Some of the crimes recorded in the Criminal Code of the Russian Federation do not provide for the application of sanctions in the form of imprisonment. Often the offense is not qualified as grave or especially grave for the health and safety of citizens, it is committed by accident or for the first time. In such situations, a milder sentence is applied to the convicted person - arrest. Consider what an arrest is and in what cases it is applied.
General information about arrest as a measure of restraint
This type of punishment appeared in the code not so long ago. What is arrest and what are its types, is enshrined in article 54 of the Criminal Code.
According to the provisions of the law, arrest is a sanction measure applied to a citizen for a criminal offense committed by him. This type of punishment is established by a court decision (not a sentence).
The purpose of the arrest is to isolate the offender from those around him, and to limit contacts with the world. In Russia, most often this measure is chosen as a preventive measure, as it aims to preserve a person’s future and provide him with the opportunity to improve.
After studying the issue of what is arrest, it is necessary to consider cases of choosing such a measure of punishment. This sanction applies in the following situations:
- if for a crime committed by a citizen a milder sanction can be applied under the relevant article of the Special Part of the Administrative Offenses Code of the Russian Federation;
- if the offender has special life circumstances or there are conditions requiring a mitigation of the sentence under Article 64 of the Criminal Code of the Russian Federation;
- if the jury rendered a verdict of condescension to the sentenced (the second part of the 65th article of the Criminal Code of the Russian Federation);
- if the rest of the sentence is commuted to a milder form (Article 80 of the Criminal Code of the Russian Federation);
- if the arrest is used as a substitute for works of a public nature that were previously assigned to the convict.
If the convicted person evaded the execution of the sentence, the measure is tightened from work to arrest (Articles 49-50 of the Criminal Code of the Russian Federation).
When considering what the arrest is, it is important to understand that this measure is the main type of punishment of a criminal nature, which cannot be replaced by a suspended sentence.
According to the provisions of the law, after the court ruling on the election of a measure of restraint in respect of the convicted person in the form of arrest, the Ministry of the Interior is responsible for executing the verdict of the judge.
Classification of Arrests
Depending on how the definition of what a judicial arrest is considered, the types of division are established. Given the stage of the criminal proceedings in the criminal case, the arrest is classified on the following grounds:
- As a preventive measure. It is applied at the investigation stage. It is used as a protective measure so that the offender could not evade the investigation and punishment. It is carried out by completely isolating the convict from accomplices in order to create obstacles to relapse.
- As an option of punishment. It is applied during the trial. Used as an alternative to full imprisonment. The accused will be able to be in a specific place (for example, at home) without the possibility of contacting others.
For the maintenance of a person under investigation, the period of arrest should not be more than two months. If necessary, it can be extended by dividing into parts: stay in a pre-trial detention center and being under house arrest.
Forms of Arrest
Currently, two forms of arrest are used in the Russian Federation:
- home;
- stay in a house of arrest.
In order to appoint an arrest as a punishment measure, the court assesses the gravity of the committed act and determines the lawfulness of the choice of sanction. To apply such a measure, the following circumstances are taken into account:
- The severity of the crime.
- Satisfactory physical condition of the convict, the presence of medical indications.
- The presence of children of minor age.
- Household and psychological characteristics.
- The age of the offender.
- Attitude to crime.
- The number of previously committed criminal offenses.
- Circumstances of the crime.
What is an account seizure?
Such penalties are applied to the property of the offender to limit the possibility of using these funds to commit new offenses or move without the permission of the authorities.
In the same way, one can answer the question of what is the arrest of property, since it is applied in the same cases.
Also, account seizure is applied when this money was used in criminal activity, can help identify the accomplices or prove the guilt of the suspect.
It is important to understand the difference between a penalty or an arrest. In the first case, such a measure is considered a penalty, in the second - no. A similar sanction can be applied to all means available to the convict, or part thereof. The account is locked until all circumstances are clarified.
Home type arrest
Almost everyone knows what a house arrest is. Lawyers believe that this is the most lenient measure. When a person is arrested, documents and other things are left for him to use. The application of this type of sanction is allowed no longer than two months.
To order a house arrest, the investigator checks two facts:
- presence of a permanent place of residence;
- the possibility of constant monitoring of the offender.
Since in some cases house arrest is not issued at the place of residence of the citizen, the place of application of the measure is established according to the following criteria:
- The presence of personal things in the convict.
- Living with him on an ongoing basis other family members, children of minor age.
- The proximity of the medical organization (if necessary).
The choice of restrictors of freedom
To fully disclose the issue of what house arrest is as a preventive measure, it is necessary to consider the features of its purpose.
In order to apply the sanction in the form of arrest, investigators must choose restrictors of freedom. The following aspects are considered for this:
- the circle of people who have the right to visit the convict or to live with him is indicated;
- permissible means for correspondence and telephone negotiations are determined;
- the ability to work at home is being established;
- restrictions on movement are indicated (for example, the ability to visit stores for single occupancy, staying at home around the clock, visiting the supervisor at the appointed time, etc.).
These aspects of being under house arrest are determined individually for each defendant, depending on the circumstances previously considered.
Being in a house of arrest
Staying in a house of arrest is the second most severe punishment. The essence of this sanction is the isolation of the offender from society. Most often, this measure is applied to repeat offenders.
Four reasons have been established for choosing a punishment in the form of an arrest with isolation:
- The convict does not have a permanent place of residence.
- The characteristics and personality of the offender indicate that the court has no reason to trust him.
- When he was detained at home early, the convicted person violated the conditions and regime of residence.
During the investigation, the offender was hiding from law enforcement.
When in the detention house, the offender does not have the right to leave the designated premises, except in emergency situations. You can leave the place of detention in the following situations:
- fire, natural disasters;
- force majeure circumstances;
- attack on the place of detention;
- severe illness of the arrested, which requires treatment in a hospital;
- threat to the health, life, safety of the convict.
If the arrested person has a conflict with another prisoner or has other valid reasons, he may be transferred to another house.
The rules for being under arrest establish the following restrictions:
- You can not communicate with friends, relatives, relatives.
- It is forbidden to send and receive parcels and parcels.
- You can’t buy products in excess of the minimum wage by more than twenty percent.
- It is forbidden to exchange emails.
- You can call by telephone only in emergency situations.
- The convicted person must work at least four hours a day at no cost.
- Walking in the fresh air is allowed within an hour.
Terms of arrest
After considering the question of what is an administrative and criminal arrest, it should be established what are the time limits for applying sanctions of an insulating type.
Two categories of periods of punishment are distinguished:
- home type arrest - from two to four months;
- stay in a house of arrest - from one month to six months.
If a punishment is imposed for serious crimes, the minimum sentence is four months and the maximum is two years. If during the period of arrest the convicted person performed community type work, the sentence is reduced to a month.
Cases of the prohibition of the application of the penalty of arrest
The legislation establishes the categories of persons in respect of which it is impossible to apply the sanction in the form of arrest. This group includes:
- Women during pregnancy.
- Children under sixteen.
- Women who raise children under eight years old.
If a minor child over the age of sixteen, sanctions may be applied to him in the form of isolation from one to four months.
Arrest of persons under eighteen years of age
There are two features that distinguish the regime of serving sentences in adults and persons who have reached the age of sixteen:
- daily walk should last one and a half hours or more;
- immediate relatives have the right to visit the arrested person.
If a minor who has reached the age of fourteen has committed a serious crime of a special category, he may be sentenced to isolation by one of the considered types.
Arrest is a measure of restraint or punishment that is applied to a convicted citizen in order to isolate the offender from society and limit the ability to commit new offenses.