{"id":176112,"date":"2025-11-17T17:00:00","date_gmt":"2025-11-17T14:00:00","guid":{"rendered":"https:\/\/bukvaved.top\/v-chjom-raznica-mezhdu-arestom-i-tjuremnym-zakljucheniem\/"},"modified":"2026-10-28T15:53:08","modified_gmt":"2026-10-28T12:53:08","slug":"what-is-the-difference-between-arrest-and-imprisonment","status":"publish","type":"post","link":"https:\/\/bukvaved.top\/en\/v-chjom-raznica-mezhdu-arestom-i-tjuremnym-zakljucheniem\/","title":{"rendered":"What is the difference between arrest and imprisonment?"},"content":{"rendered":"<p><strong>A pretrial detention center is a facility used primarily to house individuals in pretrial detention (suspects or defendants who have not yet been convicted) while a prison or correctional facility is used to serve an already imposed prison sentence. The person in pretrial detention<\/strong> A person held in pretrial detention is considered innocent until a court finally rules otherwise. The convicted person is serving a sentence for a crime for which he or she has already been found guilty.<\/p>\n<p> To sum it up<\/p>\n<ul>\n<li> <strong>In the detention center<\/strong> the ongoing criminal proceedings are carried out, <strong>and in prison<\/strong> \u2014 execution of the final sentence.<\/li>\n<li> Detention centers mainly hold <strong>persons in pre-trial detention<\/strong> - they are considered innocent; they are kept in prisons <strong>convicts<\/strong> .<\/li>\n<li> Contacts of a person in pre-trial detention with the outside world (e.g. visits) depend on the consent of the court or the prosecutor, while contacts of a convicted person depend on the provisions of the execution of the sentence.<\/li>\n<li> Both institutions are under the jurisdiction of <strong>Prison Service<\/strong> , and in everyday speech they are sometimes called &quot;prisons&quot;.<\/li>\n<\/ul>\n<h2> What is a detention center?<\/h2>\n<p> In accordance with Article 87 of the Criminal Code of the executive branch <strong>, Pre-trial detention is carried out in pre-trial detention facilities<\/strong> . Pre-trial detention facilities are subordinate to the Minister of Justice and may operate as independent units or as separate prison branches.<\/p>\n<p> <strong>Preliminary conclusion<\/strong> is the most stringent preventive measure in criminal proceedings. It is applied exclusively <strong>by court<\/strong> \u2013 at the prosecutor&#039;s request during preparatory proceedings \u2013 for the period specified in the ruling, which may be extended. The Criminal Procedure Code (Article 258) lists as grounds, among other things, a well-founded fear that the accused will flee or abscond, as well as fears that the accused will obstruct the proceedings, for example, by inciting witnesses to perjury.<\/p>\n<p> The purpose of detention is not punishment, but <strong>ensuring the proper conduct of legal proceedings<\/strong> . Time spent in custody is subsequently counted towards the sentence if a guilty verdict is reached.<\/p>\n<h2> What is a prison (place of detention)?<\/h2>\n<p> <strong>Penitentiary<\/strong> \u2014 this is the official name of what we commonly call a prison. It contains people <strong>, sentenced to imprisonment on legal grounds<\/strong> . The purpose of imprisonment is to serve a sentence and, in accordance with the principles of criminal law, prepare the convicted person for life in freedom.<\/p>\n<p> The Executive Criminal Code provides for various types of prisons, including for juvenile offenders, first-time offenders, and repeat offenders. Each type can function as <strong>closed, semi-open or open<\/strong> These types differ in the level of security and isolation, and therefore in the freedom of movement of prisoners within and outside the institution.<\/p>\n<h2> Pre-trial detention center and prison \u2013 comparison<\/h2>\n<table>\n<tbody>\n<thead>\n<tr>\n<th> Characteristic<\/th>\n<th> Detention center<\/th>\n<th> Correctional facility (prison)<\/th>\n<\/tr>\n<\/thead>\n<\/tbody>\n<tbody>\n<tr>\n<td> <strong>Who&#039;s left?<\/strong><\/td>\n<td> These are mainly persons in pre-trial detention (suspects, accused).<\/td>\n<td> Final guilty verdicts<\/td>\n<\/tr>\n<tr>\n<td> <strong>Human status<\/strong><\/td>\n<td> Presumption of innocence<\/td>\n<td> Guilt confirmed by a final court decision.<\/td>\n<\/tr>\n<tr>\n<td> <strong>Purpose of stay<\/strong><\/td>\n<td> Ensuring the initiation of criminal proceedings<\/td>\n<td> Execution of a prison sentence<\/td>\n<\/tr>\n<tr>\n<td> <strong>Base<\/strong><\/td>\n<td> Court decision on temporary arrest<\/td>\n<td> The final verdict<\/td>\n<\/tr>\n<tr>\n<td> <strong>Duration of stay<\/strong><\/td>\n<td> Determined by the court, with the possibility of extension.<\/td>\n<td> This is a consequence of punishment.<\/td>\n<\/tr>\n<tr>\n<td> <strong>Visits and contacts<\/strong><\/td>\n<td> This requires the consent of the body in whose custody the arrested person is located (the court or the prosecutor\u2019s office).<\/td>\n<td> Based on the principles of the Criminal Code, the amount of payments depends, among other things, on the type of institution.<\/td>\n<\/tr>\n<tr>\n<td> <strong>Who&#039;s driving?<\/strong><\/td>\n<td> Prison Service<\/td>\n<td> Prison Service<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<h2> What is life like in prisons and jails?