Preventive measures in criminal proceedings: types

The whole process of the criminal case consists of various kinds of decisions, judgments and rulings of the court, investigative bodies and inquiries. They often restrict the freedoms and interests of the accused. This type of restrictions is simply necessary for the objective promotion of the case (investigation) and the entire legal proceedings in general. Therefore, the legislator gives these methods of deterrence a definition (preventive measures in the criminal process), fixes their characteristics and the specifics of each of their types.

Unlike other restrictions, the data have a specific source in which they are registered - the Criminal Code of the Russian Federation. For example, from the measure of administrative restraint they differ in ways of influence. Their coercion is psychological or physical.

The concept of preventive measures and their types

Preventive measures in criminal proceedings are a temporary restriction of individual rights, which is applied by the investigation, the prosecutor's office or other judicial authorities to the defendant. Sometimes such measures are applied to suspects in case, for example, when it is likely that the accused will abscond from an inquiry, investigation or trial, will continue to commit crimes or will be able to prevent the establishment of truth in this process.

If measures of restraint (MP) are established by a suspect, then the prosecution must be brought to him by law enforcement bodies within 10 days of the application of this punishment, with the exception of charges on certain articles of the UKCRF, for example, for a terrorist act or assistance in it. In these cases, the period is increased to 30 days. A list of similar articles-exceptions is indicated in paragraph 2 of Article 100 of the Criminal Code. If the suspect is not charged in the specified period of time, then the MP is canceled.

Chapter 13 of the Criminal Code of the Russian Federation contains the concept, types and features of the measure of restraint. According to this source of law, when choosing a MF, information on the identity of the suspect, his age, state of health, marital status, severity of the act committed 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 of the Russian Federation (Article 98), the following preventive measures may be chosen for the defendant:

• Personal guarantee;
• House arrest;
• Supervision of a minor accused;
• Observation of the accused in the military unit;
• pledge;
• House arrest;
• detention.

The judge, investigator or investigator shall issue a ruling on the elected MP for the accused, and the court - the ruling, which specifies for which crime the person is convicted and what punishment it should incur. The accused or his legal representative has the right to receive in person a written decision on the choice of a measure of restraint and (or) determination, as well as verbal explanation of their appeal.

Personal guarantee and a written undertaking not to leave the place

Article 103 of the Criminal Code of the Russian Federation fixes one of the types of IP, namely personal guarantee, which consists in a written commitment of a person who deserves the confidence of law enforcement bodies in that he is fully responsible for carrying out 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 conduct (not interfering with the course of the investigation or trial).

This punishment can be established on a written request sent to the competent authorities, with the consent of the accused or suspect person. The guarantor in this case explains all his duties, responsibility for their violation, as well as the very essence of the suspicion (charge) put forward. In this case, the sanction for the guarantor, who does not fulfill his obligations, consists in monetary penalties of up to 10 thousand rubles.

Another measure of restraint in the criminal proceedings is a written undertaking not to leave the place. This type consists in limiting the ability of the suspect (defendant) to leave the permanent or temporary place of residence. You can do this only if you get permission from the authorities. And also this MP assumes the corresponding behavior of the person with respect to whom it is established: it is obliged to appear at the request of the bodies of inquiry and investigation, the court should not interfere with the proceedings in criminal proceedings.

Supervising juvenile defendants

Measures for restraint in criminal proceedings may be brought to juveniles. In this case, the Criminal Code of the Russian Federation prescribes such punishment as the supervision of the accused. According to Article 105 of the Criminal Code, such MP is to ensure the appropriate behavior of the accused (suspected) children by their parents, legal representatives (guardians) or other adults of good faith. If the child is (living, studying) in a children's specialized institution, then such a guarantee can be taken by his employees, writing a written commitment.

Just like in the case of personal guarantees for adult citizens, persons looking after minors are explained their duties and responsibilities, as well as the essence of the charge (suspicion). In the event of violations, a similar fine is imposed - up to 10 thousand rubles.

Pledge

The next measure of restraint, fixed in the Criminal Code of the Russian Federation, is a pledge. it The transfer or transfer by the accused (suspect) of their property to the competent authority engaged in the criminal case, with the aim of securing a turnout to the investigator or to the court.

Such kind of guarantee can be made both in the form of real estate, and as money, securities, shares, bonds. Type, size and term of deposit Are elected by the court, taking into account the gravity of the crime, the personal qualities and financial capabilities of the defendant. It should be noted that for criminal acts of medium or mild degree this type of preventive punishment can not be less than 50 thousand rubles, and for serious and especially serious - 500 thousand rubles.

