Problems of assigning criminal punishment in the form of arrest

Arrest as a type of criminal punishment is included in the list of sanctions for committing a crime in the new edition of the Criminal Code.
In housing, civil and administrative law there is such a thing as arrest. What is arrest under the Criminal Code of the Russian Federation? In what cases is it “homemade”? Let's look at it in detail. When a person is detained for high-profile crimes, the media report that the potential criminal has been arrested, but at the same time he is placed in a pre-trial detention center (SIZO). In this case, a substitution of concepts occurs. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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Types of preventive measures

Arrest is a type of punishment, and when investigative actions are just beginning against a detainee, it is necessary to talk about the use of such a preventive measure as detention.

A detained alleged attacker who:

• may be extradited (transferred to another state for further investigation);
• will make attempts to escape;
• will try to put pressure on witnesses or interfere with the investigation in collecting evidence in the case;
• will not stop committing criminal acts once released.

House arrest, compared to detention in a pre-trial detention center, is a milder measure of restraint and is relatively new.

It is usually prescribed to those who are brought to criminal responsibility for the first time, but cannot be released due to the above circumstances and must be subject to full or partial restriction of freedom. The peculiarity of this measure is that the place of detention for a period of up to 2 months, instead of a cell, will be the suspect’s own home.

He will be partially or completely prohibited from:

• go outside without a supervised escort;
• send letters both by post and electronically;
• go online;
• communicate with certain people.

At the request of the defense, the court can soften the restrictions: in practice, persons against whom such a preventive measure has been chosen are allowed to walk in a certain territory.

Tracking is carried out using a special bracelet, the “presentation” of the capabilities of which for the suspect will be carried out by the supervisory authority. If the conditions are violated, the investigator will apply for detention.

The preventive measure in question is prescribed if it is impossible to use other lighter measures: bail, recognizance not to leave, personal guarantee.

The appointment of a preventive measure takes into account many circumstances: the nature of the criminal acts, health status, family status, the presence of dependents, and others.

Problems of execution of administrative arrest

The protocol (prosecutor's resolution) on an administrative offense, the commission of which entails administrative arrest, is submitted to the judge for consideration immediately after its preparation (issue) (Part 2 of Article 28.8 of the Code of Administrative Offenses of the Russian Federation).
Novoselova V.V. SPECIFICITY OF ADMINISTRATIVE ARREST IN THE GENERAL SYSTEM OF ADMINISTRATIVE PUNISHMENTS // Scientific community of students of the 21st century. SOCIAL SCIENCES: collection. Art. according to mat. LIII intl. stud. scientific-practical conf. No. 5(52).

Among the measures of administrative punishment, only administrative arrest is carried out under conditions of “typical” isolation, i.e., in the full scope of its elements. The remaining types of administrative penalties (Article 3.2 of the Code of Administrative Offenses of the Russian Federation) have only individual (single) features (clauses 3-5 of Article 3.

2 of the Code of Administrative Offenses of the Russian Federation) or are carried out without it at all (clauses I, 2, 8 of Article 3.2 of the Code of Administrative Offenses of the Russian Federation); Among the measures to ensure proceedings in cases of administrative offenses (Chapter 27 of the Code of Administrative Offenses of the Russian Federation), only administrative detention is carried out in conditions of “typical” isolation.

Delivery, drive, personal search “have” separate elements of isolation.

4.1. Procedure for executing a decision to impose an administrative fine

The scientific provisions formulated in the dissertation complement the theory of administrative law; on their basis, further scientific development of the problem under consideration is possible. Administrative arrest is established by the Code of Administrative Offenses of the Russian Federation and is defined as a measure of responsibility for committing an administrative offense.

Like other types of administrative penalties, the appointment of administrative arrest performs a preventive function, which is to restrain both the offender himself and any other person from committing new administrative offenses.

In particular, to prevent the offender from committing an offense, he is kept in conditions of strict and urgent isolation from society.

