What is house arrest: conditions, restrictions, consequences of violation

With such a restriction of freedom, a person is isolated from society in rented or owned housing. This measure can last from 2 to 18 months - investigators and other authorized persons must have time to consider the criminal case of the accused, and the court must make a final decision.

Such arrest takes effect on the basis of a court order. It applies only to the suspect or accused and does not carry any restrictions for other persons (relatives, work colleagues, etc.).

What is house arrest

Like any coercive measure, house arrest involves certain restrictions, the establishment of which is possible only if there are grounds. When placing a person under house arrest, the general conditions characteristic of any preventive measure must be met (bail, recognizance not to leave, detention). The investigator or inquiry officer must have reasonable grounds to believe that:

the suspect (accused) can escape . For example, when a criminal has been wanted for a long time, has evaded appearing when called upon by the police, or when there is evidence of an intention to leave in an unknown direction (for example, the investigative authorities have information about purchasing a ticket to another region), etc.;
the accused will continue to engage in criminal activity . For example, such a conclusion can be made if there is information about the person’s previous convictions;
will threaten the victim or witness, induce other participants in the investigation, take measures to destroy written or other evidence . For example, when there is a statement from the victim about threats received against him;
will try to influence the course of the investigation (for example, will use his business, official connections, etc.). For example, such concerns may arise in cases of malfeasance (negligence, abuse of power, bribery, etc.).

If the following conditions are met, the accused may be subject to house arrest, which always implies compliance with specific restrictions:

do not go beyond the boundaries of the apartment, house or plot on which the home is located;
do not communicate with participants in the investigation (witnesses, other accused, victims, etc., except for the lawyer);
do not communicate with other persons except close relatives and family members;
do not conduct correspondence in any way: via mail, email, Internet messages, SMS and messages in instant messengers.

Unlike detention, a person is not isolated from family members in a separate closed room (SIZO).
Therefore, the accused is always allowed to communicate with close relatives (with the exception of crimes in which the relative is the victim). At the same time, a person under house arrest cannot be prohibited from participating in investigative actions, making oral and written requests of a procedural nature, etc. These manifestations of the fundamental rights to self-defense are strictly protected by the Constitution of the Russian Federation and under no circumstances can they be infringed, as well as the opportunity to seek help by calling emergency numbers (ambulance, Ministry of Emergency Situations, police, fire department).

Since a person’s freedom of movement and communication is actually limited, only a court can choose a preventive measure in the form of house arrest.

Arrest houses

After the punishment is imposed, the convicted person is placed in a detention center by law enforcement officers.
It should be a building with isolated rooms where conditions have been created for separate detention of persons of different sexes, as well as those who already have a criminal record. Throughout the entire period of isolation, the convicted person remains in the same house. It can be replaced only if there is a threat to a person’s life, or due to illness.

The conditions of detention for those arrested are the same as for persons placed in general regime colonies. At the same time, some scientists note that even with a short period of isolation, the regime in houses is more severe than in colonies:

Convicts do not have the right to see their loved ones; meetings can only be organized with a lawyer;
You cannot receive parcels and parcels that do not contain essential items;
the maximum duration of walks is only 60 minutes per day;
you can buy food, but the amount given for these purposes is 400 rubles per month;
Any movements can only be made under escort.

And even telephone calls are only allowed in exceptional circumstances.

For information! It is believed that such a strict regime is associated with the intention to influence the person as effectively as possible for the purpose of correction. The isolation in the houses is severe; there is no opportunity to work, which gives the arrested person the opportunity to think about his illegal behavior.

Election procedure

As a general rule, a petition for house arrest for an accused or suspect is submitted by the investigative or inquiry body. The petition shall indicate the grounds on which the investigator came to the conclusion that it was necessary to apply this particular preventive measure, indicating:

