Determination of the Constitutional Court of the Russian Federation dated May 27, 2021 N 891-O


House arrest: what is possible, what is not

House arrest is a very specific preventive measure that provides for many rights and obligations. The suspect is obliged to adhere to them if he does not want to go to a pre-trial detention center for the duration of the investigation. The restrictions in this case are as follows:

  • a ban on the use of certain means of communication - you cannot use the telephone, the Internet, or mail;
  • a ban on communication with any outsiders, with the exception of relatives and a lawyer;
  • a ban on leaving the premises in which the suspect is under house arrest.

As for the first rule, the suspect is indeed prohibited from using any means of communication, except in special cases. For example, you can use your mobile phone or the Internet to call the Ministry of Emergency Situations or an ambulance. The ban on leaving the premises chosen for house arrest is valid until the order of the investigator. If the investigator needs to conduct any investigative experiments, he has the right to call the suspect. However, you can only travel in a police car with the knowledge of the person who is investigating a particular case.

Note!

It is impossible to leave the building or premises in which the defendant is under house arrest without the knowledge of the investigator.

In addition, Russia has a law on the use of special means to control persons subject to house arrest. If a person is among the suspects, he is required to wear an electronic bracelet. This device allows you to track the location of a person against whom a preventive measure such as house arrest was applied. It cannot be removed without damaging it. If you try to do this, law enforcement will immediately find out about it and then you will face more serious punishment.

Note!

Only a court can issue a house arrest order.

Electronic bracelets were approved by the new house arrest procedure approved in February last year. Since then, every citizen who is considered a suspect and against whom such a preventive measure has been applied is required to wear a device.

Escape from house arrest punishment

The most desperate criminals who find themselves under house arrest often think about escaping. Of course, who wants to get a criminal record? However, the consequences of such a decision can be extremely unpleasant for you.

First of all, we are talking about possible detention for a certain period. Moreover, the term will be half as long as detention under house arrest. Moreover, you may face criminal liability for such acts. The court may impose 4 years of correctional labor or imprison you for a similar period.

Is it possible to work while under house arrest?

Let us repeat, you can leave the house only with the permission of the investigator. Accordingly, you can forget about work for some time. You cannot use any means of communication, which makes working on the Internet also impossible. In this case, a reasonable question arises: how to survive during house arrest?

Note!

While you are under house arrest, you cannot be fired.

First of all, you will have to count on the help of family and friends. If this is not possible, you can file a corresponding petition with the court. In this case, it is possible to change the preventive measure so that you can continue working. It is strictly prohibited to go to work without the permission of the investigator, as well as to leave the territory of your home or medical facility without permission. This way you will get a "rest" for a certain period of time. The main thing is that in the future this “rest” does not extend to years spent in the colony. Whether this will be so depends only on you.

Summary

House arrest is one of the preventive measures that a court can choose to investigate a crime committed. Its advantage is the fact that the suspect is at home all the time, although he is forced to adhere to certain restrictions. In particular, contacts with the outside world are severely limited: you cannot leave the house unless necessary (in this case, you need to inform law enforcement), and the use of the telephone and the Internet is limited. If the suspect violates the prohibitions, the court may change the measure of restraint to detention.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
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House arrest violation

Violating house arrest is strictly prohibited. This can result in very serious consequences. Whatever violation he commits, he is obliged to adhere to all the conditions provided for by a specific preventive measure. Otherwise, the court will have to reconsider its decision.

We remind you that the restrictions in the case of house arrest are quite strict. But you will have to adhere to them strictly. Otherwise, you will give the court a reason to send you to a pre-trial detention center. Of course, this will count towards the sentence. Therefore, it is better to comply with the conditions of house arrest so as not to encounter additional problems.

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