Concept, content, terms and procedure for applying arrest

Bringing a criminal to criminal liability is a very serious undertaking, which is carried out with the goal of influencing the offender’s worldview and achieving his correction. This is why choosing the right punishment is extremely important.

In cases where the offender does not pose a great danger to society, but the punishment he committed is quite severe, the offender may be subject to a punishment such as arrest. What is arrest as a type of criminal punishment?

General information about arrest as a preventive measure

This type of punishment appeared in the code not so long ago. What is an 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 he has committed. This type of punishment is established by a court decision (not a sentence).

The purpose of arrest is to isolate the criminal from others and limit contact with the world. In Russia, this measure is most often chosen as a preventative measure, since the goal is to preserve a person’s future and provide him with the opportunity to improve.

After studying the question of what arrest is, it is necessary to consider cases of choosing such a punishment. This sanction applies in the following situations:

• if a crime committed by a citizen can be subject to a more lenient sanction under the relevant article of the Special Part of the Code of Administrative Offenses of the Russian Federation;
• if the offender has special life circumstances or there are conditions that require a reduced sentence under Article 64 of the Criminal Code of the Russian Federation;
• if the jury rendered a verdict of leniency towards the sentenced person (the second part of Article 65 of the Criminal Code of the Russian Federation);
• if the remaining part of the punishment is replaced by a milder form (Article 80 of the Criminal Code of the Russian Federation);
• if the arrest is used as a replacement for public works that were previously assigned to the convicted person.

If the convicted person has evaded 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 the question of what an arrest is, it is important to understand that this measure is the main type of criminal punishment, which cannot be replaced by a suspended sentence.

According to the provisions of the law, after the announcement of a court decision on the selection of a preventive measure in the form of arrest against a convicted person, the Ministry of Internal Affairs is responsible for executing the judge’s verdict.

Legal regulation of civil arrest in Russia

Russian criminal legislation does not contain any regulations regarding the use of the possibility of civil arrest or detention of persons who have committed a crime. The only rules applicable to the detention of persons are disclosed in the provisions of Art. 38 and 39 of the Criminal Code of the Russian Federation, which are devoted to issues of criminal liability for actions committed during the detention of criminals.

However, the explanatory resolution of the Plenum of the Armed Forces of the Russian Federation dated November 27, 2012 fully discloses the right of eyewitnesses of a crime, or persons affected by it, to detain the criminal before the arrival of the police.

At the same time, Articles 38 and 39 of the Criminal Code of the Russian Federation can act as fundamental for the release of a person from criminal liability for harm caused to a detainee. Current legislative standards allow harm during the process of civil arrest in the following situations:

• 
  When such harm was due to the need to make an arrest in order to prevent escape or continuation of the commission of criminal acts;

• When performing the necessary defense, which consists in protecting oneself from the criminal actions of others or protecting the legitimate interests and health of third parties from socially dangerous acts;
• In case of extreme necessity, in which the harm caused by possible criminal actions would be foreseeably greater than the harm caused to the person who committed such actions.

Please note:
Causing harm to a criminal during arrest may not always result in impunity. Thus, if there is an excess of the permissible limits of necessity or the stipulated principles of defense, in case of intentional harm to his health, not due to the need for detention or extreme circumstances, the detaining person will bear full responsibility in accordance with the current criminal legislation.

Classification of arrests

Depending on how the definition of what a judicial arrest is is considered, the types of its division are established. Taking into account the stage of judicial proceedings in a criminal case, the arrest is classified on the following grounds:

1. As a preventive measure. Used at the investigative stage. Used as a protective measure to prevent the criminal from evading investigation and punishment. It is carried out by completely isolating the convicted person from his accomplices in order to create obstacles to relapse.
2. As an option for punishment. Used during legal proceedings. Used as an alternative to full imprisonment. The accused will be able to remain in a specific place (for example, at home) without the possibility of contact with others.

To hold a person under investigation, the period of arrest should not exceed two months. It can be extended, if necessary, by dividing it into parts: staying in a pre-trial detention center and being under house arrest.

