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citizen, whom suspected of violation law, sometimes it is necessary to arrest, to isolate from society to time preliminary consequences. If a a crime not very heavy, court It has right choose more soft measure suppression than detention in a pre-trial detention center, and allow serving time at home, partially limiting freedom. Such citizens need exactly know what is possible and impossible at home arrest, since non-compliance established requirements may lead to additional problems.

What home arrest

Punishment as homemade arrest established on article 107 of the Criminal Code of the Russian Federation. This measure suppression became wide apply Russian courts since 2001 of the year, when was taken well for humanization criminal process . In such states as Israel, Kazakhstan, Belarus, Ukraine, the United States has accumulated large experience use homemade arrest before consideration affairs in a court . He fits for cases when not opportunities use other ways coercion, but finding defendant on freedom maybe negatively influence on the move consequences. But if in the US home arest etcis called for any article crimes, then in Russia it can be used to offenses, punishment for which installed article 108 of the Criminal Code of the Russian Federation.

Citizen at home under arrest, maybe live in indoors, owner whom he is an, in hostel, rented or communal apartment . If in this housing reside others and persons necessary agreement everyone who has reached coming of age. At home arrest a circle communication defendant maybe be organic court. Since he is not It has rights leave dwelling, buy products, clothes, to pay for utilities may only relatives and familiar. If it's necessary pass medical treatment, place content under arrest maybe be selected hospital.

Foundations and conditions election

apply to court with petition about indoors under home arrest maybe the defendant himself or his advocate. Get such measure suppression is possible if it is enough for this grounds. At consideration petitions at court accept in Attention Not only need holding arrest, but also the sufficiency establishing the accused measures suppression in specific criminal process . when issuing solutions listens to:

• How many years defendant;
• what is his state of health ;
• composed is he in marriage.

Must be taken into account heaviness perfect crimes. The indictment must assume sentence as deprivation freedom for a period not exceeding three years.

considers petition and takes out resolution. It's in established okay sent the sender of the request and the employee who controls measure curb . AT resolution all are listed conditions content criminal, as well as the organ which will realize execution control solutions court. At receiving failure in election measure home suppression arrest, lawyer and his client I givet three days to appeal the court decrees.

Which term maybe be appointed

Term to which the accused may send under home arrest, not exceeds two months. Think need it from the day definitions court measures curb . If the preliminary consequence drags on on the period more than two months, before it graduation the court may to accept decision on the extension of the period of detention of a citizen Houses. It is necessary that for this time not appeared grounds for changes kind punishment. In this way, to extend measure suppression is possible on period up to 1.5 years. Home arest equates to detention in a pre-trial detention center. If the accused will sentenced to deprivation freedom, time finding under home arrest expelled from general deadline for sentence.

What can what it is forbidden make

to the accused installed row restrictions that it is forbidden violate. Home arrest not means complete isolation from society. Defendant contacts with family, others relatives, acquaintances. But in requirement court maybe be paragraph, containing ban communication with participants criminal process, their relatives. All conditions content under home arrest are recorded in resolution court. There may be be indicated:

• location housing;
• term finding under home arrest;
• maximum time absence at resolution go out from Houses;
• places, prohibited to visiting;
• restrictions on use phone, internet, others mediumtv St.ide.

Requirements imply exception contacts such as emergency calls, conversations co investigator, interrogator. About all this, the accused must put in fame supervisory officer. For visits meetings court or carrying out investigative procedures delivery of the arrested person carried out on official car. Meetings with lawyer should take place in place where content under home is defined arrest. If with time appear important causes for softening individual restrictions, defendant or his advocate may additionally apply in court. This requires a new application.

Important ! All conditions finding under home arrest must be strictly observed. Any violations established regime are basis for changes measures curb .

Execution control established requirements

Being under home arrest accused constantly controlled employees law enforcement organs. They not only carry out checks at personal visiting, but also have right work with application various technical funds, which carry out audio and CCTV. Therefore, it is always known that going on with the arrested. All more often are used electronic bracelets. These devices send signals by which it is possible in any moment to figure out location citizen. Employees looking after execution requirements court, have possibility in a timely manner learn about approach to forbidden places, attempts take off device and stop similar actions. In conclusion, they justify themselves by claiming that done all possible, to save human, but in fact help not was rendered. In such case attract to criminal responsibility doctor possible in aggregate articles- official forgery and complete negligence.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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House arrest is one of the preventive measures that can be applied both to persons accused of committing minor crimes and in high-profile criminal cases of high public danger. What is this coercive measure, for how long it can be elected, who appoints it - this is our article.

What is house arrest

Like any measure of coercion, house arrest has certain restrictions, the establishment of which is possible only if there are grounds. When placing a person under house arrest, the general terms and Conditions, characteristic of any measure of restraint (bail, undertaking not to leave, detention). The investigator or interrogator must have good reason to believe that:

• the suspect (accused) may escape. For example, when a criminal long time was on the wanted list, avoided appearing when called by the police, or when there is evidence of an intention to leave in an unknown direction (for example, the investigating authorities have information about buying a ticket to another region), etc.;
• the accused will continue to engage in criminal activity. For example, such a conclusion can be made if there is information about the person's previous convictions;
• will threaten the victim or witness, persuade other participants in the investigation, take measures to destroy written or other evidence. For example, when there is a statement of the victim about the threats received against him;
• will try to influence the course of the investigation(for example, will use his business, official connections, etc.). For example, such fears may arise in cases of malfeasance (negligence, abuse of power, bribery, etc.).

If the above conditions are met, the accused may be placed under house arrest, which always implies compliance with specific restrictions:

• do not go beyond the apartment, house or site on which the household is located;
• do not communicate with the participants in the investigation (witnesses, other defendants, victims, etc., except for a lawyer);
• do not communicate with other persons, except for close relatives, family members;
• not to correspond in any way: by mail, Email, Internet messages, SMS and messages in instant messengers.

Unlike detention, a person is not isolated from family members in a separate closed-type premise (SIZO). Therefore, the accused is always allowed to communicate with close relatives (with the exception of crimes for which the relative is the victim).

At the same time, a person under house arrest cannot be prohibited from participating in investigative actions, orally and in writing, petitions of a procedural nature, etc. These manifestations of the fundamental rights to protect themselves are strictly protected by the Constitution of the Russian Federation and under no circumstances can be infringed, as well as the opportunity to seek help by phone emergency assistance (Ambulance, Ministry of Emergency Situations, police, fire department).

Since in fact a person is limited in freedom of movement and communication, choose a measure of restraint in the form house arrest only the court can.

Election procedure

As a general rule, an application for house arrest to an accused or a suspect is filed by the body of investigation or inquiry. The petition shall indicate the grounds on which the investigator came to the conclusion that it is necessary to apply just such a measure of restraint, indicating:

• place of stay (residence) of the accused- the address where he will be at the time of house arrest. Such a place need not be the property of the accused. Supreme Court The Russian Federation explained that the place of residence for the period of the measure of restraint can be both rented housing and the apartment of relatives (with their written consent). In some cases, if medical indications for hospitalization are reliably established, a medical institution can serve as a place of stay during house arrest.
• restrictions that, in the opinion of the investigation, must be placed on a person a (each of them must be motivated). The investigator has the right to submit a request for the application to one and the same person of only one or all restrictions at once.
• substance of accusation or suspicion- a summary of the circumstances of the crime, qualifications at the time of the petition, as well as information confirming the involvement of the accused in the deed.
• circumstances on which the conclusion is based that the person should be placed under house arrest.
• the period for which restrictions must be set(when elected, it is 2 months, with a subsequent extension - depending on the complexity of the case, the progress of the investigation, etc.). The maximum period of detention is 18 months (exceptional cases for especially serious crimes).
• complete personal data the person in respect of whom the issue of choosing a measure of restraint will be decided.