The science of labor law has many features. According to the definition from the theory of state and law, the method of the branch of labor law is a set of techniques, means and methods for managing social relations.

Judicial statistics showed that of the total number of administrative penalties imposed in the Saratov region, the share of administrative arrest was: in 2000 - 0.95%; in 2001 - 0.65%; in 2002 - 0.799%; in 2003 - 0.8%; in 2004 - 1.42%. These data suggest an increase in the number of arrests.

In 2004, 1,768,814 administrative cases were considered in the Saratov region; 25,099 persons were subjected to such punishment as administrative arrest.

“Problems of appointment and execution of decisions on administrative arrest”

The case of an administrative offense, the commission of which entails administrative arrest, is considered on the day of receipt of the protocol on the administrative offense and other materials of the case, and in relation to a person subjected to administrative detention - no later than 48 hours from the moment of his detention (Part 2 of Article 29.6 of the Code of Administrative Offenses RF). Askerov Mamed, graduate student. Place of study: Moscow State University of Economics, Statistics and Informatics, Tver branch. Position: assistant judge. Place of work: Central District Court of Tver.

Administrative arrest is the most severe administrative punishment based on an analysis of the legal nature of this type of administrative punishment. It is appointed only in exceptional cases for certain types of administrative offenses.

For example, such violations that border on crimes in their social danger, or when, due to the circumstances of the case and taking into account the personality of the offender, the use of other measures is considered by the law enforcement officer to be clearly insufficient to achieve the goals of administrative punishment.

The range of products on the market today is wider than ever, and the issue of the safety of manufactured products is highly relevant.

The problem of execution of administrative arrest

B. SPECIFICITY OF ADMINISTRATIVE ARREST IN THE GENERAL SYSTEM OF ADMINISTRATIVE PUNISHMENTS // Scientific community of students of the 21st century.

Thesis is often mistakenly mistaken for a graduation project at a higher educational institution. In fact, this is graduation work in any professional educational institution that prepares specialists for graduation. And these are colleges, and technical schools, and other non-universities, but not schools either. Final qualification work...

In case of malicious evasion from serving compulsory public works, the court may replace one day of arrest for three days of compulsory public works with administrative arrest.” Askerov Mamed, postgraduate student. Place of study: Moscow State University of Economics, Statistics and Informatics, Tver branch. Position: judge assistant. Place of employment: Central court of Tver city.

Administrative arrest is an administrative punishment from which administrative and preventive measures should be distinguished (restriction of the movement of vehicles and pedestrians, inspection, quarantine, compulsory medical examination, supervision of people released from prison; checking documents and luggage).

Their goal is to prevent crime.

The purpose of administrative measures is to force the cessation of unlawful acts that have already taken place and their consequences, or to ensure legal measures for the implementation of the administrative process: administrative detention; suspension, cessation of operation of environmentally harmful production (transport, processes, etc.).

Organization of blocking, as well as active participation in blocking transport communications (Article 20.18 of the Code of Administrative Offenses of the Russian Federation), period - up to fifteen days. The need to supplement Art. 31.5. The Code of Administrative Offenses of the Russian Federation contains a list of circumstances in connection with which the execution of a decision on the appointment of administrative arrest may be delayed.

SPECIFICITY OF ADMINISTRATIVE ARREST IN THE GENERAL SYSTEM OF ADMINISTRATIVE PUNISHMENTS

The new Code of Administrative Offenses of the Russian Federation has significantly strengthened the role of the court in applying administrative measures. The Code expanded the range of cases within the jurisdiction of judges. So, according to paragraph 1 of Art. 23.1 of the Code of Administrative Offenses of the Russian Federation, judges directly consider administrative cases provided for in 135 articles of the Special Part of the Code of Administrative Offenses of the Russian Federation.

In addition, judges consider cases in cases where the body or official who received the case of such an administrative offense transfers it to the judge for consideration (Clause 2 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation). Such options are provided for in 57 articles of the Special Part of the Code of Administrative Offenses of the Russian Federation.

