Recently, such a measure of criminal and administrative punishment as house arrest has become increasingly popular in the legal systems of the countries of the world. Recently, Russia has begun to actively use this operating time. But the most widespread domestic restriction of movement as a punishment is in the United States, a country that is confidently leading in terms of the number of prisoners in prison. In the United States, house arrest can easily replace imprisonment on any criminal charge. In Western Europe and Russia, “home” punishment applies exclusively to certain types of offenses.
What is a house arrest?
In fact, a house arrest is a punishment that can replace standard imprisonment. The purpose of domestic punishment is to
limit the freedom of movement of the offender and the prohibition of partial satisfaction of his needs and requirements. As an added bonus, house arrest can also mean restricting communication with a person or group of people through telephone conversations, Internet correspondence, and other communication tools. Thus, domestic restriction of freedom implies the complete or partial isolation of the offender from society, which allows him to be morally affected, and as a result, he repents and will no longer violate the law.
House arrest as a preventive measure is established exclusively by the courts. At the same time, house arrest can also replace a recognizance not to leave, but on more simplified grounds.
Restrictions on Home Attackers
In the legal systems of different countries of the world, the restrictions that an offender is subjected to during house arrest differ depending on the gravity of the crime and on the court decision. In addition, in some countries there are special regimes for restricting freedom of movement, which also provide a certain framework for a person to eat, sleep, satisfy sexual needs and much more. Basically, such measures are applied in the countries of South-West Asia. House arrest as a punishment is actively used by all legal structures in the world. At present, all restrictions that are imposed on the offender when placed under house arrest are clearly attributed to Russian law. Among them:
- a ban on leaving an apartment or other housing at a clearly defined time (often from 20.00 to 6.00);
- a ban on moving beyond the borders of a settlement, administrative region, region (territory, republic);
- home prisoners are forbidden to attend recreational and other social events with a large number of people;
- It is forbidden to change the place of residence and stay without permission, without prior notice to the investigating authorities;
- in some cases, the offender does not have the right to visit public places (but not all) or objects located in the village;
- It is strictly forbidden to change the place of work and place of study without the written permission of the criminal inspection.
It is worth paying special attention to the fact that only the court can determine such punishment as house arrest. The decision should clearly explain the reasons for such a decision and all the subtleties and features of serving the sentence.
Additional measures for house arrest
In addition to the main restrictions associated with the lack of freedom of movement and movement, the criminal inspection also introduces additional control measures for offenders under house arrest.
1. The offender must appear every month (from 1 to 5 times depending on the court ruling) to the inspection and be noted there. If at least once the convicted person does not deign to appear, the court can supplement the restrictions and tighten the serving of the sentence, provided that the offender does not provide strong evidence of the validity of the registration pass (certificate from the hospital).
2. Several times a month (in some cases a week), the inspector is visited by a supervision inspector, who can also request a description from the place of work or study, interview neighbors for offenses, and more. If the behavior of the convicted person is satisfactory, then the court can soften the conditions of house arrest.
3. For exemplary conduct, a convicted person may be encouraged by early removal of a penalty, permission to visit relatives in another city on weekends and holidays, or to receive leave outside the home. The duration of a house arrest may also be reduced.
4. But for violation of the established regime, the convicted person may be subjected to additional sanctions by the inspection and the court, up to an extension of the term of serving the sentence.
What is considered a violation of the conditions of house arrest?
Our legislation establishes that under certain conditions a convicted person may be additionally punished if he does the following:
1. Will not appear for registration or registration with the criminal executive commission without a good reason.
2. Will not comply with court orders on restrictions of various nature.
3. Will not come to the criminal commission after written notice to testify.
4. Repeatedly commits a crime for which he is already punished. In this case, the court order on house arrest will lose force and the convicted person will serve his sentence in prison.
5. Violate public order.
6. Will not comply with a court order on compulsory enforcement work or will not comply with them properly.
Under what conditions will a prisoner be recognized as a malicious violator of the conditions of house arrest?
In some cases stipulated by criminal and procedural law, a convicted person may be considered a malicious violator of the compulsory conditions for serving home sentences.
