Recently, a measure of criminal and administrative penalties as house arrest, is gaining popularity in the legal systems of the world.Recently, Russia began to actively use this operating time.But the most widespread domestic travel restrictions as punishment acquired in the United States - a country that is the undisputed leader in terms of the number of inmates in prisons.In the United States house arrest can easily replace imprisonment on any article of the criminal charges.In Western Europe, Russia and Punishment "home" is used only in certain types of offenses.
What house arrest?
In fact, called house arrest sentence, which can replace the standard prison.The purpose of punishment is home to restrict the freedom of movement of the offender and the ban on partial satisfaction of his needs and requirements.As an added bonus house arrest may also be intended to be limited to communicate with a particular person or group of persons by means of telephone conversations, internet correspondence and other means of communication.Thus, the restriction of freedom of the home involves the total or partial isolation of the offender from society that allows moral influence on him, and eventually he will repent and will no longer break the law.
house arrest as a preventive measure shall be established exclusively by the courts.In this house arrest may also be replaced on bail, but on a simplified basis.
restrictions are found for the offender's arrest at home
legal systems around the world constraints faced by the offender while under house arrest, differ depending on the gravity of the offense and the decision of the court.In addition, in some countries there are special regimes limit freedom of movement, which also provide a framework for human food, sleep, sexual satisfaction, and much more.Basically, these measures are used in South-West Asia.House arrest as a measure of punishment is widely used all legal entities around the world.At present, Russian law clearly attributed to all the restrictions that are imposed on the offender by placing him under house arrest.Among them:
- a ban on leaving the apartment or other housing facilities in a clearly specified time (often from 20.00 to 6.00);
- a ban on the movement beyond the boundaries of the village, administrative area, region (province, country);
- banned from visiting prisoners home entertainment and other social events with many people;
- not allowed to change the place of residence and stay illegally, without prior notification of the investigating authorities;
- in some cases, the offender is not allowed to attend public places (but not all), or objects located in the village;
- is strictly forbidden to change their place of work and place of study without written permission of the criminal inspection.
should pay particular attention to the fact that only a court can determine a punishment as house arrest.Regulation should clearly explain the reasons for this decision and all the nuances and peculiarities of serving the sentence.
Additional measures under house arrest
addition to the basic restrictions related to the lack of free movement and displacement, the inspection also introduces criminal offenders under house arrest, additional control measures.
1. The offender must each month (from 1 to 5 times, depending on the decision of the court) to be inspected and celebrated there.If at least once a convicted person did not deign to appear, the court may supplement the restrictions and tighten the serving of punishment, provided that the offender does not provide strong evidence of respectfulness pass registration (certificate from the hospital).
2. Several times a month (in some cases a week) visits the convicted Inspector of Supervision, which may also request a response from the place of work or study, interviewed neighbors on the subject of crime, and more.If the behavior of the convict satisfactorily, the court may mitigate the conditions of house arrest.
3. Good Conduct convicted person may be encouraged early withdrawal penalty, permission to visit relatives in another city on weekends and holidays or vacation to get away from home.It may also be reduced by the period of house arrest.
4. But for the violation of the regime of the convict could plunge an additional sanction on the part of the inspection and the court, up to extend the punishment.
What is considered a breach of house arrest?
Our legislation provides that in certain circumstances, the convict may be further punished if he commits the following:
1. Do not appear on the registration with, or registered in the penal fee without good reason.
2. fail to comply with court rulings on restrictions of various kinds.
3. Do not come into the criminal committee after written notice to testify.
4. Repeatedly commits an offense for which he already carries a punishment.In this case, the court decision on house arrest will expire, and the convict will serve his confinement in prison.
5. disturb public order.
6. Do not execute a court order for compulsory execution works or will not comply with them properly.
Under what conditions will be recognized as a prisoner worst offender conditions of house arrest?
In some cases stipulated by criminal law and procedure, a convicted person may be considered a repeat infringer prerequisites serving domestic punishment.
1. If the offender voluntarily change its place of residence or place of permanent residence and does not notify the commission of the criminal during 1 month.
2. The offender did not appear to the Commission on the place of residence in accordance with the court order several times without good reason.
3. Repeated violation of terms of punishment within 1 year, even after the court to apply an official warning concerning the convicted person of the failure of its obligations under the law.
4. The perpetrator refuses to use the technical means of surveillance without notification and authorization of the Executive Committee and the courts.
economic activities: what to do to receive a sentence of house arrest?
When performing some illegal activities in the field of economic activities, the court may punish the offender restriction of freedom.But while the violators of tax laws, this preventive measure is not widely applied.In this case, the offender will pay substantial fines and go to public works, however, if the violation of multiple, avoid the restrictions of movement it will not succeed.
Currently in the economy may restrict the freedom in the following cases:
- if the offender carries out illegal business or commercial activity (Article 171 of the Criminal Code);
- people trying to legalize money and other material goods that they were obtained illegally as a result of breaking the law and criminal means, including intimidation, threats, etc.(st.174 CC);
- purchase or sale of the property, which was obtained by criminal means (st.175 Criminal Code);
- forcing third parties to a deal or refusal of its fulfillment in the initial conditions (st.179 Criminal Code);
- forgery of securities for the purpose of resale to third parties and smuggling (Article 186, 188 of the Criminal Code);
- illegal sale and purchase of precious metals, stones, jewelry and antiques (Article 191 of the Criminal Code).This item is considered to be one of the most serious, in which case the decision of the court house arrest immediately lose its legitimacy;
- cheating the state executive bodies of the bankruptcy of the enterprise, concealment of real incomes, the information about the property, including its location, value and number, etc.(st.195 CC).
