What is a house arrest? Is it possible to leave home, invite friends, travel within the city or go to work? Also, not everyone knows whether it is possible to communicate with other people, how the movements of the suspect or the authorities are tracked. We will try to cover all these issues in detail in this article.
What is meant by home arrest?
This is a preventive measure applied by the court to the accused or suspected of a crime. It is appointed on the basis of Article 107 of the Criminal Code of the Russian Federation. They resort to it if there are reasons why a milder measure of restraint cannot be applied. For example, if a suspect is not allowed to move around the city and meet people without notifying law enforcement. House arrest as a preventive measure is not intended to violate or infringe on human rights. The restrictions established by the court must be motivated. Be sure to retain the rights of the suspect to family and personal life.
What is the essence of house arrest
This preventive measure is identical to detention. Only with a house arrest is a citizen at his place of residence, and not in a cell. He is free to do anything on the territory of his house, but he has no right to leave him. House arrest refers to total or partial isolation from society. But the suspect can communicate with family and relatives. At the same time, he must be in the room where he lives as an owner, employer or on other legal grounds.
Prohibitions and restrictions are imposed on a citizen, which are determined by the court depending on the gravity of his guilt. Despite the fact that he is at home, full control is exercised over him and his actions.
When appointing a house arrest, the state of health of a given citizen is taken into account. If there is a need, he is kept in a hospital. In this case, it becomes a place of restraint.
House arrest often does not mean total isolation from society. It happens that the restrictions apply mainly to communication and meetings with the following persons:
- participants in legal proceedings (suspects, experts, witnesses, etc.);
- relatives of participants in the process;
- co-workers, friends and subordinates.
When is this preventive measure prescribed?
It applies only if a citizen is suspected or accused of committing a crime for which the court can make a decision on imprisonment for more than three years. Less serious crimes are usually taken. recognizance not to leave surety, pledge. And house arrest is applied in this case only if the suspect violated the previous preventive measure or fled the investigation (or tried to do so).
How is detention
If in respect of a citizen they intend to choose such a preventive measure, then the investigator can act only with the consent of the leadership, and the interrogator - by decision of the prosecutor. After receiving a positive decision, a petition is sent to the court. A decree is sent to the person who requested this measure of restraint. The second copy of the document is sent to the prosecutor in charge of monitoring the house arrest of the accused or suspect. The court decision is subject to immediate execution.
Decree
In a court decision, when house arrest is elected as a preventive measure, all conditions must be clearly spelled out:
- place where the citizen will be;
- the time how much the suspect or accused can move outside the home;
- term;
- restrictions
- prohibitions;
- places allowed to visit;
- restriction on some contacts and meetings.
It may also be prohibited to send and receive mail, use mobile phones, smartphones and other means of communication, including the Internet. All these restrictions are legal only if the court makes them in its decision. House arrest can be imposed on a suspect or accused, either with a complete list of the above, or with some separate points.
Rights of citizens under house arrest
Sometimes conditions can be changed. The suspect is allowed to submit petitions for mitigation of the preventive measure, if for good reason, for example, for health reasons he needs to visit a clinic or hospital. He can independently or through a lawyer, inquiry officer or investigator file such a petition with the court. In this case, house arrest is canceled, amendments to restrictions and prohibitions are introduced, or all conditions remain the same.
The suspect or the accused has the right to use the phone to call special services (ambulance, firefighters, police, employees of the Ministry of Emergencies) or communicate with regulatory authorities, as well as the investigator and interrogator who are involved in his case.
Terms of Home Arrest
The timing of the preventive measure is established by the court. Under the law, house arrest can be set for a period not exceeding two months. It applies to suspects or accused. If a preliminary investigation cannot be completed within two months, and there are no grounds for canceling or changing the preventive measure, then house arrest can be extended for the same period. But again, only by court order.
The maximum period of house arrest, according to the law, is 1.5 years. A longer preventive measure is illegal, the court does not have the right to establish it. In other words, a two-month period of house arrest can be extended again and again, until its total time is 1.5 years.
