After considering a petition for the authorization of a preventive measure in the form of detention of a suspect, the investigating judge has the right to authorize a preventive measure in the form of house arrest or apply bail
Based on the results of consideration of a petition for the authorization of a preventive measure in the form of detention of a suspect or accused, the investigating judge issues a decision on the authorization or refusal to authorize detention. In case of refusal to authorize the detention of a suspect or accused, the investigating judge has the right to authorize a preventive measure in the form of house arrest or apply bail. When applying a preventive measure unrelated to detention, one or more of the following duties may be assigned to a suspect, accused, or defendant in order to ensure proper behavior:
appear before the person conducting the pre-trial investigation, the prosecutor or the court at the time set by them;
not to leave a permanent or temporary residence without the permission of the body conducting the criminal process;
notify the person conducting the criminal proceedings, the prosecutor about the change of residence, place of work;
do not communicate with certain people or visit certain places;
get treatment for drug or alcohol addiction;
wear electronic tracking devices.
When making a decision on authorizing a preventive measure in the form of detention, with the exception of cases of particularly serious crimes, the investigating judge is obliged to determine the amount of bail sufficient to ensure that the suspect or accused fulfills the duties provided for in part three of article 140 of the draft CPC. This should be understood as follows: The investigating judge, considering a petition for the authorization of a preventive measure in the form of detention, if there are grounds for the application of this preventive measure, issues a decision on its authorization. At the same time, in the same decision, the investigating judge indicates that bail may be applied instead of detention and indicates its amount sufficient to ensure that the suspect or accused fulfills his duties, as well as the deadline for posting bail (indicating the court's deposit and the details of the bank in which he is located).
After considering a petition for the authorization of a preventive measure in the form of detention of a suspect, the investigating judge has the right to authorize a preventive measure in the form of house arrest or apply bail
At the same time, attention should be paid to the fact that part 4 of Article 145 of the draft CPC states that a cash deposit must be deposited into the appropriate account no later than five days from the date of election, application of this preventive measure, and a supporting document must be submitted to the person conducting the pre-trial investigation, the prosecutor, and the court. about making a deposit. When providing other valuables, movable and immovable property as collateral, the pledgor is obliged to submit them to the body conducting the criminal proceedings with the title documents within the same period. And in part 8 of Article 148 of the draft CPC, it is stated that the suspect, the accused or another person has the right at any time to pay bail in the amount specified in the decision of the investigating judge, the court on the authorization of a preventive measure in the form of detention. Thus, when authorizing a preventive measure in the form of detention and indicating in the judge's decision that bail can be paid, the bail can be paid by the pledgor at any time. And a person in custody is released only after actually posting bail. The deposit is considered paid from the moment of its acceptance. In part 7 of Article 145 of the draft CPC, it is stated that "a protocol is drawn up on the acceptance of bail, which states that the duties of appearing on summons are explained to the suspect or accused, and the pledgor is warned that if the suspect or accused evades appearing on summons, the bail is transferred to the state revenue. The protocol on the acceptance of bail is signed by the official who chose this measure of restraint, the suspect, the accused, as well as the pledgor, when he is another person. The protocol and the document on making a deposit in the court's deposit are attached to the case file, and the pledgor is given a copy of the protocol." The law does not contain any other rules for accepting bail, therefore, this procedure also applies when bail is paid by order of the investigating judge. This means that in these cases, the protocol on the acceptance of the pledge is signed by the investigating judge and the pledgor. And the explanation of bail obligations to the suspect and the accused and the consequences of their non-fulfillment according to part 8 of Article 145 of the draft CPC is carried out by the head of the place of detention of the person in custody.
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