place of stay (residence) of the accused - the address where he will be kept for the duration of house arrest. This location does not have to be the defendant's property. The Supreme Court of the Russian Federation clarified that the place of residence during the period of a preventive measure can be either rented housing or the apartment of relatives (subject to their written consent). In some cases, if medical indications for hospitalization are reliably established, a medical institution may serve as the place of stay for the period of house arrest.
restrictions that, in the opinion of the investigation, must be imposed on person a (each of them must be motivated). The investigator has the right to make a request to apply only one or all restrictions at once to one and the same person.
the substance of the accusation or suspicion - a brief summary of the circumstances of the crime, qualifications at the time of filing the petition, as well as information confirming the involvement of the accused in the crime.
circumstances on which the conclusion is based that this person needs to choose house arrest.
the period for which it is necessary to set restrictions (upon election it is 2 months, upon subsequent extension - depending on the complexity of the case, the progress of the investigation, etc.). The maximum period of detention is 18 months (exceptional cases for particularly serious crimes).
full personal data of the person in respect of whom the issue of choosing a preventive measure will be decided.

The investigator, if he considers it necessary to apply this preventive measure, must draw up and submit this petition within 48 hours from the moment of the person’s arrest, along with material containing certified photocopies of procedural documents. The petition looks like this:

APPROVED by Head of the Department for Investigation of Economic Crimes of the Internal Affairs Directorate for the Samara Region

Colonel of Justice Smirnov A.P. (signature, date)

DECISION On filing a petition before the court to select a preventive measure in the form of house arrest

Samara 04/28/2021

Senior investigator of the Department for Investigation of Economic Crimes of the Internal Affairs Directorate for the Samara Region, Major of Justice Sazonov R.P., having examined the materials of criminal case No. 191919191,

INSTALLED:

This criminal case was initiated on April 26, 2021 by the Department for Investigation of Economic Crimes of the Internal Affairs Directorate for the Samara Region on the grounds of a crime under Part 3 of Art. 159 of the Criminal Code of the Russian Federation on the fact of theft of funds by deception from the victim Mikhailova K.A., in the amount of 280,000 rubles.

During the investigation, it was established that at the beginning of January 2021, Mikhailova K.A., after reading an advertisement in the newspaper, went to a pawnshop on the street. Mayakovskogo, 7A, to draw up a deposit agreement, providing your personal funds at 13% per annum for a period of 6 months. Director of the pawnshop Repin R.O. assured Mikhailova K.A. that especially favorable terms for calculating interest apply to pensioners, he drew up a loan agreement dated January 31, 2021. According to this agreement, Mikhailova was supposed to leave funds in the amount of 280,000 rubles in the pawnshop, for which she was to be paid monthly accrued interest in the amount of 13% of the entire amount. 02/28/2021 Mikhailova discovered that at Mayakovskaya, 7A there is a travel agency office, there has never been a pawnshop there and no one is going to give her money.

Thus, Repin R.O., who did not have a special permit to engage in activities related to the conclusion of loan agreements, misled Mikhailova that her funds would be returned to her with interest, thereby stealing 280,000 rubles, causing major damage to Mikhailova . According to information requested by the investigation department, the pawnshop on the street. Mayakovskaya, 7A, was never located, and Repin R.O. is a person previously convicted of theft by deception.

Taking into account the fact that Repin was involved in committing a serious crime for personal gain, while he does not have a permanent source of income, the investigation comes to the conclusion that he can continue to engage in criminal activities. In addition, in order to avoid liability and subsequent punishment for committing a serious crime, Repin can hide or influence the victim, whose place of residence he reliably knows from the information she provided when concluding the loan agreement dated January 31, 2021.

Taking into account the above circumstances, as well as the fact that Repin has been living in Samara for about 17 years at the address st. Sinitsyna, 12, apt. 3 (the residential premises belong to him by right of ownership), a preventive measure in the form of house arrest must be chosen against him.

Based on the above, guided by Art. Art. 97-101, Art. 107 Code of Criminal Procedure of the Russian Federation,

DECIDED:

To petition the Leninsky District Court of Samara to select a preventive measure in the form of house arrest in relation to the suspect Roman Olegovich Repin, born in 1980, a citizen of the Russian Federation, not working, living at the address - Samara, st. Sinitsyna, 12¸ apt. 3.
Install Repina R.O. the following restrictions: do not travel outside the municipal district “city of Samara”, do not go beyond the boundaries of apartment 3, building 12, st. Sinitsyna; do not communicate with witnesses and the victim in the case, do not send correspondence by mail, email, or cell phone.
A copy of this resolution should be sent to the prosecutor of the Leninsky district of Samara.

