For almost every criminal offense, current legislation provides for several alternative types of punishment.
A wide range of sanctions has been created to ensure that in each specific criminal incident responsibility is assigned on the basis of aggravating or mitigating circumstances, the motives for the committed act, and the defendant’s lifestyle.
Among the 12 legally established types of punishment, arrest deserves special attention. Arrest as a type of criminal punishment involves isolating the offender from society, but under more lenient conditions of detention and for a shorter period than with imprisonment.
Let's consider how arrest differs from other types of punishment in criminal law, and what are the legal features of its purpose.
What is a criminal arrest?
Arrest is widely used as a measure of responsibility when committing administrative offenses. Among administrative punishments, arrest is considered the most severe. But in criminal law everything is different.
Arrest as a type of criminal punishment is regulated by Art. 54 of the Criminal Code of the Russian Federation.
According to Art. 54 of the Criminal Code of the Russian Federation, arrest means keeping a convicted person in strict isolation from society. Arrest as a form of punishment appeared in the 19th century. In Soviet times, it was no longer classified as a separate category of punishment. Once again, the arrest owes its appearance to the 1996 Criminal Code of the Russian Federation.
When an arrest is ordered, convicts are separated from each other by gender and criminal record.
The arrest is intended to create isolated conditions for the convicted person for a short period of time, as a result of which he must rethink his behavior and realize his guilt. At the same time, he is not subject to the negative influence of convicts held in colonies or prisons.
Arrest can replace some types of criminal punishment. But, for example, a suspended sentence cannot be converted into the arrest of a convicted person.
Arrest can replace correctional or compulsory labor only when the remaining period of their serving does not exceed 1 month.
Arrest for criminal offenses is imposed for a period of 1 month to six months as the main type of punishment.
In what cases can an arrest be ordered?
Arrest is used as a preventive measure against a criminal. It is usually not applied to repeat offenders.
The court may order the convicted person to be arrested in the following situations:
- When the Special Part of the Criminal Code of the Russian Federation allows you to assign a more lenient punishment;
- Based on difficult or special life circumstances or conditions under Art. 64 of the Criminal Code of the Russian Federation;
- Replacing the remaining part of the punishment with a more lenient criminal impact on the basis of Art. 80 of the Criminal Code of the Russian Federation;
- As a replacement for public works, the execution of which the convicted person maliciously avoided under Art. 49, 50 of the Criminal Code of the Russian Federation;
- When the jury renders a verdict on showing leniency towards the criminal under Art. 65 of the Criminal Code of the Russian Federation.
Arrest cannot be used in criminal cases as an additional form of punishment.
The following categories of citizens found guilty in a criminal case cannot be arrested:
- Pregnant women;
- Women with dependent young children;
- Women and men of retirement age;
- Foreigners.
Consequences of house arrest violations
Compliance with the rules of house arrest is constantly monitored by employees of a special institution - the Criminal Executive Inspectorate (CII). It is important to know how to communicate with this service correctly.
Trying to remove a bracelet often results in a fine or up to 15 days in prison. The fine for damaging a government item can reach 100 thousand rubles, and in some cases more.
The loyal measure of suppression of a house arrest may turn into a more severe option. Just one violation of the restrictions and prohibitions established by the court is enough - and the person faces a completely different, more severe form of arrest - detention in a pre-trial detention center cell.