The investigator, if he considers it necessary to apply this preventive measure, must draw up and submit this petition within 48 hours from the moment the person is detained, along with the material, which contains certified photocopies of procedural documents. The request looks like this:

After the receipt of such a petition by the court, the issue of choosing a measure of restraint must be considered within 8 hours. The order of consideration is similar to the choice of detention:

• The parties are summoned to the court session: the investigator, the prosecutor, the accused and the defense counsel. The non-appearance of the investigator does not prevent the consideration of the petition, but he may be called again (the court may take a break for this), if it is necessary to clarify the questions that have arisen or attach Additional materials. The participation of the prosecutor, the accused and his defense counsel is obligatory.
• the meeting is not closed, and relatives can be present as listeners, but the court has the right to restrict this right of outsiders if it concludes that it is appropriate to keep the investigative secrecy or if the nature of the crime requires confidentiality (for example, crimes against sexual integrity).
• At the beginning of the court session, the judge reports which petition is being heard. The prosecutor brings to the attention of the participants what grounds the investigator gave in his decision. The rights are explained to everyone (to get acquainted with the materials, to make additional petitions, to object against it, to present evidence, etc.).
• at the request of the parties, persons other than the accused/suspect may be interrogated. They may be people who have information regarding the appropriateness of choosing a measure of restraint. So, at the request of the prosecutor, a witness can be invited, who has the right to speak about the threats from the perpetrator of the crime and about his fears. From the side of the defense, neighbors or colleagues who positively characterize the accused, as well as owners of housing where it is planned to be under house arrest, can be called.
• all participants in the process speak out at the request, the court examines all the materials submitted by the investigator. Then, in the deliberation room, the court decides whether to grant the petition or to refuse to select a measure of restraint. AT last case the court may apply another measure - for example, bail. The court does not have the right to choose a more severe measure of restraint - for example, when allowing a petition for house arrest, the judge is not authorized to choose detention.

Initially, the arrest is elected for 2 months (in some cases less, at the discretion of the court). Subsequently, if the investigation has not yet been completed, but there is a need to leave the preventive measure, the investigator may go to court with a request for an extension.

The decision of the court (both on election and refusal to be elected, as well as on extension) can be appealed by any interested person within 3 days to the regional court.

Upon receipt of the case in court for consideration on the merits, the judge is obliged to decide whether to leave the chosen measure of restraint to the defendant for the period of the proceedings or cancel it.

Election of house arrest in other cases

Except general order statements of the petition by the investigator, house arrest can be applied in two other cases:

1. When the investigator sends a petition to the court for the election of detention, but the court did not agree with him. In such a situation, house arrest may be chosen by the court.
   Example. The investigator applied to the court with a request to place in the pre-trial detention center a citizen Batrakov P.R., accused of committing a robbery with the participation of two other persons. The court, refusing to choose detention, applied house arrest to Batrakov. The same situation may be when considering the issue of extending detention. For example, when the accused had already been placed in custody, but later, when considering an application for an extension of detention in a pre-trial detention center, the court came to the conclusion that it was advisable to use house arrest.
2. When the court receives a petition to change an already chosen measure of restraint. For example, if a person is already in custody, but the investigation concludes that it is advisable to change the preventive measure to another, less severe one, an appropriate petition is drawn up and sent to the court. Quite often, the investigator raises the question of changing the chosen measure of coercion after the accused or the defense counsel appeals to him.
   Example. Bobrovsky Ya.R. was taken into custody because he was suspected of committing a robbery with violence, causing damage to the victim in the amount of more than 100,000 rubles. During the investigation, it was established that Bobrovsky did not beat the victim, but expressed verbal threats, and the amount of damage as a result of the examination decreased to 15,000 rubles. Bobrovsky Ya.R. filed a petition addressed to the investigator to change the preventive measure, which was taken into account by the investigator - he prepared material for the court, where Bobrovsky Ya.R. placed under house arrest.

The application can be made in the following way (sample):

Investigator of the Investigative
parts of the Internal Affairs Directorate of Rostov-on-Don
Petrov K.Yu.

accused Mironova M.M.
in a criminal case
No. 1616161616161, contained in
SIZO-1, Rostov-on-Don

PETITION
On changing the measure of restraint

On March 21, 2019, a criminal case was initiated under Part 2 of Art. 213 of the Criminal Code of the Russian Federation on the fact of hooliganism using objects as weapons, by a group of persons by prior agreement. In the case, I am the defendant, that is, Mironov M.M., as well as Mikhailov P.R. and Lesin A.K. By the decision of the Petrovsky District Court of Rostov-on-Don dated April 3, 2019, a preventive measure was chosen for me in the form of detention, the term of detention in SIZO-1 is 1 month.

I believe that the grounds on which the court chose to place me in custody have now disappeared. So, I fully admitted my guilt and contributed to the investigation in solving the crime, gave truthful and detailed testimony, in connection with which Mikhailov P.R. was detained. and Lesin A.K. I do not have a criminal record, I have a permanent place of residence on the street. Moscow, 13, married, raising a daughter.

I am not going to hide, I undertake to strictly observe all restrictions, to continue to help the investigation.

Based on the above, guided by art. Art. 107, 110, 108 of the Criminal Code of the Russian Federation,

Petition before the court to change the measure of restraint from detention to detention under house arrest at the address: Rostov-on-Don, st. Moscow, 13, with any restrictions and prohibitions.

Mironov M.M.

After the receipt of such a request by the police department or the investigative committee, the investigator is obliged to consider it within 3 days and make a decision on its satisfaction or refusal. If the investigator agrees that the grounds for holding a person in custody have disappeared, he has the right to go to court with a request to change the preventive measure to a milder one.

The defendant himself or his defense lawyer can apply to the court with the same question. At the same time, based on practice, but in this case, the chances of satisfying the request are less, since the court as a whole is guided by the opinion of the investigating authority, and it is likely to be negative.

How and by whom house arrest is carried out

After house arrest is chosen, a copy of the decision is sent to the prosecutor and investigator for information, and to the Federal Penitentiary Service for execution.

The direct body that exercises control over the observance by the accused of the prohibitions accompanying house arrest is the penitentiary inspection. Earlier we wrote about, the main of which is the control over the behavior of convicted persons who have been sentenced to a punishment not related to deprivation of liberty.

The inspector of the penitentiary inspection is responsible not only to control the behavior of the accused, but also to deliver these persons to court hearings (for example, on petitions) or to investigative actions, examinations, etc. Notice of the day of investigative measures is sent to the inspector of the FIA ​​in advance, unless they are urgent.

The clear rules for interaction between the court, the investigation and the UFSIN body are regulated by an internal joint order, which specifies the time limits during which notifications must be sent, methods of checks at the place of residence or stay, actions of officials in case of violations of the procedure for being under house arrest.

How house arrest works

The control procedure is as follows:

• an employee of the inspectorate comes to the court in an official car, in which house arrest was chosen as a measure of restraint;
• receives a copy of the decision (it is needed for registering the accused and establishing a personal file);
• accompanies the accused to the address indicated in the court order - usually this is the place of permanent residence of the accused, but in some cases it may also be the address under the lease agreement, as well as the housing of relatives;
• in the place where the suspect or the accused is supposed to be at the time of house arrest, a stationary device is installed, through which the employees of the Federal Penitentiary Service get the opportunity to remotely record violations on the part of the person. To do this, the device is adjusted to the desired range (depending on the radius beyond which the person is forbidden to be). In addition, an electronic bracelet is installed on the defendant's leg, through which data is electronically transmitted to the installed stationary device.
• the inspectorate officer explains all the obligations associated with the prohibitions established by the court when choosing a measure of restraint, as well as responsibility for violations.

For more information about control, see the video:

Responsibility for non-compliance with prohibitions

The consequences of violating house arrest are almost always associated with the replacement of a measure of restraint with detention. Violation is failure to comply with any of the prohibitions established by the court.

Electronic bracelets help the inspector to identify and record such facts. At the same time, in many regions, the number of purchased bracelets and stationary electronic devices is not enough for all the accused, given gradual increase every year the number of court decisions on the choice of this measure of restraint.

Question:
How is house arrest controlled if the accused is not wearing a bracelet?

In this case, the inspector of the penitentiary inspection is guided by the joint Order of the Ministry of Justice, the Ministry of Internal Affairs and the Federal Penitentiary Service, which regulates the work of monitoring compliance with the established prohibitions. So, the inspector has the right at any time (and any number of times a day) to check the accused at the place of residence, drawing up a report on the violation detected (for example, when no one was at home). Only one violation is enough, the consequence of which may be detention in a pre-trial detention center.

Some restrictions on house arrest are difficult to control. For example, facts of communication with strangers and sending correspondence. In fairness, it should be noted that the detection of such violations by the regulatory authorities is rather a matter of chance (for example, when the same outsider with whom the accused spoke told the court or the investigation about it).

Question:
What measures does the inspector of the FIA ​​take after the discovery of the fact of violation by the accused?

The algorithm of actions depends on the stage of the criminal case. By general rules, the inspector is obliged, within 24 hours from the moment of fixing the violation, to bring to the attention of the investigation (inquiry) body or the court. Let's give two examples.