Investigator Signature

After such a petition is received by the court, the issue of choosing a preventive measure must be considered within 8 hours. The procedure for consideration is similar to the election of detention:

The parties are called to the court hearing: the investigator, the prosecutor, the accused and the defense attorney. The failure of the investigator to appear does not prevent the consideration of the petition, but he may be called again (for this purpose the court may take a break) if it is necessary to clarify the questions that have arisen or attach additional materials. The participation of the prosecutor, the accused and his defense attorney is mandatory.
the meeting is not closed, and relatives can be present as listeners, but the court has the right to limit this right of outsiders if it comes to the conclusion that it is advisable to maintain investigative secrecy or if the nature of the crime requires confidentiality (for example, crimes against sexual integrity).
At the beginning of the court hearing, the judge reports which petition is being heard. The prosecutor informs the participants what grounds the investigator gave in his decision. Everyone's rights are explained (to get acquainted with materials, make additional requests, object to it, present evidence, etc.).
at the request of the parties, persons other than the accused/suspect may be questioned. They may be people who have information regarding the advisability of choosing a preventive measure. Thus, at the request of the prosecutor, a witness may be invited who has the right to speak out about the threats from the perpetrator of the crime and about his fears. Neighbors or co-workers who characterize the accused positively, as well as the owners of the property where they plan to be under house arrest, can be called on behalf of the defense.
All participants in the process speak out on the petition, and the court examines all materials presented by the investigator. Then, in the deliberation room, the court makes a decision to grant the petition or to refuse to select a preventive measure. In the latter case, the court may apply another measure - for example, bail. The court does not have the right to choose a more severe measure of restraint - for example, when resolving a petition for house arrest, the judge is not authorized to choose detention.

Initially, the arrest is chosen for 2 months (in some cases less, at the discretion of the court). Subsequently, if the investigation has not yet been completed, but there is a need to maintain a preventive measure, the investigator may go to court with a petition for an extension.

The court decision (both on election and refusal of election, as well as extension) can be appealed by any interested party within 3 days to the regional court.

When a case comes to court for consideration on the merits, the judge is obliged to decide whether to leave the chosen preventive measure in place for the defendant for the duration of the proceedings or to cancel it.

Electing house arrest in other cases

In addition to the general procedure for filing a petition by an investigator, house arrest can be applied in two other cases:

When the investigator sends a petition to the court to order detention, but the court does not agree with it. In such a situation, the court may order house arrest. Example . The investigator petitioned the court to place citizen P.R. Batrakov, accused of committing a robbery with the participation of two other persons, in a pre-trial detention center. The court, refusing to order detention, applied house arrest to Batrakov. The same situation may arise when considering the issue of extending detention. For example, when the accused had already been chosen for detention, but subsequently, when considering a request to extend the detention in a pre-trial detention center, the court came to the conclusion that it was advisable to use house arrest.
When the court receives a petition to change the already chosen preventive measure. For example, if a person is already in custody, but the investigation comes to the conclusion that it is advisable to change the preventive measure to another, less severe one, a corresponding petition is drawn up and sent to the court. Often, the investigator raises the question of changing the chosen coercive measure after the accused or defense lawyer approaches him. Example . Bobrovsky Y.R. was taken into custody because he was suspected of committing robbery with the use of violence, causing damage to the victim in the amount of more than 100,000 rubles. During the investigation, it was established that Bobrovsky did not beat the victim, but made verbal threats, and the amount of damage as a result of the examination was reduced to 15,000 rubles. Bobrovsky Y.R. filed a petition addressed to the investigator to change the preventive measure, which was taken into account by the investigator - he prepared material for the court, where Bobrovsky Y.R. placed under house arrest.