Types of arrest

The types of arrest are determined in accordance with the stage of judicial proceedings in a particular criminal case. So, an arrest can act as:

1. A method of restricting the freedom of a criminal in order to prevent his escape or concealment, as well as protecting his persons who are capable of providing any false information and documents.
2. Direct punishment, which involves placing the convicted person in a place isolated from society, depriving him of the opportunity to interact with people, and keeping him in particularly strict conditions.

According to the law, in the first case the perpetrator can be kept under arrest for two months, but in practice the arrest is often carried out throughout the entire investigation.
In this case, arrest can also be of two types:

1. Accommodation in a pre-trial detention center.
2. The prisoner is kept at home, but without the right to leave his place of residence and use any means of communication.

As for serving a sentence in the form of a ban, the following options are provided:

• imposition of partial restrictions on the convicted person, carried out at intervals from two months to four years. These restrictions depend on the nuances of a particular case and the severity of the act;
• placing the offender in a detention center for 24-hour detention.

Speaking about house arrest, it is worth mentioning that it is the mildest form of this punishment. In this case, the criminal must constantly remain in the place of residence in which security cameras are installed.

The prisoner's registration address does not have to coincide with the place of actual residence, but the culprit cannot leave it. The exception is when the prisoner lives alone, then he is allowed to visit stores, but at strictly established times and under supervision. House arrest is usually imposed for a period of up to 2 months.

In other cases, convicts are sent to specialized institutions - arrest houses.

Forms of arrest

Currently, two forms of arrest are used in the Russian Federation:

• home;
• being in a detention center.

To assign arrest as a punishment, the court assesses the severity of the act committed and determines the legality of the choice of sanction. To apply such a measure, the following circumstances are taken into account:

1. The severity of the crime.
2. Satisfactory physical condition of the convicted person, the presence of medical indications.
3. Presence of minor children.
4. Household and psychological characteristics.
5. Age of the offender.
6. Attitude to crime.
7. Number of previously committed criminal offenses.
8. Circumstances of the crime.

What is account arrest?

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, we can answer the question of what is seizure of property, since it is used in the same cases.

Seizure of an account is also used when these funds were used in criminal activity; they can help identify accomplices or prove the guilt of a suspect.

It is important to understand the difference between foreclosure and seizure. In the first case, such a measure is considered a penalty, in the second - not. A similar sanction can be applied to all the funds available to the convicted person, or part of them. The account is blocked until all circumstances are clarified.

Arrest (a person has been arrested), where to go: what to do, help from a lawyer in the regions of the Russian Federation

• Altai (republic) Gorno-Altaisk

Domestic Arrest

Almost everyone knows what house arrest is. Lawyers believe that this is the most lenient measure. When a person is placed under arrest, documents and other things are left for him to use. The application of a sanction of this type is allowed for no longer than two months.

To assign house arrest, the investigator checks two facts:

• having a permanent place of residence;
• the possibility of constant monitoring of the criminal.

Since in some cases house arrest is not issued in the citizen’s place of residence, the place of application of the measure is determined according to the following criteria:

1. Possession of personal items in the possession of the convicted person.
2. Other family members and minor children live with him on a permanent basis.
3. Proximity to a medical organization (if necessary).

Choice of freedom limiters

To fully disclose the question of what house arrest is as a preventive measure, it is necessary to consider the features of its purpose.

To apply the sanction of arrest, investigators must select restraints of freedom. To do this, the following aspects are considered:

• the circle of people who have the right to visit the convicted person or live with him is designated;
• acceptable means for correspondence and telephone conversations are determined;
• the possibility of working at home is established;
• restrictions on movement are indicated (for example, the ability to visit stores when living alone, staying at home around the clock, visiting a supervisory authority at a set time, etc.).

These aspects of being under house arrest are determined individually for each defendant depending on the previously discussed circumstances.

Staying in a detention center

Staying in a detention center 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 punishment in the form of arrest and isolation:

1. The convicted person does not have a permanent place of residence.
2. The characteristics and personality of the criminal indicate that the court has no reason to trust him.
3. While under house arrest early on, the convict violated the conditions and regime of his residence.

