Criminal procedural protection of the institution of marriage when choosing a preventive measure

Introduction: in 2020, the Constitution of the Russian Federation was amended to define the institution of marriage as a union of a man and a woman, and the need to protect it at the federal and regional levels. President of the Russian Federation Vladimir Putin annually identifies one of the important areas of state activity as support for families who are in a difficult situation, including due to low income. The article examines how the protection of the family and the institution of marriage is currently ensured when choosing a preventive measure against a suspect (accused) during a criminal trial for property crimes, namely, theft of someone else's property, as the most common crimes. Materials and Methods: the Russian legislation in the field of preliminary investigation was studied, the analysis of statistical data on the state of crime, the analysis of judicial practice and materials of criminal cases was carried out. In the course of the study the following methods were used: dialectical method of cognition, method of analysis, statistical and comparative methods. Results: courts predominantly choose one of four strictest measure of restraint - pre-trial detention. According to the majority of the studied criminal cases courts did not take into account marital status of persons as required by Article 99 of the Code of Criminal Procedure of the Russian Federation. The marital status could stand as the basis for less restrictive preventive measure. The author suggests specify mechanisms for accounting circumstances under Article 99 in measuring restraint as well as detail the type and category of the crime as a condition in selecting a measure of restriction that widens the possibility of the use of the measure that does not correspond to the social danger of a suspect or accused. Discussions and Conclusions: in order to ensure the protection of family and marriage, support for families with children, as well as low-income families, it is necessary to specify in the Criminal Procedure Code of the Russian Federation or in the relevant resolution of the Plenum of the Supreme Court of the Russian Federation the mechanism and conditions for taking into account the marital status of a person suspected or accused of committing a crime when choosing a preventive measure, namely, to add an indication the presence of a registered marriage as a circumstance precluding the use of a preventive measure in the form of detention for crimes of minor and moderate severity. This will ensure the support of families and the institution of marriage by the state under any circumstances.