The petition can be drawn up as follows (sample):

Investigator of the Investigative Unit of the Internal Affairs Directorate of Rostov-on-Don K.Yu.

accused Mironov M.M. in criminal case No. 1616161616161, held in pre-trial detention center No. 1 in Rostov-on-Don

Petition to change the preventive measure

On March 21, 2021, the investigative department of the investigative unit of the Department of Internal Affairs of the city of Rostov-on-Don opened a criminal case under Part 2 of Art. 213 of the Criminal Code of the Russian Federation on the fact of hooliganism using objects as weapons, by a group of persons by prior conspiracy. I am the accused in the case, that is, M.M. Mironov, as well as P.R. Mikhailov. and Lesin A.K. By the decision of the Petrovsky District Court of Rostov-on-Don dated 04/03/2021, I was chosen as a preventive measure in the form of detention, the period of detention in pre-trial detention center-1 is 1 month.

I believe that the grounds on which the court chose to place me in custody have now disappeared. So, I fully admitted my guilt and contributed to the investigation in solving the crime, gave truthful and detailed testimony, in connection with which Mikhailov P.R. was detained. and Lesin A.K. I have no criminal record, I have a permanent place of residence on the street. Moskovskaya, 13, married, raising a daughter.

I am not going to hide, I undertake to strictly observe all restrictions and continue to help the investigation.

Based on the above, guided by art. Art. 107, 110, 108 of the Criminal Code of the Russian Federation,

ASK:

To petition the court to change the preventive measure from detention to house arrest at the address: Rostov-on-Don, st. Moskovskaya, 13, with any restrictions and prohibitions.

Mironov M.M.

After such a request is received by the police department or the investigative committee, the investigator is obliged to consider it within 3 days and make a decision on whether to satisfy it or refuse it. If the investigator agrees that the grounds for detaining a person have disappeared, he has the right to go to court with a petition to change the preventive measure to a more lenient one.

The accused himself or his defense attorney can apply to the court with the same question. At the same time, based on practice, in this case the chances of satisfying the request are less, since the court is generally guided by the opinion of the investigative body, and it is likely to be negative.

Restrictions and prohibitions during house arrest

There are the following types of restrictions and prohibitions during house arrest:

leaving the residential premises in which the suspect/accused lives (the court may allow leaving the residential premises, for example, for a walk at a certain time);
communication with certain persons (for example, with witnesses, victims in a criminal case);
sending and receiving postal and telegraphic items, with the exception of using telephone communications to call emergency medical services, law enforcement officers, emergency services in the event of an emergency, as well as to communicate with a regulatory authority, inquiry officer, investigator;
use of communication means and the Internet information and telecommunications network.

The listed prohibitions and restrictions are exhaustive; the court does not have the right to subject the suspect/accused to other prohibitions and restrictions. A court order on house arrest applies only to the suspect/accused and does not carry any restrictions for persons living with the suspect/accused, or other persons (relatives, work colleagues, etc.).

How and by whom is house arrest enforced?

After house arrest is elected, a copy of the decision is sent to the prosecutor and investigator for information, and to the Federal Penitentiary Service for execution.
The direct body that monitors the accused’s compliance with the prohibitions accompanying house arrest is the criminal-executive inspection. Previously, we wrote about the functions of the Penitentiary Inspectorate, the main one of which is monitoring the behavior of convicted persons who have been sentenced to non-custodial sentences.

The inspector of the criminal-executive inspection is entrusted with the responsibility not only to monitor the behavior of the accused, but also to bring these persons to court hearings (for example, on petitions) or to investigative actions, examinations, etc. Notification of the day of investigative activities is sent to the inspector of the Criminal Investigation Department in advance, unless they are urgent.

Clear rules for interaction between the court, the investigation and the Federal Penitentiary Service are regulated by an internal joint order, which specifies the time frame within which notifications must be sent, methods of inspections at the place of residence or stay, and the actions of officials when violations of the order of being under house arrest are identified.

How is house arrest carried out?

The control procedure is as follows:

an inspection officer appears in a service car at the court in which house arrest was chosen as a preventive measure;
receives a copy of the resolution (it is needed to register the accused and establish a personal file);
accompanies the accused to the address indicated in the court order - usually this is the place of permanent registration of the accused, but in some cases it may also be the address under the lease agreement, as well as the housing of relatives;
in the place where the suspect or accused is expected to be located during house arrest, a stationary device is installed, through which employees of the Federal Penitentiary Service are able to remotely record violations on the part of the person. To do this, the device is adjusted to the desired range (depending on the radius beyond which the person is prohibited to be). In addition, the accused is fitted with an electronic bracelet on his leg, through which data is electronically transmitted to the installed stationary device.
the inspectorate employee explains all the responsibilities associated with the prohibitions established by the court when choosing a preventive measure, as well as responsibility for violations.

