On the practice of applying bail by authorities as an alternative to detention

The Aktobe transport Prosecutor's office, as a priority, supervises the protection of constitutional rights and freedoms of individuals and citizens in pre-trial proceedings, especially in the application of preventive measures.

The new criminal procedure legislation allows for unhindered investigation of criminal cases involving suspects and accused persons who have been subjected to non-custodial measures. One such measure is the pledge. This measure of restraint is a material incentive for the human rights behavior of a person who has fallen into the orbit of criminal prosecution.

The effectiveness of this measure of restraint is evidenced by the following information.

Since the beginning of this year, with the approval of the Aktobe transport Prosecutor, law enforcement agencies have applied guarantees to 11 persons on transport. At the same time, all persons are timely bodies of criminal prosecution and to the court. There is no intention to follow and hide from the court.

How is it applied and what is collateral?

Bail consists in making money on the Deposit of the court to ensure that the suspect or accused person fulfills the obligation to appear before the person conducting the pre-trial investigation, the Prosecutor or the court upon their summons.

If the obligation to appear before the criminal prosecution authority is violated without good reason, the subject of the pledge is transferred to the state revenue.

Bail can be paid by the suspect, the accused, or a third person in their interests. In the latter case, the risk of loss of the Deposit amount is borne by this third party. But at any stage of the criminal process, the right to return the collateral remains. It is enough to apply to him with a written statement about the impossibility of ensuring the appearance of the suspect or accused in the body conducting the criminal process. In the absence of violations, the subject of bail is returned to him immediately, and a different measure of restraint will be taken against the suspect and the accused.

The amount of bail is legally changed from 50 to 500 MCI and depends on the category of crimes, the nature of criminal activity, the identity of the suspect, the property status of the pledger. Money, movable and immovable property, and other valuables can be accepted as collateral. The subject of the pledge must be free from encumbrances of third parties.

This measure of restraint is not applied when committing a particularly serious crime, such as murder, sale of narcotic drugs on a large scale, etc.

If the obligations secured by the pledge are met, the pledge is immediately returned to the pledger after the completion of the criminal process.

 

 

Prosecutor of the Aktobe transport Prosecutor's office Tasmagambetova I. K.