The highest measure of restraint in accordance with the current criminal procedure legislation is detention. This measure may be imposed by the court for suspects and accused of committing crimes of certain categories, as well as in other exceptional cases.
Measures of restraint are imposed on suspects accused of committing crimes for the period pending the sentencing of the court. The highest measure of restraint is taken into custody, the exclusive right to the appointment of which is given to the court. The general rule determines that this measure of restraint can be selected only when committing crimes for which imprisonment for a period of more than three years can be imposed. Even in this case, the court must conclude that it is impossible to determine another, milder measure of restraint for the period of inquiry, investigation, trial. At the same time, the court decision formalizing the purpose of this measure cannot be unreasonable, it must contain references to specific circumstances (for example, the results of operational-search activities) that served as the reason for such a decision.
Exceptional Cases of Appointing a Capital Restraint
In some cases, the highest measure of restraint can be imposed by the court even on suspicion, accusation of committing an unlawful act of minor gravity, the responsibility for which does not reach three years in prison. This option is possible in cases when it was not possible to establish the identity of the suspect or accused person, as well as in the absence of a permanent place of residence in the Russian Federation. In addition, the appointment of detention is possible in case of unsatisfactory behavior of such a person, which means a violation of a previously appointed preventive measure, flight from judicial and investigative bodies. If such a measure is imposed on a minor, then he must be suspected, accused of a grave, especially grave crime (imprisonment for a crime of average gravity is allowed in exceptional cases).
The procedure for the appointment of the highest measure of restraint
A preventive measure in the form of taking into custody is appointed by a judge only if there is a corresponding petition from an investigator, an inquiry officer. These officials are obliged to substantiate in writing the need to choose this particular measure, to provide evidence supporting their arguments. The issue of imposing a preventive measure is resolved in a separate court session, to which the suspect or the accused person is obligatorily brought. When considering a petition, the judge may grant it or refuse to impose this measure. In the second case, the court can independently order house arrest or bail.