Example #1. Mitrofanov M.I. was prosecuted for committing theft, he chose a measure of restraint in the form of house arrest at the place of residence. During the investigation, the day before confrontation with important witness Mitrofanov M.I. fled the place of residence, disabled the stationary control device. Within 24 hours, the inspector informed the investigator in charge of the criminal case against Mitrofanov M.I. about the incident. The investigator immediately drew up a motion to change the preventive measure to a conclusion and sent it to the court.

Example #2. The criminal case against A.G. Pirogov, accused of extortion, was sent to the court for consideration - the investigation was completed. The court set a date for the consideration of the case, but due to being busy, it was postponed to another day. The day before the meeting Pirogov A.G. disappeared. He did not have a bracelet, so the inspector belatedly revealed a violation on the part of the accused, about which he compiled a report and reported to the head of the penitentiary inspection. Within 24 hours, the head of the UII sent a petition to the court to change A.G. Pirogov. measure of restraint, which was granted.

Thus, if the case is at the stage of investigation, then the FIA ​​inspector reports to the investigator, who petitions the court to cancel the house arrest. If the case is already being considered in court, the inspector informs the judge that the defendant has fled, after which the issue of replacing the measure of restraint is decided.

The process to replace house arrest with detention takes place in the presence of a prosecutor and a lawyer. But the absence of the accused does not at all prevent the consideration of this petition, upon satisfaction of which the violator of the restrictions is put on the federal wanted list. When detaining this person, the police will have every reason to place him immediately in a pre-trial detention center, since the court order automatically takes effect from the moment the accused is discovered.

How to remove some of the bans

Earlier we pointed out that in most cases, judges indicate in their rulings a “standard set” of prohibitions - do not leave home ownership, do not leave municipal district, do not communicate with the participants in the case and other people who are not close relatives, etc.

At the same time, under certain conditions, the person under investigation may even go for walks.

What is possible and what is not possible under any circumstances while under house arrest? There are a number of prohibitions that can never be lifted. This is communication with participants in the investigation and other defendants, this includes the prohibition of correspondence, sending correspondence and electronic messages. Other bans can be partially lifted. How to do it?

The law allows you to apply to the investigator with the appropriate petition. At the same time, we would not recommend such a way to make your stay under house arrest more lenient, and here's why. The investigator, if he comes to the conclusion that the petition is justified, will need to collect material and send it to the court. More than a full workload of investigators and catastrophic shortage time may be the reason for a banal refusal to satisfy a seemingly justified defense request.

Most optimal way to declare some "relaxations" is a petition during the extension of the measure of restraint. We already wrote that initially the arrest can be chosen up to 2 months. Subsequently, in almost every case, the investigator comes up with a petition to extend the detention under house arrest, which is considered in accordance with all the rules with the participation of the accused, defense counsel, and the prosecutor. At such a court session, a petition can be made (orally) of the following nature:

• about providing walks- indicate how much time the accused needs to walk and within what territories. Based on practice, in the summer heat, the court may allow walking within a radius of 100-200 meters from the house daily from one to 3 hours. In order for the petition to be granted, it must be well substantiated. For example, the reason for the request to the court may be a deterioration in the state of health, a long investigation time and, accordingly, a long stay in lock-up, etc.
• about permission to visit a certain doctor. It's about not about calling an ambulance (such a right cannot be limited under any circumstances), but about planned treatment, visiting the attending doctor while being on a permanent basis (with a neuropathologist, cardiologist, etc.). Of course, the application must be substantiated by medical documents.
• on the provision of the opportunity to visit the church and temples. Courts rarely refuse a request to allow one or two times a week to visit the nearest temple for religious purposes.

If the court agrees with the stated requests of the accused and his defense, in the decision to extend the period of detention under house arrest, he is obliged to indicate which restrictions are partially lifted, what exactly and for how long is allowed.

Account for punishment

The time spent by the accused under house arrest shall be counted towards the term of any punishment imposed subsequently by the verdict. So, one day of imprisonment corresponds to one day spent under arrest.

Example. Nikiforov A.P., accused of committing the murder of a cohabitant, that is, of committing a crime under Part 1 of Art. 105 of the Criminal Code of the Russian Federation, was kept under house arrest for 13 months (the investigation was ongoing for 6 months and the trial lasted for 7 months, taking into account the appeal instance). The guilty verdict, which Nikiforov A.P. was appointed 6 years of imprisonment in a strict regime correctional colony, entered into force on 04/06/2019. With the full serving of the sentence Nikiforova A.P. will be released from places of deprivation of liberty not on 04/06/2024, but on 03/06/2023, that is, minus the 13 months that he spent under house arrest.

Does the term of being under this measure of restraint be counted if the convict was given mild sentences that are not related to deprivation of liberty? Yes, they count. Three days of assigned corrective labor or 8 hours compulsory works corresponds to 1 day of house arrest. In some cases, since the punishment is fully offset, the convicted person is considered to have served his term already in the courtroom when the verdict is announced.

Example. Filippov A.P. was kept under house arrest for 3 months. By a court verdict, he was assigned compulsory work for a period of 400 hours. Since one day of homerest corresponds to 8 hours of compulsory work, then with the offset, Filippov served the sentence in full by the day the verdict was announced (400: 8 \u003d 50 days of preventive measures).

In the above example, in fact, Filippov was under house arrest for 40 days longer (330=90 days-50=40) than the court appointed when sentencing. Does Filippov have the right to any compensation for having served more sentence than necessary? No, it does not, since there are no exonerating grounds in the case, as a result of which it is possible to raise the issue of compensation for undeserved detention or house arrest.

When a court sentence imposes a penalty in the form of a fine, the law allows, without going into calculations, but taking into account the circumstances of the crime, to consider the amount fully or partially paid if the convicted person was under house arrest in this case.

The concept of house arrest appeared in the legislation of the Russian Federation in 2011 and was modernized every year. In 2018, this preventive measure is chosen by the court to isolate the defendant/accused from society at the place of residence. Restrictions are established in accordance with Art. 107 of the Code of Criminal Procedure of the Russian Federation and can be changed upon request. An appeal/complaint regarding the extension of house arrest or its termination is submitted to the court, which decides on the matter. In the latter case, the defendant may be released from custody or placed in a pre-trial detention center.

If the arrest is a necessary measure, what will be the escape, when can the period be extended? General points on the home isolation of the accused are disclosed in this article. If you have questions about the Criminal Procedure Code of the Russian Federation and house arrest regarding your personal situation, then you can get a detailed consultation from experienced lawyers on the website of our company - through the form and by phone.

Grounds for house arrest

When house arrest is ordered necessary measure suppression depends on a number of reasons and circumstances. General grounds to restrict the freedom of the defendant - initiation of a criminal case and bringing charges.

Reasons on which the application for house arrest by the investigator is based:

• the accused may abscond from the investigation;
• criminal acts will continue, which will aggravate the situation and complicate the investigation;
• there is real threat for witnesses and evidence that can be destroyed by the guilty.

If the restrictions established by the court are violated on at least one point, then he is taken into custody and sent to a pre-trial detention center. Why is the defendant not sent to a pre-trial detention center, but has limited freedom under house arrest? There are several legitimate reasons for this:

• the guilty person repented of his deed;
• the charge is not serious;
• there are no convictions, relapses, and there are also loyal personality characteristics;
• return - a minor, over 55 years for women and 60 years for men;
• medical assistance is required due to a number of chronic and temporary diseases;
• marital status is also taken into account in the case of choosing a preventive measure;
• disability;
• permanent occupation;
• availability of own housing and permanent residence, etc.

Note!

If the defense is carried out with the support of an experienced lawyer, then almost any defendant can be replaced by a pre-trial detention center with house arrest, choosing the correct interpretation and arguments.

House arrest do's and don'ts

The main types of prohibitions during house arrest:

• communication with people who are not members of the circle of close relatives;
• leaving the apartment without notifying the regulatory authorities;
• use of any means of communication - Internet, telephone;
• receiving/sending correspondence/letters;
• contacts with people who are related to legal proceedings (with the exception of a lawyer).

Note!

The defendant can call the investigator, the inspector of the Federal Penitentiary Service, the lawyer and emergency services without restrictions. Internet use can be monitored through an ISP or otherwise, which is a violation of the ban and entails a real detention.

How to remove some of the bans

The legislation establishes a certain range of prohibitions that cannot be lifted under any circumstances during house arrest. But, experienced lawyers know that indulgences exist and every defendant can use them if he knows the sequence of lawful actions.

