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Publication date: 10.05.2024
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.
In criminal proceedings, bail can be used as one of the types of preventive measures. Precautionary measures are special measures applied by the court or investigators to ensure the fulfillment of procedural duties by a suspect, accused or other persons in criminal proceedings and to ensure the effective investigation of a criminal case. the suspect or accused may be ordered to deposit a certain amount of money into a special account in accordance with a court order, which will be used if he violates established conditions or to cover possible losses.
According to the Criminal Procedure Code of Ukraine (CPC), bail in criminal proceedings can be made by different persons, depending on the specific circumstances of the case and the requirements of the law. Here are some of these individuals:
Suspect: If a person has received the status of a suspect and a preventive measure in the form of bail has been applied to him, the suspect himself can post bail.
Accused: A person already accused of a crime may also post bail in a criminal proceeding.
Another person: individuals and legal entities who are not parties to the case can also act as pledgors.
According to the Criminal Procedure Code of Ukraine (CPCU), the return of bail in criminal proceedings can occur in several situations, in particular:
Release from a preventive measure: If the suspect or accused has complied with the conditions of the preventive measure imposed on him by the court (for example, if he complied with restrictions on movement or obligations not to change his place of residence).
Expiration of the validity period of the ruling: If the validity period of the ruling on the application of a preventive measure has expired, or a new measure has been chosen by a new ruling, the deposit is returned to the person who paid it.
No permission: The pledgor may not give his permission to apply the bail amount for the execution of the judgment, namely in the part that concerns property penalties.
Legal analysis of the procedure for returning the deposit:
Return of bail in criminal proceedings by applying to the State Judicial Administration (GSA) can occur in some cases, usually at the end of criminal proceedings or as a result of a court decision. Highlights of this process may include:
1. In order to return the funds constituting the deposit, it is necessary to apply with a package of documents to the State Arbitration Court, the Court of Appeal, or to the High Anti-Corruption Court or the Supreme Court, depending on where exactly the deposit account into which it was deposited was opened. In particular, it is necessary to collect the following documents: a corresponding application indicating the details of the bank account to which the funds will be returned, copies of the resolution which states the return of the deposit, as well as a copy of those documents confirming that the deposit amount was deposited into the deposit account.
2. The authorized bodies check the sent documents within 5 days and, if all the necessary conditions for the return of the collateral are met, prepare special instructions for the return of funds to the Treasury authority.
3. Refunds are made within 5 days from the date the Treasury receives the relevant instruction. Accordingly, the refund will be in non-cash form and will be carried out in accordance with the details specified in the application. If there is no account, the deposit amount is returned in cash through bank branches or by mail.
Lawyer's consultation at different stages of the process:
A criminal lawyer will provide protection to the client at any stage of criminal proceedings. A criminal lawyer will collect evidence, accompany you during investigative actions, appeal against illegal actions, inaction, formulate a defense strategy, and conduct a legal analysis of the situation. When choosing a preventive measure, a criminal lawyer will take into account all the circumstances, point them out to the investigating judge, the court, and if there are grounds, file a petition, complaints, analyze documents, etc. Consequently, a legal opinion of a lawyer plays an exceptional role in ensuring that his client is fully supported at each stage.