The introduction of the institution of magistrates into judicial practice is intended to help improve the consideration of cases of administrative offenses.

Appearing on the streets, stadiums, squares, parks, in a public vehicle, or in other public places in a state of intoxication that offends human dignity and public morality (Article 20.21 of the Code of Administrative Offenses of the Russian Federation), up to fifteen days.

Currently, the need to scientifically develop a solution to the problem of assigning administrative arrest is due to fundamental changes in the Russian legal system. This is due, first of all, to the introduction into force of the Code of the Russian Federation on Administrative Offenses of December 30, 2001.

, which made a significant step in regulating administrative procedural relations in comparison with the previously existing Code of Administrative Offenses of the RSFSR, but, at the same time, set new tasks to eliminate unresolved procedural problems. LIII International Scientific and Practical Conference “Scientific Community of Students of the 21st Century.

SOCIAL SCIENCES" (Russia,

From the earnings of a person assigned to compulsory public works, deductions are made to the state income in the amount established by a court decision, ranging from five to twenty percent.

Administrative arrest as a punishment has a public legal nature and its presence in the sanction of the article has preventive significance.

Vasiliev Vladimir Nikolaevich. Administrative arrest as a measure of administrative punishment: Dis. ...cand. legal Sciences: 12.00.14: Saratov, 2005 213 p. It is proposed to supplement Art. 20.27. (Failure to comply with a lawful order of the person conducting the operation in the area of ​​a counter-terrorism operation) is subject to an alternative sanction, including the possibility of imposing administrative arrest.

Since administrative punishment is a measure of responsibility established by the state for committing an administrative offense and is used to prevent the commission of new offenses both by the offender himself and by other persons, we can conclude that administrative arrest has all the signs of administrative punishment.

Abstract: The author analyzed such administrative punishment as administrative arrest, studied the subject and object of administrative arrest and also the problem of execution of this administrative punishment.

In this regard, one should turn to the analysis of the basic legal norms contained in the Code of the Russian Federation on Administrative Offenses relating to the use of administrative arrest.

Order your thesis with full support until defense!

As the sole purpose of administrative punishment as a measure of responsibility established by the state for committing an administrative offense in accordance with the provisions of Part 1 of Art. 3.

1 of the Code of Administrative Offenses of the Russian Federation, the legislator identified a preventive goal: preventing the commission of new offenses both by the offender himself (private prevention) and by other persons (general prevention). Abstract: The article provides an analysis of administrative punishment in the form of administrative arrest.

The subject and object of administrative arrest, as well as the problem of execution of administrative punishment, have been studied.

Arrest is the only type of administrative punishment, the purpose of limiting which is such a personal good as freedom. Meanwhile, personal freedom is a significant value recognized, respected and protected by the state at the constitutional level (Article 2 and Part 1 of Article 22 of the Constitution of the Russian Federation).

The extreme severity of such a measure of administrative liability is also determined by the fact that it is applied equally (i.e., is associated with a restriction of freedom) to all violators, regardless of the age group (over the age of 18 years), physiological and other characteristics of the individual.

Before being placed in a cell, arrested persons are searched by police officers of the same sex as the arrested person in the presence of two witnesses. Items and belongings other than clothes, shoes, handkerchiefs, glasses, personal hygiene items and toiletries are confiscated from those arrested.

The seized property is described in detail in the protocol of the personal search and search of belongings.

Source: https://diparma.ru/transportnoe-pravo/11041-problemy-ispolneniya-administrativnogo-aresta.html

Administrative arrest

A.S. Dugenets, Candidate of Legal Sciences, Associate Professor (VNII MIA of Russia), Honored Lawyer of the Russian Federation.

1) consumption of narcotic drugs or psychotropic substances without a doctor’s prescription (Article 6.

9 Code of Administrative Offenses of Russia); 2) failure to comply with a lawful order of a judge to stop actions that violate the rules established in court (Part 1 of Article 17.

