Restrictions and prohibitions during house arrest. What are the consequences of violating the regime

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.).

Restrictions and prohibitions during house arrest

Each court order contains the conditions for conducting a home arrest - a number of restrictions or prohibitions, as well as exceptions, which the arrestee must strictly observe.

Depending on the prevailing circumstances, the conditions in each case will be different, but we will consider the most common of them below.

Can't communicate with other people

Exception: you can maintain contact with a lawyer and investigator, as well as with close relatives - their list is indicated in the resolution.

You can't leave your home

Exception: sometimes authorized persons are allowed to go for a walk. But at a strictly defined time of day. At the same time, going out on the street at night (from 22:00 to 6:00) is strictly prohibited for everyone without exception.

Can't go to work

Exception: you can switch to remote work if you agree on this with your employer.

House arrest is a valid reason for the suspect's absence from work and cannot be grounds for his dismissal.

You cannot approach certain places and objects closer than the distance specified by the court.
You cannot participate or attend certain events.

Exception: you can take part in court hearings and other events related to the case of the arrested person.

You cannot drive a car or other vehicles.

You cannot use any means of communication - cell phone, smartphone, Internet, postal mail.

Exception: you can call by phone to call an ambulance, police, fire department, Ministry of Emergency Situations, or, for example, to contact the investigator leading his case. Contact with close relatives may also be allowed.

Changing the conditions of house arrest is possible by filing a petition with the court

According to Article 107 of the Code of Criminal Procedure of the Russian Federation, house arrest as a preventive measure is chosen by a court decision and consists of keeping the suspect or accused in complete or partial isolation from society in the residential premises in which he lives as the owner, tenant or on other legal grounds, with imposing restrictions and (or) prohibitions and exercising control over it.

The court decision on choosing a preventive measure in the form of house arrest indicates the conditions for the execution of this preventive measure (the place where the suspect or accused will be located, the period of house arrest, the time during which the suspect or accused is allowed to stay outside the place of execution of the preventive measure in the form of house arrest). arrest, prohibitions and (or) restrictions imposed on the suspect or accused, places that he is allowed to visit).

Restrictions can be changed by the court at the request of the suspect or accused, his defense attorney, legal representative, as well as the investigator or interrogator who is handling the criminal case.

In judicial practice, decisions to change the conditions of detention of an accused under house arrest at the request of the accused or his defense attorney have already been made more than once.

Of interest in this part is the appeal ruling of the judicial panel for criminal cases of the Supreme Court of the Republic of Kalmykia, which explains the possibility of such a change in conditions at the request of the defense (given below)

DECISION OF APPEAL

Elista July 6, 2015

Judicial Collegium for Criminal Cases of the Supreme Court of the Republic of Kalmykia, consisting of:

presiding officer – V.I. Ilzhirinov,

under secretary S.V. Kuturova,

with

prosecutor Semenov A.O.,

accused M.V.S., his legal representative M.B.I. and defender Dorzhinova K.Yu.,

considered in open court the case on the appeal of the defender Dorzhinova K.Yu. to the decision of the judge of the Elista City Court of the Republic of Kalmykia dated June 11, 2015, according to which her petition to change the place of execution of house arrest for the accused M.V.S. was left without consideration. and allowing him daily walks lasting at least 2 hours.

After listening to the speeches of the accused M.V.S., his legal representative M.B.I. and defender Dorzhinova K.Yu., prosecutor Semenov A.O. on satisfying the appeal, canceling the decision and sending the petition for a new trial, judicial panel

installed:

by order of the judge of the Elista City Court of the Republic of Kalmykia dated April 24, 2015 in relation to the minor M.V.S., *** suspected of committing crimes under paragraph “b”, part 2 of article 158, part 3 of article 30 , clause "b" part 2 of article 158, clause "b" part 2 of article 158, subparagraph “a”, “b” part 2 of article 158, point “b” part 2 of article 158, point “b” part 2 of article 158, point “c” part 2 of article 158, clause “c” part 2 of article 158, clause “c” part 2 of article 158 of the Criminal Code of the Russian Federation, a preventive measure was chosen in the form of house arrest for a period of 2 months, namely until June 21, 2015, at the address: * ** and prohibitions have been established on leaving the specified household, communicating with victims and witnesses in a criminal case, sending and receiving postal and telegraphic items, using communications and the Internet information and telecommunications network.

Defender of Dorzhinov K.Yu. On July 11, 2015, she filed a petition with the Elista City Court to change the place of execution of house arrest for the accused M.V.S. and allowing him daily walks lasting at least 2 hours. She justified that the residential premises at ***, where house arrest is being carried out, does not have the necessary conditions for the residence of the minor accused M.BC, since he is deprived of the opportunity to communicate with his parents, maintain personal hygiene, his parents entered into a rental agreement apartment at the address: ***, also indicates that the judge did not resolve the issue of his daily walks in the fresh air. He asks to change the place of execution of M.BC’s house arrest from his previous residential premises to a residential premises, the rental of which was concluded by his parents, and also to allow him to take daily walks for at least 2 hours.

By order of the judge, the petition of defense attorney K.Yu. Dorzhinova. left without consideration for the following reasons. Article 107 of the Code of Criminal Procedure of the Russian Federation on house arrest provides for the possibility of changing the restrictions established when choosing this preventive measure, and not the residential premises in which the accused must be located. The issue of changing the residential premises is subject to consideration in a different manner, including by contacting the body entrusted with the execution of the court decision. The argument that when house arrest was applied to the accused, the issue of his daily walks in the fresh air was not resolved is a challenge to the legality and validity of the judge’s decision to select a preventive measure, for which a different appeal procedure is provided.

In the appeal, Dorzhinov’s defender K.Yu. asks the judge to cancel the judge’s decision, satisfy the petition and change the place of execution of house arrest for the accused M.V.S. from address *** to address *** and allow him daily walks lasting at least 2 hours. Indicates a deterioration in the conditions of the accused’s stay in the living quarters in which he is under house arrest. The accused is deprived of the opportunity to communicate with his parents, has limited personal hygiene, and is deprived of a living room due to the arrival of relatives. Changing the place of execution of house arrest will not impede his availability for investigative actions. The parents of the accused entered into an agreement to rent an apartment at the address: ***. In addition, M.V.S. deprived of the right to go outside and is constantly in a confined space.

Having checked the case materials and the arguments of the appeal, the judicial panel finds the judge’s decision subject to cancellation on the following grounds.

According to the content of this norm of the criminal procedure law, the residential premises in which the accused is isolated, and the time during which he is allowed to stay outside the place of execution of the preventive measure in the form of house arrest, are restrictions established by the court in relation to him, that is, they can be changed by the court at the request of the defense attorney.

In this regard, the panel of judges finds that the judge asked the defender Dorzhinova K.Yu. about changing the accused M.V.S. places of execution of house arrest and permission for him to take daily walks were left without consideration, contrary to the above provisions of the law.

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.