Proposed changes to Russia’s pre-trial detention rules for parents with young children

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In Russia, a proposal has emerged to exclude pregnant women and single fathers raising children under 14 from being placed in pre-trial detention centers (SIZOs). A major news outlet highlights this development as part of amendments to a Supreme Court bill prepared by the Federation Council. The draft notes that the change would not apply to individuals suspected of especially serious crimes, terrorism, hostage-taking, or rioting, or in cases where the accused is evading investigation.

The proposed changes are slated for discussion in the State Duma committee after November 22. The Moscow Public Monitoring Commission sees potential benefits in easing the burden on detention facilities if the plan is adopted, arguing that families deserve protection from abrupt separation during preliminary proceedings.

Andrei Kutepov, who chairs the Federation Council Economic Policy Committee, drafted the amendments. They would remove pregnant women and single fathers with children under 14 from the list of individuals sent to pre-trial detention centers. According to the committee chair, detention should not be used against mothers with children under 14, regardless of whether the father is present. The amendments were forwarded to the State Duma committee on state building and legislation for consideration.

In an interview with Izvestia, the senator stated that the proposed changes aim to shield families from the unfair and disruptive separation of children from their parents during a time when the parent has not yet been found guilty of a crime.

The explanatory note accompanying the changes argues that imprisoning a parent, even for a short period, harms minor children and can expose them to emotional and developmental stress. It notes that the child might be left in the care of others or placed in a suitable institution, which could affect their psychological well-being. The senator emphasized that exceptions would be made in situations where pregnancy or single parenthood cannot be avoided by the authorities. This is particularly relevant for individuals suspected of serious crimes, offenses against life, health, liberty, or the sexual integrity and freedom of minors, as well as acts of terrorism, including international terrorism, terrorist attacks, or calls for justification and propaganda of terrorism. Exceptions would also cover hostage-taking, hijacking, armed insurrection, and attempts on the life of government or public figures.

Additional exceptions are proposed for cases where the suspect or accused lacks a permanent residence, has fled from pre-trial investigation authorities or the court, or has violated a previously imposed preventive measure.

Kutepov remains confident that the reforms would not create avenues for avoiding criminal liability or complicate the work of investigators. He argues that reducing the frequency of detention for pregnant women or single parents would enable the use of alternative preventive measures and give families time to prepare for the possibility of separation, while acknowledging that punishment may be necessary without subjecting children to undue stress in detention facilities.

Beyond detention, Russia uses various preventive measures such as travel bans, personal guarantees, restrictions on certain actions, bail, and house arrest. The discussion unfolds amid broader debates about balancing public safety with family welfare in the context of pre-trial procedures.

Earlier, there were discussions at AvtoVAZ concerning the possibility of employing prison labor under certain conditions. This context underscores ongoing debates about how the state should handle preventive measures while preserving family integrity and social stability.

As the national conversation continues, observers note the impact on families and the broader implications for the justice system, stressing the need for careful policy design that protects children while maintaining effective law enforcement and due process. These developments are being watched closely by legal practitioners, civil society groups, and international partners who track human rights and family welfare standards.

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