House Arrest as a Preventive Measure in Criminal Proceedings: Features of Modern Assessment

Abstract

The author, considering house arrest in the system of preventive measures in criminal cases, comes to the conclusion that house arrest is a relatively “mild”, but, nevertheless, a form of actual deprivation of liberty, is chosen only if there are the same grounds and conditions as detention. For detention and house arrest, the courts must apply the same grounds and conditions, assuming that there is sufficient evidence to believe that a person may abscond, obstruct the investigation, continue to engage in criminal activity; as well as the validity of the accusation of committing a specific crime, the impossibility of applying a milder preventive measure. House arrest may not be chosen arbitrarily in the absence of conditions and grounds for its application, even if there is a request for this by the defense.