This preventive measure amounts to detention in a pre-trial detention center. For this reason, if a citizen is sentenced to imprisonment by a court decision, then the time of house arrest should be deducted from the total term assigned to the convicted person. For example, a person was under investigation with such a preventive measure for a year, he was sentenced to 5 years by sentence, respectively, he will be imprisoned for 4 years.
Supervisory authorities
These are criminal executive inspections based on the Decree of the Government of the Russian Federation. According to the law, they are required to monitor the location of the suspect or accused in a place designated by the court. As well as compliance by this citizen with all restrictions and prohibitions that were included in house arrest.
Who is included in the regulatory authorities
Supervision of due process is carried out by police officers who are assigned certain areas of the city. Otherwise, they are called district inspectors. In addition to them, control is also carried out by officials in the proceedings of which is a criminal case instituted against a given citizen. They not only exercise proper supervision, but also explain the conditions of house arrest and the consequences of its violation. In addition, officials conduct preventative interviews with the suspect.
What are regulatory bodies entitled to?
To oversee the defendant, a special bracelet is now used. House arrest also involves the use of audiovisual, electronic and other technical devices.
Supervisory authorities (inspections) have the right to call citizens to themselves for the following actions:
- preventative conversations;
- explanation of the conditions for the execution of the preventive measure;
- interrogation of the case and clarification of all newly discovered circumstances;
- finding out the reasons for violation of restrictions and prohibitions.
Inspections also have the right to visit the suspect at the place where he should be located (house). Including work, if he is allowed to work.Supervisory authorities have the right to apply to the prosecutor's office, local government and courts to resolve issues that arise related to the fulfillment of the conditions of house arrest.
Responsibilities of regulatory authorities
Inspection officers must clarify to suspects or accused the conditions of house arrest. And also to inform them that they have the right to cancel or change a preventive measure. If citizens under house arrest express a desire to take advantage of this and file a petition, then the regulatory authorities must submit it to the court for consideration.
If the suspect or the accused was hospitalized, then until the court decides to cancel the current preventive measure or change it, all prohibitions and restrictions continue to apply. Only the place of the preventive measure now becomes the medical institution where the citizen was placed. The inspectorate is obliged to monitor the implementation of the applicable court order.
House arrest conditions sometimes require the removal of a suspect or convict in preliminary investigation bodies or court hearings. In this case, the regulatory authorities must deliver it by their own transport.
If a citizen, by order of a court, must be completely isolated from society, then all meetings with a lawyer take place only at his place of residence. If the suspect or the accused has violated the house arrest rules specified in the order, the regulatory authorities may file a petition with the court to change the preventive measure.
Electronic bracelet as a means of surveillance
Not so long ago, an electronic device appeared, which, on the basis of a decree of the Government of the Russian Federation, must be worn by people in respect of whom a similar preventive measure (house arrest) was chosen. Thanks to the bracelet, there was no need to directly observe the person and watch outside the house of the suspected police patrol.
An electronic bracelet is invisible to others. It is an electronic device that is put on the defendant, a preventive measure for which - restriction of freedom. Thanks to the bracelet, the location of the citizen is tracked. It is designed for long-term wear and has a built-in system that allows you to detect unauthorized removal or opening of the device.
An electronic bracelet is worn on the ankle. The case of the device is tight, with electronic components and locks. It is also waterproof; accordingly, the suspect can use a shower or take a bath.
Features of the electronic bracelet
Some time ago, it was difficult to control such a preventive measure as house arrest. In the criminal process, for this reason, preference was given to the detention of a person. Since it was difficult enough to control compliance with the rules of house arrest by a suspect. Thanks to the bracelet, tracking it has become much more convenient. At intervals established by employees of the authorities, the bracelet sends signals about the movements of the citizen. In case of violation of the permissible movement zone, a signal is immediately sent to the control panel. The same thing happens when you try to remove the bracelet. Thus, the regulatory authorities record all instills and can quickly suppress them.
When approaching places prohibited for the defendant, the bracelet also sends signals to the operator’s console. These can be drinking areas, public events, certain areas of the city, etc. It is worth paying attention to the fact that usually a violation of the rules of house arrest is enough to change the preventive measure to a tougher one. This person is warned in advance.Exceptions are cases where the suspect violated the rules by mistake.
Why does house arrest deprive communication with the world on the Internet?