During the investigation, the criminal was hiding from law enforcement agencies.

While in a house of arrest, the offender has no 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;
• attack on the place of detention;
• serious illness of the arrested person, which requires treatment in a hospital setting;
• threat to the health, life, safety of the convicted person.

If the arrested person has a conflict with another prisoner or there are other valid reasons, he may be transferred to another house.

The rules for being under arrest establish the following restrictions:

1. You cannot communicate with friends, loved ones, and relatives.
2. It is prohibited to send and receive parcels and parcels.
3. You cannot buy food for an amount exceeding the minimum wage by more than twenty percent.
4. It is prohibited to exchange emails.
5. Telephone calls are only permitted in emergency circumstances.
6. The convicted person must work at least four hours a day without pay.
7. A walk in the fresh air is allowed within an hour.

Execution of punishment in the form of arrest

Which institution carries out the punishment of arrest? The specifics of imposing criminal punishment in the form of arrest fall exclusively within the competence of the courts. Execution of punishment is included in the terms of reference of employees of the Ministry of Internal Affairs of the Russian Federation.

When the verdict is announced, the convicted person is placed in a detention house. In general, the conditions of detention there are similar to the general regime of detention in a colony.

The following rules apply in arrest houses:

• Convicts are constantly escorted;
• They receive the right to a meeting only with a lawyer;
• It is prohibited to transfer parcels, with the exception of essential items or medicines, if the convicted person has health problems;
• The right to walk no more than an hour a day;
• Convicts work 4 hours a day, and their work is not paid;
• With 400 rubles a month, prisoners can buy food or basic necessities;
• If they behave well, convicts are given the right to make a telephone call.

For violating the detention regime, convicts can be punished with 10 days in a punishment cell or a reprimand.

Convicts are kept in locked general or solitary cells throughout their arrest. They do not have the right to receive general or vocational education for this period.

Peculiarities of execution of arrest in relation to military personnel

Military personnel are recognized as a special category of citizens, to whom special rules of punishment and detention are applied.

When a serviceman is placed under arrest in a criminal case, he is placed in a guardhouse. Other military personnel are also serving their sentences there.

In guardhouses there are special rules for separating prisoners, such as:

• Those convicted in criminal cases are held separately from those arrested for other reasons;
• Contract soldiers are kept separately from conscripted military personnel;
• Officers are kept separately from other categories of military personnel;
• Sergeants, petty officers, warrant officers and midshipmen are kept separately from the rank and file.

The time spent serving the arrest is not counted towards the total period of their military service for the purpose of assigning the next rank.

In addition, during this period the following restrictions are imposed on the military personnel:

• He cannot be assigned to another rank;
• He cannot obtain a higher position;
• He cannot be transferred to a new duty station;
• He can't be fired.

A convicted serviceman who is under arrest can be dismissed only on the grounds of unfitness for health reasons.

Terms of arrest

After considering the question of what administrative and criminal types of arrest are, it should be established what the deadlines for applying isolating type sanctions are.

There are two categories of punishment periods:

• house arrest – from two to four months;
• stay in a house of arrest – from one month to six months.

If the penalty is established for committing serious crimes, the minimum penalty is four months and the maximum is two years. If during the period of arrest the convicted person performed public work, the sentence is reduced to a month.

Guardhouses

A separate place for serving a sentence of arrest is provided for persons undergoing military service, namely a guardhouse (military, garrison, ship).
It is an isolated room divided into chambers. Those arrested are kept separately by gender, as well as by rank. They are subject to the same regime as persons in arrest houses. The term of serving the sentence does not count towards the total period of service.

In Russia, all conditions have now been created for the application of Art. 54 of the Criminal Code of the Russian Federation in relation to military personnel. There are more than a dozen operating guardhouses of different types. But at the moment they are used only to implement punishment for committing serious disciplinary offenses.

Arrest of persons under eighteen years of age

There are two features that distinguish the regime of serving sentences for adults and persons over the age of sixteen:

• a daily walk should last an hour and a half or more;
• Close 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 one of the types of isolation considered.

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.