Under what circumstances can the list of restrictions on house arrest be changed? The first way is to file a petition with the investigator, who will most likely reject the petition due to workload. That is why lawyers do not recommend making such a request, but to wait until a petition is filed for an extension of home restraint. The decision to extend house arrest is made in court in accordance with all legal norms - with the participation of the accused, the prosecutor, the defense counsel and the judge.

You can apply for a change in the list of restrictions during the court session orally and in writing. A request for changes to the prohibitions may be as follows:

• walks - how much time is needed, within which territories, reasons for staying on fresh air(summer heat, health problems, doctor's recommendations, etc.);
• leaving the house to a medical clinic with confirmation of the need for such outings by a medical report;
• visiting church institutions and temples - 1-2 times a week, which is most often satisfied by the court.

If the petition is granted by the court, then the list of restrictions and permits is indicated in the decision.

House arrest period

By law, arrest at home is appointed for a period of 2 months. If the investigation cannot be completed within this period, this is the basis for canceling the ban or changing the measure of restraint, including for a pre-trial detention center and an extension of the period of home detention.

The maximum allowable period of detention outside the cell is 1.5 years. With protracted legal proceedings and with the support of an experienced lawyer, the defendant can be released from house arrest and not even end up in a pre-trial detention center, which directly depends on attendant circumstances and reasons. The time spent under house arrest is counted at the rate of 2 days for 1 day in a pre-trial detention center or imprisonment.

Extension of house arrest

By decision of the court, the period of house arrest can be extended upon application for the period:

• up to 6 months under general conditions;
• 12 months - in case of a protracted investigation and the presence of the above circumstances;
• 1.5 years - in exceptional situations in relation to those accused of especially serious crimes in accordance with Part 3 of Art. 31 Code of Criminal Procedure of the Russian Federation.

Control over the defendant

How is the control over the accused carried out during the period of house arrest? It can be visual, electronic and other technical means which apply to a person with restricted freedom. AT judicial practice The actual method of control is an electronic bracelet with fixation on a person's leg. This tool allows you to monitor the movement of the ward remotely, which is convenient for both parties. Additional control measures also include:

• at least 2 times a week, the accused is checked at the place of execution of the measure, except for night hours;
• 2 times a month, the inspection conducts an inspection at the place of work / study, if visiting this institution is not prohibited;
• records of communication facilities are maintained, including computer technology and the Internet.

Note!

If the authority of the inspector is exceeded, the accused has the right to file a complaint, which is better to coordinate with the lawyer in advance and record by all available means.

Control without a wristband

If the electronic bracelet cannot be installed due to some reasons, then the inspector of the executive inspection is guided by the Order of the Ministry of Justice, the Federal Penitentiary Service and the Ministry of Internal Affairs, which regulates the procedure for regulatory authorities for compliance with prohibitions:

• check at the place of residence - an unlimited number of times;
• verification of means of communication and communications by any legal means - through the provider, personal verification of the browser / phone, etc.;
• installation of audio and video monitors inside the premises, except for those places where it is unacceptable (toilet, bathroom).

If a violation is found, a report is submitted. This may be the closed door of the apartment (did not open), information about the accused leaving the confined space, telephone conversations, sending mail notifications, telegrams, and so on.

Consequences of house arrest violations

• during the current investigation, the violation of the ban is reported to the investigator, who requests the abolition of house arrest and its replacement with another measure of restraint;
• if the case has already been submitted to the court, then the data is transferred to the judge.

Note!

The failure of the accused to appear in court is not an obstacle to the petition, upon satisfaction of which the offender is put on the federal wanted list, and upon capture, he is immediately determined in the pre-trial detention center.

Summary

House arrest is one of the measures to prevent the movement of the accused for a while investigative actions, which has positive and negative sides. Only the term that will be counted in the total period of imprisonment can be classified as negative. For example, a term in a pre-trial detention center is equated in proportion to the sentence being served, and home detention is counted as 2 days for 1.

There are many more positives:

• the accused is at home and is not 100% deprived of liberty;
• an extension of house arrest can be obtained if there are good reasons and with the support of a competent lawyer;
• arrest is allowed without interruption from work and study, since the result of the trial is unknown and there may be an acquittal.

The main thing to consider with regard to house arrest is that you cannot violate the restrictions established by the court. You can change them at the request, but it is better to do this during the extension of the preventive measure. For other legitimate issues related to temporary restraint of liberty and arrest, you can consult our company by contacting lawyers.

Recent questions on the topic: "house arrest"

What to do if the leader of the gang was given house arrest?

Hello. Tell me please. I am a victim in a criminal case against me, the crime of beating followed by extortion was committed. 5 months later, the leader of the entire gang is released from the pre-trial detention center under house arrest pending trial, the investigator and the opera allege that he confesses and cooperates with the investigation. But I fear for my future health and property, and I suspect that in the future the leader of the gang will not be appointed a term, but will be given a suspended sentence.

Why such privileges to the leader of the criminal group?

State. We cannot apply protection. We refuse. I am an individual entrepreneur and I cannot quit my job, where I have invested a lot of effort, money, etc.

Polina, Novosibirsk

House arrest

Lawyer: Roman Poglazov

now online

Changing the preventive measure against the suspect is the prerogative of the court. Such a statement or petition could be made by an investigator, prosecutor or lawyer of the suspect. The final decision on the choice of a measure of restraint is made by the court. If you really fear for your life or your property, then you, as a victim in the case, have the right to appeal against the court decision. To do this, you will need to apply to the court with an application for issuing a copy of the decision to you and then file a corresponding complaint with the Judicial Collegium for Criminal Cases of the regional court. To write a complaint, I recommend that you contact a lawyer in your place of residence. He will know not only the specifics of writing a complaint, but also the pitfalls of filing such a complaint (the relationship of the judge of first instance with the regional court, and with the prosecutor's office)

Lawyer: Oleg Kers

now online

Good afternoon Polina. You can apply to the investigator with a written request for the application of state protection measures against you and your loved ones in accordance with the Federal Law “On State Protection of Victims, Witnesses and Other Participants in Criminal Proceedings” dated August 20, 2004 N 119-FZ.

But it is currently difficult to answer the question of what punishment will be assigned to the person indicated by you.

Lawyer: Irina Romanova

now online

Good evening!
Excuse me, what exactly is your question?
The actions of the investigator and the commissioner's operas do not have clear violations in terms of legislation Russian Federation.
The actions of the judge will also be lawful if he is given a suspended sentence, a fine, etc.
Please tell me, what harm did the beating cause to your health? Did the person have accomplices or was the crime committed sole person? These questions need to be known in order to assess all the circumstances of the case, the expected period, the nature of the offense and the consequences.

Sincerely, Irina!

Lawyer: Oleg Kers

now online

State. Protection was offered, but we refuse due to the fact that I am an individual entrepreneur and I cannot quit my job. A lot of effort, money, health, etc. have been invested in it.
Pauline

Polina, since the person you indicated entered into a pre-trial cooperation agreement, it is highly likely that he will not even approach you. Otherwise, the preventive measure can be changed back to detention.

Can I be released from house arrest before the trial?

Hello, The man committed theft for the first time, before that there were no convictions and was never held accountable before the law. there was a theft of gold jewelry, after the victim filed a complaint with the police. An investigation began, this person was driven to the police by security officers, the person refused, then after 5 days of investigation, evidence was found and he was placed in a pre-trial detention center for further hearing in court. In court, he pleaded guilty, the trial was adjourned the next day! the next day the court released him under house arrest. The appraiser estimated the theft of gold at 32,000 + moral damage of 5,000 at the initiative of the victim! The victim is ready to go to reconciliation to the investigator and on the same day she will receive her money to her account! please tell me the court still needs to wait until the end of September, or will he be released after reconciliation? Thank you

Alice, Moscow

House arrest

Lawyer: Andrey Dogadin

now online

Hello. The investigator will not terminate the case after reconciliation of the parties. Management won't let him. They have statistical reporting on cases sent to court. But in court they will probably stop if we don’t judge. Compensate for the damage against the receipt of the victim, preferably in the presence of the investigator, so that he would immediately reflect this in an additional interrogation.

Then, in court, you need to write an application to dismiss the case for reconciliation of the parties.

Code of Criminal Procedure of the Russian Federation, Article 25. Termination of a criminal case in connection with the reconciliation of the parties

The court, as well as the investigator with the consent of the head of the investigative body or the interrogating officer with the consent of the prosecutor, on the basis of an application by the victim or his legal representative, have the right to terminate the criminal case against a person suspected or accused of committing a crime of a minor or moderate, in the cases provided for by Article 76 of the Criminal Code of the Russian Federation, if this person reconciled with the victim and made amends for the harm caused to him.

