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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What is an arrest: general information

First, let us understand the terminology. Arrest is a measure of punishment for a citizen who has committed a criminal offense. Arrest is established by a court decision, and not by sentence. The main requirement of arrest is the isolation of the convicted person from society and contacts with the “outside world.”

Most often in our country, arrest is chosen as a preventive measure of punishment, chosen with the aim of preserving a person’s future and giving him the opportunity to improve. As a rule, such a shock occurs if a person has broken the law for the first time.

The court has the right to choose arrest as a criminal punishment in the following cases:

1. If a more lenient punishment can be imposed for the crime committed under the Special Part of the Criminal Code;
2. If there are conditions and life circumstances that require a more lenient sentence, regulated by Article 64 of the Criminal Code of the Russian Federation.
3. The jury's decision to render a verdict of leniency for the convicted person is part 2 of article 65 of the Criminal Code of the Russian Federation.
4. Changing the remaining part of the punishment with milder sanctions is Article 80 of the Criminal Code of the Russian Federation.
5. Use arrest as a substitute for community service previously assigned as punishment if the convicted person evaded them or performed them in bad faith (Articles 49-50 of the Criminal Code of the Russian Federation).

Arrest is considered the main type of criminal punishment, which cannot be replaced by a suspended sentence.

As a rule, in practice, convicts serving a sentence of arrest are subject to the same rules of detention as prison inmates.

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 types of arrest are there?

As of 2021, only two forms of arrest are used in Russia:

1. House arrest;
2. Stay of the sentenced person in the arrest house.

In order to impose arrest as punishment, the court must assess the severity of the crime and determine whether the reasons for choosing arrest are:

1. The severity of the crime committed;
2. Physical condition of the convicted person, medical indicators;
3. Marital status, presence of minor children;
4. Characteristics from a psychologist and friends;
5. Age of the convicted person;
6. Attitude towards the crime committed;
7. Whether the crime was committed for the first time;
8. The circumstances in which the crime was committed.

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.

House arrest

According to the lawyer, house arrest is one of the mildest punishments, preferable for a convicted person rather than a detention center.

Unlike other types of imprisonment or arrest, when a convict is assigned to house arrest, they are allowed to keep their passport, because in fact he is not in custody. The period of house arrest can be up to two months.

To assign arrest as punishment to a convicted person, the investigator is obliged to check:

• Does the convicted person have a permanent place of residence?
• Is it possible for employees to establish constant surveillance of the convicted person?

As a place for serving house arrest, you can choose not only the apartment or house of the convicted person, but also a hospital or medical institution, if there are special indications.

Expert opinion

Novikov Igor Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.

Since the location of the convicted person during house arrest will not necessarily coincide with his registration address, the law had to define criteria for choosing the place of arrest:

• Permanent residence of his family and minor children with him;
• The presence of personal belongings of the convicted person;
• Availability of a medical facility, if required.

After the place of residence of the convicted person has been chosen, you need to select the restraints of freedom:

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1. The circle of persons who have the right to see the convicted person and stay in the territory of serving the sentence is designated;
2. Determination of acceptable means of communication for conversations and correspondence;
3. Is working from home allowed?
4. Restriction on movement (the main restriction of a person sentenced to house arrest). If someone is arrested, then he is obliged to: Visit the store, if he lives alone, only with the permission of the investigator or the person in charge;
5. Located at the punishment address around the clock, it is forbidden to leave the territory even a couple of meters without permission;
6. Report to supervisory authorities a certain number of times a month.

Arrest house

The next most severe punishment is the convict’s stay in an arrest house, chosen as a place of strict isolation of criminals from society. As a rule, punishment in the form of arrest is chosen for the “stumbled” category of criminals.

You can be assigned to stay in a house of arrest if:

• The convicted person does not have a permanent place of residence;
• The personality and characteristics of the convicted person do not allow the court to trust him;
• The convict was already under house arrest, but violated the rules of residence and the terms of his sentence;
• During the investigation, the convict was hiding from the justice authorities.

Unlike being under house arrest, a house of arrest prohibits the prisoner from leaving the territory of the house. Exceptions are situations and conditions that are dangerous to the life of the convicted person:

1. Force Majeure;
2. Natural disaster, fires;
3. Attack on the arrest house;
4. Threat to the safety, life and health of the convicted person;
5. Serious illness of a prisoner requiring inpatient treatment in a medical institution.

If internal conflicts arise and for other valid reasons, the law allows the arrestee to be transferred to another arrest house.

In fact, the conditions of stay and detention of a prisoner in a house of arrest are often stricter than in many general or strict regime colonies. House rules include;

• Prohibition on communication with family, friends, friends;
• It is prohibited to receive and send parcels and parcels;
• Purchase of food products for more than the amount calculated using the formula “minimum wage + 20%”.
• Exchange of emails and messages is prohibited;
• Telephone calls are allowed only in extreme circumstances (death or illness of a relative;
• The prisoner is required to work 4 hours a day, without receiving pay.