1. If the offender arbitrarily changes his place of residence or permanent residence and does not notify the criminal commission within 1 month.
2. The offender did not appear in the commission at the place of residence in accordance with a court order several times in a row without good reason.
3. Repeated violation of the conditions of punishment within 1 year, even after the court applies an official warning regarding the convicted person about his failure to fulfill his obligations to the law.
4. The violator refuses to use technical means of supervision without notice and permission of the executive committee and the courts.
Economic activity: what needs to be done to receive a punishment in the form of house arrest?
In the commission of certain unlawful acts in the field of economic activity, the court may punish the offender with restriction of freedom. But at the same time, this preventive measure is practically not applied to violators of tax legislation. In this case, the perpetrator will pay a substantial fine and go to community service, but if the violation is multiple, then he will not be able to avoid restriction of movement.
Currently, in the economic sphere, freedom can be limited in the following cases:
- if the perpetrator conducts illegal entrepreneurial or commercial activities (Article 171 of the Criminal Code);
- a person is trying to legalize the monetary and other material benefits that he received illegally as a result of a violation of applicable law and by criminal means, including blackmail, threats, etc. (Article 174 of the Criminal Code);
- the acquisition or sale of property that was obtained by criminal methods (Article 175 of the Criminal Code);
- coercion of third parties to conclude a transaction or to refuse to conclude it on the original terms (Article 179 of the Criminal Code);
- counterfeiting of securities for the purpose of their further sale to third parties and smuggling activities (Articles 188, 188 of the Criminal Code);
- illegal sale and purchase of precious metals, stones, jewelry and antiques (Article 191 of the Criminal Code). This item is considered one of the most serious, in which case the court order on house arrest will instantly lose its validity;
- deception of state executive bodies about the bankruptcy of an enterprise, concealment of real income, information about property, including its location, value and quantity, etc. (Article 195 of the Criminal Code).
Historical aspects of the development of conditions of restriction of freedom in Russia
Despite the fact that as a punishment measure home restriction of freedom has been used not so long ago, such punishment has been provided for by the Russian legal system for many centuries.
So, in the Russian Empire, the assembly of laws “On penalties of corrective and criminal” provided for house arrest. It was short-term and did not exceed six months, applied exclusively to nobles, officer ranks and government officials of various stripes. The decision on the adoption was made by the body that considered the violation (disciplinary commission or criminal committee), he also determined the condition of such a legal phenomenon as house arrest. The punishment, by the way, was not very strict.
After the October Revolution of 1917, this punishment was excluded from the legal system of Russia. However, already in 1923, house arrest returned again. Moreover, in the Soviet era, house arrest was very popular. By the way, it is worth noting that not all republics of the USSR had a norm on forced restriction of freedom, and in some it was not applied at all. As history shows, most often this measure of restraint was used for residents of Russia, Ukraine, Belarus, the Baltic states and the Caucasus. Central Asia practically did not use house arrest.
House arrest was a popular punishment for Soviet citizens who violated the law until 1960. Then from the criminal procedure legislation this legal norm was excluded. At the same time, the court could apply house arrest only in cases where no one was injured, mainly gossips and slanderers sat in the USSR at home.
The modern development of procedural law in Russia and the introduction of house arrest
Since 1960, Russian society has forgotten about house arrest, and this lasted until 2010. Then the Law “On Amending Criminal and Procedural Legislation” No. 377 came into force, which was actively supported by the Ministry of Justice and the President of the Russian Federation. And already on January 10 of the same year, a Russian court for the first time in its independent history decided to recognize as a punishment for a criminal the restriction of his freedom and house arrest. In our country, control of home prisoners is carried out using special tracking devices made in the form of bracelets.
By the way, the Ministry of Justice suggests that the active introduction of this type of punishment will allow unloading prisons and colonies by almost 30%. Statistics show that every year about 150 thousand violators may be deprived of the possibility of free movement. This will significantly relieve places for serving sentences and, therefore, will save budget funds well.
