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Who can be sent under house arrest

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Who can be sent under house arrest


© Michael Buholzer/REUTERS

In the first three months of 2022 alone, house arrest was applied to 7,789 citizens, while in the whole of 2021, 7,697 people were under this measure of restraint. Such data is provided by the Federal Penitentiary Service on its website. The department clarified that house arrest as a measure of restraint began to be used since 2012. It is appointed for a period of up to two months and extended if it is impossible to complete the preliminary investigation. What is possible and what is not allowed under house arrest, dealt with the “Parliamentary newspaper”.

In the comfort zone

The court chooses house arrest as a measure of restraint on the same grounds as detention. At the same time, house arrest, unlike detention in a pre-trial detention center, is a much more humane measure.

As the lawyer told “Parliamentskaya Gazeta” Evgeny Gubin, specializing in criminal cases, house arrest can be ordered for any category of crimes, “even theoretically for murder.” It all depends on the petition of the investigator and the decision of the court.

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 imposed on those accused of economic crimes.

According to the Code of Criminal Procedure, house arrest cannot be applied to military personnel, foreign citizens and stateless persons, as well as to Russian citizens who do not have a permanent place of residence. And its term depends only on the duration of the investigation.

“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 the property, a residential building or other residential premises, ”our interlocutor explained.

Evgeny Gubin.
© press service of the State Duma

A prisoner under house arrest is given an electronic bracelet. It allows you to track its location using the GLONASS system. The movement is strictly controlled by a special inspection. For opening and removing an electronic bracelet, its owner faces a fine of two to four thousand rubles, or administrative arrest for up to fifteen days, or compulsory work for a period of 40 to 120 hours.

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 the store, pharmacy, and so on.

As for the offset of the time spent by the accused under house arrest in the term of imprisonment, there are relevant explanations of the Supreme Court for lower instances – they are published in the next review of judicial practice in June 2022. So, one day of imprisonment is equated to one day of house arrest if a person committed a crime before July 14, 2018. Now the “two for one” rule is in effect – two days of house arrest are equated to one day of serving a sentence in a colony.

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Home is a prison

House arrest implies complete isolation. Leaving your home with such a measure of restraint is prohibited even for walking, the lawyer specified. The accused may leave the apartment only to participate in court hearings, to participate in investigative actions, or to provide him with medical assistance. For example, if a person is sick and needs to be hospitalized.

“If, for medical reasons, a suspect was placed under house arrest in a hospital, then the hospital ward can also become a place of arrest for him. Access to unauthorized persons will be prohibited there, and the patient himself should also not leave the ward, ”the expert added.

There are many prohibitions for apartment prisoners. It’s easier to describe what he can do. A citizen who is under house arrest is prohibited from leaving the premises, using a mobile phone, social networks and instant messengers. It is also impossible to communicate with friends, relatives who do not live in the apartment of the arrested person.

“Everything else can be done only with the permission of the investigator and by decision of the court,” the expert emphasized.

Evgeny Gubin outlined the most common prohibitions during house arrest:

– it is forbidden to communicate with certain people (you can only contact lawyers and family members living in the same apartment with the accused);

– it is forbidden to use the telephone (the only exception is calling emergency services, police and ambulance);

– it is forbidden to use a car (for interrogations and other investigative actions, the suspect is taken out in a police car).

All these restrictions the court prescribes in its decision. Over time, you can come out with a petition for a partial lifting of restrictions if they are strictly observed.

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