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Publication date: 07.05.2024
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.
Criminal law provides a number of grounds for exemption from criminal liability, and the Criminal Code contains a number of articles regulating this process. One of such articles may be, for example, Article 47 of the Criminal Code, which provides for the possibility of using bail by the labor collective.
Court decision: Exemption from criminal liability in connection with the transfer of a person to bail may be accepted by the court when considering the case on the basis of a corresponding petition from the interested parties.
Circumstances: The court analyzes various circumstances, including the nature of the crime, the degree of threat to society, social connections, the nature of the guarantee and other factors.
Conditions of surety: the person in respect of whom this type of release from liability is applied agrees to comply with specific conditions established by the court for a certain period.
Liability of the surety: The surety may be held liable for failure to comply with the terms of the surety bond, including payment of a fine or other penalties.
Reasons for application: an extremely important condition for the application of this type of exemption from criminal liability is the person’s sincere repentance. Also a necessary condition is the presence of a petition from a certain labor collective to take such a person on bail. Such a petition must be submitted in writing to the court and must express the collective’s request to place the person on bail and contain an obligation to apply educational measures to the violator. In turn, the violator undertakes to justify his trust in the team.
Conditional nature of bail:
Within one year from the date of bail, the person must demonstrate his ability to justify the trust of the labor collective that has taken him under his guarantee. This may include complying with all terms of the bond, maintaining problem resolution, and fulfilling the responsibilities that come with being a member of the team.
A person under the guarantee of a labor collective must:
Comply with the terms of the surety: She must actively comply with all conditions set by the court and the surety to ensure compliance with legal and law enforcement requirements.
Fulfill his duties: A person must perform his duties honestly and responsibly at work or other activity in which he is located.
Avoid Offenses: She must avoid any actions that may lead to offenses or breach of bail conditions.
Maintain interaction with the team: The individual must interact with members of the work team, performing his duties and helping to solve possible problems.
Successful demonstration of these qualities and fulfillment of the conditions of the guarantee can positively affect the future fate of the individual in the criminal process, as well as his status in the work collective.
Responsibility for violation of the terms of the guarantee:
In case of violation of the conditions of bail, the person may be held criminally liable for the crime he committed. This may include committing a new crime or violating court-ordered bail conditions. Responsibility will be applied in the event of failure to fulfill the main obligation, namely failure to justify the trust of the team (for example, violations of internal labor regulations, failure to fulfill labor functions assigned by the team, or the commission of a new crime). It should also be taken into account that if a new crime is committed during the guarantee period (one year), it will already be qualified as a plurality, namely repetition or accumulation.
Consultation with a criminal lawyer:
A criminal lawyer is an active participant in the process, providing comprehensive protection of the rights and interests of his client. A criminal lawyer will not only represent interests, but also collect evidence, choose a defense strategy, accompany the client during procedural actions, and conduct a legal analysis of the situation. Since a criminal case is a rather complex process, a legal opinion from a lawyer is highly desirable.
