on parole is stipulated norms of the CCP measure to retain a person accused or suspected of a crime, from actions that impede the promotion of the investigation, as well as those that focus on the desire to avoid responsibility.It is a written document that requires 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.
grounds for the preventive measure
It should be noted that the house arrest is one of the easiest legal restrictions of human rights.Such a measure of restraint shall be made 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 for sure that the person directly or indirectly involved in the crime, and could escape, I would have chosen a different measure, such as the detention.In addition, the appointment of such a measure as house arrest, must be taken into account certain circumstances.This is especially true gravity of the offense, the age of the suspect or the accused, his state of health, family problems and other subjective factors.
bodies and officials authorized to elect a measure of restraint
list of persons who are authorized to elect a preventive measure, it is clearly enshrined in the Code of Criminal Procedure.Thus, the decision about subscription on his own recognizance authorized to make the perpetrators of the inquiry, investigation and trial.If the person is an urgent need to leave the residence or seat, it must, in writing to apply for an official who supervises the investigation, to obtain written permission to commit such acts.The official conducting an investigation, or may allow a person to leave the place of residence, or deny.In the case of positive results is a written document.A copy of the transferred accused or suspect.In case of refusal of the accused, subject to a subscription on his own recognizance, may appeal the decision to the Prosecutor's Office.
Terms preventive measure
It should be noted that the house arrest can be selected for both the suspect and the accused person.If the suspect taken out such a preventive measure, it is 10 days.If after this period, the charge is not imposed on him, the subscription is no longer valid.On the other hand, the effect of subscription should stop the relevant decision.If it is not, and 10 days after the person has violated this subscription, and he has not been charged, it is unlikely there will come a negative impact.
situation is different for the accused.If he acts in relation to house arrest, the terms on which it is distributed, are specified in the document.If it states that it is valid until the end of the investigation, it would have to wait.In addition, a subscription on their own recognizance may be pointed out that its action covers the whole period of the trial.