Lawyer: Alexander Gerasimov

offline now

Good afternoon, Alice.

If the criminal case is pending before the court, then there is no need to go to the investigator.

In court, the victim receives a petition in accordance with Art. 25 of the Code of Criminal Procedure of the Russian Federation that she has no claims against the defendant. The latter made amends for the damage caused to her and she wishes to terminate the criminal case under Art. 25 Code of Criminal Procedure of the Russian Federation. The only thing is that the court session will still have to wait.

Only the court can decide on the abolition of the measure of restraint in the form of house arrest, if the case is in court. The investigator may not come out with a petition to extend the period of house arrest.

Is it possible to avoid arrest if the husband hit a man?

My husband on a bus hit a pedestrian in the zone pedestrian crossing. What are the possible penalties and how can you avoid arrest. I am on maternity leave with a small child.

Irina, Moscow

House arrest

Lawyer: Gennady Kuraev

offline now

Hello Irina.

The choice of a measure of restraint in the form of detention is an extreme measure. If there are no mandatory grounds for arrest, you can ask for another measure of restraint.

Code of Criminal Procedure

Article 108. Detention

1. Detention as a measure of restraint is applied by a court decision in relation to a suspect or accused of committing crimes for which the criminal law provides for punishment in the form of deprivation of liberty for a term of more than three years, if it is impossible to apply another, milder, measure of restraint. When choosing a preventive measure in the form of detention, the judge's decision must indicate the specific, factual circumstances on the basis of which the judge made such a decision. Such circumstances cannot be data that has not been verified during the court session, in particular, the results of operational-search activities submitted in violation of the requirements of Article 89 of this Code. AT exceptional cases this measure of restraint may be chosen in relation to a suspect or accused of committing a crime for which a penalty of imprisonment for a term of up to three years is provided, in the presence of one of the following circumstances:
(as amended by Federal Laws No. 161-FZ of 08.12.2003, No. 226-FZ of 02.12.2008, No. 309-FZ of 30.12.2012)

1) the suspect or the accused does not have a permanent place of residence on the territory of the Russian Federation;
2) his identity has not been established;
3) he has violated the previously chosen preventive measure;
4) he has fled from the bodies of preliminary investigation or from the court.
1.1. Detention as a measure of restraint may not be applied to a suspect or accused of committing crimes under Articles 159-159.3, 159.5, 159.6, 160, 165, if these crimes were committed in the area of entrepreneurial activity, as well as articles 171 - 174, 174.1, 176 - 178, 180 - 183, 185 - 185.4, 190 - 199.2 of the Criminal Code of the Russian Federation, in the absence of the circumstances specified in paragraphs 1 - 4 of the first part of this article.
(Part one.1 was introduced by Federal Law No. 383-FZ of 29.12.2009, as amended by Federal Laws No. 60-FZ of 07.04.2010, No. 207-FZ of 29.11.2012, No. 325-FZ of 03.07.2016)

2. Detention as a preventive measure may be applied to a minor suspected or accused if he is suspected or accused of committing a grave or especially grave crime. In exceptional cases, this measure of restraint may be chosen in relation to a minor who is suspected or accused of committing a crime of medium gravity.
3. If it is necessary to select detention as a preventive measure, the investigator, with the consent of the head of the investigative body, as well as the interrogating officer, with the consent of the prosecutor, file a corresponding petition with the court. The decision to initiate a petition shall set out the motives and grounds due to which it became necessary to place the suspect or the accused in custody and it is impossible to choose another measure of restraint. The decision shall be accompanied by materials confirming the validity of the petition. If a petition is filed against a suspect detained in the manner prescribed by Articles 91 and 92 of this Code, then the decision and the indicated materials must be submitted to the judge no later than 8 hours before the expiration of the period of detention.
(in ed. federal law dated 05.06.2007 N 87-FZ)

4. The decision to file a motion to select detention as a measure of restraint shall be subject to consideration by a single judge of a district court or a military court of the appropriate level with the obligatory participation of the suspect or the accused, the prosecutor, the defense counsel, if the latter is involved in the criminal case, at the place of the preliminary investigation, or the place of detention of the suspect within 8 hours from the moment the materials are received by the court. The suspect, detained in accordance with the procedure established by Articles 91 and 92 of this Code, shall be brought to the court session. A legal representative of a minor suspect or accused, the head of an investigative body, an investigator, an inquirer may also participate in a court session. Failure to appear without good reason by the parties, who were notified in due time of the time of the court session, is not an obstacle to the consideration of the petition, except in cases where the accused does not appear.
(as amended by Federal Law No. 226-FZ of December 2, 2008)

5. The adoption of a court decision on the choice of a preventive measure in the form of detention in the absence of the accused is allowed only if the accused is put on the international wanted list.
(Part five was introduced by Federal Law No. 58-FZ of May 29, 2002)

6. At the beginning of the session, the judge announces which petition is subject to consideration, explains to the persons who come to the court session their rights and obligations. Then the prosecutor or, on his instructions, the person who filed the petition substantiates it, after which other persons who appeared at the court session are heard.
7. Having considered the petition, the judge shall issue one of the following rulings:
1) on the election of a measure of restraint in the form of detention in respect of the suspect or the accused;
2) on refusal to satisfy the application;
3) on the extension of the period of detention. Extension of the period of detention is allowed provided that the court recognizes the detention as lawful and justified for a period of not more than 72 hours from the moment the court decision is made at the request of one of the parties for the provision of additional evidence by it of the validity or groundlessness of choosing a preventive measure in the form of detention. The decision to extend the period of detention shall indicate the date and time until which the period of detention is extended.
(Clause 3 as amended by Federal Law No. 92-FZ of July 4, 2003)

7.1. In case of refusal to satisfy the petition for the election of a preventive measure in the form of detention in respect of the suspect or the accused, the judge own initiative has the right, if there are grounds provided for in Article 97 of this Code, and taking into account the circumstances specified in Article 99 of this Code, to choose a preventive measure in the form of bail or house arrest in respect of the suspect or accused.
(Part 7.1 was introduced by Federal Law No. 161-FZ of 08.12.2003)

8. The decision of the judge is sent to the person who filed the petition, the prosecutor, the suspect, the accused or the victim and is subject to immediate execution.
(as amended by Federal Law No. 432-FZ of December 28, 2013)

9. Repeated application to the court with a request for the detention of the same person in the same criminal case after the judge has issued a decision to refuse to select this measure of restraint is possible only if new circumstances arise that justify the need to take the person into custody.
ConsultantPlus: note.
On the identification of the constitutional and legal meaning of the tenth part of Article 108, see Resolution of the Constitutional Court of the Russian Federation of March 22, 2005 N 4-P.

10. If the issue of choosing detention in relation to the defendant as a measure of restraint arises in court, then the decision on this is made by the court at the request of the party or on its own initiative, on which a ruling or resolution is issued.
11. The decision of the judge on the choice of detention as a measure of restraint or on the refusal to do so may be appealed on appeal, taking into account the specifics provided for in Article 389.3 of this Code, within 3 days from the date of its issuance. The Court of Appeal takes a decision on the complaint or presentation no later than 3 days from the date of their receipt. The decision of the court of appeal on the annulment of the decision of the judge on the choice of detention as a measure of restraint is subject to immediate execution. The decision of the court of appeal may be appealed in cassation according to the rules established by Chapter 47.1 of this Code.
(Part 11 as amended by Federal Law No. 433-FZ of December 29, 2010)

12. The person in charge of the criminal case shall immediately notify of the place of detention or of a change in the place of detention of the suspected or accused one of his close relatives, in their absence - of other relatives, when a military serviceman is taken into custody - also the command of a military unit, when detaining a person who is a member of a public monitoring commission formed in accordance with the legislation of the Russian Federation, also the secretary of the Public Chamber of the Russian Federation and the relevant public monitoring commission, and when detaining an employee of an internal affairs body, also the head of the body where the specified employee works.
(as amended by Federal Laws No. 132-FZ of July 1, 2010, No. 155-FZ of July 22, 2010)

13. It is not allowed to assign the powers provided for by this article to the same judge on a permanent basis. These powers are distributed among the judges of the respective court in accordance with the principle of distribution of criminal cases.
(Part thirteen was introduced by Federal Law No. 58-FZ of May 29, 2002)

14. The requirements of Article 95 of this Code shall apply to the accused in custody.

Lawyer: Marina Kozhevnikova

offline now

Irina, hello! What are the health risks for pedestrians? If this is a serious bodily injury, then there will be criminal liability under Art. 264 of the Criminal Code of the Russian Federation.

1. Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, which negligently entailed the infliction of grievous harm to human health, Shall be punishable by restraint of liberty for a term of up to three years, or forced labor for a term of up to two years. with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it, or arrest for a term of up to six months, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
(as amended by Federal Laws No. 377-FZ of 27.12.2009, No. 26-FZ of 07.03.2011, No. 420-FZ of 07.12.2011, No. 528-FZ of 31.12.2014)
(see text in previous edition).

AT this case for this article, they cannot be taken into custody as a measure of restraint, since it does not belong to the category of grave ones.

If serious harm is not caused, then there will be an administrative responsibility, provided for in Art. 12.24 Administrative Code

"Code of the Russian Federation on Administrative Offenses" dated December 30, 2001 N 195-FZ (as amended on July 29, 2017) (as amended and supplemented, effective from July 31, 2017)
(as amended by Federal Law No. 38-FZ of April 22, 2005)
(see text in previous edition)

1. Violation of the Rules of the Road or the rules of operation of a vehicle, which caused slight harm to the health of the victim - shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

(see text in previous edition)
2. Violation of the Rules of the Road or the rules for operating a transport vehicle, which caused moderate harm to the health of the victim, -
(as amended by Federal Laws No. 116-FZ of 22.06.2007, No. 210-FZ of 24.07.2007, No. 196-FZ of 23.07.2013)
(see text in previous edition)
Notes:
1. Infliction of slight harm to health should be understood as a short-term health disorder or a slight permanent loss of general ability to work.
2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of the general ability to work by less than one third.

How to legally apply for parole and house arrest?

Hello tell me.

Victoria, Petrozavodsk

House arrest

Lawyer: Oleg Kers

now online

Good night Victoria. The crime under Part 1 of Art. 111 of the Criminal Code of the Russian Federation in accordance with Part 4 of Art. 15 of the Criminal Code of the Russian Federation belongs to the category of serious crimes.

According to part 2 of Art. 80 of the Criminal Code of the Russian Federation, the unserved part of the punishment may be replaced by a milder type of punishment after the actual serving of the person sentenced to imprisonment for committing a serious crime - at least half of the term of punishment.

A similar period must be served for parole in accordance with paragraph "b" part 3 of Art. 79 of the Criminal Code of the Russian Federation.

Does the medical examination expire during the period of compulsory work?

Hello, in a criminal case, I was sent for a medical certificate, I spent a month in a mental hospital. They said that this term would be deducted from the term if there was a restriction of freedom, but they gave 480 hours of compulsory work. For example, in a pre-trial detention center, one day is equal to eight hours of compulsory work. The essence of the question: will this month of medical examination be deducted from the hours?

Thank you in advance.

Daniel, Kaluga

House arrest

Lawyer: Ruslan Iovin

offline now

Good afternoon

Criminal Code of the Russian Federation, Article 72. Calculation of terms of punishments and set-off of punishment

The time of keeping a person in custody pending trial shall be included in the terms of imprisonment, forced labor, detention in a disciplinary military unit and arrest at the rate of one day for one day, restriction of freedom - one day for two days, correctional labor and restrictions on military service- one day for three days, and during the period of compulsory work - at the rate of one day of detention for eight hours of compulsory work.

Lawyer: Ruslan Iovin

offline now

Code of Criminal Procedure, Article 109. Terms of detention

10. The period of detention shall also include the time:
1) for which the person was detained as a suspect;
2) house arrest;
3) forced stay in a medical organization providing medical care in inpatient conditions, or in a medical organization providing psychiatric care in inpatient conditions, by a court decision;

Can I write a complaint if my father was taken under house arrest?

Good afternoon! My father has been placed under house arrest since March 2017. The deadline is extended every month. 12/27/17 extended for another 2 months. Is it possible to file a complaint? According to the materials of the case, there is no evidence against my father, only testimony. Thanks

Matvey, Vladivostok

House arrest

Lawyer: Olga Shevchenko

now online

House arrest is a measure of restraint, it is chosen by the court. Extension - also through the courts. Accordingly, the accused or his lawyer may appeal the court's decision. Need to file a complaint with the court

Code of Criminal Procedure Article 107. House arrest

1. House arrest as a measure of restraint is chosen by a court decision in relation to the suspect or the accused if it is impossible to apply another, milder measure of restraint and consists in finding the suspect or the accused in full or partial isolation from society in the living quarters in which he lives in as an owner, tenant or on other legal grounds, with the imposition of restrictions and (or) prohibitions and exercising control over him. Taking into account the state of health of the suspect or the accused, a medical institution may be determined as the place of his detention under house arrest.
2. House arrest is elected for up to two months. The period of house arrest is calculated from the moment the court decides on the choice of this measure of restraint in relation to the suspect or the accused. If it is impossible to complete the preliminary investigation within up to two months and if there are no grounds for changing or canceling the preventive measure, this period may be extended by a court decision in the manner prescribed by Article 109 of this Code, taking into account the specifics determined by this Article.
2.1. The period of house arrest includes the time spent in custody. The total period of house arrest and detention, regardless of the sequence in which these preventive measures were applied, must not exceed the maximum period of detention established by Article 109 of this Code.

​

Can I be placed under house arrest?

Good afternoon! My husband is going to be convicted under the article of possession, and possibly the sale of narcotic drugs. At the moment, today he had a trial, at which they decided on a measure of restraint pending trial in custody for two months. We would like to somehow try in any way so that they don’t give him a real term. To at least some kind of domestic orest. Well, or in extreme cases, in addition to a minimum of imprisonment. Tell me, please, is at least one of these things possible in this situation?

Anastasia, Irkutsk

House arrest

Lawyer: Vasily Viktorovich Vostrikov

now online

Hello Anastasia!

You need to hire a qualified lawyer specializing in such cases at the place of residence. Only a lawyer can access the materials of a criminal case. It is not possible to carry out protection in such cases remotely. It is necessary to do this as soon as possible, since the punishment for such categories of cases is very severe.

I hope my advice helped you, I wish you all the best!

Lawyer: Anna Pavlova

now online

Hello Anastasia!

Under what article is the charge brought?

228 or 228.1 of the Criminal Code of the Russian Federation??

These articles provide the following types punishments:

fine, compulsory works, correctional labor, restriction of freedom, imprisonment

House arrest is used as a measure of restraint, in this case, detention is appointed, only the court can change it.

In order to avoid a prison sentence, your husband's lawyer must provide relevant evidence (examples - positive reference from the place of work positive reviews from neighbors, the presence of dependent minor children, etc.)

Is it possible to change the measure of restraint from house arrest to a written undertaking not to leave?

My son is under house arrest, in the case in which he was framed, his friend came to our house with drugs, and then said that my son helped him in packing drugs, while there is no evidence against my son, can his preventive measure be changed for a subscription about the Neva ride? b) Paragraph 4 of the Notes shall be stated as follows:
"4. In the articles of this Chapter, with the exception of parts six and seven of Article 159, Articles 159.1 and 159.5, the value of property in excess of two hundred and fifty thousand rubles is recognized as a large amount, and one million rubles as an especially large amount.

However, on April 14, 2018, changes entered into Article 72 of the Criminal Code of the Russian Federation -

"Article 1

Introduce the following amendments to Article 72 of the Criminal Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1996, N 25, Art. 2954; 2011, N 50, Art. 7362):
1) part three shall be stated in the following wording:
»3. The time of keeping a person in custody until the entry into force of a court verdict is counted in the terms of detention in a disciplinary military unit at the rate of one day for one and a half days, restriction of freedom, forced labor and arrest - one day for two days, correctional labor and restrictions on military service - one day for three days, and during the period of compulsory work - at the rate of one day of detention for eight hours of compulsory work.
2) add part three.1 as follows:
“3.1. The time of keeping a person in custody shall be included in the term of deprivation of liberty, except for the cases provided for by paragraphs three.2 and three.3 of this article, at the rate of one day for:
a) one day of serving a sentence in a prison or correctional 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 a sentence in a colony-settlement.”;
3) add part three.2 as follows:
“3.2. The time of keeping a person in custody shall be included in the term of deprivation of liberty at the rate of one day for one day in respect of convicts in case of especially dangerous recidivism of crimes; convicts who the death penalty by way of pardon, replaced by life imprisonment or imprisonment for a term of twenty-five years; convicted for the crimes provided for by Articles 205 - 205.5, parts three and four of Article 206, part four of Article 211, parts two and three of Article 228, Articles 228.1, 229, 275, 276, 361 of this Code, and crimes associated with the implementation of terrorist activities, provided for by Articles 277-279 and 360 of this Code.”;
4) add part three.3 as follows:
“3.3. The time spent in custody shall be counted towards the term of deprivation of liberty at the rate of one day for one day in relation to the period of stay of a convicted person serving a sentence under strict conditions in an educational colony or correctional colony of general regime, in a penalty or disciplinary isolator, a cell-type room or a single cell type, in case of application of disciplinary measures to the convict in accordance with the penitentiary legislation of the Russian Federation.”;
5) add part three.4 as follows:
“3.4. The time spent by a person under house arrest shall be counted in the term of keeping a person in custody pending trial and in the term of deprivation of liberty at the rate of two days of being under house arrest for one day of detention or imprisonment.”;
6) in part four, the words "at the rate of one day for one day" shall be replaced by the words "according to the rules established by parts three and three.1 of this Article".

