| An arrest (criminal) is a type of criminal punishment, the nature of which lies in the holding of a person who has violated the rules and sentenced in the conditions of isolation from society.
In criminal law, there is assigned as one of the main types of punishment (up to six months). If the replacement of compulsory or corrective jobs by arrest takes place, then it may be assigned up to one month.
The following can not be subjected to punishment in the form of arrest: a person below 16 years at the time of criminal sentencing, pregnant ladies and ladies that have children up to 8 years.
Personnel sentenced to arrest should serve out their punishment in detention facilities in place of sentencing (not used at present). Personnel of the armed forces serve out arrest at the guard room.
Arrest as a measure of suppression – the type of procedural pressure with respect to criminal cases towards a suspect or criminal defendant resulting in a temporary withdrawal of freedom for him.
Arrest as measure of suppression is assigned by the verdict based on the petition of the public prosecutor, investigator and patrol investigator.
Arrest as measure of suppression is a synonym of concepts of custodial placement and custody.
Conditions for selecting the suppression measures:
A person may be hiding from preliminary investigation and/or court authorities;
A person may put obstacles onto criminal case procedures in the form of pressure on witness and victims, deletion or falsification of evidence and other actions;
A person may be continuing to perform criminal activities;
Arrest (administrative) is the type of administrative penalty of holding the person, who has violated the rule and sentencing the person in conditions of isolation from society.
Administrative arrest is assigned only in a court order and only for the heaviest faults (persistent disobedience to legal order or to the requirements of police, serviceman, small hooliganism etc.) when usage of other measures of punishment (for example a fine) are not sufficient.
|
