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What is House Arrest definition/concept

Criminal law in most countries relies on house arrest, a legal figure that normally applies to persons prosecuted in a case but who have not yet been convicted in court. As its name says, house arrest is the arrest of an individual inside the house while being punished in court. Therefore, it is a deprivation of liberty . In case of not serving the sentence, it means that the prisoner is committing an offence.

In what types of situations does house arrest take place?

As a general rule, when a person is being prosecuted before the law, preventive detention is considered until the end of the final  judgment. However, in some cases, the law provides for the possibility of replacing preventive detention with house arrest. This circumstance occurs for humanitarian reasons, that is, when someone is over 65, for health reasons or when women are in the pregnancy period. Normally this penal sanction applies to crimes considered to be of minor importance.

two different versions

The court’s decision to confine an individual to his home has two versions, a restricted and a more flexible one. In the first, the prisoner is under strict police surveillance, he cannot leave the house under any circumstances and his communications are restricted. In the second, the prisoner remains at home, but they have certain privileges such as receiving visitors, being able to go to work, accompany their children to school and maintain telephone contact abroad.

In any of these arrangements is worth involves the incorporation of a system of location permanent. To make this possible, surveillance systems have been incorporated in recent years through electronic radio frequency devices or GPS systems that allow the control of prisoners.

The other face of house arrest

In totalitarian regimes, house arrest often occurs. This circumstance happens because in these countries the judiciary system is not independent and is under the control of political power. In this sense, the adoption of this measure is not due to humanitarian causes, but is intended to limit the freedom of expression of prisoners, who normally suffer from house arrest for claiming fundamental rights that are not respected in their countries.

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