3); 5) failure by a person released from places of imprisonment to fulfill the obligations established in relation to him by the court in accordance with federal law (Art.

19.24); 6) petty hooliganism (Art.

Problems of implementing administrative arrest in relation to military personnel

The Decree of the President of the Russian Federation was adopted in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms and the requirements of Article 22 of the Constitution of the Russian Federation.

Thus, the norms of international law and the Constitution of the Russian Federation exclude the arrest of military personnel outside the judicial procedure and not by a court decision.

In other words, ensuring the security of the state requires the development and adoption of a law on the disciplinary arrest of military personnel.

This also includes disobedience of a serviceman held in a guardhouse to the legal requirements or orders of the head of the guardhouse (unit duty officer) or the chief of the guard, as well as other persons on guard duty at the guardhouse.

Disciplinary arrest should not be applied to sick military personnel who are recognized as such by a doctor’s conclusion, as well as to female military personnel and military personnel who have not taken the Military Oath.

Administrative arrest as a measure of administrative punishment Vasiliev Vladimir Nikolaevich

Dissertation - 480 rubles, delivery 10 minutes, around the clock, seven days a week and holidays Abstract - free, delivery 10 minutes, around the clock, seven days a week and holidays Vasiliev Vladimir Nikolaevich.

Administrative arrest as a measure of administrative punishment: Dis.

. Ph.D. legal

What is administrative arrest

Administrative arrest may be applied to traffic rule violators.

This type of punishment involves keeping offenders in specialized places.

Arrest is provided for:

1. failure to fulfill the obligation to pay a fine for another offense.
2. leaving the scene of a traffic accident;
3. driving in a situation where the driver is deprived of the right to drive this type of vehicle, or does not have and never had a license;
4. driving while intoxicated, as well as for refusing to be examined by a driver who does not have a license;

Please note that in all of the above cases, the maximum possible period provided for arrest for administrative offenses is 15 days.

The law limits the use of administrative arrest to certain categories of citizens.

Problems of applying administrative punishment in the form of administrative arrest (Bakin I

Date of publication of the article: 04/26/2016 The courts rely on the position of the Supreme Court of the Russian Federation, expressed in the Resolution of April 16, 2014.

20.25 Code of Administrative Offences. However, in accordance with clause 1, part 1, art. 27.2 of the Code of Administrative Offenses powers to bring persons to court from officials of internal affairs bodies (police), including in the event of an appeal to them by officials

General provisions on arrest in current legislation

In jurisprudence, such types as administrative and seizure of property are already known, the first is used for committing misdemeanors, the second is used to ensure the interests of a party in property civil disputes.

Arrest in criminal law was introduced as the main type of punishment; the rule on its introduction came into force in 2006. By the specified date it was planned to build arrest houses - special buildings with premises for convicts, but this did not happen. Therefore, now the courts do not use such coercive measures.

Convicts can be subjected to such punishment only in cases where this is provided for in the sanctions of specific articles of the Criminal Code. In the future, the sanction in question will be applied when creating conditions, namely preparing places of detention - arrest houses.

In the penitentiary system, this sanction is intended as a shock effect. Criminals who committed an act for the first time, which was not intentional in nature, may be subject to correction by accident and through negligence and in a shorter period of time. If they have not encountered the penal system before, such a short-term stay under conditions of total restrictions will produce the desired effect.

Difference from other sanctions:

• Strict isolation is established (even visits are limited);
• short-term stay (from 1 month to six months);
• a cost-effective solution (no need to maintain a prisoner for several years at budget expense).

The prisoner serves the entire assigned sentence in one place. Transfer is possible only for safety reasons or due to illness to a medical institution.

Procedural problems of using administrative detention in administrative law

Thus, when making a decision to detain a police officer, it is necessary to determine on what basis the person is being detained, and in accordance with this, apply the norm of criminal procedure, administrative, penal and other legislation providing for the use of this measure of state coercion.

