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Publication date: 29.03.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Each participant in the criminal process is endowed with a certain amount of rights and obligations corresponding to them. At the same time, the legislation contains a list of means of ensuring criminal proceedings, the purpose of which is to ensure the effectiveness of criminal proceedings in terms of guarantees that the participants fulfill the duties assigned to them. One of such measures is a monetary penalty, which is the imposition on the participants of the process of the obligation to pay a certain amount of money in the event that it is proven before the investigating judge or court that such a participant has failed to fulfill his obligations provided for by law or a court decision.
Analysis of the features of applying monetary penalties:
Based on the above definition, we can conclude that this penalty is applied if there is a reason - failure to fulfill obligations. The imposition of a penalty is possible not only during a court hearing, but also during judicial proceedings according to the appropriate definition. There is an exceptional list of cases when the court or investigative judge is obliged to impose a monetary penalty upon request, namely: in the case when the guarantor does not fulfill his obligations when choosing a preventive measure in the form of personal bail; in the event that parents or guardians, trustees violated the obligation to take under supervision of a minor suspect or accused. A fairly common ground in practice also includes failure to appear at a court hearing without a good reason. In particular, this may concern the non-arrival of the accused when summoned (if he was not subject to detention), the non-arrival of the victim, if he was properly informed of the place and time of the meeting, or if the civil defendant did not arrive at the meeting. The hearing must take place within 3 days (if the petition was filed during the pre-trial investigation). The prosecutor and investigator have the right to file a motion to impose a penalty. The content of the petition is clearly regulated by law. It should be noted that the application of penalties is also possible on the initiative of the investigating judge or the court. If the petition is granted, a copy of the ruling issued in this regard must be sent to the person against whom the monetary penalty was applied.
Appealing a ruling to impose a penalty:
There are cases when a penalty is imposed without reason and, accordingly, an appeal against the ruling is required. According to Art. 147 of the Code of Criminal Procedure, if a person was not present during the consideration of the application for the application of this measure, then he is given the right to file a petition, according to which the imposed penalty will be canceled. This petition should be submitted to the investigator of the judge or court that made the decision. Current legislation does not establish a time limit for filing such a petition. After filing it, several cases may arise, because the court can independently cancel its ruling or schedule a court hearing to consider the petition. If the imposition of a penalty is proven to be groundless, the court or investigator will cancel the ruling.
Legal opinion of a lawyer in criminal proceedings:
Legal advice is an indispensable tool in criminal proceedings. And even in such matters as appealing groundlessly made decisions, a criminal lawyer is extremely important, because it is he who will conduct a legal analysis of the situation, help draw up procedural documents, represent the interests of his client and help protect his rights. In addition, the lawyer will collect exculpatory evidence, will be present during procedural actions, record violations for further appeal and implement a defense strategy. A criminal case is a rather complex and multi-stage process, and therefore high-quality legal assistance is extremely desirable.
