The whole process of a criminal case consists of various kinds of decisions, decisions and rulings of the court, investigation and inquiry bodies. They often restrict the freedoms and interests of the accused. This type of restriction is simply necessary for the objective advancement of the case (investigation) and the entire legal proceedings as a whole. Therefore, the legislator gives these deterrence methods a definition (preventive measures in criminal proceedings), consolidates their features and the specifics of each type.
Unlike other restrictions, the data have a specific source in which they are written - the Criminal Code of the Russian Federation. For example, they differ from administrative preventive measures in their ways of influence. Their coercion is psychological or physical in nature.
The concept of preventive measures and their types
Preventive measures in criminal proceedings - this is a temporary restriction of the rights of the individual, which is applied by the investigation, the prosecutor's office or other judicial authorities to the defendant. Sometimes such measures are also applied to suspected persons in the case, for example, when it is likely that the accused will hide from an inquiry, investigation, or trial, continue to commit crimes, or may prevent the establishment of truth in this process.
If measures of restraint (MP) are established for the suspect, then the prosecution must be charged with it by law enforcement authorities within 10 days from the application of this punishment, with the exception of charges under certain articles of the UKRF, for example, for a terrorist act or assistance in it. In these cases, the period is increased to 30 days. The list of such exclusion clauses is indicated in clause 2 of article 100 of the Criminal Code. If the suspect is not charged within the specified period of time, the MP is canceled.
Chapter 13 of the Criminal Code of the Russian Federation contains the concept, types and characteristics of preventive measures. According to this source of law, when choosing an MP, information about the personality of the suspect, his age, state of health, marital status, gravity of the committed act and other circumstances relevant to the case and the alleged offender are taken into account.
According to the legislation of the Russian Federation and the Criminal Code (Article 98), the following preventive measures may be taken for the defendant:
- personal guarantee;
- House arrest;
- supervision of a minor accused;
- monitoring the accused in a military unit;
- pledge;
- House arrest;
- detention.
The judge, interrogating officer or investigator shall issue a ruling on the selected MP for the accused, and the court shall issue a ruling that indicates for which crime the person is convicted and what punishment it must incur. The accused or his legal representative has the right to personally receive a written decision on the choice of a preventive measure and (or) determination, as well as an oral explanation of their appeal.
Personal guarantee and recognizance not to leave
Article 103 of the Criminal Code of the Russian Federation establishes one of the types of MP, namely personal guarantee, which consists in a written obligation of a person who has earned the trust of law enforcement agencies, that he bears full responsibility for the fulfillment of all necessary actions by the defendants (accused). He undertakes to ensure his appearance in the bodies of inquiry or investigation at their request and his proper behavior (not interfering with the course of the investigation or trial).
This punishment can be established by a written application sent to the competent authorities, with the consent of the accused or suspected person. In this case, the guarantor is explained all his duties, responsibility for their violation, as well as the very essence of the suspicion (charge). At the same time, the sanction for a guarantor that does not fulfill its obligations consists of fines of up to 10 thousand rubles.
Another preventive measure in the criminal process is a recognizance not to leave. This type consists in restricting the ability of the suspect (defendant) to leave the borders of a permanent or temporary place of residence. This can only be done if permission is obtained from the authorities. And also this MP implies the appropriate behavior of the person in relation to whom it is established: he is obliged to appear at the request of the bodies of inquiry and investigation, the court should not interfere with the criminal proceedings.
Supervised juvenile defendants
Preventive measures in criminal proceedings may be put forward to minors. In this case, the Criminal Code prescribes such a punishment as supervision of the accused. According to article 105 of the Criminal Code, such an MP is to ensure the appropriate behavior of the accused (suspected) children by their parents, legal representatives (guardians) or other adults who are trustworthy. If the child is (lives, studies) in a specialized children's institution, then such employees can take such a guarantee by writing a written commitment.
As in the case of personal guarantee for adult citizens, minors are being explained to their minors, their duties and responsibilities, as well as the essence of the charge (suspicion). In case of violations, a similar fine will be charged - up to 10 thousand rubles.
Pledge
The next preventive measure, enshrined in the Criminal Code, is a pledge. it depositing or transferring by the accused (suspect) of their own property to the competent authority responsible for the production of the criminal case in order to ensure the appearance of the investigator or the court.
Such a guarantee can be made both in the form of real estate, and as money, securities, stocks, bonds. Type, size and term of the deposit are elected by the court, taking into account the gravity of the crime, personal qualities and financial capabilities of the defendant. It should be noted that for criminal acts of medium or light degree, this type of preventive measure cannot be less than 50 thousand rubles, and for serious and especially serious - 500 thousand rubles.
