The whole truth about house arrest.

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The whole truth about house arrest.

House arrest is a preventive measure, a significant restriction on the freedom of a suspect or accused. But you must admit, it is better to sit at home than in a cell.

Previously, house arrest was rarely ordered, but today it is quite common.

What's the point
The suspect or the accused is prohibited from communicating and correspondence with other people. A person is at home 24 hours a day, where he lives. Therefore, a home is needed, in the truest sense of the word. If the suspect is registered at a specific address and lives there - this is ideal. However, today this phenomenon is quite rare. Defendants are usually registered in other cities, or are generally not registered anywhere. And the courts turn a blind eye to this, if there is still a specific apartment, even if it is rented, but you can establish constant control in it, the property of the accused and his family are in the room. But the family must agree to the house arrest of one of the members in person, in court.

The term of a house arrest is always set by the court, as a rule, this is 2 months, but during the investigation the term can be extended many times.

At a minimum, you cannot leave your home without the knowledge and permission of the investigator. You must always be at the address indicated in the court decision. Certain conditions and restrictions may apply. For example, a court may allow a certain period of time to visit some places, to leave the premises without supervision. However, the procedural rights of the suspect are not limited (rights to participate in court hearings).

In some cases, the accused is assigned a house arrest without isolation from society, and he can go to work or study.

Problems
Of course, with a constant presence in the four walls, problems can arise, especially if a person lives alone. The main ones are: staying in the fresh air and providing food. Well, if the apartment has at least a balcony. If he is not there, the accused will be organized hourly walks under supervision. At this time, you can look into the shops and buy everything you need. It is also allowed to order products and essentials by phone or the Internet, but the list of companies that will do this must be agreed with the investigator. Payment, of course, at the expense of the accused.

In most cases, house arrest is incompatible with work, the accused is not paid a salary, and his passport is seized by the preliminary investigation body.

A person who is under house arrest is prohibited from:

Communicate with certain people whose data are indicated in the decision on the choice of preventive measure. These persons are prohibited from visiting the accused during the entire period of house arrest.

Receive and send correspondence, including by e-mail or fax. Negotiate using any means of communication. The landline telephone in the apartment or house is usually disconnected, although if the accused lives with his family, they may leave the phone.

Absolutely forbidden:

Communication with participants in the proceedings: other suspects, witnesses, victims, witnesses, experts or even representatives of the victims.

Persons related to victims or participants in the process: parents, friends, relatives, work colleagues, etc. are not allowed to visit and communicate. All these people are listed in the court decision by name. Means of communication that cannot be used by the defendant are also determined.

What is possible and what is not
In theory, at home, the suspect has the right to do anything, however, without going beyond the prohibitions of the court and applicable law. A specific list of prohibitions and permits will be issued by the court.

Can:

-See for medical help;
-To file complaints or petitions to the authorities of the court and investigation;
-Talk with family members who live in the house;
-Talk with a lawyer
It is at least.

House arrest is a preventive measure that should ensure the privacy right of the accused. His home remains untouched. This is especially important if the suspect does not live alone.

Courts most often indicate the following prohibitions:

-Communication with unauthorized persons;
- Leaving the place of residence without the knowledge of the regulatory body;
-Receiving and sending correspondence;
-Communication with people participating in legal proceedings;
- Negotiating using any means of communication;

When restricting the suspect or accused of using the Internet, the court should indicate cases in which it is allowed to access the network (for example, to exchange information between a person and an educational institution - if the suspect is a student of this institution).

The listed items of prohibitions and restrictions are exhaustive; the court is not entitled to subject the suspect or the accused to other prohibitions and (or) restrictions.

The court decision on house arrest applies only to the suspect and does not impose restrictions on persons living with him or other people (relatives, work colleagues, friends) with whom it is not forbidden to communicate.

But it is necessary to carefully study the court decision, since in case of violations, the preventive measure can be changed to a more strict one.


Grounds for Home Arrest
There are special and general reasons

Common include:

- Initiation of a criminal case on a charge in which the suspect is subject to a measure of restraint
-The presence of suspicion against a particular person, confirmed by the materials of the criminal case
- Charging a person with a crime

Special grounds:

Assumptions that the accused or suspect may either leave Russia or continue to engage in illegal activities interfere with the investigation of the case. For example, if the investigation and the court have reason to believe that the accused can threaten the witness, destroy evidence, this is the basis for a house arrest.

Special circumstances
When choosing a preventive measure, the judge also takes into account special circumstances, they are listed in Art. 99 Code of Criminal Procedure. These include:

• The severity of the felony and their number. It is logical that the accused of murder will not choose such a lenient measure of restraint.
• The identity of the defendant, previous convictions, character traits (imbalance, aggressiveness)
• Age. Persons under 18 years of age require leniency. The same applies to women after 55 years, men after 60 years. Particular attention is required when choosing a preventive measure for a minor.
• Health status. If the accused has a disability, chronic diseases requiring medical attention, the investigator should consider the choice of a preventive measure that is not related to detention. Mental illness, drug addiction and alcoholism are not an obstacle to house arrest.
• Family status. Be sure to take into account whether the accused has a family, minor children, whether he is the sole breadwinner. If a pregnant woman acts as a suspect, a house arrest is prescribed in most cases. The same applies to women who have minor children.
• Repentance of the suspect has weight when choosing a preventive measure. If the crime was not too serious, and the suspect repented, the investigator can meet him and choose a strict preventive measure - house arrest. However, the refusal to testify can be considered as a circumstance indicating the need to choose a more severe measure.

Home Arrest Options
More often than not, if the investigator requests the detention of a suspect or the extension of his detention, and the judge refuses him, the court will elect a house arrest. The judge must be guided by the grounds and circumstances provided for in articles 97 and 99 of the Code of Criminal Procedure. Such a punishment may be chosen on the initiative of the investigator conducting the criminal case.

The drawn up decision shall indicate the person in relation to whom the punishment is selected, the crime in which the defendant is suspected, the grounds and circumstances taken into account when choosing the punishment. It should also indicate the place of residence of the accused and the lack of the possibility of choosing a milder measure of restraint, for example, recognizance not to leave. The same decree defines the restrictions on freedom of action for the defendant: communication with other people, movement on the streets, use of communications, etc. The document is accompanied by materials substantiating the requirements of the petition: copies of protocols of interrogation of witnesses, the accused, other case materials proving the suspect's involvement in the crime.

Household Control

• An electronic bracelet is worn on the suspect’s leg.
• A criminal investigator technical officer monitors the movement of a person who has been subjected to house arrest.
• Someone complains about the inconvenience caused by the bracelet, someone does not notice them. Perhaps this depends on the type of device.
• At least twice a week, the inspection carries out inspections of a person under house arrest at any time of the day (excluding night).
• Such verification can be carried out by telephone, in the absence of an injunction on telephone calls.
• At least twice a month, the inspector visits the place of work and (or) study, if the suspect is not forbidden to study and work.
• Keeps records of a person’s use of communications equipment, including telephone and Internet.
• In case of violations, notifies the investigator, and he can apply to the court with a petition for detention.

In any case, house arrest is one of the mildest punishments possible with a criminal offense.

Source @criminalsun