Pledge and how it is chosen

07/ 09/ 2021

Author: Daria Vasina, Dynasty Law & Investmen lawyer Bail is a type of precautionary measure that is chosen after a person has officially received the status of a suspect. As defined by the criminal procedure law, bail can be both an independent type of precautionary measure and an alternative to arrest. This alternative in most cases depends on the severity of the criminal offense, as well as the risks of the suspect / accused being at large. Thus, during the pre-trial investigation, the precautionary measure is chosen by the investigating judge at the request of the investigator, agreed with the prosecutor, or at the request of the prosecutor, and during the trial - by the court at the request of the prosecutor. After choosing a precautionary measure in the form of collateral, the latter can be made either by the person involved or another individual, or by a legal entity. The court must review the decision on the precautionary measure every 60 days, in which case the prosecution may request a change of bail or extension. The issue of bail is decided in each case individually, depending on the actual circumstances of a possible criminal offense, and the amount of bail may be affected by the material and family status of the person, the risks of possible hiding, or the impact on the pre-trial investigation and others. In case of non-payment of the relevant amount of bail within the period determined by the court, the person is expected to choose another measure of restraint and the most severe. Once the precautionary measure has expired, the pledge must be returned. However, if the bail was paid directly by the accused and the sanction of the article under which he is prosecuted provides for confiscation, the court at the time of sentencing, may fully or partially direct the funds to enforce the sentence, one can only happen with the voluntary consent of the accused . It should be noted that a copy of the petition and the materials attached to it must be provided to the suspect or accused no later than three hours before the commencement of the petition. At the same time, the right of any person to liberty is inviolable and guaranteed by the Constitution of Ukraine, and detention is an exclusive and strictest type of preventive measures provided by criminal procedure law, the purpose of such a measure should not be to punish the person crime or prevention of continuation of criminal activity. In addition, Art. 194 of the CPC of Ukraine stipulates that when considering a request for precautionary measures, the investigating judge, the court is obliged to establish whether the evidence provided by the parties to the criminal proceedings prove the existence of reasonable suspicion, the presence of at least one of the risks under Art. 177 of the Criminal Procedure Code of Ukraine and others. Thus, bail is in fact a guarantee that the suspect or accused will faithfully perform the duties specified by the criminal procedure law, and the court must determine the amount of bail that would discipline and motivate the latter to perform them. In case of non-fulfillment of the assigned obligations, the money deposited as a pledge to the suspect / accused is not returned by the court decision, and the money is sent to the state.

Author: Daria Vasina, Dynasty Law & Investmen lawyer

Bail is a type of precautionary measure that is chosen after a person has officially received the status of a suspect. As defined by the criminal procedure law, bail can be both an independent type of precautionary measure and an alternative to arrest. This alternative in most cases depends on the severity of the criminal offense, as well as the risks of the suspect / accused being at large.

Thus, during the pre-trial investigation, the precautionary measure is chosen by the investigating judge at the request of the investigator, agreed with the prosecutor, or at the request of the prosecutor, and during the trial – by the court at the request of the prosecutor. After choosing a precautionary measure in the form of collateral, the latter can be made either by the person involved or another individual, or by a legal entity.

The court must review the decision on the precautionary measure every 60 days, in which case the prosecution may request a change of bail or extension.

The issue of bail is decided in each case individually, depending on the actual circumstances of a possible criminal offense, and the amount of bail may be affected by the material and family status of the person, the risks of possible hiding, or the impact on the pre-trial investigation and others.

In case of non-payment of the relevant amount of bail within the period determined by the court, the person is expected to choose another measure of restraint and the most severe.

Once the precautionary measure has expired, the pledge must be returned. However, if the bail was paid directly by the accused and the sanction of the article under which he is prosecuted provides for confiscation, the court at the time of sentencing, may fully or partially direct the funds to enforce the sentence, one can only happen with the voluntary consent of the accused .

It should be noted that a copy of the petition and the materials attached to it must be provided to the suspect or accused no later than three hours before the commencement of the petition.

At the same time, the right of any person to liberty is inviolable and guaranteed by the Constitution of Ukraine, and detention is an exclusive and strictest type of preventive measures provided by criminal procedure law, the purpose of such a measure should not be to punish the person crime or prevention of continuation of criminal activity.

In addition, Art. 194 of the CPC of Ukraine stipulates that when considering a request for precautionary measures, the investigating judge, the court is obliged to establish whether the evidence provided by the parties to the criminal proceedings prove the existence of reasonable suspicion, the presence of at least one of the risks under Art. 177 of the Criminal Procedure Code of Ukraine and others.

Thus, bail is in fact a guarantee that the suspect or accused will faithfully perform the duties specified by the criminal procedure law, and the court must determine the amount of bail that would discipline and motivate the latter to perform them. In case of non-fulfillment of the assigned obligations, the money deposited as a pledge to the suspect / accused is not returned by the court decision, and the money is sent to the state.