UDK 343.852 Меры пресечения. Предупредительное заключение. Обеспечительное содержание в закрытом заведении
The article presents the results of a study of the problems of using bail as a preventive measure in criminal proceedings, and developed proposals for improving this legal institution. Thus, defenders should be guided to persistently raise the issue of investigating the possibilities of assigning more “soft” preventive measures, such as bail, before the courts and investigative authorities. The possibilities of using bail as a preventive measure will be much wider if a strict list of crimes is established, in which it is possible to appoint a preventive measure in the form of detention. By analogy, it is necessary to determine the elements of crimes where bail would be a desirable preventive measure. In addition, it is advisable to use the Western European experience of using bail as a preventive measure.
preventive measure, criminal procedure, bail, investigation, judicial proceedings, restriction
1. Gasparyan, N. 2020, ‘“Unsecured” justice Judicial practice of the last 10 years turns bail into an “endangered” preventive measure’, Advocate Newspaper, 25 March.
2. Mustafina, K. 2019, ‘Problems of bail application in Russian criminal proceedings’, Issues of Russian Justice, iss. 1, pp 621–629.
3. Narbikova, N. G. 2015, ‘Problems of the effectiveness of bail as a preventive measure in criminal proceedings’, Proceedings of the Orenburg State Agrarian University, iss. 5(55), pp. 256–257.
4. Tsyretorov, A. I. & Anisimov, A. G. 2021, ‘Bail as a preventive measure: some problems and ways to improve efficiency’, Criminal Justice, iss. 17, pp. 62–64.
5. Shakhvaliev, N. 2022, ‘An endangered measure: less than 0.2 % of suspects are released on bail in Russia’, TASS, 16 February, viewed 28 September 2023, https://tass.ru/obschestvo/13714397.
6. Allen, J. A. 2017, ‘“Making Bail”: Limiting the Use of Bail Schedules and Defining the Elusive Meaning of “Excessive Bail”’, Journal of law and policy, iss. 25, pp. 637–685.
7. Mayson, S. G. 2018, ‘Dangerous Defendants’, Yale Law Journal, iss. 127, pp. 490–568.
