Who can be sent under house arrest and what is it?
House arrest — this is a measure of restraint, which is chosen by the court in relation to a suspect or accused of committing a crime. Despite its name, the measure is considered one of the strictest after being taken into custody.
Only in the first three months of 2022 in Russia, according to the data of the Federal Penitentiary Service, house arrest was applied in against 7 789 citizens, while for the whole of 2021, 7697 people were under this measure of restraint.
What can house arrest be for?
House arrest can be imposed for any category of crimes, “even theoretically for” murder. It all depends on the petition of the investigator and the decision of the court. About this "Parliamentary Newspaper" said lawyer Evgeny Gubin, specializing in criminal cases.
He noted that now such a measure of restraint is actively used by the courts even for grave and especially grave crimes. Such, for example, include receiving a bribe on an especially large scale. The main thing is that the person under investigation should not be “socially dangerous”. Most often, house arrest is assigned to those accused of economic crimes.
Who can't apply house arrest?
According to the Code of Criminal Procedure, home arrest cannot apply to military personnel, foreign citizens and stateless persons, and to Russian citizens who do not have a permanent place of residence.
How is house arrest carried out?
< p>According to Yevgeny Gubin, a person under house arrest is under round-the-clock surveillance. He is given an electronic bracelet (usually on the detainee's leg or arm). It allows you to track its location with the help of the GLONASS system. For opening and removing an electronic bracelet, its owner faces a fine of two to four thousand rubles, or administrative arrest for up to 15 days, or compulsory work for a 40 to 120 hours.
“House arrest is served at the place of residence or at the place of temporary residence of the accused. This may be a rented apartment, an apartment in & nbsp; ownership, a residential building or other residential premises, — our interlocutor explained.
A person is forbidden to leave the house without the permission of the investigator. He is isolated from society and cannot communicate with anyone except lawyers and investigators. It is also impossible to talk with friends, relatives who do not live in the detainee's apartment.
In addition, it is forbidden to leave the premises, use a mobile phone, social networks and instant messengers. You can leave the apartment only to participate in court hearings, investigative actions, or to go to the hospital. Trips are carried out under police escort.
“If, for medical reasons, a suspect was placed from house arrest to a hospital, then the hospital ward may also become a place of arrest for him. Access to unauthorized persons will be prohibited there, and the patient himself must also not leave the ward, — the expert added.
The lawyer emphasized that house arrest will never be assigned to those living alone. Such people do not have a person nearby who could provide for them: go to shop, pharmacy and etc.
With the passage of time, you can come out with a petition for partial lifting of restrictions if their exact observance, said Evgeny Gubin.
How long does house arrest last?
House arrest is elected by the court on the basis of the petition of the investigator (inquirer) for a period of up to two months. At the same time, the period of house arrest can be extended, for example, if it is impossible to complete the preliminary investigation within the specified period.
clarifications of the Supreme Court for lower instances). So, one day of imprisonment is equated to one day of house arrest if a person committed a crime before July 14, 2018. Now, according to Gubin, there is a new rule “two for” one — that is two days of house arrest are equal to one day of serving a sentence in colony.
Sources of information:
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