The provisions of Article 72 of the Criminal Code of the Russian Federation (as amended by this Federal Law) shall be enforceable:
1) within three months from the date of entry into force of this Federal Law in respect of persons serving a sentence of deprivation of liberty in an educational colony and colony-settlement;
2) within six months from the date of entry into force of this Federal Law in respect of:
a) persons serving a sentence of deprivation of liberty in a correctional colony of general regime;
b) persons serving sentences in the form of compulsory labor, correctional labor, restriction of freedom, forced labor;
c) servicemen serving a sentence in the form of a restriction in military service or detention in a disciplinary military unit.

Escape from custody. How to be?

A man was arrested on charges of a crime he did not commit. He escaped from custody. A month later he was caught. During his absence, the police also caught the real culprit. Will there be something for escaping from custody or not?

1. The right to rehabilitation includes the right to compensation for property damage, elimination of the consequences of moral damage and restoration of labor, pension, housing and other rights. The harm caused to a citizen as a result of criminal prosecution is compensated by the state in full, regardless of the fault of the body of inquiry, the inquirer, the investigator, the prosecutor and the court.

2. The right to rehabilitation, including the right to compensation for harm associated with criminal prosecution, have:

3) a suspect or an accused whose criminal prosecution has been terminated on the grounds provided for in paragraphs 1, 2, 5 and 6 of part one of Article 24 and paragraphs 1 and 4-6 of part one of Article 27 of this Code;

Rehabilitation means the removal by the state of all negative consequences caused by illegal prosecution and, accordingly, compensation for harm in material and moral terms.

It follows from this that the person who escaped is not considered to be the one in respect of whom the measure of restraint was chosen.

That is, if he is arrested this person will not be prosecuted for the escape, since it will not legally be considered a person in respect of whom a preventive measure was chosen.

One exception, in case of committing any other crime while escaping (for example, causing bodily harm or killing a convoy employee), this person will be held criminally liable not for escaping, but for violent crimes against an official.

Lawyer: Igor Ryganov

offline now

In the event of unlawful prosecution and how
consequence of unlawful detention escape from custody
detainee is not a crime.

If for the purpose of making
escape, or after it, the escapee commits another crime, then he
will be criminally responsible for committed crime, but not
for the escape.

Escape is a crime that is committed only with direct intent. That is, a person understands that he has committed a crime for which he must be punished, and that a measure of restraint may be chosen against him. But given these circumstances, he leaves the place of detention, violating the law.

If the detainee did not commit a crime, he has reason to believe that his detention is illegal.

Is the time limit for serving the sentence correct?

Husband was given 3 years for 127st p.p. c, f part 2 and 13 years from 111 part 4 by partial addition through Article 69 of the Criminal Code of the Russian Federation part 3 gave 15 years. Is the term of serving the sentence correct?

Marina, Chelyabinsk

House arrest

- tell your friends

"My home is my castle," say the British, although under conditions modern world The house can also become a personal prison. House arrest or "punishment at home" isolates the offender from society, providing him with deprivation from the beginning of the investigation and sentencing until the punishment is served. But the procedure itself is imperfect, which is most evident in remote towns and villages.

The legislative framework

Speaking of filling legislative framework, we turn to Art. 98, 107, 108 of the Code of Criminal Procedure of the Russian Federation, which designate the measures of restriction of freedom practiced in Russia. In our case, this is house arrest (YES) and a taboo for people who, by the will of fate, experienced such “hospitality”. Whether the “hero of the occasion” will be punished by serving time in a dressing gown and slippers, the court decides, after weighing all the pros and cons, but always in the manner prescribed by Art. 108.

Given the age, the presence of diseases, family status prisoner, the court determines his “deprivation”, and appoints a supervisor of compliance with the conditions of arrest.

Who can count on "home punishment"?

It can be argued that the aforementioned arrest is indicated for a suspect/accused/convict in the absence of the possibility of applying leniency to him and it is foolish to apply a prison sentence:

• In case of an offense fraught with:

  Imprisonment for more than 3 years (citizen - suspect or accused);
  - detention in prison for less than 3 years or no such type of punishment at all.

• If the measure is violated more than mild nature(subscription).

Content under YES not subject to military personnel, citizens of Russia who do not have their own living space, foreigners and stateless persons, which is due to the lack of a permanent place of residence on the territory of Russia.

Bail and house arrest

If the request to apply YES to the suspect/accused is rejected, then the judge, at his own discretion, taking into account good reasons and all the circumstances of Art. 99, has the right to appoint bail.

House arrest period

The duration of the "punishment at home" is determined only by the court on the basis of the arguments of the parties. When a person is accused of a minor offense, then the maximum period of stay “under house lock” during the investigation is no more than 0.5 years.

For crimes with an index of "severe" and above, the arrest may drag on up to one and a half years, and in individual situations - and longer.

The DA takes into account the citizen's detention. The total period of "exemptions from civil life”, regardless of the order of their application, is not higher than the time during which the offender is detained.

If the verdict contains a clause on deprivation of liberty, YES is counted in the term of punishment from the following calculation: 2 days of arrest = 1 day of the colony.

What are the restrictions on house arrest?

Taking into account the identity of the prisoner, the severity of the deed and the details of the case, the judge imposes various restrictions and taboos:

• to unhindered movement outside the place of residence, but at the same time, walks may be allowed at times determined by the court;
• to visit certain places, especially entertainment, or visiting such places is permissible, but only with the permission of the court and at any specified time;
• contacts with persons whose meetings may affect the conduct of a criminal case, while a person is allowed to communicate with relatives, an investigator, a lawyer;
• on postal and communication services, in particular, a ban on using the telephone and the World Wide Web, although the exception is the need to call an ambulance, police, emergency gang at an emergency, and, in addition, a conversation with a controller, interrogating officer or investigator, but about each such "Session" the prisoner informs the controller.

The change of restrictions/prohibitions is carried out by the judge at the request of the detainee himself, his legal representative or lawyer, as well as the investigator or interrogating officer.

Features of house arrest

House arrest is a rather specific measure of punishment for offenders, therefore it has a number of features that distinguish it from other types of deprivation:

• Control over the movement of the prisoner is carried out through an electronic bracelet, while the path is recorded on the electronic console in the police station.
• When a person is placed in a hospital, the hospital ward becomes his prison.
• The prisoner is delivered to the prosecutor's office, police, court by the car of the compliance officer.
• Meetings of the prisoner with the lawyer take place in the prisoner's dwelling or hospital ward.
• “Punishment at home” is possible not only in one’s own, but also in rented housing, the main thing is to document the grounds for residence.
• A prisoner, after a mandatory warning, can be wiretapped and monitored, with the exception of the bedroom, bathroom and toilet.

How does the house arrest bracelet work?

The movements of the arrested person are monitored around the clock and displayed on a map at the police station. An electronic bracelet worn on the leg and a stationary device installed in a living room or hospital room transmit a signal that is output to the controller.

The completeness and principle of operation of such an electronic bracelet are described in more detail in this video.

It is impossible to remove this bracelet by yourself. But when the signal disappears, the inspector of the Federal Penitentiary Service will promptly arrive or call to find out the reason.

You can familiarize yourself with the manufacturing process of this electronic bracelet by watching the video presented.

What is considered a breach of restraint?

Undoubtedly, with such an arrest, all the features of prohibitions and restrictions are explained to the prisoner in great detail. But there are cases when the conditions are violated by accident or intentionally: most often it is the use of the telephone or the Internet, communication with prohibited persons, violation of movement.

I would like to note that it is more expensive to evade conscientious fulfillment of the conditions of arrest. At any time, they can conduct a search, seize computers / phones, analyze correspondence or the history of visiting sites, and, as a result, try to accuse a person of violating the conditions of punishment.

