Recognizance not to leave as measure of restraint

The house arrest is a under the provisions of the CCP measure for the retention of persons convicted or suspected of committing crimes from taking actions that impede the progress of the investigation, as well as those which will desire to avoid responsibility. It is a written document requiring the person against whom it operates, not to leave the place of residence or location, without the consent of the Prosecutor, investigator or the court.

Reason of the imposition of a measure of restraint

It Should be noted that house arrest is among the most easy legitimate limitations of human rights. This restraint imposed only in those exceptional cases where the investigating authorities have sufficient reason to believe that the person may have the opportunity to escape. At the same time, this form of restriction of human rights is abstract. If the investigating authorities knew that the person directly or indirectly involved in committing a crime and could abscond, would have selected a different measure such as detention. In addition, the appointment of such a measure as house arrest must be considered for certain circumstances. This applies primarily to the gravity of the offence, age of the suspect or accused, his state of health, family problems and other subjective factors.

Bodies and officials authorized to elect a measure of restraint

The List of persons authorized to remand, clearly enshrined in the criminal procedure code. Thus, the decision on his own recognizance is entitled to make the person making the inquiry, the investigation, and also court. If a person is required urgently to leave the place of residence or location, he shall in writing petition the official, who directs the course of the investigation, to obtain written consent to such acts. The officer conducting the inquiry or may allow the person to leave the place of residence, or deny. In the case of a positive result is recorded in a written document. A copy of it is passed to the accused or the suspect. In case of failure of the defendant, subject to a recognizance not to leave, you may appeal this decision to the Prosecutor's office.

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Terms of election of a measure of restraint

It Should be noted that the recognizance may be elected for the suspect and for the accused person. In the case against the suspect imposed a measure of restraint, it is 10 days. If after this period the charge is not made, the subscription loses its power. On the other hand, the subscription must be terminated by the relevant decision. If it is not, and after 10 days a person has violated this subscription, and he has not been charged, is unlikely to come with negative consequences.

A Different situation for the accused. If he acts on his own recognizance, the terms on which it applies are specified directly in the document. If it States that it is valid until the end of the investigation, we will have to wait. In addition, the recognizance may be specified that its action extends to the whole period of the trial.