Historical aspects of the development of conditions of restriction of freedom in Russia
Despite the fact that both the home penalty restriction of liberty is used not so long ago, such a punishment was envisaged the Russian legal system for centuries.
Thus, in the Russian Empire in the assembly of the laws "On the penitentiary and criminal penalties" provided for house arrest.He was short and did not exceed six months, applies only to the nobles, the officer ranks and government officials of all stripes.A decision to accept the organ, which considered a violation of (the disciplinary commission or criminal Committee), he also determines the conditions of the legal phenomenon as house arrest.The punishment, incidentally, was not very strict.
After the October Revolution of 1917, this penalty has been excluded from the legal system in Russia.However, in 1923, she returned to house arrest.And in the Soviet era, the house arrest was very popular.Incidentally, it is worth noting that not all Soviet republics acted rate of forcible confinement, and some do not apply.As history shows, often the measure of restraint was used for residents of Russia, Ukraine, Belarus, Baltic and Caucasus.Central Asia is almost never used to house arrest.
house arrest was a popular punishment Soviet citizens who have violated the law until 1960.Then, from the criminal procedural law, this legal provision was deleted.The court house arrest could be applied only in cases where no one was injured, mostly in home confinement in the USSR were gossips and slanderers.
modern development of procedural law in Russia and the implementation of house arrest
Since 1960, Russian society has forgotten about house arrest, and it lasted until 2010.Then came into force the Law "On amendments to the criminal and procedural legislation» №377, which is actively supported by the Ministry of Justice and the President of the Russian Federation.And on January 10 of that year a Russian court for the first time in its independent history decided to accept the punishment of the criminal restriction on his freedom and house arrest.In our country, control over household prisoners carried out by means of special monitoring devices, made in the form of bracelets.
way, the Ministry of Justice suggests that the active implementation of this kind of punishment will relieve the prisons and colonies of nearly 30%.Statistics show that each year about 150 thousand. Violators may be deprived of freedom of movement.This greatly relieve the place to serve his sentence and, therefore, a good idea to save budgetary funds.Features
house arrest in Russia
In Western Europe and the United States may be subject to house arrest almost every criminal, regardless of the severity of the crime.In Russia, such a measure is only valid for the violations to moderate severity (assuming that there are some serious consequences).In our country, the restriction of freedom of a citizen who has committed a violation may not be more than 2 years.And despite the constant criticism from the European countries, in Russia, the house arrest as a preventive measure is considered the most liberal in the world.We did not put absolute limits when the convict can not even get out of his apartment, in the United States and France, or total restrictions on food and the satisfaction of primary and physiological needs.But at the same time we strictly punish violators terms of punishment.In the US, for example, the convict can disrupt a stay under house arrest many times, and yet it has not apply severe sanctions, in Russia, the convicted person will be required to report on his actions (such as participation in an unsanctioned rally), and in the absence of validthe reasons for his house arrest (which is essentially a virtual) can become quite real to prison overalls, gruel and "air in the box."By the way, the world practice of house arrest has shown that more than 80% of prisoners are no longer violate the legal foundations of their states.
against which categories of citizens in the Russian domestic use restriction of freedom?
Russian lawyers and human rights activists believe that the most effective punishment of house arrest is a juvenile.In fact, legal scholars point out that since 2010 almost every third juvenile offender in Russia serving a sentence of house arrest.Furthermore minors, the penalty of liberty restraint applied to politicians and public figures who, through their words or actions infringe on the constitutional foundations of law and order in Russia.
also house arrest as a preventive measure is widely used for libel, financial embezzlement, fraudulent activity, robbery and theft (provided that no crime was committed in especially large sizes).In fact, any punishment which does not exceed the 2-year period may be replaced by house arrest.
advantages of house arrest to be served in special institutions
in Russia, and throughout the rest of the world, house arrest has a number of significant advantages over the sentence to be served in jail or prison.In our country, the number of Correctional Services is relatively small, so almost all the prisons are overcrowded and prison.This leads to the fact that in the 4-bed chamber 8 sitting person.Thus, hygiene is disgusting, and prisoners are often sick.The state allocates a certain amount of money to ensure the offender of his food and clothing.Currently, the government spends about $ 300 a month for maintenance and catering offender.Translation of the perpetrators of minor crimes to domestic restriction of freedom, allowing the budget to save up to 4 billion. Rubles.In addition, each defendant could pay bail and house arrest for him over, but on condition that his guilt is small.
And for criminals advantages are obvious.Instead of having to sit in the chamber with the crowd "sister" and strictly comply with all prison rules and obligations, they will comfortably serve their sentences at home.
Foreign experience restrictions on freedom of Israel
In Israel house arrest as a preventive measure applied in solving family problems.In fact, all the family rowdies will serve their sentences at home.The decision on the application of the rule of law does not take the police and social workers, which in some cases equal rights with police officers.In parallel with the offender must be served regularly meet with psychologists to suppress his aggression.By the way, at home restriction of freedom of the offender substantially isolated from society.He is required to attend their work or educational institution, then must immediately return to his home.The truth in this case provided for shopping trips 2 times a week, a visit to a doctor, if necessary, and a trip to the family, in case of serious illness.A term of house arrest for the Israelis should not exceed 3 months.
Spain house arrest on weekends and holidays
Spanish - hot and emotional people.Therefore, they suffer mainly because of their incontinence.The law of this country the concept of house arrest is not at all, but then acts so-called temporary accommodation is compulsory prison.This penalty is provided for those offenders who have committed minor crimes, which provides for imprisonment for up to 12 days.This offender may request the court to be allowed to serve the sentence on weekends and holidays.By the way, almost 95% of cases, such penalties are football fans.House arrest as a punishment then used to suppress the protest movements.