2.2. Terms of administrative detention. Grounds and procedure for changing and canceling measures of administrative restraint in the form of administrative detention

A term is recognized as a certain period (interval) of time. In legal theory, a period is understood as one of the types of legal facts - an event, therefore the onset or expiration of a set period entails certain legal consequences.

Before the entry into force of Federal Law N 409-FZ, the procedure for calculating deadlines in administrative proceedings was not established, although in other procedural Codes (Civil Procedure Code, Code of Criminal Procedure and Arbitration Procedure Code) entire chapters were devoted to procedural deadlines. Now this feature of the Code of Administrative Offenses of the Russian Federation has been eliminated by introducing Art. 4.8. In accordance with this article, the periods provided for by the Code of Administrative Offenses of the Russian Federation are calculated in hours, days, days, months, years.

Each of these periods is used in administrative proceedings. For example, the period of administrative detention is calculated in hours (Article 27.5), and the punishment in the form of administrative suspension of activities is calculated in days (Article 3.

12), days – the period for sending a copy of the resolution in a case of an administrative offense (Article 29.11), months – the period for conducting an administrative investigation (Article 28.

7), years – the period during which a person is considered subject to administrative punishment (Article 4.6).

The period of administrative detention should not exceed three hours. But there are two exceptions to this rule.

The first is a person against whom proceedings are being conducted for an administrative offense encroaching on the established regime of the State Border of the Russian Federation and the procedure for staying on the territory of the Russian Federation, an administrative offense committed in internal sea waters, in the territorial sea, on the continental shelf, in the exclusive economic zone of the Russian Federation, or a violation of customs rules, if necessary to establish an identity or to clarify the circumstances of an administrative offense, may be subject to administrative detention for a period of no more than 48 hours. There are no questions about this exception - it is necessary. The second exception is a person against whom proceedings are being conducted for an administrative offense that entails administrative arrest as one of the administrative penalties.

So, administrative detention up to 48 hours is applied:

a) in exceptional cases;

b) for purposes strictly specified by law (the list is exhaustive);

c) only for those administrative offenses for which administrative arrest can be applied as punishment.

Part 3 Art. 27.5 of the Code of Administrative Offenses of the Russian Federation determines that a person against whom proceedings are being conducted for an administrative offense that entails administrative arrest as one of the administrative penalties may be subjected to administrative detention for a period of no more than 48 hours.

The Constitutional Court of the Russian Federation in Resolution No. 9-P21 of June 16, 2009 indicated that detention for a period of no more than 48 hours can be applied only if there are sufficient grounds to believe it is necessary to ensure proceedings in a specific case of an accident for committing who may be sentenced to administrative arrest.

In this case, the period of administrative detention of a person is calculated from the moment the offender is delivered for drawing up a protocol in accordance with Art. 27.2 of the Code of Administrative Offenses, and for a person in a state of intoxication - from the time of his sobering up (Part 4 of Article 27.5 of the Code of Administrative Offenses).

From the moment of detention, a person has a number of rights that characterize his special legal status. Most of these rights are constitutional and guaranteed to everyone. Part 5 Art.

14 of the Law once again indicates that a detained person has the right to use the services of a lawyer (defender) and an interpreter from the moment of detention (similar rights are enshrined in Part 2 of Article 26 of the Constitution of the Russian Federation, Part 2 of Art.

48 of the Constitution of the Russian Federation).

For the first time in Russian legislation in Part 7 of Art. 14 of the Law establishes the right of a detained person to have one telephone conversation. The goal is to provide the detained person with the opportunity to notify close relatives or close persons of his detention and location.

Close relatives in the context of this norm should include spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren; to close persons - others, with the exception of close relatives and relatives, persons related to the detainee, as well as persons whose life, health and well-being are dear to him due to existing personal relationships22.

It should be especially emphasized that the legislator provided for the right to just one telephone conversation, and not just one call. That is, in case of unsuccessful calls, a police officer will be obliged to provide the detained person with the opportunity to make another call until the connection is successful and the necessary information is provided23.

