A recognizance not to leave is a measure provided for by the Code of Criminal Procedure to deter a person accused or suspected of committing a crime from taking actions that impede the progress of the investigation, as well as those aimed at avoiding responsibility.
It is a written document obliging the person in respect of whom it acts not to leave the place of residence or location without the consent of the prosecutor, investigator or court.
Grounds for imposing a preventive measure
It should be noted that a recognizance not to leave is one of the easiest restrictions on legal human rights. Such a preventive measure is imposed only in those exceptional cases, when the investigating authorities have sufficient reason to believe that a person can and has the opportunity to hide. At the same time, this form of restriction of human rights is abstract. If the investigating authorities knew for sure that the person had directly or indirectly participated in the commission of the crime and could have disappeared, another measure would have been chosen, for example, detention.
In addition, when assigning a measure such as a recognizance not to leave, certain circumstances must be taken into account. This applies primarily to the severity of the offense, the age of the suspect or the accused, his state of health, family problems and other subjective factors.
Bodies and officials authorized to choose a preventive measure
The list of persons authorized to take preventive measures is clearly enshrined in the CPC. So, the decision on recognizance not to leave is authorized to accept persons committing the inquiry, investigation, as well as the court. If a person urgently needs to leave his place of residence or location, he must submit a written request to the official who leads the investigation to obtain written permission to perform such actions. The official conducting the inquiry may either allow the person to leave the place of residence or prohibit it. In case of a positive result, a written document is drawn up. A copy of it is transferred to the accused or suspect.
In case of refusal, the accused, in respect of whom a recognizance not to leave is valid, may appeal this decision to the prosecution authorities.
The timing of the election of preventive measures
It should be noted that a recognizance not to leave can be selected for both the suspect and the accused. If such a preventive measure is imposed on the suspect, it amounts to 10 days. If after this period he is not charged, the subscription loses its validity. On the other hand, a subscription should be terminated by an appropriate regulation. If he is not there, and after 10 days the person has violated this subscription, and he has not been charged, it is unlikely that negative consequences will occur.
The situation is different for the accused. If a recognizance not to leave is valid for him, the terms for which it applies are indicated directly in the document. If it states that it is valid until the end of the investigation, then you have to wait. In addition, a recognizance not to leave may indicate that its effect extends to the entire period of the trial.