The loss of the opportunity to comfortably stay in your home is the minimum that the violator risks when ignoring the conditions indicated by the court. House arrest may be interrupted at the request of the investigator during the conduct of investigative actions or the controller, if the case is referred to the court. Therefore, the dilemma "to comply or violate the conditions" everyone decides individually.

Pros and cons of arrest "in slippers"

The prisoner begins to concentrate:

• on household chores: cooking, cleaning, washing;
• watching TV shows and TV series;
• on reading literature;
• physical education;
• study of the "geography" of the local area.

It is clear that these are indisputable advantages: to do what Everyday life didn't have enough time. The result is positive: recovery, getting used to self-service, raising intellectual level, improvement physical form. And of course, it helps a lot if the court does not prohibit communication with other people.

A positive point, in addition to those mentioned, is staying in comfortable sanitary and hygienic conditions.

Negative aspects can be considered loneliness, under certain conditions (no relatives and / or pets) and incompatibility with work activity (unless there is no opportunity to work at home). Absence from work during this period is considered for good reasons, but no payments, including salary, are due to the offender and are not charged.

I would like to note that being in a pre-trial detention center is stressful, but sometimes not justified, and it is not easy even for a lawyer to get there. Citizens are not aware that in order to talk with a client in a pre-trial detention center, a lawyer often queues early, somewhere from 7:00, although this is not a guarantee that he will “get” to the client. The reason is simple - there are not enough premises, and the pre-trial detention center often suffers from staff shortages. House arrest would partially solve this problem.

House arrest (video)

The presented video describes the procedure for registering the perpetrator of an accident under house arrest.

House arrest as a measure of restraint may be chosen at any time of the proceedings in a criminal case at the request of the participants in the trial or at the initiative of the court.

When choosing a suspect, accused in accordance with Part 2 of Article 107 of the Code of Criminal Procedure of the Russian Federation as a measure of restraint, house arrest, the court must take into account his age, state of health, marital status and other circumstances. Depending on the severity of the charges against the suspect or the accused may be subjected by the court to either all the restrictions and prohibitions listed in the first part of this article, or some of them. At the same time, special attention should be paid to persons suspected or accused of committing crimes under the age of 18: their age, living conditions and upbringing, personality traits, the influence of older persons on them, including their legal representatives.

1.1. The concept and content of a measure of restraint in the form

house arrest

House arrest is a relatively new preventive measure for the Russian criminal process.

The charter of criminal proceedings provided for house arrest (Article 416), which consisted in finding the accused at home under guard. It was also allowed to confine oneself to the obligation of the person not to leave the place of residence and to remove the guard. The Code of Criminal Procedure of the RSFSR of 1922 (Article 160) and the Code of Criminal Procedure of the RSFSR of 1923 (Articles 144, 157) provided for house arrest, which consisted in depriving the accused of liberty in the form of isolation at home, with or without the appointment of guards. Thus, some experience of the use of house arrest already took place in the national criminal procedure practice: this measure was in effect from 1864 to 1903, and then from 1922 to 1926.

According to the current legislation, house arrest consists in restricting the freedom of movement of the accused (suspect) and a ban on communication, negotiations, correspondence with other persons. Accused (suspected)<2>) is under house arrest at the place of permanent residence. Choosing this measure of restraint, the investigator (interrogator)<3>) must make sure that the accused has a permanent place of residence, as well as the possibility of organizing permanent supervision of a person subjected to house arrest.

It is essential to establish the concept of place of residence in relation to house arrest. The most preferable option is when the accused is under house arrest at the place of residence, which coincides with the passport registration<5>. However, in modern conditions of free migration of the population, this is not always possible. Our sample study of persons who were subject to a preventive measure not related to detention showed that at that time only 39% lived at the place of permanent registration, and the majority "temporarily" lived, having registration at the place of residence or even having registration in another city or even a region of the country, although this "temporary" situation persisted for years.

"The absence of registration on the territory of the Russian Federation by a person suspected or accused of committing a crime punishable by imprisonment for a term of up to two years can serve as only one of the proofs that he does not have a permanent place of residence" (paragraph 4 of the PPVS dated October 29, 2009).

The place of detention under house arrest does not have to match the data on registration at the place of residence, but it must be the housing where the accused lives permanently, with which he is connected by his lifestyle, where his property is located, where his family lives, etc. When choosing house arrest as a preventive measure, one should make sure that the accused really has a “house” in the ordinary sense of the word.

Sometimes the courts appoint a medical hospital as the place of stay, for example, the court replaced the accused K.'s detention due to the expiration of his term, at the request of the investigator, with house arrest at the place of treatment in a medical hospital - an anti-tuberculosis dispensary.

The main content of house arrest is the restrictions related to the freedom of movement of the accused. This should be a ban on leaving the home without the permission of the investigator. The accused must always be at the address indicated in the court decision on the choice of a measure of restraint. The practice of applying house arrest, when isolation is not observed, the accused goes to work, to study, or leaves the house for other reasons, equates house arrest to a written undertaking not to leave. House arrest as an alternative to arrest (i.e., detention) should primarily ensure the isolation of the accused, but not in a pre-trial detention center, but at the place of residence, and should consist in constant stay at home, and not only in the evening and at night.

House arrest is a physically coercive measure of restraint, physically isolates the accused (suspect) from society, is elected by a court decision without the consent of the accused and the consent of the authorities that ensure compliance with the established restrictions. The procedural rights of the accused and the suspect to participate in court sessions, investigative and other procedural actions cannot be restricted. Under house arrest, the freedom of movement of the accused (suspect) is more limited than under a written undertaking not to leave. He may be prohibited from leaving a dwelling, a building, a plot of territory (dachas, hotels) permanently or at a certain time; visit certain places (the area of ​​\u200b\u200bthe settlement, entertainment establishments); leave the premises unaccompanied<7>.

When the accused is constantly at home, two problems arise: 1) being in the open air; 2) providing food. As for walks, this problem arises when the accused lives in an apartment or room in an urban environment, then it is necessary to organize daily walks of the accused under supervision, lasting at least an hour<8>. With regard to the provision of food, if the accused lives alone, it is permissible that during walks he should be given the opportunity to visit a store and purchase food or ensure the delivery of food and other essentials by specialized trade organizations. Payment in such cases is carried out at the expense of the accused.

The passport of a person taken into custody or sentenced to deprivation of liberty shall be temporarily confiscated by a preliminary investigation body or a court and attached to the personal file of the said person. Upon release from custody or serving a sentence of imprisonment, the passport is returned to the citizen<9>. There are no legal grounds for seizing a passport from a person under house arrest, since this measure does not constitute detention.

House arrest is most often incompatible with the performance of work duties (if this is not possible at home). The accused should be considered absent from work for good reasons, but wages are not accrued to him.

In addition, a person under house arrest may be prohibited from:

1) communication with certain persons, the details of which are indicated in the decision on choosing a measure of restraint. The persons listed in the decision are prohibited from visiting the home of the accused during the entire time he is under house arrest;

2) receiving and sending correspondence, including by facsimile and e-mail;

3) negotiating using any means of communication. The court decision is the basis for temporarily disconnecting the wired telephone in the home of the accused, but this becomes impossible if the accused lives with his family.

Restrictions on communicating with certain persons may include a ban on meetings and conversations with participants in the proceedings in this case (suspects, accused, victims and their representatives, witnesses, experts, witnesses), with their relatives and friends, with their workmates, subordinates, friends (through whom it is possible to prevent the proceedings). The prohibition to receive and send postal items does not apply to postal money orders. Negotiation restrictions are established by specifying persons with whom it is prohibited or allowed to negotiate, as well as certain means of communication (Internet, e-mail, telephone, teletype, fax, radio, etc.)<11>.

It should also be taken into account that since the measure of restraint is related to the residence of the accused at home, the inviolability of his home, the right to privacy, personal life and family life. "In the application of non-custodial measures, the offender's right to privacy, as well as the privacy of the offender's family, shall be respected"<12>.

When imposing restrictions, courts most often indicate prohibitions:

change the place of residence without the permission of the investigator or the court;

move without the knowledge of regulatory authorities;

receive and send correspondence;

communicate with victims, witnesses in this criminal case;

communicate with strangers;

negotiate using any means of communication.

Permission is specifically indicated:

appear when summoned to court;

apply for medical care, including following to medical institutions;

send petitions and complaints to the bodies of preliminary investigation and court;

communicate with family members permanently residing with him;

communicate with a lawyer.

Note that in the procedural literature there are different opinions about what exactly the restrictions on house arrest may consist of.