The implementation of this right must be granted to the detained person as soon as possible, but no later than three hours from the moment of detention.

In accordance with Art. 22 of the Federal Law “On the Prosecutor's Office of the Russian Federation”24, the prosecutor or his deputy, if it is established that the law has been violated by bodies and officials, by his resolution releases persons illegally subjected to administrative detention on the basis of decisions of non-judicial bodies.

When a detained person is released, the money, securities, valuables, personal belongings and documents confiscated from him are returned to him, which is recorded in the act of their seizure and certified by the signature of the person being released.

Cancellation and modification of administrative measures must occur in a timely manner. This means that it is necessary to immediately cancel and change preventive measures at the right time, determined by the circumstances of the case. This need is based on the requirement for speed and efficiency of the administrative process.

Speed ​​has to do not only with detecting wrongdoing and establishing the truth, but also with ensuring the correct application of the law.

Therefore, it acts as a fundamental condition for the construction and conduct of all procedural activities in cases of administrative offenses.

Its essence is the fastest possible implementation of administrative procedural activities while strictly observing all the principles and rules of the administrative process.

The requirement for timely cancellation and modification of administrative restraint measures also follows from the provisions of a number of regulatory legal acts. As a requirement based on legal norms and enforceable, timeliness is an integral element of the rule of law.

Procedural problems of using administrative detention in administrative law

The legislation on detention on suspicion of committing an offense and the practice of its application contain a long-term acute problem25.

The grounds for violation of personal rights during administrative detention were laid down by the legislator in a block of articles (27.3 – 27.5 of the Code of Administrative Offenses of Russia), in which he regulated the procedure for applying administrative detention. Articles 27.4 and 27.5 of the Code of Administrative Offenses of Russia in certain paragraphs need to be supplemented and clarified.

In our opinion, the phrase in the first paragraph of Art. is formulated unsuccessfully. 27.3 of the Code, which determines that administrative detention “...

may be applied in exceptional cases, if this is necessary to ensure the correct and timely consideration of a case of administrative offenses, the execution of a decision in a case of administrative offenses.”

It is enough to compare it with the grounds for detaining suspects in committing crimes, where everything is set out very clearly and clearly. The expression in “exceptional cases”, in our opinion, does not carry any semantic meaning.

After all, the expression “exceptional case” means “being an exception that does not apply to everyone” or “unprecedented, unusual”26, and yet every year approximately 1.5 - 2 million people in our country are subject to this administrative procedural measure27. And then, from the point of view of elementary logic, one should expect from the legislator at least some list of these exceptional cases.

Officials who use this measure to ensure proceedings in cases of administrative offenses have to make a decision about this at their own peril and risk. And at the same time, they do not have any opportunity to understand whether the administrative detention was carried out in an “exceptional case” or not.

As shown by familiarization with the practice of bringing to administrative responsibility in the Department of Internal Affairs of Moscow, the Moscow and Nizhny Novgorod regions, in many cases, officials of these Departments of Internal Affairs (mainly district police officers) carried out administrative detention without any particular need.

Naturally, this gives reason to doubt the legality of the application of this administrative procedural measure. An interactive survey of local police commissioners (304 people in total) showed that they remembered and understood about the use of administrative detention only that its duration should not exceed three hours.

All other nuances of the implementation of this administrative procedural measure for them, as well as for their leaders, remained unclear.

There are no answers to the following questions:

1) by what criteria and who should determine when administrative detention should be carried out “in exceptional cases” and when there are none;

2) if it is proven that an individual was subjected to temporary deprivation of liberty not “in an exceptional case,” will it be considered lawful to bring him to administrative responsibility?

Source: https://referat911.ru/Administrativnoe-pravo/processualnye-problemy-primeneniya-administrativnogo-zaderzhaniya/300662-2659042-place3.html

Execution of punishment

Premises (chambers) are divided according to the following criteria:

1. Sexually.
2. Early criminal prosecution.

After the court verdict is announced, the convicted person is placed in a detention center.

