Perspectives of a security as measures of prevention in the domestic criminal proceedings
Автор: Gaponova Valentina N., Tsyretorov Alexey I.
Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz
Рубрика: Уголовный процесс
Статья в выпуске: 1 (21), 2022 года.
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In the article, the authors study bail as a measure of restraint in domestic criminal proceedings. Based on the analysis of legislation, scientific literature, materials of investigative and judicial practice, judicial statistics, the problems of legislative regulation and practical implementation of the preventive measure under study are identified. A small amount of the use of bail in the domestic criminal procedure legislation is noted. infrequently they apply for a preventive measure in the form of bail. The reasons for the infrequent appeal of law enforcers with a petition for choosing a measure of restraint in the form of bail are indicated, such as the lack of sufficient property from potential pledgers, allowing them to deposit funds adequate to the gravity of the crime committed as bail, the complexity of the procedure for applying this measure of restraint, the lack of wide practice of its application and methodology determining the amount of bail depending on the category of crime. The authors reviewed and analyzed the foreign experience of the legal regulation of pledge, the mechanism of its application in the process of investigating crimes. Theoretical and practical trends in the application of a measure of restraint - pledge are investigated. The genesis of the legal regulation of the use of bail in Russian criminal proceedings is analyzed. The author’s vision for improving the application of this measure of restraint is proposed, namely, a number of changes to the criminal procedure code of the Russian Federation, which, it seems, will contribute to its more frequent use by law enforcement officers, which in turn will maximize the implementation of the protection of the guaranteed rights and legitimate interests of the suspect or the accused, as well as achieving the purpose of criminal proceedings.
Compulsion, preventive measure, pledge, preliminary investigation, deposit amount
Короткий адрес: https://sciup.org/143178499
IDR: 143178499