In the state Duma a bill that offers in determining the sentence of imprisonment to include a stay under house arrest until the trial is based “two in one day”. Now and one day in jail, and one day under house arrest are counted equally.
Meanwhile in the state Duma almost 8 years waiting for the adoption of another bill about changing the system of classification, but the Russian government in General this decision is still not ready…
photo: Alexei Merinov
The bill, introduced on 25 February a group of deputies from the faction “WED” headed by Sergey Mironov proposes to add to article 72 of the Criminal code of the Russian Federation new regulations on credit time spent under house arrest before the court in a term of imprisonment of two days in one day. Now the credit mechanism are the same and waiting for the verdict in jail, and for those who have been under house arrest: day by day.
Mr. Mironov explained the position: “is it Possible to compare the conditions of detention in the remand prison or other place with stay at home in familiar surroundings, warm cozy Slippers and pajamas? And when it comes to such character, as Evgenia Vasileva, house arrest seems to be not a strict measure, but rather a comfortable holiday in a five star hotel…”
The Supreme court “conceptual” bill approved. The judge made only one remark: the citizen and can be sentenced to corrective works, obligatory works, restriction of freedom, forced labor, and features of the overall term of house arrest under such penalties should be set out separately.
The government the idea is not supported. The main argument in the official review was “the legal position of the constitutional court” set out in the decree of 6 December 2011, where house arrest and detention referred to as “the most stringent measure of restraint”. The COP comes from the fact, government lawyers argue that “house arrest and detention… related to forced residence of the suspect, the accused in a confined space, isolation from society, the cessation of performance of official or other employment duties, impossibility of free movement and communicate with unspecified persons, that is, from the direct restriction of the right to physical freedom and personal security, and not only with the conditions of their implementation”.
The former head of the property Department of the Ministry of defense Evgeny Vasilyev was sentenced to 5 years of imprisonment in colony of General regime for fraud. She had served 34 days in the colony in the Vladimir region, 77 days in a Moscow prison and 897 days under house arrest in his luxury semicomatose apartment in Molochny lane.
photo: Gennady Cherkasov
If you read the court’s decision, you may find that the judge did not set a goal to compare two measures of restraint by the degree of rigidity, but arranged to house arrest the judge awarded taking into account health status, marital status, age and other special circumstances, thereby acknowledging that the house arrest measure softer than stay in prison…
Over 897 days of the “conclusion” she had to paint over a hundred paintings and put them in the gallery.
This is not the first attempt to make the procedure of classification of period of stay in custody prior to sentencing more equitable: a year ago the state Duma adopted in the first reading the bill introduced on behalf of deputies from “ER”, “CP” and the Communist party back in 2008, where the authors came from the other side. The rule “day by day” offered to leave only for those sentenced to prison or the colony of special regime, but to equate one day in jail for one and a half days in a penal colony or a juvenile correctional facility and two days of a colony-settlements. This principle is implemented in many countries of Europe and had acted previously in the USSR, deputies said, some security forces have taken to keep people in jail for years, forcing them to actually serve the sentence without the sentence.
About house arrest in the bill is not mentioned. But in the text, ready for the second reading, said “MK” head of the Duma Committee on legislation Pavel Krasheninnikov (United Russia), the amendment on this subject to make it is supposed. “This is an issue that lies on the surface” — so he appreciated the proposals of the colleagues from the SR.
But for the past year this initiative lies in the state Duma without movement. Why? “Consultations with our partners in law enforcement, the government, the presidential administration”, — diplomatically explains g-n Krasheninnikov. His colleagues in the house in informal conversations they say that first, the government “pulled up” for the sake of Evgenia Vasilyeva. But for some braking now — is unclear…
The chances of a solution before the end of this session and convening, Mr. Krasheninnikov has estimated as 50 on 50…