
Communication with participants in the proceedings: other suspects, witnesses, victims, attesting witnesses, experts, or even representatives of the victims.
Persons related to the victims or participants in the proceedings are not allowed to visit or communicate: parents, friends, relatives, work colleagues, etc. All these people are listed by name in the court decision. The means of communication that the defendant cannot use are also determined.
What is allowed and what is not allowed
In theory, at home, the suspect has the right to do whatever he wants, but not beyond the limits of the court's prohibitions and current legislation. A specific list of prohibitions and permissions will be issued by the court.
You can:
- Seek medical help;
- Send complaints or petitions to the court and investigative bodies;
- Communicate with family members who live in the house;
- Communicate with a lawyer
This is the minimum.
House arrest is a preventive measure that must ensure the right to privacy of the accused. His home remains inviolable. This is especially important if the suspect does not live alone.
Courts most often indicate the following prohibitions:
- Communicating with strangers;
- Leaving the place of residence without the knowledge of the supervisory authority;
- Receiving and sending correspondence;
- Communicating with people participating in the proceedings;
- Negotiating using any means of communication;
When restricting the suspect or accused in using the Internet, the court should indicate the cases in which it is allowed to go online (for example, to exchange information between the person and an educational institution - if the suspect is a student of this institution).
The listed points of prohibitions and restrictions are exhaustive, the court has no right to subject the suspect or accused to other prohibitions and (or) restrictions.
A court decision on house arrest applies only to the suspect and does not impose restrictions on persons living with him or other people (relatives, work colleagues, friends) with whom communication is not prohibited.
But it is necessary to carefully study the court decision, since in case of violations, the preventive measure may be changed to a stricter one.
Grounds for house arrest
There are special and general grounds
. General grounds include:
- Initiation of a criminal case on charges in which the suspect is subject to a preventive measure
- Suspicion of a certain person, confirmed by the materials of the criminal case
- Charging a person with committing a crime
Special grounds:
Assumptions that the accused or suspect may either leave the territory of Russia or continue to engage in illegal activities, interfere with the investigation of the case. For example, if the investigation and the court have reason to believe that the accused may threaten a witness, destroy evidence, this is grounds for house arrest.
Special circumstances
When choosing a preventive measure, the judge also takes into account special circumstances, they are listed in Article 99 of the Code of Criminal Procedure. These include:
- The severity of the criminal offense and their number. It is logical that such a lenient measure of restraint will not be chosen for the accused of murder.
- The defendant's personality, previous convictions, character traits (unbalance, aggressiveness)
- Age. Persons under 18 require leniency. The same applies to women over 55, men over 60. Special attention is required when choosing a preventive measure for a minor.
- Health status. If the accused has a disability, chronic diseases requiring medical care, the investigator must consider the issue of choosing a preventive measure not related to detention. Mental illness, drug addiction and alcoholism are not an obstacle to house arrest.
- Family status. It is necessary to take into account whether the accused has a family, minor children, or whether he is the sole breadwinner. If the suspect is a pregnant woman, house arrest is assigned to her in most cases. The same applies to a woman who is raising minor children.
- The suspect's remorse has weight when choosing a preventive measure. If the crime was not too serious and the suspect repented, the investigator may meet him halfway and choose a less severe preventive measure - house arrest. However, refusal to testify can be considered a circumstance indicating the need to choose a more severe measure.
House arrest options
Most often, if an investigator petitions for the detention of a suspect or an extension of his detention, and the judge refuses, the court chooses house arrest. The judge must be guided by the grounds and circumstances provided for in Articles 97 and 99 of the Code of Criminal Procedure. Such punishment may be chosen at the initiative of the investigator conducting the criminal case. The
drawn up resolution specifies the person for whom the punishment is chosen, the crime of which the defendant is suspected, the grounds and circumstances taken into account when choosing the punishment. The place of residence of the accused and the impossibility of choosing a more lenient measure of restraint, for example, a written undertaking not to leave, must also be indicated. The same resolution defines restrictions on the freedom of action for the defendant: communication with other people, movement on the streets, use of communication devices, etc. Materials substantiating the requirements of the petition are attached to the document: copies of the minutes of interrogation of witnesses, the accused, other case materials proving the involvement of the suspect in the crime.
Control under house arrest
- An electronic bracelet is placed on the suspect's leg.
- A technical employee of the criminal executive inspectorate monitors the movements of a person subject to house arrest.
- Some people complain about the inconvenience caused by the bracelet, while others do not notice it. Perhaps it depends on the type of device.
- At least twice a week, the inspectorate conducts inspections of a person under house arrest at any time of the day (except at night).
- Such verification may be carried out by telephone, in the absence of a court order prohibiting telephone conversations.
- At least twice a month, the inspector visits the place of work and/or study, unless the suspect is prohibited from studying and working.
- Keeps records of an individual's use of communication tools, including telephone and Internet.
- If violations are detected, the investigator is notified, and the investigator may apply to the court with a motion for detention.
In any case, house arrest is one of the most lenient punishments possible when committing a criminal offense.
