What is an arrest? Types of arrests and their application

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.

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:

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.
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.

Where are administrative arrests served?

Popularly, such institutions are called “special detention centers.” Legally, they are correctly called “places of serving administrative arrest.” They are often confused with “special premises” for holding detainees. This is not true. Detention facilities are called detention rooms (DCS) and are part of the police department. The special detention center is an independent institution. It is a separate building with access control. After the court makes a decision on administrative arrest, it is there that the citizen is taken. Those arrested are kept in cells, men and women are kept separately, each arrestee must have at least 4 sq.m. Before being placed in a cell, the arrested person is searched.

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:

The severity of the crime.
Satisfactory physical condition of the convicted person, the presence of medical indications.
Presence of minor children.
Household and psychological characteristics.
Age of the offender.
Attitude to crime.
Number of previously committed criminal offenses.
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.

A word from the experts

Yulia Kombarova, General Director of Legal Bureau No. 1:

“In all standard contracts for the purchase and sale of property, including cars, there is a clause that states: “The seller guarantees that the car is not pledged, that third parties have no claims to it, and the seller also guarantees that it has no signs of and bankruptcy cases filed.” This clause of the contract protects the buyer, and places full responsibility for the circumstances of the transaction on the seller. Therefore, in the event of detection of arrests imposed on the item of purchase, after concluding a sales contract and transferring money, the buyer has the right to invalidate the contract, receive the money back and return the car.

Proving the good faith of the acquirer is, of course, a time-consuming legal process. But for the services of a representative and other legal expenses can be recovered from an unscrupulous seller in court. It should be noted that if you win a lawsuit, you will not be able to get money right away. Most likely, you will have to contact the bailiff service, and if the debtor is in bankruptcy proceedings, then submit your claims to the register of creditors of the debtor in the bankruptcy case.”

Valerik Vardanovich Galstyan, senior partner of the law firm:

“In such a situation, things can develop in two ways:

If the contract for the sale and purchase of a vehicle was executed before the seizure, then the new owner has the opportunity to try to lift the seizure in court by proving that he was a bona fide purchaser, and at the time of the seizure the vehicle was not owned by the seller.
If the purchase and sale agreement was executed after the seizure, the car will be confiscated from the new owner, since the seizure is a restriction on taking actions to alienate property. Therefore, the seller did not have the right to sell the property under arrest.

In the second case, the new owner has every right to terminate the purchase and sale agreement concluded with the seller and demand the return of the funds paid by him.”

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:

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

In what cases can the seizure of a car by bailiffs be challenged?

According to current legislation, the arrest procedure cannot be carried out if the car belongs to:

one of the debtor’s family members (for example, the husband’s car should not be seized for the wife’s debts or vice versa);
a disabled person, and he needs it for movement;
a debtor whose work is directly related to the use of a car he owns (taxi, freight transportation, etc.).

If the owner of the vehicle fits one of the above categories, but the arrest was still made, it’s time to go to court.

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.

Who has the right to seize a car and in what cases?

This procedure can be initiated by a decision:

court when satisfying the claim of any organization or government agency (bank, social security department, etc.);
customs authorities;
bailiffs.

There are many reasons why a car is seized. The most common of them are unpaid utilities, overdue loans, debts for alimony or traffic police fines. Also, punitive sanctions can be initiated for non-payment of taxes or for violations of customs clearance of a car (for example, the owner, in order to avoid paying a fee to the state treasury, imports it from abroad for spare parts, etc.).

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:

The convicted person does not have a permanent place of residence.
The characteristics and personality of the criminal indicate that the court has no reason to trust him.
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:

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

What are the risks of buying a seized car?

Some owners, after a car has already been seized, try to get rid of it. And there are buyers for such vehicles: they are attracted by the relatively low cost. If you make such a transaction knowingly, remember that you will not be able to legally complete the purchase. All seized vehicles are included in the traffic police database.

Often, the buyer simply does not know that the car sold to him is under arrest. Having contacted the traffic police, the newly-minted owner is denied registration of the vehicle. That is, you seem to have a car, but he cannot use it legally.

In this situation, there are several options:

Try to get punitive sanctions lifted. True, this is only possible in a situation where the seizure occurred later than the conclusion of the purchase and sale agreement for the vehicle.
Try to negotiate peacefully with the seller to terminate the transaction and return the money by sending him a corresponding claim in writing. The effectiveness of such actions is very doubtful, since the owner of the car perfectly understood the illegality of his act, which means that persuasion most likely will not work on him. Often the seller simply hides, turns off the phone and does not want to get in touch.
If the second option does not work, you will have to file a claim to terminate the transaction and return the funds. The buyer has every right to do this in accordance with Article 460 of the Civil Code of the Russian Federation. Here you need to remember the following: if the transaction amount is less than 50 thousand rubles. - you should contact the magistrates, if more - the district court.

Practice shows that in the vast majority of cases your claim will be satisfied, but be prepared for the fact that the legal proceedings will take about 2 months.

An important point when drawing up a purchase and sale agreement (SPA) is to indicate the actual cost of the car. Often, by mutual agreement, a much smaller amount is fixed on paper. At the same time, the buyer should understand that if, for example, he actually paid 500 thousand rubles for the purchase, and the contract indicates half that amount, it will be very difficult to return the money in full. After all, the court does not need words, but documented evidence.

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.

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.