<\/h2>\n<p> The most significant practical difference concerns <strong>contacts with the outside world<\/strong> . A person in pretrial detention may receive visits only after obtaining consent from the authority in charge of their detention\u2014usually the prosecutor during the investigation and the court after charges are filed. Refusal is permissible if there is a reasonable fear that visits will be used to obstruct the trial or commit a crime. Similar restrictions may apply to correspondence and phone calls, as law enforcement agencies seek to prevent, for example, obstruction of justice.<\/p>\n<p> In prison, the rules are more predictable and follow from laws and regulations, and depend on <strong>type of institution<\/strong> and the prisoner&#039;s behavior, as well as other factors. Prisoners can work, study, or participate in rehabilitation programs, and in semi-open and open facilities, they have greater freedom of movement.<\/p>\n<h3> Are there any convicted persons in pre-trial detention?<\/h3>\n<p> Yes. In practice, pretrial detention centers often have sections for convicted prisoners, and prisons often have sections for detainees. <strong>Legal status of a person<\/strong> , not the building itself, determines who is placed in which department. Therefore, the name of the department does not always indicate whether a person is in custody or convicted.<\/p>\n<h2> Arrest, detention, imprisonment \u2013 how to avoid confusing these concepts?<\/h2>\n<p> In everyday speech, the word &quot;arrest&quot; has several different meanings. It&#039;s important to distinguish between them:<\/p>\n<ul>\n<li> <strong>Detention<\/strong> \u2013 short-term deprivation of liberty by the police or other authorized bodies, for example, in a pretrial detention cell at a police station. This is not the same as temporary arrest.<\/li>\n<li> <strong>Preliminary conclusion<\/strong> \u2013 a preventive measure ordered by the court and carried out in a pre-trial detention facility.<\/li>\n<li> <strong>Arrest<\/strong> \u2014 This is a punishment for a minor offense under the Code of Minor Offenses. It lasts from 5 to 30 days and is measured in days. Despite its name, it is a punishment, not a preventive measure.<\/li>\n<li> <strong>Imprisonment<\/strong> - punishment for a crime served in prison.<\/li>\n<\/ul>\n<p> If you or someone you love finds yourself in a situation where you may be detained or arrested, please contact <strong>lawyer or legal consultant<\/strong> . This text is for informational purposes only and does not constitute legal advice. Rules regarding pretrial detention are subject to change, and the details depend on the specific case.<\/p>\n<h2> Frequently Asked Questions (FAQ)<\/h2>\n<p> <strong>What is the difference between arrest and imprisonment?<\/strong><\/p>\n<p> Pretrial detention centers primarily hold individuals awaiting trial and who are presumed innocent. Prisons, or correctional facilities, are where convicted individuals serve their sentences.<\/p>\n<p> <strong>Who makes the decision on pre-trial detention?<\/strong><\/p>\n<p> Only the court. In pre-trial proceedings, this is done at the prosecutor&#039;s request. The decision to impose pre-trial detention may be appealed.<\/p>\n<p> <strong>Is time spent in custody taken into account when sentencing?<\/strong><\/p>\n<p> Yes. The period of pre-trial detention is counted towards the sentence imposed in the event of a guilty verdict.<\/p>\n<p> <strong>Can I visit someone who is in pre-trial detention?<\/strong><\/p>\n<p> Yes, but a visit requires permission from the agency supervising the arrested person\u2014usually the prosecutor during an investigation or the court during a trial. The request must be submitted to this agency.<\/p>\n<p> <strong>Is a prison sentence equivalent to pre-trial detention?<\/strong><\/p>\n<p> No. Pretrial detention is a punishment for a minor offense, lasting from 5 to 30 days. A pretrial detention center is a correctional facility where pretrial detention for criminal cases is carried out.<\/p>\n<h2> See also<\/h2>\n<ul>\n<li> What is the difference between restriction of liberty and imprisonment?<\/li>\n<li> What is the difference between a felony and a misdemeanor?<\/li>\n<li> What is the difference between a collision and an accident?<\/li>\n<li> What is the difference between a legal adviser and an attorney?<\/li>\n<\/ul>","protected":false},"excerpt":{"rendered":"<p>A pre-trial detention center is a facility used primarily to house individuals in custody (suspects or accused persons who are still<\/p>","protected":false},"author":1,"featured_media":176113,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[67,20],"tags":[70],"class_list":["post-176112","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-vopros-otvet","category-fakty","tag-chem-otlichaetsya"],"_links":{"self":[{"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/posts\/176112","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/comments?post=176112"}],"version-history":[{"count":1,"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/posts\/176112\/revisions"}],"predecessor-version":[{"id":176114,"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/posts\/176112\/revisions\/176114"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/media\/176113"}],"wp:attachment":[{"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/media?parent=176112"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/categories?post=176112"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bukvaved.top\/en\/wp-json\/wp\/v2\/tags?post=176112"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}