For more information about control, watch the video:

Conditions of house arrest in a criminal case

Restrictions are determined by the court for each criminal separately, depending on the crime committed and the identity of the accused.

Did you know House arrest is used as a preventive measure in almost all countries. The restrictions that can be imposed on a person vary in each country. For example, in southwestern Asian countries, the court may set limits on food intake and hours of sleep.

In Russia, restrictions that can be imposed on a person under house arrest are listed in Part 7 of Article 107. So a person can be prohibited or limited:

The ability to leave the living space (restrictions, as a rule, apply to night and evening hours).
Communication with individuals (for example, witnesses, eyewitnesses or accomplices in the crime). In some cases, the court may completely prohibit the accused from communicating with strangers. In such a situation, he can meet at the place of serving house arrest only with his defense attorney or a notary to certify the power of attorney (Part 10 of Article 107 of the Code of Criminal Procedure).
Ability to send and receive mail.
The right to use the Internet and other means of communication.

The judge may assign all or only some of the restrictions to the defendant. If the accused is deprived of the right to use a telephone, the citizen can make calls using it only to an ambulance, the police, the Ministry of Emergency Situations, or to the investigator or interrogator leading his case. After each such call, the person must report to the supervisory authority responsible for the execution of the preventive measure.

Accused persons assigned to house arrest are monitored by authorized bodies, as are those serving their sentences in arrest houses in Russia, where convicts are kept.

Responsibility for non-compliance with prohibitions

The consequences of violating house arrest are almost always associated with replacing the preventive measure with detention. A violation is failure to comply with any of the prohibitions established by the court.

Electronic bracelets help the inspector to identify and record such facts. At the same time, in many regions the number of purchased bracelets and stationary electronic devices is not enough for all the accused, given the gradual increase every year in the number of court decisions on the selection of this particular preventive measure.

Question : How is house arrest controlled if the accused is not wearing a bracelet?

In this case, the inspector of the criminal-executive inspection is guided by a joint Order of the Ministry of Justice, the Ministry of Internal Affairs and the Federal Penitentiary Service, which regulates the work of monitoring compliance with established prohibitions. Thus, the inspector has the right at any time (and as many times a day) to check the accused at the place of residence, drawing up a report on the violation identified (for example, when no one was at home). Just one violation is enough, the consequence of which may be detention in a pre-trial detention center.

Some restrictions during house arrest are difficult to control. For example, facts of communication with strangers and sending correspondence. To be fair, it is worth noting that the detection of such violations by regulatory authorities is rather a matter of chance (for example, when the same outsider with whom the accused communicated told the court or investigators about it).

Question : What measures does the police inspector take after identifying a violation on the part of the accused?

The algorithm of actions depends on the stage of the criminal case. According to the general rules, the inspector is obliged to notify the investigation (inquiry) body or the court within 24 hours from the moment the violation is recorded. Let's give two examples.

Example No. 1 . Mitrofanov M.I. was brought to criminal responsibility for committing theft, he was given a preventive measure in the form of house arrest at his place of residence. During the investigation, on the eve of the confrontation with an important witness, Mitrofanov M.I. fled from his place of residence and disabled the stationary control device. Within 24 hours, the inspector informed the investigator in charge of the criminal case against Mitrofanov M.I. about the incident. The investigator immediately filed a petition to change the preventive measure to imprisonment and sent it to the court.

Example No. 2. The criminal case against A.G. Pirogov, accused of extortion, was sent to court for consideration - the investigation was completed. The court set a date for the hearing of the case, but due to busyness it was postponed to another day. The day before the meeting Pirogov A.G. disappeared. He did not have a bracelet, so the inspector belatedly discovered a violation on the part of the accused, about which he drew up a report and reported it to the head of the criminal-executive inspection. Within 24 hours, the head of the correctional institute sent a petition to the court for a change to A.G. Pirogov. preventive measures, which were satisfied.