Features of house arrest in Russia
In countries of Western Europe and the USA, virtually every criminal can be subjected to house arrest, regardless of the severity of the crime. In Russia, a similar measure is permissible only for violations of moderate severity (provided that there are no serious consequences). In our country, the restriction on the freedom of a citizen who has committed a violation can be no more than 2 years. And despite constant criticism from European countries, in Russia house arrest as a preventive measure is considered the most liberal in the world. We have not introduced absolute restrictions when a convict cannot even leave his apartment, as in the USA and France, or total restrictions on food and satisfaction of primary and physiological needs. But at the same time, violators of the conditions for serving the sentence are severely punished. In the USA, for example, a convicted person can violate his house arrest many times, and they will not be subjected to harsh sanctions, in Russia, the convicted person will be required to report on his actions (for example, participation in an unauthorized rally), and in the absence of valid the reasons for his house arrest (which is essentially virtual) can become quite real with a prison robe, a bandand and a “sky in a box”. By the way, the global practice of house arrest has shown that more than 80% of prisoners no longer violate the legal foundations of their states.
What categories of citizens in Russia do they use home restriction of freedom against?
Lawyers and human rights activists in Russia believe that home arrest will be the most effective punishment for minors. In fact, lawyers note that since 2010, almost every third juvenile delinquent in Russia is serving a sentence of house arrest. In addition to minors, the measure of punishment in the form of restriction of freedom applies to politicians and public figures who, in their own words or actions, encroach on the foundations of constitutional law and the Russian system.
Also, house arrest as a preventive measure is widely used in cases of defamation, financial embezzlement, fraudulent activity, robbery and theft (provided that the crime was not committed on a large scale). In fact, any punishment that does not exceed a 2-year period can be replaced by house arrest.
The advantages of home arrest over serving sentences in special institutions
In Russia, and in the rest of the world, house arrest has a number of significant advantages over serving a sentence in a prison or colony. In our country, the number of
correctional institutions is relatively small, so almost all prisons and colonies are overcrowded. This leads to the fact that 8 people are sitting in a 4-seater cell. Consequently, hygiene is disgusting, and prisoners are often ill. At the same time, the state allocates a certain amount of money to provide for the criminal, his food and clothing. Currently, the state spends about $ 300 per month on the maintenance and nutrition of the offender. Transferring some of the criminals who committed not serious crimes to domestic restriction of freedom allows the budget to save up to 4 billion rubles. In addition, each accused can pay a bail, and the house arrest for him will end, but on the condition that his guilt is small.
And for criminals, the advantages are obvious. Instead of sitting in a cell with a crowd of "twin" and strictly comply with all prison rules and duties, they will comfortably serve their sentences at home.
Foreign Experience of Restraint of Liberty: Israel
In Israel, house arrest as a preventive measure is used to solve family problems. In fact, all family brawlers will serve their sentences at home. Moreover, the decision to apply this legal norm is not made by the police, but by social workers, who in some cases are equal in rights with law enforcement officers. In parallel with serving the sentence, the offender must regularly meet with psychologists in order to suppress his aggression. By the way, with home restriction of freedom, the offender is significantly isolated from society. He is obliged to attend his work or educational institution, after which he is obliged to immediately return to his home. True, this includes shopping trips 2 times a week, visiting a doctor if necessary and a trip to relatives, in case of serious illness. And the period of house arrest for Israelis should not exceed 3 months.
Spain: house arrest on weekends and holidays
Spaniards are hot and emotional people. Therefore, they suffer mainly because of their intemperance. In the legislation of this country, the concept of house arrest is completely absent, but here the so-called temporary compulsory placement outside the prison operates. This punishment is provided for those violators who have committed a minor crime, which provides for imprisonment for up to 12 days. At the same time, the violator may demand from the court that he be allowed to serve his sentence on weekends and holidays. By the way, almost 95% of cases of such punishment are related to football fans. House arrest as a punishment here is used to suppress protest movements.
Historical Persons: Famous Home Prisoners
In Russia, the most famous people placed under house arrest include:- Andrei Sakharov, who was put under house arrest for 7 years for violating communism;
- Nikita Khrushchev, who spent his last years under house arrest;
- The royal family of the Romanovs, which in full force was under house arrest in 1917-1918.
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