Nevertheless, prisoners have the right to daily one-hour walks in the fresh air.

If military personnel are arrested, they must be sent to a guardhouse ten days before being sent to the place where they are serving their sentence. In addition, military personnel serve their sentences separately from civilians, and officers from privates.

Arrest of minors

The basic procedure for serving prisoners from 16 to 18 years of age almost completely corresponds to the regime for serving arrest for adults. Only two exceptions are allowed:

1. The duration of a daily walk should be at least one and a half hours;
2. Minor prisoners are allowed to see their immediate family.

In some cases, when committing serious crimes, minors over fourteen years of age may be sentenced to arrest and stay in a detention center.

Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve the issue you have regarding Criminal Law, we advise you to seek the advice of a lawyer in support of the site.

Arrest as a type of punishment is regulated by Art. 54 of the Code of the Russian Federation. Arrest consists of keeping the convicted person in conditions of strict isolation from society and is set for a period of one to six months, and in the case of replacing compulsory labor or correctional labor with arrest, it can be assigned for a period of less than one month.

Arrest can be imposed only as the main type of punishment and only in cases where the possibility of its appointment is provided for by the sanction of an article of the Special Part of the Criminal Code of the Russian Federation.

In the sanctions of articles of the Criminal Code of the Russian Federation, punishment in the form of arrest is mentioned in more than 140 cases. In most of them, the use of arrest is provided for the commission of crimes of minor gravity, but there is also a significant number of sanctions providing for arrest for crimes of medium gravity.

In all sanctions of the articles of the Special Part, arrest acts as an alternative to other types of punishment.

Arrest cannot be imposed on persons who have not reached the age of 16 at the time of the court’s verdict, as well as pregnant women and women with children under the age of 14 (Part 2 of Art.

54 of the Criminal Code of the Russian Federation). It should be taken into account that although Art.

54 of the Criminal Code of the Russian Federation allows for the possibility of assigning arrest to persons aged 16 to 18 years, however, in fact, it cannot be assigned to minors, since in connection with the provisions introduced in Art. 88 of the Criminal Code of the Russian Federation, as amended, arrest is currently excluded from the list of types of punishments applied to this category of persons.

Military personnel are serving arrest in a guardhouse (Part 3 of Article 54 of the Criminal Code of the Russian Federation). In this case, the time of serving the arrest is not counted towards the total period of military service and length of service for the assignment of the next military rank.

While serving an arrest, a convicted serviceman cannot be nominated for the next military rank, appointed to a higher position, transferred to a new place of service or dismissed from military service, except in cases where he is declared unfit for military service due to health reasons. Convicted military personnel during the period of serving arrest are paid in the amount of salary according to their military rank.

The beginning of the use of arrest in Russia is associated with the creation of the necessary conditions. At the same time, it was initially established that this punishment should begin to be applied no later than 2001.

Subsequently, Federal Law No. 161-FZ dated December 8, 2003 “On bringing the Criminal Procedure Code and other legislative acts into conformity with the Federal Law “On Amendments and Additions to the Criminal Code of the Russian Federation”, this period was postponed to 2006, but until now time, arrest is still not applied, since the conditions for the execution of this type of punishment have not been ensured.

In accordance with Art. 68 of the Penal Code of the Russian Federation, arrest is served at the place of conviction of the person in arrest houses.

The convicted person serves the entire sentence in one arrest house. The transfer of a convicted person from one arrest house to another is permitted only in case of his illness or to ensure his personal safety, as well as under other exceptional circumstances that prevent the convict from continuing to stay in a given arrest house (for example, due to the need to separate convicts related to one crime, etc.).

Those sentenced to arrest are kept in conditions of strict isolation. Isolated from other categories of persons in custody and placed separately are: convicted men, convicted women, convicted minors, as well as convicted persons who have previously served sentences in correctional institutions and have a criminal record.

Convicts are subject to the conditions of detention established by the Penal Code of the Russian Federation for those sentenced to imprisonment serving their sentences under general regime conditions in prison. Those sentenced to arrest are not granted visits, with the exception of visits with lawyers and other persons entitled to provide legal assistance; It is not permitted to receive parcels, packages or packages, except those containing essential items and seasonal clothing.

During the period of serving arrest, general education, vocational education and vocational training of convicts are not provided; movement without an escort is not permitted. Convicts have the right to purchase food and basic necessities in the amount of 400 rubles monthly.

Convicted minors are granted short-term visits once a month for up to three hours with their parents or persons replacing them. Convicts enjoy the right to a daily walk lasting at least one hour, and juvenile convicts - at least one and a half hours.