A pledge in the form of money is paid to the deposit account of the court or the relevant authority. On this fact, a protocol is drawn up, a copy of which is given to the person who contributed the amount.

In the event of violation of the obligations of the accused (defendant), all money, securities or property remain state property. In other situations, they return to the mortgagor.

This type of preventive punishment in the criminal process (RK, RF, etc.) can be installed at any time. The defendant (accused) or his representative can ask to elect this MP by filing a petition.

Observation of the command of the military unit

Observation of the accused in the military unit is also a preventive measure and consists in the supervision of a serviceman or a military man who is going through military gatherings who is suspected or accused of committing a crime.

Monitoring of this kind should be carried out by the command of the military unit, which explains the essence of the charge, duties and responsibilities arising from the adoption of this type of punishment. Such MP is applied only with the consent of the accused (the suspect).

The main task at the time of observation is that the command in the case of inappropriate behavior of the alleged offender should report this to the law enforcement authorities.

House arrest

In addition to those punishments that bear the psychological nature of coercion, there are restrictions on the freedom (physical impact) of preventive measures in criminal proceedings. Article 107 of the Criminal Code establishes one of these - house arrest.

This preventive measure consists in full or partial isolation of the accused (suspect) within the walls of his own home. At the same time, he is under constant control, and he is subject to certain restrictions (prohibitions). In private situations, when the state of health of a prisoner does not allow him to detain him in the home, or even more so in a cell, he is placed under the same conditions under supervision in a medical institution.

The restrictions that are imposed on the arrested person may include a ban on:

• Exit from your own home;
• Communication with some persons;
• Postal items (letters, parcels, etc.);
• Use of telephone and internet.

It should be noted that the accused (the suspect) can use the phone to call an ambulance, rescue service, etc.

Home arrest can be established on the submitted application for a period of not more than 2 months. But after the expiration of this period, if necessary, he can extend the court.

Detention

And, finally, preventive measures in the criminal trial include imprisonment. This type is envisaged for the accused (suspects) in crimes, for the commission of which may be sentenced to imprisonment for more than 3 years, or for the defendants who committed less serious acts (providing up to 3 years of imprisonment), but The criminal does not have a permanent place of residence in the Russian Federation, his personality can not be established, he previously violated the milder MP issued in this case, or he was hiding from the investigating authorities.

This MP is the strictest. The court order must contain arguments that it was she who was elected. The law enforcement agencies can only prescribe such a measure of restraint if the accused person (suspect) is personally present, except when he is put on the international wanted list.

At the time of the investigation, the period of detention can not be more than 2 months, but if necessary, it can be extended by a court of up to 6 months. A longer term action of this measure of restraint (up to 12 months) may be for grave and especially grave crimes, with a very complicated, complex investigation. The maximum term is up to 18 months for particularly serious crimes in exceptional cases.

30 days prior to the expiration of the period of detention, the suspect (defendant) or his counsel is provided with all the investigation materials for examination.

In general, the term of such arrest includes the time that the defendant was detained as a suspect, the period of house arrest, the compulsory finding by the court of the accused in medical institutions, the time when the person was detained in the bodies of a foreign state (before his extradition to the territory RF).

Change or cancellation of the measure of restraint

After considering the preventive measures in the criminal process, the concept and types, you can get acquainted with the grounds for their modification or cancellation. A complete cancellation of the MP occurs if the person is acquitted or when there is no charge against the suspect in the specified time.

Changing the punishment to a softer one can be observed, for example, if the defendant is seriously ill (custody is replaced by house arrest). At the same time, the list of such diseases, the form and procedure for their certification are fixed at the legislative level by the Government of the Russian Federation.

The cancellation or modification of the measure of restraint occurs on the basis of an order issued by the bodies of inquiry, by an investigator or a court, or by a court decision. If the MP was established in the pre-trial process by the investigator or the investigator, somehow it can be corrected only with the permission of these persons.

Thus, all the above have been considered Measures of restraint in criminal proceedings, types and features of their adoption, changes and cancellations. In conclusion, it should be noted that these MPs apply only in the really necessary cases and are commensurate with the misdemeanor for which the person is detained (in which he is accused or suspected). This is due to the necessary humanity of the preliminary investigation. It should bear respect and care for the person who has not been sentenced to a court sentence, whose fault is not proven in fact.