What is house arrest? Types of house arrest
People who are far from legal proceedings often do not understand what house arrest is. Meanwhile, this is a fairly popular practice, which is initiated both by the court itself and at the request of the participants in the proceedings. Such a suppression can be appointed at any time of criminal proceedings.
Suppression in the form of house arrest earlier if applied, it is quite rare. Today, such a punishment is assigned more often, and it consists in restricting the freedom of the suspect (or the accused), prohibiting communication and correspondence with other people. The accused (or suspect) must be located at the place of residence. That is, before the appointment of such a punishment, the investigator must make sure that the suspect has a place of residence. Also, the investigator (or the investigator) is obliged to take care of the organization of permanent supervision of the accused, who is under house arrest.
Place of residence for house arrest
The important point is to establish a place of residence, because often people do not live at the place of registration. The most acceptable option is when the accused really lives in the apartment or house in which he is registered. However, this is rarely due to the free migration of the population. The practice of many lawyers and investigators shows that the accused are most often registered in other cities or do not have it at all. Therefore, today it is not particularly important for the court to have the registration of the accused, and detention under house arrest is possible without registration or with registration in another city. However, it is important that the accused be located in the apartment or house where he lives in fact and permanently during the entire period of the arrest. In this room should be his property, family. Therefore, the investigator will have to make sure that the suspect has a “home” in the simplest sense of the word.
The term of house arrest is always established by the court, and the essence of this measure of restraint is reduced to isolating the accused from society, but not in the remand prison, but at the place of residence or at the place of actual residence.The suspect himself must be at home all the time, and not only in a certain period of time.
House arrest: what is allowed and what is wrong?
Naturally, during the arrest there are specific restrictions related primarily to freedom of movement. At a minimum, the accused cannot leave the home without the knowledge and permission of the investigator. He must always be at the address that is registered in the court decision. Also, the court’s decision may specify certain conditions and restrictions within which the accused may act. For example, a court may allow an accused to visit any places for a certain period of time, to leave the premises without supervision. However, the procedural rights of the suspect are not limited, that is, the right to participate in court hearings.
In some cases, the defendant is assigned house arrest without isolation from the public. Then he can go to work or school, and he also has the right to leave his home. Such a preventive measure is equivalent to a subscription on their own recognizance.
Now we already understand what house arrest is. The measure, though popular, but with the constant finding of the suspect at home, various problems may arise:
- Stay in the fresh air.
- Providing food.
The first problem may arise if the defendant lives in an apartment in an urban setting. In this case, he organized a walk in the fresh air under supervision. The duration of such walks is one hour, not less. As for food, during the walk, the accused is given the opportunity to visit the store and buy the necessary products. In other cases, the delivery of food and necessities is provided. Delivery can only specialize in this trade organization. Payment is carried out at the expense of the accused.
However, house arrest in most cases is incompatible with work, therefore the defendant is not paid salary, and his passport is withdrawn by the preliminary investigation body. After being released from custody or serving a sentence, the document is returned to the citizen.
Features of house arrest. What should not be done to the suspect?
A person who is under house arrest is prohibited from:
- Communicate with certain people whose data is indicated in the decision on the choice of a preventive measure.These people are also barred from visiting the defendant’s premises for the duration of their house arrest.
- Receive and send correspondence, including by e-mail or fax.
- Negotiate using any possible means of communication. A preventive measure in the form of house arrest is grounds for disabling the wired telephone in the apartment or house of the accused. However, if the accused lives with his family, the phone is not disconnected.
As for the ban on communication with certain individuals, this is quite a logical requirement of the investigation. The suspect can not talk only with those people who are participants in the proceedings in his case. These may be other suspects, witnesses, victims, witnesses, experts, or even representatives of victims. Also, persons who may be related to the victims or participants of the process are not allowed to visit and communicate: parents, friends, relatives, workmates, etc. The restriction on communication with people with whom the suspect cannot be contacted is established by listing all persons . It also defines the means of communication that cannot be used by the defendant.
Freedom of action in case of house arrest
What can and can not be done to the defendant? Let's take a closer look at this issue. In theory, the suspect has the right to do whatever he pleases at home, but his actions should not go beyond the indicated prohibitions by the court and the current legislation of Russia. A specific list of permissions for the defendant is also always indicated. In particular, he can:
- Seek medical attention.