Thus, if the case is at the investigation stage, the inspector of the correctional department reports to the investigator, who petitions the court to cancel the house arrest. If the case is already being considered in court, the inspector informs the judge that the defendant has escaped, after which the issue of replacing the preventive measure is decided.

The process of replacing house arrest with detention takes place in the presence of a prosecutor and a lawyer. But the failure of the accused to appear does not at all prevent the consideration of this petition, upon which the violator of the restrictions is put on the federal wanted list. If this person is detained, the police will have every reason to immediately place him in a pre-trial detention center, since the court order automatically begins to take effect from the moment the accused is discovered.

How to remove some of the prohibitions

Previously, we pointed out that in most cases, judges indicate in their decisions a “standard set” of prohibitions - not to go beyond the boundaries of the household, not to leave the municipal district, not to communicate with participants in the case and other people who are not close relatives, etc.

At the same time, under certain conditions, the person under investigation can even go for walks.

What is possible and what is not allowed under any circumstances while under house arrest? There are a number of prohibitions that can never be lifted. This is communication with participants in the investigation and other defendants, this also includes a ban on correspondence, sending correspondence and electronic messages. The remaining bans may be partially lifted. How to do it?

The law allows you to contact the investigator with a corresponding petition. At the same time, we would not recommend this method of making your stay under house arrest more lenient, and here’s why. The investigator, if he comes to the conclusion that the petition is justified, will need to collect material and send it to the court. Investigators' more than full workload and catastrophic lack of time may be the reason for a banal refusal to satisfy a seemingly justified request of the defense.

The best way to claim some “relaxations” is to apply during the extension of the preventive measure. We have already written that initially the arrest can last up to 2 months. Subsequently, in almost every case, the investigator comes up with a petition to extend detention under arrest, which is considered according to all the rules with the participation of the accused, defense attorney, and prosecutor. At such a court hearing, you can submit a petition (orally) of the following nature:

on the provision of walks - indicate how long the accused needs to walk and within what territories. Based on practice, in the summer heat the court may allow walking within a 100-200 meter radius from the house every day from one to 3 hours. In order for a request to be granted, it must be well substantiated. For example, the reason for a request to the court may be a deterioration in health, a long investigation time and, accordingly, a long stay in prison, etc.
about permission to visit a certain doctor . We are not talking about calling an ambulance (such a right cannot be limited under any circumstances), but about planned treatment, a visit to the attending doctor while under constant care (with a neurologist, cardiologist, etc.). Of course, the application should be substantiated with medical documents.
about providing the opportunity to visit church and temples . Courts rarely refuse requests for permission to visit the nearest temple 1 or 2 times a week for religious purposes.

If the court agrees with the stated requests of the accused and his defense, in the decision to extend the period of detention under house arrest, he is obliged to indicate which restrictions are partially lifted, what exactly is allowed and for how long.

How are arrested people controlled?

A person under house arrest is under surveillance. His actions are subject to strict control. For example, if the accused has a foreign passport, it will be confiscated.

To control the actions of a citizen, the following technical means are used:

Electronic bracelet. Most often it is worn on the ankle of the accused. This device allows you to track a person's movement in real time. Using an electronic bracelet, law enforcement officers will always know where the arrested person is. The device is protected from removal and opening, and is intended for long-term wear (more than three months).
Personal tracker. A compact device that tracks the location of an arrested person via satellite communications.
Stationary control device. This device receives signals from an electronic bracelet. In this way, the presence of the arrested person in a specific territory is determined. This device notifies you of attempts to break or remove the bracelet.
Mobile device. It is used in cases where it is not possible to track the location of the arrested person using a stationary device. To determine the position of a citizen, satellite communications are used.

In addition, UII inspectors have the right to conduct personal inspections. An authorized person may visit the house of the arrested person at any time, except at night. No more than two such visits per week are allowed.

Audiovisual monitoring may also be used during house arrest. We are talking about wiretapping and video recording. Restraints are installed in all rooms of the arrested person’s home except the toilet, bathroom, and bedroom. If the suspect does not live alone, then the written consent of the cohabitants is required to use audiovisual control.

Previously, a guard was posted at the premises where the arrested person was kept. Currently, such measures are considered unnecessary.