Conditions of detention largely correspond to stay in a general regime colony:

• constant escort;
• lack of parcels and packages (exception: essential items);
• meetings are permitted only with a lawyer;
• unpaid work of convicts is provided only for four hours a week to fulfill the household needs of the home;
• walks within an hour.

There is also some relaxation - once a month, for 400 rubles, a convicted person can buy food and basic necessities for himself; for exemplary behavior, he is allowed a telephone call to his relatives.

Peculiarities of serving sentences by military personnel

Art. 54 of the Criminal Code of the Russian Federation prescribes a special procedure for serving in guardhouses. Since there are no explanations in the norm of the article, this provision requires comment.

An arrested serviceman continues to serve after his release, so he is placed in specially organized or already existing garrison guardhouses. Therefore, isolation must be carried out at the place of service. This sanction also applies to conscripts and military contractors.

The principle of separate content applies:

• by gender;
• depending on rank (private soldiers separately from officers);
• based on service (conscription or contract).

The time served is not counted towards the service period, however, a contract employee cannot be dismissed from service during this period (only if for health reasons).

Problems with imposing criminal punishment in the form of arrest also exist among military personnel. Despite the fully created conditions, there is still no regulatory act on the territory of the entire Russian Federation according to which this norm of the Criminal Code will begin to work.

This type of punishment is imposed when:

• provided for by the sanction of the article;
• according to Art. 64 of the Criminal Code of the Russian Federation - a more lenient sentence was imposed;
• leniency was provided to the convicted person, about whom the jury spoke;
• there was evasion from assigned public works;
• A prisoner with exemplary behavior deserved to have his sentence in a colony replaced by a prison house.

The sanction does not apply to: minors, pregnant women and women whose children are under 14 years old, military personnel.

What is arrest

Such a punishment as arrest is regulated by Article 54 of the Criminal Code of the Russian Federation. According to this document, arrest consists of protecting the accused from society by placing him in special institutions with a particularly strict form of supervision.

In fact, arrest is very similar to imprisonment. Moreover, the conditions in which prisoners are kept are even more stringent than those used during imprisonment.

The purpose of the arrest is a kind of “shake-up” of the culprit, designed to sober him up and push him to realize what he has done. This measure is considered more effective in the sense that it puts really strong psychological pressure on the prisoner, but does not pit him against other individuals who have committed a crime and are also serving a sentence.

Such punishment may be imposed in the following cases:

1. If contained in the articles of the Special Part of the Code as a punishment.
2. If, in accordance with Article 64, a more lenient punishment is imposed.
3. If the jury returns a lenient agreement.
4. When replacing the unserved part of the sentence with a more lenient one.
5. In case of evasion of another type of punishment.

There are also categories of persons in respect of whom arrest is not ordered:

• citizens who have not reached the age of majority;
• pregnant women;
• female persons who have children under 14 years of age.

Arrest cannot be imposed on these persons due to the fact that it implies total isolation from society, which, in turn, can lead to serious mental disorders in the above persons and is considered inhumane.

For how long is the arrest imposed? According to the law, the main punishment is arrest for a period of one to six months. If it acts as a substitute for another punishment - up to one month.

It is worth mentioning that the arrest itself cannot be replaced by another type of punishment, since arrest is a type of punishment classified as the main types by the criminal code. Accordingly, obtaining a suspended sentence in this case is impossible.

In this case, the executors are law enforcement officers of the Ministry of Internal Affairs.

What happens if you escape?

For illegally leaving the place of serving a sentence, a convicted person:

• will receive 4 years of forced labor;
• or go to prison for the same period.
• if he escapes more than once, the maximum term will increase by 1 year for each;
• If, for his purpose, the prisoner inflicts life-threatening injuries on someone or threatens to cause violence, his punishment will be 8 years of forced labor or imprisonment.

Violations are punishable by placement in a punishment cell for a period of no more than 10 days. Escape is considered a crime against justice.