In exceptional personal circumstances, those sentenced to arrest may be allowed to have a telephone conversation with their loved ones.

Expert opinion

Novikov Igor Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.

The administration of the arrest house has the right to involve convicts in work on the economic maintenance of the arrest house without pay for a duration of no more than four hours a week (Article 70 of the Penal Code of the Russian Federation).

For good behavior, those sentenced to arrest may be subject to incentive measures in the form of gratitude, early removal of a previously imposed penalty, or permission to have a telephone conversation. For violation of the established procedure for serving a sentence, convicts may be subject to penalties in the form of a reprimand or placement in a punishment cell for up to 10 days (Art.

71 of the Penal Code of the Russian Federation).

The inclusion of arrest in the modern Criminal Code of the Russian Federation was due to the desire of the legislator to find an alternative to short-term imprisonment, which, according to scientists [1], is ineffective in the fight against crime and is unable to achieve the goals of punishment. However, recently in the literature doubts have been reasonably expressed about the need to include arrest in the punishment system, since in practice the conditions for serving it are much stricter than the conditions under a strict prison regime, where persons who have committed especially serious crimes serve their sentences, with particularly dangerous recidivism, in while arrest is provided for in the sanctions articles for crimes of minor and medium gravity.

Arrest involves keeping the convicted person in conditions of strict isolation from society.

Arrest is the main type of punishment and is applied in cases where it: 1) is specified in the sanction of an article of the Special Part; 2) appointed by way of mitigation of punishment (Articles 64, 80 of the Criminal Code of the Russian Federation); 3) applied when the jury makes a leniency verdict (Art.

65 of the Criminal Code of the Russian Federation); 4) is determined for persons who maliciously evade a fine, compulsory or correctional labor.

Those sentenced to arrest serve their sentences at the place of conviction in arrest houses. They are kept in strict isolation. Isolated from other categories of persons in custody and placed separately:

– convicts who have previously served sentences in correctional institutions and have a criminal record. Arrest is not ordered:

– persons who have not reached the age of sixteen at the time of the court’s sentencing;

– women with children under the age of fourteen.

To keep military personnel under arrest, a special room is equipped - a guardhouse. The guardhouse can be:

A serviceman is considered arrested from the moment:

– taking him under guard for escort to the guardhouse;

- when traveling independently - when he is accepted by the head of the guardhouse (duty officer at the military unit).

Features of the legal status of convicted military personnel:

1) the time of serving the arrest is not counted: in the total period of military service; in length of service for the assignment of the next military rank;

2) while serving an arrest, a convicted serviceman cannot be: nominated for assignment to the next military rank; appointed to a higher position; transferred to a new duty station and dismissed from military service, except in cases where he is declared unfit for military service for health reasons;

3) convicted military personnel during the period of serving arrest are paid in the amount of salary according to their military rank. Isolated and separately placed:

– convicted military personnel from among officers - separately from other categories of convicted military personnel;

– convicted military personnel with the ranks of warrant officers, midshipmen, sergeants and foremen, separately from convicted enlisted military personnel;

– convicted military personnel serving under conscription – separately from convicted military personnel serving under contract;

– convicted military personnel – separately from military personnel arrested for other reasons. For exemplary behavior and conscientious attitude towards military service, incentive measures may be applied to convicted military personnel in the form of:

– early removal of a previously imposed penalty;

– counting the time served in arrest into the total period of military service in whole or in part.

For violation of the procedure for serving a sentence, convicted military personnel may be subject to penalties in the form of: a reprimand; transfer to solitary confinement for up to 10 days.

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 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.

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.

Expert opinion

Novikov Igor Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.

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.

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.

Arrest houses - what are they?

The arrest house is a place where the accused are sent in order to isolate them from society.

In what case is the offender placed in a place of strict isolation? This can happen if:

1. The accused does not have his own place of residence.
2. The judicial authorities doubt that the punishment will achieve its goal by leaving the prisoner at home.
3. During the serving of previous sentences, the offender violated the conditions of serving.
4. The offender tried to hide from the investigation.

As a rule, a prisoner is not allowed to change houses of arrest while serving his sentence, but in some cases this is possible:

1. If the criminal is sick.
2. Force majeure circumstances have occurred, for example, a natural disaster, etc.
3. The prisoner is in any danger in this place.
4. Transfer is permitted by order of higher authorities.

Another condition for arrest houses is that they are not located within a subject of the Russian Federation, but within the prisoner’s place of residence (city, district).

The conditions of a prisoner's stay in the arrest house are extremely harsh. A prisoner has no right:

1. Seeing relatives and friends;
2. Receive and send parcels. The exception is things of extreme necessity.
3. Spend more money on groceries than one-fifth of the minimum wage.
4. Use any means of communication.
5. Travel without escort.
6. Continue working or studying.

Thus, being in a detention center is indeed a stressful experience for a criminal.