A pledge in the form of money is paid into the deposit account of the court or the relevant authority. A protocol is drawn up on this fact, a copy of which is given to the person who made this amount.
In case of violation of the obligations of the accused (defendant), all funds, securities or property remain the property of the state. In other situations, they are returned to the mortgagor.
This type of preventive measure in criminal proceedings (Kazakhstan, the Russian Federation, etc.) can be installed at any time. The defendant (accused) or his representative may request to elect this MP by filing a petition.
Observation of the command of a military unit
Monitoring the accused in a military unit is also a preventive measure and consists in monitoring a soldier or undergoing military training for a person who is suspected or accused of committing a crime.
This kind of observation should be carried out by the command of the military unit, which explains the essence of the charges, duties and responsibilities arising from the adoption of this type of punishment. Such an MP applies only with the consent of the accused (suspect).
The main task during the observation is that the command in the case of inappropriate behavior of the alleged offender must inform the law enforcement authorities.
House arrest
In addition to those punishments that bear the psychological nature of coercion, there are restrictive measures restricting freedom (physical impact) in criminal proceedings. Article 107 of the Criminal Code establishes one of these - house arrest.
This preventive measure consists in the complete or partial isolation of the accused (suspect) within the walls of his own home. At the same time, he is constantly monitored, and some restrictions (prohibitions) are imposed on him. In private situations, when the prisoner’s state of health does not allow him to be detained in the house, or even more so in the cell, he is placed under the same conditions under the supervision of a medical institution.
Restrictions placed on an arrested person may include a ban on:
- exit from your own home;
- communication with some individuals;
- postal items (letters, parcels, etc.);
- use of telephone and internet.
It should be noted that the accused (suspect) can use the phone to call an ambulance, rescue service, etc.
House arrest can be established at the request for a period of not more than 2 months. But after this period, if necessary, the court may extend it.
Detention
And finally, preventive measures in criminal proceedings include detention. This type is provided for accused (suspected) of crimes for the commission of which may be punished by imprisonment for a term of more than 3 years, or for defendants who have committed less serious acts (involving up to 3 years of imprisonment), but while the offender does not have a permanent residence in the Russian Federation, his identity cannot be established, he had previously violated the milder MP issued in this case, or he was hiding from the investigating authorities.
This MP is the most stringent. The court ruling must contain arguments according to which she was elected. Law enforcement authorities have the right to appoint such a preventive measure only with the personal presence of the accused (suspect), except when he is put on the international wanted list.
At the time of investigation of the case, the period of detention cannot be more than 2 months, but if necessary, it can be extended by the court up to 6 months. A longer action of this preventive measure (up to 12 months) can be in case of grave and especially grave crimes, and with a very complicated, complicated investigation. The maximum term is up to 18 months for especially serious crimes in exceptional cases.
30 days before the expiration of the period of detention in custody, the suspect (defendant) or his counsel for defense shall be provided with all the materials of the investigation for examination.
In general, the period of such an arrest includes the time that the defendant was in custody as a suspect, the period of house arrest, compulsory stay of the accused in medical institutions by decision of the court, and the time when the person was in custody in the organs of a foreign state (before his extradition to the territory RF).
Modification or cancellation of a preventive measure
After considering preventive measures in criminal proceedings, the concept and types, you can familiarize yourself with the grounds for their change or cancellation. Complete cancellation of the MP occurs if the person is acquitted or when no charge has been made against the suspect within the specified time.
Changing the sentence to a milder one can be observed, for example, if the defendant is seriously ill (detention is replaced by house arrest). Moreover, the list of such diseases, the form and procedure for their examination are fixed at the legislative level by the Government of the Russian Federation.
The cancellation or change of the preventive measure occurs on the basis of a decision issued by the inquiry bodies, the investigator or the court, or by the court. If the MP was established in the pre-trial process by the investigator or the interrogating officer, somehow it can be corrected only with the permission of these persons.
Thus, all were considered above. preventive measures in criminal proceedings, types and features of their adoption, amendment and cancellation. In conclusion, it is worth noting that the MP data are applied by law only in really necessary cases and are commensurate with the misconduct for which the person was detained (of which he is accused or suspected). This is due to the necessary humanity of the preliminary investigation. It must bear respect and respect for a person who has not been sentenced, whose guilt has not been proven in fact.