“Yet, in practice rarely apply this measure of restraint as bail, – said the Chairman of the Association of lawyers of Russia Vladimir Gruzdev. – According to Judicial Department at the Supreme court of Russia, the year was considered more than 104 thousand applications for remand in custody, and 86 times the courts rejected the request of arrest warrant, set bail. While house arrest instead of sending the person to jail by the court were chosen 3,5 thousand times.”
Now the Plenum of the Supreme court of Russia has amended a number of its old regulations, including those relating to the election of preventive measures. The courts have been instructed to discuss the possibility of using collateral when the investigation asks the arrest or house arrest. As is particularly stated in the new guidance, the court is not restricted in the right to bring the matter to the parties for consideration and on his own initiative. That is, even if there are no requests to set bail, the court may decide that it is appropriate. And assign the amount.
If, after weighing all the “pros” and “cons”, the court decides that the Deposit can not be applied, this decision should be motivated. So just say “no” will not work, you will have to call arguments. “Such legal positions are expected to expand the use of humane measures of restraint and to reduce the number of arrests,” says Vladimir Gruzdev.
the Collateral can be used in combination with another preventive measure: a ban of certain actions. As recalled by Vladimir Gruzdev, the article “the Prohibition of certain actions” appeared in the code of criminal procedure in the spring of 2018. It gives powers to the court to set the defendant a certain set of restrictions. Courts can forbid to visit certain places, to communicate with specific individuals, to go out at night, etc. the Set of restrictions is selected for each individual: taking into account individual and specific circumstances of the case.
Also, the Supreme court has tightened the requirements for detention entrepreneurs. For example, every time the investigation asks the arrest of the businessman on charges of fraud, courts should verify that the alleged crime is not connected directly with the business.