- To send complaints or petitions to the court and investigation bodies.
- Communicate with family members who live in the home.
- Chat with your lawyer.
List of Prohibitions
It should be noted that house arrest is such a preventive measure, which should ensure the privacy of the accused. Therefore, his home must be inviolable. This is especially important if the suspect lives with his family.
When choosing a preventive measure, the courts most often specify the following prohibitions:
- Communication with unauthorized persons.
- Leaving the residence without the knowledge of the supervisory authority.
- Receiving and sending correspondence.
- Communication with people involved in legal proceedings.
- Negotiating with any means of communication.
Grounds for suspect's house arrest
In the criminal procedure theory there are special and general grounds for taking any preventive measures. With regard to the decision on the appointment of house arrest as a preventive measure, there are special and common grounds. The latter follow from the entire content of the law, and special provisions are provided for in the CPC article.
Common grounds include:
- The initiation of criminal proceedings on charges in which the suspect is subjected to a measure of restraint.
- The presence of suspicion against a certain person. This suspicion must necessarily be confirmed by the materials of the criminal case.
- Charging a person for committing a crime.
Special grounds for applying this preventive measure are the assumptions that the accused or suspect may either leave the territory of Russia or continue to engage in illegal activities or interfere with the investigation of the case in any way. For example, if the investigation and the court have reason to believe that the accused could threaten the witness, destroy the evidence or otherwise interfere with the legal proceedings, then this is the basis for house arrest.
When choosing a preventive measure, the judge also takes into account the special circumstances that complement the general and special. They are listed in Art. 99 of the CPC. In particular, special circumstances include:
- The severity of a criminal offense (at this stage of the trial, it is a question of the severity of the charge) and their number. It is quite logical that the defendant, who is accused of murder, will not choose such a soft measure of restraint.
- The identity of the defendant, the presence of previous convictions, the nature of character (imbalance, aggressiveness).
- Age. Persons under 18 require indulgence. This also applies to women after the age of 55, men after 60 years. Special attention is required when choosing a preventive measure for a minor.
- Health status. If the accused has a disability, chronic diseases that require medical assistance, then the investigator should consider the question of choosing a preventive measure that will not be related to detention. Mental illness, drug addiction and alcoholism will not be an obstacle to house arrest.
- Marital status of the suspect. It is imperative to take into account whether the defendant has a family, minor children, whether he is the sole breadwinner of the family.If a pregnant woman acts as a suspect, then she is assigned house arrest in most cases. The same applies to women whose parenting has minor children.
- The repentance of the suspect also has weight when choosing a preventive measure. If the crime was not too serious, and the suspect repented, then the investigator can go to meet him and choose a lax preventive measure in the form of house arrest. However, refusal to testify can be considered as detailed, which indicates the need to choose a more severe preventive measure.
There are various options for the selection of house arrest as a preventive measure. Most often, if the investigator requests that the suspect be taken into custody or that his detention be extended, and the judge denies the request, then the house arrest is chosen by the court as a preventive measure. The judge must be guided by the grounds and circumstances provided for in Articles 97 and 99 of the Code of Criminal Procedure, respectively.
In another case, a similar punishment is chosen on the initiative of the investigator who is in charge of the criminal case.Then the investigator solicits the choice of a preventive measure in the form of house arrest. The drafted decree indicates the person in relation to whom the punishment is chosen. It also indicates the crime in which the defendant is suspected, the grounds and circumstances taken into account when choosing a punishment. Also in the decision should be justified the residence of the accused and the lack of a choice of a softer preventive measure.
The same decree defines restrictions on the freedom of action for the defendant: communication with other people, movement through the streets, use of communication facilities, etc.
The written and submitted resolution is accompanied by materials that must substantiate the requirements of the petition. These may be copies of the protocols of the interrogation of witnesses, the accused, other documents and case materials proving the involvement of the suspect in the crime, etc.
So, now you know what house arrest is and what restrictions the accused gets when he is given a similar preventive measure. In any case, this is one of the mildest punishments that are possible in the commission of a criminal offense.